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Infrastructure and buildings (2) Show more Show more Jurisdiction Cooling degree days (3) Extreme Precipitation (7) Extreme Temperature (4) Frost days (2) Growing season length (1) Heating degree days (3) Intensity-Duration-Frequency curves (9) Moisture deficit (1) Snow cover (1) Weather conditions (1) Show more Show more Source Statistically downscaled (2) Show less Show less Data type Intensity-Duration-Frequency curves Atlas agroclimatique du Québec (in French only) (Opens in a new Window) The AgroClimate Atlas of Quebec contains historical observations and future modelled climate indicators for various regions of Quebec. Moderate and high emissions scenarios are available and indicators are presented in mapped and graphical form. Indicators are reported as seasonal averages over the horizon periods, and include: frost dates, extreme temperatures, growing season, degree-days, corn heat units, hardening, dehardening, precipitation, water budget, and IDF graphs. Quebec Reference Center for Agriculture and Agri-food (CRAAQ) Data product Additional resources Climate Data (Opens in a new Window) Climate Data brings together a significant amount of climate data and tools that have been developed for Newfoundland and Labrador. This includes historical climate data, road weather information system data, Intensity-Duration-Frequency (IDF) curves, temperature and precipitation projections, and flood alert system updates. Additional tools include flood risk mapping and coastal erosion monitoring. Future data are available as gridded data. Government of Newfoundland and Labrador Department of Municipal Affairs and Environment, Climate Change Branch Climate data – High resolution projections (Opens in a new Window) Climate data - High resolution projections contains high resolution climate change data focused on Ontario. The dataset contains the 50th percentile high resolution probabilistic projections of annual averaged temperature and precipitation over Ontario, covering the 1970s, 2030s, 2050s, and 2080s. Data are provided in partnership with the University of Regina and York University. Data are available for download in tabular and gridded formats Government of Ontario, University of Regina, York University Engineering Climate Data Sets (Opens in a new Window) Engineering Climate Datasets contain: Intensity-Duration-Frequency (IDF) Files, the Canadian Weather Energy and Engineering Datasets (CWEEDS) and the Canadian Weather Year for Energy Calculation (CWEC) dataset. The IDF dataset contains short duration rainfall Intensity-Duration-Frequency (IDF) statistics. Data are presented as tables and graphs for various locations across Canada. CWEEDS provides hourly and long-term weather conditions at monitoring stations across Canada with at least 10 years of records between 1998 and 2014. CWEC datasets contain 12 calculated "Typical Meteorological Months" selected from a 30 years of records, including daily global radiation, dry-bulb temperature, dew-point temperature and wind speed. Meteorological Service of Canada Extreme Precipitation in Atlantic Canada (Opens in a new Window) Extreme Precipitation in Atlantic Canada is intended to extend the print-based Environment and Climate Change Canada (ECCC) Intensity-Duration-Frequency (IDF) analyses for Atlantic Canada through an interactive web tool. The web tool provides users with enhanced access and visualization of the official ECCC IDF point data. Features include familiar ECCC IDF station based graphs and tables with access through a map based browser interface, IDF graphs and tables based on gridded data to provide information for locations between observing sites, contoured regional and province-specific extreme rainfall maps, downloadable ASCII grid files, and integration of US data for improved visualization at the border and access to US station data. Cornell University, Environment and Climate Change Canada, Gulf of Maine Council on the Marine Environment Northeast Regional Climate Center (NRCC) Hurricane Season Flood Alert System (Opens in a new Window) The Hurricane Season Flood Alert System (HSFAS) is based on forecasted precipitation amounts and seeks to provide communities with flood warning services as a key climate change adaptation and public safety tool. Alerts are provided to communities that have Flood Risk Mapping Studies (FRMS) or have published intensity-duration-frequency (IDF) curves from which precipitation-based flood triggers can be derived. The HSFAS is operational during the peak hurricane months of June to December, and provides alerts for 45 communities. Department of Municipal Affairs and Environment, Water Resources Management Division/Fire and Emergency Services IDF Curve Lookup (Opens in a new Window) IDF Curve Lookup is a web-based application to retrieve rainfall Intensity-Duration-Frequency (IDF) curves. Users can input their location using a coordinate format, and select return periods of 2, 5, 10, 25, 50 and 100 years. Future projections are made based on a linear trend using 2010 as a reference year. Data are available for download in tabular and graphical formats. Ontario Climate Change Data Portal (Opens in a new Window) The Ontario Climate Change Data Portal contains downscaled climate projections under various emissions scenarios, projected intensity-duration-frequency (IDF) curves, and daily and hourly time series data for climate change impact assessments. Data are presented in both point and grid resolution for historical and future horizons. Data are available for download as mapped and tabular formats. Institute for Energy, Environment and Sustainable Communities Service Info-Climat (in French only) (Opens in a new Window) Service Info-Climat offers hourly, daily and monthly data for temperature, dew point, relative humidity, precipitation (rain, snow and total), snow on the ground, pressure and wind, annual and monthly statistics, Intensity-Duration-graphs Frequency, wind rose, frequency of exceeding daily requirements. To obtain a product, you must contact the Info-Climat service and consult the pricing. Government of Quebec Ministry of Sustainable Development, Environment and the Fight against Climate Change
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Webinar Series: Selected Issues in U Nonimmigrant Status Registration Opens in February 2020 April 7 – April 28, 2020 | CA MCLE: 1.5 per webinar U non-immigrant status adjudications have undergone many changes over the last few years, and new issues are constantly emerging. Cases that would have been approved without difficulty a few years ago are now subjected to multiple requests for evidence and denials. This four-week webinar series will focus on cutting edge and developing issues in U nonimmigrant status and adjustment. Topics will include issues related to the waiting list, discretionary determinations, new grounds of inadmissibility that arise for those on the waiting list or in U status, renewed scrutiny of previously waived grounds of inadmissibility, extensions of status, the impact of removal orders on adjustment of status and adjustment of status for derivatives, including the I-929 process. Type of Training April 7, 2020 - April 28, 2020 CLINIC Affiliates - $140 Nonprofit Agency Staff - $240 Private Attorneys and Staff - $320 Host/Sponsor Catholic Legal Immigration Network, Inc.
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Montana backs off amendment on gender identity January 16, 2015 / Athletic Administration Montana will no longer consider implementing a policy on athletic participation by transgender students. The state athletic association was expected to vote on the amendment Jan. 19, but the Montana High School Association issued a press release Jan. 15 indicating it would remove the item from the agenda. It cited “an overall lack of support” as the reason. “A poll of the MHSA Executive Board indicates they intend to withdraw the proposal based on insufficient support required to achieve a two-thirds majority of members present and voting,” according to the press release. “All Annual Meeting proposals are voted on only by representatives of the 179 schools member schools in attendance. Once a proposal is withdrawn, there can be no further discussion on the floor.” The amendment would have allowed the MHSA to create a panel including physicians and psychologists. The panel would have reviewed individual cases to determine whether transgender students can participate in certain sports. Indiana school board votes to lower GPA standards for athletes Indiana to consider implementing ‘past-link’ rule Illinois takes another step toward sanctioning competitive gaming
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Home › The Birds of Pandemonium The Birds of Pandemonium “A remarkable book. Reading about the birds of Pandemonium will make you laugh and cry; it will make you see more clearly the need to take care of our planet; and it will confirm that one person with a passion can make a difference.” —Jeff Corwin, nature conservationist and host of Animal Planet Each morning at first light, Michele Raffin steps outside into the bewitching bird music that heralds another day at Pandemonium Aviaries. A full symphony that swells from the most vocal of more than 350 avian throats representing more than 40 species. “It knocks me out, every day,” she says. Pandemonium, the home and bird sanctuary that Raffin shares with some of the world’s most remarkable birds, is a conservation organization dedicated to saving and breeding birds at the edge of extinction, with the goal of eventually releasing them into the wild. In The Birds of Pandemonium, she lets us into her world--and theirs. Birds fall in love, mourn, rejoice, and sacrifice; they have a sense of humor, invent, plot, and cope. They can teach us volumes about the interrelationships of humans and animals. Their amazing stories make up the heart of this book. There’s Sweetie, a tiny quail with an outsize personality; the inspiring Oscar, a disabled Lady Gouldian finch who can’t fly but finds a brilliant way to climb to the highest perches of his aviary to roost. The ecstatic reunion of a disabled Victoria crowned pigeon, Wing, and her brother, Coffee, is as wondrous as the silent kinship that develops between Amadeus, a one-legged turaco, and an autistic young visitor. As we come to know the individual birds, we also come to understand how much is at stake for many of these species. One of the aviary’s greatest success stories is breeding the gorgeous green-naped pheasant pigeon, whose home in the New Guinea rainforest is being decimated. Thanks to efforts at Pandemonium, these birds may not share the same fate as the now-extinct dodo. The Birds of Pandemonium is about one woman’s crusade to save precious lives, and it offers rare insights into how following a passion can transform not only oneself but also the world. “A delightful account. Its appeal is ageless, her descriptions riveting, and her devotion to the birds remarkable.” —Joanna Burger, author of The Parrot Who Owns Me “A fascinating and rarely seen glimpse behind the scenes. The joy she gets from her close relationships with these amazing animals and her outsized commitment to them comes through loud and clear in this engaging and joyful book.” —Dominick Dorsa, Curator of Birds, San Francisco Zoo “Reading this wonderful book, one cannot help but realize how much intelligence and beauty there is throughout the bird world. The birds are Michele Raffin’s teachers, awakening a deep sense of commitment to caring for our collective future . . . This book is about reconnecting with the nature of birds, and the nature of ourselves.” —Jon Young, author of What the Robin Knows
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how I feel about receiving support (How we got into this in the first… how I feel about receiving support It is part of being with YWAM (it would be difficult being with YWAM and working :-) I understand how charity works. I often tell people I am an independent charity worker. I tell them that every afternoon millions of kids walk out of class, and the teachers never ask them to pay for the education they just gave them..why, because we don't think kids should have to pay for education. We do believe kids should be educated though, therefore we are happy to pay our taxes. I see this as similar to how we operate. Society > Teacher > Kids Supporters > YWAMers > People We, like teachers, believe that our work is valuable, but do not believe that we should charge the people that receive the benefits of our work for our service. We, like teachers, must eat, and therefore we rely on people that believe in the value of our work (people like you) How we got into this in the first place. My time in University in New York, and Lisanne's first couple of courses in YWAM. (PCYM and DTS) were funded by a mix of our savings through working (I used to work 5 x 11.5 hour shifts in a steel factory (week on days, a week on nights), lisanne worked in a pretty rough pub, and some help from our family. After we got married, we were not sure what our lives would look like. We bought a big old American motorhome and moved to France (Biarritz) a few weeks after we got married, with plans to find regular work. That didn't work out, and we were head hunted to manage a kids sports holiday centre in Africa ...less than a year after being married we were living in Uganda. We needed to fundraise for the year we spent in Africa. It was not so difficult as the cost of living was so low, I think we only needed to raise about £120 a month (our flights there and back probably cost almost as much) after our time in Africa however we really believed we should join YWAM and base ourselves somewhere in the middle of Western Europe....I did my DTS in southern Germany and then we moved to YWAM Wiler in 2001. After some work with kings kids and a couple of YWAM courses, we took over Rollerrama and spent 5 years running the Eternal Sports House - action sports community centre in Thun. I set up an independent Swiss Charity to run the project. In order for LIsanne and I to work full time on this project we continued receiving support, while running the hall as a charitable business (good rent deal from the local government) with help from volunteers. During our time in Switzerland Ryan and Ethan were born and now we were raising support for 4 mouths. When we finished the project in Thun (the hall was demolished to make space for a new apartment building, we prayed long and hard about our future. Lisanne was pregnant with Isaac. We knew that our next move might be our last for a very long time as our kids were going to be starting school. We believe God spoke to us about Italy and could see how it would suit our life and minsitry. We spent a year back in the UK reconnecting with friends and family and helping out with our nephew who was having a really difficult time. We then moved to Italy. During this transition we lost about 80% of our support. All our Swiss supporters (from the Thun days) stopped supporting us (understandable, as they were investing indirectly in Swiss youth, and that was no longer going to be the case).We also lost the support of 3 biggest British couples (combined they gave about 50% of our support at the time (One couple retired, one couple got divorced and one couple moved location - these three changes in their life circumstance meant that, although they still believed in our work, they could no longer support us). Moving to Italy with very little support, was a big step of faith at the time. Soon after moving I received an unexpected inheritance, that covered our first year, then my work for Ivan with his house in Croatia covered the 2nd year, then the director/founder of the American online academy we worked with, covered the next years. When his support started to dry up due to the collapsing of academy (his business) I reached out to the Bern community. We were blown away by the generosity and love shown by you and others in the community and to this day about 2/3rds of our support comes through the community. It has been quite a journey...but one we have endured/enjoyed (It has been hugely challenging, but also hugely humbling, faith bundling and a beautiful blessing. We work for some of our time and we do missions for another part (mission defined like in the paragraph above (work not paid by those that receive the benefits 2 options here work for a while and save up, then mission for a while. seasonal mission work, a few months working, a few months mission for example. another option would be to do mission in our evenings/weekends these are both very valid ways to serve. We however feel called to give all of our time to missions, and therefore not an option. Another option, is business as mission I naturally believe that every believer is called to make God know through their life wherever they are. I have considered this on a number of occasions - I thought about applying for a job with Red Bull for a while. (funny now because OYWO was created partly to combat crap energy drink's dominance of action sports), I have also considered more lately, having set up the MaxMoves business (making parkour parks etc) Another option would be to find some kind of work here in Francavilla (using sport, or youth work, or architecture, or English teaching...) and be an influencer in that way. However each time I lean in that direction I feel God reaffirming our YWAM way. This life suits us We enjoy the benefits We live a fun adventurous life, with lots of variety, travel, hosting and we meet loads of interesting We have lots of flexibility. This particularly suits my pioneering, research based, problem solving, creative way of working. We have learnt to deal with the challenges We have become content with a little or a lot. We regularly have no money in my bank account. We regularly have to ask friends to help me out. We regularly have to live very simply this keeps us pretty humble :-) MintWood - buy land and build an off grid house Potential save of about 10,000 euros a year on rent and utility bills by owning (rent save), solar panels/rainwater harvesting/compost toilets (utility savings), veg garden/hen house/beehive (food savings). We could potentially earn an additional 10,000 Euros a year through renting out the 3 eco pods we plan to build on the site. This could be a game changer. It could make living in Italy possible without supporters because we could potentially reduce our expenditure by about 50% and then cover that with income from renting out the 3 eco pods we hope to build on the land. This could also play a valuable role in our later life as we have no savings or pension (one of the sacrifices of our mission's life as we have never had surplus support) Over the years we have invested lots of the money that we receive from supporters into our action sports projects (vehicles, parkour parks, travel). Two of the initiatives I have been a part of kickstarting the past couple of years have the potential to invest in such projects and we would therefore use our own money for such things. MaxMoves. 10% of all income from panel sales will go to action sports projects. OYWO gives 90% of money raised will go to action sports For better or worse....it is what we know. We have been living as YWAMers, raising support, for 20 years. We have found a peace (through much wrestling) with this way of life. It might be so easy to change... Our golden guide: Don't be greedy, Don't be lazy. Don't be greedy... How much support should we aim at? Loren Cunningham's advice on this one: Aim to raise enough to live like a person of average wealth in your location. We receive about 2000 euros a month. That is probably a little lower than the average couple in Francavilla. It looks a little less, when we have 3 kids, (a couple more than most families). However on top of our income we also are blessed with lots of non-monetary blessings (free accommodation in Switzerland, UK, random gifts etc)...which if factored in...would make us average. Don't be lazy....We have no-one watching over us. We have no direct boss. It could be easy to...slack a bit. I consider myself and Lisanne, somehow, as leaders. In various ways we take initiative and others follow. The bible speaks a lot about servant leadership and I feel that this guides our work a lot. We want to serve people. In Romans 12 v 8, it says if your gift is to lead, do it diligently. I take this seriously. I think we work pretty hard (Most Swiss and Japanese might disagree). On top our direct ministry related work, we have 3 kids. We have also carried out about 20 years of our work in foreign non-English speaking nations (this alone adds lots of time and energy to all we do (linguistic and cultural challenges, with a limited network of people around you to support you). partners not supporters This is the best way for us to think about our financial supporters. Together with our partners we serve. We both have the same hopes and dreams, one provides the money, the other the time.
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Jedrick Wills Clyde Edwards-Helaire Alex Leatherwood Derrick Brown Joe Burrow Lloyd Cushenberry Marlon Davidson JaMarr Chase Tua Tagovailoa Sports Athlete injuries Athlete health Coaching College football Football College sports LSU SEC Alabama Auburn LSU QB Joe Burrow headlines coaches All-SEC team - Dec. 10, 2019 02:34 PM EST FILE - In this Aug. 24, 2019, file photo, Florida defensive lineman Kyree Campbell (55) and linebacker Jonathan Greenard (58) set up for a play during the second half of an NCAA college football game against Miami, in Orlando, Fla. Greenard was selected to The Associated Press All-Southeastern Conference football team, Monday, Dec. 9, 2019.(AP Photo/Phelan M. Ebenhack, File) BIRMINGHAM, Ala. (AP) — LSU quarterback Joey Burrow headlines a coaches All-Southeastern Conference team where the Tigers' offense is well represented. The first-team released Tuesday also included LSU tailback Clyde Edwards-Helaire, wide receiver JaMarr Chase and center Lloyd Cushenberry. LSU and Alabama each had six representatives on the first and second teams while Georgia had four and Florida three. Alabama offensive linemen Jedrick Wills Jr. and Alex Leatherwood are both first-teamers. Auburn defensive linemen Derrick Brown and Marlon Davidson also shared first-team honors. Coaches were not permitted to vote for their own players. The individual award winners will be announced Wednesday, with the All-Freshman team following on Thursday. Alabama's Tua Tagovailoa was the second-team quarterback. He missed the final two games with a season-ending right hip injury that required surgery. Burrow is regarded as the Heisman Trophy front-runner. More AP college football: https://apnews.com/Collegefootball and https://twitter.com/AP_Top25
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Keith Marshall AP Photo/Mark Wallheiser Georgia holds off Penn State rally for TaxSlayer Bowl victory By Kevin McGuireJan 2, 2016, 3:44 PM EST Georgia (10-3) once led Penn State (7-6) 24-3 in the TaxSlayer Bowl but a furious rally by the Nittany Lions with a backup quarterback fell just shy. Georgia’s 24-17 victory was made official when a Hail Mary attempt from Trace McSorely fell incomplete at the goal line. #PennState and #Georgia what a game on #CollegeFootballGameDay Liberty Bowl: Kansas S… ESPN https://t.co/RgeegoQyuL pic.twitter.com/hhYs7ec72b — ClippitUsers Sports (@FanSportsClips) January 2, 2016 Georgia’s defense knocked out Penn State starting quarterback Christian Hackenberg in the first half of the game. He returned on the sideline in the second half in street clothes, giving way to backup McSorely for his first serious playing time at Penn State. It was a rough adjustment once he entered the game but McSorely and Penn State eventually got in a groove and established some momentum through the air. McSorely passed for 142 yards and two touchdowns to lead the second half rally, but Georgia had done enough to grab the win. Georgia running back Sony Michel and Keith Marshall played a key role on the ground for the Bulldogs. Neither had a big performance, but Michel’s 85 yards and touchdown and Marshall’s 62 rushing yards came at key moments to move the first down markers in the fourth quarter and keep the clock running. Georgia’s Greyson Lambert completed just 10 of his 20 pass attempts for 115 yards, but they also seemed to be picked up at key moments when needed. Malcolm Mitchell hauled in 114 receiving yards and a touchdown, but it was receiver Terry Godwin who caught Penn State’s defense off guard for the touchdown play to Mitchell in the first half. Georgia’s defense did more than knock Hackenberg out of the game. The run defense was well prepared for Penn State freshman running back Saquon Barkley. Barkley was limited to 69 yards on 17 carries and the Georgia defense always seemed to have a presence in the backfield to shut down any play attempting to develop laterally. Penn State’s offense did gain some juice in the second half though, and the Nittany Lions rolled up 401 yards of offense to Georgia’s 327. Penalties proved costly for Penn State though, with six penalties totaling just 39 yards, but that included a crucial 15-yard unsportsmanlike conduct call on Austin Johnson on Georgia’s final offensive possession of the game to move the ball into Penn State territory. With the win by Georgia, the SEC improves to 7-2 in bowl games this bowl season. The SEC still has a handful of games to be played, including Alabama’s national championship appearance against Clemson. The Big Ten closes out the postseason with a 5-5 record in bowl games, including a 1-3 mark against the SEC. Georgia interim head coach Bryan McClendon earned his first career bowl victory as a result of the game as well. Penn State’s James Franklin dropped to 3-2 in bowl games in his first loss since his bowl debut in 2011 with Vanderbilt. Georgia will now turn the page as a program by ushering in the Kirby Smart era, just as soon as Smart is done with Alabama’s championship run in Tuscaloosa. Smart was on hand for the game to check out his new program. Penn State may also be turning a page depending on what happens with Hackenberg. If Hackenberg is on the move, Penn State got a glimpse of what may come in 2016 by seeing McSorely get some playing time and find himself in the offense. The two-minute drill with no timeouts left plenty of room for improvement, but McSorely was thrown into the fire for the first time for any extending playing time. If Hackenberg turns pro, McSorely will likely be the starting quarterback in 2016 for the Nittany Lions. Georgia will open the 2016 season in Atlanta against North Carolina from the ACC in the Chick-fil-A Kickoff Game. Penn State’s 2016 season kicks off against Kent State at home in Beaver Stadium before taking to the road to renew an in-state rivalry with Pittsburgh. Tags: Christian Hackenberg, Greyson Lambert, Keith Marshall, Malcolm Mitchell, Sony Michel, Trace McSorely, Greyson Lambert, James Franklin, Keith Marshall, Malcolm Mitchell, Saquon Barkley, Sony Michel, Terry Godwin Georgia suspends third-leading tackler for bowl game Charles Bertram/Lexington Herald-Leader/MCT via Getty Images By Kevin McGuireDec 22, 2015, 9:47 AM EST Georgia linebacker Tim Kimbrough will not play in the Bulldogs’ bowl game next week. Georgia has suspended the team’s third-leading tackler for the TaxSlayer Bowl for a violation of team rules. The extent of the violations were not disclosed. It remains to be seen if the junior will face any further discipline by new Georgia head coach Kirby Smart. “Right now it’s just this game,” Georgia interim head coach Bryan McClendon said after practice Monday, according to Athens Banner-Herald. “Kind of just how I told him, anything beyond this game is up for coach Smart.” Kimbrough recorded 67 tackles this season for Georgia’s defense. He also had one sack and forced a fumble this season for Georgia’s typically solid defense. Kimbrough’s absence will lead to more snaps for freshman Natrez Patrick. Patrick appeared in 10 games this season, in which he recorded 18 tackles in backup duty. He recorded a season-high four tackles against Georgia Tech in the final game of the regular season, including three solo tackles. Georgia will also be playing slightly shorthanded at running back. Backup running back Brendan Douglas will be out of action for the game against Penn State as he rehabs his wrist following surgery. The good news for Georgia is they have their top two running backs in the fold with Sony Michel and Keith Marshall ready to go. Tags: Brendan Douglas, Bryan McClendon, Keith Marshall, Kirby Smart, Natrez Patrick, Sony Michel, Tim Kimbrough, Keith Marshall, Sony Michel Georgia governor signs ‘Todd Gurley bill’ into law By Zach BarnettMay 7, 2015, 9:36 PM EDT Why have the NCAA’s asinine rules survived decade after decade and well beyond their usefulness? Perhaps because so many people outside the blue disc’s Indianapolis headquarters and compliance offices on campuses across the country are so interested in helping them. Exhibit A: Georgia Gov. Nathan Deal. On Thursday, Deal signed into law a bill making the crime of enticing athletes into breaking NCAA rules in exchange for money punishable by up to a full year in the slammer. It’s known as House Bill 3, or the Todd Gurley bill. Gurley, of course, was the fabulously talented running back who had the middle of his junior season detonated with a four-game suspension for accepting more than $3,000 for autographed memorabilia. So, should an enterprising autograph dealer secure some signed Keith Marshall helmets next year, Marshall could be on the sidelines while Johnny Autograph sits in jail. “We plugged it into a law about alumni being overzealous,” state Rep. Barry Fleming, the driving force behind the law, told the Associated Press. “Now it’s a misdemeanor of a high and aggravated nature. It can be up to a year in jail and a $5,000 fine. “On the civil side, the university can sue the person who does this for any damages sustained, like losing a TV contract, not going to bowl games.” Who, exactly, are we protecting here? Tags: Keith Marshall, Todd Gurley, UGA Georgia puts running game on spring shelf in favor of QB competition By Kevin McGuireApr 11, 2015, 5:50 PM EDT The Georgia Bulldogs gave rising star running back Nick Chubb just one carry before removing him from the game. The Bulldogs also held out Keith Marshall and Sony Michel for the game due to injuries. We all know Georgia is going to have a strong running game, so there was no real need to put anyone at risk in the spring game. That allowed for a good opportunity for the passing game to be put to the test. Georgia has no Aaron Murray to count on this season, but that does not necessarily mean the Bulldogs have a problem at quarterback. Saturday afternoon’s spring game in Athens put all three options to work. Faton Bauta had a particularly solid afternoon with good timing with his receivers but did not show off much deep down field. Brice Ramsey showed off a solid arm but lacked consistency with his accuracy. Jacob Park was the third man in, which likely means he will be a backup in the fall, but he played well when given the opportunity. So, where do things stand now? “I think it’s still a race,” Georgia head coach Mark Richt said after the game, according to Barrett Sallee of Bleacher Report via Twitter. “There’s no question it’ll go through summer and fall before we settle on one.” Not a bad way to go about it when dealing with a full-fledged quarterback situation. It is also not unexpected for Richt to see the passing game sit where it currently does. This will sort itself out over the summer leading up to the start of the 2015 season. “Has any [QB] mastered their craft yet? No, but that’s not expected.” Wide receiver Isaiah McKenzie had some good highlights, but a hamstring injury brought an early end to his afternoon. The severity of the injury does not figure to have any long-term impact for the fall, but he should sit out the final two practices Georgia has scheduled in the coming week. Tags: Aaron Murray, Brice Ramsey, Faton Bauta, Isaiah McKenzie, Jacob Park, Keith Marshall, Mark Richt, Nick Chubb, Sony Michel, UGA UGA’s Keith Marshall back in full-contact mode By John TaylorApr 8, 2015, 8:28 AM EDT Injury-riddled for most of the past two seasons, Keith Marshall has seen his spring practice participation this year curtailed due to injury. That, though, changed for the positive yesterday. During Georgia’s next-to-last practice prior to Saturday’s spring game, Marshall was a full participant for the first time in nearly two weeks. The running back had been slowed by a hamstring injury suffered late last month. “I wouldn’t say (Marshall) is 100 percent, but he did get more reps,” head coach Mark Richt said in comments distributed by the school. “He got more work than I thought he would. He did get some reps, which is good for him and good for his fellow backs. It takes a little pressure off of them.” Richt was non-committal as to whether Marshall will play in the upcoming spring game. The Bulldogs’ spring won’t end this weekend, though, as UGA has the final two of their first practice sessions next week, meaning Marshall could still get additional work even if he doesn’t play on G-Day. With preseason Heisman contender Nick Chubb back as a true sophomore, Marshall has become an afterthought. If he could stay healthy, though, he’d be a solid backup to Chubb or as the backup to the backup. Therein lies the rub, however. In 2012 as a true freshman, Marshall, a four-star Rivals.com recruit rated as the No. 2 all-purpose back in the country, ran for 759 yards and eight touchdowns in 14 games. The next two seasons, he played in a total of eight games — he was limited to five in five because of a torn ACL and just three in 2014 because of lower-leg issues. Tags: Keith Marshall, Nick Chubb, UGA Georgia holds off Penn State rally for TaxSlayer Bowl victory January 2, 2016 3:44 pm Georgia suspends third-leading tackler for bowl game December 22, 2015 9:47 am Georgia governor signs ‘Todd Gurley bill’ into law May 7, 2015 9:36 pm Georgia puts running game on spring shelf in favor of QB competition April 11, 2015 5:50 pm UGA’s Keith Marshall back in full-contact mode April 8, 2015 8:28 am Reports: UGA’s Keith Marshall won’t play vs. Florida October 31, 2014 7:37 pm Time for your weekly Todd Gurley, Georgia RBs status update October 26, 2014 8:58 pm No. 10 Georgia rides monster first half to second straight Gurley-less win October 18, 2014 7:54 pm Mark Richt ‘not anticipating’ change to Gurley’s status this week October 16, 2014 8:16 am With Todd Gurley still in limbo, Georgia hopes RB Keith Marshall can return this week October 12, 2014 6:37 pm Can Georgia’s Todd Gurley reach 2,000 rushing yards? Probably not July 17, 2014 8:31 pm All-SEC First Team led by eight from Alabama July 17, 2014 10:39 am Mark Richt on Todd Gurley: You’ve gotta give him the ball June 10, 2014 2:03 pm Mark Richt: ‘We’re not thinking redshirt at all for’ Keith Marshall May 28, 2014 7:41 pm UGA expects Keith Marshall, pair of WRs back for summer workouts April 19, 2014 8:38 am UGA’s Keith Marshall could be headed for a redshirt April 2, 2014 9:59 pm Aaron Murray: Gurley should be ‘full go’ against Florida October 22, 2013 11:51 pm Todd Gurley out for third straight game October 19, 2013 12:21 pm Richt: Todd Gurley ‘real close’ to returning October 13, 2013 9:21 pm Todd Gurley, Tray Matthews out for UGA vs. Mizzou October 12, 2013 10:26 am
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Agent Snapshot Developing Chicago Real Influencers Real Estrange AgentEDU Improving Your Business Coldwell Banker CEO to managing brokers: We must evolve or die by Meg White Soon-to-be Coldwell Banker CEO Ryan Gorman addresses attendees at the company's 2019 Leadership Summit. In what will likely prove to be his last address to a large group of real estate professionals associated with the company he runs, Coldwell Banker CEO Charlie Young directly addressed challengers such as Keller Williams, Compass and eXp. The speech was part of the general session at the company’s annual Leadership Summit, held this year at the Marriott Marquis near Chicago’s McCormick Place convention center. Perhaps it was because he was among his own or perhaps it was because he’s on his way to “new adventures,” but Young pulled no punches when it came to what he sees at Coldwell Banker’s rivals. “[Keller Williams] wants to be a tech company. Compass is talking about being a tech company as well, but they don’t have any technology products,” he said, possibly referring to the fact that the brokerage acquired CRM provider Contactually, rather than building an in-house product. Referencing Coldwell Banker’s use of machine learning and big data in their CBx program, he said, “all that stuff that is talked about by others that they’re building, we’re using it today.” Unifying the structure of an established brand Just last week, Coldwell Banker announced a plan to integrate the Coldwell Banker affiliate and company-owned brokerages. As a part of that shift, Young will be stepping down from his position at the beginning of next year, with Ryan Gorman taking over. As the CEO of NRT — the subsidiary that manages Realogy’s company-owned brokerages, including Coldwell Banker company-owned brokerages — Gorman admitted that he has a great deal to learn about the franchise side of the company. “I need to understand a lot more about what’s been going on in the affiliate side,” he told attendees of the conference. A sign directing attendees to the general session utilizes the new Project North Star branding. Young framed the shift as part of a larger effort to combat industry disruptors and “one of the most important things that Coldwell Banker has done in a long time.” “It is literally a merger of the organizations — and it is an equal merger,” he said. “Why merge the two sides of the business now? … We do have a new competitive reality.” Gorman underscored Young’s point about how the reorganization will help the brand compete by leveraging its numbers to get better deals on technology. He said that with the company-owned businesses on a different page than the franchises, there was disorganization. “We were a mess, candidly … We’d bought 500 companies, and it feels like we’d bought 500 companies,” he said, to laughter from the audience. “We talked about the owned brokerage businesses being a test kitchen, and that was the idea,” Gorman said, noting that as recently as just a year or two ago, the company had a whopping 133 agent-facing marketing tools, of which they’ve since eliminated 116. “Suddenly we can be a test kitchen… because we got our act together.” He was also candid about the difficulty of getting a unified communications plan together among the many parts of the organization. “If you’re a Coldwell Banker veteran, you’ve pulled your hair out when you see two different messages going out in the marketplace,” Gorman said. Attracting agents in a VC-fueled market As distinct from the company’s GenBlue event, the leadership summit targets managing brokers, vice presidents and office managers, and Young’s call to the more than 600 attendees was clear: “Your job is to activate your agents get them to go all in on brand,” he said. “The more they participate, the more productive they will be.” But arguably, much of the onus of attracting new agents to a global brand lies with the C-suite. One clear strategy to differentiate the brand includes doubling down on market share in the luxury market. Young credited the Coldwell Banker Global Luxury platform for helping to “drive our 16 percent price premium” over the average sales volume as recorded by the National Association of Realtors. The program was one of the many he identified as key products that competitors envy. “The are gunning for us, to try to knock us off of every one of them.” Referencing the fact that other brokerage models can rely on venture capital to draw top-producing agents, Gorman made the connection even more bluntly: “We have a lot of the top, top, top luxury agents that Compass is going after with, frankly, $3, $4, $5 million checks,” he said. Still, while their recruiting methods vary, Gorman did also admit the company sometimes subsidizes listing marketing to the tune of “four figures per listing,” as part of its value proposition for retaining and recruiting top performers. Efforts to transform the company are paying off, according to Gorman. One measure of that: He said the company had added some 1,200 new agents just in the past three months. The general session also focused on the new Project North Star rebranding effort and other initiatives that the company’s leadership said will help brokerages, managers and agents combat disruptors. “They’re impacting your business,” Young told attendees. “You’ve got to keep moving. You’ve got to keep evolving. And if you don’t, you’re going to die.” Posted In: National News Tags: Charlie Young, Coldwell Banker, compass, realogy, restructuring, Ryan Gorman U.S. homebuilding surges to 13-year high How housing shortages impact job growth in Chicago Working with investors? Here’s the number crunch in Chicago Commenting is not available unless JavaScript is enabled. Meet the Who’s Who all-stars of 2019 Making Moves Another team transitions to Fulton Grace, Wintrust gains mortgage vet and more Baird & Warner expands Gold Coast team, diversity initiative returns to Chicago and more RE/MAX Legends grand opening – 12.12.19 Chicago suburb named 2nd best city to live in Copyright © 2019 Chicago Agent magazine. An Agent Publishing Company. All rights reserved. Reproduction in whole or in part without permission is prohibited. New Subscribe
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Erdogan most popular leader in the Middle Eastern mind? Kate Turlington December 13, 2017 in Geopolitics Kate Turlington + 44 Those of us who watch geopolitics might be surprised to hear that a new Pew Research Center poll shows that Turkish leader Erdogan is the most popular leader in the Middle East--meaning, he's viewed most favorably in the Middle East. Egomaniacal to the bone, Erdogan is certainly loving this. Friends on the ground in Turkey (and quite possibly half the Turkish population itself) will definitely take issue with this, but tyranny, it would seem, is paying off. On the surface, it may not seem to mean anything for energy, but pretty much everything on this geopolitical level means something for energy. Erdogan wants to be the ruler of a major energy hub between the MIddle East and ... well, the rest of the world. Seleskya + 50 Not surprised. The Pew poll of course wasn't for Turkey, as I understand. But looks like he's pretty popular in Lebanon and Tunisia particularly. It's by default. Trump's Jerusalem gaffe helps because Erdogan then gets to come out, alongside Russia, with popularity-winning criticism. Lebanon's an eternal mess, as is Tunisia. From this perspective, Erdogan looks great. Carlsbad + 19 Haven't you heard? Erdogan has already declared Turkey the hub of hubs with the near-completion of the TANAP pipeline. Construction is (according to state-run mouthpieces) to be 94% completed by the end of this year. Great for PR, but TANAP alone isn't going to make Erdogan's dreams come true. Ask the Turks about Iraqi Kurdistan ... they just lost Kirkuk oil, which they were pursuing so aggressively. The Kurds were feeding them oil directly and bypassing Baghdad. Erdogan bowed under pressure and in the end came out against the Kurdish referendum. But this chips away at the hub dream ... So the Turks are cut out of Kirkuk / Iraqi Kurd oil now? Not cut out entirely, as far as I know, but they're getting significantly less, and nothing from Kirkuk, the biggest fields. That'll all go to Iran for the near future. Baghdad is suing the Turks, and this is multi-billion-dollar case going down in Paris because the Turks cut deals directly with the Kurds. They might have won some reprieve in this suit by denouncing the independence referendum. I hear Erdogan's having trouble from other areas too -- as the hub reality fades. They were hoping to bring Eastern Mediterranean gas through Turkey to Europe, but Greece is also eyeing 'hub' status. I heard it's collaborating with Greek Cyprus and Egypt to bypass Turkey with an underground pipeline to Greece and then directly into the rest of Europe. so basically,, the PR is that Turkey is the world's biggest energy hub, and the reality is that ... it's not Adam Varga + 104 Yes Turkey got the title "The world's largest energy hub" even 8 years ago and it was given by domestic newspaper. Turkey allegedly gained this title thanks to a rash of at that time international agreements. JohnAtronis + 77 17 hours ago, Kate Turlington said: I think that the catch is that he is only one there strong enough to counter US. Majority of other ME leaders are long departed Erdogan is a personification of the dictator and he has done everything to clear all the traces of the reformer Kemal Pasa Ataturk in Turkey I agree. Today Turkey is far away from the secular country and closer to the classical religious country custom made by Erdogan. Totalitarianism Selva + 111 Erdogan's closest and probably favorite partner today is Putin. This fact shows where Erdogan sees himself and Turkey. Classic regime. Turkey spreads influence on the Balkans. With Russia, it is probably the most influential country in that part of Europe. That is something what should surely concern US because Putin- Erdogan lever won't be stopped by itself... In Turkey, same as in Russia, the opposition almost doesn't exist. As I already said, regime. 4 hours ago, Adam Varga said: Friends in Bosnia tell me there it's pretty much the beginnings of the second Ottoman Empire, but this time with "soft power" (schools, medical services, lots of business that no one can refuse). Turkey imposes itself as leader of the Muslim world. As a strong response to the capture of Jerusalem, the capital of Israel, Erdogan's call on Jerusalem for the capital of Palestine has come .... It's so interesting to me, the nutty leaders are always the dynamic ones that despite their nutterness (or because of?), they are magnetizing. Sure strange how he supports a Palistian state but doesn’t offer the same to the Kurdish people. And, what about this: 'We have key suspects. We can kill and torture these suspects and their relatives (Gulenists) during the investigations and prosecutions!' - statement of pro Erdogan journalist Cem Kucuk Before destroying the remnants of democracy in Turkey, Erdogan purged judges, fired prosecutors who were investigating him, called to arrest his opponents, and demonized the press—going after their wallets or singling out critical media outlets. Sound familiar? democracy and freedom of speach This is the 10 worst jailers of journalists in 2017: Eritrea 15 Azerbaijan 10 So then my visit to Turkey is cancelled. Great. The fight of Erdogan's regime with the people what they calls Gulenists, (belonging to the Fethullah Gulen movement) will never stop. There where they can and where they have a strong influence, eg Kosovo, they seek extradition of people (the last example is a teacher who lives and works in Kosovo) for whom they think they are working against Turkey .... The same goes for other countries. Rod, If you do not prefer Gulen or Kurd's AKP, maybe you can visit Turkey ...Otherwise
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Category Archives: Interview America’s Rush Back to Nuclear Weapons” (Foreign Policy in Focus) Leave a comment Posted by Emanuel Pastreich on September 6, 2019 Interview with Lawrence Wilkerson “America’s Rush Back to Nuclear Weapons” Emanuel Pastreich Interview with Lawrence Wilkerson, former chief of staff to Secretary of State Colin Powell and current Distinguished Adjunct Professor of Government and Public Policy in the Government Department of the College of William and Mary. Emanuel Pastreich: What is the current status of the Intermediate-Range Nuclear Forces (INF) Treaty on nuclear weapons? Lawrence Wilkerson: As you know, the United States pulled out of the INF medium-range nuclear weapons treaty with Russia in August and it plans a substantial buildup of these destabilizing weapons, above all in East Asia. This move is dangerous. The INF Treaty was far from perfect, but it had a broad appeal, including an appeal to many in the military, because it simply made sense. That treaty between the United States and Russia encompassed all missiles, nuclear or conventional, ballistic or cruise, that had a range of between 500 and 5,500 kilometers. When the INF Treaty was signed in 1987, it helped to slow down a dangerous arms race. For the first time since the Cold War started, an entire class of nuclear weapons was eliminated. Pastreich: Why do you think the United States withdrew? Wilkerson: We no longer live in a rational world in which policy makers take a scientific approach to risk. Rather, policy making is dominated by irrational figures like John Bolton, the president’s national security advisor, a man who hates arms control with a passion, who spends his days trying to find ways to undo the few restrictions that remain, and who would plunge the world into a completely new nuclear arms race. This time, however, the competition won’t be bilateral, just between the United States and the USSR. This time the race will be global, and we will see a nightmare world of instability, with a renewed risk of a nuclear holocaust as a result. Pastreich: What’s the background behind this drastic shift in American policy? Wilkerson: Right now there are a huge number of intermediate range missiles stationed in Fujian Province, and elsewhere in southern China, which are aimed at Taiwan. We’re talking about a missile for just about every square meter of every viable target in Taiwan. China was never a signatory to the INF Treaty because at the time its missile capacity was minimal and its nuclear weapons policy, which was set by Mao Zedong, was one of sufficiency to deter. If there was a valid reason for the United States to withdraw from the current INF Treaty, it was this change in China’s missile arsenal. China is most likely contemplating a new doctrine with regard to the use of nuclear weapons. That change has little to do with Russia and everything to do with the pressing need for a new nuclear weapons arms control regime. Pastreich: You mean that China’s actions were a reason for the United States to withdraw? Wilkerson: In part, the changes in China were a factor. And Russia has been “cheating” with respect to the INF Treaty. Even more dangerous is Russia’s publication of a military doctrine calling for blunting NATO’s advantage in PGMs [precision guided munitions] by using short-range nuclear strikes. Russia has been building a missile inventory necessary to accomplish this doctrine. There are of course other aspects of the problem. We find a mutual abuse of the INF Treaty, such as the United States putting ABM defenses and troops in former Warsaw Pact countries, thus moving the borders of NATO so that they are smack up against Russia’s “near abroad.” And now the United States refuses to talk about almost anything with Russia. We see the proliferation of medium-range missiles among non-signatory countries (China, DPRK, Iran, Saudi Arabia, etc.) and also violations of the INF Treaty by both the original treaty signatories, who also happen to be the owners of the vast preponderance of nuclear weapons. Pastreich: What do you think that should the United States have done then? Wilkerson: Sadly, the United States kept complaining about what was imperfect about the treaty, but it made no effort to create something better, to fashion and gain support for an entirely new and more comprehensive nuclear arms control regime. Instead, what the United States is accomplishing is the launch of a far more virulent arms race, one that could lead, some would argue inevitably, to the use of nuclear weapons in war. It would have made better sense to maintain the treaty, or to declare it obsolete, in a bipartisan manner, and, in either case, to open negotiations to expand the treaty so as to include all nations that possess extensive stockpiles of intermediate range missiles—particularly those that also possessing nuclear weapon capability. From the point of view of smart arms control, of our children’s future, and of the security of the United States and of the world, such an expanded and modernized, treaty would make perfect sense. But Trump’s national security advisor, John Bolton, doesn’t do arms control. Moreover, Trump himself seems to disdain multilateral arrangements, sensible negotiations, and the type of astute diplomacy required to accomplish either. He seems to more-or-less follow Bolton and his desire for “a little nuclear war.” While campaigning, Trump even suggested he believed the world would be better off if there were more, not fewer, nuclear weapons, and states that possessed them. Pastreich: What can be done now to correct this mistake? Wilkerson: I think you mean, given these clear realities what can be done to modify the behavior of an administration that has been opposed to arms control from the very start and that has done more and will do more to damage arms control efforts than any previous administration? How will we convince John Bolton and Mike Pompeo, who made their careers by opposing rational arms control treaties, that they don’t need to abandon treaties but should rather expand them, multi-lateralize them, and seek new ones that do even more than the old ones did? If we are talking about these individuals alone, the task is hopeless. They are beyond redemption. But democratic politics is not simply about individuals, whether it be presidents, national security advisors, or otherwise. There are cases in American history where extremist politicians have been brought into line by a shift in the mood and in the culture and by a weigh-in by the demos in accordance with such shifts. What we need is to create again in Washington DC a nuclear arms control environment, a culture in which responsibility and strict regulation of nuclear weapons—and other weapons, as in the Conventional Forces in Europe Treaty—is accepted as a necessity. We need to ensure that such a development is a natural occurrence, that it is something that is not disdained, but rather anticipated. At the end of the day, we need to negotiate a series of treaties that form a global overlapping system that includes all classes of nuclear weapons. We need to bring into this process pariah states like Israel and North Korea. Achieving that goal requires us to be tough at times. We must be ready to take a strong stand to insist that all nuclear weapon states must join the regime that will be established. Pastreich: What is the thinking about nonproliferation and disarmament in the U.S. military? Wilkerson: The military makes the challenge even greater because there are large factions in the military who are hankering for a new nuclear arms race. Those generals and admirals want more money, and they want to build more missiles. Doing so will allow them to get their hands on some of the trillion-plus dollars allotted for new nuclear weapons by former President Obama. Those officers want all sorts of nuclear and non-nuclear missiles, but the diversity in their demands does not mean that they are strategically imaginative. They are not. All they want is more, more, and a little more. But we should also remember that there are some clear thinkers and some brave people devoted to the common good mixed in with them. They see the handwriting on the wall and they wish to avert nuclear war. President Trump is highly susceptible to the military’s siren call. The president has painted himself into multiple corners, and he seems to feel that he desperately needs the military to be president of the United States. Since he now faces opposition at almost every level of government and increasingly within the country, loyalty has become his first priority. He perceives the military to be overwhelmingly loyal to him and he wants to reward them. This relationship between Trump and the military is dangerous because Trump is so ignorant about diplomacy and security, and at the same time he is increasingly desperate in his search for support. He does not care about global warming or nuclear war, but he is obsessed with his political standing. He desires above all to have people who will gather around him and listen to him speak. He is ultimately concerned with holding on to power. Moreover, nuclear missiles, in particular, offer big juicy contracts that are not subject to much external review, and they empower the president—who is the one who can decide on his own whether or not to use them. So these weapons also feed Trump’s ego. But anyone with any understanding of nuclear weapons knows how close we have come to nuclear war in the past—even with treaties in place. Sadly, most educated citizens have no idea how different a world we will be living in once the nuclear weapon genie escapes from its bottle, especially as there is a whole new group of nations like Germany, Turkey, Iran, Japan, South Korea, Australia, Brazil, Indonesia, and so on, that have either in the past shown a desire for nuclear weapons or who could join in a future nuclear arms race. Pastreich: The decision to withdraw from the INF treaty, and other agreements like the ABM Treaty, while simultaneously increasing the number of short-range nuclear missiles, seems as if it was made in meetings among Bolton, Pompeo and Trump, with some input from the military. There were few, if any, congressional committees who debated the new policies, or summoned experts on nonproliferation for testimony. Wilkerson: This unhealthy policy-making process seems to be intrinsic to the Trump administration. But the shift has been taking place for some time. The cause is not necessarily Trump. H.L. Mencken wrote back in 1920 that one day, “…the White House will be adorned by a downright moron.” Although that prediction was uncanny, it was not a matter of chance. The current crescendo of incompetence is the product of a long-term structural and statutory shift that has encouraged a dysfunctional decision-making process. We can see Trump’s arbitrary use of power as the logical conclusion of the centralization of national security decision-making in the White House that dates back to the 1947 National Security Act. This concentration of power in the White House, and the decline of the power of the president’s cabinet, as well as of the powerful congressional committees run by highly educated and focused political leaders like Jacob Javits or James Fulbright, have profoundly altered the process by which policy is formulated and decisions are made. The next step came after Ronald Reagan both consolidated power in the executive and stripped other parts of the federal government of budgets and authority. He created a new policy landscape that was readily made use of by H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama, with some slight variations. So, the original balance of powers among Congress, the judiciary, and the executive described in the constitution existed only by dint of institutional inertia. That balance was ready to be torn down—and was torn down like a rotten tree—by Trump’s people. Pastreich: How does this institutional shift relate to the seemingly endless wars the United States is involved in? Wilkerson: Many members of Congress—and particularly powerful committee chairmen—are backed to the hilt by Lockheed Martin, Raytheon, Boeing, BAE, Grumman, General Dynamics, and other military contractors who are pursuing big-budget contracts with the government. This trend is true for both parties, but the Republicans practice it with greater abandonment. The coffers of these Congress members are essentially filled up by lobbyists who represent these merchants of war. Pastreich: Although it seems irrelevant to lobbyists and influence peddlers, the constitution is supposed to be the manual that determines how the Federal government is run. Wilkerson: The three branches of government are co-equal, but the legislative branch was clearly meant to be primus inter pares, and James Madison was quite adamant on that point. The executive has become the overwhelmingly dominant branch. And now you have a specially selected Supreme Court and a court system that basically approves all of the executive branch’s actions, domestic and foreign. The Congress, especially the Republican-dominated Senate, is incapable of overriding the president. At this very moment, the Republicans in the Senate and the White House are conspiring to keep the House of Representatives from reclaiming the war powers that the constitution grants to Congress. That battle is but the small end of the sword, if you will. The big end is that if we do go to war with Iran, for example, it will be without any congressional input, whatsoever. The latest disaster for the United States will be perpetrated by the executive branch alone, without any accountability. That is the degree to which the decision-making process with regard to war has been usurped by the president. Of course, saying that decision-making is centralized in the White House is not the entire story. That White House we see today was created by, and takes its marching orders from, a predatory and transnational capitalist state where defense contractors, investment bankers, and hedge fund billionaires call the shots. Then there is big oil, big food, and big energy. Needless to say, having the decision-making so centralized makes it much easier for the big money from these groups to have impact than would be the case if decision-making were spread across the cabinet or across the government. Also, there is no moment in the process when anyone asks what the national interest is, what the long-term implications are. Pastreich: Let’s come back to China for a moment. What are the risks for America here? Wilkerson: First, let’s consider what the role of the United States should be—and, not just about juicy military budgets resulting from the China threat. These days the United States is just a disruptor in Asia, and an unintelligent disruptor at that. We swing from cooing “I love you, Kim Jong Un” to imposing vicious tariffs on Chinese goods to creating a major embarrassment for Japanese Prime Minister Abe when he tried to help out with Iran. And most of us were shocked to see Trump mocking how Japanese speak and how Koreans speak. That was the president of the United States! He was not speaking to Prime Minister Abe or to President Moon, but to a racist audience at home and for strictly domestic political purposes. But to a certain degree the future role of the United States in East Asia will be determined by power dynamics in the region as much as by U.S. policy. Some Americans might want to stay, to be a hegemon in Northeast Asia forever. But that is not a sustainable policy. There is a desperate need for the United States to find a middle ground, a course that preserves some essential American influence within a cooperative framework. The competition with China, and other powers, is going to be substantial at all levels, and simply painting China as a bogeyman is not going to do the trick. First, we need to go back to good old-fashioned diplomacy. That is more important than any fighter plane or missile. No state is going to fare well in a hot war, or even in a new cold war. We need to use our creativity to shape a culture that supports arms treaties, disarmament, and peace in general—peaceful competition, if you will. And we must build an off-ramp that allows America to dismount the imperial train and steer away from global hegemony and towards global cooperation. Oddly enough, I think Trump is – very inexpertly, imperfectly, and probably unknowingly – digging out the foundations for such a new collaborative order through his destructive fits. He calls into question the value of NATO, and the so-called deep state is immediately up in arms. So, although Trump may be doing many destructive things, he is also drawing attention to the anachronism that NATO has become post-Cold War. The alliance no longer has any purpose except to seek out trouble “out of area” to justify itself. We need to have the courage to discuss how we will bring back U.S. troops from the Korean Peninsula, and under what circumstances. We cannot consider that discussion a taboo topic. We also need to use our imagination, and our commitment, to create a regional order that assures the continued security of the Korean Peninsula without that U.S. troop presence. Let’s be honest with ourselves. If the United States wants to maintain its influence in East Asia, its needs plans to bring its troops back from other parts of East Asia, including Japan and particularly Okinawa. We will be much better off if we take the initiative than if we are pushed out by some disaster or another. And in terms of policy change, I am not just talking about security issues. The United States today is flat-out bankrupt, with a $22 trillion debt. Annual interest payments on that debt added to the annual military budget will zero-out all other discretionary federal spending in less than a decade. We just did something unprecedented: we printed billions of dollars under the Quantitative Easing program with absolutely nothing behind those dollars except the paper and ink on which they were printed. We have no earthly idea what such profligacy will produce in the future. We have new security challenges like a changing climate and we had better start saving money, and learning to respond to new security challenges, in a manner that does not require such an expensive military instrument. Pastreich: How can the United States fashion a different strategy for engaging with the world? Wilkerson: Ambassador Richard Haass threw out the concept of “integration” back in 2001 in his discussions with his Policy Planning staff. He thought that “integration” was the best one-word substitution for “containment.” For Haass, integration was a concept that offered an alternative to globalization and its demand for unending expansion and extraction. Haass did not like the concept of globalization, and I think he was right. Globalization has happened before, in the 1890s, for example. But globalization brings contradictions and tensions that are dangerous. What is going on today goes beyond globalization. What we see happening today is integration: integration of trade, integration of society, integration of culture. That integration is at times mean, disruptive, hateful, and dangerous, but it’s happening. Trade is where we observe the most profound integration. For example, the United States cannot make a sophisticated piece of military equipment any longer without employing foreign components. But Trump is heading in the opposite direction. He wants to take apart trade agreements and institutions, to disintegrate, not to integrate, trade. And he thinks that somehow the destruction of global institutions will save “white America.” Articles, Interview 「エ マ ニ ュ エ ル ・ パ ス ト リ ッ チ さ ん 民 間 シ ン ク タ ン ク 所 長 米 国 と 東 ア ジ ア を つ な げ る 」Daily NNA (共同通信グループ) Leave a comment Posted by Emanuel Pastreich on July 22, 2019 Daily NNA (共同通信グループ) アジアで会う 2019年 7月 22日 エ マ ニ ュ エ ル ・ パ ス ト リ ッ チ さ ん 民 間 シ ン ク タ ン ク 所 長 米 国 と 東 ア ジ ア を つ な げ る 第 2 6 1 回 えまにゅえる・ぱすとりっち 1964 年米国テネシー 州生まれ。民間シンクタンク、アジアインスティテュ ート所長。東京大学で修士号、ハーバード大学で博士 号をそれぞれ取得。専門は東アジアの古典文学など。 韓国在住 12 年。著書に「韓国人だけが知らない別の大 韓民国:ハーバード大学の博士が見た韓国の可能性)」 (21 世紀ブックス)などがある。このほど、初の日本語 書籍となる 「武器よさらば:地球温暖化の危機と憲法 九条」(東方出版社)を上梓した。 日本語と韓国語、中国語に堪能なパストリッチさん。南部ナ ッシュビルで生まれ、中部ミズーリ州セントルイスで幼少を過 ごした。中学卒業後、サンフランシスコにある高校に通った。 そこでのアジア系学生との出会いがパストリッチさんの人生を 方向付けた。 中国文学を専攻したイエール時代 83年に入学したイエール大学では中国文学を専攻。明・清時 代に書かれた「水滸伝」「三国志演義」などの白話小説の勉強 に打ち込んだ。 日本語は4年生になって本格的に学習始めたという。「アジ アの2言語をマスターすれば、将来活躍できる場が一層広がる と思った」と同時を振り返る。ところが「本業」の中国語より も相性が良かったのか、卒業後、日本留学を決意。東京大学の 修士課程に進み、江戸時代後期の南画家として知られる田能村 竹田などが書いた漢詩や漢文を研究した。 修士取得後は東大博士課程に進むも、「母国で活躍したい」 と米ハーバード大学の博士課程に方向転換。98年に博士号取得。 イリノイ大学で日本文学の助教授として教鞭を執り始めた。 韓国大使館で働く パストリッチさんは05年、ジョージワシントン大学で教授の 職を得る。大学で教鞭を執る傍ら、近くにある在米韓国大使館 で韓国の外交官や学者、記者を相手に米国政治に関してブリー フィングする仕事も始めた。当時、韓国は盧武鉉(ノ・ムヒョン)政権で、ブッシュ政権との関係は決して良好とは言えない 状況だった。ワシントンにはアジアの専門家と呼べる人材が少 ない。ハーバード時代に1年間、ソウル大学に留学した経験が 買われた。 韓国大使館では、政治経済や社会などを学ぶゼミ「Koru s House」も月2~3回のペースで主催した。大学での 仕事よりも魅力を感じたのか、パストリッチさんは、水を得た 魚のように活動した。しかし、活動場所は韓国大使館内だった ため、次第に限界を感じるようになる。 そこでパストリッチさんの人生に転機が訪れる。知人を通じ て出会った李完九(イ・ワング)忠清南道知事(当時)から補 佐官として招請を受けたのだ。パストリッチさんは悩んだ末、 「大使館での仕事より面白そう」と韓国行きを決意。ジョージ タウン大学を辞し、07年から南部大田市で生活を始めた。 アジアインスティテュート設立 大田市は韓国を代表する科学技術都市。パストリッチさんは、 名門韓国科学技術院(KAIST)などさまざまな研究機関で 行われる共同研究といった各種プロジェクトに参加。筑波大学 の研究機関にも訪問したという。環境問題に目覚めたのもその 頃だ。知事を補佐する傍ら、「Korus House」を発 展させる形で、民間シンクタンク、アジアインスティテュート を設立。自ら所長に就任した。自由な発言の空間を得たパスト リッチさんはこれまで、米政治学者フランシス・フクヤマ氏や ジョセフ・ナイ氏など世界の碩学たちと対話を重ねてきた。 2011年からソウル市に活動の拠点を移し、慶熙大学で教鞭を執 り始める。執筆活動にも力が入った。これまで韓国語で5冊の 本を上梓。うち3冊がベストセラー。中でも、「韓国人だけが 知らない別の大韓民国」は朴槿恵(パク・クネ)元大統領が高 く評価し、講演やテレビ出演も多くこなした。 今年7月には、待望の日本語書籍「武器よさらば:地球温暖 化の危機と憲法九条」を上梓した。 ニュースサイト「ハフィン トンポスト」に寄稿した文章などをまとめた上で加筆したもの で、これまでの執筆活動の集大成という位置付けだ。パストリ ッチさんは本の中で、今後の日本の安全保障について「環境問 題の解決なしにあり得ない」と指摘。大田市時代に日本の科学 技術力を知った経験を基に、「日本は『新安全保障』でイニシ アチブを取る能力と資格が十分にある」と訴える。 東アジアと米国をつなげる パストリッチさんは来月、12年間の韓国生活を整理し、母国 に戻る予定だ。拠点は政治の中心ワシントン。「韓国と米国だ けでなく、東アジア全体と米国をつなげる役割を果たしたかっ た」と話す。その基盤となるのがアジアインスティテュートだ。 ワシントンとソウルの他に、日本にも法人を設立。ベトナム・ ハノイにはオフィスを開設した。 「米国では海外生活を通じて大きく成長した姿を見せたい」 と話すパストリッチさん。活動の舞台は整った。アジアインス ティテュートを世界的なシンクタンクとして育成すべく、一歩 を大きく踏み出そうとしている。 (韓国版編集部・坂部哲生) Emanuel on Xi’s speech at CPC Leave a comment Posted by Emanuel Pastreich on October 18, 2017 Interview with Emanuel Pastreich Director of the Asia Institute CGNT (China Global Network Television) On the 19th Communist Party Congress and President Xi Jinping’s Speech Mang Mang: “Of course, Xi Jinping elaborated on Chinese foreign policy towards Asian neighbors. Which issues stood out most to you and do you have any fresh insights?” Emanuel Pastreich: “I can tell you what was most striking. President Xi did not criticize any other nations. He did not speak about wars, or even competition. He gave hope and an opportunity for cooperation. He suggested a new vision for the world, for Asia, starting from the One Belt; One Belt Initiative. His proposal was that the ultimate focus was on each nation’s potential He said that China offered potential models in its past and in its present, but that each country had its unique qualities that also should be respected. And I was most impressed when he said, “the political advancement of mankind,” which suggested an idealism that in many countries has been lost over the last few decades and it is very, very far from “America first.” Finally I was impressed by his emphasis on science and on scientific inquiry, on addressing poverty and addressing climate change, and on global collaboration which was the original purpose of the World Bank and the United Nations, but we have sometimes lost our way. Host Mang Mang: “So in order to enhance collaboration there needs to be a decent level of integration. What more can you tell us about Chinese efforts to facilitate greater regional integration in Asia? “Well, of course, China is active all over the place, and increasingly playing a vital role. But we have to see this in context. As an American, myself, originally, the Trump administration’s decision to withdraw from UNESCO, to reduce its participation in the United Nations, in diplomacy and in global governance, in poverty reduction, makes China now the major donor. We are going to see major shifts around the world. And it is inspiring to me, of course I am not a fortune teller and I do not know how things will play out, but this potential for a cooperative world not based on the threat of force or economic domination, in which the needs of poor people and developing countries are properly addressed, that this offers a real potential to us that can be inspiring and I think many people were hoping that he would make some statement like this to give us some sense that there is some potential in what is a very critical and critical and dangerous moment in human history. Interview, Uncategorized Interview with 938 Live on Korean Election Interview with Chew Wui Lynn of 938LIVE, Mediacorp Radio in Singapore about the Korean elections today. Can the next Korean president address the issues? “The Greatest asset of Korea is our people” Speaker Chung Sye-kyun (January 3, 2017 Huffington Post) Leave a comment Posted by Emanuel Pastreich on January 4, 2017 “ ‘The Greatest asset of Korea is our people’ Speaker Chung Sye-kyun on Impeachment and Korea’s future” Chung Sye-kyun became speaker of the National Assembly when his Democratic Party of Korea swept to victory in the June elections last year. The conservative Saenuri Party had taken a tremendous fall because of the fading appeal of its neo-liberal policies. A senior figure in Korean politics with a balanced personality, Chung is not quick to make emotional judgments, but rather focused on creating harmonious relations within the political sphere. He has a passion for institution building. He has emerged as a central political figure in Korea during the impeachment proceedings of President Park Geun-hye. I had a chance to talk to him briefly about Korea’s current political crisis and his perspective on the challenges, and possibilities, that lie ahead. As a man in the eye of the storm, he is perhaps best positioned to give an accurate assessment. Interview, Today in Korea “Interview with Harvard’s Legendary Dean Henry Rosovsky” (Huffington Post, January 9, 2016) Leave a comment Posted by Emanuel Pastreich on January 10, 2016 “Interview with Harvard’s Legendary Dean Henry Rosovsky: The Secret of excellence and the prospects for Asian Higher Learning” Pastreich: Harvard University had obtained a remarkable global role since the end of the Second World War. Of course it has been a strong institution for a long time, but if we think back, in 1900, or even in 1930, it was not considered to be on the same level as some universities in England, Germany or France. What exactly was it that allowed Harvard to reach the status that it enjoys today? Rosovsky: The task of building a great university is never simple. Let me stress one point because it’s so often misunderstood, and we see this in Asia today: To become a world-class university takes a lot of time. There are simply no shortcuts. People tend to assume, and I have encountered this sort of thinking all over the world, that if they just sink enough money into a university, it will emerge in a few years as a first-class institution. But such rapid growth never happens. It takes time; it takes generations. That said, there are a few clear factors that determine the potential of a university to reach the highest levels of excellence. In the case of Harvard University, it was true that by the time of its tercentenary (300th anniversary of its founding) in 1936, Harvard had already achieved a reputation as a world-class institution. Harvard did not have the stature that it does today. So what specifically happened between the nineteen-thirties and now? Well the United States became more economically powerful and attracted more resources and faculty from around the world after the Second World War. But one very important development were the innovations introduced by President James Bryant Conant who served as president from 1933 to1953. What were the specific steps that President Conant took as president to transform Harvard? Read more of this post Articles, Education, Interview Interview with Dr. Bark Taoho, former minister of finance (ROK) Arirang G-Lounge G-Lounge Interview with Dr. Bark Taeho (former minister of finance) Graduate School of International Studies Review of the global economy in 2015 and prospects for 2016. Asia Institute, Interview “Chinese meritocracy and the limits of democracy” (Interview: Daniel Bell in The Diplomat) Leave a comment Posted by Emanuel Pastreich on December 21, 2015 Interview: Daniel Bell “Chinese meritocracy and the limits of democracy” China as a society, a government, an economy and a culture is quite difficult for us to comprehend today. The changes are so rapid in cities like Beijing and Shanghai and the culture remarkably fluid. What do you see as the defining characteristics of China’s culture today and what do you anticipate in terms of China’s future role in the international community? The most striking cultural shifts in China over the last two decades or so has been the revival, both orchestrated and spontaneous, of tradition. The main trope for culture in the twentieth century, especially since 1949, has been anti-traditionalism. As far back as the May 4th movement in 1919, and before, whether it was the financial elite, the liberals, the Marxists, or anarchists they all agreed that China was poor and that one of the causes of that state of affairs was the backward traditional culture. We have witnessed a dramatic reevaluation of tradition in China, and also in other East Asian countries with a Confucian heritage such as Korea. This part of the world has witnessed rapid growth over the last three decades that has sharply reduced poverty and the region has remained at peace. So when people look around and ask what do all these countries have in common, one answer is their Confucian heritage. So whereas the previous narrative was that Confucianism undermined modernization and economic growth, now many argue that it actually helps. We are witnessing the return of a more historical and humanistic perspective on the world, an emphasis on education, a concern for family across several generations, and a new assessment of the value of China’s tradition of political meritocracy. Chinese have long held that the key to a political system is the selection and promotion of leaders with superior abilities, ethical qualities and social and cultural skills who can best lead the nation forward. The perspective has Confucian roots, but it has been modernized and has been the core of the strategy for economic development in China and other East Asian countries such as Korea and Japan. Although Confucian ideology was denounced during the Cultural Revolution, it is taking on a new centrality today. And the promotion of core Confucian values is not limited to the government. We see similar efforts in business and in the non-profit sector. Read more of this post International Relations, Interview Interview: Benjamin Elman The Diplomat, December 10, 2015 Interview: Benjamin Elman “The ‘rise of China’ narrative can be read in different ways, and for Japan it is a challenge.” When people talk about the future of East Asia, and the potential for integration, they say,“Well, Europe has been integrated from Roman times but East Asia has no such precedent. In fact Japan has never really been part of a unified architecture in Asia.” Is there something in the way East Asia has evolved in the 2,000 years that limits future integration, or is that not an assumption we should make? In order to understand global issues, one needs to understand the regional issues that undergird them. China, Japan, Korea, and to some degree Vietnam and other portions of South Asia have become a very viable regional group. China is increasingly influenced by the nations around it in economics and politics. To understand the region’s potential, we need to consider the historical development of the Chinese empire, the economic impact of the Tokugawa government (17th-19th centuries), and, ultimately, how Korea was a part of economic and scientific change influencing both sides. Korea often served as a conduit for medical knowledge, for Buddhist and Confucian metaphysics, and for technological innovations. Korea has been caught in the middle historically as China continued to surpass Korea in terms of its military and economic power and influence in East Asia during the Ming and Qing dynasties. I think that when Japan’s Toyotomi Hideyoshi led invasions (1592 and 1597) of Korea that fundamentally altered the geopolitical landscape and reduced Korea’s role in the economic and political order of the region. We tend to underestimate just how big Japan was in the global economy in the 16th and 17th centuries. The Tokugawa reunification of Japan after the battle of Sekigahara (1600) brought together a population of 25-27 million under a highly disciplined military. That meant that Japan was not just an island, but a powerful state capable not only of invading Korea and marching all the way to the Yalu River, but also capable of challenging the Ming Dynasty. Innovations in naval warfare and the decision of the Ming to throw their full weight into the campaign against Japan meant that Hideyoshi was forced to give up the campaign against the Ming, but the consequences of that campaign were that Korea was devastated and is only now starting to recover its self-confidence. The Gyeongbok Palace remained in ruins until the middle of the 19th century. Japan took advantage of Korea’s decline. Read more of this post Interview with Ambassador Thomas Lehmann of Denmark @ G Lounge (Arirang TV) Leave a comment Posted by Emanuel Pastreich on December 5, 2015 G Lounge Interview with Ambassador Thomas Lehmann Danish Embassy in Seoul Hosted by Emanuel Pastreich Green Growth in Korea and Denmark A wide-ranging discussion of the “Green Alliance” between Denmark and Korea and prospects for new approaches to growth post Paris 2015 COP 21.
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Showbiz, Television Orange is the New Black S1 Review Plot: The story of Piper Chapman, a woman in her thirties who is sentenced to fifteen months in prison after being convicted of a decade-old crime of transporting money for her drug-dealing girlfriend. Review: OITNB is a newer Netflix original series that has garnered mass critical acclaim since it premiered on the streaming service. The trailer for season one was all over Blip.tv and Youtube trying to sway potential viewers when it launched, I however wasn’t interested by those trailers because the characters being displayed seemed too over the top and annoying. Recently I broke down though upon seeing the acclaim and the hype for season two and figured “Why the hell not?” and began watching. To my surprise the show…well surprised me. I found myself laughing at the show and really enjoying its characters. OITNB manages to balance its comedy with its drama very nicely. The acting throughout the series is also top notch with each character getting a chance to shine. Characters that I thought I would hate after seeing the promotional material (Crazy-eyes and Taystee) where characters that managed to be both funny and sympathetic. Unfortunately the show doesn’t do everything right however. While casting on 90% of the team is great it also features Jason Biggs as a lead, who personally I can’t stand. Biggs on screen is annoying, whiny and all around a part of the show that I keep waiting to end. The show also has the potential to turn some people off due to its surprisingly graphic content at times. All in all Orange is the New Black is a strong show, one that is helped along with its very strong cast of supporting characters and well written leads and one that is deserving of viewers time. – Jeff + Great cast and acting + Mixes funny and sincere incredibly well – Jason Biggs – Mature content may be too much for some June 13, 2014 July 27, 2014 Jeff D.entertainment, Orange is the New Black, Review, Television Previous Previous post: CA! Radio Ep 60: Tongue Tied Next Next post: CA! Radio Ep 61: E3 2014 Follow The Site Via Email
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Christopher Berry Gravitational-wave astronomer Speakezee Ilya Mandel Second star to the right and straight on ’til morning—Astrophysics white papers April 20, 2019 July 9, 2019 / CPLB / Leave a comment What will be the next big thing in astronomy? One of the hard things about research is that you often don’t know what you will discover before you embark on an investigation. An idea might work out, or it might not, or along the way you might discover something unexpected which is far more interesting. As you might imagine, this can make laying definite plans difficult… However, it is important to have plans for research. While you might not be sure of the outcome, it is necessary to weigh the risks and rewards associated with the probable results before you invest your time and taxpayers’ money! To help with planning and prioritising, researchers in astrophysics often pull together white papers [bonus note]. These are sketches of ideas for future research, arguing why you think they might be interesting. These can then be discussed within the community to help shape the direction of the field. If other scientists find the paper convincing, you can build support which helps push for funding. If there are gaps in the logic, others can point these out to ave you heading the wrong way. This type of consensus building is especially important for large experiments or missions—you don’t want to spend a billion dollars on something unless you’re really sure it is a good idea and lots of people agree. I have been involved with a few white papers recently. Here are some key ideas for where research should go. Ground-based gravitational-wave detectors: The next generation We’ve done some awesome things with Advanced LIGO and Advanced Virgo. In just a couple of years we have revolutionized our understanding of binary black holes. That’s not bad. However, our current gravitational-wave observatories are limited in what they can detect. What amazing things could we achieve with a new generation of detectors? It can take decades to develop new instruments, therefore it’s important to start thinking about them early. Obviously, what we would most like is an observatory which can detect everything, but that’s not feasible. In this white paper, we pick the questions we most want answered, and see what the requirements for a new detector would be. A design which satisfies these specifications would therefore be a solid choice for future investment. Binary black holes are the perfect source for ground-based detectors. What do we most want to know about them? How many mergers are there, and how does the merger rate change over the history of the Universe? We want to know how binary black holes are made. The merger rate encodes lots of information about how to make binaries, and comparing how this evolves compared with the rate at which the Universe forms stars, will give us a deeper understanding of how black holes are made. What are the properties (masses and spins) of black holes? The merger rate tells us some things about how black holes form, but other properties like the masses, spins and orbital eccentricity complete the picture. We want to make precise measurements for individual systems, and also understand the population. Where do supermassive black holes come from? We know that stars can collapse to produce stellar-mass black holes. We also know that the centres of galaxies contain massive black holes. Where do these massive black holes come from? Do they grow from our smaller black holes, or do they form in a different way? Looking for intermediate-mass black holes in the gap in-between will tells us whether there is a missing link in the evolution of black holes. The detection horizon (the distance to which sources can be detected) for Advanced LIGO (aLIGO), its upgrade A+, and the proposed Cosmic Explorer (CE) and Einstein Telescope (ET). The horizon is plotted for binaries with equal-mass, nonspinning components. Adapted from Hall & Evans (2019). What can we do to answer these questions? Increase sensitivity! Advanced LIGO and Advanced Virgo can detect a binary out to a redshift of about . The planned detector upgrade A+ will see them out to redshift . That’s pretty impressive, it means we’re covering 10 billion years of history. However, the peak in the Universe’s star formation happens at around , so we’d really like to see beyond this in order to measure how the merger rate evolves. Ideally we would see all the way back to cosmic dawn at when the Universe was only 200 million years old and the first stars light up. Increase our frequency range! Our current detectors are limited in the range of frequencies they can detect. Pushing to lower frequencies helps us to detect heavier systems. If we want to detect intermediate-mass black holes of we need this low frequency sensitivity. At the moment, Advanced LIGO could get down to about . The plot below shows the signal from a binary at . The signal is completely undetectable at . The gravitational wave signal from the final stages of inspiral, merger and ringdown of a two 100 solar mass black holes at a redshift of 10. The signal chirps up in frequency. The colour coding shows parts of the signal above different frequencies. Part of Figure 2 of the Binary Black Holes White Paper. Increase sensitivity and frequency range! Increasing sensitivity means that we will have higher signal-to-noise ratio detections. For these loudest sources, we will be able to make more precise measurements of the source properties. We will also have more detections overall, as we can survey a larger volume of the Universe. Increasing the frequency range means we can observe a longer stretch of the signal (for the systems we currently see). This means it is easier to measure spin precession and orbital eccentricity. We also get to measure a wider range of masses. Putting the improved sensitivity and frequency range together means that we’ll get better measurements of individual systems and a more complete picture of the population. How much do we need to improve our observatories to achieve our goals? To quantify this, lets consider the boost in sensitivity relative to A+, which I’ll call . If the questions can be answered with , then we don’t need anything beyond the currently planned A+. If we need a slightly larger , we should start investigating extra ways to improve the A+ design. If we need much larger , we need to think about new facilities. The plot below shows the boost necessary to detect a binary (with equal-mass nonspinning components) out to a given redshift. With a boost of (blue line) we can survey black holes around – across cosmic time. The boost factor (relative to A+) needed to detect a binary with a total mass out to redshift . The binaries are assumed to have equal-mass, nonspinning components. The colour scale saturates at . The blue curve highlights the reach at a boost factor of . The solid and dashed white lines indicate the maximum reach of Cosmic Explorer and the Einstein Telescope, respectively. Part of Figure 1 of the Binary Black Holes White Paper. The plot above shows that to see intermediate-mass black holes, we do need to completely overhaul the low-frequency sensitivity. What do we need to detect a binary at ? If we parameterize the noise spectrum (power spectral density) of our detector as with a lower cut-off frequency of , we can investigate the various possibilities. The plot below shows the possible combinations of parameters which meet of requirements. Requirements on the low-frequency noise power spectrum necessary to detect an optimally oriented intermediate-mass binary black hole system with two 100 solar mass components at a redshift of 10. Part of Figure 2 of the Binary Black Holes White Paper. To build up information about the population of black holes, we need lots of detections. Uncertainties scale inversely with the square root of the number of detections, so you would expect few percent uncertainty after 1000 detections. If we want to see how the population evolves, we need these many per redshift bin! The plot below shows the number of detections per year of observing time for different boost factors. The rate starts to saturate once we detect all the binaries in the redshift range. This is as good as you’ll ever going to get. Expected rate of binary black hole detections per redshift bin as a function of A+ boost factor for three redshift bins. The merging binaries are assumed to be uniformly distributed with a constant merger rate roughly consistent with current observations: the solid line is about the current median, while the dashed and dotted lines are roughly the 90% bounds. Figure 3 of the Binary Black Holes White Paper. Looking at the plots above, it is clear that A+ is not going to satisfy our requirements. We need something with a boost factor of : a next-generation observatory. Both the Cosmic Explorer and Einstein Telescope designs do satisfy our goals. Data is pleased. Credit: Paramount Title: Deeper, wider, sharper: Next-generation ground-based gravitational-wave observations of binary black holes arXiv: 1903.09220 [astro-ph.HE] Contribution level: ☆☆☆☆☆ Leading author Theme music: Daft Punk Extreme mass ratio inspirals are awesome We have seen gravitational waves from a stellar-mass black hole merging with another stellar-mass black hole, can we observe a stellar-mass black hole merging with a massive black hole? Yes, these are a perfect source for a space-based gravitational wave observatory. We call these systems extreme mass-ratio inspirals (or EMRIs, pronounced em-rees, for short) [bonus note]. Having such an extreme mass ratio, with one black hole much bigger than the other, gives EMRIs interesting properties. The number of orbits over the course of an inspiral scales with the mass ratio: the more extreme the mass ratio, the more orbits there are. Each of these gives us something to measure in the gravitational wave signal. A short section of an orbit around a spinning black hole. While inspirals last for years, this would represent only a few hours around a black hole of mass . The position is measured in terms of the gravitational radius . The innermost stable orbit for this black hole would be about . Part of Figure 1 of the EMRI White Paper. As EMRIs are so intricate, we can make exquisit measurements of the source properties. These will enable us to: Measure the masses of both black holes to better than 10% precision Reconstruct the mass distribution of massive black holes out to redshift Measure massive black hole spins to a precision of better than 0.001, giving us an insight into how they formed Perform precision tests of the no-hair theorem describing black holes in general relativity, and test alternative theories of gravity in the strong-field regime Cross-correlate locations with galaxy catalogues to measure the expansion of the Universe Event rates for EMRIs are currently uncertain: there could be just one per year or thousands. From the rate we can figure out the details of what is going in in the nuclei of galaxies, and what types of objects you find there. With EMRIs you can unravel mysteries in astrophysics, fundamental physics and cosmology. Have we sold you that EMRIs are awesome? Well then, what do we need to do to observe them? There is only one currently planned mission which can enable us to study EMRIs: LISA. To maximise the science from EMRIs, we have to support LISA. As an aspiring scientist, Lisa Simpson is a strong supporter of the LISA mission. Credit: Fox Title: The unique potential of extreme mass-ratio inspirals for gravitational-wave astronomy Theme music: Muse Bonus notes White paper vs journal article Since white papers are proposals for future research, they aren’t as rigorous as usual academic papers. They are really attempts to figure out a good question to ask, rather than being answers. White papers are not usually peer reviewed before publication—the point is that you want everybody to comment on them, rather than just one or two anonymous referees. Whilst white papers aren’t quite the same class as journal articles, they do still contain some interesting ideas, so I thought they still merit a blog post. I have blogged about EMRIs before, so I won’t go into too much detail here. It was one of my former blog posts which inspired the LISA Science Team to get in touch to ask me to write the white paper. The O2 Catalogue—It goes up to 11 December 7, 2018 December 8, 2018 / CPLB / Leave a comment The full results of our second advanced-detector observing run (O2) have now been released—we’re pleased to announce four new gravitational wave signals: GW170729, GW170809, GW170818 and GW170823 [bonus note]. These latest observations are all of binary black hole systems. Together, they bring our total to 10 observations of binary black holes, and 1 of a binary neutron star. With more frequent detections on the horizon with our third observing run due to start early 2019, the era of gravitational wave astronomy is truly here. The population of black holes and neutron stars observed with gravitational waves and with electromagnetic astronomy. You can play with an interactive version of this plot online. The new detections are largely consistent with our previous findings. GW170809, GW170818 and GW170823 are all similar to our first detection GW150914. Their black holes have masses around 20 to 40 times the mass of our Sun. I would lump GW170104 and GW170814 into this class too. Although there were models that predicted black holes of these masses, we weren’t sure they existed until our gravitational wave observations. The family of black holes continues out of this range. GW151012, GW151226 and GW170608 fall on the lower mass side. These overlap with the population of black holes previously observed in X-ray binaries. Lower mass systems can’t be detected as far away, so we find fewer of these. On the higher end we have GW170729 [bonus note]. Its source is made up of black holes with masses and (where is the mass of our Sun). The larger black hole is a contender for the most massive black hole we’ve found in a binary (the other probable contender is GW170823’s source, which has a black hole). We have a big happy family of black holes! Of the new detections, GW170729, GW170809 and GW170818 were both observed by the Virgo detector as well as the two LIGO detectors. Virgo joined O2 for an exciting August [bonus note], and we decided that the data at the time of GW170729 were good enough to use too. Unfortunately, Virgo wasn’t observing at the time of GW170823. GW170729 and GW170809 are very quiet in Virgo, you can’t confidently say there is a signal there [bonus note]. However, GW170818 is a clear detection like GW170814. Well done Virgo! Using the collection of results, we can start understand the physics of these binary systems. We will be summarising our findings in a series of papers. A huge amount of work went into these. The O2 Catalogue Paper Title: GWTC-1: A gravitational-wave transient catalog of compact binary mergers observed by LIGO and Virgo during the first and second observing runs Data: Catalogue; Parameter estimation results LIGO science summary: GWTC-1: A new catalog of gravitational-wave detections The paper summarises all our observations of binaries to date. It covers our first and second observing runs (O1 and O2). This is the paper to start with if you want any information. It contains estimates of parameters for all our sources, including updates for previous events. It also contains merger rate estimates for binary neutron stars and binary black holes, and an upper limit for neutron star–black hole binaries. We’re still missing a neutron star–black hole detection to complete the set. More details: The O2 Catalogue Paper The O2 Populations Paper Title: Binary black hole population properties inferred from the first and second observing runs of Advanced LIGO and Advanced Virgo Using our set of ten binary black holes, we can start to make some statistical statements about the population: the distribution of masses, the distribution of spins, the distribution of mergers over cosmic time. With only ten observations, we still have a lot of uncertainty, and can’t make too many definite statements. However, if you were wondering why we don’t see any more black holes more massive than GW170729, even though we can see these out to significant distances, so are we. We infer that almost all stellar-mass black holes have masses less than . More details: The O2 Populations Paper Synopsis: O2 Catalogue Paper Read this if: You want the most up-to-date gravitational results Favourite part: It’s out! We can tell everyone about our FOUR new detections This is a BIG paper. It covers our first two observing runs and our main searches for coalescing stellar mass binaries. There will be separate papers going into more detail on searches for other gravitational wave signals. The instruments Gravitational wave detectors are complicated machines. You don’t just take them out of the box and press go. We’ll be slowly improving the sensitivity of our detectors as we commission them over the next few years. O2 marks the best sensitivity achieved to date. The paper gives a brief overview of the detector configurations in O2 for both LIGO detectors, which did differ, and Virgo. During O2, we realised that one source of noise was beam jitter, disturbances in the shape of the laser beam. This was particularly notable in Hanford, where there was a spot on the one of the optics. Fortunately, we are able to measure the effects of this, and hence subtract out this noise. This has now been done for the whole of O2. It makes a big difference! Derek Davis and TJ Massinger won the first LIGO Laboratory Award for Excellence in Detector Characterization and Calibration™ for implementing this noise subtraction scheme (the award citation almost spilled the beans on our new detections). I’m happy that GW170104 now has an increased signal-to-noise ratio, which means smaller uncertainties on its parameters. The searches We use three search algorithms in this paper. We have two matched-filter searches (GstLAL and PyCBC). These compare a bank of templates to the data to look for matches. We also use coherent WaveBurst (cWB), which is a search for generic short signals, but here has been tuned to find the characteristic chirp of a binary. Since cWB is more flexible in the signals it can find, it’s slightly less sensitive than the matched-filter searches, but it gives us confidence that we’re not missing things. The two matched-filter searches both identify all 11 signals with the exception of GW170818, which is only found by GstLAL. This is because PyCBC only flags signals above a threshold in each detector. We’re confident it’s real though, as it is seen in all three detectors, albeit below PyCBC’s threshold in Hanford and Virgo. (PyCBC only looked at signals found in coincident Livingston and Hanford in O2, I suspect they would have found it if they were looking at all three detectors, as that would have let them lower their threshold). The search pipelines try to distinguish between signal-like features in the data and noise fluctuations. Having multiple detectors is a big help here, although we still need to be careful in checking for correlated noise sources. The background of noise falls off quickly, so there’s a rapid transition between almost-certainly noise to almost-certainly signal. Most of the signals are off the charts in terms of significance, with GW170818, GW151012 and GW170729 being the least significant. GW170729 is found with best significance by cWB, that gives reports a false alarm rate of . Cumulative histogram of results from GstLAL (top left), PyCBC (top right) and cWB (bottom). The expected background is shown as the dashed line and the shaded regions give Poisson uncertainties. The search results are shown as the solid red line and named gravitational-wave detections are shown as blue dots. More significant results are further to the right of the plot. Fig. 2 and Fig. 3 of the O2 Catalogue Paper. The false alarm rate indicates how often you would expect to find something at least as signal like if you were to analyse a stretch of data with the same statistical properties as the data considered, assuming that they is only noise in the data. The false alarm rate does not fold in the probability that there are real gravitational waves occurring at some average rate. Therefore, we need to do an extra layer of inference to work out the probability that something flagged by a search pipeline is a real signal versus is noise. The results of this calculation is given in Table IV. GW170729 has a 94% probability of being real using the cWB results, 98% using the GstLAL results, but only 52% according to PyCBC. Therefore, if you’re feeling bold, you might, say, only wager the entire economy of the UK on it being real. We also list the most marginal triggers. These all have probabilities way below being 50% of being real: if you were to add them all up you wouldn’t get a total of 1 real event. (In my professional opinion, they are garbage). However, if you want to check for what we might have missed, these may be a place to start. Some of these can be explained away as instrumental noise, say scattered light. Others show no obvious signs of disturbance, so are probably just some noise fluctuation. The source properties We give updated parameter estimates for all 11 sources. These use updated estimates of calibration uncertainty (which doesn’t make too much difference), improved estimate of the noise spectrum (which makes some difference to the less well measured parameters like the mass ratio), the cleaned data (which helps for GW170104), and our most currently complete waveform models [bonus note]. This plot shows the masses of the two binary components (you can just make out GW170817 down in the corner). We use the convention that the more massive of the two is and the lighter is . We are now really filling in the mass plot! Implications for the population of black holes are discussed in the Populations Paper. Estimated masses for the two binary objects for each of the events in O1 and O2. From lowest chirp mass (left; red) to highest (right; purple): GW170817 (solid), GW170608 (dashed), GW151226 (solid), GW151012 (dashed), GW170104 (solid), GW170814 (dashed), GW170809 (dashed), GW170818 (dashed), GW150914 (solid), GW170823 (dashed), GW170729 (solid). The contours mark the 90% credible regions. The grey area is excluded from our convention on masses. Part of Fig. 4 of the O2 Catalogue Paper. The mass ratio is . As well as mass, black holes have a spin. For the final black hole formed in the merger, these spins are always around 0.7, with a little more or less depending upon which way the spins of the two initial black holes were pointing. As well as being probably the most most massive, GW170729’s could have the highest final spin! It is a record breaker. It radiated a colossal worth of energy in gravitational waves [bonus note]. Estimated final masses and spins for each of the binary black hole events in O1 and O2. From lowest chirp mass (left; red–orange) to highest (right; purple): GW170608 (dashed), GW151226 (solid), GW151012 (dashed), GW170104 (solid), GW170814 (dashed), GW170809 (dashed), GW170818 (dashed), GW150914 (solid), GW170823 (dashed), GW170729 (solid). The contours mark the 90% credible regions. Part of Fig. 4 of the O2 Catalogue Paper. There is considerable uncertainty on the spins as there are hard to measure. The best combination to pin down is the effective inspiral spin parameter . This is a mass weighted combination of the spins which has the most impact on the signal we observe. It could be zero if the spins are misaligned with each other, point in the orbital plane, or are zero. If it is non-zero, then it means that at least one black hole definitely has some spin. GW151226 and GW170729 have with more than 99% probability. The rest are consistent with zero. The spin distribution for GW170104 has tightened up for GW170104 as its signal-to-noise ratio has increased, and there’s less support for negative , but there’s been no move towards larger positive . Estimated effective inspiral spin parameters for each of the events in O1 and O2. From lowest chirp mass (left; red) to highest (right; purple): GW170817, GW170608, GW151226, GW151012, GW170104, GW170814, GW170809, GW170818, GW150914, GW170823, GW170729. Part of Fig. 5 of the O2 Catalogue Paper. For our analysis, we use two different waveform models to check for potential sources of systematic error. They agree pretty well. The spins are where they show most difference (which makes sense, as this is where they differ in terms of formulation). For GW151226, the effective precession waveform IMRPhenomPv2 gives and the full precession model gives and extends to negative . I panicked a little bit when I first saw this, as GW151226 having a non-zero spin was one of our headline results when first announced. Fortunately, when I worked out the numbers, all our conclusions were safe. The probability of is less than 1%. In fact, we can now say that at least one spin is greater than at 99% probability compared with previously, because the full precession model likes spins in the orbital plane a bit more. Who says data analysis can't be thrilling? Our measurement of tells us about the part of the spins aligned with the orbital angular momentum, but not in the orbital plane. In general, the in-plane components of the spin are only weakly constrained. We basically only get back the information we put in. The leading order effects of in-plane spins is summarised by the effective precession spin parameter . The plot below shows the inferred distributions for . The left half for each event shows our results, the right shows our prior after imposed the constraints on spin we get from . We get the most information for GW151226 and GW170814, but even then it’s not much, and we generally cover the entire allowed range of values. Estimated effective inspiral spin parameters for each of the events in O1 and O2. From lowest chirp mass (left; red) to highest (right; purple): GW170817, GW170608, GW151226, GW151012, GW170104, GW170814, GW170809, GW170818, GW150914, GW170823, GW170729. The left (coloured) part of the plot shows the posterior distribution; the right (white) shows the prior conditioned by the effective inspiral spin parameter constraints. Part of Fig. 5 of the O2 Catalogue Paper. One final measurement which we can make (albeit with considerable uncertainty) is the distance to the source. The distance influences how loud the signal is (the further away, the quieter it is). This also depends upon the inclination of the source (a binary edge-on is quieter than a binary face-on/off). Therefore, the distance is correlated with the inclination and we end up with some butterfly-like plots. GW170729 is again a record setter. It comes from a luminosity distance of away. That means it has travelled across the Universe for – billion years—it potentially started its journey before the Earth formed! Estimated luminosity distances and orbital inclinations for each of the events in O1 and O2. From lowest chirp mass (left; red) to highest (right; purple): GW170817 (solid), GW170608 (dashed), GW151226 (solid), GW151012 (dashed), GW170104 (solid), GW170814 (dashed), GW170809 (dashed), GW170818 (dashed), GW150914 (solid), GW170823 (dashed), GW170729 (solid). The contours mark the 90% credible regions. An inclination of zero means that we’re looking face-on along the direction of the total angular momentum, and inclination of means we’re looking edge-on perpendicular to the angular momentum. Part of Fig. 7 of the O2 Catalogue Paper. Waveform reconstructions To check our results, we reconstruct the waveforms from the data to see that they match our expectations for binary black hole waveforms (and there’s not anything extra there). To do this, we use unmodelled analyses which assume that there is a coherent signal in the detectors: we use both cWB and BayesWave. The results agree pretty well. The reconstructions beautifully match our templates when the signal is loud, but, as you might expect, can resolve the quieter details. You’ll also notice the reconstructions sometimes pick up a bit of background noise away from the signal. This gives you and idea of potential fluctuations. Time–frequency maps and reconstructed signal waveforms for the binary black holes. For each event we show the results from the detector where the signal was loudest. The left panel for each shows the time–frequency spectrogram with the upward-sweeping chip. The right show waveforms: blue the modelled waveforms used to infer parameters (LALInf; top panel); the red wavelet reconstructions (BayesWave; top panel); the black is the maximum-likelihood cWB reconstruction (bottom panel), and the green (bottom panel) shows reconstructions for simulated similar signals. I think the agreement is pretty good! All the data have been whitened as this is how we perform the statistical analysis of our data. Fig. 10 of the O2 Catalogue Paper. I still think GW170814 looks like a slug. Some people think they look like crocodiles. We’ll be doing more tests of the consistency of our signals with general relativity in a future paper. Merger rates Given all our observations now, we can set better limits on the merger rates. Going from the number of detections seen to the number merger out in the Universe depends upon what you assume about the mass distribution of the sources. Therefore, we make a few different assumptions. For binary black holes, we use (i) a power-law model for the more massive black hole similar to the initial mass function of stars, with a uniform distribution on the mass ratio, and (ii) use uniform-in-logarithmic distribution for both masses. These were designed to bracket the two extremes of potential distributions. With our observations, we’re starting to see that the true distribution is more like the power-law, so I expect we’ll be abandoning these soon. Taking the range of possible values from our calculations, the rate is in the range of – for black holes between and [bonus note]. For binary neutron stars, which are perhaps more interesting astronomers, we use a uniform distribution of masses between and , and a Gaussian distribution to match electromagnetic observations. We find that these bracket the range – . This larger than are previous range, as we hadn’t considered the Gaussian distribution previously. 90% upper limits for neutron star–black hole binaries. Three black hole masses were tried and two spin distributions. Results are shown for the two matched-filter search algorithms. Fig. 14 of the O2 Catalogue Paper. Finally, what about neutron star–black holes? Since we don’t have any detections, we can only place an upper limit. This is a maximum of . This is about a factor of 2 better than our O1 results, and is starting to get interesting! We are sure to discover lots more in O3… [bonus note]. Synopsis: O2 Populations Paper Read this if: You want the best family portrait of binary black holes Favourite part: A maximum black hole mass? Each detection is exciting. However, we can squeeze even more science out of our observations by looking at the entire population. Using all 10 of our binary black hole observations, we start to trace out the population of binary black holes. Since we still only have 10, we can’t yet be too definite in our conclusions. Our results give us some things to ponder, while we are waiting for the results of O3. I think now is a good time to start making some predictions. We look at the distribution of black hole masses, black hole spins, and the redshift (cosmological time) of the mergers. The black hole masses tell us something about how you go from a massive star to a black hole. The spins tell us something about how the binaries form. The redshift tells us something about how these processes change as the Universe evolves. Ideally, we would look at these all together allowing for mixtures of binary black holes formed through different means. Given that we only have a few observations, we stick to a few simple models. To work out the properties of the population, we perform a hierarchical analysis of our 10 binary black holes. We infer the properties of the individual systems, assuming that they come from a given population, and then see how well that population fits our data compared with a different distribution. In doing this inference, we account for selection effects. Our detectors are not equally sensitive to all sources. For example, nearby sources produce louder signals and we can’t detect signals that are too far away, so if you didn’t account for this you’d conclude that binary black holes only merged in the nearby Universe. Perhaps less obvious is that we are not equally sensitive to all source masses. More massive binaries produce louder signals, so we can detect these further way than lighter binaries (up to the point where these binaries are so high mass that the signals are too low frequency for us to easily spot). This is why we detect more binary black holes than binary neutron stars, even though there are more binary neutron stars out here in the Universe. When looking at masses, we try three models of increasing complexity: Model A is a simple power law for the mass of the more massive black hole . There’s no real reason to expect the masses to follow a power law, but the masses of stars when they form do, and astronomers generally like power laws as they’re friendly, so its a sensible thing to try. We fit for the power-law index. The power law goes from a lower limit of to an upper limit which we also fit for. The mass of the lighter black hole is assumed to be uniformly distributed between and the mass of the other black hole. Model B is the same power law, but we also allow the lower mass limit to vary from . We don’t have much sensitivity to low masses, so this lower bound is restricted to be above . I’d be interested in exploring lower masses in the future. Additionally, we allow the mass ratio of the black holes to vary, trying instead of Model A’s . Model C has the same power law, but now with some smoothing at the low-mass end, rather than a sharp turn-on. Additionally, it includes a Gaussian component towards higher masses. This was inspired by the possibility of pulsational pair-instability supernova causing a build up of black holes at certain masses: stars which undergo this lose extra mass, so you’d end up with lower mass black holes than if the stars hadn’t undergone the pulsations. The Gaussian could fit other effects too, for example if there was a secondary formation channel, or just reflect that the pure power law is a bad fit. In allowing the mass distributions to vary, we find overall rates which match pretty well those we obtain with our main power-law rates calculation included in the O2 Catalogue Paper, higher than with the main uniform-in-log distribution. The fitted mass distributions are shown in the plot below. The error bars are pretty broad, but I think the models agree on some broad features: there are more light black holes than heavy black holes; the minimum black hole mass is below about , but we can’t place a lower bound on it; the maximum black hole mass is above about and below about , and we prefer black holes to have more similar masses than different ones. The upper bound on the black hole minimum mass, and the lower bound on the black hole upper mass are set by the smallest and biggest black holes we’ve detected, respectively. Binary black hole merger rate as a function of the primary mass ( ; top) and mass ratio ( ; bottom). The solid line and dark and lighter bands show the median, 50% interval and 90% interval. The dashed line shows the posterior predictive distribution: our expectation for future observations averaging over our uncertainties. Fig. 1 of the O2 Populations Paper. That there does seem to be a drop off at higher masses is interesting. There could be something which stops stars forming black holes in this range. It has been proposed that there is a mass gap due to pair instability supernovae. These explosions completely disrupt their progenitor stars, leaving nothing behind. (I’m not sure if they are accompanied by a flash of green light). You’d expect this to kick for black holes of about – . We infer that 99% of merging black holes have masses below with Model A, with Model B, and with Model C. Therefore, our results are not inconsistent with a mass gap. However, we don’t really have enough evidence to be sure. We can compare how well each of our three models fits the data by looking at their Bayes factors. These naturally incorporate the complexity of the models: models with more parameters (which can be more easily tweaked to match the data) are penalised so that you don’t need to worry about overfitting. We have a preference for Model C. It’s not strong, but I think good evidence that we can’t use a simple power law. To model the spins: For the magnitude, we assume a beta distribution. There’s no reason for this, but these are convenient distributions for things between 0 and 1, which are the limits on black hole spin (0 is nonspinning, 1 is as fast as you can spin). We assume that both spins are drawn from the same distribution. For the spin orientations, we use a mix of an isotropic distribution and a Gaussian centred on being aligned with the orbital angular momentum. You’d expect an isotropic distribution if binaries were assembled dynamically, and perhaps something with spins generally aligned with each other if the binary evolved in isolation. We don’t get any useful information on the mixture fraction. Looking at the spin magnitudes, we have a preference towards smaller spins, but still have support for large spins. The more misaligned spins are, the larger the spin magnitudes can be: for the isotropic distribution, we have support all the way up to maximal values. Inferred spin magnitude distributions. The left shows results for the parametric distribution, assuming a mixture of almost aligned and isotropic spin, with the median (solid), 50% and 90% intervals shaded, and the posterior predictive distribution as the dashed line. The right shows a binned reconstruction of the distribution for aligned and isotropic distributions, showing the median and 90% intervals. Fig. 7 of the O2 Populations Paper. Since spins are harder to measure than masses, it is not surprising that we can’t make strong statements yet. If we were to find something with definitely negative , we would be able to deduce that spins can be seriously misaligned. Redshift evolution As a simple model of evolution over cosmological time, we allow the merger rate to evolve as . That’s right, another power law! Since we’re only sensitive to relatively small redshifts for the masses we detect ( ), this gives a good approximation to a range of different evolution schemes. Evolution of the binary black hole merger rate (blue), showing median, 50% and 90% intervals. For comparison, reference non-evolving rates (from the O2 Catalogue Paper) are shown too. Fig. 5 of the O2 Populations Paper. We find that we prefer evolutions that increase with redshift. There’s an 88% probability that , but we’re still consistent with no evolution. We might expect rate to increase as star formation was higher bach towards . If we can measure the time delay between forming stars and black holes merging, we could figure out what happens to these systems in the meantime. The local merger rate is broadly consistent with what we infer with our non-evolving distributions, but is a little on the lower side. Gravitational waves are named as GW-year-month-day, so our first observation from 14 September 2015 is GW150914. We realise that this convention suffers from a Y2K-style bug, but by the time we hit 2100, we’ll have so many detections we’ll need a new scheme anyway. Previously, we had a second designation for less significant potential detections. They were LIGO–Virgo Triggers (LVT), the one example being LVT151012. No-one was really happy with this designation, but it stems from us being cautious with our first announcement, and not wishing to appear over bold with claiming we’d seen two gravitational waves when the second wasn’t that certain. Now we’re a bit more confident, and we’ve decided to simplify naming by labelling everything a GW on the understanding that this now includes more uncertain events. Under the old scheme, GW170729 would have been LVT170729. The idea is that the broader community can decide which events they want to consider as real for their own studies. The current condition for being called a GW is that the probability of it being a real astrophysical signal is at least 50%. Our 11 GWs are safely above that limit. The naming change has hidden the fact that now when we used our improved search pipelines, the significance of GW151012 has increased. It would now be a GW even under the old scheme. Congratulations LVT151012, I always believed in you! Is it of extraterrestrial origin, or is it just a blurry figure? GW151012: the truth is out there!. We are lacking nicknames for our new events. They came in so fast that we kind of lost track. Ilya Mandel has suggested that GW170729 should be the Tiger, as it happened on the International Tiger Day. Since tigers are the biggest of the big cats, this seems apt. Carl-Johan Haster argues that LIGO+tiger = Liger. Since ligers are even bigger than tigers, this seems like an excellent case to me! I’d vote for calling the bigger of the two progenitor black holes GW170729-tiger, the smaller GW170729-lion, and the final black hole GW17-729-liger. Suggestions for other nicknames are welcome, leave your ideas in the comments. August 2017—Something fishy or just Poisson statistics? The final few weeks of O2 were exhausting. I was trying to write job applications at the time, and each time I sat down to work on my research proposal, my phone went off with another alert. You may be wondering about was special about August. Some have hypothesised that it is because Aaron Zimmerman, my partner for the analysis of GW170104, was on the Parameter Estimation rota to analyse the last few weeks of O2. The legend goes that Aaron is especially lucky as he was bitten by a radioactive Leprechaun. I can neither confirm nor deny this. However, I make a point of playing any lottery numbers suggested by him. A slightly more mundane explanation is that August was when the detectors were running nice and stably. They were observing for a large fraction of the time. LIGO Livingston reached its best sensitivity at this time, although it was less happy for Hanford. We often quantify the sensitivity of our detectors using their binary neutron star range, the average distance they could see a binary neutron star system with a signal-to-noise ratio of 8. If this increases by a factor of 2, you can see twice as far, which means you survey 8 times the volume. This cubed factor means even small improvements can have a big impact. The LIGO Livingston range peak a little over . We’re targeting at least for O3, so August 2017 gives an indication of what you can expect. Binary neutron star range for the instruments across O2. The break around week 3 was for the holidays (We did work Christmas 2015). The break at week 23 was to tune-up the instruments, and clean the mirrors. At week 31 there was an earthquake in Montana, and the Hanford sensitivity didn’t recover by the end of the run. Part of Fig. 1 of the O2 Catalogue Paper. Of course, in the case of GW170817, we just got lucky. Sign errors GW170809 was the first event we identified with Virgo after it joined observing. The signal in Virgo is very quiet. We actually got better results when we flipped the sign of the Virgo data. We were just starting to get paranoid when GW170814 came along and showed us that everything was set up right at Virgo. When I get some time, I’d like to investigate how often this type of confusion happens for quiet signals. SEOBNRv3 One of the waveforms, which includes the most complete prescription of the precession of the spins of the black holes, we use in our analysis goes by the technical name of SEOBNRv3. It is extremely computationally expensive. Work has been done to improve that, but this hasn’t been implemented in our reviewed codes yet. We managed to complete an analysis for the GW170104 Discovery Paper, which was a huge effort. I said then to not expect it for all future events. We did it for all the black holes, even for the lowest mass sources which have the longest signals. I was responsible for GW151226 runs (as well as GW170104) and I started these back at the start of the summer. Eve Chase put in a heroic effort to get GW170608 results, we pulled out all the stops for that. I have recently enjoyed my first Thanksgiving in the US. I was lucky enough to be hosted for dinner by Shane Larson and his family (and cats). I ate so much I thought I might collapse to a black hole. Apparently, a Thanksgiving dinner can be 3000–4500 calories. That sounds like a lot, but the merger of GW170729 would have emitted about times more energy. In conclusion, I don’t need to go on a diet. We cheated a little bit in calculating the rates. Roughly speaking, the merger rate is given by where is the number of detections and is the amount of volume and time we’ve searched. You expect to detect more events if you increase the sensitivity of the detectors (and hence ), or observer for longer (and hence increase ). In our calculation, we included GW170608 in , even though it was found outside of standard observing time. Really, we should increase to factor in the extra time outside of standard observing time when we could have made a detection. This is messy to calculate though, as there’s not really a good way to check this. However, it’s only a small fraction of the time (so the extra should be small), and for much of the sensitivity of the detectors will be poor (so will be small too). Therefore, we estimated any bias from neglecting this is smaller than our uncertainty from the calibration of the detectors, and not worth worrying about. New sources We saw our first binary black hole shortly after turning on the Advanced LIGO detectors. We saw our first binary neutron star shortly after turning on the Advanced Virgo detector. My money is therefore on our first neutron star–black hole binary shortly after we turn on the KAGRA detector. Because science… Accuracy of inference on the physics of binary evolution from gravitational-wave observations June 11, 2018 July 9, 2019 / CPLB / Leave a comment Gravitational-wave astronomy lets us observing binary black holes. These systems, being made up of two black holes, are pretty difficult to study by any other means. It has long been argued that with this new information we can unravel the mysteries of stellar evolution. Just as a palaeontologist can discover how long-dead animals lived from their bones, we can discover how massive stars lived by studying their black hole remnants. In this paper, we quantify how much we can really learn from this black hole palaeontology—after 1000 detections, we should pin down some of the most uncertain parameters in binary evolution to a few percent precision. Life as a binary There are many proposed ways of making a binary black hole. The current leading contender is isolated binary evolution: start with a binary star system (most stars are in binaries or higher multiples, our lonesome Sun is a little unusual), and let the stars evolve together. Only a fraction will end with black holes close enough to merge within the age of the Universe, but these would be the sources of the signals we see with LIGO and Virgo. We consider this isolated binary scenario in this work [bonus note]. Now, you might think that with stars being so fundamentally important to astronomy, and with binary stars being so common, we’d have the evolution of binaries figured out by now. It turns out it’s actually pretty messy, so there’s lots of work to do. We consider constraining four parameters which describe the bits of binary physics which we are currently most uncertain of: Black hole natal kicks—the push black holes receive when they are born in supernova explosions. We now the neutron stars get kicks, but we’re less certain for black holes [bonus note]. Common envelope efficiency—one of the most intricate bits of physics about binaries is how mass is transferred between stars. As they start exhausting their nuclear fuel they puff up, so material from the outer envelope of one star may be stripped onto the other. In the most extreme cases, a common envelope may form, where so much mass is piled onto the companion, that both stars live in a single fluffy envelope. Orbiting inside the envelope helps drag the two stars closer together, bringing them closer to merging. The efficiency determines how quickly the envelope becomes unbound, ending this phase. Mass loss rates during the Wolf–Rayet (not to be confused with Wolf 359) and luminous blue variable phases–stars lose mass through out their lives, but we’re not sure how much. For stars like our Sun, mass loss is low, there is enough to gives us the aurora, but it doesn’t affect the Sun much. For bigger and hotter stars, mass loss can be significant. We consider two evolutionary phases of massive stars where mass loss is high, and currently poorly known. Mass could be lost in clumps, rather than a smooth stream, making it difficult to measure or simulate. We use parameters describing potential variations in these properties are ingredients to the COMPAS population synthesis code. This rapidly (albeit approximately) evolves a population of stellar binaries to calculate which will produce merging binary black holes. The question is now which parameters affect our gravitational-wave measurements, and how accurately we can measure those which do? Binary black hole merger rate at three different redshifts as calculated by COMPAS. We show the rate in 30 different chirp mass bins for our default population parameters. The caption gives the total rate for all masses. Figure 2 of Barrett et al. (2018) Gravitational-wave observations For our deductions, we use two pieces of information we will get from LIGO and Virgo observations: the total number of detections, and the distributions of chirp masses. The chirp mass is a combination of the two black hole masses that is often well measured—it is the most important quantity for controlling the inspiral, so it is well measured for low mass binaries which have a long inspiral, but is less well measured for higher mass systems. In reality we’ll have much more information, so these results should be the minimum we can actually do. We consider the population after 1000 detections. That sounds like a lot, but we should have collected this many detections after just 2 or 3 years observing at design sensitivity. Our default COMPAS model predicts 484 detections per year of observing time! Honestly, I’m a little scared about having this many signals… For a set of population parameters (black hole natal kick, common envelope efficiency, luminous blue variable mass loss and Wolf–Rayet mass loss), COMPAS predicts the number of detections and the fraction of detections as a function of chirp mass. Using these, we can work out the probability of getting the observed number of detections and fraction of detections within different chirp mass ranges. This is the likelihood function: if a given model is correct we are more likely to get results similar to its predictions than further away, although we expect their to be some scatter. If you like equations, the from of our likelihood is explained in this bonus note. If you don’t like equations, there’s one lurking in the paragraph below. Just remember, that it can’t see you if you don’t move. It’s OK to skip the equation. To determine how sensitive we are to each of the population parameters, we see how the likelihood changes as we vary these. The more the likelihood changes, the easier it should be to measure that parameter. We wrap this up in terms of the Fisher information matrix. This is defined as where is the likelihood for data (the number of observations and their chirp mass distribution in our case), are our parameters (natal kick, etc.), and the angular brackets indicate the average over the population parameters. In statistics terminology, this is the variance of the score, which I think sounds cool. The Fisher information matrix nicely quantifies how much information we can lean about the parameters, including the correlations between them (so we can explore degeneracies). The inverse of the Fisher information matrix gives a lower bound on the covariance matrix (the multidemensional generalisation of the variance in a normal distribution) for the parameters . In the limit of a large number of detections, we can use the Fisher information matrix to estimate the accuracy to which we measure the parameters [bonus note]. We simulated several populations of binary black hole signals, and then calculate measurement uncertainties for our four population uncertainties to see what we could learn from these measurements. Using just the rate information, we find that we can constrain a combination of the common envelope efficiency and the Wolf–Rayet mass loss rate. Increasing the common envelope efficiency ends the common envelope phase earlier, leaving the binary further apart. Wider binaries take longer to merge, so this reduces the merger rate. Similarly, increasing the Wolf–Rayet mass loss rate leads to wider binaries and smaller black holes, which take longer to merge through gravitational-wave emission. Since the two parameters have similar effects, they are anticorrelated. We can increase one and still get the same number of detections if we decrease the other. There’s a hint of a similar correlation between the common envelope efficiency and the luminous blue variable mass loss rate too, but it’s not quite significant enough for us to be certain it’s there. Fisher information matrix estimates for fractional measurement precision of the four population parameters: the black hole natal kick , the common envelope efficiency , the Wolf–Rayet mass loss rate , and the luminous blue variable mass loss rate . There is an anticorrealtion between and , and hints at a similar anticorrelation between and . We show 1500 different realisations of the binary population to give an idea of scatter. Figure 6 of Barrett et al. (2018) Adding in the chirp mass distribution gives us more information, and improves our measurement accuracies. The fraction uncertainties are about 2% for the two mass loss rates and the common envelope efficiency, and about 5% for the black hole natal kick. We’re less sensitive to the natal kick because the most massive black holes don’t receive a kick, and so are unaffected by the kick distribution [bonus note]. In any case, these measurements are exciting! With this type of precision, we’ll really be able to learn something about the details of binary evolution. Measurement precision for the four population parameters after 1000 detections. We quantify the precision with the standard deviation estimated from the Fisher inforamtion matrix. We show results from 1500 realisations of the population to give an idea of scatter. Figure 5 of Barrett et al. (2018) The accuracy of our measurements will improve (on average) with the square root of the number of gravitational-wave detections. So we can expect 1% measurements after about 4000 observations. However, we might be able to get even more improvement by combining constraints from other types of observation. Combining different types of observation can help break degeneracies. I’m looking forward to building a concordance model of binary evolution, and figuring out exactly how massive stars live their lives. Journal: Monthly Notices of the Royal Astronomical Society; 477(4):4685–4695; 2018 Favourite dinosaur: Professor Science Channel selection In practise, we will need to worry about how binary black holes are formed, via isolated evolution or otherwise, before inferring the parameters describing binary evolution. This makes the problem more complicated. Some parameters, like mass loss rates or black hole natal kicks, might be common across multiple channels, while others are not. There are a number of ways we might be able to tell different formation mechanisms apart, such as by using spin measurements. Kick distribution We model the supernova kicks as following a Maxwell–Boltzmann distribution, where is the unknown population parameter. The natal kick received by the black hole is not the same as this, however, as we assume some of the material ejected by the supernova falls back, reducing the over kick. The final natal kick is where is the fraction that falls back, taken from Fryer et al. (2012). The fraction is greater for larger black holes, so the biggest black holes get no kicks. This means that the largest black holes are unaffected by the value of . The likelihood In this analysis, we have two pieces of information: the number of detections, and the chirp masses of the detections. The first is easy to summarise with a single number. The second is more complicated, and we consider the fraction of events within different chirp mass bins. Our COMPAS model predicts the merger rate and the probability of falling in each chirp mass bin (we factor measurement uncertainty into this). Our observations are the the total number of detections and the number in each chirp mass bin ( ). The likelihood is the probability of these observations given the model predictions. We can split the likelihood into two pieces, one for the rate, and one for the chirp mass distribution, For the rate likelihood, we need the probability of observing given the predicted rate . This is given by a Poisson distribution, where is the total observing time. For the chirp mass likelihood, we the probability of getting a number of detections in each bin, given the predicted fractions. This is given by a multinomial distribution, These look a little messy, but they simplify when you take the logarithm, as we need to do for the Fisher information matrix. When we substitute in our likelihood into the expression for the Fisher information matrix, we get Conveniently, although we only need to evaluate first-order derivatives, even though the Fisher information matrix is defined in terms of second derivatives. The expected number of events is . Therefore, we can see that the measurement uncertainty defined by the inverse of the Fisher information matrix, scales on average as . For anyone worrying about using the likelihood rather than the posterior for these estimates, the high number of detections [bonus note] should mean that the information we’ve gained from the data overwhelms our prior, meaning that the shape of the posterior is dictated by the shape of the likelihood. Interpretation of the Fisher information matrix As an alternative way of looking at the Fisher information matrix, we can consider the shape of the likelihood close to its peak. Around the maximum likelihood point, the first-order derivatives of the likelihood with respect to the population parameters is zero (otherwise it wouldn’t be the maximum). The maximum likelihood values of and are the same as their expectation values. The second-order derivatives are given by the expression we have worked out for the Fisher information matrix. Therefore, in the region around the maximum likelihood point, the Fisher information matrix encodes all the relevant information about the shape of the likelihood. So long as we are working close to the maximum likelihood point, we can approximate the distribution as a multidimensional normal distribution with its covariance matrix determined by the inverse of the Fisher information matrix. Our results for the measurement uncertainties are made subject to this approximation (which we did check was OK). Approximating the likelihood this way should be safe in the limit of large . As we get more detections, statistical uncertainties should reduce, with the peak of the distribution homing in on the maximum likelihood value, and its width narrowing. If you take the limit of , you’ll see that the distribution basically becomes a delta function at the maximum likelihood values. To check that our was large enough, we verified that higher-order derivatives were still small. Michele Vallisneri has a good paper looking at using the Fisher information matrix for gravitational wave parameter estimation (rather than our problem of binary population synthesis). There is a good discussion of its range of validity. The high signal-to-noise ratio limit for gravitational wave signals corresponds to our high number of detections limit. Inference on gravitational waves from coalescences of stellar-mass compact objects and intermediate-mass black holes June 4, 2016 August 27, 2016 / CPLB / Leave a comment I love collecting things, there’s something extremely satisfying about completing a set. I suspect that this is one of the alluring features of Pokémon—you’ve gotta catch ’em all. The same is true of black hole hunting. Currently, we know of stellar-mass black holes which are a few times the mass of our Sun, up to a few tens of the mass of our Sun (the black holes of GW150914 are the biggest yet to be observed), and we know of supermassive black holes, which are ten thousand to ten billion times the mass our Sun. However, we are missing intermediate-mass black holes which lie in the middle. We have Charmander and Charizard, but where is Charmeleon? The elusive ones are always the most satisfying to capture. Adorable black hole (available for adoption). I’m sure this could be a Pokémon. It would be a Dark type. Not that I’ve given it that much thought… Intermediate-mass black holes have evaded us so far. We’re not even sure that they exist, although that would raise questions about how you end up with the supermassive ones (you can’t just feed the stellar-mass ones lots of rare candy). Astronomers have suggested that you could spot intermediate-mass black holes in globular clusters by the impact of their gravity on the motion of other stars. However, this effect would be small, and near impossible to conclusively spot. Another way (which I’ve discussed before), would to be to look at ultra luminous X-ray sources, which could be from a disc of material spiralling into the black hole. However, it’s difficult to be certain that we understand the source properly and that we’re not misclassifying it. There could be one sure-fire way of identifying intermediate-mass black holes: gravitational waves. The frequency of gravitational waves depend upon the mass of the binary. More massive systems produce lower frequencies. LIGO is sensitive to the right range of frequencies for stellar-mass black holes. GW150914 chirped up to the pitch of a guitar’s open B string (just below middle C). Supermassive black holes produce gravitational waves at too low frequency for LIGO (a space-based detector would be perfect for these). We might just be able to detect signals from intermediate-mass black holes with LIGO. In a recent paper, a group of us from Birmingham looked at what we could learn from gravitational waves from the coalescence of an intermediate-mass black hole and a stellar-mass black hole [bonus note]. We considered how well you would be able to measure the masses of the black holes. After all, to confirm that you’ve found an intermediate-mass black hole, you need to be sure of its mass. The signals are extremely short: we only can detect the last bit of the two black holes merging together and settling down as a final black hole. Therefore, you might think there’s not much information in the signal, and we won’t be able to measure the properties of the source. We found that this isn’t the case! We considered a set of simulated signals, and analysed these with our parameter-estimation code [bonus note]. Below are a couple of plots showing the accuracy to which we can infer a couple of different mass parameters for binaries of different masses. We show the accuracy of measuring the chirp mass (a much beloved combination of the two component masses which we are usually able to pin down precisely) and the total mass . Measured chirp mass for systems of different total masses. The shaded regions show the 90% credible interval and the dashed lines show the true values. The mass ratio is the mass of the stellar-mass black hole divided by the mass of the intermediate-mass black hole. Figure 1 of Haster et al. (2016). Measured total mass for systems of different total masses. The shaded regions show the 90% credible interval and the dashed lines show the true values. Figure 2 of Haster et al. (2016). For the lower mass systems, we can measure the chirp mass quite well. This is because we get a little information from the part of the gravitational wave from when the two components are inspiralling together. However, we see less and less of this as the mass increases, and we become more and more uncertain of the chirp mass. The total mass isn’t as accurately measured as the chirp mass at low masses, but we see that the accuracy doesn’t degrade at higher masses. This is because we get some constraints on its value from the post-inspiral part of the waveform. We found that the transition from having better fractional accuracy on the chirp mass to having better fractional accuracy on the total mass happened when the total mass was around 200–250 solar masses. This was assuming final design sensitivity for Advanced LIGO. We currently don’t have as good sensitivity at low frequencies, so the transition will happen at lower masses: GW150914 is actually in this transition regime (the chirp mass is measured a little better). Given our uncertainty on the masses, when can we conclude that there is an intermediate-mass black hole? If we classify black holes with masses more than 100 solar masses as intermediate mass, then we’ll be able to say to claim a discovery with 95% probability if the source has a black hole of at least 130 solar masses. The plot below shows our inferred probability of there being an intermediate-mass black hole as we increase the black hole’s mass (there’s little chance of falsely identifying a lower mass black hole). Probability that the larger black hole is over 100 solar masses (our cut-off mass for intermediate-mass black holes ). Figure 7 of Haster et al. (2016). Gravitational-wave observations could lead to a concrete detection of intermediate mass black holes if they exist and merge with another black hole. However, LIGO’s low frequency sensitivity is important for detecting these signals. If detector commissioning goes to plan and we are lucky enough to detect such a signal, we’ll finally be able to complete our set of black holes. Birmingham science summary: Inference on gravitational waves from coalescences of stellar-mass compact objects and intermediate-mass black holes (by Carl) Other collectables: Breakthrough, Gruber, Shaw, Kavli, … The coalescence of an intermediate-mass black hole and a stellar-mass object (black hole or neutron star) has typically been known as an intermediate mass-ratio inspiral (an IMRI). This is similar to the name for the coalescence of a a supermassive black hole and a stellar-mass object: an extreme mass-ratio inspiral (an EMRI). However, my colleague Ilya has pointed out that with LIGO we don’t really see much of the intermediate-mass black hole and the stellar-mass black hole inspiralling together, instead we see the merger and ringdown of the final black hole. Therefore, he prefers the name intermediate mass-ratio coalescence (or IMRAC). It’s a better description of the signal we measure, but the acronym isn’t as good. Parameter-estimation runs The main parameter-estimation analysis for this paper was done by Zhilu, a summer student. This is notable for two reasons. First, it shows that useful research can come out of a summer project. Second, our parameter-estimation code installed and ran so smoothly that even an undergrad with no previous experience could get some useful results. This made us optimistic that everything would work perfectly in the upcoming observing run (O1). Unfortunately, a few improvements were made to the code before then, and we were back to the usual level of fun in time for The Event. I am a research professor at Northwestern University. I study what we can learn about astrophysical objects like black holes from their gravity, and what we can learn about gravity from astronomical observations. I blog about topics relevant to my research and teaching. Posts cover a variety of levels: try browsing by category to find something of interest to you. Follow Christopher Berry on WordPress.com Can neutron-star mergers explain the r-process enrichment in globular clusters? Classifying the unknown: Discovering novel gravitational-wave detector glitches using similarity learning GW190425—First discovery from O3 Deep and rapid observations of strong-lensing galaxy clusters within the sky localisation of GW170814 12 Astronomy Highlights of Christmas Follow @cplberry Star formation in the Tarantula Nebula Credit: NASA, ESA, ESO, D. Lennon et al., and the Hubble Heritage Team (STScI/AURA) Carina Nebula Panorama Credit: NASA, ESA, N. Smith et al., and the Hubble Heritage Team (STScI/AURA) Martian Dust Devil Trails Credit: HiRISE, MRO, LPL (U. Arizona), NASA NGC 6384: Spiral Beyond the Stars Credit: ESA, Hubble, NASA N11: Star Clouds of the LMC Credit: NASA, ESA, J. Lake (Pomfret School) This work by Christopher Berry is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
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United’s Clever Move to Be Competitive While Obeying Scope with the CRJ550 CF on Feb 7, 2019 Feb 7, 2019 - 41 Comments on United’s Clever Move to Be Competitive While Obeying Scope with the CRJ550 Bombardier, United United put out a press release yesterday touting a big increase in the number of premium seats onboard its aircraft. Some of this (like adding a row to the A319/A320 fleet) is all about being competitive with similar aircraft at American and Delta. But changes on the regional side of the equation aren’t as easy to make thanks to restrictions in the airline’s pilot agreement. So what did United do? It got quite clever and introduced the CRJ550. In the short-term, I get this, but in the long run? It seems like there has to be a better way. What United has decided to do is take 20 of its contracted CRJ700 aircraft that today seat between 66 and 70 seats and shrink those down to hold only 50 seats. If this sounds like madness, it is. But there is a calculated rationale behind it. And it all goes back to scope. Airlines in the US have agreements with their pilots about how many aircraft they can outsource to regional partners with 76 seats or fewer. This restriction is called the “scope clause,” and I’ve written about it previously so I won’t rehash things here except for what’s necessary. American has the least restrictive scope clause because it grows with the total fleet. The airline can outsource two 51 to 76-seaters for every five mainline aircraft it operates. Meanwhile, United and Delta have identical scope clauses that put hard limits on the number of aircraft with 70- and 76- seats, but they use them differently. Since Delta opted to add 88 small mainline jets (originally the 717, now the A220), it can have 70 more 76-seaters than United. So, in the current state of the industry, United has fewer desirable big regional jets than either Delta or American. Where United does have flexibility is down in the land of 50-seat aircraft. It has been growing in small cities a lot lately, so it has been adding 50-seat flying like crazy. There are three problems with 50-seaters. First, they are old and new ones aren’t being made. Second, they are awful for passengers. The small cabins mean that they can only be efficiently operated in all-coach configurations plus the overhead bins are so tiny that they can barely hold anything. Third, without an Economy Plus and First Class cabin, these machines can’t generate the kind of revenue that United could otherwise earn. United’s ability to gain its “fair share” is also made much more difficult without these customer-pleasing cabins. Delta has solved for this problem by upgauging. It has those 110-seat mainline aircraft which can serve markets that were operated by 76-seaters. Then everything else moves up the chain, leaving a small number of 50-seaters in the Delta fleet to work the smallest and shortest of routes where First Class isn’t as important and anything bigger wouldn’t be economical. American, meanwhile, can add more of the 76-seaters, so it is able to work toward a similar goal. Where does that leave United? You can look at any number of markets to see just how bad things are from a competitive perspective, but let’s start with Chicago where United and American go head-to-head. For example: Chicago to: single-cabin flights three-cabin flights St Louis 6 2 1 5 NW Arkansas 3 0 0 4 Tulsa 4 0 0 3 If you’re a Chicago-based frequent flier that goes to these cities, who are you going to fly? You get free Main Cabin Extra on American, but on United it’s not even an option to get Economy Plus, let alone First Class. It’s a big competitive disadvantage. This explains why United wants scope relief. It thinks it needs to put more three-cabin airplanes on competitive routes. The pilots, however, have said, “Hey United, you already have two options. Buy small mainline jets for us and you can outsource more, or let us fly the regional jets ourselves.” United so far hasn’t been interested in either option. This squeeze has caused United to start doing inefficient things. It placed an order last year for the Embraer 175SC. That’s basically an Embraer 175 with only 70 seats onboard instead of 76. United has already hit its cap of 70-seaters at 102, so I figured this order would replace older aircraft. That appears to be wrong. Instead, United is going to take 20 of the CRJ700s that had between 66 and 70 seats and convert those into the new CRJ550. It’s the same airplane, but it’s just capped at 50 seats. I call this the “Great Lakes Strategy.” Yes, it’ll be more expensive to fly a CRJ700 with only 50 seats onboard, but United doesn’t really have another good option to get three-cabin airplanes into those smaller markets right now. The CRJ550 will, unsurprisingly, go into Chicago markets first followed by Newark. United will instantly become competitive with American on routes where today it simply isn’t. Is it inefficient to fly those bigger airplanes with only 50 seats? You bet it is. Just take a look at this seat map: That’s four separate closets you see on that airplane to give people places for full-size carry-ons. There’s also a galley and little bar area for First Class passengers. It’s all pretty silly, actually, but in the short run, this seems like a quick and dirty way to be able to compete for traveler affections. As long as the economy remains good, I can see this configuration working. All that being said, I would much rather see an extra 20 seats on this airplane from a profitability perspective. I’m sure United would as well. If this is a long-term strategy, then I think it’s short-sighted. United needs to grow into smaller mainline aircraft at some point and that should provide some scope relief. But even beyond that, can United really make the argument that flying a 70-seat aircraft with a mainline pilot isn’t better economically than having a regional pilot fly the same plane with 50 seats? I can understand it (marginally) with the 6-seat spread on the Embraer 175SC, but this is whole different ballgame. The pilots must know that they’re in a pretty good place from a negotiating perspective for the next contract. Scope changes will undoubtedly be at the top of the list to discuss. In the meantime, this is great news for those who fly United. Enjoy the luxurious configuration while you can get it. The only loser in the short-term is American since it just picked up a a lot of new competition in markets where it previously had the upper hand. Good for United for doing something creative here, even if it’s just creativity to close the gap with the others. Whether it makes sense or not, it shows some real outside-the-box thinking, and that’s the kind of thinking United needs. 41 comments on “United’s Clever Move to Be Competitive While Obeying Scope with the CRJ550” CAG4Life says: With the empty weight of a CRJ-700 and the 65,000 lbs take off weight cap I don’t see how this aircraft will have the range to fly anything other than extreamly short hops. Range is limited to 900 mi. vs. 1500 for the CR7. Gotta derate those engines and cap the MTOW to help compensate for the 50% higher OEW vs. the CRJ. Contrary to Brett’s speech bubble, this thing may not climb that impressively. Trent Walker says: What’s the OEW of a CRJ-700? 44K lbs. CR2 is 31K lbs. Why would the range be only 900 miles? Judging by the CRJ700 Airport Planning Manual a CRJ700 with 50 passengers (figuring each pax as 180 lbs and 1400 lbs of baggage) it should be ~2400 miles (2100 nm). What is sad is the levels to which UAL management will go in order to not buy a small mainline aircraft or shift some of the large regional aircraft to mainline. They could easily do either one and probably add a few more seats on the E175s which would easily pay for the higher United mainline labor costs compared to the 70 seat version. Looking at the 550, the onboard closets are nice but it will be chaos trying to deplane. And what person sitting on the window seat (1/3 of the passengers) is going to climb over their seat mate to go get a drink on a flight that could be shorter than current CR7 flights because United’s pilot contract which also limits the takeoff weight of 50 seaters, meaning two hour flights are probably about as far as the plane will be able to fly after factoring in taxi delays at Newark and Chicago. The whole point of first class is to be served. Walk up bars on long international flights are there as much for a place to stretch and standup, something not necessary on short domestic flights. Considering that AA, DL and UA’s own current CR7 configurations offer more premium seats (extra leg room coach plus first class), this is a recipe to force regional carrier unit costs up and has nothing to do with adding more premium seats on the CR7 but rather keeping as many regional aircraft in UAL’s marketed fleet as possible. And then finally, you have the labor piece; UAL has been touting improved labor relations with its employees. This is a dagger to the heart of UAL employees in making clear that UAL would rather operate dozens of inefficient outsourced aircraft rather than grow the ranks of UAL employees with more mainline operated aircraft. You can bet that the notion that these aircraft might be converted back to a 70 seat configuration (or close) at some point in the future will be summarily squashed during pilot negotiations. The fact that UAL has signed a 10 year agreement with one of the weaker regional operators shows this is not a short-term strategy and even if UAL intends it to be, there will be significant costs to end the program early. Continental’s excessive reliance on 50 seat aircraft flying long routes was one of their Achilles’ heels and UAL has done little to demonstrate that they want to permanently remove that vulnerability. United does have over 100 mainline aircraft on order. Don’t think you have to worry about them depending on regional changes for that. Smaller markets depend on 50 seaters for any sort of 3 or 4 x a day frequency. With no replacements in site and a limit on 76 seaters, how else do you propose we maintain service? I hardly think that the first class cabin is completely self serve. After the first round of drinks and snacks,, the FA goes to help the second FA on any of the 76 seaters I’ve been on anyway. Every airline that intends to be around has mainline aircraft on order – because they will have to retire some aircraft. And UA will grow its mainline fleet but that doesn’t mean this large RJ in a small RJ body strategy doesn’t limit mainline growth – because it does. I am sure the flight attendant will do service; but again, we are talking fairly short flights so a snack bar is either something just to fill up space or means the service levels are expected to be reduced. I haven’t seen any confirmation but I am not at all sure that these aircraft will have two FAs. Again, the number of premium seats on these aircraft will be within a few of what is currently offered on existing CR7s for UA or other airlines. This strategy is not about adding more premium seats to existing aircraft but rather about increasing the number of regional aircraft UA can fly. and the real issue is that UA doesn’t want to upgrade to more economical two cabin aircraft and upguage existing two cabin regional jets to mainline as Delta is doing. Both have the same scope rules but Delta has more large regional aircraft available because it added small mainline aircraft – and starts service today with the A220, 40 or so of which will be nearly identical in size to the 717. The reality is that Delta has structured its network and its hubs so that 110 seat aircraft work in many places. It is hard to believe that UA couldn’t do the same thing if it wanted. Same for American – they just have a greater ability to use large RJs. Delta is shrinking its regional jet fleet; American and United are growing theirs. I am certain that Delta’s cost to produce a seat mile in the under 125 (737-700 or A319 category) is far lower than United and that gap will grow. When United says it intends to compete for more high end business traffic with a product that cannot be competitive on a cost basis with other airlines, you cannot realistically believe that United will close its margin gap with Delta, which is something they have said they want to do. It’s a 50 seater. There is no second FA. henry LAX says: you know what’s tragic ? DL loyalists taking both sides of every coin … just like in SEA KIX debacle. 8 months ago, no matter how ridiculous their reasoning sounds, they would resort to “delta is profitable so they’re smarter than you” …. fast forward just barely 8 months lately, and already now blaming everyone else for SEA KIX woes. but then again, we’re talking about an airline that doesn’t know how to fly between the top 2 metros globally with the most high net-worth individuals (NYC and TYO), and doesn’t know how to fly to the metro with THE most ultra HNW folks in the world on their own metal (HKG) always thumping on how they’re the premium and premier carrier, and yet falls completely flat with it comes to cities with actual premium demand … reality must sucks for those who have never seen what an actual metro with premium demand looks like. reference : https://us.cnn.com/2019/01/16/success/world-wealth/index.html I’m not sure why you feel a need to drag Asia into the discussion but since you did, let’s get a few facts straight. And since I am the only one who mentioned Delta in comments above yours, I’ll assume your comment is addressed to me even though you mixed in a number of other issues which I didn’t even raise. As for New York to Tokyo, you apparently choose to pretend the whole opening of Haneda and joint ventures don’t matter. They clearly do which is why Delta has been able to rapidly grow its presence in Seoul while maintaining a strong position in Tokyo with 7 gateways to both Tokyo airports. Just for a point of reference, American is operating from just 2 US cities to Japan on a daily basis. Delta has an application with the DOT to add its 5th gateway to Shanghai which would make it with the most US gateways to China’s financial center than any other US airline. Delta is far more profitable across the Pacific than United. Check out DOT data here. https://www.transtats.bts.gov/Data_Elements_Financial.aspx?Data=6 As for the argument that airlines can allocate revenue and costs how they want, the DOT consolidates and releases what the airlines report. The totals add up to the same. United is less profitable in the Pacific and in other regions. Delta is clearly more focused on running a more profitable business than United. Rather than bringing in a lot of side arguments that are far beyond the scope of this discussion, can you not consider that the reason why multiple people – above and below your post – question UA’s decision is because there are many examples from the past and future to see why UA is not choosing the best financial or human relations solution. and UA’s CR550 solution is sub-optimal to both AA and DL as part of their regional jet strategies; AA just hasn’t also chosen to add a small mainline aircraft. What he said! txjim says: This reminds me of the days when AA was trying to compete with Legend airlines out of DAL. 56 seat F100s in a premium configuration that were sold at economy prices. Great while it lasted! The illustration doesn’t show the 700’s aft starboard lav. I will assume it hasn’t been removed to make room for the luxurious seats and closets. 1. Most likely one FA instead of two 2. Easier carry on handling 3. Need for 50 seat aircraft and no reasonable replacements out there 4. Low capital cost for acquiring the aircraft vs 10-15% fuel burn difference 5. Corporate contract negotiating power they have previously lost 6. Higher satisfaction for frequent flyers 7. If it works well, can expand across the network as long term replacement plan for ERJ 145’s and CRJ200’s. 8. Hopefully frees up a few aircraft to start adding feed into IAD. Yep. It’s a loser. ??? southbay flier says: Any time you have fewer seats than what can be placed on a plane, it will mean less revenue per flight unless you can get a premium on those fewer seats. I really find it difficult to believe that any airline can get 70 seats worth of revenue with only 50 seats especially on a short haul flight. Matt D says: All of this babble about “service” and competition? Get serious. All are equally mediocre, as I mentioned in a comment on Tuesdays post. Choosing an airline based on service here in 2019 is like mulling over which tastes better: turpentine or shoe polish. Alex Hill says: I assume this will have one flight attendant? One person handling a ten person F cabin and coach seems like a recipe for not thrilled F customers. Bob E says: This UA announcement brought a smile to my face as I recalled the Avro RJs flown by NW and, for a very short time by DL. They were really the BAE-100 reconfigured from its intended 125-130 seat capacity down to 75 or 85 seats (I forget which). This was used on 350-1000 mile hops and was a favorite of this business flyer. All elites plus anyone who smiled nicely at the Gate Agent was upgraded to a first class section that stretched nearly as far as the eye could see when entering the airplane. When seated after work in a comfortable first class seat with 40 inches of seat pitch and a drink in hand, who cared about the troubles of the day. That thousand plus mile trip from MEM-LGA was made a pleaure even thoug one was sitting in that noisy old Avro RJ rattletrap. This is not much different from that as UA is putting lipstick on their Canadian pigs in order to attract flyers who are easily seduced by that sort of trollope. Delta saw very quickly that it was a losing proposition and so will UA. Chris P Bacon says: It’s been 10 years, your memory has gotten cloudy. NW flew the RJ85 (not a BAE-100) with 69 seats (not 75 or 85). The name RJ85 referred to the intended seating config (85, not 125-130). The first class section had 12 seats (same as a Embraer 175 today). NW parked the planes shortly after filing Ch11. They pushed Mesaba (who flew the RJ85) into bankruptcy shortly thereafter. During bankruptcy, NW reached an agreement with their pilots, and created Compass Airlines to fly the Embraer 175. The RJ85s were parked before NW emerged from CH11, and long before the merger with DL. The RJ85 was long gone before the merger was even announced. chris JayB says: I despise, “hate” perhaps is a little strong, UA’s excessive (my word) use of contracted-out regional service, except, except, except, for that local, or connecting smaller/lessor traffic communities to/from hubs, those occasional off-peak, frequency-purpose, fill-in flights, or that tag-along or tail-end service that isn’t large enough to justify continuing mainliner service. I despise contracted-out/operated in lieu of type service because of the smaller aircraft, crammed cabins, less overhead space, and what I view is lesser quantity of onboard service and quality with which cabins are being maintained. I question that these airlines meet the same financial, experience, pay level standards of UA itself. “Customer-focused,” NO! I read about this yesterday and did a fair bit of head scratching over this move with the RJ’s. Thank you Cranky for breaking it down. I’m still perplexed on the move. As a frequent DL traveler I’ve been on several 717’s over the past couple years. When DL bought those I was thinking why but now that I’ve been traveling on them, and not a RJ, all I can say is “I get it.” I get that UA wants to do something quick but in all honesty a massive order for the A220 would be more impressive. This is a band-aid that will fall off. Ian L says: +1 on “United needs to get over themselves and grab some A220s”. As mentioned, DL has figured out how to make that size of plane work…AUS for example relies on 717s for MSP and DTW flights, and I imagine they’ll be throwing A220-100s into the mix as soon as there are enough to sufficiently invade other carriers’ hubs. With all that said, I don’t mind RJs…as long as they’re E-Jets. I’ll take an E75 over a 737 all else equal. But I haven’t flown on a CRJ in nearly eight years if memory serves, and I’m perfectly happy keeping it that way. Though I suppose a CR7 is preferabble to an E45, no matter how many seats is on the former. So, I’m confused… is this simply an interior retrofit of existing CRJ-700’s, or is this an introduction of a new type “based on the CRJ-700 platform” (as described by Bombardier)? In other words, is GoJet getting new aircraft or new interiors? Basically just a new interior though Bombardier had to recertify it for 65K MTOW to satisfy scope restrictions. Swinter – What he said. It’s just a CRJ700 but they had to take down the weight, so that’s technically a new type, I guess. That’s a paper change, so these airplanes are really just getting new interiors. So then the release from Bombardier is totally misleading, in that they haven’t actually sold new airframes here? Well that’s not entirely clear. I think they are offering it for sale for those who want it, but I’m not sure if United has committed to anything beyond the existing airframes. swintner says: That seems like an important distinction to me. If Bombardier is offering to extend the life (physical or practical) of its existing birds with this move (a la the 737 COMBI program or the MD-10 program), that would be an entirely different value proposition and market strategy than attempting to grow in the market (which is what their release appears to be positioning this move to be). To CF’s original point, the current 50-seaters “are old and new ones aren’t being made.” So, is this an attempt to address that problem by making them, or a patch to solve a scope problem for United? I suppose we don’t yet know, but that’s the most curious question here to me. AK Lurker says: What about a combi? BBD might be gun-shy about a combi after the Q-400 sold so few units, but the only major Q flyer in the US also does not have a scope clause. Passenger1 says: Easy solution, have the mainline pilots fly the Embraer 175 and have the regional guys do 50 seats or less. Creating more jobs at mainline United and helping with the pilot shortage from a career perspective of a future pilot deciding on the career. The passenger is going to pay for this as it will be a higher price ticket for a short flight to pay for those 550’s. Greed at it’s best. I wonder how much ground they have to make up in order to “compete” with AA in ORD when AA has just about dropped all its Pacific flying and only has one year round European market. To be fair, AA kind also has Madrid and Helsinki on Alliance codeshares. But United and Star Alliance’s European network does offer vastly more direct options. What are you doing, Scott and Oscar? Get some 220s. If you don’t want to pay new aircraft costs, get some more 737-700s or 319s. United already has the highest proportion of regional flights compared to AA and DL and now it wants more? Do they…do they not like money? Because this is how you not make money. malbarda says: Am I missing something? The refurbished planes are less economical to fly, but that loss will be made up by the ability to sell first and prem eco seats on flights that are 30 to 45 minutes long? And having this option will magically peel people away from American who already has this option? I would think that most of these flights are feeder flights. If you’re a United loyalist, you’ll fly them anyway, even if you have to sit in economy for 30-45 minutes to connect to your biz class or prem Econ class seat on your mainline United flight. You wouldn’t book two tickets on two different airlines, i.e. American on the short hop and United on the next, longer flight, because of hassles involved. And if you’re an American loyalist, you wouldn’t switch to UA regardless of the offering. So why is this an idea that makes UA more competitive? I guess time will tell if the CRJ550 is a sound business decision or a “keeping up with the Joneses” mistake. Malbarda – I think you’re looking at flights a lot longer than 30 to 45 minutes. Take Chicago to NW Arkansas as a perfect example. That’s Wal Mart country, so it’s a big business market. It’s also just shy of a 2 hour block time. Or even more than that, take this example of a market I didn’t even use in the post: NY to St Louis. The flight is under 900 miles with a 3 hour block time and it’s flown by 4 daily 50-seaters now. Delta and American have bigger airplanes from LGA These are markets where there is real opportunity to shift share. Beyond that, remember, United already ordered some of the Embraer 175SC airplanes to fill the 70-seat category. It already has the max of 102 airplanes in that category, so at least some of these CRJ700s would have to be kicked out of the fleet if not converted to 50 seaters. Cranky: I get your point that longer segments are included. But I am still not clear on the economics of this. The option for UA to sell more profitable seats should compensate for (a) fewer seats and (b) a less economical cost of flying (the plane itself)? And all of this because UA can now pull premium pax away from competitors who already offered these services (with more economically viable planes flying the route)? I’m guessing AA could perhaps lower prices a bit on their premium offerings on the same route, as their planes are more economical. And that would make it even harder for UA to make this plane “work”. As I said, time will tell… malbarda – Remember the option for UA to sell more profitable seats doesn’t compensate for fewer seats. UA can’t add more 70 and 76 seat airplanes, so it has to be served by a 50 seater short of adding mainline. So assume these routes will be served by 50 seaters no matter what. Can UA make more money by flying 3 classes on a plane built for 70 seats vs flying 1 class on a plane built for 50? That’s the bet that they’re making, and I tend to think it’s probably an easy win right now. There are lots of seat-miles flown and dollars paid by people who are either a) neither United nor American loyalists or b) fly so often that they are both United and American loyalists, especially in Chicago. United should try to be competitive for those groups. Plus they want people to be United loyalists, and having an inferior product to American (an impressive achievement in itself!) is not a good way to make people United loyalists. And frequent flyers based in small outstations who have to connect through ORD every trip can be lucrative (one example: MSN-based Epic consultants, in addition to Cranky’s Wal Mart employees), and if they have the choice of flying a 50 seat CRJ-200 or a more comfortable ERJ-175/CRJ-700/CRJ-550 every feeder flight, they’ll go for the latter. Bick Rowen says: United pilots have no reason to give up their jobs in such relatively good economic times. United-ALPA need only hold a firm position across this and another contract cycles for inflationary monitory policy to force United acquisition of a mainline small narrow body. Pedro Gonsalez says: A question: With the self-serve bar in the front, and a minimal F/Y divider, whats gonna keep E+ folks from wandering up to fix themselves a scotch and soda while the sole FA is handing out pretzels in the E- section? Life is good! Leave a Reply to malbarda Cancel reply The One Thing That Really Bothers Me About Basic Economy American, Delta, Fares, United American, Delta, and United Earn a Cranky Jackass for Forcing Travelers to Overpay for Multi-City Trips American, Cranky Jackass, Delta, United United’s Reservation System Switch Goes Well With Only Minor Glitches Mergers/Finance, United
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AN INTERVIEW WITH AVIK GANGOPADHYAY Avik Gangopadhyay, Indian author of repute already has 30 published books in English and Bengali to his credits. His uncommon treatment and interdisciplinary approach to Aesthetics and Theories of Literature, Language and Criticism, Death of Languages, not-so-discussed historical issues, Philosophical and religious ‘ISMS’, Indological studies, Editorial endeavour in 6 books of poems and short stories – received wide and unique critical attention in India and abroad. He started showing early signs of a potential author from the age of just 8 years. Innumerable poems were written in late teens. His works started seeing esteemed publications since 1996. First book was published in the year 2000. Criticspace: Welcome to Criticspace Journals, Avik. Many congratulations on your wonderful book Love in Siesta. What response are you getting on your work from the readers? Please share your experience with us. Avik Gangopadhyay: Thank you so much. Very positive indeed. Readers who shared their views have praised most my handling of Time and characters and my exploration into the pre-civilization dystopia. The sheer beauty of the world unseen has tempted some to propose for their adaptation to short films. Some of the readers see the book to be a combination of success marked by respect, not only as a literary writer, but also having elements to teach would-be writers, specially in dealing with so little available elements. It is encouraging. With humility I accept all words of accolades. Criticspace: There is a considerable amount of details related to many things in the background. How extensive was this and what was the most interesting aspect of your research? Avik Gangopadhyay: Knowledge of psychology and narrative techniques helped me to weave situations. Study of cultural anthropology, archeology and gerontology made the situations realistic when themes are set in distant past. The sense of language and characterization comes from conscious reading and creative imagination, using mono and di-syllabic names, a supposed trend in the primitive ages, helped to create the mystery of gender or asexual identity. As science fiction or future-centric writings are ample at hands but not so many with Time past, it was a challenge that I consciously undertook. Visualization was vital, I think I have passed in that section, at least feedback from the readers and critics assure the same. Criticspace: Which of the stories was the most difficult to write? Avik Gangopadhyay: Obviously the stories set from 8000 BC to 1100 AD: The Lost Yearn from the Charnel House, On the Heels of Fortune, The Primeval Lust, The Amoral Incests and The Conscientious Epicurean. What do we actually know about these times? Do we know how people shared emotions, how instinct and intellect played their respective roles? Only guessing everything as “wild” is a poor conjecture. So realistic imagination, supported by the insight into the history of instinct, lust, love, possession, when woven intricately and are allowed to interact, the trick is done. I chose the situations, the characters and let them ripe. I didn’t interfere with my logical acumen into the happenings of those men and women of the distant past. I enjoyed the hindrances. It was more than an exploration. More of a sojourn I should say. Criticspace: Did you find difficulty in mixing and matching various characters and their own back stories with the available subplots? Avik Gangopadhyay: No, not really. As each of my stories is not peopled by numerous characters, and characterized by a focused theme, there are not much space for the concept of matching. Theoretically, these are short stories, with singleness of aim or purpose or intent, their own back stories or conventional flashbacks are represented through retrospective narration. Mixing too cannot be a calculated one, as I have already said, I chose the situations, the characters and let them ripe, and consciously I didn’t interfere. Criticspace: Did you find any difficulty in mixing and matching various characters and their own back stories with the available subplots? Criticspace: Do you use story boarding or mapping processes to develop your plots and interactions, or do you go with the flow and follow your instinct? Avik Gangopadhyay: Well, it is a mental mapping and following a psychological trajectory, usually I am used to. Brooding is a process I really enjoy. There is an emotional gratification from the very beginning whenever I am into it. I see my own literary instinct, likes and dislikes, test sense of artistry-as if rejoicing in creating a world, first of ideas, then images and then of words. I never used story boarding or mapping processes to develop plots and interactions. I haven’t tried yet. Criticspace: The readers might be interested to know about your taste in literature. What kind of books do you like? Apart from fiction, do you also like to write motivational books or other genres? Avik Gangopadhyay: I am an avid reader of books and treatises on interdisciplinary studies, Aesthetics and Theories of Literature, Language and Criticism, not-so-discussed historical issues, Philosophy and religious ‘ISMS’, Indological studies, cultural anthropology. In literature alone I venture a lot: from classics to poetic drama, through short stories and poetry of varied genres.I am an avid reader of books and treatises on interdisciplinary studies, Aesthetics and Theories of Literature, Language and Criticism, not-so-discussed historical issues, Philosophy and religious ‘ISMS’, Indological studies, cultural anthropology. In literature alone I venture a lot: from classics to poetic drama, through short stories and poetry of varied genres. Well, I am an author of 30 published books in English and Bengali. My first book “Quest for Uncertainty” was published in the year 2000. I have contributed on topics like Language Death, Diaspora and Trauma Literature, The Transcreative Psyche, Demystifying the Aryan Invasion Myth, Evolution of Aestheticism, which have earned me appreciation from Edinburgh University (Scotland, UK), Henrich Heine University (Germany), Sorbonne University (France), Indo Canadian Diaspora Confederation (Canada), Centre for Revitalization of Endangered Languages (NY, Canada), Asia-Europe Foundation (Singapore), Library of Poetry (USA), Raad O Barendra Bhasha Shongskriti Chorcha Porishad (Bangladesh), Varendra Research Society (Bangladesh) & Varada Sidhhi Peetham (India). I also take additional interest in Sanskrit, French and German Languages and translate topics of interests from and into them from English, Bengali and Hindi. It has been interdisciplinary studies that consumed my focus. My long association with psychology, cultural anthropology, philosophy, history, popular science, comparative religion, treasures of antiquity, photography and documentation had shaped both my creative and critical psyche; newspaper write ups on art and literature, book reviews are flavoured by my interest in the fields mentioned above, surface in Daily Observer, Daily Mail, The Japan Times, The Connexion, Le Visage, Pembroke Observer, National Post, The Bangladesh Post & The India Observer. My post and opinion editorials address dire global and regional issues. Criticspace: How much time do you spend on writing compared to promoting your books? Avik Gangopadhyay: Sorry, I have devoted least time for Promoting. Lately I realised, I need it badly. I am just into it. But 2 to 3 hours I spend on writing every alternate day, if not daily. Criticspace: What authors have you most admired and have had an influence on you? Avik Gangopadhyay: Bengal, my part of the world, has produced a galaxy of class writers in world literature. I am very much born out of it All the ancient epics of the world, selected Greco-Roman drama, works during the Italian and European Renaissance, late Victorian, modern and postmodern poets, novelists and dramatists across the globe including Asian literature have had immense influence on my creative and critical bent. My father, late Manab Gangopadhyay, a novelist extraordinaire, known for creating “an idiom of mind”, has shaped all that I am and will be. Criticspace: We found your writing skills are of international level. It is lucid and content is rich. How you look Indian way of writing in the 21st century? What changes do you see in the modern way of writing? Do you feel it has been changed by the time? Avik Gangopadhyay: Humbled. So nice of you to say so. Indians have their identifiable narrative style. Own choice of themes too. 21st century themes and linguistic trends will naturally dominate. Conventional plots will wither; themes will be more particular than universal. Modern thinking, feeling, willing will make way. New life styles will bring new treatments and understanding. These have already started happening. Yes, there is a sea change in approaching art and literature as a whole. It is bound to happen. One cannot arrest changes. Indian literature is less literary these days, as western critics echo. Criticspace: Are there other books being worked by you? What after the Love in Siesta? Please tell me about your future projects. Avik Gangopadhyay: O yes, presently I am nearing completion of a book on the Glimpses of Indian Languages. I am also completing a novel set on two thousand years before Christian era. Criticspace: All the best for your future and this book too! Thanks for answering my questions, Avik! Avik Gangopadhyay: Thank you. Most welcome. Hope to talk to you again sometime in future. AN INTERVIEW WITH MADHAV THAPAR | CRITICSPACE JOURNALS AN INTERVIEW WITH MANJULA ASTHANA
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47632.000m Number of days when wind speed exceeded storm force (Beaufort Scale 10) in 2015 The ocean storm index estimates the number of days in a year when wind speeds exceed gale and storm force on the Beaufort Scale. In a gale, sea conditions are rough and waves can be over six metres high. In a storm, waves can be over 10 metres high. To put this into context, on land a near gale would make walking difficult, and a storm would cause some damage to roofs, chimneys, and trees. Climate change could lead to changes in the frequency and intensity of storms. More frequent and intense storms will likely be a stressor for habitats and species. The ocean storm index estimates the number of days that wind speeds exceed gale and storm force on the Beaufort Scale. The Beaufort Scale is a widely used international classification that rates sea conditions from 0 (calm) to 12 (hurricane). We report on estimated wind speeds broken down to: - gales – measure 8 on the scale, have rough sea conditions with wind speeds of approximately 62–74 km per hour and wave heights of 5.5 metres - storms – measure 10 on the scale, have wind speeds of approximately 89–102 km per hour and wave heights of 9–11.5 metres (McDonald & Parsons, 2016). This dataset relates to the number of days when wind speed exceeded storm force (Beaufort Scale 10) in 2015. 1. Data quality information for Number of days when wind speed exceeded storm force 288 KB pdf Environmental Reporting > Marine > Ocean acidity and climate change BOUNDARIES, ECOLOGY-Habitat, FAUNA-Vertebrates, MARINE, MARINE-Biology, New Zealand, Our Marine Environment 2016 ISO 19115/19139, Dublin Core About 47632.000m Raster Query API, Catalog Service (CS-W), data.govt.nz Atom Feed Imported on Oct. 14, 2016 from GeoTIFF in WGS 84. Copy and paste the following code to embed this layer as a single map in your blog or website: <iframe src="https://data.mfe.govt.nz/layer/53464-number-of-days-when-wind-speed-exceeded-storm-force-beaufort-scale-10-in-2015/?embed=1" width="400" height="350" frameborder="0" scrolling="no" marginheight="0" marginwidth="0" style="border: 1px solid #808080; overflow: hidden;"><a href="https://data.mfe.govt.nz/layer/53464-number-of-days-when-wind-speed-exceeded-storm-force-beaufort-scale-10-in-2015/?source=embed">Number of days when wind speed exceeded storm force (Beaufort Scale 10) in 2015</a> from <a href="https://data.mfe.govt.nz/">MfE Data Service</a></iframe><br /><small><a href="https://data.mfe.govt.nz/layer/53464-number-of-days-when-wind-speed-exceeded-storm-force-beaufort-scale-10-in-2015/?source=embed" style="color:#00f;text-align:left">Number of days when wind speed exceeded storm force (Beaufort Scale 10) in 2015</a> on <a href="https://data.mfe.govt.nz/" style="color:#00f;text-align:left">MfE Data Service</a></small>
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2019 Fall Town Hall Meeting In November, Director Stephen J. Chanock, M.D., welcomed staff to the Fall Town Hall meeting to talk about new developments in the Division, and to recognize accomplishments over the past six months. In recognition of the launch of the 2019 Combined Federal Campaign, many staff wore their favorite hats. Dr. Chanock gave special tribute to staff who have made substantial contributions and service to the Division with the following awards. DCEG Fellows Awards for Research Excellence (D-FARE) The DCEG Fellows Award for Research Excellence (D-FARE) provides funding for travel to scientific meetings or conferences to fellows who have made exceptional contributions to research projects. These contributions may include formulating research ideas, developing study designs, conducting fieldwork and analysis, or interpreting results. Each of the recognized fellows also must have played a major role in drafting a manuscript. This year had more submissions than ever before, with a total of 33 abstracts. Back: Catherine Lerro, Joe Shearer, DongHyuk Lee, Stephen Chanock, Oscar Florez-Vargas, Yei Eun Shin, Brittny Davis Lynn Front: Parichoy Pal Choudhury, Erikka Loftfield, Nina Rao, Minkyo Song, Maisa Pinheiro Thirteen winners were chosen by members of the ad hoc DCEG committee: Brittny Davis Lynn, Ph.D., M.P.H. "Associations between quantitative measures of TDLU involution and breast tumor molecular subtypes among breast cancer cases in the Black Women’s Health Study" Oscar Florez-Vargas, Ph.D., M.Sc. "Carriers of the germline GSTM1-deletion are at increased risk of bladder cancer risk but have high rates of tumor-infiltrating M1 macrophages and more favorable survival outcomes" DongHyuk Lee, Ph.D. "A semiparametric kernel test of independence with excessive zeros and application to mutational signatures" Catherine Lerro, Ph.D., M.P.H. "Hog farming is associated with differences in the oral microbiota" Zhiwei Liu, Ph.D. "HLA Zygosity influences risk of and survival from hepatocellular carcinoma among patients with HBV infection" Erikka Loftfield, Ph.D. "A prospective investigation of serum bile acids and risk of colon and liver cancer" Parichoy Pal Choudhury, Ph.D. "Prospective validation of the extended BOADICEA breast cancer risk model in the Generations Study" Maisa Pinheiro, Ph.D. "Detection of somatic hotspot mutations in cervical precancerous lesions using cervical exfoliated cells" Nina Rao, B.S. "Exploring the etiology of FGFR3 mutations in non-muscle invasive bladder cancer" Joe Shearer, Ph.D., M.P.H. "A nested case-control study of circulating per- and polyfluoroalkyl substances and risk of renal cell carcinoma in the Prostate, Lung, Colorectal and Ovarian Cancer Screening Trial" Yei Eun Shin, Ph.D. "Efficient assessment of risk model calibration when the validation cohort has missing variables" Minkyo Song, M.D., Ph.D. "Associations of anti-parietal cell and anti-intrinsic factor antibodies with gastric cancer risk" Diana Withrow, Ph.D. "Trends in non-malignant brain tumors in the USA during 2004-2016: real or artifact?" 2020 NCI Director’s Intramural Innovation Awards Rena Jones, Stephen Chanock, Sarah Jackson, Yongli Han The NCI Director’s Intramural Innovation Award Program is designed to support development of highly innovative approaches and technology aimed at significant cancer–related problems. Novel proposals from either CCR or DCEG with the potential for high impact, the potential to generate new intellectual property or technology, an emphasis on health disparities research, or which are considered too high-risk or preliminary to pursue within the base budget allocation are encouraged. The program offers one-time awards for use in the next fiscal year. Four DCEG scientists will receive their awards in March at the PI retreat as listed below. Principal Investigator Awards Rena R. Jones, Ph.D., M.S. "A nested case-control study of circulating per- and polyfluoroalkyl substances (PFAS) and ovarian cancer in the prostate, lung, colorectal and ovarian cancer screening trial" Career Development Awards Yongli Han, Ph.D. "Statistical approaches and software development for cancer risk prediction with longitudinal biomarkers" Sarah S. Jackson, Ph.D. "Pilot study to identify transgender individuals within electronic health records" Clara Bodelon, Ph.D., M.S. "Mutational landscape of in situ breast cancers in relation to invasive breast cancers" Matthew Mille, Abigail Ukwuani, Sara Schonfeld Special Appreciation Award Each year, the Division recognizes staff members who have gone above and beyond the regular call of duty and provided a tremendous service to their Office, Branch, or the Division as a whole. For their hard work and a successful 2019 Radiation Epidemiology and Dosimetry Course Dr. Chanock recognized three individuals. Matthew Mille, Ph.D. Sara Schonfeld, Ph.D., M.P.H. Abigail Ukwuani, M.P.A. NIH Green Lab Certificate Stephen Chanock and Ludmila Prokunina-Olsson The NIH developed its first Green Labs Program in 2018, to increase awareness of sustainable laboratory practices and recognize laboratory personnel for embracing those practices in their day-to-day activities. The NIH Sustainability Management Team awards Green Lab Certificates to each lab that applies to the program and meets the criteria of a green lab. The Laboratory of Translational Genomics, headed by Ludmila Prokunina-Olsson, Ph.D., is the recipient of the 2018 NIH Green Lab certificate. By being good stewards of NIH resources and reducing our impact on the environment, the lab staff demonstrated their commitment to the NIH. Brittny Davis Lynn and Joe Shearer Receive Coleman Minority Health and Health Disparities Research Innovation Award Amy Berrington Presents at Harvard Center for Radiation Sciences Annual Symposium If you would like to reproduce some or all of this content, see Reuse of NCI Information for guidance about copyright and permissions. In the case of permitted digital reproduction, please credit the National Cancer Institute as the source and link to the original NCI product using the original product's title; e.g., “2019 Fall Town Hall Meeting was originally published by the National Cancer Institute.” Linkage Newsletter
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Tag: Jerry Jones NFL national anthem policy: Kenny Stills, Robert Quinn want free speech Kenny Stills wants the NFL to have no policy on the national anthem. (AP) DAVIE — The simplest and most ideal solution Kenny Stills is offering amid the NFL’s national anthem policy debate is to get rid of it altogether. The league and the NFLPA are discussing revisions to the rules the owners enacted in March, and the mandate for players to stand or stay out of sight is on hold for now. The two Dolphins players who have demonstrated in the past, Stills and defensive end Robert Quinn, are waiting for that resolution until they decide how they’ll handle the anthem this season. But if they had a say, it’d be an easy choice. [RELATED: Exclusive photos from opening day of Dolphins training camp] “I’ll just say one thing: It’s called freedom of speech,” Quinn said when asked what should happen. “Simple as that. It’s freedom of speech.” Stills agreed, saying, “Obviously I’d like to see there be no policy at all, and the guys have a choice to go out there and do what they want to, and we can support each other and the decisions we want to make.” This was the first time Quinn and Stills have spoken to the media since the Dolphins drew national attention last week when an Associated Press report indicated they submitted documents listing suspension as a possible penalty to for violating the anthem rules. The team later said it hasn’t made a decision on the policy yet, and the NFL and the union are continuing to discuss a potential resolution. Dolphins coach Adam Gase said he’s waiting until something comes down from the league, but can’t envision a player being suspended over the national anthem. The impasse didn’t stop Cowboys owner Jerry Jones from declaring that his players will be required to stand for the anthem and won’t have the option of remaining out of sight. “I wouldn’t expect anything different,” Stills said of Jones. Quinn and Stills said there hasn’t been much dialogue with management about the issue and their attention is centered on preparing for the upcoming season. The Dolphins opened training camp today and play their first preseason game Aug. 9 at home against Tampa Bay. Stills has worked frequently with owner Stephen Ross in social justice efforts and appears to have had a good relationship with him during his four years playing for the Dolphins. He hasn’t spoken much with Ross about the national anthem issue since last season. Quinn, who came in on a trade with the Rams this offseason, said he’s never discussed it with Ross. “No one brought it up,” Quinn said. “Until we have a discussion, that’s just where it is right now. If the topic comes up, then it comes up. But right now, I’ll hold my opinion to myself and try to do my best to make this football team better.” While Stills kneeled the last two seasons, Quinn raised a fist during the anthem last year. The NFL’s no-kneeling policy did not specifically address an action like Quinn’s, though it could be covered under the requirement to “stand and show respect for the flag and the anthem.” [Five Miami Dolphins problems Adam Gase needs to solve in training camp] [With a chance to make Dolphins roster, rookie LB Mike McCray retires before training camp] [Dolphins defensive end Cameron Wake philosophizes on what it takes to be elite] Author Staff WriterPosted on July 26, 2018 July 26, 2018 Categories 2018 Regular Season, 2018 training camp, Jason LieserTags Adam Gase, dailydolphin, Jerry Jones, Kenny Stills, Miami Dolphins, National anthem protest, Robert Quinn, sports, sportsfront, Stephen RossLeave a comment on NFL national anthem policy: Kenny Stills, Robert Quinn want free speech
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PRE-View: Noumenon Dance Ensemble’s Spring Preview Noumenon Dance Ensemble was founded in 2014, and since then the company has worked steadily to increase their impact on, and their outreach to, the community they are part of as the resident company at Dance Avondale. They are especially dedicated to their “mission to elevate female dance artists”, and at their Spring Preview (Wednesday, April 18 at 7:30pm at Chicago’s Links Hall), they will present works by choreographers Kristi Andarcia, Kristi Licera and Artistic Director Alia Montijo, along with guest dance company South Chicago Dance Theater. We asked Alia to tell us more about this unique company and their dedication to a very positive, proactive view of the art of dance. Here’s what she shared with us: NDE is a unique voice in the Chicago dance scene because of its staunch commitment to its mission Johnny Nevin: Can you tell us what we’ll be seeing at the Noumenon Dance Ensemble Spring Preview — about some of the works that you’ll be performing, and about the choreographers and the company? Alia Simon Montijo: Noumenon Dance Ensemble (NDE) is an exclusively female dance company, resident on the northwest side of Chicago at Dance Avondale. Its mission includes the support and upward mobility of women and other minorities in the professional dance arts. In its upcoming concert Spring Preview, NDE will premiere 4 new pieces of repertoire commissioned between January and April, 2018 by female choreographers. Each new piece explores a different theme brought to life through different movement techniques and qualities. By the versatility and capability of NDE dancers, Spring Preview includes jazz, Horton-based modern, and partnering techniques. NDE is a unique voice in the Chicago dance scene because of its staunch commitment to its mission; the all-women cast of dancers, directors and choreographers provide a platform for the safe exploration, creation and presentation of art from the female perspective. Spring Preview will feature the work of NDE choreographers: Kristi Andarcia, Kristi Licera and Alia Montijo with guest dance company South Chicago Dance Theater and live musical accompaniment from revered Burlesque singer and producer Brooklyn Britches. Choreographically, I feel tremendous motivation to create work that reflects the impact of the strength of community. Johnny: At Dance Avondale and the resident Noumenon Dance Ensemble, you seem to be especially involved in the community that surrounds you. Can you tell us a little more about this relationship? What kind of impact does your community involvement have on the choreography that Noumenon Dance Ensemble develops and presents? Alia: I inherited NDE in August 2015, and at that time I decided to channel my humanitarian drive towards a dance company exclusively for the achievement of women, mothers who are practicing artists and other minorities who’s voices are under-represented in the professional dance arts. Over the past 3 years, NDE has upheld this mission and I felt compelled to expand the reach of the mission. By partnering with the Chicago Park District, NDE created Dance Avondale, a dance studio committed to providing the highest quality of dance education that is available to all interested students by being financially accessible and culturally sensitive. Avondale is predominantly working-class neighborhood, rich in diversity and 2/3 of all inhabitants have children under the age of 18. Dance Avondale was created to serve this population and in-turn help to expand the demographic of private-studio dance education. Choreographically, I feel tremendous motivation to create work that reflects the impact of the strength of community. My new choreographic work premiering at Spring Preview called They Tried to Bury Us (They Didn’t Know We Were Seeds) is an artistic manifestation of the power of minority voices joined in solidarity. Noumenon Dance Ensemble will present their Spring Preview on Wednesday, April 18 at 7:30pm at Links Hall, and tickets are available online from Links Hall. PHOTOS (from top): Noumenon Dance Ensemble Spring Preview (Poster created by Agency at Columbia College Chicago) • Noumenon Dance Ensemble (Photo by MReid Photography) • Noumenon Dance Ensemble (Photo by MReid Photography) • Noumenon Dance Ensemble (Photo by MReid Photography) Alia Simon MontijochoreographyConcert DancedanceKristi AndarciaKristi LiceraNoumenon Dance Ensemble
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+254 725 1151252info@dandelionafrica.org Girls for Leaders Boys for Change SRH & Rights Rights Way Foward Dandelion Medical Centre Home / blog / BOYS FOR CHANGE It’s on a Tuesday afternoon, easy like a Sunday morning. The weather is a bit bleak and raw all thanks to the current raining schedule. However, they are outside despite the frosty condition with their warm hearts. Young, determined and selfless. They are the change makers if you ask me: talk of men power. Meet Collins Odhiambo and Simon Wainaina, who both at the tender age of 19 and 17 years old respectively developed an FGM Training manual and the main theme being retrogressive culture of female genital mutilation (FGM). In an interview with this writer, they shared what has been like living in a community that embraces FGM and what made them take an extra mile of venturing into book writing; something they had no idea about. “I’m so overwhelmed being here with my friend Simon talking about this journey we started together. Sharing our story to the world today is like a dream come true. To be honest, we feel so honored.’ confesses Mr. Omondi “I was born and raised in Athinai estate, Mogotio Sub County from a very humble background. I’m currently in form three at Athinai secondary school.”Narrated Mr. Omondi The 19 years old outspoken boy says that he has always been passionate on matters to do with girls and their rights and the same sentiments were echoed by his counterpart Mr. Wainaina who resides in Nakuru County. “I currently stay in Njoro Sub County but I was also born and brought up at Athinai estate. I’m the last born in a family of 12 and I school at Tarakwet secondary school.” said Mr. Wainaina. He added: “We’ve been brought up in an environment that glories FGM. It’s unfortunate to report that the situation was worse some years back but we are glad there has been positive progress since Dandelion Africa came in.” The chatty boys confessed that they had the willingness to change the situation but did not have the knowhow on how to go about it. “However, all these changed the day we joined Dandelion Africa in 2014 under the Boys for Change program. The organization gave us an opportunity to fulfil our dream, to pursue our path of passion. After going through various trainings on life skills, FGM, effects of early marriages, good governance and rights, we approached the Executive Director Mrs. Wendo who asked us what we thought we could do to pass our message on the things the organization had taught and trained us about. We had a couple of other ideas but what came out strongly was the curriculum writing idea. As result, we did settle on the idea and brainstormed on it together.” shared Mr. Omondi “You or any of your family members may not have practiced female genital mutilation, but that is not enough reason to keep silent about it. You need to speak out against it to discourage others from the practice because when you circumcise a girl child, you affect her womanhood.” Joseph Osuigwe After a month or two the boys had their book out. Who would have imagined! Mr. Wainaina says that having the pleasure of introducing themselves as authors is something they are so proud of. He would like to be a Journalist in future while Mr. Omondi has an interest in the Film Production industry. “We appreciate Dandelion Africa for going out of their way to make our dream of writing and publishing a book possible. All costs and technical support concerning the book was entirely handled by the organization. We just shared our manuscripts with them and alas, what they gave us back was a book. We have not just written about FGM. Other topics covered includes early marriages, school dropouts’ menace and also health matters such as STIs. However, the meat of the book is all about FGM since from our own research we found out that FGM is more of the root causes of all other tragedies. This is because, once the girl has been circumcised, she is ready to be married as young as she is and this leads to issues such as school drops etc.” said Mr. Wainaina “The fall of a community is not caused by the foolishness of the bad people but is caused by the silence of the good people.” Collins Omondi
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LinuxDevCenter: MusE MIDI Sequencing for Linux Submitted by Robert Jonsson MusE is an extensive Open Source MIDI and audio sequencer for Linux, based on Qt. The developers have been interviewed by O'Reilly. For those interested in some background information about MusE, MIDI and audio development on Linux, be sure to check it out. A progress report for the coming 0.7.2 and 1.0 releases has also been posted to the MusE website. Also look at rosegarden Rosegarden (www.rosegardenmusic.com) is another qt-based midi program. IME it is a bit more stable, and the notation editor is much nicer, however muse has much better jack integration. But it's definately worth trying both. By mikeyd at Mon, 2005/05/23 - 5:00am Re: Also look at rosegarden Okay then these -- altough they dont use qt, nor KDE -- are deffinitly worth a peek: http://bloodshed.net/wired/?sid=5 http://ardour.org/ [ funny the screenshots DO show kde desktops :) ] More info on sound apps for linux, read this article: http://www.osnews.com/story.php?news_id=1511 Or get over-informed by this website: http://linux-sound.org/ Personally, by judging from the screenies i think wired [http://bloodshed.net/wired/], is woking on something like Ableton Live, which currently gets more and more mindshare from the live performing musicians. _cies. By cies breijs at Tue, 2005/05/24 - 5:00am Well, I can't call rosegarden stable. In the last (quite a few ) tries I was quite dissapointed with rosegardens' stability. They added jack support, and since then I couldn't manage to get it working for more than a few minutes without freezing my machine completely. (while other similar software like muse didn't). The only real way I could figure out was disabling sound completely (not only jack). But then it would be rather useless, wouldn't it? I just wish MuSE had a decent score editor too... By Unai at Tue, 2005/05/24 - 5:00am It has: http://mscore.sourceforge.net/ By Wilbert at Wed, 2005/05/25 - 5:00am MusE had a score editor but it was removed since the author, Werner Schweer, found it to be a technical deadend. MScore is a redevelopment of a score editor for MusE. It does read MusE score files (or so it is planned anyway), it is still in it's infancy but already quite usable. If technically possible it will make a return in a future version of MusE. By Robert Jonsson at Wed, 2005/05/25 - 5:00am Wow, thanks! By Unai at Wed, 2005/05/25 - 5:00am If it's really problematic, recompile without jack support. It's still very useful as a midi program without jack. By mikeyd at Wed, 2005/05/25 - 5:00am What I miss under Linux is a tool such as Band-in-a-BOx, a software which made it from the ATARI and covers what musicians really need. It has no clean design but all the features other solutions lack. It is a wasted effort to catch up with cubase and so on. Bazaars are bad for building cathedrals. At least when everybody knows how the ready cathedral shall look like. By Gerd at Tue, 2005/05/24 - 5:00am It is nice to finally could say: "The state of Linux audio synthesis _was_ in need". Between MusE, Rosegarden, Audacity and Hydrogen, those so inclined could finally get down to the essence, instead of continually titubating between half-finished, feature-incomplete, not-quite-always-compiling tradition of things in this domain. Congrats, MusE team! I believe there's an important need inside KDE to coopt people like the MusE team (we already have a staunch supporter and contributor in Rosegarden's Guillaume Laurent). Converging to a better choice of multimedia infrastructure and producing a set of native KDE apps that would cover the bases and fill the (few) remaining gaps could be the major tasks for a to-be-enhanced multimedia task force (see http://www.kde.org/areas/multimedia/). By Inorog at Tue, 2005/05/24 - 5:00am Re: Congrats! > It is nice to finally could say: "The state of Linux audio synthesis _was_ in need". Hmm... Rosegarden is *very very* slow. MusE requires a kernel patch. (Wtf? Similar programs on windows/mac don't patch their kernels.) And more to the point, I've never got MIDI to even output sound. Don't know what is wrong with it, or where to start troubleshooting. Even the linux midi howto doesn't give any help. I'd say it needs some work. Looks like it is getting closer to usable though. The new MusE interface is definitely better than the old one. There must be some misunderstanding. MusE does not require any kernel patch, though there are patches that enhance the realtime performance, lately the kernel has taken huge leaps in performance improvement, since 2.6.10 you get along quite well with a standard kernel. As for MusE needing some work, yes of course, we are far from finished. But it is already stable enough to be able to comfortably create music (depending somewhat on your style of work). About your midi problems, no idea, the midi-howto is very old I think. I recommend trying the linux-audio-user mailinglist available here: http://music.columbia.edu/mailman/listinfo/linux-audio-user By Robert Jonsson at Fri, 2005/05/27 - 5:00am MusE does not require any kernel patch Oh. I was mislead by your wiki! http://www.muse-sequencer.org/wiki/index.php/Installation#Software Includes the realtime module in software requirements... By Tim at Fri, 2005/05/27 - 5:00am I pretty agree with the parent comment. From my point of view, it is much more simpler to install and run a webserver than a simple music app like Muse (yeah, simple. Very simple. Reason is complex -but 1000000 times simpler to have running on win-). Have tried during hours to make the midi works, but it still f... Muse is interesting ; but if I could use it it would be much more interesting ! Sure, there are how-to, but at minimum a level of professionnal sys-admin is required to follow them. So there are much more improvements to do in this direction than having always more features. If you write apps for musicians and no musician is able to install it, then you lost. I don't know any musician that use Linux Apps ; however most of them know computers very good, but this is simply a nightmare to have an application working. Musicians are not Geeks, they don't want to patch their kernels and start module and install packages, they want to make music with the computer. Understand that and you will write the killer app. By Stephane Rodet at Sun, 2005/05/29 - 5:00am [OT] KDE 4 drops arts??? I wonder what will be the default SOUND System for KDE 4.x, arts seems to be dropped! How about ALSA support, which is fast. By fr_dude at Tue, 2005/05/24 - 5:00am Re: [OT] KDE 4 drops arts??? KDE has a policy of being system-neutral. ALSA is Linux-specific. If KDE depended directly on ALSA, it wouldn't work on BSD, for instance. That's where aRts came in: to provide sound abstraction. KDE plugs in to aRts which plugs in to OSS (or whatever your system provides). There is an ongoing debate about what sound system to use for KDE4, it seems. There was some hubbub about it at the last Konference. From memory, the idea is that aRts is deprecated: the sole developper that built it is gone, and it's difficult (actually, it bordered closer to "impossible", I think) to maintain. So they're either going to either rebuild it from scratch, or pickup Gstreamer. Scott Wheeler, author of JuK among other things, made some KDE bindings for Gstreamer. Personnally, I think it'd be cool if KDE picked up Gstreamer. It's a very powerful multimedia framework with lots of activity around it, it has already been picked up by GNOME, and it remains desktop-neutral! Unfortunately, because it's a framework, and not directly an audio sink (which ALSA and OSS are), the latency problems you had with arts are there to stay... As the KDE team will probably add an extra layer to it (to manage events for instance?), it's not going to get better :( By other_fr_dude at Tue, 2005/05/24 - 5:00am > So they're either going to either rebuild it from scratch, or pickup Gstreamer. NMM (http://www.networkmultimedia.org/) was mentioned as possible choice, too, and from what I've heard the demonstration last year made quite an impression. It's written in C++. OTOH having a common multimedia framework with GNOME would simplify things... But many of the pros and cons of either solution have already been discussed on the mailing lists. See the archive on http://lists.kde.org/ . By cm at Tue, 2005/05/24 - 5:00am > KDE has a policy of being system-neutral we also need codecs, among other media gadgets. ALSA doesn't provide those even if it were x-platform. > they're either going to either rebuild it from scratch this has a snowball's chance in hell of happening. it would make pretty much zero sense to repeat the same mistakes over again (trying to incubate a sound system within KDE) when viable solutions already exist (something that wasn't true with aRts came around). > or pickup Gstreamer. this is highly more plausible, though not the only option being considered at this time. > As the KDE team will probably add an extra layer to it seeing as where the layer will be and what it will be used for, i highly doubt this will matter By Aaron J. Seigo at Tue, 2005/05/24 - 5:00am Just a small note here -- Tim Jansen actually did almost all of the work on the bindings. I just came after him and generated the source packages; JuK was also the only thing using them at the time. There's a lot that could be talked about here relating to media frameworks, but it's not worth repeating everything that's been said on the mailing list and elsewhere. See here http://dot.kde.org/1101293677/ for a discussion of some of this stuff. That said, it should be noted that things like ALSA *aren't* media frameworks and don't compete with things like aRts, GStreamer, NMM, etc. The latter are all high level frameworks to simplify dealing with the lower level more complicated issues like, well, dealing with output drivers directly. By Scott Wheeler at Tue, 2005/05/24 - 5:00am A question: Is Jack an option? For me, it seems to handle all the needed applications and OSs? http://jackit.sourceforge.net/ Jostein By Jostein Chr. An... at Thu, 2005/06/02 - 5:00am Alsa is a Linux-only solution. By Luciano at Tue, 2005/05/24 - 5:00am > How about ALSA support, which is fast. The "L" in ALSA means it's Linux-only. KDE runs on a lot more system than just Linux. Here's a bit about sound in KDE 4: http://cvs-digest.org/index.php?issue=sep242004 Thanks "cm" and "Other_fr_dude" for your replies, I am eagerly waiting for KDE 4 with great sound compatiblity with other non-kde apps and awesome performance. I hope whatever they choose has support for Solaris. I wrote the Solaris ARTS driver a number of years ago and it has continued to work well. It is especially useful since Solaris does not have anything like ALSA and in general has fairly limited audio support. By Aaron Williams at Thu, 2005/05/26 - 5:00am
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Pick up Artists can be Female Too - Top Tips for PUAs It’s about “getting out, meeting people, increasing your numbers, and building a better social life for yourself.” When you hear the term “pickup artists,” what—or who—do you envision? If you’re anything like me, you think of men: Slithery, sexist men banded together to forge underground alliances of high-fiving bros, with the solitary shared goal of bedding women. But thankfully, pickup artistry is beginning to broaden beyond the boys’ club. Leading the female-PUA pack is Arden Leigh, a Las Vegas-by-way-of-NYC “seduction siren” and author of The New Rules of Seduction. With her perfectly winged black eyeliner and penchant for PUA strategy-speak like “attraction switches,” “social proof,” and “opening the set,” Leigh is turning the pickup game on its head by translating it into a proactive approach that women can use to shamelessly chase what they want. We asked Leigh, London-based pickup coach Kezia Noble, and NYC’s “guru of all things love” Amy Van Doran for a few of their best tips on, yes, picking up men. Keep in mind—this isn’t about desperation or cheap sex. “It’s not about finding men to sleep with,” Leigh says before qualifying, “though if that’s a woman’s goal, I support her in that.” Rather, it’s about “getting out, meeting people, increasing your numbers, and building a better social life for yourself.” 1. GO SHOPPING. Add this to the sad-but-true files: “Men who are in relationships usually don’t bother with grocery shopping,” Kezia Noble notes. What does this means? Your next fling might be no further than the Whole Foods’ dairy aisle. Same goes for men who are clothes-shopping. “If they go clothes-shopping, nine times out of 10 their girlfriends [are] with them, so look out for men shopping on their own—this is a good way to see if they’re single,” she explains. (Other top spots to scout for men are gyms, museums, and libraries.) For her part, Arden Leigh recommends doing things in groups and having a “fulfilling social circle.” She suggests joining “a running club, chess club, or philosophy meetup; wherever you think you’ll find people with similar interests. 2. MAKE SURE YOUR EXTERNALS MATCH YOUR INTERNALS. By now we all know that looks aren’t everything (right?). But your physical appearance and the way you dress convey messages about what’s important to you—including what kind of partner you’re potentially looking for. “Knowing your type is important,” Amy Van Doran says. “Dress to what your taste is; make sure your external marketing matches your internal marketing.” With her trademark shock of red hair, Van Doran suggests wearing things that grab attention and serve as an automatic ice-breaker. 3. EYE CONTACT IS EVERYTHING. Noble suggests distinctly making eye contact if you spot a man you’re interested in: “Women need to remember that behind all that cocky banter, men are actually incredibly frightened of women.” Initiating eye contact can help give the poor fellow a little courage. 4. SO ... TO APPROACH OR NOT TO APPROACH? Imagine you’re knee-deep in Barnes & Noble’s magazine racks when you spot a fetching artist type sipping his latte across the aisle. You’ve made eye contact; now what? Leigh names three approach options. An “indirect approach” involves you tweaking your body language to signal that you're open to him approaching you—try standing “in his peripheral vision and [hoping]” he comes over. Then there’s the “semi-direct approach,” which works if the man is with friends—here “you’d go up and say something to one of the friends because you're not as nervous around them.” The third method is a “direct approach,” or walking right up to the guy. (For what it’s worth, Leigh usually opts for the indirect approach herself.) 5. TAILOR YOUR CONVERSATION TO WHERE YOU ARE (AND WHO HE IS). When you’re striking up a conversation with a man, remember that “you’d speak very differently to a guy in a rock band than to a day trader out at a club—they have different social mores,” Leigh says. She recommends tailoring your pickup approach based on a man’s “attraction switches” (the specific qualities he’d need to see or sense in a woman to be interested in her). She suggests asking men about what they’re passionate about—especially the little-known, more obscure things. 6. REMEMBER, YOU’RE DOING HIM A FAVOR. In any situation, being proactive and making the first move is, Leigh notes, “an act of generosity.” Whether that means exchanging looks or standing tall, sucking it up, and making a direct approach, Leigh wants women to remember that putting themselves out there can be scary, but it’s worth it. Amy Van Doran seconds that: “The key is thinking of it like you're doing someone a favor—think, ‘You're welcome! I’m amazing and I need to be in your life.’” Plus, she reminds us, confidence is alluring on any gender: “A calm self-assurance is very sexy if you're picking up guys.” 7. TRY A LITTLE KINDNESS. If you think “negging” is a solid way to worm your way into someone’s heart, think again. The classic male-PUA move (which uses vague insults to undermine a woman’s self-confidence, arguably making her more insecure and vulnerable to the PUA’s charms) “only works to attract people with low self-esteem,” Van Doran explains; don’t bother using it on dudes. Instead she suggests a heaping dose of good old-fashioned niceness when you’re trying to talk to a man—no game-playing necessary. 8. CRASH AND LEARN. One of the biggest factors that hinders women from going for and getting the men they want is a natural fear of being shot down. Leigh urges women to stop letting their fear of rejection rule. “Go out and have fun,” she says, “and don't be afraid to crash and burn—or, as we say, crash and learn.” Van Doran concurs: “My friends who are most successful [at picking up men] don't take the nos personally; they only count the yeses.” 9. DON’T BE AFRAID TO BE VULNERABLE. Letting your guard down a bit can be super-attractive for any gender. Who doesn’t love catching a glimpse of someone’s secret side? “A very alpha woman who can show a more tender, vulnerable side is intoxicating, and so is a shy or introverted woman who can demonstrate a more passionate or naughty side,” Noble explains. 10. SERIOUSLY, STOP OVERANALYZING. One of women’s biggest trip-ups when it comes to sex and dating, Leigh says, is getting too fixated on details instead of focusing on the bigger picture. “You have to look at the big picture. Is he showing up? Is he treating you respectfully? Is he putting in effort?” Van Doran agrees, saying, “Being too outcome-motivated is not good.” It’s hard, we know (oh, how we know!), but it’s best to stay in the here and now. Excerpted from Laura Barcella, Elle.com Feb 21, 2014 Once you have hooked up with that certain someone, why not schedule a great vacation together with Dream Pleasure Tours? Dream Pleasure Tours – Specialists in couples only travel and vacations, swingers travel and vacations, swingers tours, swingers trips, adult only travel and vacations. Desire Resort Cancun Desire Pearl is a 5-star resort located just south of Cancun along the beautiful Riviera Maya Coastline. Desire is an All-Inclusive, Couples Only, Clothing Optional and Lifestyle Friendly Resort. Learn more and book Desire Pearl Hedo II For more than 30 years, Hedonism clothing optional resorts have enjoyed a reputation for shattering inhibitions and provoking the kind of behavior people don’t talk about in polite circles. 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Home » Analysis Ethical Concept: Craft Vodka By Holly Motion Consumers love ‘craft’, but are producers abusing the notion? Holly Hotion investigates THE DEFINITION OF ‘CRAFT’ is fluid and as such is open to misuse and abuse. “The industry is struggling to put a lasting definition on ‘craft’,” says Adam Rogers, manager of information services at Beverage Information Group. “In one way, the concept is being used as a catchphrase to lure consumers to purchase. This is why so many products are encountering class action lawsuits claiming that they are not handmade or small batch.” Thankfully, for American Craft Spirits Association president Thomas Mooney, the concept is rock solid – a craft distiller is one who actually produces something, who is smaller than the industry’s largest players, is independent and operates with the highest ethical standards. Rock solid, but there is room for adjustment at the margins, Mooney says. “The 315,000 9-litre-case volume limit will one day be too small because of market growth and the evolution of the craft segment.” Not quite as rock solid as initially thought. It’s easy to see why a 26-acre operation that produced 850,000 cases last year, raking in an estimated $85m in revenue, is being asked to justify its handmade claim. Some think taking the craft method and multiplying it on a larger scale bastardises the notion of handmade, whereas others are more amenable. Lucy Shannon, global brand manager at Reyka – a small batch vodka hand-crafted in Iceland, according to its bottle – says: “It is a very delicate subject and I think where craft excels is when it is honest. “Brands such as Hermes have been successful as they have consistently communicated their brand presence within that category. They do it so beautifully at scale but it hasn’t damaged the brand.” Craft vodka contributes only 0.3% to total US vodka sales. Whiskey and gin each contribute 2% of sales in their respective categories, according to ACSA. A tiny slice of the action, but analysts predict that craft spirits will contribute at least 10% of industry volume within a decade. Vodka’s growth is less encouraging, according to Mooney. “Most craft distillers see little reason to go into a declining category due to tremendous disadvantages in terms of marketing and distribution, where product differentiation is marginal at best.” The ACSA asks its members to lead by example and says it “works to diligently resolve” any misleading statement but acknowledges there is work to be done to tackle the issue. Mooney adds: “There is rampant abuse of the terms ‘craft’, ‘small batch’, ‘artisan’ and ‘handmade’ among others. And, producers large and small have chosen to mislead.” Craft is powerful and signs indicate it will continue to gain in popularity as a counter culture and a desire for higher quality prevails. If producers and consumers alike struggle with the definition of craft and handmade, perhaps quality will be the focus rather than costly battles on a “rock solid” meaning that is, at best, permeable. Keywords: American Craft Spirits Association, Craft Vodka, Ethical Concept
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Directors Centre Boardroom Process Teams and People Adventure Bar Cardinal Path Bigham’s Search Knowledge Centre articles: What Are Your Favourite Business Books? Posted: June 15, 2016 by Robert Craven Warren Cass asked me to write about three books that I think are great (“my favourite business books”) as part of his ‘Big Business Book Month‘. Should be a doddle I thought as I’ve just put the finishing touches to two chapters for a book on Business Gurus (you’ll have to wait to find out who I wrote about). To spice things up I have decided that maybe a better title than “my favourite business books” (see this link also) would be “the books I lend out the most” because this reflects the interests of my clients and colleagues. So, my list of the books I lend out the most is as follows: Seth Godin: Purple Cow PC asks the crucial question, “How can you make your business remarkable ie worthy of being talked about?” Godin argues (as I do in Bright Marketing) that the key to success is to find a way to stand out. The book claims that we have now moved into an era where markets are largely satisfied, and that to be noticed a product and its marketing need to be remarkable to be seen at all, let alone to sell. In his language, you need to be the purple cow in a field of monochrome brown cows. Godin’s blogs and articles always entertain and challenge. For a taster take a look at In Praise of the Purple Cow He reminds us to keep looking and searching and questioning and to not accept the status quo as being good enough. Tim Ferriss: The 4-Hour Work Week 4HWW is like Gerber’s E-Myth plus Covey’s Seven Habits but all on steroids – the tagline says it all: “escape 9-5, live anywhere, and join the new rich”. A challenging read and not everyone’s cup of tea. Ferriss explains how to follow a step-by-step process to get yourself a ‘luxury lifestyle’. He advocates using the available tools (that usually tend to actually complicate things) to become more effective and filling your personal time with the things you really want to have. Ferriss concedes ‘much of what I recommend will seem impossible and even offensive to basic common sense’. Statements such as “everything popular is wrong… be unreasonable… cultivate selective ignorance, interrupt interruptions, management by absence” give you a feel for his approach. The idea of mini-retirements is promoted as an alternative to the ‘deferred life’ career path where many people work their 9-5 until they get to retirement in their 60’s when they are too old to enjoy what the world has to offer. Bo Burlingham: Small Giants Again the tagline says it all: “companies that choose to be great instead of big”. 14 companies that choose not to grow just to sell-up. (See more here) There is an alternative to the dream of the big exit strategy; you can choose instead to avoid the pursuit of endless growth deciding to focus on more satisfying business goals, being the best at what they do, creating a stimulating place to work, and pursuing perfect customer service. Postscript: I’d like to thank Warren for the invitation. On reflection, a couple of points: It is curious that all the books come from over the Atlantic – can’t the UK compete or is it just that I like their style and their attitude? Godin, Ferriss and Burlingham are by no means flawless. Their work is presented as work-in-progress, warts and all. What I love about them is how they get me to think about my businesses and those of my clients. Interestingly enough, while Burlingham is a safer read, it is the companies he describes that are so stimulating All these books kick against the status quo Good books (or at least these books) tell you exactly what they talk about on the cover. previous post: Three Little Words next post: Mojo Rising © 2020 · Directors’ Centre | Privacy Policy | Terms and Conditions
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You are here: Home / Readers Forum / All I Care About is People All I Care About is People May 22, 2019 By eJP By Malka Fleischmann Some of what unfolded at last week’s first Chicago-based Jewish Futures conference, co-sponsored and executed by our team at The Jewish Education Project and our partners at UpStart, affirmed well-trodden territory in the field of Jewish ed. But some of it, for me, wrenched loose fresh questions about the power balance between teacher and learner or between those who are more literate and those less so. The central idea being explored – the power of information and how shifting power impacts Jewish education – asked participants to consider the educational implications of current trends and inclinations being expressed among our youth, chiefly the desire to reinvent ritual and create more of a DIY Judaism, one that doesn’t cede all power to traditional curricular materials, sacred text and highly literate teachers. During a speaker panel featuring Jewishly-engaged students and young professionals, when asked what turns them away from wanting to participate in a Jewish experience, Moishe House Without Walls Program Manager, Liza Moskowitz, explained that the lack of democratization in Jewish education is her personal sticking point. She bemoaned “I know and you don’t” power dynamics and described the way in which her organization seeks to empower all participants and make them feel like they have access to their tradition, regardless of their level of expertise and knowledge. Soon thereafter, another panelist said, “I’ve only once been asked about what I want to learn in high school, and it was the first time I felt a sense of obligation.” And, before the panel’s closing, another student explained that his most passionate exploration of Judaism was through a comparative studies lens, an AP World History course onto which a Jewish Thought curriculum had been mapped. These, of course, aren’t revelatory or surprising feelings, but, taken together, they had me wondering about the ways in which we generate a sense of access and about the sources of power within our tradition. When I think about the dynamics at summer camps where, even in the most observant of institutions, it’s not necessarily the most Jewishly literate who are head counselors, but often the most camp-literate, I wonder why we can’t better mimic those dynamics elsewhere. Whether veterans or newbies, the kids who run the show – running their camp communities, however transient they may be – exhibit the most spirit, drive and ideological commitment. They’re not usually or necessarily scholars. Still, though, there is a literacy curve in camps. One has to know the age-old cheers, the weird traditions, the inside jokes, the nicknamed facilities. But the barrier to entry is lower. And something happens at camps that doesn’t happen across all Jewish communities and in all experiences of Jewish life. People become the primary content. In summer camp, there is an unspoken agreement between veterans and newcomers. If you join us, we’ll embrace you. Many times, throughout my many years at Jewish summer camp, I would watch a doe-eyed outsider enter a summer session quietly and uncertainly and leave as the most popular and beloved staffer, having absorbed inherited camp culture and having won the hearts of fellow staffers and campers by sharing some of his own traditions and cheers. All he had to do in order to find his place was remain open to newness and share of himself. The “text” that all camp attendees then learn becomes the comparative internal study that is the exploration of oneself against and within the strange and wider world of machane. What makes camp so successful is exactly why that panelist fell passionately in love with Judaism in a comparative studies context. And it is exactly why, when given the opportunity to write his own curriculum in Jewish Studies, the other panelist felt a surge of responsibility towards his learning. All of these opportunities and contexts allow for the dialoguing of one’s own thoughts and intuition with a larger institution or tradition, and, it is that contribution of one’s voice that grants access and a sense of obligation. As if to say, “I, myself, offer a critical, fresh and valued commentary to this established thing. I, myself, am the content.” To close our conference, we invited Rabbi Benay Lappe to talk about her journey towards establishing SVARA. She defined the word, svara, as moral intuition and went on to quote one of her favorite sayings about education: “As teachers, we think we’re teaching what we know. We hope we’re teaching what we believe. But we can only ever really teach who we are.” Over and over again, Lappe insisted that the key to inviting educational settings was a teacher’s constant assumption that he or she was there as co-learner and that students didn’t assume their teacher knew it all. And, when I asked Lappe how we get the unaffiliated and non-literate through the doors of established or more traditional Jewish settings, she said that people were her best advertisement for the exploratory Talmud study she offers. Once again, people as content. If we allow people to be the primary content – their lenses and instincts interpreting traditions and texts against the backdrop of our ever-changing wider world cultures – we preserve and reinvent what feels remote and inaccessible. And if we allow people to be the primary content in their exploration of Judaism, no one can ever protest or defer because he or she is not literate enough. After all, if I, myself, am the content, I am essential to this tradition. The Jewish Education Project will co-sponsor its next Jewish Futures conference in San Diego on May 30th. To learn more and register click here: leichtag.org/the-hive/west-coast-jewish-futures-conference/ The Jewish Education Project’s national Jewish Futures conferences are made possible through the generous support of the Jim Joseph Foundation. Malka Fleischmann is the Director of Knowledge and Ideas at the Jewish Education Project. Filed Under: Readers Forum Tagged With: The Jewish Education Project, UpStart Adam Weisberg says Beautifully put and deeply deserving of our consideration and action. Thanks Malka!
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Whiskers for Playground Royal Mile Primary School Local businessman, Andrew Burnett is wearing an elaborate moustache for a week to raise funds to help his daughter's (Alexa) school raise funds to build a new playground. Andrew had grown a beard over a number of months and took to Facebook to ask friends to donate toward the school fund and in return they could suggest the half-way style before he returns to being clean-shaven. Andrew said, "Royal Mile Primary School is the only primary in Edinburgh's Old Town and it is a brilliant school but doesn't have equipment for the children to play on. If me looking stupid for a week can raise a few pounds for the fund then it will be great!" The Royal Mile Primary School, originally known as Milton House School, is situated on the Canongate in the heart of Edinburgh, the only operational primary school left within the historic Old Town. The school wants to build a modern playground complete with various climbing structures, space to run around in and quiet corners. This would not only enrich the lives of the current student body but would enhance the lives of many future generations of children as well. The school has a target of £60,000 and has already raised over £17,000 through a Go Fund Me page https://www.gofundme.com/RMPSplayground SCT_EEm_Whiskers_for_Playground_Edinburgh_RD02122016023.JPG Whiskers playground Andrew Burnett Alexa daughter Royal Mile High School Go Fund me Milton House School Canongate Whiskers for Playground | Edinburgh | 2 December 2016
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Summer Pipeline Programs Behavioral Support Intervention Team (BSIT) Bursar - Student Accounts University Press (Requires Login) Faculty Convocation University Press (login required) Research at MUSC Facebook social link Twitter social link Blog social link Instagram social link Instagram YouTube social link YouTube Student Organizations Conduct Standards of Conduct for Student Organizations About MUSC University Provost Colleges and Degrees Dental Medicine CDM Academic Policies CDM Course Descriptions CDM Financial Information Dental Medicine Scientist Master of Science in Dentistry MSD in Digital Dentistry Digital Dentistry Admissions MS in Dentistry Endodontics Endo Admissions MS in Dentistry Orthodontics Ortho Admissions MS in Dentistry Periodontics CGS Academic Policies Cert in Clinical Research CCR Admissions CCR Curriculum CGS Course Descriptions CSG Financial Information CGS Registration Information MS in Biomedical Sciences MS in Clinical Research MS in Medical Sciences PhD curriculum PhD in Biomedical Data Science CHP Course Descriptions CHP Credentialing CHP Graduation Requirements BS in Healthcare Studies MS in Cardiovascular Perfusion MS Cardiovascular Perfusion PP MS in Health Informatics MS in Occupational Therapy MS in Physician Assistant MS in Speech Language SLP Curriculum Master Health Administration Doctor Health Administration Doctor Nurse Anesthesia PostB Doctor Nurse Anesthesia PostM Occupational Therapy Doctorate Occupational Therapy Doctor PP PhD Health and Rehab Science Master in Public Health Medical Scientist MD and Clinical Research MD MCR Curriculum Accelerated BS in Nursing MS in Nursing Doctor of Nursing Practice PhD in Nursing Psych Mental Health Cert PMHC Curriculum Nursing Educator PharmD and Health Informatics PharmD HIN Curriculum PharmD Admissions Clinical Pharmacy Practice Interprofessional Courses Honor Code Council Honor Code Violations Charges 2019 to 2020 Classification: University – Student Organizations Approval Authority: Executive Vice President for Academic Affairs and Provost Responsible Entity: Associate Provost for Educational Affairs and Student Life Policy Owner: Darlene Shaw, PhD Original Effective Date: April 12, 2019 Recognized student organizations are expected to demonstrate the values of compassion, collaboration, respect, integrity, and innovation set forth by the MUSC enterprise. This policy identifies standards of behaviors that demonstrate professionalism, but it is not intended to be all-inclusive. The colleges and programs may have additional policies and requirements related to professionalism, and organizations are responsible for being knowledgeable about and complying with the professionalism standards set forth by their colleges and programs. This policy sets forth the requirement that each college and the Office of Student Programs and Student Diversity will establish a procedure, which includes the elements described below, for addressing allegations of failure to comply with this policy. The Office of Student Programs and Student Diversity will adjudicate allegations related to university-wide recognized student organizations. Each college will adjudicate allegations related to college-specific organizations, which they have approved. These processes may vary. II. Scope This policy applies to recognized student organizations, i.e., those organizations that are officially approved by either the Executive Director of the Office of Student Programs and Student Diversity or the Dean's Office of one of the six colleges. III. Approval Authority The Executive Vice President for Academic Affairs and Provost is the approval authority for this policy. IV. Purpose of This Policy All MUSC-approved student organizations are expected to adhere to the ethical standards of their professions and uphold the values of MUSC. This policy aligns with the standards of professional behavior for individuals as outlined in the Policy on Professionalism and Standards of Conduct for Students. This policy is meant to be consistent with enterprise-wide policies related to organizations and regulatory and compliance standards. V. Who Should be Knowledgeable of This Policy All students, college deans and associate deans, advisors, faculty, and staff who interact with student organizations should be knowledgeable about this policy. VI. The Policy A. MUSC-approved organizations are expected to demonstrate the values of compassion, collaboration, respect, integrity, and innovation set forth by the MUSC enterprise. Recognized student organizations, whether approved by the Executive Director of the Office of Student Programs and Student Diversity or one of the six colleges, are expected to promote these values and adhere to this policy. B. All recognized student organizations are required to adhere to the requirements, guidelines, policies, and procedures described in the MUSC Handbook for Student Organizations. C. All incidents related to violations of this policy by recognized student organizations (university­wide and college-specific) are to be reported to the Executive Director for Student Programs and Student Diversity or the College Dean. The College Dean will inform the Executive Director for Student Programs and Student Diversity of any such reports. The college will address any reports of college-specific organization violations unless a conflict arises wherein the Office of Student Programs and Student Diversity may be asked to address the report. The Office of Student Programs and Student Diversity and each college will establish a written and published process whereby reports of policy violations by recognized organizations will be handled in a manner consistent with the minimum requirements set forth in this policy. D. Organization behaviors that demonstrate professionalism include, but are not limited to, the following actions as related to the five enterprise-wide values: • Advocate for the well-being and concerns of those MUSC serves • Demonstrate an attitude of service by putting the needs of those MUSC serves above their own • Be attentive, respectful, empathetic, and responsive in caring for the needs of those MUSC serves • Promote inter-professional and interdisciplinary collaboration and understanding • Communicate in a direct and respectful manner • Hold each other accountable for appropriate behavior • Respect the individuality, privacy, and dignity of each other and those MUSC serves • Demonstrate regard for persons in authority • Demonstrate regard for differing values and abilities among peers, other healthcare professionals, and those MUSC serves • Demonstrate respect by responding to requests (written, verbal, e-mail, telephone) in a timely fashion and complying with established verbal and written deadlines • Provide a welcoming environment for all • Show respect for all colleagues • Support equality and inclusion • Maintain an ongoing dedication to honesty and responsibility • Be trustworthy by acting in a reliable and dependable manner • Recognize the limitations of their expertise • Demonstrate stewardship by exercising custodial responsibility for MUSC resources • Demonstrate accountability for decisions and actions • Support and create a culture of discovery and innovation by asking and accepting questions • Encourage ideas from others • Contribute new ideas and encourage discovery for the purpose of continuous improvement, problem solving, and learning E. Hazing is not consistent with MUSC's five core values and is prohibited by state law. All students and student organizations are prohibited from hazing. An organization commits an offense of hazing if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. F. Any member of the University community, including a victim, participant, or witness, who suspects any violation of this policy will report the incident to the Executive Director of the Office of Student Programs and Student Diversity who will notify the appropriate administrative leaders (e.g., College Dean, Title IX Coordinator, MUSC Legal Counsel, and Public Safety). In situations of alleged hazing, MUSC Legal Counsel, Title IX Coordinator, and/or Public Safety must be notified. For college-specific recognized organizations, individuals should also report incidents to the college dean's office. G. Each college and the Office of Student Programs and Student Diversity will have in place a written and published Organization Review process to address reported violations of this policy to include anonymous reporting. The Recognized Student Organization will be presumed to be non-culpable until the investigation is complete. However, the College and the Office of Student Affairs and Student Diversity retain the right to implement a temporary suspension of the organization to allow for an investigation, if deemed appropriate. The Organization Review process will include the following elements. (Refer to the Handbook for Student Organizations for additional information about the Organization Review process.) • A statement as to whether the organization or a student may have an advisor present at any meetings, to include whether the advisor is permitted to speak on behalf of the organization/student and whether they are limited to an advisory capacity. The statement will specify whether an attorney is permitted to serve as an advisor. • Procedure for reporting unprofessional conduct including, but not limited to, conduct that may place an individual, the college, the University, or the enterprise in jeopardy • Process for documenting, tracking, accessing and addressing reports • A process for investigating a report/complaint when an investigation is conducted • Application of "a preponderance of evidence" as the standard of proof if an investigation is conducted • A process to determine findings and sanctions, if appropriate • An appeal process VII. Special Situations The Office of Student Programs and Student Diversity will establish a standing committee to adjudicate matters related to violations allegedly committed by a recognized university-wide student organization. This committee will also be responsible for adjudicating all allegations of hazing. The committee will include representation from the dean's office of two colleges, legal counsel, and the Office of Student Programs and Student Diversity. When hazing is alleged, the committee will determine whether the allegation represents a violation of MUSC Policy and/or South Carolina State Code, both of which prohibit hazing. The committee does not determine whether an alleged incident represents a violation of the by-laws of a national/state/local organization. That determination is made by the external organization. Any sanctions issued by the national/state/local organization are separate from sanctions imposed by MUSC. The Dean's Office will be responsible for adjudicating matters related to violations allegedly committed by a college-specific recognized student organization. The Title IX Officer is responsible for adjudicating all matters related, but not limited to, Title IX, sexual harassment, and gender discrimination. If, based upon the Organization Review, an individual student is perceived to have potentially violated the Policy on Professionalism and Standards of Conduct for Students, the student will be referred to the dean of their college and subject to the college's process for addressing alleged violations of the Policy on Professionalism and Standards of Conduct for Students. VIII. Sanctions for Non-compliance If the governing authority finds a Recognized Student Organization responsible for violating this policy, the governing authority will determine if sanctions are appropriate. Sanctions include, but are not limited to, a written reprimand, organization suspension, or loss of the organization's charter. The governing authority has the option of taking no action against the Recognized Student Organization. IX. Related Information A. References, citations Policy for Alcohol Service at Student Events The Handbook for Student Organizations Bank Account and Agency Funds Policy Recognized Student Organizations Policy College-Specific Professionalism and Standards of Conduct South Carolina Code of Laws Section 59-101-200 (hazing sanctions) South Carolina Code of Laws Section 59-101-210 Tucker Hipps Transparency Act X. Communication Plan The policy will be published in The Bulletin and distributed to the Dean’s offices and the leadership in Education and Student Life. XI. Definitions A. Recognized student organization An MUSC student organization that successfully meets the criteria established for recognition and that is officially recognized by either the Executive Director of the Office of Student Programs and Student Diversity (university-wide) or the Dean's Office of one of the six colleges (college-specific); program-level (e.g., physical therapy, bachelor of science in nursing, etc.) organizations must be recognized by the dean's office of the appropriate college B. University-wide recognized student organization University-wide recognized student organizations are independent of any particular college and are typically interprofessional in nature; the organization's executive board and advisor(s) are responsible for organizational oversight C. College-specific recognized student organization College-specific student organizations serve one or more of the many academic or professional interests of the college and its students. Examples of college­specific organizations include, but are not limited, to academic or professional interest groups, discipline-specific honor societies, national organization student chapters (e.g., MUSC Chapter of the Student National Dental Association), professional fraternities, and class groups (e.g., College of Pharmacy Class of 2021 student group); college-specific organizations can also be classified as an Interest Group, Service Group, Professional Development Group, Educational Group, and/or Community Outreach Group; college-specific groups cannot assume the identifier as an Affinity Group D. Governing authority The MUSC authority that conferred official recognition status to a student organization; either the Executive Director of the Office of Student Programs and Student Diversity or the Dean of the College for college-specific organizations. E. Organization Review The process established by the governing authority to determine if a recognized student organization is non-compliant with the organization's charter, local, state, and federal laws, or any policy, guideline, or procedure identified in the MUSC Handbook for Student Organizations. F. Hazing MUSC's definition of hazing includes but is not limited to the activities that are specified in South Carolina Code of Laws. Hazing is any situation created or action taken for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in an organization, which meets one or more of the criteria below. Hazing can be intentional or unintentional and can occur with or without consent. Hazing is also any act that meets the definition of hazing contained in South Carolina Code of Laws section 59-101-200. "Hazing" means the wrongful striking, laying open hand upon, threatening with violence, or offering to do bodily harm by a superior student to a subordinate student with intent to punish or injure the subordinate student, or other unauthorized treatment by the superior student of a subordinate student of a tyrannical, abusive, shameful, insulting, or humiliating nature. An organization commits an offense of hazing if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. Situations/actions that constitute hazing are those as defined above that are • Negligent or reckless in nature • Potentially harmful • Physical safety/health • Psychological well-being • Opportunities for Academic Success • Not reflective of the University's mission, purpose or values Such activities and situations may include, but are not limited to • Paddling or striking • Physical or psychological abuse and/or shocks; • Forced (whether explicit or implicit) consumption of food, water, alcohol or drugs • Kidnapping or abandonment • Line-ups and berating • Morally degrading behavior • Any form of personal servitude • Forced (whether explicit or implicit) wearing, publicly or privately, of inappropriate costumes • Interference with academic pursuits • Forced (whether explicit or implicit) participation in activities that are illegal or violate University policy. XII. Review Cycle This policy will be reviewed every 3 years. XIII. Approval History Original approval date and subsequent review dates: April 12, 2019 - Board of Trustees XIV. Approval Signature Lisa K Saladin, PT, PhD, FAPTA Executive Vice President for Academic Affairs and Provost Request Program Information Contact Us 843-792-2300 MUSC A to Z Public Affairs & Media Relations All Medical Services Check My Application MUSC Libraries SCTR Adult Medical Services Pediatric Medical Services Jump back to top of page Confidential Hotline Patient Complaint or Concern
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Avideh Zakhor was the first female EE professor at Berkeley (photo: Anna Sziklai) EECS faculty have won many prestigious awards including the National Medal of Science (one each in EE and CS), the National Medal of Technology & Innovation, and four ACM Turing Awards. The UC Berkeley Distinguished Teaching Award has been given to 13 of our faculty, and 37 have been elected to the National Academy of Engineering, one of the highest numbers of elected NAE members in any EECS department in the country. Apply for a Faculty Position Home pages, research interests, class schedules, publications, and contact information. Current Faculty EE Faculty CS Faculty New Faculty Women Faculty EDS 2019 Celebrated Member Leon Chua (photo: Mapúa) Honors & Accolades In addition to national medals and prizes, our faculty have received numerous ACM individual and special interest group awards, IEEE medals and technical field/teaching/society awards, distinguished fellowships, honorary memberships, international accolades, and even two Oscars. View Faculty Awards Jerome Singer, 1921-2019 (photo: Margaretta K. Mitchell) We commemorate our colleagues who helped to shape this department as we celebrate their legacy. Remember Faculty We Have Lost EE Prof. Joseph Thomas Gier and his patent for a Thermopile Radiometer Reintroducing Joseph Thomas Gier Meet EE Prof. Joseph Gier (1910-1961), the first tenured black professor in the U. C. system and the first tenured black faculty member in a STEM field—and the second in any field—at a top-ranked, predominantly white university in the country. He was also a world expert in the field of thermal and luminous radiation and was considered by many at the time to be the “best laboratory instructor ever to teach in electrical engineering at Berkeley.” Learn about Joseph Gier
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Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation Harmony R. Reynolds, Daniel M. Spevack, Alan Shah, Robert M. Applebaum, Mark Kanchuger, Paul A. Tunick, Itzhak Kronzon Background Transesophageal echocardiography (TEE) has become an integral part of the evaluation and monitoring of patients during cardiac operation. Until recently, the smallest TEE probe with multiplane imaging measured 13 mm in diameter. This size is now standard for adult TEE probes. Recently, a new TEE probe has become available (MiniMulti TEE probe, Philips Medical Systems, Andover, Mass), which has a diameter of 8 mm. Although using a smaller probe is attractive, the quality of images it generates when used in adults has not yet been examined. Objective The purpose of this study was to compare TEE studies done with both probes. Methods After informed consent was obtained, full intraoperative TEE studies were performed in 20 patients with a small pediatric probe. The study was then repeated using a standard adult probe. The studies were read in random order by two experienced echocardiographers blinded to probe used. For each study, 18 anatomic cardiac structures and 5 Doppler patterns were subjectively graded as excellent (1), good (2), fair (3), or poor (4) in quality. The average score for each structure or Doppler profile was computed for each probe. Results The average score for all findings was lower (better) for the adult TEE probe (1.4 ± 0.4 vs 1.7 ± 0.4; P = .003). When each finding was compared separately, several cardiac structures (left ventricle [LV], pericardium, right ventricle [RV], interatrial septum, left atrium, left atrial appendage, mitral valve, aortic valve) had better scores with the adult probe, and the differences for the LV and RV were larger than those for the other findings (LV scores differed by 0.7, P = .0004; RV scores differed by 0.5, P = .01). There was no significant difference between probes when evaluating venous structures (coronary sinus, superior vena cava, pulmonary vein), the thoracic aorta, or the right atrium or tricuspid valve. In addition, Doppler patterns were not significantly different with the two probes. There were two findings that were missed with the small probe and seen with the adult probe (one aortic plaque and one left atrial appendage thrombus). Conclusions In the adult, the larger probe provides better images, particularly of the RV and LV. In addition, important findings may be missed with the smaller probe. However, if the adult probe cannot be passed, the pediatric probe is a reasonable alternative. Journal of the American Society of Echocardiography https://doi.org/10.1016/j.echo.2004.06.011 Tricuspid Valve Coronary Sinus Physiologic Monitoring Reynolds, H. R., Spevack, D. M., Shah, A., Applebaum, R. M., Kanchuger, M., Tunick, P. A., & Kronzon, I. (2004). Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation. Journal of the American Society of Echocardiography, 17(10), 1050-1052. https://doi.org/10.1016/j.echo.2004.06.011 Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation. / Reynolds, Harmony R.; Spevack, Daniel M.; Shah, Alan; Applebaum, Robert M.; Kanchuger, Mark; Tunick, Paul A.; Kronzon, Itzhak. In: Journal of the American Society of Echocardiography, Vol. 17, No. 10, 10.2004, p. 1050-1052. Reynolds, HR, Spevack, DM, Shah, A, Applebaum, RM, Kanchuger, M, Tunick, PA & Kronzon, I 2004, 'Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation', Journal of the American Society of Echocardiography, vol. 17, no. 10, pp. 1050-1052. https://doi.org/10.1016/j.echo.2004.06.011 Reynolds HR, Spevack DM, Shah A, Applebaum RM, Kanchuger M, Tunick PA et al. Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation. Journal of the American Society of Echocardiography. 2004 Oct;17(10):1050-1052. https://doi.org/10.1016/j.echo.2004.06.011 Reynolds, Harmony R. ; Spevack, Daniel M. ; Shah, Alan ; Applebaum, Robert M. ; Kanchuger, Mark ; Tunick, Paul A. ; Kronzon, Itzhak. / Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation. In: Journal of the American Society of Echocardiography. 2004 ; Vol. 17, No. 10. pp. 1050-1052. @article{87b3dac7d37d4ca0b159c91b4efd190b, title = "Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation", abstract = "Background Transesophageal echocardiography (TEE) has become an integral part of the evaluation and monitoring of patients during cardiac operation. Until recently, the smallest TEE probe with multiplane imaging measured 13 mm in diameter. This size is now standard for adult TEE probes. Recently, a new TEE probe has become available (MiniMulti TEE probe, Philips Medical Systems, Andover, Mass), which has a diameter of 8 mm. Although using a smaller probe is attractive, the quality of images it generates when used in adults has not yet been examined. Objective The purpose of this study was to compare TEE studies done with both probes. Methods After informed consent was obtained, full intraoperative TEE studies were performed in 20 patients with a small pediatric probe. The study was then repeated using a standard adult probe. The studies were read in random order by two experienced echocardiographers blinded to probe used. For each study, 18 anatomic cardiac structures and 5 Doppler patterns were subjectively graded as excellent (1), good (2), fair (3), or poor (4) in quality. The average score for each structure or Doppler profile was computed for each probe. Results The average score for all findings was lower (better) for the adult TEE probe (1.4 ± 0.4 vs 1.7 ± 0.4; P = .003). When each finding was compared separately, several cardiac structures (left ventricle [LV], pericardium, right ventricle [RV], interatrial septum, left atrium, left atrial appendage, mitral valve, aortic valve) had better scores with the adult probe, and the differences for the LV and RV were larger than those for the other findings (LV scores differed by 0.7, P = .0004; RV scores differed by 0.5, P = .01). There was no significant difference between probes when evaluating venous structures (coronary sinus, superior vena cava, pulmonary vein), the thoracic aorta, or the right atrium or tricuspid valve. In addition, Doppler patterns were not significantly different with the two probes. There were two findings that were missed with the small probe and seen with the adult probe (one aortic plaque and one left atrial appendage thrombus). Conclusions In the adult, the larger probe provides better images, particularly of the RV and LV. In addition, important findings may be missed with the smaller probe. However, if the adult probe cannot be passed, the pediatric probe is a reasonable alternative.", author = "Reynolds, {Harmony R.} and Spevack, {Daniel M.} and Alan Shah and Applebaum, {Robert M.} and Mark Kanchuger and Tunick, {Paul A.} and Itzhak Kronzon", doi = "10.1016/j.echo.2004.06.011", journal = "Journal of the American Society of Echocardiography", T1 - Comparison of image quality between a narrow caliber transesophageal echocardiographic probe and the standard size probe during intraoperative evaluation AU - Reynolds, Harmony R. AU - Spevack, Daniel M. AU - Shah, Alan AU - Applebaum, Robert M. AU - Kanchuger, Mark AU - Tunick, Paul A. AU - Kronzon, Itzhak N2 - Background Transesophageal echocardiography (TEE) has become an integral part of the evaluation and monitoring of patients during cardiac operation. Until recently, the smallest TEE probe with multiplane imaging measured 13 mm in diameter. This size is now standard for adult TEE probes. Recently, a new TEE probe has become available (MiniMulti TEE probe, Philips Medical Systems, Andover, Mass), which has a diameter of 8 mm. Although using a smaller probe is attractive, the quality of images it generates when used in adults has not yet been examined. Objective The purpose of this study was to compare TEE studies done with both probes. Methods After informed consent was obtained, full intraoperative TEE studies were performed in 20 patients with a small pediatric probe. The study was then repeated using a standard adult probe. The studies were read in random order by two experienced echocardiographers blinded to probe used. For each study, 18 anatomic cardiac structures and 5 Doppler patterns were subjectively graded as excellent (1), good (2), fair (3), or poor (4) in quality. The average score for each structure or Doppler profile was computed for each probe. Results The average score for all findings was lower (better) for the adult TEE probe (1.4 ± 0.4 vs 1.7 ± 0.4; P = .003). When each finding was compared separately, several cardiac structures (left ventricle [LV], pericardium, right ventricle [RV], interatrial septum, left atrium, left atrial appendage, mitral valve, aortic valve) had better scores with the adult probe, and the differences for the LV and RV were larger than those for the other findings (LV scores differed by 0.7, P = .0004; RV scores differed by 0.5, P = .01). There was no significant difference between probes when evaluating venous structures (coronary sinus, superior vena cava, pulmonary vein), the thoracic aorta, or the right atrium or tricuspid valve. In addition, Doppler patterns were not significantly different with the two probes. There were two findings that were missed with the small probe and seen with the adult probe (one aortic plaque and one left atrial appendage thrombus). Conclusions In the adult, the larger probe provides better images, particularly of the RV and LV. In addition, important findings may be missed with the smaller probe. However, if the adult probe cannot be passed, the pediatric probe is a reasonable alternative. AB - Background Transesophageal echocardiography (TEE) has become an integral part of the evaluation and monitoring of patients during cardiac operation. Until recently, the smallest TEE probe with multiplane imaging measured 13 mm in diameter. This size is now standard for adult TEE probes. Recently, a new TEE probe has become available (MiniMulti TEE probe, Philips Medical Systems, Andover, Mass), which has a diameter of 8 mm. Although using a smaller probe is attractive, the quality of images it generates when used in adults has not yet been examined. Objective The purpose of this study was to compare TEE studies done with both probes. Methods After informed consent was obtained, full intraoperative TEE studies were performed in 20 patients with a small pediatric probe. The study was then repeated using a standard adult probe. The studies were read in random order by two experienced echocardiographers blinded to probe used. For each study, 18 anatomic cardiac structures and 5 Doppler patterns were subjectively graded as excellent (1), good (2), fair (3), or poor (4) in quality. The average score for each structure or Doppler profile was computed for each probe. Results The average score for all findings was lower (better) for the adult TEE probe (1.4 ± 0.4 vs 1.7 ± 0.4; P = .003). When each finding was compared separately, several cardiac structures (left ventricle [LV], pericardium, right ventricle [RV], interatrial septum, left atrium, left atrial appendage, mitral valve, aortic valve) had better scores with the adult probe, and the differences for the LV and RV were larger than those for the other findings (LV scores differed by 0.7, P = .0004; RV scores differed by 0.5, P = .01). There was no significant difference between probes when evaluating venous structures (coronary sinus, superior vena cava, pulmonary vein), the thoracic aorta, or the right atrium or tricuspid valve. In addition, Doppler patterns were not significantly different with the two probes. There were two findings that were missed with the small probe and seen with the adult probe (one aortic plaque and one left atrial appendage thrombus). Conclusions In the adult, the larger probe provides better images, particularly of the RV and LV. In addition, important findings may be missed with the smaller probe. However, if the adult probe cannot be passed, the pediatric probe is a reasonable alternative. U2 - 10.1016/j.echo.2004.06.011 DO - 10.1016/j.echo.2004.06.011 JO - Journal of the American Society of Echocardiography JF - Journal of the American Society of Echocardiography 10.1016/j.echo.2004.06.011
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Inicio / Recursos / Casos de éxito /Full-Service Builder Strengthens Network With Application Management​ Full-Service Builder Strengthens Network With Application Management​ Application performance solutions implemented at Clayco help automate application availability for more efficient root cause analysis. Clayco is one of the United States’ most accomplished full-service, turnkey real estate, architecture, engineering, design-build and construction firms, headquartered in Chicago with an office in St. Louis, Missouri. Clayco is distinguished by the extraordinary level of integration it offers to customers. It begins with real estate development, continues to a design phase by its architect staff and finishes with prime contracting for 40 constantly shifting construction sites. Clayco’s IT network must be tightly integrated too in order for 400–1,000 internal employees, subcontractors and vendors to access a half-dozen business-critical applications. Responsibility for making that happen falls on the shoulders the Clayco IT team, including Dan Allbee, senior systems engineer — working out of the St. Louis facility — and a pair of Ipswitch® network monitoring products. Unmonitored applications caused anxious mornings. Allbee joined Clayco early in 2013 and soon found that a lot of network monitoring procedures established in previous months or years had been lost to view when a staff member moved on. “Many important applications were unmonitored,” Allbee points out. “Twice a month on average major network problems would cause sleepless nights.” There were some anxious mornings too when the IT staff would arrive to find instances of services that had gone offline in the middle of the night, sidelining employees and partners. “Without a map of the network we didn’t know where to look to repair something quickly. And if the staff member who knew recovery procedure answer wasn’t in that day, discovery times could stretch to hours,” Allbee explains. “It was painful and it put our plans for the day into a tailspin.” Choosing Ipswitch “We needed to put together a documentable structure that would allow us to see how applications were connected to the back end,” Allbee says. It happened that he had used WhatsUp Gold at a previous company. While Allbee briefly considered another solution that appeared to have similar capabilities, he was not impressed with it. Price was part of his concern. “It’s common for us to have as many as 48 interfaces per device. The other product required us to buy a license for each interface. It would have taken a lot of discovery work to decide what port interface was important and what wasn’t to make it affordable. WhatsUp Gold, on the other hand, licenses its software per network device, not per port, so we can monitor all the interfaces.” Ipswitch’s products offered functional benefits too. “WhatsUp Gold’s layer 2 discovery is extremely helpful,” Allbee says. “It enables us to see everything on the network.” And the newly available Application Performance Monitor promised to deliver higher application availability. How Application Performance Monitor works WhatsUp Gold’s Application Performance Monitor plugin enhances application performance by monitoring systems, network, and application as a unit. It identifies the underlying cause of an application performance problem by looking at the whole picture: the application itself, interrelated application tiers and any network devices that can have an impact on performance, storage systems for example. And, it enhances application performance and availability through both real-time and historical reporting as well as trend analysis. Allbee says it took about 15 minutes to learn the Application Performance Monitor interface. Since then his appreciation for the software has grown. “Application Performance Monitor takes just minutes to get to the root cause of an application slowdown or failure, rather than hours we had experienced before.” Getting a good night’s sleep Within a short time of installing WhatsUp Gold and Application Performance Monitor, Clayco’s IT staff was able to deliver a higher level of service while reducing IT staff stress levels. “Now our network has a documentable structure and we’ve eliminated hours of discovery to resolve known conflicts, fix resource allocation issues and handle process stops,” Allbee explains “We set Application Performance Monitor to restart some services automatically for recurring incidents. We might come in the morning and see that a process was restarted automatically, and we didn’t even have to get out of bed for it. “We’re spending less time on hands-on repairs and have more time to plan growth or carry out testing. But the biggest thing,” Allbee adds, “is that we worry much less than we used to, so it’s easier to get a good night’s sleep. Español - Case Studies Deutsch - Kundenreferenz English - Full-Service Builder Strengthens Network With Application Management​ Français - Case Studies Português - Case Studies 한국어 - 홈 日本語 - 総合不動産および建設会社のアプリケーションパフォーマンス監視 繁體中文 - 參考資料 https://www.ipswitch.com/en/resources/case-studies/full-service-builder-strengthens-network-with-application-management
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Your search: "author:"Martin, Francis"" Peer-reviewed only (18) Lawrence Berkeley National Laboratory (34) Research Grants Program Office (RGPO) (4) Microbiology and Plant Pathology (2) BY-NC-ND - Attribution; NonCommercial use; No derivatives (3) Scholarly Works (36 results) Sort By: RelevanceA-Z By TitleZ-A By TitleA-Z By AuthorZ-A By AuthorDate AscendingDate Descending Sequencing the Fungal Tree of Life Martin, Francis Lawrence Berkeley National Laboratory (2011) Comparative Genomics of Mycorrhizal Symbiosis and Wood Decay in Forest Ecosystems Grigoriev, Igor Recent Work (2014) Forests, very important and complex ecosystems, depend on tree-microbial associations above and below ground. Understanding molecular mechanisms of associations between trees and fungi in forests requires a novel, community-driven, multi-disciplinary approach based on genomics and ecological data and tools. Here we propose a three-way approach to strengthen collaboration between our institutions, LBNL and INRA, and with a larger scientific community on exploration of associations between trees and fungi in forests to create a basis for understanding forest ecology and management strategies. Expanding genomics of mycorrhizal symbiosis Kuo, Alan Kohler, Annegret Martin, Francis M. Grigoriev, Igor V. Phylogeonomics and Ecogenomics of the Mycorrhizal Symbiosis Mycorrhizal fungi play critical roles in host plant health, soil community structure and chemistry, and carbon and nutrient cycling, all areas of intense interest to the US Dept. of Energy (DOE) Joint Genome Institute (JGI). To this end we are building on our earlier sequencing of the Laccaria bicolor genome by partnering with INRA-Nancy and the mycorrhizal research community in the MGI to sequence and analyze 2 dozen mycorrhizal genomes of numerous known mycorrhizal orders and several ecological types (ectomycorrhizal [ECM], ericoid, orchid, and arbuscular). JGI has developed and deployed high-throughput pipelines for genomic, transcriptomic, and re-sequencing, and platforms for assembly, annotation, and analysis. In the last 2 years we have sequenced 21 genomes of mycorrhizal fungi, and resequenced 6 additional strains of L. bicolor. Most of this data is publicly available on JGI MycoCosm?s Mycorrhizal Fungi Portal (http://jgi.doe.gov/Mycorrhizal_fungi/), which provides access to both the genome data and tools with which to analyze the data. These data allow us to address long-standing issues in mycorrhizal evolution and ecology. For example, a major observation of mycorrhizal evolution is that each of the major ecological types appears to have evolved independently in multiple fungal clades. Using an ecogenomic approach we provide preliminary evidence that 2 clades (Cantharellales and Sebacinales) of a single symbiotic ecotype (orchid) utilize some common regulatory (protein tyrosine kinase) and metabolic (lipase) paths, the latter of which may be the product of HGT. Using a phylogenomic approach we provide preliminary evidence that a particular ecotype (ericoid) may have evolved more than once within a major clade (Leotiomycetes). Assembly, Annotation, and Analysis of Multiple Mycorrhizal Fungal Genomes Mycorrhizal fungi play critical roles in host plant health, soil community structure and chemistry, and carbon and nutrient cycling, all areas of intense interest to the US Dept. of Energy (DOE) Joint Genome Institute (JGI). To this end we are building on our earlier sequencing of the Laccaria bicolor genome by partnering with INRA-Nancy and the mycorrhizal research community in the MGI to sequence and analyze dozens of mycorrhizal genomes of all Basidiomycota and Ascomycota orders and multiple ecological types (ericoid, orchid, and ectomycorrhizal). JGI has developed and deployed high-throughput sequencing techniques, and Assembly, RNASeq, and Annotation Pipelines. In 2012 alone we sequenced, assembled, and annotated 12 draft or improved genomes of mycorrhizae, and predicted ~;232831 genes and ~;15011 multigene families, All of this data is publicly available on JGI MycoCosm (http://jgi.doe.gov/fungi/), which provides access to both the genome data and tools with which to analyze the data. Preliminary comparisons of the current total of 14 public mycorrhizal genomes suggest that 1) short secreted proteins potentially involved in symbiosis are more enriched in some orders than in others amongst the mycorrhizal Agaricomycetes, 2) there are wide ranges of numbers of genes involved in certain functional categories, such as signal transduction and post-translational modification, and 3) novel gene families are specific to some ecological types. The Fungal Tree of Life: from Molecular Systematics to Genome-Scale Phylogenies. Spatafora, Joseph W Aime, M Catherine Grigoriev, Igor V Stajich, Jason E Blackwell, Meredith UC Riverside Previously Published Works (2017) The kingdom Fungi is one of the more diverse clades of eukaryotes in terrestrial ecosystems, where they provide numerous ecological services ranging from decomposition of organic matter and nutrient cycling to beneficial and antagonistic associations with plants and animals. The evolutionary relationships of the kingdom have represented some of the more recalcitrant problems in systematics and phylogenetics. The advent of molecular phylogenetics, and more recently phylogenomics, has greatly advanced our understanding of the patterns and processes associated with fungal evolution, however. In this article, we review the major phyla, subphyla, and classes of the kingdom Fungi and provide brief summaries of ecologies, morphologies, and exemplar taxa. We also provide examples of how molecular phylogenetics and evolutionary genomics have advanced our understanding of fungal evolution within each of the phyla and some of the major classes. In the current classification we recognize 8 phyla, 12 subphyla, and 46 classes within the kingdom. The ancestor of fungi is inferred to be zoosporic, and zoosporic fungi comprise three lineages that are paraphyletic to the remainder of fungi. Fungi historically classified as zygomycetes do not form a monophyletic group and are paraphyletic to Ascomycota and Basidiomycota. Ascomycota and Basidiomycota are each monophyletic and collectively form the subkingdom Dikarya. Poplar ruse: the melampsora larici-populina genome sequencing project Tice, Hope N. Dalin, Eileen Lucas, Susan Shapiro, Harris Pangilinan, Jasmyn Richardson, Paul M. The basidiomycete Melampsora larici-populina is responsible for the leaf rust disease in Populus species. Urediniospore germlings of this obligate biotrophic fungus usually penetrate the host plant through stomatal openings, differentiates a series of infection structures in the intercellular space, and exhibits highly localized penetration of the host cell wall to establish a haustorium. Hyphae then proliferate in the leaf parenchyma and produce golden pustules filled with masses of urediniospores on the lower leaf surfaces. M. larici-populina causes severe economic losses in European poplar plantations and has recently been detected in Canada. Selection for resistance to this biotrophic pathogen is thus an important challenge for poplar breeders. Severe damages occur through decreased photosynthesis efficiency, early defoliation and increased susceptibility to other pests and diseases. The PGF is sequencing this organism by the whole genome shotgun (WGS) method. Generally we make genomic libraries containing 3 different insert sizes. For all libraries, the DNA is randomly sheared, fragments end repaired and size selected prior to cloning. After cleanup the 3kb insert is ligated into pUC18 vector and the 8kb and 40kb fragments are ligated into pMCL200 and pcc1Fos vectors. The libraries are sequenced to a depth of approximately 4X, 4X, and 0.5-1X coverage respectively. The JGI has recently sequenced the genome to approximately 4x coverage of this plant pathogen, and is currently sequencing to the 8-9X depth prior to final assembly. The initial size was estimated to be approximately 61 Million bases (Mb), and analysis at the 4X assembly allowed us to revise this estimate to approximately 95 Mb. Library construction, genome assembly and size analysis will be presented. Duplications and losses in gene families of rust pathogens highlight putative effectors Pendleton, Amanda L. Smith, Katherine E. Feau, Nicolas Hamelin, Richard Nelson, C. Dana Burleigh, J. Gordon Davis, John M. Comparative Genome Analysis of Basidiomycete Fungi Reveals the Genetic Signatures of Wood Degraders Riley, Robert Salamov, Asaf Morin, Emmanuelle Nagy, Laszlo Manning, Gerard Brown, Daren Henrissat, Bernard Levasseur, Anthony Hibbett, David Fungi of the phylum Basidiomycota (basidiomycetes), make up some 37percent of the described fungi, and are important in forestry, agriculture, medicine, and bioenergy. This diverse phylum includes the mushrooms, wood rots, symbionts, and plant and animal pathogens. To better understand the diversity of phenotypes in basidiomycetes, we performed a comparative analysis of 35 basidiomycete fungi spanning the diversity of the phylum. Phylogenetic patterns of lignocellulose degrading genes suggest a continuum between the white rot and brown rot modes of wood decay. Patterns of protein kinases, secondary metabolic enzymes, and secreted proteins shed additional light on the broad array of phenotypes found in the basidiomycetes. We suggest that the lignocellulose gene content of an organism can be used to predict its nutritional mode, and predict Dacryopinax sp. as a brown rot; Botryobasidium botryosum and Jaapia argillacea as white rots. Comparative Genome Analysis of Basidiomycete Fungi Fungi of the phylum Basidiomycota (basidiomycetes), make up some 37percent of the described fungi, and are important in forestry, agriculture, medicine, and bioenergy. This diverse phylum includes the mushrooms, wood rots, symbionts, and plant and animal pathogens. To better understand the diversity of phenotypes in basidiomycetes, we performed a comparative analysis of 35 basidiomycete fungi spanning the diversity of the phylum. Phylogenetic patterns of lignocellulose degrading genes suggest a continuum rather than a sharp dichotomy between the white rot and brown rot modes of wood decay. Patterns of secondary metabolic enzymes give additional insight into the broad array of phenotypes found in the basidiomycetes. We suggest that the profile of an organism in lignocellulose-targeting genes can be used to predict its nutritional mode, and predict Dacryopinax sp. as a brown rot; Botryobasidium botryosum and Jaapia argillacea as white rots.
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Industry News Industry News Investment PortfolioInvestment Portfolio Agriculture Aquaculture Food Processing Technology For Companies AG Companies Justin Hankins Hired as VP Finance Emergent Holdings announced that Justin Hankins has been hired as Vice President of Finance. Emergent Holdings is the parent company of Whole Oceans, which last year announced its plans to build a state-of-the-art RAS that will raise Atlantic salmon on the site of the former Verso paper mill in the heart of Bucksport, Maine. Hankins has strong ties to global protein production, with more than 13 years of experience in agriculture-related finance. Hankins grew up in Western Nebraska and graduated from University of Nebraska Kearney with a major in business management and a minor in economics. Hankins joined Emergent Holdings in 2019 and is excited about the opportunities the salmon industry has to offer. He has served on multiple boards over the years, including industry associations, religious organizations and international companies. Emergent Holdings ©2020 Emergent Holdings Hand-Crafted by Flylight Media
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Musicians Find a Home on WordPress.com Michelle Weber If you had any doubt that WordPress.com makes a great online home for your band, the range of artists who are now using it to promote their work and grow their fan base should put that to rest. New musicians are signing on every day, making WordPress.com the go-to for artists who want sleek, functional, engaging sites without investing a ton of money or time. Here are just a few of the acts who are taking advantage of features like the gig calendar and embedded tracks from SoundCloud and Bandcamp. They’re all using the Soundcheck theme, developed specifically for musicians, but they’ve used custom touches to build sites with unique looks and personality. Tae Phoenix is a Seattle-based singer-songwriter who recently released her first album, Rise. Her site takes full advantage of everything WordPress.com and the Soundcheck theme have to offer, with embedded audio and video, a tour calendar, her Twitter feed, links to her new album, and press mentions. She’s lightened up the basic Soundcheck color scheme with a bold header image that echoes her album cover, and her first single is front and center on the home page, ready to be heard. Her site is polished, professional, and ready for the big time — just like her. Finnish DJ Radical Effect is a 180 from our Seattle singer-songwriter, and it shows. He uses his WordPress.com site to support the October release of his debut single and his quest to “conquer the Finnish nightlife.” A rotating selection of header images gives the site its industrial feel, while a more washed-out palette creates a chill, laid-back vibe. In addition to the music-specific features, Radical Effect also houses a blog on the site, to post news and give fans insight into his creative process. Canadian pop-punk outfit Letterbomb proves that you’ve never too young to rock — already performing together for three years, they range in age from 14 to 18. They’ve given their site a youthful edge with a moody color scheme, the repeated use of their bulls-eye logo, and plenty of photos. Their newest track is embedded on every page, begging to be heard, and plenty of links let fans buy music and merch. And as they grow, their WordPress.com site can grow with them, giving them more space for music and video and helping them keep track of tour dates. Fifteen-year-old twins and Oklahoma natives Grace and Sophia chose WordPress.com to build the site that supports their growing careers as folk singer-songwriters. A colorful yet muted palette, capped off with custom header images and a craft-inspired background, give the site its personality. They’ve added social media sharing buttons to the main navigation bar, encouraging their fans to connect with them across a variety of platforms. These four artists have opted for the new premium Soundcheck theme, but there are 200+ themes available on WordPress.com, many of which — like Oxygen (a freebie!), Shelf, and Debut — were either designed for or lend themselves well to music sites. With affordable upgrades like custom design, your band’s own URL, and plenty of storage space for your music and videos (coupled with WordPress.com standards, like rock-solid security, unlimited bandwith, and the world’s best Support team), making WordPress.com your band’s online home is a no-brainer. Is there an act you love on WordPress.com? Share a link in the comments! Features, Themes, Verticals Band Websites, music, Themes, Veritcals New Themes: Book Lite and Misty Lake Personalize Your Site with Custom Colors Deli Lanoux, Ed.D. Dec 19th at 3:41 pm I’m pretty sure our son, a professional bass guitarist and tuba afficianado, will enjoy hearing this! virajraol Dec 19th at 5:50 pm I’ll talk to my group to apply this idea…… It can be fun! HipsterApproved.net Dec 19th at 5:58 pm Nice…thanks for this. I’ll have to remember this when I decide to drop my beats. robomantic Dec 19th at 8:21 pm Reblogged this on robomantic. kiihele Dec 19th at 8:38 pm It’s nice to see so many young artists taking advantage of WordPress. I hope they all find lucrative careers in the music business. susielindau Dec 19th at 9:51 pm I will definitely pass this along to my son who has music on Soundcloud! Very cool! SoundEagle Dec 19th at 10:09 pm Fantastic ideas! SoundEagle is in the process of including more original music and also music scores at http://soundeagle.wordpress.com for other bloggers and people to enjoy. Hi Michelle, thank you for aggregating in this post attractive features and examples of musical blogs and artful incorporation of music and musical ideas. I would like to add that the BandPage widget is very well suited to the task, though it would be even better to have more customizations available in the widget. I have featured not just original music but also have used the musical and sonic dimensions to explain some philosophical ethos, paradigm shifts and socio-cultural reflections at at http://soundeagle.wordpress.com/2012/11/20/soundeagle-in-art-music-and-compositions-about-new-sensations-love-life-country-nature-dreaming-meditation-and-spirituality/ and http://soundeagle.wordpress.com/music/, where useful pointers, constructive comments and feedback from other bloggers and/or musicians would be greatly appreciated. May all of us on WordPress have a joyful festive season and a wonderful new year! rawcompound Dec 19th at 11:22 pm I would like this!!! Bob Freak Dec 20th at 12:25 am Reblogged this on Bob Freak and commented: Anyone want to buy this for us? mobyiapps Dec 20th at 4:31 am nice one ! it’s great idea Christian Rödlach Dec 20th at 4:06 pm It’s still in progress – how do you like it so far/any suggestions? http://www.somasways.com winsandwounds Dec 20th at 4:37 pm My band doesn’t have a site yet – we should probably get this! It sounds like a great idea! We only have a Facebook at the moment and it’s hard to spread the word http://www.facebook.com/untildeathcalls hashimeansbridge Dec 20th at 4:58 pm This is why I started a WordPress blog! I’m trying to build up some content for people to read when they search for me. Reblogged this on 橋Hashi means Bridge and commented: For my fellow musician-bloggers, a must-read!! romelusrobenson Dec 20th at 6:45 pm A reblogué ceci sur romelusrobenson and commented: amybanda01 Dec 22nd at 8:05 am Great Themes to engage sites without investing a dime or waste time and energy.. literatelibran Dec 22nd at 7:26 pm paki101 Dec 23rd at 2:46 am Reblogged this on Fubifi. whatiamwondering Dec 23rd at 9:21 am Reblogged this on What I am Wondering. hypnoseselbsthypnose Dec 23rd at 10:56 am Thanks for the music information. I would be glad if you visit sometimes XORMAGATE.COM – The Music Album for a better world. lucievictor Dec 23rd at 8:30 pm Reblogged this on Victor's and Lucie's project "NEW HOME". qwertyoblog Dec 24th at 12:41 pm Great! Who doesn’t like music? crimsontidee Dec 24th at 8:29 pm wow, cool! ooopetie Feb 14th at 4:21 pm Cool beans!
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Constellations: a choreography of minimal gestures 10 Apr 2019 - 19h Ana Rito Hugo Barata 1200_constelacoes_foto_david_rato_img_5428_.jpg 1200_constelacoes_foto_david_rato_img_5452.jpg 1200_constelacoes_foto_david_rato_img_5473.2.jpg "It's not that what is past casts its light on what is present, or what is present its light on what is past; rather, image is that wherein what has been comes together in a flash with thenow to form a constellation." (Walter Benjamin) The names used to refer to the different constellations are imbued with history, tradition, and myths. Imaginary clusters of stars have always been a source of fascination to humans. Perplexed by their surroundings, we have endeavoured to decipher our own origins in a mythical, cosmogonic space crisscrossed by superhuman intentions—an unlimited space—which also accommodates the conflicting desires of the gods. This longstanding fascination with the celestial sphere of our planet and the urge to investigate what we could see led stars and constellations to be included on maps and in myths in the form of varied signs and narratives. The human mind has thus perceived these luminous dots in the sky to be mysterious clues about the universe, life, and humanity. It was in this context that the constellation first appeared: in the midst of immortal, fixed stars, retaining a permanent reminder of collective and individual fates. In his critical epistemological prologue to Origin of the German Trauerspiel (1928), Walter Benjamin famously suggested that ideas are to objects as constellations are to stars. That is, ideas are no more truly present in the world than constellations are in the skies. In a sense, a work of art is a powerful metaphor for the constellation. The goal of this exhibition is to regard the Berardo Collection as a horizontal territory for curatorial research: a research which gives rise to vertical “cuts”—incisions on the permanent stability of the collection—thus initiating relationships more or less close in both time and space. Adopting an anachronistic stance which subtly explores the different sections, an attempt is made to examine and bring to life the various historical periods through their influence on contemporary artistic production. The exhibition is based on a central core of works in which the visuality of the constellatory form is explored in a more prominent manner; then comes a plethora of interventions spanning the other sections of the Berardo Collection along a loose (and conceptual) narrative thread centred on the philosophical concept of the constellation. The museum space is thus transformed into a place of experimentation, the result of a “choreography” of thought processes. The aim is to provide a conceptual representation of a research model for the collection which is constantly evolving and opens out onto a speculative, poetic horizon. Curated by Ana Rito & Hugo Barata. Works by: Michaël Borremans, Edgar Martins, Hans Richter, Valie Export, Anthony Ramos, Vito Acconci, António Olaio, João Tabarra, Francisco Vidal, Rui Miguel Leitão Ferreira, Nicolás Paris, Suzan Pitt, Tris Vonna Michell, Elena Damani, David Maljkovic, Haris Epaminonda e Daniel Gustav Cramer, Carla Rebelo, João Seguro, Fernão Cruz, Ana Pérez-Quiroga, Miguelangelo Veiga, Pedro Pousada, Rui Calçada Bastos, Nuno Sousa Vieira, Os Espacialistas, Diogo Evangelista, Rui Toscano, Diogo Pimentão, João Onofre, Louise Lawler, Lawrence Weiner, Felix González-Torres, Fernanda Fragateiro, Aby Warburg, Alighiero Boetti, Lucio Fontana, Juan Muñoz, Thomas Ruff, Andre Breton, Tristan Tzara, Valentine Hugo, Greta Knutson, Kasimir Malevich, Henri Michaux, Dennis Oppenheim, Piero Manzoni, Gabriel Orozco and Eillen Agar. Opening: 10/04/2019, 19h00. Exhibition on view until 22 September. ■ Brochure of the exhibition "Constellations: a choreography of minimal gestures" [EN] [ PDF, 539kb ]
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Nicholas (Velimirović) of Žiča Revision as of 15:39, October 21, 2006 by Arbible (talk | contribs) (→‎Quotes: Bless My Enemies O Lord) St. Nikolai Velimirovich (1880-1956) Orthodoxy in America American Orthodox Timeline American Orthodox Bibliography Byzantines on OCA autocephaly Ligonier Meeting ROCOR and OCA Saints - Bishops - Writers Antiochian - Bulgarian OCA - Romanian - Moscow ROCOR - Serbian Ecumenical Patriarchate: Albanian - Carpatho-Russian Greek - Ukrainian Palestinian/Jordanian Christ the Saviour St. Herman's St. Tikhon's St. Sava's St. Sophia's St. Vladimir's Assembly of Bishops AOI - EOCS - IOCC - OCEC OCF - OCL - OCMC - OCPM - OCLife OISM - OTSA - SCOBA - SOCHA Amer. Orthodox Catholic Church Brotherhood of St. Moses the Black Evangelical Orthodox Church Holy Order of MANS/CSB Society of Clerks Secular of St. Basil Our father among the saints, Bishop Nikolaj Velimirović (Николај Велимировић, January 5, 1880 - March 18, 1956, also rendered Nicholas) was bishop of Žiča in Serbia and the author of several Orthodox books. His most widely-known work is the Prologue from Ohrid. His first name is pronounced and sometimes written Nikolai. 2 Alleged Anti-Semitism 3 Glorification 4 Hymns Nikolaj Velimirović was born in the small village of Lelich in Western Serbia. He attended the Seminary of St. Sava in Belgrade and graduated in 1905. He obtained doctorates from the University of Berne (1908), while the thesis was published in German in 1910, whereas the doctor's degree in philosophy was prepared at Oxford and defended in Geneva (Filozofija Berklija - Berkeley's Philosophy, in French) in 1909. At the end of 1909 he entered a monastic order. In 1919, then Archimandrite Nikolai was consecrated Bishop of Žiča in the Church of Serbia. In April 1915 (during WWI) he was delegated to England and America by the Serbian Church, where he held numerous lectures, fighting for the unison of the Serbs and South Slavic peoples. At the beginning of 1919 he returned to Serbia, and in 1920 was posted to the Ohrid archbishopric in Macedonia, where in 1935, in Bitola he reconstructed the cemetery of the killed German soldiers. During the Second World War in 1941 Bp. Nikolai was arrested by the Nazis in the Monastery of Žiča (which was soon afterwards robbed and ruined), after which he was confined in the Monastery of Ljubostinja (where, on the occasion of mass deaths by firing squad, he reacted saying: "Is this the German culture, to shoot hundred innocent Serbs, for one dead German soldier! The Turks have always proved to be more just..."). Later, this "new Chrysostom" was transferred to the Monastery of Vojlovica (near Pančevo) in which he was confined together with the Serbian patriarch, Gavrilo (Dožić) until the end of 1944. On December 14, 1944 he was sent to Dachau, together with Serbian Patriarch Gavrilo, where some sources, especially the standard Church references, record that he suffered both imprisonment and torture.[1] After the War he left Communist Yugoslavia and immigrated as a refugee to the United States in 1946 where he taught at several Orthodox Christian seminaries such as St. Sava's Serbian Orthodox Seminary in Libertyville, Illinois and St. Tikhon's Orthodox Theological Seminary and Monastery in South Canaan, Pennsylvania (where he was rector and also where he died) and St. Vladimir's Orthodox Theological Seminary now in Crestwood, New York. He died on March 18, 1956. Alleged Anti-Semitism Although recently glorified as a saint by the Church of Serbia, his writings remain highly controversial. Nikolaj Velimirovic was allegedly anti-semitic and he is supposed to have approved of the holocaust. (See Bishop Nikolaj Velimirovic: Addresses to the Serbian People—Through the Prison Window. Himmelsthur, Germany: Serbian Orthodox Eparchy for Western Europe, 1985, pp. 161-162). Others regard his address from Dachau as having been under duress[2][3] and point to the lack of other anti-semitic statements in the rest of his large corpus of writings. He is recorded variously to have said that the Jews "crucified Christ," but such a statement is historically no different from that in the Bible or what Christians have been saying for centuries, which is more an allegation of historical fact rather than the racism which is the heart of anti-semitism. On May 19, 2003, the Holy Assembly of Bishops of the Serbian Orthodox Church, with one heart and one voice, unanimously decided to enter Bishop Nicholai (Velimirovic) of Ohrid and Zicha into the calendar of saints of our Holy Orthodox Church. St. Nikolai Velimirovich is often referred to as Serbia's New Chrysostom. St. John Maximovitch, who had been a young instructor at a seminary in Bishop Nikolai's diocese of Zica, called him "a great saint and Chrysostom of our day [whose] significance for Orthodoxy in our time can be compared only with that of Metropolitan Anthony [Khrapovitsky]. ... They were both universal teachers of the Orthodox Church." Troparion (Tone 8) O golden-tongued preacher proclaiming the risen Christ, Everlasting guide of the cross-bearing Serbian people, Resounding harp of the Holy Spirit, and dear to monastics who rejoice in you, Pride and boast of the priesthood, teacher of repentance, master for all nations, Guide of those in the army of Christ as they pray to God, Holy Nicholas teacher in America and pride of the Serbian people, With all the saints, implore the only Lover of mankind To grant us peace and joy in his heavenly kingdom! Kontakion (Tone 3) Born at Lelich in Serbia, You served as archpastor at the church of Saint Nahum in Ochrid. Taking your place on the throne of Saint Sabbas at Zhicha, You taught God's people and enlightened them with the Gospel. You brought people to repentance and the love of Christ, And for Christ you endured suffering at Dachau. Therefore we glorify you, a new Nicholas well–pleasing to God. "We should not desire the death of a sinner but his repentance. Nothing so grieves the Lord, Who suffered on the Cross for sinners, than when we pray to Him for the death of a sinner, thereby to remove the sinner from our path. It happened that the Apostle Carpus lost his patience and began to pray that God would send down death upon two sinful men: one a pagan and the other an apostate from the Faith. Then the Lord Christ Himself appeared to Carpus and said: 'Strike me; I am prepared to be crucified again for the salvation of mankind.' St. Carpus related this event to St. Dionysius the Areopagite, who wrote it down as a lesson to all in the Church that prayers are needed for sinners to be saved and not for them to be destroyed, for the Lord is not willing that any should perish, but that all should come to repentance (II Peter 3:9)." -- The Prologue of Ohrid. "Bless my enemies, O Lord. Even I bless them and do not curse them. "Enemies have driven me into your embrace more than friends have. "Friends have bound me to earth, enemies have loosed me from earth and have demolished all my aspirations in the world. "Enemies have made me a stranger in worldly realms and an extraneous inhabitant of the world. Just as a hunted animal finds safer shelter than an unhunted animal does, so have I, persecuted by enemies, found the safest sanctuary, having ensconced myself beneath your tabernacle, where neither friends nor enemies can slay my soul. "They, rather than I, have confessed my sins before the world. "They have punished me, whenever I have hesitated to punish myself. "They have tormented me, whenever I have tried to flee torments. "They have scolded me, whenever I have flattered myself. "They have spat upon me, whenever I have filled myself with arrogance. "Bless my enemies, O Lord, Even I bless them and do not curse them. "Whenever I have made myself wise, they have called me foolish. "Whenever I have made myself mighty, they have mocked me as though I were a dwarf. "Whenever I have wanted to lead people, they have shoved me into the background. "Whenever I have rushed to enrich myself, they have prevented me with an iron hand. "Whenever I thought that I would sleep peacefully, they have wakened me from sleep. "Whenever I have tried to build a home for a long and tranquil life, they have demolished it and driven me out. "Truly, enemies have cut me loose from the world and have stretched out my hands to the hem of your garment. "Bless them and multiply them; multiply them and make them even more bitterly against me: "so that my fleeing to You may have no return; "so that all hope in men may be scattered like cobwebs; "so that absolute serenity may begin to reign in my soul; "so that my heart may become the grave of my two evil twins, arrogance and anger; "so that I might amass all my treasure in heaven; "ah, so that I may for once be freed from self-deception, which has entangled me in the dreadful web of illusory life. "Enemies have taught me to know what hardly anyone knows, that a person has no enemies in the world except himself. "One hates his enemies only when he fails to realize that they are not enemies, but cruel friends. "It is truly difficult for me to say who has done me more good and who has done me more evil in the world: friends or enemies. "Therefore bless, O Lord, both my friends and enemies. "A slave curses enemies, for he does not understand. But a son blesses them, for he understands. "For a son knows that his enemies cannot touch his life. "Therefore he freely steps among them and prays to God for them."[4] Beyond Sin and Death (1914) The Spiritual Rebirth of Europe (1917) Orations on the Universal Man (1920) Thoughts on Good and Evil (1923) Homilias, volumes I and II (1925) Prologue from Ohrid (1926) The Faith of Educated People (1928) The War and the Bible (1931) The Symbols and Signs (1932) "Immanuel" (1937) The Religion of Njegos Speeches under the Mount The Faith of the Saints (1949) (an Orthodox Catechism in English) Cassiana - the Science on Love (1952) The Only Love of Mankind (1958) The First Gods Law and the Pyramid of Paradise (1959) The Life of St. Sava. St. Vladimir's Seminary Press, 1989. ISBN 0881410659 "Why are Vigil Lamps lit before Icons?" Quotation: Bless My Enemies O Lord -- by Bp. Nikolai Velimirovich Wikipedia on Nikolai Velimirovic Works online (The New Ideal in Education and The Religious Spirit of the Slavs (1916)) A detailed biography The New Chrysostom, Bishop of Ochrid and Zhicha Life of St. Nikolai Velimirovich, The New Chrysostom, Bishop of Ochrid and Zhicha -- OrthodoxInfo.com) Works by Nikolai Velimirovic from Project Gutenberg East European Perspectives, Article by J. Byford Life of Bishop Nicholai (Velimirovich) in Portraits of American Saints, Compiled and Edited by George A. Gray and Jan V. Bear, Diocese Council and Department of Missions Diocese of the West Orthodox Church in America, 650 Micheltorena Street, Los Angles, California, 1994, pp. 74-77 (Quoted at Serfes.org) Retrieved from "https://en.orthodoxwiki.org/index.php?title=Nicholas_(Velimirović)_of_Žiča&oldid=41567" Modern Writers Serbian Saints Categories > Liturgics > Feasts Categories > People > Clergy > Bishops Categories > People > Clergy > Bishops > Bishops by century > 20th-century bishops Categories > People > Clergy > Bishops > Bishops by city > Bishops of Žiča Categories > People > Clergy > Bishops > Bishops by city > Bishops of Ohrid-Bitola Categories > People > Modern Writers Categories > People > Saints Categories > People > Saints > American Saints Categories > People > Saints > Modern Saints Categories > People > Saints > Saints by century > 20th-century saints Categories > People > Saints > Serbian Saints Categories > Places > Orthodoxy by country > Orthodoxy in America
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Turkey starts naval exercises in Aegean Sea 13 March 2018 11:26 (UTC+04:00) Baku, Azerbaijan, March 13 By Rufiz Hafizoglu – Trend: As a response to naval exercises of Greece, conducted from March 6 to March 30, the Turkish Navy also began exercises in the Aegean Sea, the Turkish media reported citing military sources. Reportedly, the Turkish naval exercises began on March 7 and will continue until April 30. The number of ships of the Turkish Navy, which will take part in the exercises, has not been revealed. As it was previously reported, the Greek Navy began naval exercises in the Aegean Sea. Earlier, Turkish President Recep Tayyip Erdogan confirmed the information about the collision of boats of the Turkish and Greek coast guards. According to the head of state, the incident did not cause problems. Erdogan laid the responsibility for the incident on the Greek side, saying “the Greeks were confused”. Follow the author on Twitter: @rhafizoglu military-naval exercises Erdogan, Merkel discuss Libya by phone ahead of Berlin conference Turkey 05:18 Erdogan calls on Europe to support Turkey's moves in Libya Turkey 18 January 14:01 Turkey’s Arfem Aluminium company talks on plans in Azerbaijan Business 17 January 17:08 Turkish farmers to save money by using solar power Turkey announces early start of construction of new shipping canal in Istanbul Turkey's export of fruit, vegetables down Jerusalem Post: January 20 - page of heroism in history of struggle for Azerbaijan's independence
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OSA Problem A Minimally Invasive Outpatient Technology for the treatment of Obstructive Sleep Apnea Powered by Cleveland Clinic technology, Enhale Medical’s neuromodulation solution leverages scientific discovery and clinical expertise. Significant Economic Cost $65-$165B Estimated total annual economic cost of moderate to severe OSA in the U.S. This is greater than asthma, heart failure, stroke and hypertensive disease ($20-$80B). Harvard Medical School Division of Sleep Medicine, The price of fatigue; The surprising economic costs of unmanaged sleep apnea, December 2010 Sutherland K, Phillips CL, Cistulli PA, Efficacy versus effectiveness in the treatment of obstructive sleep apnea. CPAP and oral appliances. Journal of Dental Sleep Medicine 2015, 2(4) 175-181 Major Patient Burden ~50% of all patients diagnosed with sleep apnea and prescribed CPAP therapy will abandon treatment or fail on CPAP. American Sleep Apnea Association. CPAP Therapy, Attitude and Expectations. SleepApnea.org. Can Respir J. Long-term compliance with continuous positive airway pressure in patients with obstructive sleep apnea. Canadian Respiratory Journal 2008 Oct; 15(7): 365–369. Critical Health Risk 3x - 5x People with untreated sleep apnea face more than 3x the risk of premature death and more than 5x the risk of cardiovascular mortality. Young, T., Finn, L., Peppard, P.E., et al. Sleep Disordered Breathing and Mortality: Eighteen-Year Follow-up of the Wisconsin Sleep Cohort. Sleep. Sleep Research Society. 2008 Aug 1; 31(8): 1071–1078. Prevalence of Comorbidities: Top 5 Conditions Pinto, J.A., Riberio, D. K., da Silva Cavallini, A. F., et al. Comorbidities Associated with Obstructive Sleep Apnea: a Retrospective Study. International Archives Otorhinolaryngol. 2016 Apr; 20(2): 145–150. Our next-generation technology is patient-centered to proactively treat obstructive sleep apnea. Rooted in Science Focused on the development of therapy derived from research into the origins of obstructive sleep apnea. Our technology leverages clinical research and technical expertise of the Cleveland Clinic. Enhale Medical is comprised of a team of some of the best minds in the medical industry. Our team represents a wide range of knowledge across disciplines crucial to a successful venture in today’s ever-changing market. Josh Nickols, PhD Anthony Caparso Frank Papay, MD Scientific Founder Ready to learn more about Enhale Medical? Contact us via email or by filling out the form below. info@enhalemedical.com ©2020 Enhale Medical. All rights reserved.
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A Look Back At The Firebird II Self Driving Car Of 1956 Set your way back machine to 1956, boys and girls, and let’s travel back in time to 1956. Eisenhower was in the White House (when he wasn’t playing golf). Construction of the interstate highway system had just begun. Cars had tail fins and looked like jet fighters. Transistor radios were everywhere and people flocked to shows like the General Motors Motorama that showcased the automotive wonders the future had in store. That was the year engineers at General Motors unveiled their vision of a future in which cars drove themselves on dedicated highways. Similar to air traffic controllers, humans in towers built alongside the road every 20 miles or so would issue instructions about speed and direction to the cars using wires embedded in the roadway. Instructions from the control towers would eliminate congestion and keep us all safe on our journeys. The idyllic future was embodied in the Firebird II, a finned and frothy design that included such technological marvels as an onboard orange juice maker. It was powered by a gas turbine and was the first car ever constructed of titanium. The Firebird II was featured in a recent episode of Jay Leno’s garage. 60 years later, Tesla Motors has brought us forward into the future with a modern day version of the Firebird II that is made of aluminum and features an electric motor. Like the concept car from 1956, it has a large center display packed with driving directions and entertainment options. It also can drive without a human hand on the wheel thanks to an onboard supercomputer 1000 times more powerful than the guidance systems that guided Americans to the surface of the moon and back. The Tesla Model S with Autopilot is a far better car than the visionaries at General Motors could have ever imagined back in 1956. But drivers today owe a debt of gratitude to those people who could peer far into the future and foresee a time when self driving cars would become the norm. For a trip back in time, be sure to enjoy the video put together by General Motors to showcase the Firebird II. You can skip the fanfare at the beginning. The fun begins just prior to the 2 minute mark. Enjoy! Source: CNBC Cruise Claims First Production Ready Self Driving Car Title Fleet Learning Capacity is the Key to Tesla's Lead… Lyft Plans To Go 100% Renewable, Self Driving Chevy… Uber Announces Plans to Buy 24,000 Self-driving Volvo Cars Ford's Self-Driving Business Development is Headed… Ford and Walmart Launch Self-driving Delivery Service Looking Back: 100 Year Old Pope Waverly Electric Car Ads Geely Bo Rui is First Look at Volvo Mild Hybrid Tech Battery Swapping Is Back On The Agenda At Tesla Tesla Pushes Back Model 3 Production Guidelines Looking Back on 20 Years of the Toyota Prius
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The Society (ASEA) Author’s Zone Model Manuscript Reviewers Zone Instruction to Reviewers Become Reviewer Upload Reviewers Report Payments & Subscriptions Journal Membership Form Copyright Transfer Form Authors Consent Form "An International Journal Devoted to Conservation of Environment" (A PEER REVIEWED JOURNAL) ISSN: 2278-5124 (Online) :: ISSN: 0972-3099 (Print) Environment Conservation Journal (P-ISSN: 0972-3099, E-ISSN: 2278-5124) is committed to ensure ethics in publication and quality of articles. The journal tries its best to reinforce transparency, confidentiality and help scientists to fulfill their responsibilities conformance to standards of ethical behaviour is therefore expected of all parties involved: Authors, Editors, Reviewers, and the Publisher. The Journal ensures that manuscript submitted to the journal must be original and no part of the manuscript is under consideration by any other journal. Submission of an article to the Environment Conservation journal itself implies that publication is approved by all authors and the work described has not been published previously and also it is not under consideration for publication elsewhere, Before submission, it is the liability of corresponding author that he/she should ensure that all authors are included in the author list and that all authors have seen and approved the final version of the paper and all are aware about the submission of the paper. Editors’ decisions to accept or reject a paper for publication should be based on the paper’s importance, originality and clarity, and the study’s validity and its relevance to the remit of the journal. EDITORIAL HEAD OFFICE Prof. D.R. Khanna,Environment Conservation Journal, 405, Vivek Vihar, Ranipur More, Opposite Hotel Vinayak, Haridwar – 249407, Uttarakhand, India Environment Conservation Journal, 589 Walpole Cres, New Market, Ontario, L3x2b5, Canada (Zip COde: M2J1M3) Website Developed By Vishal Majumdar Copyright 2000 - 2020 - ASEA | All Rights Reserved
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Tennesse Ernie Ford & Helon O'Connell Tennesse Ernie Ford & Helon O'Connell Radio Plays Tennesse Ernie Ford & Helon O'Connell along with similar artists like: The Countdown Singers, Jerry Irby, Jimmy Bryant, Dan Newton's Cafe Ac… Ronnie Earl & Duke Robillard Les Brown and His Band of Renown Duo Gadjo The Countdown Singers The Amazing Rhythm Aces Johnny Bregar (Children's) Stations With Tennesse Ernie Ford & Helon O'Connell An upbeat subgenre of American country originating in the 1920s, 30s & 40s dance halls of the West. Jim Ed Brown & The Browns, The Hit Crew, Tennessee Ernie Ford, Steve Ivey, Ro… Albert E. Brumley, Jr. Radio Plays Albert E. Brumley, Jr. along with similar artists like: Tennesse Ernie Ford & Helon O'Connell, Vestal Goodman, Jim Ed Bro… Noel Boggs Radio Plays Noel Boggs along with similar artists like: Jimmy Bryant, Don Walser, Don Rich, The Delmore Brothers, The Derailers… Red Knuckles & the Trailblazers Radio Plays Red Knuckles & the Trailblazers along with similar artists like: Willie Nelson & Asleep At The Wheel, Robin & Linda Williams, Alis… Tompall Glaser & the Glaser Brothers Radio Plays Tompall Glaser & the Glaser Brothers along with similar artists like: Jim Ed Brown & The Browns, Earl Thomas Conley, John Conlee, Cliff Car… Bill Boyd's Cowboy Ramblers Radio Plays Bill Boyd's Cowboy Ramblers along with similar artists like: Noel Boggs, Hank Thompson, Speedy West, Tennesse Ernie Ford & Helon O… Don Walser & Pure Texas Band Radio Plays Don Walser & Pure Texas Band along with similar artists like: Tennesse Ernie Ford & Helon O'Connell, Commander Cody And His Los… Tennessee Ernie Ford, Kay Starr Radio Plays Tennessee Ernie Ford, Kay Starr along with similar artists like: Hilltoppers, Bill Boyd's Cowboy Ramblers, Jerry Wallace, Adam Wade, J… From Tennesse Ernie Ford & Helon O'Connell Hey, Good Lookin'
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Fantasist Enterprises Awaken Your Wonder with illustrated fantasy and horror Order the first-edition print copy of Lawrence C. Connolly's Voices: Tales of Horror and get the second-edition ebook pack for free. Fantasist Enterprises > Fantasy Books > Non-Themed Anthologies A Between Books Anthology Edited by Greg Schauer, Jeanne B. Benzel, and W. H. Horner Trade Paperback • 6" x 9" Direct Price: $14.40 Celebrate an iconic indie bookstore! For thirty years, Between Books has provided the Delaware Valley with the absolute best in alternate entertainment—speculative fiction, comics, anime, and gaming. While other stores have disappeared, this shelter from the tides of bitter reality has remained, enduring by providing the finest in every genre, by stacking every shelf, every nook, cranny and tiny space in between with the strange, the beautiful and the terrifying. Now they have brought together many of the authors who have entertained the visitors to their hallowed walls in a collection so splendiferously diverse, it defies conventional description. John Passarella brings us a new Wendy Ward story in which a curse meets its match. A scientist opens her personal Pandora’s Box in a tale by Maria V. Snyder. Gregory Frost finds an Old One in the noir. A roving nightmare auditions a new cast member in a chilling tale by Jonathan Maberry. Catherynne M. Valente paints a hauntingly beautiful picture of Hell. Pleasure and longing collide in a story by CJ Henderson. Memory, loss, and comfort coalesce in a story by Jonathan Carroll. All these and more await you in The Stories in Between. Greg Schauer established Between Books in 1979. It resides at 2703 Philadelphia Pike in Claymont, DE. Fantasy / Horror / SF Short Stories 16 Illustrations 1 2-Page Comic ISBN 10: 0-9713608-8-X ISBN 13: 978-0-9713608-8-4 Foreword by Joseph Gangemi Introduction by Greg Schauer “The Wrestler and the Spear Fisher” by Lawrence M. Schoen artwork by Marcella Harte™ “Beneath Between” by Lawrence C. Connolly artwork by Nathaniel G. Sawyers “Dr. Time” by Maria V. Snyder artwork by Mickey Freed “Squeeze Me” by Don Bethman “Swift Decline” by Gregory Frost artwork by Allen Koszowski “Short Fuse” by Patrick Thomas artwork by Blair Webb “Blood Alone” by John Passarella artwork by Don Bethman “Beyond Imagine” by Mike McPhail artwork by Brian Thomas “Appetite” by Jonathan McGoran artwork by Mike Oreszczyn “Doctor Nine” by Jonathan Maberry artwork by Baron Von Reign “My Grandfather was Adolf Hitler’s Roommate” by Henry Long “Janey in Amber” by Jeffrey J. Mariotte “Vedran” by Jonathan Carroll artwork by Joe del Tufo “The Devil You Don’t” by Danielle Ackley-McPhail “The Dungeon Out of Time” by Walter Ciechanowski “The Wonderous Boundless Thought” by CJ Henderson artwork by Nora Schaefer “Proverbs of Hell” by Catherynne M. Valente artwork by Burt Hopkins Afterword in Sequential Art: “The Legacy of Between Books” by Steve Ressel “Small press anthologies make me squee, anthologies in support of bookstores make me squee, and a TOC with Greg Frost, Cat Valente, Lawrence M. Schoen, C.J. Henderson, and Danielle Ackley-McPhail definitely makes me squee.” —Rose Fox, “Genreville” blog on PublishersWeekly.com “Enough,” said Senjo. “The Kefer are one tribe, one people.” “That is a story told to children,” said Susk. “Even if true, it is distant history,” said Deyco. Wise Senjo painted the mark of the sea bird upon the brows of both men, and the previous lives of their souls returned to them. “It is true,” said Deyco, flushed with generations of memories, several different childhoods, long dead children of his own, and most curious of all, an image of Fesht teaching him to cast his first fishing spear so very long ago. “The Kefer are one people,” agreed Susk, reeling under the weight of past lives, previous wives, even husbands, and the faces of hundreds of friends. “I will unite and lead the people . . .” they both said at once, then stopped, and glared at each other. “The Kefer can be led by but one man,” said Senjo. “They must war among themselves no longer. At the next moon you two will decide this, brother against brother until only one is standing within the fire circle. He I will name as victor. The other will be claimed by the tide, swept south to the reef, and ground across the coral by a storm of my making. When life has at last been stripped from him, his blood will feed the coral and his flesh will nourish the fish.” The brothers stared up at the face of Senjo the Wise; they trembled. At last Susk asked, “Mighty Senjo, when I confront Deyco in the fire circle, what rules govern our conflict?” “We seek to mend history and restore the Kefer,” said Senjo. “Thereare no rules.” << Return to Top >> I have to get out of here. Hugging my load of books and magazines, I headed back to the ladder, which now looked incredibly far away. The lights flickered again. And this time they went out. Darkness fell. I paused and waited for the power to kick back on. It didn’t. The air thickened, becoming stagnant, damp. I blinked, waiting for my eyes to adjust, but I was in total darkness, completely closed in, cut off from any source of light. I pushed on, still carrying the books, wondering how I would know when I came to the ladder. Have to put the books down . . . feel my way. The plan made sense. I could always come back for the books when the power returned. Or I can just stand here and wait for the lights to come back on. But I didn’t like that option. Perhaps it was my imagination, but the air seemed to be growing thicker by the second, closing in until I felt as if I were suffocating in darkness. I put the books down. They thumped around my feet, settling loudly as I moved away. I took a step, then paused, paralyzed with ambivalence. Did I really want to leave them behind? The darkness shifted. I felt myself turning about, getting dizzy in the stagnant air. Get out of here now! Standing on gelatin legs, she stared at the bottle. The champagne was the most expensive brand at the liquor store. She had planned to buy the bubbly and relocate it back in time to celebrate her breakthrough. A fluted glass waited within her desk drawer. Gaye considered sharing the alcohol with her new rat friend for a toast as she retrieved the glass. But when she reached for the bottle, it had moved to the edge. Impossible. The room felt excessively quiet. The dehumidifier had shut off, but Gaye couldn’t remember when. The water pan must be full. She applied logic to calm her thundering heartbeat. An unmistakable feeling of being watched hovered in the room. It seemed as if the airborne moisture had condensed into a being, changing the flow and thickness of the air in the lab. She licked her lips, tasting the sudden dryness. Ridiculous, she chided herself. Paranoid. One minute you’re overjoyed and the next worried that someone will steal the technology. And not just a regular someone, but a water-droplet being. Gaye shook off her apprehension. But when she headed to the dehumidifier, she caught movement at the edge of her vision. The champagne tipped over the lip of the desk. Unable to catch it, Gaye watched the bottle fall. Glass and champagne exploded as it hit the floor, splashed onto her pants, and soaked her shoes. When the dehumidifier kicked on with a roar, Gaye moved so fast she left champagne puddles on the ground. Grabbing her briefcase and the rat’s cage, she raced up the stairs. I drank a little more beer. The guy beside me had on a suit coat, stained and in need of pressing, but probably no dry-cleaning service remained in town. He looked like a fat used-car salesman, or the mayor. He had a mustache over his pushed-out, fishy mouth, and a bulbous nose. In the mirror behind the bar, his large eyes seemed periodically to swivel my way, but when I glanced at him, he was looking dead ahead, his utter disregard of my existence defying my experience. Nobody was this incurious. “Cold night,” I said. Slowly, as if pulling against enormous magnetism, his head, then his eyes, swung in my direction. \Straight on, he looked even more fishlike. The eyes did shift now, as if searching for the memory of speech. “Cold. Nnnh, cold night, sure is.” At once he began turning away. “Is it always like this in Dogget?” “Always. And forever. World without end.” A slow turn to face me.“You passing through?” “Yup,” I said, “on my way up from Lynchburg.” “Long drive. Out of the way, here.” Big pearls of sweat had broken out on his brow, as if it strained him to talk. I could feel other customers looking our way. “Yeah, some business in Eccles,” I said. “I’ve made that drive. State Patrol like to pick you up on the road. Youprolly shouldn’t drink too much.” “I’d go.” “Right. Thanks.” I squashed my cigarette in a tin ashtray and finished off the beer. The restrooms were at the far end of the bar. I pushed up and headed that way. As I passed each booth, I glanced in but kept my head down as if looking at the floor. Some of them gazed over, big eyes glistening. “This is all a joke,” he said. “She doesn’t have the brains to make abomb.” “I know how to use the internet,” Tilly said. “Maybe, but you don’t have the guts to blow me up.” “Actually if she blows you up,” I said, “she’ll have all the guts she’ll need.Of course, they’ll be yours.” “This is all a desperate cry for attention, a ploy for me to take you back.Take the bomb off me and you can come home.” Tilly stood there, lowering her left hand and the switch. She was reallythinking about it. “Oh no, girlfriend, you aren’t going back to that,” Bubba Sue said. “He’ssomething that doesn’t deserve to be on the bottom of your shoe. You gotoff lucky.” Jas and I both looked at her. Sure, he was a nasty piece of work, but ifthis got the bombs off both of them, it was worth the deception. We couldsort the rest out later. “Lucky? What part of this is lucky?” Tilly tilted her head to accentuateher point. “You could have married him first,” Bubba Sue said. Wendy drifted down to the porch level, hoping to catch a glimpse ofthe pale man. For a moment, her gaze slipped right past him. Then, as his head turned slightly, he jumped into focus. Dark tailored suit, jacket unbuttoned over a white shirt opened at the collar. Dark, shoulder-length hair framed a handsome face, sharp-featured and pale with a Greco-Roman nose and full, sensuous lips. Some part of her warned against looking into his eyes, something beyond Abby’s experience, something instinctual, an atavistic alarm. But here and now, unseen, unheard, un-sensed at all, she had her best chance to fathom what type of threat the man presented, including his eyes. And with that rationalization, she forced her attention up from his strong jaw, across his gaunt, sculpted cheeks to— His eyes were so luminous she imagined they would shine in the dark. They were flat and bottomless at the same time, inviting and repelling. Ardent heat and complete oblivion churned within their depths. But above all, they were utterly compelling. And as she stared, a strange and hypnotic fascination crept over her. The man smiled, as if at a private joke. “Ahh,” he said. “What is this now?” His voice was deep and soothing . . . and almost as compelling as his eyes. “You wish to dance close to the flame, my little moth.” He laughed, a thoroughly masculine and enchanting sound. His head tilted back, revealing a flash of white teeth and, at either side of his mouth—fangs. The troopers’ jog slowed to a walk as they approached their target, cautiously moving beyond the stack of massive storage boxes. Kotov carried his weapon at the hip, moving it slowly from side to side to keep its momentum up; on his display, its targeting reticle and pip floated ethereally out in front of him. Bauer flanked him to his left; his own weapon was up and at the ready. They stopped. Bauer turned so he was standing almost back to back with Kotov. The death marker was somewhere on the other side of a low wall of a stone-like substance jutting out across their path. To their left, a massive one-story structure extended off into the distance; it appeared to be a glass-enclosed holding area. On their right was the drop off. “I’m moving up to the wall,” Kotov said, already on the move. “Acknowledged.” Bauer swung around and aimed past his comrade. Kotov stood facing the wall. “Suit-mode, gun view.” An inset screen opened at the bottom of his display, showing a live feed from the targeting scopes mounted on the nose of his weapon. He slowly moved it out and away from cover. The image was surreal; Kotov wasn’t a religious man per se, but he was brought up within the teachings of the Church. At this moment, he truly did believe in the existence of hell. After all, that’s where demons came from. For the first year I used Napeteine, I was careful to come off it periodically. After a while, though, I noticed some long-term changes. Skin tone was one—a kind of grayish pallor—but that was a small price to pay for those rock-hard abs. I went back into the lab and created a tanning cream that struck gold again. It didn’t sell like Napetiene, but it sold quite a lot. After that I looked even better; tanned and fit. The Napeteine also started to affect my thoughts, though. I couldn’t say exactly how, but I had a sense that it did. I became more impulsive. On a hunch, I sold the Napeteine at the height of its popularity. And I made sure it was to my old employer, Taylor and Rice. I could have gotten a few hundred million more from some other suitors, but I wanted it to be Taylor and Rice. I almost felt guilty about the sum I got from them, but that was another change: I had all but stopped experiencing feelings like guilt. The biggest change, and the most disturbing one by far, was that food just didn’t taste good anymore. I no longer enjoyed it. And what good is a pill that lets you eat whatever you want if it also makes you not want to eat anything? For a diet pill, it was ideal in a way, but I liked food and I wanted to continue to enjoy it. That was when I came off Napeteine for good. And that was when I realized the changes were permanent. My taste for food never did come back, or at least not like before. Instead, I felt a sort of deep, constant craving that was never sated. He exerted a fraction more of his will and the little girl lifted her sad eyes toward his window. He made her see him through the dark glass, and as she turned toward him, she saw him and she knew him. From dreams she knew him. From dreams that her parents and her sister would have called nightmares; dreams that, had they been unlucky enough to share them, would have sent them shuddering and screeching into the nearest patch of light. As if light could protect them. He knew—could feel and sense and taste—that this little girl had dreamed of him, that she knew his name as well as she knew her own pain. As well as she knew her own need. Doctor Nine looked into her mind and knew that there were no gods in her dreaming world, just as there were none in her waking hell. When she looked into darkness, whether behind closed eyes or under the bed or into the moonless sky she saw only him. He was always there for her kind. Always. Doctor Nine smiled at her. The little girl looked at him for a long time with her owl-brown eyes. When she finally smiled, it was a real smile. A smile as hot as blood and as sweet as pain. Her small mouth opened and she spoke a single, silent word, shaping it with her need and her love for him. Back at their flat, Hitler remained quiet and gloomy. Attempting to coax his roommate out of his funk, Karl made a positive suggestion. “Adolf, why don’t you apply to the academy?” “The Vienna Academy of Fine Arts?” “Bah! Why should I?” He paused. “Do you really think I am good enough?” “Of course! Why not? You’re just as talented as the other artists making a living around here, if not better.” “Social parasites!” “That’s what I’m saying! Schedule an appointment, get your portfolio together, and see what happens! You get in, great! If not, nothing changes and you can still try again next year.” “What about you? Why not apply, yourself? You are a good painter too, in your own way.” “I’m a house painter, not an artist. I don’t have those kinds of ambitions. My talent is a slight one. But you, Adolf, you’ve got something big to say to the world.” “Hmmm. I do. Yes.” “You could become really great.” “Yes. Yes.” “You could change the world!” “That is not a bad idea.” “The world is full of far worse ideas.” “I am going to do it! I am going to attend the Vienna Academy of Fine Arts! I will show the world what Adolf Hitler is capable of!” “You like this place, don’t you?” Jack asked. “Yes.” Janey answered without hesitation. She sniffed the autumn air, which carried hints of wood smoke and dark spices and enough of a chill to start her nose running. She touched its tip. “Out here, I mean. In the yard, it’s . . . the most like it was. Inside . . . I can hardly find Dad in there at all. Or me.” “Fortunately,” Jack said, draping a strong arm over her shoulders, “I can always find you, inside or out.” “That is a good thing.” Janey burrowed against his chest for a minute. His other arm wrapped around her, cutting the cold, like rolled blankets against her shoulders and back. “We should go in,” she said, wishing she didn’t mean it. She would give anything to stay here, in Jack’s arms, captured in the dying rays of the sun. Like an insect trapped in amber, she could remain that way forever, watching the eons pass from within a golden cage. “I’m sure she’s fine,” Jack said. “She’s probably asleep.” “Probably. But I think we should look in.” Jack kissed her forehead. He hadn’t shaved that day, and his chin rasped against her flesh. “Whatever you say, darling.” And Janey thought, idyllic, that’s the perfect word for what this is. Idyllic. This time he brought out a very sleek, quite beautiful folding knife. “Look at this—it’s my Vedran Corluka.” He held it out for the other man to take, but Edmonds only stared at him. “Why do you call it that? Vedran Corluka is a professional soccer player.” Ken nodded and snapped his fingers. “Right! You’re a soccer fan too. Excellent. Yes, he plays for the Croatian national team. But I call it that for a reason. This was the last Christmas present my wife gave me. I like pocketknives; I have a collection. But this one—well, you can see how ’specially nice it is. Victoria had it custom-made for me by a guy in Montana. I liked it a lot when I got it, but only after she died did I really start paying attention to it.” “Paying attention? What do you mean?” “I went a little crazy after my wife died, Bill. We were married thirty-seven years and most of them were damned good. Did you have a good marriage?” Edmonds nodded. “Then you know what I mean. Vedran Corluka was her favorite player. She didn’t know beans about soccer, but she liked his name. She liked to say it. Whenever I was watching a game on TV, she always came in and asked if Vedran Corluka was playing. “So that’s why I gave this knife his name. It was her last present and he was her favorite player. I always carry it now. When I get really down, I just grip it tight in my pocket and that usually makes me feel a little better. It makes some of the sadness go away.” “Watch out!” An alert on the drive console went off moments after her shout. “Campbell, evasive maneuvers!” Sarge snapped out the order as he helped man the controls. “Clear trajectory, two degrees port.” They barely missed the burnt-out hulk. Eyes still riveted, Kat hit record on her system, catching every frame as the external cameras tracked the wreckage they’d nearly plowed into. There would have been no coming back from that. It wasn’t huge, but according to the data scrolling across the bottom of her screen, it was dense. The images were beyond disturbing. It drifted there like a recently fissured geode. The exterior was nothing but a rock; the exposed interior was a compact craft smaller than one of the escape pods, the standard kind that had earned the epitaph “The Can” for good reason. What Kat saw on her screen was barely bigger than a sleeptank. The camera panned some more as they passed the obstacle. Kat gasped and her grip on her computer white-knuckled. From over her shoulder she heard a chorus of “Damn!”s and not a few gulps before Sarge’s voice cut through it all. “Enough!” he barked. “Break it up.” She bit back a more vehement “Damn” of her own. She knew what they were looking at, and she felt cheated. “I was wrong; someone else got him.” Keeping my eyes riveted to the passing forest beside me, I began to craft a Dangerous Dungeons scenario. I could see an unfortunate soul, about the same age as me, although taller and a bit faster, rushing through the trees away from some unseen danger. It would not save him, though, and he knew it. I imagined the unearthly howls of the vicious creatures chasing him, like a huntsman’s dogs flushing out his prey. The flushing was especially apt, as the young man bolted out of the tree line and raced toward our car. It was all in my mind, but at the moment, that boy was more real to me than the seagulls and the sun. In fact, my mind had edited them out. It was now pouring rain in the dead of night. The poor soul was clad in a drenched Members Only jacket and jeans as he waved his hands furiously for my dad to stop. For some reason I felt I knew this boy, even though he was only a character painted in my head. And then the dogs burst from the trees behind him. They were horrid reptilian creatures, large and hairless, with glowing, green eyes and foaming, too-large maws. The boy didn’t stand a chance as two of the savage beasts leapt upon him from behind. One dog ripped out his throat and the boy’s blood sprayed across our windshield. A third dog didn’t bother with the easy kill, turning its attention instead towards me. I recoiled in horror as the beast howled and leapt through the window of the car. From my family’s viewpoint, of course, I’d just squealed and jumped for no apparent reason. My sister found it hilarious. “See a dragon?” Janet chuckled. “We have everything we want, correct?” Again there was a wave of jocularity, but in the end, a consensus was reached that the current age was one of marvels and unlimited access to everything that had ever been imagined in all the long history of mankind. People lived as long as they desired. Everyone had work they could be proud of, some toiling as greatly as eight, nine hours every week. Foods from around the world were obtainable at a moment’s notice. Robots did all minor chores, and most major ones. One could eat endlessly and never gain weight, or not eat at all. One could visit the moon, picnic in high orbit, study the bottom of the oceans, climb the highest mountains, go surfing in the morning and sky diving at night—all without leaving their homes, all without leaving their favorite sex partners. Anything could be downloaded directly into one’s brain. The entirety of that wonderful organ had been mapped, charted and mastered, so that now it controlled the body the way its owner wished it to be controlled. It was a perfect, utterly delicious world, one with all the learning, sleeping, sex, eating, or anything else one could want at their fingertips twenty-four hours out of every day. “Well, that’s what this idea is all about. Focus all—I stumbled across this in the oddest place. I was thumbing through the philosophy warrens . . .” “Do you know what a demon is?” She clenches me between her bony knees, her leathery face keen and dear against mine. The shape of her lips is perfect, a beatific sneer. She closes her eyes and strains against me, her arms thin and strong. She rides me, I can feel myself a beast beneath her, her servant, her chattel. I hear a little slushing sound as her tail makes shapes in the dust. I tell myself she is not like this with the others. That her fingers in my ventricles are more tender, that the taste of my blood is sweetest. Her eyes wheel fire. “We were all of us angels, once. You can still smell it on us. The seal of heaven on our foreheads, the kiss of God. It smells like silver boiling. The first of us would not bow down to Adam. Then they would not work as menial laborers, wrestling and staying hands and spouting iambic prophecy. Then some few of us said ‘Adam is dead and gone. Can not our friends return, and our lovers, our brothers and sisters?’ ” Noster clears her throat gently, as if recalling a painful thing. “And some of us cried out in the dark, saying ‘We wish to feel your love, O Lord, and we do not, for your face is turned to Earth. Will you not test us as you have tested men, make us to suffer in your Name, ask of us terrible deaths, so that we may warm ourselves at the fire of your Heart?’ And thus we learned, all of us, that to ask a question of the Lord Highest is to be cast out of Heaven—it matters little what the question is. We forgot to submit; we asked at all.” Her hooked hands grip my cheeks and there is so much blood between us. 10% Off 2011 Bram Stoker Award Nominee 2012 World Fantasy Award Nominations art Awakenings Borders Catherynne M. Valente Colonial urban fantasy D. B. Jackson David B. Coe e-newsletter editing Fantasist Enterprises fantasy art FE horror I Hear Voices Sale illustrated imagination inspiration James L. Sutter Jason Zerrillo John Helfers Jon Sprunk Julie Dillon landscapes Lawrence C. Connolly Matt Stawicki memory new website Rhonda Libbey Sails & Sorcery sale short fiction short stories source of ideas the virtual real THIEFTAKER Veins Cycle Voices Voices: Tales of Horror VORTEX Waldens wonder writing Tweets by FantasistEnt Return to Home • Return to Top • Log in All content is © 2020 Fantasist Enterprises. Hosted and designed by W. H. Horner Editorial & Design.
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nicec The next NICEC seminar on Monday 18th November 2019 5.00pm-6.30pm will be focusing on Careers Provision in Further Education. We’re planning for the event to spark thoughts and conversation from attendees on the similarities and differences on the Careers provision in Further Education compared to other settings as well as putting the spotlight on a sector not always well represented in Careers policy conversations. Sometimes referred to as the “forgotton” sector in Education, Further Education is currently enjoying a rare period in the national spotlight as new vocational qualifications come on line and policy makers raise the importance of the sector to a post Brexit skills landscape. We’re fortunate to be joined by Anthony Barnes, one of the authors of the Gatsby Benchmark toolkit for Colleges and Emily Tanner from the Careers and Enterprise Company who will revealing new Compass data based on responses from the FE sector. Speakers include Russell George – will introduce the session with an overview of the context of work in FE including the roll-out of T-levels and funding constraints and provide a case study of delivery in Milton Keynes College Anthony Barnes will share insights from the development of the Colleges Gatsby Tool Kit on challenges and good practice in careers provision. Emily Tanner will share insights from The Careers & Enterprise Company drawing on the Compass benchmarking tool. There will then be a discussion on similarities and differences with delivery in other settings. Register for tickets to join us at Hamilton House (WC1H 9BB) for the seminar here: https://www.eventbrite.co.uk/e/careers-provision-in-further-education-tickets-77371441063 Posted in Careers Theory, CEIAG Policy and tagged Careers Entreprise Company, gatsby foundation, nicec on October 25, 2019 by fecareersiag. Leave a comment At a recent NICEC seminar on social justice the discussion coalesced around two of my favourite interests; Careers and films. Social Justice Careers work asks CEIAG practitioners to not only be versed and mindful in the wider socio-economic and sociological factors that may face their clients but also involve into their practice information, guidance and challenge to enable individuals to better recognise and navigate the adverse winds of a system weighed against them. Hooley, Sultana & Thomsen have published two collections of chapters on this subject with the aim of shaping a new dialogue around pluralistic approaches to careers guidance and advocating a place for socially minded guidance in a neoliberal world. A focus of both one of the chapters and the session that I attended was a workshop for practitioners devised by Kristin Midttun and Phil McCash about Social Justice which introduced and allowed discussion of the work of Barry Irving who proposes a four concept model. For Irving, a recognitive perspective tasks practitioners to take the point of view that clients will have influences and factors that shape any basic wish to participate in the labour market. A client’s family and community will influence their choice making process and may even cause options to be ruled out completely and have faced socio-economic repression as a community that has molded those views. With this recognition, then CEIAG practitioners can play their part in helping the clients they serve overcome oppression, Hence, I am in agreement with Arthur (2014), that “A just society would be one in which the constraints of oppression and domination are eliminated, allowing people from all groups to develop and reach their full human potential” These “group identities” can result in a wide range of macro outcomes, for example the lower number of young people from ethnic minority backgrounds employed as apprentices or lower application rates to Russell Group universities from those with suitable grades but from lower income areas. It struck me that the tensions that rise to the surface in those groups (family, community, culture) when the non-recognitive perspective is challenged is also a rich sourcing ground for film makers looking for stories. A number of films concentrate on the tales of individuals breaking molds created by or forced upon groups who face social injustice. A non exhaustive run down of films in this category could include: A young Muslim teen in 1980’s Luton discovers the lyrics and music of Bruce Springsteen which opens his eyes to a career in writing and life beyond what his family have imagined for him. Based on the biographical writings of the Luton journalist Sarfaz Manzoor, the film is a coming of age or Bildungsroman tale in which the protagonist discovers artistic and cultural influences that initially clash with his own family identity but ultimately allow him to discover a talent upon which to base a profession. From the same Director, Gurinder Chadha, who previously had success with Bend it like Beckham, a film with similar themes of family and religious tradition (in this instance, the main character is from a Sikh background) clashing against the protagonists non traditional career choice. Billy Elliott The hugely successful film based on a play that went onto become a hugely successful musical is a core example of this genre as a young boy from a northern, mining community breaks the expectations of gender and class to embrace a career as a ballet dancer. A recurring theme of these films is the main character’s need to embrace a career with an artistic or expressive aspect that eschews the practical vocations in the local labour market. Hairspray/Flashdance/High School Musical This films are grouped together as the main characters share the same wish to forge a career in singing or dancing. Characters face initial resistance to achieve their career goals as their appearance (Hairspray), interest in a non macho pursuit (High School Musical) or lower class background (Flashdance) do not conform to the traditional sourcing pools for these areas. Another film in which a protagonist breaks loose of class and appearance stereotypes to achieve a desired career is Legally Blonde. Based on a book which found it’s inspiration from the author’s real life experiences attending Stanford Law School. Our protagonist here uses knowledge and skills gained from her interest in beauty and presentation and, with plenty of studying hard montages, uses these traits to break free of the expectations of her community to win the case and show her suitability for the academic world of law she wishes to gain entry to. An example of this genre of film from outside Western Cinema would be the highly enjoyable 2018 Hindi film Pad Man. Based on a true life story of a social entrepreneur who battled against societal, family and gender conformity to design, market and sell hygienic sanitary wear for women across India. This is an interesting example to include as the protagonist of the film is male and so coming from a more traditional position of holding societal capital within the depicted community but entering a career field in which he faces obstruction due to community tradition, religious separation and family expectation. The self-developmental motivations of the character are important to note and the wish for societal change that empowers previously oppressed individuals. A vital aspect of the success of the invention is the establishment of small sanitary pad factories, staffed mostly by women, that can produce and sell them throughout the rural villages. Hidden Figures/Men of Honour/Marshall/42 A sub-genre within a sub-genre are films which (usually based on true stories) tell of the hard won advancement towards equality for African Americans across professional spaces. Hidden Figures details the important work of woman of colour in engineering and maths for NASA, Men of Honour focuses on the first African American Master Diver in the US Navy while Marshall and 42 tell the tales of Thurgood Marshall and Jackie Robinson breaking barriers to succeed in their chosen fields of law and baseball. These films have their own tropes which, through audience familiarity, can cause subsequent films to achieve diminishing cultural returns despite telling important stories. This phenomenon is brilliantly teased in this Bill Burr stand-up bit on the subject of race in movies But, despite the ribbing because of the similarities, a social justice issue remains in the construction of the protagonists career in each story depicted. When looking at these films, it struck me how the construct of the narrative ensures that the protagonist is presented as the hero to the audience with their goal of forging into a new world beyond the limits that family/religion/community/society impose upon them. The Hero’s Journey In his defining text “The Hero with with a Famous Faces” Joseph Campbell outlined the monomyth structure of the Hero’s journey. The protagonists in the films described above all experience the call to adventure that Campbell describes sometimes even through happenstance, The adventure may begin as a mere blunder… or still again, one may be only casually strolling when some passing phenomenon catches the wandering eye and lures one away from the frequented paths of man Billy Elliott is sent to the gym to learning boxing and only happens upon a ballet class by accident. Elle Woods in Legally Blonde applies and starts at Harvard Law with the initial aim of winning back her boyfriend who has enraged her by not proposing. A little way into the journey a mentor appears, the first encounter of the hero journey is with a protective figure (often a little old crone or old man) who provides the adventurer with amulets against the dragon forces he is about to pass such as Robert De Niro’s Master Chief Petty Officer in Men of Honour. An initiation period starts Once having traversed the threshold, the hero moves in a dream landscape of curiously fluid, ambiguous forms, where he must survive a succession of trials. such as Jimmy’s (Eminem) initial rap battle in 8 Mile when, defending his co-worker, he causes a significant set back and a further challenge to rise again from his mentor Future. The build up of the pressure between the hero and the barriers inhibiting his journey now has to come to the forefront In this step the hero must confront and be initiated by whatever holds the ultimate power in his life. In many myths and stories this is the father such as Jess admitting to her mother that she has secretly been playing football and wants to take up the offer of a scholarship at an American College in Bend it like Beckham. The ultimate boon is the achievement of the goal such as Alex’s successful audition at the end of Flashdance but then our hero finds acceptance with those who implemented the barriers that inhibited them originally, The full round, the norm of the monomyth, requires that the hero shall now begin the labor of bringing the runes of wisdom, the Golden Fleece, or his sleeping princess, back into the kingdom of humanity, where the boon may redound to the renewing of the community, the nation, the planet or the ten thousand worlds such as the example of Billy’s father attending a performance of Swan Lake. Impact on CEIAG & Social Justice Is it too far to propose that the presentation of these protagonists as positive heroes and heroines shapes perceptions and views of those who do not enact this positive self-identity and break out of the restraints that hold them back? Do CEIAG practitioners allow such media to shape their own practice when working with clients facing repressive barriers in their own lives and do practitioners take their clues from such media about what is even repression to begin with? This can raise complex professional issues for practitioners when working with clients from a wide range of backgrounds that can influence career choice; those from ethnic minority backgrounds, faith backgrounds, from areas of social deprivation or, indeed, areas of relative prosperity may all have career options defined to some extent by their background and upbringing. and the social in/justice levied on their community. For careers practitioners a moral question of practice results; is the role of practitioners to be a disruptor in that space, an agent of challenge to a group identity that has been formed from influences either within or outside the group? The issue of what can be considered a social justice issue and the difficulties of framing are addressed by Rice in Career Guidance for Social Justice and Nancy Fraser who argues that many social justice movements in the 1960s and 1970s argued for recognition on the basis of race, gender, sexuality, or ethnicity, and that the focus on correcting misrecognition eclipsed the importance of challenging the persistent problems of maldistribution. In other words, Fraser asserts that too much of a focus on identity politics diverts attention from the deleterious effects of neoliberal capitalism and the growing wealth inequality that characterizes many societies. which could be considered a warning to CEIAG practitioners who answered “yes” to the questions above. Films which tell stories from diverse spaces and with diverse characters are to be welcomed. For reasons of representation and richness, we should all want stories with and about communities and characters beyond the mainstream but those stories which focus on career goals can cause ripples beyond the positive of greater inclusion by establishing inspirational role models who create deviant archetypes that those outside of those communities believe to be more desirable or more frequent than reality. Treating clients as individuals and utlising frameworks such as the recognitive perspective is part of a CEIAG practitioners skillset but more vital to enacting social justice is enabling CEIAG practice to flourish in communities and groups who struggle to access CEIAG support and the social capital it can bring. Posted in Careers Theory and tagged 42, apprenticeships, Barry Irving, Billy Elliot, Blinded by the light, Flashdance, Hairspray, Hidden Figures, High School Musical, Joseph Campbell, Legally Blonde, Marshall, Men of Honour, nicec, Pad Man, Russell Group, Sarfaz Manzoor, Social Justice on October 8, 2019 by fecareersiag. Leave a comment 2019 NICEC Conference programme Coming over the horizon is the 2019 NICEC Conference “Changing Boundaries; career identity and self” in April which is sure to be a CPD highlight of the year. You can read the summary of the event, click on the link to book your place and see the keynote speakers and workshop programmes below. NICEC, the National Institute for Careers Education and Counselling) invites you to its conference ‘Changing Boundaries; career identify and self: An international conference on research, practice and policy in career development’ which is to be held in Manchester on 16th-17th April 2019. The attached programme reveals keynote speakers from the Australia (Mary McMahon), Denmark (Rie Thomsen) and the USA (John Amaechi and Michael Arthur) and a wide range of sessions from contributors from all over Europe. We will explore themes such as, career identity, innovation in practice, social justice, career research, and include presentations from Tristram Hooley, Jenny Bimrose, Peter Plant, Wendy Hirsh, Stephen McNair, Fiona Christie, Mark Yates, Rosie Alexander…. and many others you may have yet to meet. Further details and booking information can be found at https://www.eventbrite.co.uk/e/changing-boundaries-career-identity-and-self-an-international-conference-on-research-practice-and-tickets-48343197806 For any queries, do please contact info@nicec.org Please do feel free to pass on this email to your colleagues or Career Leaders in training; we very much welcome their participation. Looking forward to welcoming you to Manchester Please do take a look and see if you are able to join us for a couple of thought-provoking days. Posted in Careers Theory, CEIAG Policy and tagged conferences, nicec on February 20, 2019 by fecareersiag. Leave a comment NICEC 2019 Conference – Changing boundaries: career, identity & self The 16th & 15th April 2019 at the Chancellors Hotel and Conference Centre (google map link) will see the 2019 NICEC Conference (titled “Changing boundaries: career, identity and self) take place. https://www.scribd.com/document/389398754/NICEC-Conference-Flyer The Conference is open for ticket bookings through Eventbrite here: https://www.eventbrite.co.uk/e/changing-boundaries-career-identity-and-self-an-international-conference-on-research-practice-and-tickets-48343197806 but is also open for workshop suggestions and leaders – We invite contributions for workshops from a broad range of presenters conceptualising ‘changing boundaries’ in different ways to reflect the diversity in thinking and innovation in policy-making and practice. Key questions that the conference aims to address include: What influences career identity and the self? Can disruption be fruitful? What does the future look like? What conceptualisations of career will be needed? Where is the continuity and where is the change? We welcome abstracts of up to 300 words for individual presentations (20 minutes) and up to 500 words for symposiums (one hour). Abstracts should be submitted to julia.yates.1@city.ac.uk by 31st October 2018. I understand that CPD funding can be hard fought for and carefully allocated in these times but I would encourage you to consider dedicating some towards a conference which promises to be a thoughtful and considered look at the future of careers work. Posted in Careers Theory and tagged forthcoming conference, nicec on September 25, 2018 by fecareersiag. Leave a comment The National Institute for Career Education & Counselling (NICEC) is a learning “Fellowship of people committed to understanding and developing career education and guidance practice and policy in the UK and across the globe” that has been in action since 1975. I’ve been aware of the group and their work for many years through the NICEC Journal which I read with great interest when it landed in my pigeon-hole (back when you got a hard copy as part of a CDI membership) and have attended numerous workshops at events over the years led by a number of the Fellows. The network is organised as group of invited Fellows and a membership of individuals interested in career theory and practice who then receive the Journal and are able to attend the networking and evening seminar events put on throughout the year. An annual conference is also part of the offer with next year’s planned for April 16th 2019 with the theme of “Changing boundaries: career, identity, and self. An international conference on research, practice and policy in career development. “ I post as I have been invited to join as a Fellow and feel extremely privileged to take up the offer. Please do keep an eye out for future NICEC seminars that I will advertise and take a look at the Conference and, if you see something that interests you, sign up! I’ll see you there. Posted in Careers Theory and tagged conferences, nicec on September 12, 2018 by fecareersiag. Leave a comment I’ll take Option 3 please David: The Future of Careers Work in Schools It’s a generic sign post image! This week, I was fortunate to attend a NICEC seminar on the Future of Careers work in schools and listen to some very thoughtful and knowledgeable contributions on the recent history and immediate future of CEIAG in schools. The discussion about future changes was structured around David Andrews’ discussion paper, “The future of Careers work in schools in England: what are the options?” http://www.thecdi.net/write/The_future_of_careers_work_in_schools_in_England__March_2013.pdf It’s rare that a policy facing document a) actually knows how recent changes in guidance are playing out on the ground and b) is able to offer realistic suggestions for future evolution so it’s very much worth a read. And, as you might have spotted from the title above, one of the suggested paths forward makes most sense to me. Option 3 – School-based career development advisers – “all schools would be required to employ their own careers advisers who would be responsible for providing face to face careers guidance to pupils and could work with teaching staff to plan and deliver programs of careers education.” Reasons why I think this is a good structure: “Top down” guidance that has the best chance of impact and success is policy that embraces and enables drivers of change that can happen from the bottom up and I think there are a couple of these drivers already in place in schools now to enable a structure for Careers work to flourish. Headteachers have never had more freedom to shape their school to how they see fit. They have the flexibility to change their provision on offer to the local community from the curriculum, to their staffing structures to the length of the school day. These freedoms spark a desire to find what works for their community, students and parents and put it in place. The Careers community needs to shout that good Careers work should be part of that offer. Stephen Twigg has said that he wishes to spread some Academy freedoms to all schools so this driver of change is here to stay. Heads have also never been so aware of the need for their school to have a good reputation, both nationally and in the community, and are using marketing and PR to take control of the message to form that reputation. The current legislators believe in choice as a driver for improvement in the school system and the natural offshoot of competition is reputation management and the need to promote positive stories associated with a school. Good Careers work in practice (employer visits, tasters to FE & HE, Enterprise activity days etc ) produces these positive messages and the data from sustained good Careers work produces positive outcomes. Again, we need to make this case to leaders in schools. Following on from that point, the publication of destination data on the performance table website is another lever to pull. To what extent schools will incorporate these statistics into their PR messages (or to what extent parents will pay attention to it) remains to be seen as the headline 5 A*-C % is still the all-powerful measure but it’s data that’s out there and can be utilised. Other reasons it would work: It makes sense from the young people’s point of view – I’ve already posted about the benefits of having a dedicated Careers person as part of the school community that is known to the students and accessible to them here: https://fecareersiag.wordpress.com/2013/04/10/the-nfer-discussion-panel-on-pre-neets-misses-a-trick/ I haven’t seen the publication of the research talked about there; if it’s come out and I’ve missed it, please let me know! A Careers practitioner as part of the school staff also has a much better chance of folding careers work into subject curriculum’s through building relationships with subject leaders and fostering a reputation for offering quality stuff The cat is already out of the bag – any rigid, top down approach would struggle to accommodate the variety of solutions to the statutory duty already in place as some schools have already reacted to it. The Ofsted survey should help clarify the extent and diversity of these solutions but any national structure such as mooted in Option 2 would have to adapt so much to place its-self in local contexts that it would end up not being a national structure. What it would take to ensure this would actually be a good structure: Monitoring & Ofsted – as David says, “the risk to impartiality is a big issue” with this option. Ofsted is going to be looking at Careers as part of inspections from September 2013 but how rigorous in regards to impartiality this will be remains to be seen. Ofsted and Local Authorities would have a key role to play here that cannot be underplayed. Training & forums for best practice sharing – National bodies such as the CDI and the NCS could take the lead here in offering inexpensive and comprehensive training for the school based Careers practitioner and maintaining the register of suitably qualified practitioners. LMI & links to employers – again the CDI and NCS, as well as local networks, could enable bridges across that divide building on the desire of schools to market themselves to the community and to prove the competency of their Careers programs to Ofsted I’m acutely aware that I’m a Careers practitioner in school arguing the case for Careers practitioners in schools but I hope I’ve stepped outside of the bubble of self-interest in this post and presented a realistic scenario. Having experienced the recent lack of interest and investment in Careers work in schools from the Dfe (“this is isn’t delegation, it’s abdication!” copyright Tony Watts) it also seems to me that the evolution of the service I’ve outlined also has the best chance, with continued advocacy, of actually evolving in reality. Posted in CEIAG Policy and tagged careers work in schools, ceiag policy, david andrews, dfe, nicec on June 30, 2013 by fecareersiag. 2 Comments
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Published On: Wed, Oct 9th, 2019 Political News | By editor5 Shah takes on Cong over Art 370, Rafale `shastra pooja’ Kaithal (Har), 10 October, 2019: Union Home Minister Amit Shah Wednesday attacked the Congress for its stand on Article 370 and also took on the party over criticism of the shastra pooja performed on the first Rafale aircraft acquired by the country. “Congress leader Rahul Gandhi opposed scrapping of Article 370. I want to ask Rahul to make it clear whether he is in favour or against the scrapping of Article 370,” the BJP president said at a poll rally here, referring to the abrogation of the special status for Jammu and Kashmir. “The Congress has to oppose whatever BJP does,” he said. Shah was scheduled to address three public meetings during the day in Haryana, which goes to the polls on October 21. He said there was a feeling among people in the country that Jammu and Kashmir was not fully integrated into the Indian Union with Articles 370 and 35A acting as stumbling blocks. He said nullifying Article 370 had nothing to do with politics. It was about country’s security, but Congress voted against it.” In an apparent reference to comments by some Congress leaders on the shastra pooja performed by Defence Minister Rajnath Singh, he said Congress people felt bad about this too.” Rajnath Singh took delivery of the multi-role combat aircraft in France on Tuesday after performing a traditional Dussehra worship of arms. “Yesterday was Vijayadashami, marking the victory of good over evil… I want to congratulate the prime minister and the defence minister on Rafale,” he said. He attacked former prime minister Manmohan Singh, accusing him of reading out whatever was given to him by madam (Congress president Sonia Gandhi). Senior Congress leader Randeep Singh Surjewala is seeking re-election from Kaithal. The ruling Bharatiya Janata Party is seeking a second term in the state and has set itself a target of winning over 75 seats in the 90-member assembly . PM Modi launches USD 4.2 mn redevelopment project of iconic Hindu temple in Bahrain राजस्थान यूनिवर्सिटी छात्रसंघ चुनाव- हनुमान बेनीवाल के समर्थन से गड़बड़ाया एनएसयूआई का गणित Trump asks Imran Khan to ‘moderate rhetoric’ with India over Kashmir With ‘sabka vishwas’, govt working to meet people’s aspirations, dreams: Modi
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Moment British group are sent flying from a minibus Terrifying moment British group are sent flying from a minibus when it crashes at the start of their Thai holiday, leaving the injured tourists sprawled in the middle of a motorway CCTV footage shows the vehicle veering off after the rear left wheel exploded Several of the British tourists were flung out of the van and left lying on the road All eight of the Britons were taken to hospital, three of them critically injured By Tim Stickings For Mailonline This is the terrifying moment a group of British tourists were sent flying from their minibus in a motorway smash in Thailand. CCTV footage shows the silver vehicle veering off after a wheel exploded and spinning out of control into a central barrier yesterday. Several of the tourists were thrown out of the van and left sprawled in the middle of the highway as motorists behind them frantically applied the brakes. All eight tourists in the minibus were taken to hospital, three of them critically injured, just hours after they had landed in the country. Out of control: CCTV footage shows the silver vehicle veering off after a wheel exploded and spinning out of control in Thailand yesterday Impact: The minibus ploughed into the central reservation on the motorway as the group travelled from Bangkok airport to a popular party resort Debris: People were left sprawled over the motorway, luckily far enough ahead of other cars that motorists were able to brake in time The group had landed in Bangkok yesterday morning and were on their way to the popular party resort of Pattaya on the country’s east coast. But their vehicle veered out of control at 10.30am when the rear left wheel suddenly exploded. The minibus was sent spinning to the right and ploughed into a central reservation, hurling four passengers into the road. The oncoming traffic was far enough behind them that the shocked motorists were able to brake in time. Three of the passengers hurried to get back to their feet while another had to be helped off the motorway. All eight tourists were taken to hospital with three critically injured. Damaged: People inspect the minibus after it crashed into a central married on the motorway Treatment: All eight tourists in the minibus were taken to hospital, three of them critically injured, just hours after they had landed in the country Collision: The central reservation on the motorway was bent out of shape after the one of the minibus’s wheels exploded and crashed into the barrier Debris: Suitcases belonging to the British tourists who had landed in Thailand just hours before the motorway smash The driver, Thanakorn To-iam, 53, suffered injuries to his right leg and nose, and was taken to hospital. Thanakorn told police he had picked up his passengers at Suvarnabhumi Airport and was heading to tourist attractions in Pattaya. He said when the van’s rear left tyre exploded on the motorway, causing him to lose control of the vehicle and crash into the barricade. Captain Nakhonrat Nontseelard from Pattaya Police said investigators had checked CCTV and examined the scene. He added: ‘The driver’s evidence matches the CCTV which shows a sudden bursting of the wheel at the back of the vehicle causing the crash. ‘He was not speeding or driving dangerous, but we will check the vehicle to ensure it has the correct paperwork.’ Two of baby Archie’s secret godparents are revealed as Prince Harry’s childhood mentors Royal pundits react to Queen’s statement on Harry and Meghan’s future outside the Firm Medical student, 27, puts his neurology degree on hold to become a high class escort Fears grow for missing 15-year-old girl who has not been seen for nearly 48 hours
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Dates and Deadlines all OGE Site Index | Search Tips | Advanced Search Financial Conflicts of InterestGifts and PaymentsUse of Government Position and ResourcesOutside Employment and ActivitiesPost-Government EmploymentSelected Employee CategoriesEnforcement Mission and ResponsibilitiesInternational ActivitiesLegislative Affairs & BudgetCareersManagement Reports & PoliciesOrganizationDirector's NotesContact Us StatutesEmployee Standards of ConductOGE RegulationsAgency Supplemental RegulationsFederal Register IssuancesExecutive OrdersLegal Interpretation Presidential Appointee & Nominee RecordsConfidential Financial DisclosurePublic Financial Disclosure Integrity Presidential Transition OGE Advisories Legal AdvisoriesEducation AdvisoriesProgram Management AdvisoriesAll Advisories Dates and DeadlinesProgram ReviewProgram Review ReportsProgram Management ResourcesTravel Reports Institute for Ethics in GovernmentEducation Tools for Required TrainingOGE Summits & Conferences Home | Dates and Deadlines | Program Review Reports Program Management Resources The U.S. Office of Government Ethics created the schedule of important ethics dates to remind executive branch agency ethics officials of important dates and deadlines throughout the year. Below are upcoming dates. For all dates & deadlines visit All Dates and Deadlines 2020 Schedule of Important Ethics Dates 2019 Schedule of Important Ethics Dates (Updated 5.16.19) 2017 Schedule of Dates and Deadlines DUE TO OGE TODAY: The Annual Agency Ethics Program Questionnaire is due to OGE today. (5 C.F.R. § 2638.207(a), (PA-19-11)) DUE TO AGENCY ETHICS OFFICIALS TODAY: All annual confidential financial disclosure reports are due to agency ethics officials today, unless the filer has been granted an extension. Remember to document the extension. (5 C.F.R. § 2634.903(a), 5 C.F.R. § 2634.903(d)) REMINDER: The National Government Ethics Summit will be held March 10-12 at the National Institutes of Health. REMINDER: The October 1, 2019 – March 31, 2020 period for reporting payments of travel accepted from non-Federal sources ends today. Agencies should begin to prepare their 1353 travel reports. Agencies may use either the OGE Form 1353 or the Standard Form (SF) 326. (31 U.S.C. § 1353(d)(2)(B)) DUE TO AGENCY ETHICS OFFICIALS TODAY: All annual public financial disclosure reports are due to agency ethics officials today, unless the filer has been granted an extension. Remember to document the extension. (5 C.F.R. § 2634.201(a), 5 C.F.R. § 2634.201(g)) DUE TO AGENCY ETHICS OFFICIALS TODAY: All annual confidential financial disclosure reports from filers granted a 90-day extension are due to agency ethics officials today. (5 C.F.R. § 2634.903(d)) DUE TO OGE TODAY: The 1353 travel report for payments of travel accepted from non- Federal sources is due to OGE today. Agencies must submit either a positive or a negative report. Agencies may use either the OGE Form 1353 or the Standard Form (SF) 326. The 1353 travel report should cover the period of October 1, 2019 – March 31, 2020. Please submit reports to 1353travel@oge.gov. (31 U.S.C. § 1353(d)(2)(B)) REMINDER: The late filing fee now applies to annual public financial disclosure report filers who did not submit their reports to agency ethics officials, unless the filer has been granted an extension. Remember, checks should be made payable to the U.S. Treasury. (5 C.F.R. § 2634.704) DUE TO AGENCY ETHICS OFFICIALS TODAY: Today is the last day for filers to request an additional 45-day extension to the public financial disclosure deadline. Remember to document the extension. (5 C.F.R. § 2634.201(g)) DUE TO AGENCY ETHICS OFFICIALS TODAY: All annual public financial disclosure reports from filers granted 45-day extensions are due to agency ethics officials today. (5 C.F.R. § 2634.201(g)) DUE TO OGE TODAY: Agencies must submit a letter to OGE stating whether components currently designated should remain designated for purposes of 18 U.S.C. § 207(c). Agencies need not submit a letter if their agency currently has no designated components and they do not wish to request the designation of any component. (5 C.F.R. § 2641.302(e)(2)) REMINDER: The late filing fee now applies to annual public financial disclosure report filers who were granted 45-day filing extensions but have not submitted their reports to agency ethics officials. Remember, checks should be made payable to the U.S. Treasury. (5 C.F.R. § 2634.704) DUE TO AGENCY ETHICS OFFICIALS TODAY: All annual public financial disclosure reports from filers granted second 45-day extensions are due to agency ethics officials today. (5 C.F.R. § 2634.201(g)) REMINDER: The late filing fee now applies to annual public financial disclosure report filers who were granted second 45-day filing extensions but have not submitted their reports to agency ethics officials. Remember, checks should be made payable to the U.S. Treasury. (5 C.F.R. § 2634.704) REMINDER: The April 1, 2020 – September 30, 2020 period for reporting payments of travel accepted from non-Federal sources ends today. Agencies should begin to prepare their 1353 travel reports. Agencies may use either the OGE Form 1353 or the Standard Form (SF) 326. (31 U.S.C. § 1353(d)(2)(C)) DUE TO OGE TODAY: By today, OGE generally expects agencies to finalize work and transmit to OGE the 2020 public financial reports of PAS, DAEO, and other persons whose reports are required to be forwarded to OGE for review and certification. (5 C.F.R. § 2634.602(c)(1)) REMINDER: Only 61 days remain in the financial disclosure calendar year. Remember that employees need to serve in a position for 61 days or more to file an annual financial disclosure report. (5 C.F.R. § 2634.204(a), 5 C.F.R. § 2634.903(a)) DUE TO OGE TODAY: The 1353 travel report for payments of travel accepted from non-Federal sources is due to OGE today. Agencies must submit either a positive or a negative report. Agencies may use either the OGE Form 1353 or the Standard Form (SF) 326. The 1353 travel report should cover the period of April 1, 2020 – September 30, 2020. Please submit reports to 1353travel@ oge.gov. (31 U.S.C. § 1353(d)(2)(C)) DUE TO OGE TODAY: By today, agencies should have transmitted to OGE all 2020 public financial reports of PAS, DAEO, and other persons whose reports are required to be forwarded to OGE for review and certification. (5 C.F.R. § 2634.602(c)(1)) REMINDER:Today is the deadline for completion of annual ethics training for employees covered by §§ 2638.307 and 2638.308. (5 C.F.R. § 2638.604 (h)) REMINDER: Today marks the end of the annual public financial disclosure reporting period, except for the reporting periods for “Agreements and Arrangements” and “Positions Held Outside the U.S. Government,” which continue up to the date of filing. 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The Film Festivals portal Inspiring & Enabling Creation > Create account •Register a festival or a film •Submit film to festivals Promote for free or with Promo Packages FILMFESTIVALS | 24/7 world wide coverage Enjoy the best of both worlds: Portal for Film & Festival News, exploring the best of the festivals community. An adventure to explore from imagination to reality, the arts & talents to be discovered. Started in 1995 connecting films to festivals, reporting and promoting festivals worldwide. A brand new website will soon be available. Totally restructured for a better user experience. For any collaboration, editorial contributions, developers PHP, Javascript, CMS or more please send us an email here. Same for publicity. Please include your complete information (email and phone number). |FRENCH VERSION| A thousand generations live in you now. See Star Wars: The Rise of Skywalker in theaters December 20. James Bond 007 No time to die 2020 Daniel Craig, Rami Malek Trailers in 2020 Quendrith Jo Santa Barbar Kustendorf F Mostra Inter Siraj Syed Lindsay R. B Roadside Dok Pierre Yves Winter Film The Trailer Accolade Com > Your site 4,000 festival directory New films directory Pix Galleries Fest. circuit Travel & acc. Promo showcase Fest directors D cinema Home >> Oliver Hermanus Oliver Hermanus Award-winners announced at Durban International Film Festival The 33rd edition of the Durban International Film Festival, with principal funding from the National Lottery Distribution Trust Fund, this evening (Saturday, July 28) announced its award-winners, prior to the closing film. Winner of the Best Feature Film award, Love (Amour) was applauded by the International Jury as “unmissable”, and the film’s director Michael Haneke, as a “contemporary master with an astute understanding of his cinematic world”. The Best Feature Film award carrie... 01.08.2012 | Editor's blog Amour wins big in Durban Award-winners announced at Durban International Film Festival The 33rd edition of the Durban International Film Festival, with principal funding from the National Lottery Distribution Trust Fund, this evening (Saturday, July 28) announced its award-winners, prior to the closing film. Winner of the Best Feature Film award, Love (Amour) was applauded by the International Jury as “unmissable”, and the film’s director Michael Haneke, as a “contemporary master with an astute under... 30.07.2012 | danie's blog Hallo Durban My annual pilgrimage to the Durban International Film Festival kicked off on 20 July. I went straight to the media briefing at the Blue Waters Hotel where I chatted to Oliver Hermanus and Deon Lotz, director and star of last year's Beauty. This year Hermanus is part of the international jury and Lotz can be seen in the much anticipated Sleeper's Wake, which is having its world premiere in Durban. Lotz also told me that the film has been accepted for Toronto! I saw two film... 30th Outfest Film Festival is Triumphant and Proud I must honestly say that this is the happiest film festival in Los Angeles. I should tell executive director, Kirsten Schaffer, to rename it, “The Happy film festival” from all the smiling faces of the packed audiences and participants.Everyone is in the happiest frame of mind to be there which translates into the real meaning of the word”Gay”. This year they hit the pinnacle of their success in my opinion.The opening night film “Vito” was the most perfect and touching film to pre... 15.07.2012 | Ron Gilbert's blog QFest Hosts Events With A Touch of Drag and Quite a Few 'Bears'! What’s a film festival without a few parties? As the East Coast’s largest LGBT film festival, QFest is bringing the best. From poolside parties in Northern Liberties and glamour and glitz in the Gayborhood, to an evening with a few ‘bears’, QFest promises to keep you partying for 12 days straight. Following the Opening Night film Elliot Loves (Thursday July 12th at 7:15pm Ritz East 1), festival goers will head over to Table 31, 32 N. 17th Street, from 9:30p.m.-12:30a.m., for the O... Philadelphia QFest will open with the Philadelphia premiere of Elliot Loves from director Terracino Running from July 12 to July 23, 2012, the 18th edition of Philadelphia QFest opens with the Philadelphia premiere of Elliot Loves from director Terracino and closes eleven days later with the East Coast premiere (and only second showing in the world!) of BearCity2: The Proposal. (Festival Favorites will be screened on Monday, July 23). With 107 films that include 42 feature films, 13 documentaries, and 52 short films – and 7 World Premieres, 1 North American Premiere, 2 U.S. Premieres,... 2012 Queer Palm Jury selected for the Cannes Film Festival Queer Palm President Julie Gayet The 2012 Queer Palm Jury was announced this week - which will bestow the LGBT Cannes Film Festival Queer Palm award on the best film with a gender, and LGBT perspective on May 27 in Cannes. The films are selected from the Official selection, Un Certain Regard, Semaine de la Critique, Quinzaine des Réalisateurs and ACID (selection of independents film-makers) - about 100 films. Last year that prize was given to Oliver Herma... 11.05.2012 | Cannes's blog 31. Istanbul Film Festival Daily: Yesterday, Today, Tomorrow YESTERDAY AT THE FESTIVAL (06.04.2012) • PLANS FOR THE FESTIVAL WEEKEND ARE MADE! While the second weekend of the festival has already come, festival audiences bought their tickets yesterday for a Saturday and Sunday full of festival films. Before the weekend, yesterday was full of screenings with the participation of their directors. • WHAT YOUNG ROMANIAN MASTER TELLS The stories in the second film of director Adrian Sitaru are based on his own experiences. Best Inten... 07.04.2012 | Istanbul Film Festival's blog 31. Istanbul Film Festival Daily: Yesterday, Today, Tomorrow 06/04/2012 YESTERDAY AT THE FESTIVAL • TOWARDS THE MIDDLE OF THE FESTIVAL As we are approaching to the end of the first week and to the middle of the festival, festival venues are full of screenings with the directors present. The festival audience met with the directors of highly anticipated films and asked their questions. • A DARK PROMENADE AT MIDNIGHT IN BUENOS AIRES Argentine director Edgardo Cozarinsky says: “There are day people and there are night people. Night people k... YESTERDAY AT THE FESTIVAL • WE HAD ANOTHER DAY FULL OF DOCUMENTARIES AND TURKISH CINEMA! On Wednesday, the middle of the festival, the festival audience was at the theatres for screenings with the participation of actors and directors.• GLOBALIZATION TRILOGY 2001–2011 Director Micha X. Peled has been and will be a guest at festival theatres with his Globalization Trilogy in the “Documentary Time with NTV” section. This amazing series questions the consumer society of today while making... Strong Film Sales Emerging From Toronto SHAME (UK, Steve McQueen) Although it began rather slowly, the Toronto International Film Festival (TIFF) which just concluded on Sunday, saw a good degree of sales and acquisition activity, with many more deals to be announced in the coming weeks. Although it does not have an official market sidebar like Cannes or Berlin, there is a good amount of informal rubbing of shoulders between members of the international film community who were in attendance in force. According to ... 19.09.2011 | Toronto Film Festival Dailies's blog 44 french films at the London Film Festival The 55th BFI London Film Festival in partnership with American Express is delighted to announce that this year's programme includes 44 films from France. This is part of a worldwide selection of 204 feature films and 110 shorts from more than 54 countries. The 55th BFI London Film Festival runs from October 12 - October 27.France FEATURES: 17 GIRLS (17 FILLES): Dir. Delphine Coulin and Muriel Coulin A CAT IN PARIS (UNE VIE DE CHAT): Dir. Alain Gagnol and Jean-Loup FelicioliAMERICANO: Dir. Mathie... Award-winners at the 32nd Durban International Film Festival The 32nd edition of the Durban International Film Festival, with principal funding from the National Lottery Distribution Trust Fund, last night announced its award-winners, prior to the closing film. Winner of the Best Feature Film award, Nader and Simin, A Separation (Iran), directed by Asghar Farhadi, was lauded by the International Jury as a “masterpiece” with “astonishing performances from the ensemble cast”. The Best Feature Film award carries a cash prize of R50 000. ... Love and pride 30 July: Day 6 The second last day of DIFF was my best day of all. I saw four films and they all have one thing in common - queer cinema - although the content is very different. I don't know if these films were scheduled on the same day intentonally or by accident. I, however, was very surprised to see that the inaugural Durban Pride parade also took place on this day with the gay flag draped over City Hall. I see myself as an afficionado of gay cinema and could not wait for the films ... GAY FILMS AT DURBAN FILM FEST Taking place from 21 to 31 July, the 32nd Durban International Film Festival (DIFF) will present a number of gay-themed films as part of its feature film selection. From the powerful Man at Bath, which chronicles a week in the life of two soon-to-be ex-lovers, to Skoonheid, the latest award-winning film from South African prodigy Oliver Hermanus, DIFF 2011 offers a snapshot of life in the various gay, lesbian, bisexual and trangender communities around the world. Oliver Her... Film gems in Durban Great Line-up at the 32nd Durban International Film Festival The 32nd Durban International Film Festival kicks off on 21 July with the World Premiere of the South African film Otelo Burning, directed by Sara Blecher. Set during the last days of apartheid, the Durban-shot film tells the story of a group of South African township youngsters who discover surfing as an empowering escape from the political violence of the times. There is drama, romance, rivalry, and tragedy in this c... 8th African Film Festival of Tarifa Awards 8th African Film Festival of Tarifa (FCAT) awarded eight new African movies with awards endowed with 46 500 euros. The festival jury selected winners from more than 140 movies from 23 African countries.1. The award for the best feature-length movie (15 000 €) goes to “MICROPHONE” (Ahmad Abdalla, Egypt)2. The award for the best direction (10 000 €) goes to “A JAMA” (Daoud Aoulad-Syad, Morocco/France) 3. The award for the best actress (1 500 €) goes to DENISE NEWMAN for “SHIRLEY ... NEWSLETTER N° 510: May 23, 2011: Cannes wrap up dailies and Awards‏ 7 ............. NEWSLETTER N° 510: May 23, 2011 Follow this LINK if you cannot read the newsletter properly Contact the Editor to Advertise with us This weekly newsletter reaches 111 952 film professionals.... 24.05.2011 | Newsletter's blog The Queer Palm 2011 goes to SKOONHEID The Queer Palm 2011. The president of the Jury Elisabeth Quin and its members Gérard Lefort, Thomas Albetshauser, Fred Arends, Esther Cuénot et Roberto Schinardi awarded SKOONHEID by Oliver Hermanus in selection at Un Certain Regard. The actress Julie Gayet and the director Joao Pedro Rodrigues gave the award to the director at Chérie Chéri beach. The closing party will take place at DaDaDa ... Cinéfondation Prizes 2011 awarded today by Michel Gondry and his Jury Cinéfondation Prizes 2011 awarded today by Michel Gondry and his Jury The Cinéfondation and Short Films Jury (Julie Gayet, Jessica Hausner, Corneliu Porumboiu, João Pedro Rodrigues and President Michel Gondry) has awarded the Cinéfondation Prizes during a ceremony in Buñuel Theatre before the screening of the winning films. Sixteen student films coming from Asia, America and Europe composed this year’s program. They have been selected out of 1,600 entries. First Prize... Latest Jury decisions of Berlinale World Cinema Fund: Berlinale World Cinema Fund: Latest Jury decisions and WCF-Spotlight in South AfricaAt the 12th session of the World Cinema Fund (WCF) jury on July 4, three new film projects were selected for production funding.Since its establishment in October 2004, the WCF has awarded production and distribution funding to a total of 73 projects chosen from 1275 submissions from Africa, Latin America, the Middle East, Central and South East Asia, and the Caucasus. All of the WCF films completed so far have s... Awards : Cape Winelands Film Festival 2010 On behalf of the Cape Winelands Film Festival, I want to take a moment to formally thank all of our sponsors, volunteers and staff that put forth the effort in this year's 2010 Festival to help make it as successful as it was. This year'sevent that was held from 17 – 27 March at the beautiful Spier Amphitheatre, Labia Theatres, Iziko Museum, and CityVarsity Theatre and was financially sponsored and supportedby : The City of Cape Town, The Spier Wine Estate, The Brazilian Consulate Ge... 13.04.2010 | The Cape Winelands Film Festival's blog San Francisco (April 22 - May 6) SFIFF 53 New Directors Competition Films The 53rd San Francisco International Film Festival (April 22 - May 6) will award close to $100,000 in total prizes this year. The New Directors Prize of $15,000 is given to a narrative first feature that exhibits a unique artistic sensibility and deserves to be seen by as wide an audience as possible. An independent jury will select the New Directors Prize winner, to be announced at the Golden Gate Awards Wednesday, May 5. Alamar, directed by Pedro González-Rubio, Mexico 2009 West Coa... Africa in focus at Goteborg festival 2010 During Göteborg International Film Festival 2010 we will take a closer look at the African continent. Among the highlighted films is Soul Boy from Kenya, produced by Tom Tykwer. - There are so many things going on in the countries on the African continent and it is important to find and screen films portraying it, created by the people who live and work there, says Marit Kapla, festival director at Göteborg International Film Festival. Last winter a Swedish delegation with repr... The Résidence de la Cinéfondation opens its 19th session. From October 1st 2009 to February 15th 2010, the Résidence plays host to 6 new winners to accompany them in the writing of their first or second feature, and facilitate the preparation of their film. Gilles Jacob and his jury selected three female and three male directors out of a total of 170 candidates. - Paz Fabrega (Costa Rican, 30) observes in Todos Nosotros (2nd feature) the behaviour of a middle class when faced with social inequality. - Ioana Ur... > The Bulletin Board Blog > Partner festivals calling now > Call for Entry Channel > Film Showcase > The Best for Fests SBIFF January 15-25, 2020 Opened > Meet our fest partners Filmfestivals.com dailies live coverage from > Cannes / Marche du film > Lost World Film Festival > Locarno > Toronto > Venice > San Sebastian > BFI London > Film Festival Days > AFM > Tallinn Black Nights > Palm Springs Film Festival > Kustendorf > Rotterdam > Sundance > Santa Barbara Film Festival SBIFF > Berlin > Fantasporto > Amdocs > Houston WorldFest Venice Biennale 76. Mostra del Cinema - Pedro Almodóvar Useful links for the indies: > Big files transfer > Celebrities / Headlines / News / Gossip > Clients References > Crowd Funding > Deals > Festivals Trailers Park > Film Commissions > Film Schools > Financing > Independent Filmmaking > Motion Picture Companies and Studios > Movie Sites > Movie Theatre Programs > Music/Soundtracks > Posters and Collectibles > Professional Resources > Screenwriting > Search Engines > Self Distribution > Search sites – Entertainment > Short film > Submit to festivals > Videos, DVDs > Web Magazines and TV Top 3 Tech Innovations in Film History CES is the largest and most influential technology event on the planet. 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To celebrate it's 20th anniversary SBIFF will screen THREE KINGS and host the Q&A with Director David O. Russell! Sony's The Climb will have a live Festival Simulcast Film & Q&A Across 10 Theatres Nationwide 2020 Sundance Film Festival: Juries Announced VIDEO: interview with Paolo Virzi on Kustendorf and Kusturica Click Here: what a great energy for their concert which had everyone dancing all night Another artist in Emir Kusturica's family and he is only 16! Janko Kusturica (his grandson) About | Advertise | Contact | Add to your bookmarks | Copyright (c) contributing members - 2020 gersbach.net
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Home / News / Construction & Development / Catholic Charities completes $100 million Dorothy Day complex The two-building complex at 422 Dorothy Day Place will give 1,000 people a place to stay, said Tim Marx, president and CEO of Catholic Charities. (Photo: Bill Klotz/Special to Finance & Commerce) Catholic Charities completes $100 million Dorothy Day complex By: Brian Johnson October 23, 2019 5:26 pm Roughly seven years after the project was conceived, Catholic Charities of St. Paul and Minneapolis has wrapped up the second and final phase of its Dorothy Day Center, a $100 million homeless shelter and permanent housing project in downtown St. Paul. The project, described by Catholic Charities as the largest public-private partnership of its kind in state history, creates new housing and support services for people in need, including older youths and veterans. On any given day, the two-building complex at 422 Dorothy Day Place will give 1,000 people a warm and safe place to stay, said Tim Marx, president and CEO of Catholic Charities. Marx said the project was completed on time and on budget. “We wanted to be complete before it got too cold,” Marx said in an interview Tuesday. “We are meeting that, obviously.” St. Louis Park-based Watson-Forsberg oversaw construction. Cermak Rhoades, which recently merged with LHB, had architecture duties. “This project team has worked really hard and diligently over all these years to bring this project to fruition,” Marx said. “One thing for which we are so thankful, is the vigilant attention to safety. … The attention to safety was simply stellar for that we are so grateful.” The rooftop meditation garden. (Photo: Bill Klotz/Special to Finance & Commerce) The Veteran’s Room. Veteran’s receive preference for all housing at Dorothy Day Place. (Photo: Bill Klotz/Special to Finance & Commerce) Dental care is provided at Dorothy Day Place as part of its physical, mental and chemical health care services. (Photo: Bill Klotz/Special to Finance & Commerce) Physical, mental and chemical health care services are offered at Dorothy Day Place. This is the lab room. (Photo: Bill Klotz/Special to Finance & Commerce) Stairway to the second floor of Dorothy Day Place. (Photo: Bill Klotz/Special to Finance & Commerce) The opportunity center has a laundry for use by non-residents visitors to Dorothy Day Place. (Photo: Bill Klotz/Special to Finance & Commerce) The cafeteria is supplied by a state of the art kitchen that will be staffed by volunteers. (Photo: Bill Klotz/Special to Finance & Commerce) The cafeteria offers natural lighting and family style seating. (Photo: Bill Klotz/Special to Finance & Commerce) Exterior of the recently opened St Paul Opportunity Center. (Photo: Bill Klotz/Special to Finance & Commerce) The kitchen of an efficiency unit. 77 efficiency units have a kitchen and bathroom. 100 units are dorm style with shared bathrooms and kitchens. (Photo: Bill Klotz/Special to Finance & Commerce) Bedroom area of an efficiency unit. All rooms are furnished. (Photo: Bill Klotz/Special to Finance & Commerce) The third floor hallway of resident area. (Bill Klotz/Special to Finance & Commerce) The computer room. Dorothy Day Place provides of place for the homeless to check for emails and have internet access. (Photo: Bill Klotz/Special to Finance & Commerce) Anchoring the newly completed second phase is the six-story Dorothy Day Residence, which offers 177 units of permanent housing, and the Richard M. Schulze Family Foundation St. Paul Opportunity Center. At the St. Paul Opportunity Center, residents have access to services related to their health, income, housing stability and well-being, according to Catholic Charities. Fifteen community organizations, including Ramsey County, are participating in that effort. “Smart, productive measures to combat the affordable housing crisis are needed now more than ever,” Ramsey County Board of Commissioners Chair Jim McDonough said in a statement. “The public-private partnership between the county, business leaders and Catholic Charities at Dorothy Day Place provides a creative new way for Ramsey County to deliver critical services to our community.” The first project phase, known as Higher Ground St. Paul, opened in 2017. Higher Ground St. Paul provides emergency shelter, support services, and 193 permanent homes. Some of the housing is set aside for “key populations,” such as veterans (15 units), young people (11 units), and women struggling with substance use (12 units), Catholic Charities said. The complex also features a 10-unit “medical respite wing,” where people experiencing homelessness recover after hospital stays. In a statement, Gov. Tim Walz said, “Every Minnesotan deserves a safe place to call home. Dorothy Day Place is a prime example of the innovation and compassion that is quintessentially Minnesotan, and this new campus will boost its efforts to combat homelessness in our state.” The complex replaces an overcrowded building that opened in 1981. Though the original Dorothy Day Center was designed only for serving meals, it morphed into a makeshift overnight shelter for a growing homeless population. More than 6,000 people relied on the Dorothy Day Center each year, and hundreds of people slept on thin mats spread out on the floor in the overcrowded building, according to Catholic Charities. A push toward building a new-and-improved Dorothy Day Center dates at least to 2012, when then-St. Paul Mayor Chris Coleman convened a task force to assess the “urgent situation of overcrowding” at the shelter, the organization said. The project was paid for with $60 million in public money and $40 million in private money. Major donors include the Richard M. Schulze Family Foundation ($5 million) and Target Corp. ($2 million). Public funding sources include the Minnesota Housing Finance Agency, the Minnesota Department of Human Services, the Minnesota Department of Employment and Economic Development, the Metropolitan Council, Ramsey County, and the city of St. Paul. Like this article? Gain access to all of our great content with a month-to-month subscription. Start your subscription here. 102419-2 120419-3 5:26 pm Wed, October 23, 2019 Finance & Commerce About Brian Johnson Brian joined Finance and Commerce in February 1998. His primary beat has been construction and development. Catholic Charities plans permanent housing Dorothy Day Place project reaches milestone Catholic Charities’ new shelter from the cold in St. Paul
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DalFort Executes Third Platform Investment DALLAS, Jan. 13, 2020 /PRNewswire/ -- DalFort Capital Partners ("DalFort") announced it has acquired Key Polymer Corporation ("Key"), a Massachusetts-based premier manufacturer of specialty adhesives and chemical compounds. (PRNewsfoto/DalFort Capital Partners, LLC) Headquartered in Lawrence, Massachusetts, Key is a leading manufacturer of water, urethane, and epoxy-based adhesives and sealants with over 50 years of experience formulating high-performance solutions. Since inception, Key Polymer has successfully partnered with customers to provide unique and responsive customer-specific materials solutions. "It is an exciting time to be part of the Key Polymer team. I look forward to working with Bob Baker, the former owner and current Director, and to taking advantage of the substantial assets and exceptional talent to further grow the business." – Bill Newman, President, Key Polymer "We are pleased to join forces with Bill Newman and Bob Baker in continuing the Key Polymer legacy. Key greatly enhances our growing portfolio of specialty chemical manufacturers and will serve as an excellent acquisition platform." –Bryan Bailey, Partner, DalFort Capital Partners About DalFort Capital Partners DalFort Capital Partners is a sector-focused investment firm based in Dallas, Texas, specializing in partnering with entrepreneurs and management teams in the lower middle market. We work collaboratively to strengthen a company's strategic and financial position through operational improvements and acquisitions of complementary businesses. We specialize in identifying and executing strategic add-on acquisitions for our portfolio companies that enhance the company's relationship with existing customers and expand its reach into new geographies or market niches. Investment Criteria: DalFort pursues acquisition opportunities throughout the United States, with an emphasis on investing first institutional capital. Financial Profile: Transaction Types: • Industrial manufacturing & services • Revenue: $15 to $100mm • Buyouts • Specialty chemicals • EBITDA: $3 to $15mm • Majority Recapitalizations • Building products • Enterprise Value: Up to $100mm • Corporate Divestitures • Energy products & services • Strategic add‐on acquisitions • Logistics & transportation View original content to download multimedia:http://www.prnewswire.com/news-releases/dalfort-executes-third-platform-investment-300986092.html SOURCE DalFort Capital Partners, LLC Barclays CEO on Brexit: 'You have a crisis because there's no constitution'
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Genetic Counseling Necessary The number of genetic counseling centers under the ‘Each Province, One City’ scheme is set to increase in the next Iranian year (begins March 20), said Majid Rezazadeh, head of the Development and Prevention Center at the State Welfare Organization. “Currently there are 250 centers across Iran, 40 of which are state-run and the rest set up by the private sector,” he told Mehr News Agency. About 2,200 physicians have been trained to offer specialized services at the centers, he added. Preventing congenital defects at birth is one of the main areas of focus for the SWO, and it has been establishing genetic counseling centers for years to help address the problem. Premarital Screening and Genetic Counseling Genetic Counseling Centers Set to Increase Screening of Common Genetic Disorders in Newborns SWO Screening for Genetic Disorders Preventing Genetic Disorders
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Front­page Entering Finland Find out if you need a visa What is a Schengen visa? Where to apply for a visa? How to apply for a visa? Types of visa Requesting review of a visa decision Visa and residence permit of a Finnish citizen's family member Residence permits to Finland Seasonal workers' visa Travelling and services In distress abroad Money stolen Illness or death Victim of a crime Arrested or detained In crisis situations abroad Finnish passport and identity card Applying for a passport or an identity card Required attachments Passport application for a child Passport application by persons liable for military service Types of passport and processing fees Family and citizenship Establishment of paternity General conscription Voting abroad Witnessing a signature Certification of a copy Certification of the authenticity of the content of a document Certificate of existence Travelling or residing abroad A–Z Team Finland in Namibia Contacts and networking Opportunities in development cooperation for companies Finland and Namibia Representation of Namibia in Finland #FinNam150 Foreign Ministry's press releases Embassy, Windhoek Responsibilities of mission Finland Abroad -websites Embassy of Finland, Windhoek Finland abroad The recipient of a decision made by a Finnish mission by virtue of the Visa Code to refuse or annul a visa or to revoke a visa (otherwise than at the request of the visa holder) may request an administrative review of the decision from the Ministry for Foreign Affairs. Instructions for requesting an administrative review are appended to the decision. The request must be submitted within 30 days from the receipt of the decision on the visa application, and it must be made in writing in Finnish or Swedish. The processing fee for a request for an administrative review is EUR 170. Payment of the fee is a prerequisite for processing the request. A decision of the Ministry for Foreign Affairs on a request for an administrative review of a visa matter may be appealed to the Helsinki Administrative Court. The appeal document must be delivered to the Ministry for Foreign Affairs. Abroad, the appeal document may be delivered to a Finnish mission. The Ministry or the mission submits the appeal file to the Helsinki Administrative Court. The appeal must be submitted within 30 days from the receipt of the decision on the request for an administrative review. The appeal must be made in writing in Finnish or Swedish. The Administrative Court fee for appellate proceedings is EUR 260. In visa matters relating to the free movement of EU citizens and their family members, the applicant may appeal to the Administrative Court without first requesting an administrative review. EU Community Code on Visas, Regulation (EC) No 810/2009 of the European Parliament and of the Council Refusal, annulment and revocation of a visa To be entitled to a visa, you must live or reside legally in the country where you submit the application. If the conditions in your case are not fulfilled, the visa is refused. You will be notified about the refusal in writing. A visa may be refused on certain grounds mentioned in the Schengen states' common Visa Code. Examples include: you do not have an approved, valid travel document you do not provide justification to prove the purpose and conditions of your stay you do not have sufficient means of subsistence for the duration of the stay you are not entitled to return to the country of origin or to continue to a third country the mission has well-grounded reasons to doubt that you do not intend to exit the Schengen area before the expiry of the visa that you are applying for you may have an entry ban to Finland or to some other Schengen state or be considered to be a danger to a member state's public order, internal security or international relations. The visa that has already been granted to you will be annulled if the conditions for issuing it were not met at the time when it was issued. The visa that has already been granted to you will be revoked, if the conditions for issuing it are no longer met. Customer service: Embassy of Finland, Windhoek Mon, Wed, Thu 9.00-12.00 Finland Abroad is a website provided by the Ministry for Foreign Affairs of Finland and Finland's missions abroad.
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Moving Mali Forward Working towards A New day in Mali English Media: Yeah Samake Guide of Mali Learn Bambara with me Mali Media: YEAH SAMAKE Tag Archives: droves Villages of Baga and Kandian welcome Yeah Samake A few days back, for the first time in the history of the villages of Baga and Kandian, a presidential candidate paid them a visit. The event was historic and the villagers turned out in droves to meet a candidate for the first time. That candidate was none other than Yeah Samake. The Chief of the village of Baga had requested to have a face to face meeting with Yeah. To honor his request, Yeah traveled to this distant village to get the Chief’s blessing. The chief solemnly promised that all his people would vote for Yeah Samake because he was the only candidate that had taken the time to come and hear the problems and concerns in the village of Baga. Yeah also paid a visit to the Chief of the village and the people of Kandian. The people there too were extremely surprised and very pleased that a candidate would come visit them. They stated to the PACP delegation that this was the first time a candidate had come to visit them and it was a symbol and proof that they did matter. They too promised that they would support the son of Djitimou. Yeah is one of the only candidates that was actually born and brought up in the rural areas. So he is familiar with the conditions that 80% of Malians have lived in for the last 53 years. He understands what it means to not have enough to eat, what it means to not have a job after graduation, what it means to support a big family. Here is a candidate who understands what a majority of the Malian people are suffering from because he himself has been through all the conditions that besiege ordinary Malians. I truly believe that Yeah is the candidate Mali needs at this critical time in its history. 50 more years of inept, corrupt government will destroy this great country beyond repair. 50 more years of bad education and pathetic healthcare will push Mali and all Malians back instead of driving them forward. Mali cannot afford failed government. Mali cannot afford an inept public system that is governed badly. Mali needs a leader who is willing to listen. A leader who has acted rather than spoken about what he will do. A leader who looks at Mali and sees the opportunity to raise a great nation, not the opportunity to become rich personally. A leader who will raise Mali so that she can look in the eyes of other African nations not bow down at their feet. That leader is YEAH SAMAKE. Join us today as we speak up for Mali. Join us so that we can make Mali the great nation she was and the great nation she can become with good honest leadership. Learn more about Yeah Samake and our party PACP at http://www.samake2013.com ( EN) and http://www.pacp-mali.com (FR) The village of Baga comes to welcome Yeah Samake Chief of Village of Baga Posted by Marissa Samake on May 28, 2013 in Past Posts Tags: amadou toumani toure, bad education, baga, basic resources, corrupt government, coup, critical time, democracy, development education, distant village, donate, droves, mali, Mali 2012, Mali 2013, mali president, malian government, national tv, ORTM, pacp, people of mali, politics, president of mali, refugee, samake, sound leadership, yeah samake Join us on our journey as we attempt to affect change for Malians. On July 29th, we will be running for the 2018 Presidential elections in Mali. Be part of our journey at www.yeahsamake.com You can also Follow our foundation's work at www.empowermali.org Building schools in Mali Part 1 Campaign Buzz LATEST VIDEO: SAMAKE2013 Meridian Magazine: Following Yeah Samake PR Web on Yeah Samake Utah Governer message of support for Yeah Yeah For President Video Yeah Samaké en meeting à Ouéléssebougou et Sankarani Yeah Samake 2018: Serving Mali with Integrity Yeah Samake on "What principles make Ouelessebougou an example of effective governance" Yeah Samake Wikipedia Yeah's platform ( briefly) Insight Humanitarian Liz's Malian Journey on the Samake2012 campaign Phil in the Blank Stand 2 Know BYU Alum to run for President BYU Grad is Presidential Hopeful Centrale hybride de Ouéléssébougou NIANKORO YEAH SAMAKE, PORTE-DRAPEAU DU PACP PRI: Mormon from Mali TIME: As Mali Wars with Islamists UTAH ABC4: Elections back on track UTAH KSL5: Risking death, BYU grad confronts coup leader Washington Times: The Way Forward for Mali Let’s tweet Marissa Samake: Journey in Mali Year Review Select Month July 2018 (6) June 2018 (1) May 2018 (2) April 2018 (2) March 2018 (3) August 2016 (1) February 2016 (1) November 2015 (1) September 2015 (1) July 2015 (2) March 2015 (1) November 2014 (1) April 2014 (2) March 2014 (2) February 2014 (2) November 2013 (1) October 2013 (2) August 2013 (1) July 2013 (7) June 2013 (5) May 2013 (5) April 2013 (2) March 2013 (3) February 2013 (4) January 2013 (1) November 2012 (1) September 2012 (2) August 2012 (4) July 2012 (4) June 2012 (5) May 2012 (7) April 2012 (13) March 2012 (17) February 2012 (10) January 2012 (11) December 2011 (12) November 2011 (10) October 2011 (4) September 2011 (12) August 2011 (8) July 2011 (10) June 2011 (9) Mali Presidential Election Round 1July 29th, 2018
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UKUUG Ltd. The UK's Unix and Open Systems User Group is a non-profit organisation and technical forum for the advocacy of open systems, particularly Unix and Unix-like operating systems, the promotion of free and open source software, and the advancement of open programming standards and networking protocols. UKUUG aims to cater for all those working in, or interested in open systems and open standards. It has been known as UKUUG since 1977, but produced its first magazine - UK Universities UNIX Newsletter - in December 1976. UKUUG used to stand for "United Kingdom Unix Users Group" but is now just "UKUUG Ltd." UKUUG Home. uk ♦ UKC ♦ UKERNA ♦ UKUUG Ltd. ♦ ULCC ♦ Ulm's Modula-2 System ♦ ULP ♦ Ultra64
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Chloё McCardel to attempt the Longest Solo, Unassisted Open Water Swim - MSF Rules October 2014 edited June 2016 in General Discussion Paul here on Chloe’s behalf- After 12 months of research & 6 months of planning Chloё has this morning announced that she will in late October (21-30 October ) this year attempt the Longest Solo, Continuous, Unassisted Marathon Swim in Open Water under MSF Rules – 128 K/80 Miles from the southern tip of the island of Eleuthera to the island of Nassau. Thankfully, she again has an amazing support crew to guide her on this journey, including highly skilled specialists from across the world. In addition, she is being supported by a local Bahamian team from The Island School. The school is based in Eleuthera and their team is an integral part of the logistics of the event. As many people in the open water swim community are aware transparency, accountability & credibility are very important to both Chloё & I. Chloë will therefore be completing the swim swimming under official MSF marathon swimming rules meaning she cannot touch her support boat, and can wear only bathers, goggles and a swim cap. We have locked in the well respected open water race director & MSF supporter David Barra as the swim’s Chief observer ( http://www.openwaterpedia.com/~openh2o/index.php?title=Dave_Barra ) . We are currently in discussions with a representative of the Bahamas’s swim Federation to hopefully secure the services of an additional swim official. We will announce details of this closer to the swim date. The role of the swim observers will be to document the facts of a swim and verify the swim’s adherence to the declared rules. Documentation produced by these qualified observers will be the single most important source material for authenticating this swim. More details to come closer to time but we both appreciate everyone’s ongoing support. chloe mccardel documented-swim and 8 others. evmo San FranciscoAdmin Very cool! Here's Chloё's appearance on Sunrise, a morning show in Australia: https://au.tv.yahoo.com/sunrise/video/watch/25207337/swimming-across-the-bahamas/ Thanks Evan. A link below to the swim tab on Chloe's web site with a copy of the press release & more details on the swim. Together with links back to the MSF site . Paul http://www.chloemccardel.com/bahamas-wr/ MvG Islamabad, PakistanCharter Member Brilliant. Best of luck to Chloe and the crew! https://db.marathonswimmers.org/p/milko-van-gool/ tortuga Senior Member Watch out for the fast ferry Go Chloe! :-) =D> waterworld Member Go Chloe, we'll be with you in spirit. Arthur, Fort Lauderdale It sometimes goes without saying when it should actually be said, that we all wish @ChloeMacCardeldotcom and @Paulm and team (inc @David_Barra) the best of wishes, calm water and fair winds. Awesome attempt, best of luck Chloe and team! chloemccardeldotcom Member Thanks for everyone's kind words and support Here is the Biography of Brianne Yeates, who will be our second Observer under direction of David Barra (I will swim under MSF Rules): "Brianne Yeates officially joined the Swift coaching staff in September 2014. Brianne has a degree in Exercise Science from the University of Tampa where she was a member of the Women’s Varsity Volleyball Team. She is presently working towards her ASCA Level 2 Swim Coach certification. Brianne runs the Fitness Group at St. Andrew’s school and assists with the Competitive I Group. She recently attended the FINA/BSF Open Water Swim Clinc where she received her Open Water Officials Certificate." We will let you know the start Day, Time and Proposed Route when it is finalised Regards, Chloe Chloe starts in about 40 minutes! http://share.findmespot.com/shared/faces/viewspots.jsp?glId=0olk5pPCoSHAjGjI1KHJpWkKmmOZ22RSq @chloemccardeldotcom, Paul & team: I've added bold for start time. GPS at bottom. AUSTRALIAN'S WORLD RECORD SWIM ATTEMPT TO START WITHIN HOURS IN BAHAMAS. AUSTRALIAN ultra-marathon swimmer 29 year old CHLOË McCARDEL is expected to commence her world record breaking 127km open water swim in the Bahamas within the next few hours. Taking more than 40 hours to complete, the swim will start from the southern tip of the island of Eleuthera and finish at Nassau. If successful, Chloë will have completed the longest open-water solo, continuous, unassisted marathon swim in history. “The conditions are just about perfect,“ Chloë McCardel said, “but the weather could become unsettled in the coming week, so it’s a great time to make a start. This is not a race, so the good conditions over the next few days means that I can pace myself, maintain a good rhythm and know that there is clear water ahead of me for the next 127 kilometres or so.” Chloë is scheduled to begin her swim from Lighthouse Beach on the southern tip of Eleuthera on Monday at 7.30am local time (Monday 10.30pm Sydney time) and will finish on Montague Beach at Nassau. Her progress will be tracked by GPS which can be followed via her website: www.chloemccardel.com. It’s expected she will finish sometime between 11pm (local time) Tuesday night and 3am Wednesday morning (between Wednesday 2pm-6pm Sydney time). Local residents are invited to join Chloë at the finish line, but Chloë must not be touched or physically assisted by anyone until Chloë’s team verify the official distance and finish location. Chloë will swim under internationally respected MSF marathon swimming rules meaning she cannot touch her support boat, and can wear only bathers, goggles and a swim cap. Unlike the cold water swimming that Chloë experienced when undertaking any of her 7 crossings of the English Channel, the warmer waters of the Caribbean will diminish the risk of hypothermia, but Chloë will be exposed to heat stress, including dehydration, sharks, possible stinging jelly fish and sunburn. Her previous attempt to swim from Cuba to the US in 2013 almost ended in tragedy, with Chloë being stung by poisonous, potentially deadly, jelly fish 11 hours into the swim. Suffering severe envenomation from multiple stings to her body and throat, Chloë had no choice but to end that attempt prematurely. Previously, Chloë set a record, swimming 60 laps across Bondi Beach, a total distance of 48 kilometres, doing so in 11 hours 42 seconds without fins, wetsuit or shark cage on 24 April 2011. More recently, she set the record for the longest swim in a swim-spa, 16 hours, in Melbourne. She has also completed two non-stop double crossings of the English Channel. The public is welcome to join-in and follow her progress via updates on Chloë’s Twitter, Facebook and Blog pages. GPS tracker: http://share.findmespot.com/shared/faces/viewspots.jsp?glId=0olk5pPCoSHAjGjI1KHJpWkKmmOZ22RSq A little "SPOT analyzer" web app I cooked up: [app temporarily offline while I troubleshoot bandwidth issues] It should automatically update as new trackpoints are added to her SPOT feed (i.e., not more frequently than every 10 minutes). This is an alpha version so reliability may be spotty... if you get an error, try again a few minutes later. Please don't repeatedly refresh the page, for everyone else's benefit. I welcome any feedback, and if you prefer it to remain private, please feel free to send me a private message through the forum. OK so... clearly this thing is not quite ready for primetime. In the meantime, here's how things look as of 12:30am Eastern time: Elapsed time since swim start: 16 hours 25 minutes 20 seconds Straight-line distance between start and current location (km): 55.77 Average kilometers per hour since swim start: 3.4 Kilometers remaining to finish (straight-line): 70.79 Looks like she's about halfway in ~19 hours. Now at ~28 hours and still going well. Seemed to get pushed slightly north after hitting the shallow water. Chloe was hit by jellyfish earlier but not too badly. @evmo, any idea about the positive outlier data points? Looks like she's about 40km from the finish. For some reason the first few hours of her SPOT feed are gone, so these charts are incomplete: @loneswimmer -- I'll take a closer look. https://au.news.yahoo.com/election/video/watch/25313339/chloe-mccardels-record-attempt/ Gruntor MelbourneMember Latest news update on Chloe's swim: https://au.news.yahoo.com/video/watch/25316449/mcardel-nearing-world-record-finish-line/ I think Chloe has just under 20km left. Only!! Go, Chloe, Go! 5pm EDT update: Chloe is 15.3 miles (24.6km) from the planned finish at Montagu Beach. Her current location is 63.8 miles in a straight line from where she entered the water. She has been swimming for approximately 33.5 hours. Gruntor wrote: » @Gruntor, a bit more than that, I think. Her planned finish is Montagu Beach, not the easternmost tip of the island. Here's the latest speed graph: Each point represents the distance (m) covered since the last trackpoint, divided by [minutes since last trackpoint / 60]. Re: @loneswimmer's previous question, the SPOT trackpoints taken every 10 minutes will have some noise. Notice how each positive outlier is usually followed by a negative outlier. Better to watch the trend line, which is pretty steady but slightly trending lower. i.e.,... what real swims look like. Epic effort - swim history in the making. Go Chloe! 8pm EDT. 9.5 miles (15km) to finish. 36.5 hours of swimming. ETA just over 5 hours remaining. slknight Member Wow, amazing!! Still at > 3 kms/hr, after >30 hours of swimming. Unbelievably strong swimming. Chloe has been amazingly consistent throughout this swim. I hope all of Nassau is aware of what is about to happen. It is too bad she will finish in the dark of night. I hope for the OWS community that there is at least one camera on the beach, but at the same time I like that this swim is kind of flying under the radar and just the OWS community seems aware of it. 11:23pm EDT. 4.13 miles (6.65 km) remaining. Nearly 40 hours of swimming. This will be my last update until we hear from Observer @david_barra. Reminder of the SPOT feed link: Here's the updated speed chart: She must be in a world of pain at this point, but I think she's going to do it! Awesome stuff. pavlicov NYC USASenior Member This is amazing and I am so much rooting for Chloe! What an inspirational woman and a heroic swim. I am sure that I am not the only one who keeps checking on her spot tracker and every time there is a break in coverage, I don't breathe and frantically keep refreshing until a new spot appears! I really hope she gets to enjoy a spectacular welcome in Nassau! Chloe has passed the Eastern tip of Nassau and is continuing to the planned landing site. This is going to happen and within an hour or so. Unbelievable! Good thing it is all being documented properly. e8productions Guest Go Chloe! So awesome! It looks like she's done, albeit at a slightly different finish location. Straight-line distance of 77.3 miles (124.4 km) in 41 hours & change. 77.3 miles is a new world record for nonstop, solo unassisted marathon swimming. Awaiting confirmation from Mr. Barra... mpfmark Teesside England Charter Member Congratulations. Amazing engine and endurance. Upper echelons of awesomeness! Huge congratulations to Chloë. Congratulations Chloe and team! For a few years now, the question has been asked just what was the longest solo ocean swim on record. Whenever it came up in discussion, due to previous "muddying of the waters", I shrugged my shoulders and said I didn't know. I can finally answer that question. The answer, pending @David_Barra's confirmation, will be Chloe McCardel. Holy sch-moly! What an incredible achievement!! Congrats. I can't imagine staying awake for that long. REALLY looking forward to seeing the report and some pics. It must have been astounding at night. There's a whole lot of NOTHING out there btwn those islands... Congratulations. =D> JenA Charter Member Does anyone know why her SPOT tracker only shows the last 13 data points? Edit: They must have configured the points to roll off after 24 hours? My own latest SPOT feed is still there after four days... Hi everyone, sorry for the radio silence... Third world Internet and data issues. I planned to finalize my report on the 9 hour boat ride back to Eleuthera, but things were too bumpy. It was the absolute right decision. The straight line route measures between 124k and 125k on this plot but the actual gps coordinates measure a bit more I think. I will post them tomorrow. As you can see, the straight line measurement crosses land at several points... So this doesn't accurately represent the swim. I need to get some sleep, but will post my report tomorrow in the afternoon. These screen catches show the start, finish and straight line measurement here are screenshots of the start and finish locations from another gps app. @david_barra, did Chloe finish on someone's private beach in the middle if the night?! gregoc wrote: » Beaches in the Bahamas are public to the high water mark. After the landing, Chloe boarded the boat and she and the entire team motored a few k's to the originally planned landing spot where we met up with local press and spectators, and then on to the Atlantis Marina to dock overnight. And a good night's sleep I'm sure. molly1205 Lincoln, NebraskaMember What an incredible and inspiring swim! I'm thrilled for Chloe and her support team. It's awesome in the true sense of the word. Molly Nance, Lincoln, Nebraska Chloe right before splash time..... Just because this thread should be more current than that other one....... and 1 other. Just to all confirm that we received all the paperwork from @david_barra. And a fine body of literature it is too, completely in line with his personal motto, "anything worth doing is worth overdoing". Can't wait to read @david_barra's observer notes! How many lengths of Issyk kul is that @IronMike?!
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AMETHYST SUNSET (...) 10 Titles Go to Item : viewing 1 To 10 of 10 items Items Per Page : 25 50 100 MCGUIRE, MARK Vision Upon Purpose AMETHYST SUNSET AMETHYST 024CS Cassette version. Mark McGuire returns with Vision Upon Purpose, the full-length sequel to Beyond Belief (2015). Continuing a process that began in 2015 with the birth of the beloved one, Vision Upon Purpose sees magic brought directly into 3D reality, bringing new adventures into being with a new sight and new purpose; this will be the toughest and most beautiful road yet. These are warm, electric soul rainbow songs for the elders -- past, present, and future. All songs written by Mark McGuire utilizing electric and acoustic guitar along with guitar, synthesizer, bass, and vocals. Previously released on CD in Japan, Amethyst Sunset present this limited-edition vinyl version. Mastered by James Plotkin. AMETHYST 024LP Mark McGuire returns with Vision Upon Purpose, the full-length sequel to Beyond Belief (2015). Continuing a process that began in 2015 with the birth of the beloved one, Vision Upon Purpose sees magic brought directly into 3D reality, bringing new adventures into being with a new sight and new purpose; this will be the toughest and most beautiful road yet. These are warm, electric soul rainbow songs for the elders -- past, present, and future. All songs written by Mark McGuire utilizing electric and acoustic guitar along with guitar, synthesizer, bass, and vocals. Previously released on CD in Japan, Amethyst Sunset present this limited-edition vinyl version. Mastered by James Plotkin. LP version includes download code. KUBOTA, KAZUMA Utsuroi For ten years, Kazuma Kubota has been mastering his blend of harsh noise and ambient and Utsuroi is no exception. Originally released as a limited edition cassette in 2015 by Amethyst Sunset, Utsuroi has been remastered by Joe Panzner for optimum vinyl listening on this edition. From the opening murky industrial stomp of "Kizu", Kubota's layers a perfect mix of noise which leads to a perfectly crafted mix of ambient and cut up harsh noise on "Wasurenagusa". The second side of the record features a side-long shoegaze that displays why Kazuma Kubota is becoming a well-known name in the noise scene and will be remembered as one of the greats carrying the torch of the Japanese noise scene for many years to come. Recorded at Studio Bass On Top, Ikebukuro, Tokyo 2014. Edited and mixed at Bedroom 2014-2015. Includes download code; Edition of 250. Gemini Suite Outer Space return with Gemini Suite, their first new material since 2014's Phantom Center, released on Editions Mego (EMEGO 196EP). Similar to Brian Eno's Discreet Music (1975) wherein he focused more on an ambient sound than on previous records, Gemini Suite finds the core duo of John Elliott and Drew Veres focusing more on the ambient side of Outer Space while still maintaining and producing their distinct alluring synth sound. Gemini Suite is one long beautiful lush thirty minute piece split over two sides complete with chirping birds and crashing waves fit for late night meditations and long drives on I-71. Highly recommended for fans of Imaginary Softwoods's The Path of Spectrolite (AICD 003CD), previously released by Amethyst Sunset in 2011. DILLOWAY, AARON Songs About Jason Amethyst Sunset is proud to present the absolutely necessary vinyl version of Aaron Dilloway's Songs About Jason. Originally released in limited edition of forty copies for a solo/duo show with Jason Lescalleet in 2013, the audio has been remastered wonderfully by Jason and pressed to vinyl in an edition of 500. Two side long pieces presented by the Hanson Records master of tape loops build from a disorienting melodic wooziness to a darker ambient drone that leave you drowning with an ear splitting destruction in crystal lake. Black vinyl in antique green paper sleeves. "Amethyst Sunset is extremely proud to present the final document produced by 1958-2009. Matthew Sullivan (Earn/Ekhein) and Alex Twomey (Mirror to Mirror /Jugular Forest) provide us with the most beautiful guitar/synth ballads recorded on the one year anniversary of the death of the King of Pop. All brand new material and not released on any of the previously released cassettes. Limited to 350 copies on black vinyl." PROVIDIEN Followed By A Wraith "The Midwest is a real Shangri-la for bohemia basement bleakness so it's not real surprising that loner tape grime duo Providien hail from the snow-blasted state of Ohio, and have a grim grassroots aura that just feels right. Led by Sword Heaven electrician Mark Van Fleet and partner-in-crime/childhood friend Nathan Reynolds (also of weirdo goths American Jobs), Providien's debut, Followed By A Wraith, sprawls from disembodied horror atmospherics to no-fi sludge death marches to pure weirdo home-taper acoustic guitar meltdowns, each new zone more unsettling and brainwashed than the last. Has elements of Mammal (especially the recent drone-suicide ballads), The Shadow Ring (just replace all the British stuff with raw American sloth), and various other esoteric cassette miserablists, but that's just a roundabout way of saying this shit rules." - Britt Brown. The LP is limited to 200 copies on black vinyl with color center labels and a paste on cover. WHITMAN/MIKE SHIFLET, KEITH FULLERTON "One live track a piece from Keith and Mike. Keith presents a noisy modular synth recording from the spring of 2007. Mike's side is an excellent guitar/drone piece recorded during the summer heat of 2009." Limited to 365 copies on 180 gram black vinyl. HNY Here You Can Touch The Sky "Very excited to be able to present the vinyl issue of HNY's Here You Can Touch The Sky. Over the past few years, HNY has released some stellar cassettes through Ranky Tanky, Not Not Fun, and Goaty Tapes when finding some free time from shredding with Social Junk. Here You Can Touch The Sky is a half hour full of haunting guitar + vocal work that was released in 2008 through Ranky Tanky and is now ready to shine on vinyl. This record collects all the songs from the original cassette release and includes one previously released instrumental. Limited to 500 copies on clear with orange splatter with a printed 11x11 insert with lyrics." IMAGINARY SOFTWOODS The Path Of Spectrolite Repressed. "The Path of Spectrolite is the latest full length recording from Imaginary Softwoods. Early comments have praised this album and state that while this recording retains some of the icy drone sound from some previous Softwoods releases, this is a great progression and a bit more active. An extremely beautiful album entirely of sounds created by synthesizer and voice, this is an essential piece of the Imaginary Softwoods discography that you are sure to love."
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The 2017 melting season Author Topic: The 2017 melting season (Read 1197916 times) Re: The 2017 melting season McClure Strait and Parry Channel. Too big of a file. I had to Youtube it. Webp.net-gifmaker (1).gif (7927.96 kB, 872x638 - viewed 215 times.) « Last Edit: July 19, 2017, 07:06:53 AM by Tigertown » S.Pansa Here are the latest TOPAZ4 volume forecasts, in pictures and numbers (by pixel-count) (T4 volume 071517: 7440 km³) T4 volume 071817: 7220 km³ T4 volume 072617: 6270 km³ (loss rate 18th to 26th: ~120 km³/day, 1st half of July 170km³/day) Two remarks. - Speaking in relative terms, the Topaz4 volume loss for the fist half of July mimicked the Piomas one pretty closely (~26% - if my math is correct). Will be interesting to see if this continues. The June-losses were also very close, the relative losses in May though showed a huge difference . - While the forecasts for the 23rd and especially the 27th are probably too fare out, I think they highlight how vulnerable the ice currently is, especially in the sector north of the Wrangle Island. The predicted changes in this area (red polygon in the third pic) are staggering. All it needs is a unspectacular low (990hPa) in the latest ECMWF run (12h, see last image). This might or might not come to pass. But I think it shows how assailable the ice there is. If we are unlucky we could see a lot of open water there by early August. And then, just imagine a strong low over this area in the weeks that follow. It would have a lot of relatively warm water to play with (what A-Team called the dangerous zone?). ... but we'll see. One shouldn't worry too much about the things that could be. 071917_topaz_th.png (63.22 kB, 700x521 - viewed 3917 times.) ECMWF072317_windytv.PNG (601.76 kB, 798x719 - viewed 120 times.) S.Pansa, That is awfully close to JAXA right now, and it seems that PIOMAS is coming up a little thick in spots. Either way, there is a good deal of warm rain still falling hither and thither. It may just be more damaging to thickness than extent, and it could potentially continue even after insolation begins to wane. Imagine what a big loss of volume in August, it being thirty one days long, could do. Quote from: Tigertown on July 19, 2017, 06:33:00 AM This shows that the ice has collapsed almost overnight, fracturing at both the western and eastern end of this channel. As this is my first year watching a melt season via satellite, I have no experience of whether this is normal or not. What mechanism could account for this? Is it bottom melt which has thinned the ice to a critical point? JayW dprog/dT has been to increase the strength of this cyclone according to the ECMWF, still 96+ hours away however. http://www.tropicaltidbits.com/analysis/models/?model=ecmwf&region=nhem&pkg=z500_mslp&runtime=2017071900&fh=24&xpos=0&ypos=524 ecmwf_z500_mslp_nhem_5.png (297.17 kB, 1024x1000 - viewed 128 times.) ecmwf_z500_mslp_nhem_6 (2).png (303.37 kB, 1024x1000 - viewed 118 times.) "To defy the laws of tradition, is a crusade only of the brave" - Les Claypool Quote from: bairgon on July 19, 2017, 08:48:22 AM There has been a warm breeze blowing over land, including the CAA for weeks now, sometimes up to 10oC in some areas. Plus, waves contributed. Thawing Thunder On the atlantic side seems something to happen I rather expected on the pacific side. The storms must have caused a lot of damage. Also, the supposedly abnormally thick ice next to FJL turns out to consist of polynyas (which, admittedly, is better visible on the Uni Hamburg image) ... Atlantic side.jpg (215.31 kB, 500x500 - viewed 3723 times.) The Thunder was father of the first people, and the Moon was the first mother. But Maxa'xâk, the evil horned serpent, destroyed the Water Keeper Spirit and loosed the waters upon the Earth and the first people were no more. ice melt will trump donald Quote from: DavidR on July 18, 2017, 11:31:42 PM Quote from: liefde on July 18, 2017, 12:18:11 PM 2016 was hottest or second hottest on record across the arctic from Sep to Dec and in the top 5 from June - Aug. This year is unlikely to be anywhere near that hot and I would expect the October peak to be much closer to normal than last year. Have you taken into consideration how there has not been any growth to speak of in 2017? There has not been one month of 'normal' ice since about mid September 2016. So if 2017 would have to pick up in being cold enough for new ice, it sure is taking long.. Seen this latest graphing by Gavin? https://twitter.com/ClimateOfGavin/status/887522165196820480/photo/1 meddoc Quote from: Thawing Thunder on July 19, 2017, 11:09:39 AM And that Hole just keeps on growing, eating up MYI in the right upper Corner of Greenland. Meanwhile, from Portugal across France, Italy, Croatia and into Montenegro Wildfires are raging. Not to mention the usual Suspects: Siberia, Canada NW & Alaska. Quote from: liefde on July 19, 2017, 11:18:02 AM Distributions look like worms or slugs moving forward.... Andreas T This can be seen on worldview clicking back through the years back to 2009. 2010 is interesting when after an early (May!) start to the breakup from the east to Stefanson island, a line held across Parry channel for a month. The mechanism behind this is that the ice is not uniformly thick and has some cracks from movement during the winter. As it weakens from thinning and softening (due to warming, enlarging of brine channels) it will initially be supported along the coasts of several islands. When one of these supports (the ice along the coast) gives way the stresses in the remaining ice become stronger so that it is most likely that everything becomes mobile in a very short time. Quote from: oren on July 19, 2017, 12:48:35 AM Quote from: Steven on July 18, 2017, 08:42:27 PM Latest weekly MODIS 7-day composite image from Environment Canada: I've converted this to an animation to enable easier comparison to 2012. What strikes me is how different the two years are. 2012 seems to have a lot more ice (though I know extent metrics say otherwise), but also has areas of much lower concentration inside the pack on the Pacific side. Sea ice compactness at this moment seems to be substantially higher than in 2012, 2015 and 2016. That is also the case for NSIDC sea ice compactness, which suggests that 2017 has fewer melt ponds and/or fewer holes in the ice pack than 2012, 2015 and 2016. Last years October figure was a consequence of an exceptional decline in the September Ice in the Antarctic and an exceptionally low rate of growth in the Arctic in October. I expect both areas to be more normal this year with the likely extent reaching about 25 million in October. Not as high as previous years but higher than the low of 2016. which after all followed on the end of a long and virulent El Nino with global sea temperatures well above previous records. Toto, I've a feeling we're not in Kansas anymore So far Antarctic Sea Ice is failing to oblige by returning to normal. Indeed, if refreezing from now to max is about average, a max of around 18 to 18.5 million km2 seems likely (Jaxa data). Assuming an Arctic (jaxa) minimum of around 4 to 4.5 million km2 gives a total of 18 to 19 million km2. It is therefore quite possible that global sea ice extent may continue to decline for the time being. Yes, I do not always bicycle We'll see if the Weddel and Ross Gyres partially responsible for the flatlining last autumn have recovered to their former levels of ice. I wouldn't be surprised by large gains there compared to last year. But arctic is another matter. I expect the autumn peak be a bit higher than 2016 but not back within the main pack. Cooling the outside by heat pump. Gents, could I kindly ask to put some limit on discussing Antarctic/global sea ice in this high-profile thread? Not that it's not interesting, but I feel it's veering OT. That is some good news at least. Thanks. Could slow down the rest of the melt-season. A huge area of icepack towards 'west' side of the NP looks somewhat integrated from looking at Worldview. Quote from: Thomas Barlow on July 19, 2017, 05:23:11 PM I would have to trust my own eyes on that(compactness of any measure), among other sources. PS Unrelated. NSIDC SIE 2017, 07, 17, 7.765 x 106 km2 2017, 07, 18, 7.640 Following a couple of nominal drops, yesterday saw a 125 k drop in extent. « Last Edit: July 19, 2017, 05:46:17 PM by Tigertown » would be good news if it were true while the exact opposite is the case IMO. looking at the entire remaining ice as a whole, compactness is poorest ever and meltponds are water ON ice and for that the ice most be relatively homogeneous and "compact" which it is not and besides other factors meltwater is often draining throuch fissures and holes. ice is fragmented like never before which is the opposite of compact. according to that the opposite will happen, the ice, despite the relatively cool and often overcast weather, will melt from the bottom and because its thinner than usual (a lot thinner in fact) and then considering that huge areas of ice have a similar thicknes, namely FYI, it could well happen that once zero thickness is reached, that huge areas will be affected quasi overnight. last but not least we are at all times close to lowest even though the weather and temps are not especially melt-boosting for quite some time now. the worse it will be once that would change again with strong winds and wave action as nasty helpers to destroy ice. i will happily stand corrected but let's see. BTW it would be nice if we could have a link of the source for "high compaction" for further assessment of accuracy and reliability of that source. any good points to proof me wrong are very welcome, facts should prevail EDIT: it has to be put into account where what happens, since the polar region is not expected to go generally ice-free. it's the latitudes between 77 and 82 north that count, the more southern rest will mostly melt anyways magnamentis, It says NSIDC on the charts and the percentages are probably correct in and of themselves. I believe the problem may be that the percentage of compactness now compared to what we started out with is not saying much. If we had started the season out with a strong pack and still had a strong percentage of compactness, that would be a whole different situation. I am sure someone will correct me if I am wrong on how the NSIDC does their figuring. huge areas of ice have a similar thicknes, namely FYI, it could well happen that once zero thickness is reached, that huge areas will be affected quasi overnight That's what I expect in August. I don't belive the FYI that formed after october-november can really survive the melting season. greatdying2 Quote from: seaicesailor on July 19, 2017, 06:34:46 PM NSIDC area/extent is disproportionately affected by melt polds Because of this, "compactness" is a misleading name for this metric, which combines two distinct phenomena: the ratio of ice to open sea area (bona fide compactness), and the ratio of melt ponds to ice area. This makes interpreting NSIDC area/extent tricky at best. It is entirely possible that reduced melt ponds due to increased fragmentation may be a negative feedback, slowing melt. Or, it may be the opposite. I haven't seen anything beyond speculation to resolve this important question. The Permian–Triassic extinction event, a.k.a. the Great Dying, occurred about 250 million years ago and is the most severe known extinction event. Up to 96% of all marine species and 70% of terrestrial vertebrate species became extinct; it is also the only known mass extinction of insects. seaicesailor I had removed my original comment, I was thinking it didn't add anything new. Anyway I'll just say the NSIDC compactness (derived from Wipneus processed data, I believe) support, for me, what I could perceive from the Canadian Servive composite images of a colder state of the Arctic ice pack in general compared to 2012. See oren's gif and comment here https://forum.arctic-sea-ice.net/index.php/topic,1834.msg121401.html#msg121401 « Last Edit: July 19, 2017, 08:43:03 PM by seaicesailor » would be good news if it were true while the exact opposite is the case IMO. Shows nearest least-cloudy day in 2016 ( bottom), compare to July 17 2017 (on top), Screen Shot 2017-07-19 at 2.38.06 PM.jpg (2484.42 kB, 3360x1899 - viewed 138 times.) « Last Edit: July 20, 2017, 05:36:58 AM by Thomas Barlow » Quote from: magnamentis on July 19, 2017, 05:41:57 PM You're not correct and need to do more comparing. Start here, Uni Bremen comparison maps for July 19th. Look for yellow and green in 2012, 2007, 2015 and 2016. Now compare to this year. Here's the Regional Graphs page on the ASIG, which contains a Wipneus graph with Uni Hamburg, JAXA and NSIDC compactness. As you can see, this year is highest for NSIDC and JAXA, but third highest for Uni Hamburg (highest resolution), not much above 2012. Quote from: greatdying2 on July 19, 2017, 08:06:03 PM Conventional wisdom tells us that years with high compactness ratios generally don't break records. At some point conventional wisdom no longer applies. We don't know if that point has been reached this year. Doesn't look like it to me, but you never know (volume is still record low, according to PIOMAS). The current weather forecast is perfect for ice retention. Conventional wisdom says that at some point this will cause hiccups in extent decrease. Greenland surface melt may show a spike though: ECMWF TT forecast Jul20-Jul25.gif (308.21 kB, 914x606 - viewed 117 times.) See this file on Wipneus' website for Arctic sea ice extent and area data calculated from NSIDC gridded sea ice concentration. The numbers in the third column of that file corresponds to sea ice extent, the fourth column to area, and the last two columns correspond to the extent and area anomalies respectively. From those data you can then calculate NSIDC compactness = area divided by extent. See also the compactness graph in the top post of Wipneus' home brew thread: There are 3 groups of curves in this graph. The red/purple NSIDC curves correspond to the graph I posted upthread. The green JAXA curves lead to the same conclusion, namely that compactness in 2017 is currently higher than in 2012, 2015, and 2016. Finally, the third group of curves in the graph (blue Uni Hamburg curves) also show that compactness is currently higher than in 2015 and 2016. Note that comparisons with 2012 cannot be made from Uni Hamburg data, since the Uni Hamburg AMSR2 data are only available from August 2012 onward. (The graph does show some Uni Hamburg SSMIS data for July 2012, but that is not directly comparable to AMSR2). Quote from: Neven on July 19, 2017, 08:53:03 PM It is hopeful that the weather is good for retention. OTOH, pertinent to our understanding of compactness, what's N and E of Svalbard I think contributes significantly to that high ratio, and isn't exactly reassuring, considering the image I captured below. I will add, that recent changes and melting out in the Barents are starting to show a return to both higher SST's, and a reassertion of the "Atlantic Front" we saw last year. The second image shows how a combination of drift and warmer Atlantic from the south has started opening up the water north of Svalbard as we have seen frequently over the last few years. eosdis-20170719-NE-Svalbard.jpg (87.62 kB, 854x555 - viewed 154 times.) eosdis-20170718-N-Svalbard.jpg (61.28 kB, 605x528 - viewed 2761 times.) There are 3 groups of curves in this graph. Since no one has attempted to address the important issue of melt pond fraction vs. true compaction, and since many people seem to be jumping on the "2017 is more compact" bandwagon, I will make this further point: Look at how noisy these plots are. I would speculate that a large part of this high short-term variability (aside from the part due to measurement error, etc.) is due to melt ponds. Weather can cause melt ponds to form and refreeze quickly over large areas. Bona fide compaction requires ice to be pushed around, so it takes longer (how long?). If so, the contribution of melt ponds appears to be of the same order of magnitude as the difference between years in bona fide compaction. Personally (and scientifically), I have a very hard time placing much weight on such noisy and AFAIK unsupported metrics. I'm not saying that this year bona fide compaction is less or more than other years, I'm just saying that IMHO, based on this metric, we don't really know. (Or perhaps I am just ignorant about the relevant scientific literature...?) Quote from: Tigertown on July 19, 2017, 05:58:05 PM good explanation, makes totally sense, thanks a lot, i did not consider that :-) thanks a lot, today adds a lot to my learning curve thanks to many thoughtful feedbacks @neven thanks for the links, i'll do as suggested (more comparison and the likes ) VeliAlbertKallio The mysteries of the pulverized sea ice may continue. But there is one thing certain. It the open water between ice floes is large, the overall surface colour darkens (hence more sunlight retention). Despite seeing pulverized and fractured sea ice almost everywhere, huge areas appear still relatively white --> This means that sunlight continues to be dumped into space. If the whole ocean gets darker hues due to pulverization and/or ponding, then it will be bye-bye Quote from: jdallen on July 19, 2017, 09:33:34 PM ... OTOH, pertinent to our understanding of compactness, what's N and E of Svalbard I think contributes significantly to that high ratio, and isn't exactly reassuring, considering the image I captured below. I will add, that recent changes and melting out in the Barents are starting to show a return to both higher SST's, and a reassertion of the "Atlantic Front" we saw last year. The second image shows how a combination of drift and warmer Atlantic from the south has started opening up the water north of Svalbard as we have seen frequently over the last few years. Admiral Franklin of the McGillicuddy Highland Navy Definitely in agreement on this. I think its very hard to pin down where we are by comparing any conventional metrics with past years. For a start perhaps as much as fifty percent of the "extent" being charted is a mobile mix of rounded off floes and rubble. And unless I'm mistaken these rubble areas which could be half of the actual area of these zones are below the resolution of algorithms being used to generate the data we are receiving. So (as an extreme example) say 100 sq km containing on average a football sized chunk or two per square meter dispersed evenly over the whole area could conceivably count as a solid 100 sq km of area and extent. And my perception when I try to logic out the differences in the state of the ice from the massively different freeze season is that a lot of the Ice that is in the reasonably cohesive section nth of the CAA would have started its life near the Russian coast in Autumn conditions that were characterized by snowfalls on the water oscillating with sleet and above freezing temps and "snow-floes" might be a better description of them than Ice-Floes. These would have had difficulty building bottom thickness later in the season due to insulation properties of the "layercake" Then from February on when dry and cold conditions returned, the mobile snow-floes would have been set into a mesh of more saline late first year ice. which may well have built more thickness bottom down than earlier stuff with its snow blanket insulation. This sort of scenario could reduce meltponding via several mechanisms. Porosity of the "snow-floe" subset, Different elastic properties, and little strength in either set compared to previous years causing far more fracturing and drainage potential. And if there is less salinity in because of a lot of snow and sleet contributing to the early season stuff, then the lower melting point of the late FYI would, as it melts, tend to suppress water and air temperatures and retard melt in the earlier stuff . Also regarding compaction metrics. previous years have been more characterized by the fringes being chiseled away and dispersed over relatively large areas. Giving large areas easily recognized as low concentration. Where as this year the increased mobility and fragility is causing a general sprawl out of rounded off floes and rubble fields. Policy: The diversion of NZ aluminum production to build giant space-mirrors to melt the icecaps and destroy the foolish greed-worshiping cities of man. Thereby returning man to the sea, which he should never have left in the first place. https://en.wikipedia.org/wiki/McGillicuddy_Serious_Party Ice Shieldz As far as nullschool is concerned 2016 atlantic-side SSTAs were hotter than 2017's, while 2016 pacific-side SSTAs were significantly cooler. Not sure of the climatology or the weather that created this difference, but over the last 30 days, 2017's pacific-side SSTAs are clearly heating at a faster rate than 2016's, and therefore 2017 is closing the gap. As someone alluded to earlier, an atlanticpacific-side warm ocean is said to drive WACCy like weather responses in fall-winter, but how will this effect summer-time systems in-bound from russia to the greenland sea? Disclaimer: At least one poster commented that they don't trust nullschool's SST data. Not remembering why? I'm assuming that because we are comparing data from 2 different years in the same product, the differences in temps between now and 2016 are accurate enough as a measure of relative change. « Last Edit: July 20, 2017, 05:10:51 AM by Ice Shieldz » A fair amount of rain lining up with warm 850 mb temperatures today. Webp.net-gifmaker.gif (553.01 kB, 412x743 - viewed 191 times.) Heres a look at the Atlantic side 2015,2016,2017. SSTs and currents To me there actually seems to be more gulfstream inflow this year than the two preceding. And definitely a lot more meltwater eviction down both of Greenlands coasts. and a substantial cold meltpool establishing this year to the south and east of Greenland also. Its interesting to see the ramp up of temperature from 8.7 to 9.2 to 15.8 degrees in the warm blob next to Svalbard. Hansen 2015 warned about the danger of the meltpool south of Greenland. predicting that by covering the gulf-stream it could produce a world wide global warming effect up to ten times as much as our current greenhouse gas overburden. By reducing its ability to radiate heat away into space. If this effect is kicking in, then we might have an explanation for why there appears to be a lot less ice nth of Svalbard and Franz Josef Land than Piomass is claiming. Theres been persistent southerly's there for a while now, and waves created by them up to 3m spanking the ice in the vicinity. With the fragmented pack they are capable of penetrating perhaps 100km into the ice, and if gulf-stream waters are lurking below the cooler surface then considerable heat may be attacking the ice from below due to mixing processes. That meltpool also seems effective in pinning a low pressure system to itself and with the high pressure stalled over western Europe, the southerly's have been and look to want to continue winching all the air and humidity all the way up from the Caribbean and gulf of Mexico. Click to animate. sstCurrents2015-2017.gif (609.59 kB, 1024x519 - viewed 220 times.) Yer. And quite heavy over the best stuff we got north of the CAA too! subgeometer Windy TV predict persistent waves around 2m north of Svalbard this week while warm air is drawn over the Atlantic sector. Also plenty of waves on the Pacific front at various times I'm not sure how this is determined but it's scary how far into the pack the model sees waves propagating waves.png (525.01 kB, 1250x632 - viewed 144 times.) @subgeometer It looks like that is going to continue around the Svalbard area for several days, with some ups and downs in wave heights, of course. This should move some of the warm water around, and there is plenty in the area. proxy.png (17.57 kB, 500x400 - viewed 2178 times.) Thanks TT It would also be interesting to see a few profile from the huge swathe of open water around the coast from Canada to the Laptev. The waves at Svalbard are being driven by persistent warm southerlies. This low could have a bad effect on the now peripheral Atlantic fringe, while the cold is blown to already melted areas on the Pacific side. atlantic_warm_southerly.png (868.04 kB, 1366x768 - viewed 129 times.) Animation of Uni Bremen's concentration on the pacific side, July 13-19. Note how floes are winking out north of Barrow and the front is receding, while the Gyre is pushing ice south in the eastern Beaufort, and what seems like dispersion north of Wrangel. BeaufortChukchi Jul 13-19.gif (998.02 kB, 698x351 - viewed 1609 times.) numerobis Southern Baffin Island has had a cool, cloudy, and rainy July so far, so there's a fair bit more sea ice than normal. Cloudy is the main thing stopping sea ice from melting. It's complicating the shipping season. The Amundsen is going to be stuck breaking ice for a bunch of ships in and out of Frobisher Bay over the next couple days -- the Mitiq, Qamutik, Zélada and Taiga all arrive and/or leave this week, along with a tanker whose name I've forgotten that's been filling up our huge diesel tanks. Rumor is the Mitiq won't be able to get to Pangnirtung, so that town just won't get its scheduled shipment on Monday. That's not yet reflected in the schedule, so I guess the company is still holding up hope. http://ice-glaces.ec.gc.ca/cgi-bin/getprod.pl?prodid=WIS33CT&wrap=1&lang=en http://www.neas.ca/pdf/sailing_schedule.pdf https://www.arcticsealift.com/schedule.php nullschool predicted strong winds from Baffin into Frobisher Bay on the 18th, if I remember correctly. Did that happen and cause problems? Quote from: numerobis on July 20, 2017, 04:05:21 PM Southern Baffin Island has had a cool, cloudy, and rainy July so far, so there's a fair bit more sea ice than normal. some more here, some less there for the south it's true but the, close to land the average shows ice at this time of the year, nothing out of the ordinary really once we look at landlocked ice IMO, just some very local differences. Screen Shot 2017-07-20 at 16.32.20.png (40.11 kB, 192x235 - viewed 1437 times.) « Last Edit: July 20, 2017, 04:34:41 PM by magnamentis » Judah Cohen made an excellent forecast of the Arctic weather on 2 July. The positive AO he predicted has kept the central Arctic cool and cloudy, preserving the central core of the sea ice. Longer Term The latest plot of the tropospheric polar cap geopotential heights (PCHs) shows cold/below normal PCHs in the stratosphere and in the troposphere over the next two week (Figure 10). The cold/negative PCHs are consistent with the predicted positive AO and low heights in the Arctic basin. Cold/negative PCHs does favor ridging and warmer temperatures at lower latitudes across Europe and the US though at this time of year the relationship is not strong. The cold/negative PCHs could also help retard the rate of Arctic sea ice melt through the summer months. With this stormy weather pattern ice along the Atlantic margins of the ice pack is vulnerable because warm water has been entering the Arctic through the Fram straight, flowing in along the west and northern coastline of Svalbard. This weather is not perfect like 2013 for preserving sea ice because the margins on the Siberian and Atlantic sides have seen strong warm air advection, but it has near perfect for preserving the core of ice in the central Arctic. All in all the cool cloudy weather has been very good news for the ice this summer. I'm closely watching how much damage is caused by storms and waves along the margins of the ice pack with the open water. I'm expecting a rapid retreat on the Atlantic side over the next 2 weeks. CohenAER2July17Figure10_2.png (66.29 kB, 683x361 - viewed 1380 times.) Csnavywx This +AO/+NAO pattern has been very persistent, with very few breaks since last fall. Quite remarkable. Quote from: Andreas T on July 20, 2017, 04:22:18 PM There isn't much ice at the mouth of Frobisher Bay to blow around, so I don't think it's caused any serious trouble. Still probably want an icebreaker nearby. Pang is on a fjord off the next major bay (Cumberland Sound). There, the ice report has a couple of regions at 70-90% thick first-year ice with "vast" floes (several km wide). That could pretty easily get in the way of the entrance to the sound if the winds come from the north, or to both the entrance to the sound and the fjord if the winds come from the southeast. Presumably that's what's sparking unconfirmed rumours. Seems the shipping companies expect the Baffin Sea to be navigable (but not necessarily ice-free) all the way up the coast by mid-August only. Qikiqtarjuaq, Clyde River, Pond Inlet, and Grise Fiord don't have deliveries until August 18 or later. Qik and Clyde are locked in by fast ice right now; it's got almost a month still to melt before causing trouble. After that there's still a full extra month of melt season. Seems unlikely to have any more than a trace of ice survive in the Baffin Sea so long. The weather is "average" by 1980-2010 climatology; that still means it's a lot warmer than the 1980s. NSIDC sea ice concentration should be more sensitive to melt ponds than the JAXA or Uni Hamburg data. The fact that it is sensitive to melt ponds is actually useful for making predictions. The NSIDC sea ice area in June (or July) is a good predictor for the September minimum. Slater's probabilistic method is based on NSIDC sea ice concentration. People like Chris Reynolds, Rob Dekker and Alek Petty have also been using NSIDC sea ice area (or concentration) to predict the September minimum in one way or another. I also use it for my own estimates in the polls on this forum. The Pacifics looking interesting. 8 hurricanes beaded from Japan to Panama. Quite a lot for this early in the season. Greedy looking settup dragging all the tropical air from Africa to Mexico and throwing it up the Asian coast. Looking at the 250hpa jets the polar jet has thrown out an arm and hybridised the second one from the left already. Bizzare cross equatorial backflows south at that level also. 850hpa with MSLP, and 250hpa with TPW pacMSLP7-21-850hpa.png (1028.96 kB, 1024x495 - viewed 93 times.) pacTPW7-21-250hpa.png (1328.06 kB, 1024x495 - viewed 95 times.) A few days of rough stormy weather ahead in the Beaufort sea, it will get cooler (eventually) as almost the whole Arctic proper, however these storms may disperse the neatly formed pack of broken floes in Beaufort. Still 60-90 days of bottom melt there. Detail of ACNFS drift forecast for this Sunday, a couple of storms like this might make the thing look really messy as in '15 and '16 20170720_195536.jpg (168 kB, 405x405 - viewed 1063 times.) I also have this feeling that holes could start to show up in the ice pack real fast, once they get going. But for now, this year isn't looking anything like 2016, 2015, or even 2013. Here's a comparison using Uni Hamburg AMSR2 sea ice concentration maps: UH AMSR2 comparsion 2013-2015-2016-2017 0719.png (846.63 kB, 800x846 - viewed 127 times.)
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Mom Calls Daughter ‘Heroic’ for Recording Her Alleged Drunk Driving, Calling Cops Posted 1:22 PM, September 11, 2019, by Tribune Media Wire An Arizona mom who allegedly drove home from the movies drunk with three kids in the car didn’t just have the police to contend with. The Arizona Republic reports Stephanie Davis, 31, was arrested shortly after 4 p.m. on Saturday after cops who arrived on the scene in Glendale say they found her stumbling around outside her car and exhibiting slurred speech and bloodshot eyes, per Maricopa County court records. “When she walked, she had to be supported by officers, and when she tried to exit the patrol vehicle, she fell down and had to be caught by officers,” the court documents note. Inside the car: three children. One of them—Davis’ own 10-year-old daughter—had recorded her mom as she weaved down the road and ultimately called 911, per the documents. Cops say the girl let them see the video, in which the children can be heard yelling at Davis to pull over so the car wouldn’t crash. Police say Davis confessed to having had some wine; court records say she failed field sobriety tests and was served a warrant for a blood test. “This is the most embarrassing thing to happen in my life … the most failed moment of being a mother,” Davis tells KTVK, noting she was “disgusted” by her actions and had consumed the wine while watching The Lion King with her daughter and 4-year-old nieces. She adds that she’s proud of her daughter for recording the incident, calling her “heroic”: “She absolutely did the right thing.” Davis is set to appear in court on Sept. 23 on charges of aggravated DUI. Her message for parents: “Save the wine for at home.” (Read more drunk driving stories.) More From Newser: 3 Species Were Known to Go Through Menopause. Now It’s 5 New Python Hybrid May Spell Future Trouble in Everglades Entire Arctic Expedition Perished, but Not Because of Lead Filed in: National and World News, News This Isn’t Home FOX40’s first-ever documentary follows two families as they try to navigate homelessness in Sacramento. Click here to watch and learn how you can support homeless children in the city. Memorial held for Davis officers killed in line of duty Stockton woman pleads guilty to fatally abusing her 4-year-old stepdaughter ‘I wasn’t going down without a fight’: North Carolina mom fights back against alleged carjacker Police warns gun store about distraught mom, preventing possible murder-suicide Four men ordered to hang for fatal gang rape on New Delhi bus Body cam videos show officers shoot suspect who killed his mother at their Davis home Davis police say carjacking is latest in ‘unusual’ rash of thefts California Highway Patrol says girl signaling for help turned out to be hoax Family: 3 kids in car when estranged husband kills mother Experts cite training gaps in accidental shootings by police Mom fights for charges against driver in DUI death of her daughter Woman says suspect held her family members hostage for hours in Oak Park home Lincoln police arrest man suspected of exposing himself to teen, two women
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The Best Strategy Board Games List for Nerds October 26, 2018 December 4, 2019 Diane Wang 0 Comments Playing board games is a great way to socialize, and our Ultimate List of 15 of the nerdiest and best strategy board games stands up to all the hype. Want to spend hours outwitting your opponents using tactics, strategy, and lots of planning? This list is recommended for those who like to spend 1.5-2 hours playing a board game. Not for you? See our list of top board games selected for their fun and popularity over the years! 1 – Settlers of Catan Settlers of Catan is a competitive, resource gathering game that involves probability, dice rolling, luck, and strategy. Since it’s release in 1995, it has nearly single handedly paved the comeback of the ‘Euro’ board game in America. Players place 2 settlements down on the board to start, and this might be the most critical part of the game. Each placement rewards players with resources that are attached to a number between 2-12; numbers that can be rolled by two die. The terrain, hexagonal pieces, represent 4 different types of resources, ore, sheep, wood, and brick, which players must acquire in order to expand their territories and gain points. These resources can be used to expand territories by build new settlements, roads, cities or development cards. How good is this game? It’s one of the most popular strategy games of our time, and people play this game hundreds upon hundreds of times. Check Price – Settlers of Catan. Ages 10+, 3-4 Players Playing Time: 60-120 minutes Designer – Klaus Teber Publisher – KOSMOS 2 – Splendor One of my personal favorites, Splendor is a fairly new game (2014), and is one of the most praised games of the decade. Winner of many awards, Splendor is an incredibly sharp and elegant game that takes literally minutes to learn and more than a few games to master. The point of the game is to get to 12 Prestige Points before your opponents, and there are many ways to get there, though games can be close. The mechanics are simple as there are only 3 moves a player can take on their turn – take tokens, buy a card, or reserve a card, however the play is not. This game is super fun and will not disappoint. Highly recommended for all gamers looking for a board game that will dazzle. Check Price – Splendor Designer – Marc Andre Publisher – Space Cowboys 3 – Ticket to Ride Ticket to Ride is one of the most beloved board games defined as a ‘rail’ game. Players collect train cards throughout the game which they redeem by claiming railway routes to North America. In order to fulfill their destination tickets, players engage in decision making and trade offs as well as intense tactical strategy development, as they can also earn more points with longer routes. Players who can fulfill destination tickets building the longest continuous routes win additional points. The guidelines of the game are simple enough, yet the decisions become more complex as the game persists. A highly engaging, fun and unique challenge, Ticket to Ride is a must play game, that has lasted through the ages. Check Price – Ticket to Ride. Ages 8+, 2-5 Players Designer – Alan R. Moon Publisher – Days of Wonder 4 – 7 Wonders In this game, you get to lead one among the 7 great cities in the ancient world. You will use resources to develop commercial routes, stamp your military authority and get to build an architectural wonder in your city that will transcend future eras. Players can buy resources from the bank or gain cards during the game that offers resources to build in the future. This game lasts three Ages and in each one, players get to choose a card from a deck of seven before passing the rest to the next player. Upon revealing the cards they have chosen simultaneously, they can pay for resources or collect them while interacting with other players. Each player again selects a card from another deck and the cycle continues until every player has six cards in play from the age in question. Immensely engaging, it’s a must try as one of the most popular deck building games of our time. Check Price – 7 Wonders. Designer – Antoine Bauza Publisher – Repos Production 5 – Dominion Dominion is a strategy deck building game involving 2-4 players (created by a game designer who lives in Berkeley) who assume the role of a Monarch and are purposefully aiming at increasing the size of their Kingdom through acquiring more land. All players also do the same, leading to the building of more buildings and castles to defend oneself. There are two phases in each turn which includes buying and playing action cards to earn victory points. As the game involves building a great deck, and better management of the deck can result in a good mix of victory points, action cards, and gold. The better combinations makes a big difference, as deck gets better and better thus making it harder for other players to accelerate their game. Check Price – Dominion. Designer – Donald X. Vaccarino Publisher – Rio Grande Games 6 – Agricola Agricola is one of the most famous of the strategy or euro games. In this turn-based game, you are a farmer with a spouse living in a wooden shack. Each turn you get presents two actions, one for you and the other for your spouse. You get to collect clay, wood, stone, fences, and other building materials so that you may expand your house. The game uses different types of cards which players get to experiment with to make improvements to their household. Agricola is a complex game that takes 3 plus hours to play across 14 rounds and six stages and each player begins with a farm and spouse as tokens. It is a highly focused strategy game that is best for those up for a long and highly involved game that can take half a day to play. Check Price – Agricola Designer – Uwe Rosenberg Publisher – Lookout Games 7 – Carcassonne Carcassonne is one of the classic strategy games before there were dozens of games to choose from each year, where players are involved in tile placement around the town of Carcassonne. The game plays between 2- 5 players who place the tiles to create grassland, city, road or any combination that results in a connection of roads to roads, cities to cities among others. Players can, therefore, decide on placing their meeples in strategic position including on the grass as a farmer, in the city as a knight, on the cloister as a monk or the road as a robber. When the players complete the area, they own points from the meeples, and players with the most points at the end of the game win. Check Price – Carcassonne. Designer – Klaus-Jurgen Wrede Publisher – Z-Man Games 8 – Suburbia Suburbia lets you plan and build small towns into your own huge metropolis. Get to test your strategic and tile-laying skills in a familiar setting, the suburbs! Highly entertaining and engaging, players compete with opponents to create commercial, residential and, industrial areas and buildings that take advantage of resources in the neighboring towns. These achievements will serve as infrastructure and economic engines that drive up profitability and self-sufficiency to motivate population growth. Players compete to achieve unique goals that will bring boost populations. Though there are competing drivers, winning ultimately means you end up with a bigger population than your gaming rivals. Check Price – Suburbia. Designer – Ted Alspach Publisher – Bezier Games 9 – Orleans Welcome to the Loire Valley and the medieval city of Orleans. A city of wheeling and dealing, and vast opportunity for merchants, ready to profit from the end of the war. Only the greatest merchants will prevail, the ones with the most profitable deals, the greatest networks and the shrewdest strategies. In this strategy board game, you and up to 3 friends will find out who comes out ahead. Orleans is a savvy and complex game where you compete to become the most successful trader. Nearly, the whole game is played with little regard to player order which is different than most The game can be on the longer side and ends when you have finished 18 rounds, of 7 phases each when the merchant with the most points wins. Check Price – Orleans. Designer – Reiner Stockhausen Publisher – Tasty Minstrel Games 10 – Village Village is a phenomenal euro game from 2011, that you can play with up to 3 friends competing to become the most influential family in a medieval village. This is the only strategy game on our list where players can gain points by killing their players. Will your progeny feature in the Village Chronicle with the greatest and the good, or molder away in an anonymous grave, dead from the Plague? Village is a turn-based strategy game, with the main commodities being time and influence. Each player is the head of a family in the village and uses their family to build up prestige.This is done by performing certain actions, all of which cost time or influence. After you spend a certain amount of time, your family members die and according to their life choices, may appear in the village chronicle granting you more prestige. The game ends when the soulless graveyard is full, or the Village Chronicle has no more space. Check Price – Village. Designer – Inka Brand, Markus Brand 11 – The Castles of Burgundy The Castles of Burgundy, a huge hit with the gaming community, is one you and up to 3 friends can play, as you step into the shoes of 15th Century Princes from the Loire valley. You will need to think tactically and be ready to build strategic alliances as you farm livestock, build settlements and castles, exploit silver mines, research the latest technologies and build essential trade deals to become victorious. The Castles-of-Burgundy is a dice rolling, tile placement, strategy game. There many paths to victory and though the dice dictate the actions available, the players are very much in control of how they choose to win. The game is played with 5 phases in total. On each turn players must draw a tile and add to this to estate and then may decide to perform various actions (such as mining, building and trading). At the end of the fifth phase, victory points are awarded and totaled, with the winning prince being the furthest along his victory track. Check Price – Castles of Burgundy. Designer – Stefan Feld Publisher – Rebel Games 12 – Yokohoma Yokohoma, a small backwater fishing village, was of little interest to anyone except its inhabitants. That all changed when the Meiji Era ushered forth a new era of trade and exploration. Now, as it rapidly becoming one of the major trading hubs of Japan and you and up to 4 of your rivals, will gain fame and fortune by exploiting these new worlds. Yokohoma is a strategy game of resources and allocation; you play your turn by moving your President and other pieces around the board and performing various actions with constraints that require future planning. Points may be earned in many ways, such as fulfilling contracts or having the most influenced in the Church, Custom, or Technology tracks. An incredibly fun and engaging game, Yokohama will keep you intrigued throughout the play as there is very little down time for players as you must stay alert as to be competitive. Check Price – Yokohama. Designer – Hisashi Hayashi Publisher – OKAZU Brand 13 – Terraforming Mars The year is 2174, Humanity is entering a new and exciting era. The Red Planet, Mars, is opening up to corporations, and leading the way to Mankind’s inevitable next step. Your task – to lead one of these corporations in attempts to make this cold, dark planet habitable for humanity. Terraforming Mars is one of the most popular and latest strategy board games to be set in space. A winner of many awards, Terraforming Mars is used to the praise. To win you must the acquire the most victory points at the end of the game. Victory points come from your Terraform rating, which is improved by raising the global parameters for oxygen, temperature and ocean. This is done by playing cards and completing different projects. The game ends when terraforming is complete, and humanity can survive unaided on the surface of Mars. Check Price – Terraforming Mars. Playing Time: 120 minutes Designer – Jacob Fryxelius Publisher – Stronghold Games 14 – Clans of Caledonia As head of your clan of fierce Scottish tribesman, caught in the brink of the industrial revolution in Scotland, you must lead your people away from traditional agriculture into the new world of trade, production and export. With the European brandy and wine stores ravaged by insects, can you step in and trade your world-renowned Whisky while building your empire in this brave new world? The game is played with a mix of tiles and tokens, with each turn consisting of 4 phases including tile placement, trading, obtaining contracts and fulfilling various actions. After 5 rounds final scoring takes place, with points being awarded for steps on the glory track, goods held, fulfilled export contracts and settlement scoring. The game can be played with 1- 4 players, with a solo version available if you do not feel like socializing with lesser clans. Check Price – Clans of Caledonia. Designer – Juma Al-JouJou Publisher – Karma Games 15 – Castles of Mad King Ludwig Castle of the Mad King Ludwig is highly recommended and fairly unique board game where 2-4 players are mandated to build amazing lavish castles for the King Ludwig, Second of Bavaria. The King is known to like building castles given his establishment of the Neuschwanstein. Every player in the game plays the role of a building contractor and is intended to create the largest and most lavish Fort ever for the King. Players may start with easier foyers and smartly build from there understanding the intricacies of the castle. Based on the sizes and the types of rooms constructed, players earn points and may also earns bonus points. Check Price – Castles of Mad King Ludwig. ← Top 14 Best Family Board Games The Spiel des Jahres → <# if(ThriveComments.current_user.ID){#>href="https://gamehubhq.com/wp-login.php?action=logout&_wpnonce=9455a380a6"<#}#>><#= ThriveComments.util.render_label('logout_change') #>
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Gateway Community & Technical College>News Archive>Citi Partnership Wins National Bellwether Award for Workforce Development Citi Partnership Wins National Bellwether Award for Workforce Development A 10-year partnership between Gateway Community & Technical College and the Florence, Ky., site of financial services company Citi has received the prestigious national Bellwether Award for Workforce Development from the Community College Futures Assembly and the University of Florida. The Gateway-Citi partnership was one of 10 national finalists for the award, which recognizes public and/or private strategic alliances and partnerships that promote community and economic development. In more than 1,200 national community colleges, this is one of the highest honors an institute can receive, said Dale F. Campbell, professor and director of the Community College Futures Assembly and Institute of Higher Education. The awards are similar to being selected by your peers, comparable to the Oscar or Emmy award. Leaders from the winning institution are often recruited by other colleges to replicate the award-winning program. The Gateway-Citi partnership emphasizes career development and provides resources to enable Citi employees to begin or complete college credentials. Nearly 2,900 Citi employees have been served by the partnership, and Citi has replicated parts of it at three other sites across the country. In addition, Gateway has replicated various components in numerous companies in the Greater Cincinnati/Northern Kentucky region. In today's dynamic environment, less robust partnerships can fall to the wayside as business, academics, and the world change. It is an amazing achievement for this partnership to thrive for over 10 years, said Gregg Morton, a managing director at Citi. Because the foundation was built on improving the lives of others, that principle drives the partnerships sustained success. The collaboration began with planning sessions in 2002-2003 and now offers multiple onsite components that include the Gateway Academic Center, academic advising, Career Discovery classes involving employee-designed career pathway maps and academic goals, and credit classes leading to certificates and degrees, said Dr. Ed Hughes, Gateway president/CEO. The partnership enables Citi employees to start their journey to a college credential on Citis Florence office campus. Gateway provides academic advising on-site 20 hours a week and offers an Operations Management Certificate and Client Excellence Certificate. Since services began in 2003, nearly 950 Citi employees have participated in the Career Discovery class, and 331 of those have achieved at least one grade level promotion. Many people are responsible for the success of the strategic partnership, including Dr. Angie Taylor, Gateway vice president of Workforce Solutions and Innovations, and the entire Workforce Solutions staff; Heather Morgan, the Gateway on-site advisor at Citi; and Christi Dover, the Gateway project manager during much of the period, Hughes said. Our partners at Citi, including Teresa Wauligman, Julanne Yauch, Gregg Morton, and many others have made this initiative a part of the company's culture at Florence. The Citi partnership was one of our earliest endeavors in workforce development, and we are grateful for the confidence and support Citi has shown us over the years in administering the program, said Taylor. The award was presented at the Community College Futures Assembly Jan. 28 in Lake Buena Vista, Fla.
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U.K. Launches (Teddy) Bears To (Near) Space The University of Cambridge, in cooperation with a bunch of school kids, ballooned four teddy bears to 30,000 meters. Because, I mean, why the hell not? A helium balloon was used to get the bears up up and away flying to Near Space or the Edge of Space as it is known. The bears endured temperatures of minus 53 degrees on the three hour flight from Cambridge and all were returned safely to Earth. The project was intended to "engage local schoolchildren in science and engineering" with young pupils making the Teddy-nauts' space-suits. Oh yeah, making Teddy-naut suits, that's science and engineering for you. Let's see, the dumbass bear on the left doesn't even have a freaking helmet, so that poor bastard's long gone. And the one on the right....is that an inside out Doritos bag zip tied to his body? Wow. There was no good picture of the balloon they used, but we can only assume it was of the 'Get Well Soon' variety from the grocery store. Photos of teddy bears in space [newslite] Thanks to Charles, who once launched a polar bear into space with a single punch. The dude's strong. Wicked Awesome Original Mario Kart Song Tipping With TNT: Pole Dancing Stripper-Bots \n\nThe University of Cambridge, in cooperation with a bunch of school kids, ballooned four teddy bears to 30,000 meters. Because, I mean, why the hell not?\n\n A helium balloon was used to get the bears up up and away flying to Near Space or the Edge of Space as it is known. The bears endured temperatures of minus 53 degrees on the three hour flight from Cambridge and all were returned safely to Earth.\n\n\nThe project was intended to \"engage local schoolchildren in science and engineering\" with young pupils making the Teddy-nauts' space-suits. \n\nOh yeah, making Teddy-naut suits, that's science and engineering for you. Let's see, the dumbass bear on the left doesn't even have a freaking helmet, so that poor bastard's long gone. And the one on the right....is that an inside out Doritos bag zip tied to his body? Wow. There was no good picture of the balloon they used, but we can only assume it was of the 'Get Well Soon' variety from the grocery store.\n\nPhotos of teddy bears in space [newslite]\n\nThanks to Charles, who once launched a polar bear into space with a single punch. The dude's strong. Read More: doritos bag, engineering, learning is fun, outerspace, questionable, school, science, science is fun!, soft, space cadet, space invaders, space: the final venue, spacesuit, sure why not, ziptie PSA: Stay In School And Study Hard, Kids Why Not?: Send A Text Message To Aliens Blast Off Into Space (Cramped And Alone)!
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513-241-6650 | Downtown Cincinnati, Butler & Clermont Counties and Northern Kentucky Mark Godbey Matt Miller-Novak Dennis Risch Edwin Vardiman, Jr. Monica Welker Boating Jet Ski Accidents Vehicle Accident Verdicts & Settlements Repossession & Garnishment Post Decree Modifications OVI DUI Domestic Violence CPOs Small Business Representation Probate Estate Administration Child Custody & Visitation Mark Godbey, Attorney at Law 2016-07-06T11:08:46-04:00 Cincinnati Child Custody & Visitation Attorneys Child Custody & Parenting Parental rights and responsibilities must be decided upon termination of a marriage for any children born issue of the marriage. When a court is required to make a custody determination, there are two possible outcomes: (1) legal custody to one parent, or (2) shared parenting (sometimes called joint custody, where both parents are the legal custodians without regard of who the child is with). Two aspects to parenting are decision making and parenting time. A party who retains legal custody of the child(ren) has the right to make all decisions regarding the child(ren)’s health and welfare. This includes deciding which school the child(ren) attend as well as what medical procedures are performed and by whom. Whether one parent is the legal custodian or whether both parties make decisions through a shared parenting plan, both parents must make an allocation of parenting time. Who gets what parenting time depends on many factors including, but not limited to: distance between parent’s homes the age of the children Parenting time arrangements run the gamut and can be as complicated or simple as the parties wish them to be. A shared parenting plan provides a blueprint for how issues and disagreements involving the children are to be handled. The more thorough a plan is the better as it will help to avoid future confusion and turmoil. A good shared parenting plan will address such issues as: parenting time arrangements contact outside regular parenting time privileges and discipline A court will not order a parenting arrangement without first determining the arrangement is in the child’s best interest. To make this determination the court will consider factors such as the parents’ wishes, each parent’s relationship with the minor children, and past conduct. It will also look at the wishes of all parties involved including the child, the child’s adjustment to school and home, and which parent is more likely to promote a positive relationship with the other parent. If an agreement cannot be reached, the court may also order an evaluation. The evaluator will prepare a for the judge to review giving the evaluator’s opinions on what the best custody and visitation arrangement is for the family as a whole. Even after an agreement is reached, the court retains jurisdiction to modify the order in the future. In order to modify a custody or parenting time order, one party must show that there has been a change in the circumstances from the time the order was established and that a change in the order is in the best interest of the child(ren). Call Today: Serving People in Ohio and Kentucky Please call our office at (513) 241-6650 for a free initial consultation. You may also contact us online. We are here for your family. NEED LEGAL HELP? CALL US TODAY at 513-241-6650 Our firm has been serving the Greater Cincinnati, Ohio and Northern Kentucky area since 1989. We are proud to have many clients who come back to the firm for all of their legal needs or who refer others to us for representation. Click here to schedule your free consultation at one of our convenient locations. Cincinnati Attorneys We serve clients throughout Ohio and Northern Kentucky, including Cincinnati, West Chester, Covington, Hamilton, Mason, Hamilton County, Butler County, Warren County and Clermont County. 708 Walnut Street Suite 600 Beechmont Office 4030 Mt. Carmel Tabasco Road, #109 Phone: 513-528-LAWS (5297) Butler County Office 8050 Beckett Center Dr. Suite 322 Northern Kentucky Office © Copyright Godbey Law LLC 1993-2020 | Powered by McCabe Media LLC | All Rights Reserved THIS IS AN ADVERTISEMENT. | Privacy Policy | Disclaimer | Site Map | Pay Online
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Free business plan for tanning salon Geography unit 2 Peter skzrynecki s migrant hostel Describe how laws and codes of practice promote pupil well being and achievement The Jamiat-ul-Ulema-i-Hind, the greatest Moslem religious body has supported the demand and invited the attention of all concerned to the urgent necessity of introducing a measure to this effect. When given the opportunity, they exhibit approximately the same feeding patterns observed in free-ranging horses: It is permissible for the wife, in such a situation, to extend some material consideration to the husband. The philosophical trends in post-Chalcedonian Byzantium were determined by three major factors: Children are given special responsibilities i. Be it clear that I Rizwan Ahmed married with you without any dowry to spend a peaceful and happy marital life. The Muslim community has, again and again, given expression to its supreme dissatisfaction with the view held by the Courts. We only get to hear of the few cases of those bold enough to seek medical treatment in towns. School governors help the head decide which strategies need to be put in place, which strategies work and which do not work and if things need to be changed and how. The basic Platonizing spiritualism implied here will always appeal to monastic circles looking for a metaphysical justification of asceticism. What makes it even more disheartening is that Burkina Faso has legislation against FGM and has had since which criminalises anyone performing, arranging or otherwise aiding FGM. Teeth floating is necessary because the teeth of horses continue to erupt from the gums until horses are approximately 17 years of age. Children are rewarded for achievements, good behaviour and being polite and courteous to other people in the setting. On Monday, senior counsel Abhishek Manu Singhvi, argued in the Supreme Court that Female Genital Circumcision FGCpractised by the Dawoodi Bohra community is an integral aspect of the religious practice and hence, the court cannot interfere with this faith. Keeping horses in continuous darkness is not acceptable. The essential texts are found in A. Orthodoxy and Interpretation Contents: But they are really in desperate need of urgent humanitarian help. Insurance risk is often taken by insurance companies, who then bear a pool of risks including market risk, credit risk, operational risk, interest rate risk, mortality risk, longevity risks, etc. This, in spite of the considerable unpopularity of the Lubavitcher rabbi — in Israel he is widely criticized because he refuses to come to the Holy Land even for a visit and keeps himself in New York for obscure messianic reasons, while in New York his anti-Black attitude is notorious. This is a bare-faced lie, as every speaker of Hebrew knows. For God is Most High, Great above you all. In particular, the Christological debates of the period consisted chiefly of a battle between exegetes of Scripture about philosophical terms adopted by Christian theology in the third and fourth centuries and about patristic texts making use of these terms. UIII-UIV age Girls are introduced to significant figures, works and musical movements in the history of music from 16th to the 20th century. The hypostatic union is precisely what permits one to consider God as performing humanly in the act of offering while remaining God by nature and therefore receiving the sacrifice. A divorce by a drunk person shall have no effect. This light-hearted work — first published in the USA inand reprinted in many editions, including several times as a Penguin paperback — is a kind of glossary of Yiddish words often used by Jews or even non-Jews in English-speaking countries. The decision of however did not close the Christological debate. Broad representation and expertise on each Code Development Committee ensures collaborative Code development. Family Law Law 10 of as amended by Law 15 of "Article Haylage undergoes a similar fermentation process as silage. However, blankets can lead to sores and heat stress. Centre principal Salina Binot said: Nearly people participated in these surveys and the results were used to facilitate the work of the CDC. Although this phenomenon of blind and stalinistic support for any evil, so long as it is 'Jewish', is particularly strong fromwhen the truth about the extermination of European Jewry became known, it is a mistake to suppose that it began only then. When the husband 5 met the wife at her parental home in May and Juneshe refused to accompany him, and therefore, refused to return to the matrimonial home. Since our determination is limited to the validity of 'talaq-e-biddat', within the framework of the Muslim 'personal law' - 'Shariat', we shall only make a reference to such 'verses' from the Quran, as would be relevant for our above determination. Gebhart which was later rolled into Brown v. The perspectives of post-modernism and romanticism are also used to inform contextual comparison as pupils refine their analytical prowess. One of Marx's early friends, Moses Hess, widely known and respected as one of the first socialists in Germany, subsequently revealed himself as an extreme Jewish racist, whose views about the 'pure Jewish race' published in were not unlike comparable bilge about the 'pure Aryan race'.Describe how laws and codes of practice promote pupil wellbeing and achievemen t Schools are like any other organisation and obliged to operate under current laws and legislation – most of these are linked to the well-being and achievements of. (1) Existing law requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, to, before the beginning of the –18 school year, adopt a policy on pupil suicide prevention, as specified, that specifically addresses the needs of high-risk groups. Risk is the possibility of losing something of value. Values (such as physical health, social status, emotional well-being, or financial wealth) can be gained or lost when taking risk resulting from a given action or inaction, foreseen or unforeseen (planned or not planned).Risk can also be defined as the intentional interaction with uncertainty. Search and browse our historical collection to find news, notices of births, marriages and deaths, sports, comics, and much more. Describe how laws and codes of practice promote pupil well-being and achievement. Codes of practice provide guidance and rules on ways of implementing legislation and good behaviour. It should promote positive samoilo15.com code should outline the schools expectations for pupil behaviour in the. I. University of the State of New York. Board of Regents and the Development of the samoilo15.com Regents of the University of the State of New York were created by statute May 1, An essay on the use of crane brintons theory the iranian revolution Femme fatale in english literature Beauty pageants harmful essay help Feasibility study on ice cream shop in the philippines An analysis of the main character in the novel uncle toms cabin by harriet beecher stowe Global promotional strategies essay Find a paper on sex determination in mammals Introduce myself essay for interview Dominos vs us pizza Vodafone australia core competencies Time broadband business plan Small wonder
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Glen Thickett – author site Joseph Sin Susan Skull Glen Thickett My stories are sci-fi fantasy mash-ups, where the heroes and heroines must face into complex time-travel paradox, questions about their own identity and rip-roaring battles. Written for people who like a bit of mystery, speculation and humour with their action and adventure. I have always loved speculative fiction for the open vistas and unusual problems the characters must face, whether it’s sci-fi, fantasy, or even some literary fiction. My favourite authors include J.G. Ballard for the investigation of his dystopian visions on his characters, and Frank Herbert, Tolkien, and Iain M Banks for their elaborate, thoughtful world-building and authentic characters. I’ve travelled half-way round the world to settle in Sydney. Joseph Sin must save his friend Susan Skull, and the galaxy, from a future tyrant whose reign of terror will last a thousand years. Joseph is not ready – he has a hangover, is recovering from a traumatic trip through time and space, is in an alien world, and in denial. In this battle for the galaxy the despot can call on the resources of his galactic empire, his clone army, and the benefit of hindsight. Joseph has only the support of amateurs dabbling in time-travel: an alchemist and a race of primitive giants. And who knows whose side the suspect, mercenary, time travelling Academy is on. Caught in a loop in time, Joseph is forever condemned to repeat his future unless he can break the present. On Kindle: Joseph Sin: Book One of Nemesis She’s seen a lot of changes, and has been working with Joseph Sin in their “are they, aren’t they” way for quite a while. She’s the second book of Nemesis. She’s got a lot to do – save the galaxy and all of time, deal with her alternate self, and keep everything together – for everyone. It’s hard to figure out the right thing to do when there is so much happening, and so much at stake. On Kindle: Susan Skull: Book Two of Nemesis Glen Thickett on Amazon Past the Shallows, Favel Parrett: 2020 #5 Geek Manifesto, Mark Henderson: 2020 #4 Reading 2019 – 2020 Terra Nullius, Claire Coleman: 2020 #3 The Diseconomics of Growth, H V Hodson: 2020 #2 52 Books in 2020
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Adventures in Imperfect Living >> ADV #045: Drawing a Line ADV #045: Drawing a Line As soon as we finished recording this episode, Jennifer started crying. In some ways, recording this episode reminded us of a podcast episode we recorded in January 2007 after making a huge, life-changing decision. In that episode we shared with you all the backstory that went into our decision for me (Greg) to leave my career in the IT Industry and go full-time working for the Catholic Church through the Rosary Army and SQPN apostolates. It was a terrifying decision to make, but once we made it and shared it with you, we had a great peace. For several months now (and possibly longer than that), we’ve been struggling with another decision we knew needed to be made. In this episode, we share that decision with you. Additionally, we talk about our Sam’s first experience seeing Lindsey Sterling at his very first concert, and Greg shares the three things he believes are necessary for success in any endeavor, whether it be work, faith, or family. Your Voice is Important to the Show – Feedback Number: 888-299-8686 Want to be a part of the show? Your voice makes the show fun for us to do! Call our feedback line and leave a message of two minutes or less at 888-299-8686 or send MP3 to [email protected] More From Greg and Jennifer Buy Greg’s New Book – “The New Evangelization and You: Be Not Afraid” (Available in Paper, eBook, or Audio) Buy Greg and Jennifer’s book, The Catholics Next Door: Adventures in Imperfect Living (Available in Paper, eBook, or Audio). Subscribe to the Show! Subscribe (and leave a review!) via iTunes Resources Mentioned in this Episode Like the music we use in the show? It’s all courtesy of Popple. Awesome band. Check them out and support them. http://traffic.libsyn.com/rosaryarmy/TCND_2014_06_01.mp3 Your Thoughts Are Killing You Parish Mission Accomplished dchristopher says: This was a very interesting podcast. I’ve refrained from following up on my previous note because I felt I had said everything that was on my heart to say. However, because it keeps coming up and seems to have caused quite a bit of frustration, I think I need to clarify my statement that I consider my donation to Rosary Army as my subscription to the show. Perhaps I said it wrong. What I meant was that, when I first started making a monthly donation, I saw the show as the front door or gateway to your Rosary Army apostolate. To me, and I think to a lot of people, the show has been an intrinsic part of the apostolate. You were putting out a lot of effort to get out the word and get us involved in your expanding ministry and my donation was my response. As great as the show is, if you weren’t making the rosaries and giving them away, I would not be giving the amount I do monthly. My wife has, on occasion, questioned me about our donation and my specific defense is that prisoners are getting rosaries because of the money we send. If I said I were spending that amount solely on a podcast, we’d be in couples counseling. It won’t offend me if you find ways of making money through premium content. I may even purchase some of it. But, I think you are definitely shifting your focus from your earlier days. Since I don’t face the challenges you are facing as acutely as you are facing them, I won’t offer any judgment on your new focus. I’m not sure what I would do myself in the same situation. You and your family are in my prayers. God bless. Greg Willits says: Christopher – I just now saw the comment you’d left on the website and wanted to drop you a quick note to let you know you did NOT cause frustration. AT ALL! If anything, you just helped bring even more to the surface something that has been growing progressively heavier and heavier on my heart. You are not the first person to make the earlier comment you did, so please don’t feel like we’re singling you out. It’s just your comment echoed the comments of many others over the years and it showed up in my inbox when I was already troubled over the way our lives have become so intricately connected to something that will never adequately support our family for the long term. Our focus is definitely shifting from what it was in the earlier days, but I think that’s natural considering the early days of Rosary Army were 11 years ago, and we’ve been podcasting for 9 of those years. We’ve added children to our family since then, gone through career shifts, and moved across the country. It’s necessary to shift our focus or our children (and quite frankly — us) will suffer in the very near future. BUT — having said that, Rosary Army and New Evangelizers is going just as strong as it always has been. Rosaries continue to flood in and go right back out. That apostolate has become a well-oiled machine, quite frankly, and the bulk of the work done is simply the financial stuff the IRS requires. That takes up a ridiculous amount of Jennifer’s time. I honestly believe this shift will be of greater benefit both to the apostolates as well as to our family. A year or two from now we may regret it, but we have to believe that after the years of prayer, and especially the prayer of the past eight or so months, that this is the path we’re at least supposed to attempt to take. Thanks for all your longtime support of Rosary Army and New Evangelizers. It is very much appreciated and will continue to be so in the future, no matter the avenue we take with our personal podcasting and new media efforts. <# if(ThriveComments.current_user.ID){#>href="https://gregandjennifer.com/wp-login.php?action=logout&_wpnonce=3087736c57"<#}#>><#= ThriveComments.util.render_label('logout_change') #>
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HOARD at The Dowse Hoard is a bookcase and library ladder salvaged from a used-book shop that closed its doors in 2015. The shelves are packed with gilded volumes, displayed with the gold edges facing outwards. It is a continuation of the series On Jewelleryness, which investigates the properties and power of jewellery. None of the works features physical jewellery forms; instead they… August 11, 2017 in Recent Posts, Sarah Read. May ’17: Job satisfaction One May Sunday, on my way home from a book sale in the Wairarapa, I called in at The Dowse. I wanted to quickly scope out the Blumhardt gallery, where our final Handshake 3 show – Reflect – will be staged in August: While I was photographing and measuring, one of the desk staff –… May 21, 2017 in Recent Posts, Sarah Read. Munich 1: Singing in a Dark Time For It Will All Come Out In The Wash, the Handshake 3/Dialogue Collective collaboration I teamed up with Wellington designer Greta Menzies. It’s March 2017 and we’ve 800 mm of precious Munich Jewellery Week air-space… What to send across the globe, in the face of all this crazy? Something hopeful; something for the artists. ‘In a… March 11, 2017 in Sarah Read, Uncatagorised. When all else fails… look to books Refugees Welcome, by VladyArt, September 2015 Kalamaria/Thessaloniki, Greece. A red carpet entry to Europe: plastic pipes, gold paint, red cloth, naval rope, wooden finials for curtain rods, paper plates. From mid-2016 we Handshakers worked with the London-based group Dialogue Collective to build a collaborative show for Munich Jewellery Week 2017. In a flurry of inter-hemispherical bonding we exchanged words and… February 25, 2017 in Recent Posts, Sarah Read. TOUCH and PAUSE at Platina For July’s Handshake show at Platina in Stockholm I collaborated with Kate Whitley, the photographer who shot the tabletop images for the Touch table. The show coincided with the Rio Olympics and Paralympics, and we wanted exhibition visitors to experience the elation and surge of well-being that occurs at That Podium Moment. We were inspired by a… Meanwhile, in a parallel universe… Besides making work for the programmed Handshake shows, we’re each tasked with developing our independent practice. 2016 was a busy year. Here’s a digest of the side projects that occupied me between March and December 2016. March – With Occupation: Artist – Golden Section Click here for details This lighthearted, ephemeral group project was pivotal… On Jewelleryness: TOUCH at Objectspace In the end, our collaborative piece came together just as planned, so here’s the description I wrote for Objectspace. On Jewelleryness: TOUCH We aim to demonstrate jewelleryness rather than explain it. Outside, we’ll gild the window frame: Inside by the window is a glossy black-topped table: At first look the table top is bare, but when warmed… September 11, 2016 in Recent Posts, Sarah Read.
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It’s Not the Size of the Dog in the Fight These words have never been truer, especially at this moment in time. Let me introduce you to my brother, Gabriel, or as some of us call him, Gabe. Gabe is my younger brother. 11 years age difference between he and I. Gabriel was born with a type of dwarfism known as Cartilage Hair Hypoplasia. From the time he came into the world, he’s been a fighter. He had no choice but to be, and he’s darn good at it. His journey with dwarfism and the bumps in the road he’s encountered in his 22 years is a story in itself, however, that is not what I am writing about tonight. Gabriel is currently in Critical Care ICU. Needless to say, it has been a rough weekend for Gabe, my mom, step-dad and family. Unfortunately, the road has just begun. Gabriel was first diagnosed with Influenza A last Tuesday, January 7th. By Wednesday, pneumonia was added to the list and he was admitted to the hospital for observation and care. By Thursday, he was doing better and was released. It is unbelievable how quickly an illness can take over ones body, because within hours of his release, Gabriel found himself back in the ER struggling for breath. BiPAP wasn’t working for him. He fought it tooth and nail. Fatigue and panic were setting in and the decision to intubate him was made. The combination of all of this landed him in the ambulance, Omaha bound. I arrived at the Med Center shortly after Gabriel on Friday afternoon. It was like a war zone with the Doctors, nurses, fellows, etc. The Doctor explained Gabriel’s condition in the most forward fashion I have encountered. Blunt. Frank. To the point. To me, the information was overwhelming but refreshing. To Dave, overwhelming but welcomed. To Mom, overwhelming and shocking. I can’t imagine a parent’s feeling of helplessness. It hurts to see my mom and step-dad so concerned and overwhelmed. But, they are maintaining. Together, they are strong. In basic terms, Gabriel is very very sick. The doctor likened his condition to a bomb having gone off in his lungs. But, he is also in very very good hands. Gabriel is on high oxygen support with the ventilator as he is unable to adequately breathe on his own. The Doctor explained on Saturday that he expects Gabriel to be intubated for multiple days due to the severity of his illness and the effect it has had on his lungs. At the time, Gabe was alert and understood what the doctor was saying. As of today, they have him heavily medicated and sedated as he was using too much oxygen while awake. Gabriel’s lungs are also too stiff from the fluid build-up, which makes it hard for him to inflate his lungs by himself. Doctors are pressurizing his lungs with nitrogen to assist him. This procedure poses a slight issue in that they are unable to follow normal formula’s due to Gabe’s unique size, but they are closely monitoring him. We also have to limit people in and out of the room in addition to keeping noise levels down. When noise levels are up and conversations are happening around him, his oxygen levels begin fluctuating. The doctor wants him still, not agitated and resting. Today, the doctor also said the healing process could take multiple weeks. Gabe is in for the long haul and he’s fighting. So, we wait. We think positive. We pray. Keep my brother in your thoughts and prayers. The outpouring of love that he and my parents have received already has been astounding. On behalf of my family, we thank you. Keep the prayers coming. Family Brother, Gabriel, Illness, Positive Thoughts, Prayers 13 Comments
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Yoon Ji Seon’s Embroidered Mixed-Media Self Portraits by Andy SmithPosted on July 17, 2018 Yoon Ji Seon‘s embroidered portraits blend fiber and photography. Much of work consists of self-portraits, with varying degrees of emotions, abstraction, and detail. Her “Rag Face” series goes back to 2006, when she started experimenting with these mixed-media pieces. The genesis of this approach itself, for her, goes back even further: “I wasn’t able to think that sewing my face could disturb people,” the artist says. “I used to get over boring classes by drawing scars on portraits from textbooks or making over their faces totally different. Sewing my face was not too far from what I used to do. To be honest, I was the one who was more shocked and more surprised by audience response when I first exhibited Rag face series. Only very few people felt pleasure like how I felt. … It was funny how artist felt about my work was not very different from how un-artist felt.” See more of her work below. One thought on “Yoon Ji Seon’s Embroidered Mixed-Media Self Portraits” Pingback: Yoon Ji Seon’s Embroidered Mixed-Media Self Portraits - Alphi Creative
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HattersTV: Watch streaming of commencement ceremony Gametime CT: Smith has dynamic first year on track team Arts & Clubs The Hatters' Herald Students and faculty wrap up first year in Freshman Academy Overall positive reviews for G building Nat Carnevalla, freshman science teacher, assists students in reviewing classwork before the school year comes to a close. Abigail Craig Abigail Craig, Staff Writer The new standalone Freshman Academy — known as G building — has earned an A in its first year of hosting 9th-graders and their faculty teams. Kris Davidson, academy principal, said he was pleased with the outcome. “I think this year went really well,” Davidson said. “We tried hard to have every freshman experience the new building at some capacity.” Pros from Davidson’s point of view is that “the school has a ton more space, the building is new, cleaner, and nicer. The science rooms are also really state of the art and the new gym is awesome.” With pros come cons, and Davidson recognizes that there are issues that need to be adapted to or resolved. Despite having more space, the G building was not big enough to accommodate all the freshmen teams and even Davidson, whose office remains on D4. The fact that he “is not over there in the building is tough,” Davidson said. “The walls look kind of bare, which is something that we will be working on by getting some murals up on the walls, some artwork to spruce it up a little bit, and we need some signage saying ‘G-building, this way’ or ‘D-building this way,’” Davidson said. Word had spread that there was a leak in the ceiling on G3 and when asking teachers within the building to identify issues the leak was a common topic. In regards to this leak, “The school has a flat roof and there is flashing. Therefore, if the flashing lifts up, then the water ultimately ends up getting underneath,” Davidson explains. However, Davidson reassures that the matter is currently being taken care of and both he and Principal Dan Donovan are well aware of the damage in need of repair. Teachers have taken the renovation responsibilities into their own hands by putting up a poster of a large sea turtle on the wall in attempts to cover the leak damage on G3. Freshman science teacher Jared Cowden shares that “There was some leaky water in the printer room but I think that is just new building things that are getting addressed. I don’t see any real cons to the building itself or how it’s designed.” Many of the team teachers are pleased overall. Cowden has been pleased with the new equipment saying “the mounted projectors are really nice and I like how the tables go up and town.” Cowden has also been pleased with the modern lighting features, and says that “the climate control is nice now that there’s air conditioning.” D4, where the academy used to be, is known for being a sweat box in the hotter months. However, Cowden adds, “I don’t know if we need to be trained better on how to control [the AC system] or if it’s controlled from a main system, but it kind of has a mind of its own.” Science teacher Nat Carnevalla said he likes working in the building. “I think it’s a nice building and the air conditioning is good. As we get into the summer months, it gets harder and harder for us to sit for an hour and forty minutes in hot classrooms.” Cowden said he is hoping something can be done about fixed seating arrangements in the science rooms because it makes pairing/group activities difficult to organize. Similarly, “not all rooms have chairs with wheels, but many of the rooms ended up having chairs with wheels and that’s really not good or safe for science labs,” the science teacher said. Krisanthia Panaelidis, English I teacher, said she is happy with the tight relationships that come with being in the new building. The G-building helps “the freshmen to have a sense of unity and belonging as they transition to high school,” Panaelidis says. As a member of Team 1, she adds that “we’re all neighbors, and the students as well as the other teachers on my team love [being so close together].” The one main concern for science teacher Meghan Bresson is not “so much a con of the building itself, it’s just more so there’s not enough space.” “I feel like we are separated from the rest of our department and some freshman teachers didn’t get to come to the g-building so we have two teams in each subject that are [separated between buildings],” Bresson shares. However, “the pro is definitely having one area where all of the freshman can be because it was separated [more in the previous years] and science was in a completely different building.” Therefore, “it’s nice to have a team in one area. I also think that it’s easier for the students to navigate,” says Bresson. Math teacher Amanda Peterson shares that she has been quite happy in the academy. “Beautiful new building,” she said. “I love the new technology and it’s nice to have a wall-mounted projector.” As for the students, freshmen seemed to be quite pleased with the way the building and classrooms have played out this year. For Team 2 freshman Abby Hamilton, being in the G building has gone well. The smaller environment has benefited Hamilton in making many new friends. She says that a great thing about the building is how students are able to “meet new people from other middle schools” and form new bonds. Freshman Greg Parker from Team 5 also speaks highly of the building, saying “I don’t really have any cons about this year in the building. The building was built extremely well judging from the classrooms I’ve been in and I’ve enjoyed being in the G wing.” On the con side of things, however, Hannah Kwarteng from Team 4 acknowledges the fact that it has been quite frustrating and “inconvenient that the bathrooms in the G building always seem to be locked.” Kwarteng also shares similar opinions with Cowden regarding the climate control saying, “The freshman building was always cold, even throughout winter,” and feels as though the AC and heating controls should be modified. G building Abigail Craig, Co Editor-In-Chief I am a Senior at Danbury High School and I have been writing for the Hatters' Herald for two years now. My family has always had a background in writing.... What is your favorite social media app? Snapchat (31%, 4 Votes) Twitter (31%, 4 Votes) TikTok (23%, 3 Votes) Instagram (8%, 1 Votes) Facebook (8%, 1 Votes) Danbury 2 - Mt. Pleasant (NY) 7 Danbury 47 - New Canaan 29 Danbury 58 - Staples 70 Top Songs of the Decade Arts and Clubs Review – Star Wars: The Rise of Skywalker concludes new “Skywalker” trilogy but divides fans DHS decade highlights (2010-2019) Hatter Highlights Daniella Grullon Pena named Hatters’ Herald Female Fall Athlete of the Year DHS counselors face student overload Hatters sign letters of intent to play football in college Hatters Winter Sports Preview Danbury High Teacher Erik Savoyski Shows His Dedication In and Out of the Classroom Five Athletes Sign National Letters of Intent Tyler Warren named Hatters Herald Male Fall Athlete of The Year Danbury High School 43 Clapboard Ridge Road Danbury, CT 06811 (203) 797-4800
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Haverford Athletics About Haverford Athletic Forms (staff use only) Overnight Waiver Transportation Waiver Video: Lives that Speak Guidelines: Academics and Athletics Student-Athlete Feedback Form On Campus Resources Career Services (CCPA) Academic Resources (OAR) Bi-Co Dietitian Sexual Misconduct Resources PE Requirement Fall PE Courses Winter I PE Courses Winter II PE Courses Spring PE Courses Friends of Haverford Athletics Usage of Funds Athletic Travel Athletic Fundraising Policy Team Brochure (PDF) Alumni Cross Country Course Season Outlook/Review NCAA Men's Cross Country 2019 Haverford College Men's Cross Country News Haverford Announces 2020 Hall of Achievement Inductees The inductees in the Class of 2020 are Andrew Lucine ’50, Robert “Bob” Swift ’68, Mike Racke ’81, Meredith Unger ’97, and J.B. Haglund ’02. Season Review: Men's Cross Country Makes 27th Straight Nationals Appearance Haverford first year Ryan Kredell was named Centennial Conference Rookie of the Year, marking the second straight season a Haverford runner has earned the award. Madden and McCalpin Selected to Philadelphia Inquirer Academic All-Area Team The 2019 season represents the third consecutive season in which men's cross country has had multiple honorees on the seven man squad. Haverford Ranked 39th in Initial Learfield IMG College Directors' Cup Standings The Fords earned a 27th place finish in men's cross country at the NCAA Championships while women's cross country and women's soccer (also earned points towards the year end standings with a top five finish at its regional championship. Haverford Represented by 83 Student-Athletes on Fall Academic Honor Roll Field hockey and men's soccer both led the conference in the number of student-athletes selected from their particular sport. Sam McCalpin Named Centennial Conference Scholar Athlete of the Year The honor goes to the junior or senior member of an All-Conference team with the highest cumulative grade point average. Men's Cross Country Finishes 27th at National Championship Ryan Kredell (pictured) delivered Haverford's best NCAA Championship showing by a first year since Karl Paranya '97 in 1993. Men's Cross Country Ready for NCAA Championship in Louisville Haverford will wrap up its season in a familiar spot, the NCAA Division III Championships. Men's Cross Country Earns At-Large Selection to NCAA Championship Haverford is a part of the NCAA Championship field for the 27th consecutive year. Men's Cross Country Finishes Third at Mideast Regional Championship The at-large announcements for the NCAA Championships will be made on Sunday at 1 p.m. via an NCAA.com press release. Men's Cross Country Hopes to Earn Automatic Bid to NCAA Championship on Saturday The Fords will be looking to clinch a return to the national championship for a 27th consecutive season. Men's Cross Country No. 22 in Post-Conferences National Poll Haverford also maintains its third spot in the Mideast Regional ranking, behind just national No. 4 Carnegie Mellon and No. 6 Johns Hopkins. Haverford Student-Athletes Volunteeer at 2019 Special Olympics Fall Festival Organized by Eighth Dimension, Haverford's Office of Community Service, and promoted by the Student-Athlete Advisory Committee (SAAC), this festival is another example of the Haverford athletic department supporting the NCAA Division III Special Olympics initiative. Men's Cross Country Finishes Second at CC Championships First year Ryan Kredell (pictured) paced the Fords with a ninth-place finish, and was named the conference's Rookie of the Year. Men's Cross Country Seeks Sixth Consecutive Centennial Title Saturday Haverford has won 23 of the total 26 Centennial Conference crowns all-time. Hunter Paces Men's Cross Country at Haverford Invitational The junior was the top Haverford finisher, crossing in 11th place overall in a time of 21:04.9, a new career best in the 4-mile distance. Men's Cross Country Checks In at No. 23 In Final Regular Season Poll Release The Fords are also ranked third in the Mideast Regional rankings, ahead of Dickinson, Elizabethtown, York (Pa.), Widener, Stevenson, Swarthmore, and Moravian. Men's Cross Country Takes Fourth at Rowan Inter-Regional Border Battle The No. 25 Fords placed behind three top-10 teams nationally, but defeated No. 22 Dickinson and No. 32 NYU during a strong showing on Saturday. Men's Cross Country Ranked 25th Ahead of Rowan Inter-Regional Border Battle No. 5 SUNY Geneseo, No. 7 Carnegie Mellon, No. 8 Johns Hopkins, No. 22 Dickinson and No. 32 NYU will all be competing against the Fords Saturday. Men's Cross Country At No. 25 in Latest USTFCCCA Poll Haverford is fourth in the Mideast Regional ranking after an eighth place overall showing in a stacked field at the Paul Short Run Brown Race on Saturday afternoon. Men's Cross Country Finishes Eighth in Paul Short Run Brown Race Haverford eclipsed a bevy of Division I squads in the process, including regionally ranked sides from George Washington and Bucknell. Men's Cross Country Third in Mideast Region, 21st in Nation Ahead of Paul Short Run Haverford will compete in the men's 8K Brown Race, which has its starting gun slated for 12:15 p.m. Men's Cross Country Wins Dan Talbot Open Junior Jack Hunter (pictured) took the individual title, crossing the finish in 28:53. Men's Cross Country 20th in Latest USTFCCCA National Poll Haverford checks in at third in the latest release of the Mideast Regional Ranking. Men's Cross Country Registers Strong Showing at Main Line Invitational The Fords posted a bevy of top times, with senior co-captain Sam McCalpin finishing ninth overall (20:23.4) to lead the pack. Men's Cross Country Tabbed No. 18 in Latest USTFCCCA Poll The top five in the regional rankings remain unchanged from the preseason, as the Fords check in at No. 3 in the Mideast Region. Men's Cross Country Tunes Up with Alumni Open Race The first varsity finisher was first year Ryan Kredell, who finished in 15:06. Senior Sam McCalpin (pictured) was third overall in 15:09. Season Preview: Men's Cross Country Again Poised For Nationals Success With one of the largest rosters in program history, depth is certain to be a key on the road to Louisville in 2019. Men's Cross Country Opens at No. 16 in USTFCCCA Preseason Poll In addition to the national ranking, the Fords are the third-ranked squad in the Mideast Regional rankings. Men's Cross Country Predicted for Sixth Straight Conference Title Haverford received 62 total votes to top the rankings, including six of eight possible first place votes. HAverford College Athletics 370 Lancaster Avenue • Haverford, PA 19041 • Phone: 610-896-1117 • Fax: 610-896-4220 Sat, 11/23 | Men's Cross Country NCAA Championship 27th/32 RC | R Sat, 11/16 | Men's Cross Country NCAA Mideast Regional 3rd/51 RC | R Sat, 11/02 | Men's Cross Country Centennial Conference Championship 2nd/9 RC | R Fri, 10/25 | Men's Cross Country Haverford Invitational 2nd/2 RC | R Sat, 10/19 | Men's Cross Country Rowan Inter-Regional Border Battle 4th/29 RC | R
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Drake, Macklemore & Ryan Lewis, Rita Ora & Chris Brown Reach Top 15 at Rhythmic Drake [NBC] by Brian Cantor Sep 13, 2015, 6:15 pm Drake’s “Hotline Bling” is the highest-charting of three additions to the Top 15 at rhythmic radio. Spun ~2,451 times during the September 6-12 tracking week (+1,025), “Hotline Bling” rockets nine places to a new peak of #12 on the Mediabase rhythmic airplay chart. Its week-over-week spin gain of 1,025 was the greatest for a rhythmic song this week. Macklemore & Ryan Lewis’ “Downtown” also soars into the Top 15. Up eight places, it grabs #14 on the strength of its ~2,283 weekly plays (+884). It ranks as the week’s second-greatest airplay gainer. Rita Ora’s “Body On Me (featuring Chris Brown)” earns the last available Top 15 slot. The iHeartRadio “On the Verge” song rises three places to #15 this week. It received ~2,239 weekly spins (+503). body on meChris BrowndowntownDrakehotline blingmacklemorerita oraryan lewis Written by Brian Cantor Brian Cantor is the editor-in-chief for Headline Planet. He has been a leading reporter in the music, movie, television and sporting spaces since 2002. Brian's reporting has been cited by major websites like BuzzFeed, Billboard, the New Yorker and The Fader -- and shared by celebrities like Taylor Swift, Justin Bieber and Nicki Minaj. Contact Brian at brian.cantor[at]headlineplanet.com. Drake’s “Hotline Bling” Takes #1 at Rhythmic Radio; Macklemore & Ryan Lewis Go Top 5 Macklemore & Ryan Lewis’ “Downtown” Enters Top 10 at Pop Radio; Drake Goes Top 15 Macklemore & Ryan Lewis’ “Downtown” Repeats as Rhythmic’s Most-Added Song Macklemore & Ryan Lewis’ “Downtown” Ranks as Rhythmic Radio’s Most-Added Song More From: Music News Jonas Brothers’ “What A Man Gotta Do” Closed Day One With Over 1600 Pop Radio Spins, Nearly 400 Hot AC Plays Eminem, Mac Miller Claim 15 of Top 20 Spots On US Spotify Streaming Chart Rita Ora Looks Fantastic, Teases Return To Studio In Sexy New Instagram Picture The Weeknd’s “The Hills” Stays #1 at Rhythmic Radio; Jeremih & J. Cole Fly Into Top 10 Ed Sheeran’s “Photograph” Holds #1 at Hot AC Radio, Andrew McMahon Goes Top 10
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Succession Up Balane Wallaze Orcullo Ebdao By Atty Balane speichernSuccession Up Balane für später speichern Ask Again, Yes: A Novel A Stolen Life: A Memoir Mindhunter: Inside the FBI's Elite Serial Crime Unit Uninvited: Living Loved When You Feel Less Than, Left Out, and Lonely Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice Notes And Cases On SUCCESSION Based on Lectures given by: Prof. Ruben Balane and Prof. Araceli Baviera Compiled and Edited by Rodell A. Molina UP Law Batch 1996 This work is a compilation of Prof. Ruben Balane's lectures in succession, by his students both in the UP College of Law and in the Ateneo Law School. Lectures of Prof. Baviera in Civil Law Review (Succession) have also been included in this Special thanks to Louella Ira for lending me her magic notes on Succession as compiled by students of the Ateneo Law School, to Lianne Tan for lending me her diskette in Succession containing the lectures of Prof. Baviera and to the late Eduardo Balangue for lending me his magic notes on Succession as compiled by students of the UP College of Law. This work is dedicated to Class A, UP Law Batch 1996, to which I belong. -- RAM Concept.-- Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership. Requisites of Succession: (1) Death of the predecessor; (2) Existence and capacity of the successor; (3) Provision of the law or provision of a will granting the right of succession; (4) Acceptance by the successor. Q: Is tradition (delivery) required for ownership to transfer? A: No. Ownership is transferred by succession, not by any other mode. Etymology.-- Succession is derived from 2 Latin words: sub, meaning under (e.g., an underling, a subordinate, if a plane travels at a subsonic speed or fly below opposite-- subsonic) and cedere, meaning to give, to pass. Succession, therefore, is a passing under. It gives the idea of the nature of succession as originated from Roman Law. Why do the Romans call it a passing under? Bec. of the fiction in Roman Law that a personality occupies a space, that is, a legal personality is permanent. A Compiled and Edited by RAM permanent fixture but the occupant will go away. And it is the successor who will occupy the space you left vacant. There is always what you call personalitas. "Sound through" like a play, where you wear a mask, and the one behind the curtain is sounding through. that is, somebody is really talking behind you. This, by analogy is, succession. Persona means "you," the character. Personalita or personality w/c is always there, and there is or there will always be an occupant, who comes and goes; it may change the character, the person passes under. What is behind all this? Personality never dies. We are but dust and shadows based on the reality of death. Why do we have to devise this fiction? Why the law on succession? The Law on succession has various underpinnings in Roman Law, that is, first, the vague idea of after life, like the ideas of Horace -- state of good in the Elipian fields; second, that the law develops based on conditions of society. One of the most basic desire of man is the desire for immortality. How, When, To Whom, In What proportion are they transmitted -- Succession. BASIS OF THE LAW ON SUCCESSION: 1. Succession provides the vehicle for satisfying your yearning and longing for immortality. It satisfies or consoles yourself that something in you lives forever and this is your personality. Others usually leave something like paintings, book of poems, statue so that they will be remembered forever, e.g., Horace by Shakespeare. 2. Concept of pater familias. Diligence of pater familias. Pater familias means head of the family. The basic unit of Roman society. It is he who managed and exercised authority over his children, absolute control over his wife. In Roman law, a man's wife is his child. It is he who is the guardian of the family gods. It is a position that must be occupied every time. It is unthinkable to be otherwise. Once he dies, it is absolutely necessary not only in religion that he is to be replaced immediately. This is indispensable. These underpinnings are gone now. Today, succession is nothing but a mode of acquiring ownership. Why? Because you do not have the fiction to have succession, bec. of the spread of Christianity w/c took the place of those yearnings that it is believing in God and life after death. No more yearnings for immortality, unless you do not believe in the teachings of Christianity. Also, the concept of pater familias is no longer applicable bec. of parental authority w/c restricted the authority of the head of the family. We no longer have slaves, absolute control over children, etc. But old beliefs do not die easily. Some provisions of the law on succession are influenced by these underpinnings. Like, "heirs are the continuation of the personality of the decedent." Another is: when a condition is imposed upon the substitute, does the substitute have to fulfill the condition? All of these are residual elements of Roman Law. Definition of Succession.-- Succession in a juridical sense is the substitution of one person for another in a determinable relationship or a subrogation of one person by another in a juridical situation. (Manresa.) Succession is the substitution of a person to the determinable legal relationship of another. (Castan.) Castan's definition is better. (Balane.) PHILIPPINE LAW ON SUCCESSION (Based on the lecture given by JBL Reyes.) Every person during his lifetime is at the center of a number of juridical relation flowing from personality. Some of these legal relations are permanent, some are transitory. Some of these relations are: paternity and filiation, marriage and maternity, membership of the bar, student of UP, etc., w/c other persons do not have. There are transitory relations, and examples of these are one when bought a bottle of Coke; lease of an apartment unit; a mortgage; a contract of partnership; when one rides a bus, etc. When a person dies, personality is extinguished. Some of these juridical relations will die w/ you-- intuitu personae-- SSS, GSIS-- if they die w/ you, no problem. but some of them survive, e.g., land, say a thousand hectares. If it is only a ball pen left by the decedent, it is not a big problem. But what if the decedent left a big tract of land, or there is a contract of sale w/c transfers ownership bet. the decedent and third parties. You have to set a devise. You can not leave them hanging in the air. You have to devise a set of rules to determine the how, when, to whom, to what extent these rights will be transmitted. The law w/c governs them is succession. And that is all on succession, everything is footnotes. DIFFERENT KINDS OF SUCCESSION A. By the moment of transmission: 1. mortis causa-- takes place by virtue of death 2. inter vivos-- takes place independently of death during the lifetime of the parties (now called Donation inter vivos.) B. Extent of rights involved: 1. Universal-- this is very catchy- it involves the entire estate or fractional or aliquot or undivided part of the estate, e.g., I give you 1/2 of my estate. 2. Particular/ partial.-- succession to specific items a. legacy-- specific personal prop., e.g., I give you my car b. devise-- specific real prop., e.g., I give to G my fishpond in Laguna. C. As to cause: 1. Compulsory.-- that effected by operation of law to forced heirs even if not in a will; succession to the reserved portion/ legitime 2. Testamentary.-- by will 3. Intestate or legal.-- succession in default of a will; subordinate to testamentary 4. Mixed.-- combination of the above. 5. Contractual.-- E.g., donation propter nuptias by one to another of future prop. w/c takes effect after death. Why contractual? Bec. of the transfer of prop. is not by virtue of a will but by contract. So it is governed by the law on contracts. Hence, it must be governed by the Statute of Frauds. It must be in writing to be enforceable. D. As to parties to succession: 1. Decedent, transferor, causante, acutor, de cuius 2. Successor, transferee, causa habiente E. As to terms: 1. Testator.-- decedent left a will 2. Intestate.-- decedent did not leave a will 3. Heir.-- one who succeeds by universal title or to a share of the estate 4. Devisee.-- one who succeeds by particular title to real prop. 5. Legatee.-- one who succeeds to a specific personal prop. Elements of Succession (Manresa.): 1. Change of subject (cambio de suheto.)-- ownership is transferred from deceased to heir (subjective change.) 2. Identity of Object (identidad de objecto)-- same prop. is involved, only the owner is changed. The right is the same (objective identity.) Important Principles of Succession (which permeates the entirety of Succession): 1. Mortis Causa.--Succession can not take place while the owner is alive. The heir/ successor has a mere expectancy right to the prop. of the decedent, during the lifetime of the 2. Interest of the family may override the will of the decedent bec. of compulsory heirs. There is a legitime reserved for the family. A will cannot impair the legitime. 3. The estate passes or devolves to the family unless the decedent expressly orders otherwise in a will. Family covers spouse, ascendants, descendants, and collateral relatives. 4. The family can not be entirely deprived of the estate bec. of the system of legitime. 5. Within the family, heirs of equal degree/ proximity inherit in equal shares. Presumption of equality. This is only the general rule. There are exceptions. 6. The State has a share in the inheritance through taxes. 7. The heirs are not liable for the debts of the estate beyond their share in the inheritance. Estate is liable for the debts left by the decedent. Debts are to be deducted before the heirs can get their shares. Procedure: Collect all assets, deduct debts, then partition the shares. Up to what extent? Up to all its assets. If the estate is zero balance, the heirs get nothing. Under the modern civil law, if the decedent left more debts than assets, it will not change or affect your status anyway, but not w/ the decedent's creditors-- they have to beware-- caveat creditor. Basis of the Law on Succession.-- Some say it is the law on property w/c seems to be the basic attitude of the Code. Others say succession is a law on persons bec. of the compulsory heirs. How can you explain that? Is there some link bet. the law on succession and property? There is. Castan said that law on succession is both law on persons and property. However, in a pure testamentary succession, the law on persons do not come to play. Say, a will giving UP a property. This is more on the law of property. This is the ecclectic theory of Castan. Major Changes in the New Civil Code on Succession: 1. Allowance of holographic wills (Art. 810.) It gives greater freedom to the decedent to choose in what form he can dispose by will his estate. Holographic will is not a novelty but a revival. This was allowed in the Spanish times but was abrogated during the American regime. It was only restored under the NCC. 2. Improvement in the successional position of the surviving spouse. Under the OCC, the surviving spouse had a right of usufruct only. Under the NCC, the surviving spouse is given full ownership and is a compulsory heir. The share is variable that it is so bewildering. 3. Abolition of the right of mejora or betterment (the right of the parent to give a child more than the other.) This is basically a portion of the legitime, 1/3. Freedom is given to the testator as to who among his children he will give the 1/3. This system was never utilized bec. it was never understood by the people. 4. Abolition of the reservas and reversiones. The NCC restored reserva troncal, reversion adoptiva (under PD 603.) 5. Granting successional rights to/ for spurious children-- illegitimate other than natural. This is one of the revolutionary changes in the NCC. Under the OCC only legitimate children have successional rights. NCC liberalized it by granting successional rights to spurious children. 6. Greater facility in the probate of wills. Why? Bec. of the allowance of ante mortem probate, that is, during the lifetime of the testator. Now, probate may be post-mortem or ante mortem. 7. The application of the prohibition outlined in Art. 739 to succession. this is by virtue of Art. 1038. Art. 739 provides that: Article 739. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office. In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. 8. Increase of the free portion-- corollary to the abolition of the mejora 9. Limitation of the fideicommisary substitution to one degree (before, two degrees) 10. Intestate succession is narrowed from sixth degree to fifth degree. 11. Abolition of the institution under pupilar and ejemplar (substitution.) 12. Allowance of lifetime probate. Areas in Succession Affected by the American Code: 1. Rules in interpretation.-- Arts. 788-792 2. Rules on formal requirements of a will.-- Arts. 804-809 3. Rules governing witnesses to wills.-- Arts. 820-824 4. Rules on republication and revival of wills.-- Arts. 835-836 5. Rules on revocation.-- Arts. 829-831 6. Rules on allowance and disallowance of wills.-- Arts. 838-839 7. Rules on Testamentary capacity. Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person are transmitted through his death to another or others either by his will or by operation of law. Balane: 1. Succession is a mode of acquisition.-- Property, rights, and obligations are transmitted; those w/c are not extinguished by death of the decedent is inheritance. Succession is but a process of transmission. Succession is a mode of acquisition of inheritance transmitted to the heirs upon the death of the decedent through a will or by operation of law. 2. Two elements of Succession.-- (1) identity of objects; (2) change of subjects. 3. Rule.-- The estate of the decedent pays for the obligations of the decedent. What is left is given to the heirs. 4. Connect Art. 774 w/ Art. 776, supra. For money debts: If not paid in settlement proceedings, heirs could be liable to the extent of what they received For obligations: E.g., lessee-lessor-- obligation to keep the lessee in the peaceful possession is transmitted to the heirs. 5. Property and Rights- Passed on to the decedent's successors 6. Obligations: a. Monetary.-- General rule: The estate pays for them before the estate is partitioned Exception: Alvarez case. Predecessor fraudulently disposed of the prop. during litigation. SC held that heirs cannot escape liability for their father's transactions w/c gave way to this claim for damages. Even though they did not inherit the prop., the monetary equivalent thereof was devolved into the mass of the estate w/c the heirs inherited. Hereditary estates are always liable in their totality for the payments of the debts of the estate. Whatever payment made by the estate is ultimately a payment by the heirs bec. these payments decrease their inheritance. b. Non-monetary.-- Transmitted to the heirs. Art. 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is called the testator. Balane: Every testator is a decedent but not all decedents are testators. Under the American system, a decedent who did not leave a will is called "intestate." But this is not true in the Phils. Art. 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. Balane: Transmissible property, rights and obligations constitute inheritance. Guidelines on whether rights/ obligations are extinguished by death: 1. Property, rights and obligations which are purely personal are extinguished by the death of the decedent. They are not part of the inheritance, e.g., membership in the bar or right of consortium w/ your wife. 2. Those w/c are purely patrimonial. General rule: They form part of the inheritance, e.g., credits. Exception: Money debts.-- obligation to pay is not transmissible, although purely patrimonial bec. the estate pays for it. 3. Those obligations transmitted to the heirs w/c are not monetary, e.g., obligation of a lessor-- patrimonial. B leased to C a parcel of land for a term of 3 years. After 2 years, B died. The heirs of B are bound by the lease contract. Obligation as lessee and bailee are transmissible. Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent. Balane: 1. This article literally means that the "decedent has the right to the succession which is transmitted upon his death." This is illogical bec. the decedent does not have rights to the succession. To improve the provision, change the words "succession" to "inheritance" (the right to succeed is an inchoate right) and the verb "transmitted" to "become vested." 2. Four Elements of Succession: 2. Will or Operation of law 3. Existence and capacity of the successor 4. Acceptance. 3. This provision is the heart and soul of succession. The most essential provision of the law on succession. 4. Rights to succession vest at the moment of death, not transmitted. The right should be made effective from the moment of death. This is so bec. the rights to succession before death are mere inchoate. But from the moment of death, those inchoate rights become absolute. Rights to succession are vested from the moment of death, not upon the filing of petition for testate/ intestate proceedings, not upon the declaration of heirship or upon settlement of the The rights to succession are automatic. Tradition or delivery is not needed. Fiction of the law is that from the moment of the death of the decedent, the right passes to the heirs. During the lifetime of the predecessor, rights to succession are a mere expectancy. Hence, no contract can be legally entered into regarding the expected inheritance. When a heir receives his inheritance, he is deemed to have received it at the point of death. this is so by legal fiction to avoid confusion. 5. CASES: Uson v. Del Rosario.-- Upon the death of the husband before the NCC, the rights of the wife to the inheritance were vested. So the rights of the illegitimate children under the NCC to inherit can not prejudice the vested rights of the wife. We have to apply the OCC bec. at the time of his death, it is the OCC w/c governed the law on succession. For the determination of successional rights, the law at the point of death should be the one applied. Borja v. Borja.-- The right to inherit is vested at the moment of death. Even if she did not know how much she was going to inherit, she could still dispose of her share in the inheritance. Said right to the share was hers from the moment of death and she could do whatever she wanted w/ her share, even sell it. Bonilla v. Barcena.-- You do not need a declaration of heirship whether testate or intestate, voluntary, etc. The rights of the heirs to the prop. vest in them even before judicial declaration of their being heirs in the testate proceedings. An action to quiet title is not extinguished by the death of the decedent, it being a patrimonial right. Hence, the heirs have the right to be substituted to the action even before their having declared as heirs. Jimenez v. Fernandez.-- Carlos died in 1936, before the effectivity of the NCC. As such, his illegitimate child cannot inherit from him. As such, title to the land belongs to the cousin who inherited the land w/ Carlos. Art. 778. Succession may be: (1) Testamentary; (2) Legal or Intestate; or (3) Mixed. Balane: 1. Testamentary (Art. 779.)-- designation of an heir in a will 2. Legal or Intestate .-- w/o a will or the will is invalid 3. Mixed (Art. 780.)-- partly by will and partly by operation of law 4. Compulsory.-- Succession to the legitime by a forced heir. Art. 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law. Balane: Heir includes devisees and legatees. Art. 780. Mixed succession is that effected partly by will and partly by operation of Art. 781. The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession. Balane: It is better to scrap Art. 781. It has no significance. Even w/o it, those w/c accrue after death will still belong to the heirs. E.g., A has a son, X. A dies in 1988. Inheritance is a mango plantation. In 1990, there is a crop. Is it part of the inheritance? 1. According to Art. 781, yes. This is inconsistent w/ Art 777 bec. succession occurs at the moment of death. Art. 781 implies a second succession. 2. Legal concept.-- No. X owns it through accession and not succession. Fruits are no longer part of the inheritance. It belongs to the heir bec. of ownership of the land he received at the moment of death. (Art. 777.) Those w/c have accrued thereto after death do not comprise the inheritance but they accrue by virtue of ownership (accretion.) Art. 782. An heir is a person called to the succession either by the provision of a will or by operation of law. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. Balane: The definitions given in this article are not good. The definitions contained in the Spanish Civil Code were better. An heir succeeds by universal title. Devisee or legatee succeeds by particular title. According to Castan, an heir is one who succeeds to the whole (universal) or aliquot part of the estate. Devisee or legatee is one who succeeds to definite, specific, and individualized E.g., I bequeathed 1/2 of my fishpond in Pampanga to A. Is the successor an heir, legatee or devisee? A devisee, the prop. being a specific real prop. Q: Is it important to distinguish bet. heir devisee and legatee? A: Before, yes. The heir inherited even debts of the decedent, even if it exceed the value of the property. Devisees or legatees were liable for debts of the decedent only up to the extent of the value of the prop. Now, No. Except in one instance, in case of preterition in Art. 854. If read carefully, institution of heir is annulled while devise and legacy are not, so long as there is no impairment of the legitime. Art. 782 is not a working definition.-- Someone who is a devisee (succeeded by a particular title) can fit into the definition of an heir (succeeds to a fractional/ aliquot/ undivided part of the estate.) and vice versa. TESTAMENTARY SUCCESSION Subsection 1 WILLS IN GENERAL Art. 783. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. Balane: Definition of will: 1. "Person."-- refers only to natural persons. 2. "Permitted to control to a certain degree."-- why certain degree? Bec. compulsory heirs cannot be deprived of their legitimes. If there are no compulsory heirs, the power of the decedent to dispose of his estate is absolute. If there are compulsory heirs, he only has a limited degree to dispose. That is why the will can only cover the disposable portion of the estate (free portion.) 3. Comment: . a. An "act."-- is too general; better "document" bec. a will must be in writing b. "After"-- better "upon." Characteristics of Wills: 1. Purely personal act. (Arts. 784-787.)-- non-delegable; personal participation of the testator is required. 2. Free act.-- it means w/o fraud, violence, deceit, duress, or intimidation. It is voluntary. No vitiated consent. 3. Dispositive of property.-- If it does not, it will be useless. But as far as the law is concerned, it can be probated but a useless expense. It is only valid as to form and nothing else. a. when a will recognizes an illegitimate child b. when a will disinherits a compulsory heir c. when it appoints an executor 4. Essentially revocable.-- ambulatory, it is not fixed, can be taken back (while the testator is alive.) There is no such thing as an irrevocable will. It only becomes irrevocable upon death of the testator. 5. Formally executed.-- If the form is defective, it is void. It can not be cured. 6. Testamentary capacity of the testator. 7. Unilateral act.-- does not involve an exchange of values or depend on simultaneous offer and acceptance. 8. Mortis causa.-- takes effect upon the person's death (Art. 777.) 9. Statutory grant.-- granted only by civil law. The law can also take it away. It is not a constitutional right but merely statutory. In Russia, there are no wills, all intestacy 10. Animus Testandi.-- There must be an intent to dispose mortis causa the property of the testator. There must be a real intent to make a will or a disposition to take effect upon death. Said intent must appear from the words of the will. Montinola v. CA, 3 CA Reports 377.-- The Republic contended that the phrase "I hereby leave you (motherland), parents, loved ones... " is a testamentary disposition in favor of the Republic as an heir. CA ruled that it was not. The phrase is a mere piece of poetry, there being no animus testandi. The lack of such intent might be seen from the face of the document itself. 11. Individual.-- One person alone. Joint wills are prohibited under Art. 818. Vitug v. CA.-- A couple executed a survivorship agreement wherein their joint bank account would become the sole property of the surviving spouse should one of them die. The SC held that such agreement is valid. The conveyance is not a will bec. in a will, a person disposes of his prop. In this case, the bank account is part of the conjugal funds. Neither is the agreement a donation inter vivos bec. it takes effect after death. Art. 784. The making of a will is a strictly personal act; it cannot be left in whole or in part to the discretion of a third person, or accomplished through the instrumentality of an agent of an attorney. Balane: The making of a will is a purely personal act. It is an exercise of the disposing power w/c can not be delegated. But the physical act of making a notarial will can be delegated to the secretary but not the execution or making of holographic wills. E.g., A dictated The Secretary wrote it down and typed. Is the will valid? Yes. What cannot be left in whole or in part to a third person is the exercise of the will making power, the exercise of the disposing or testamentary power. The mechanical act can be delegated. Art. 785. The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when referred to by name, cannot be left to the discretion of a third person Balane: This provision clarifies Art. 784 on will-making power. Things Which Cannot be Delegated to a Third Person by the Testator: 1. Designation of heir, legatee or devisee, e.g., I hereby appoint X as my executor and it is in his discretion to distribute my estate to whomever he wants to give it. This can not be done. 2. Duration or efficacy of such disposition like, "Bahala ka na, Ruben." 3. Determination of the portion to w/c they are to succeed, when referred to by name. Art. 786. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums of money are to be given or applied. Balane: Art. 786 is an exception to Arts 784 and 785. It covers things that are part of the essence of will making but allowed to be delegated. Examples of Prohibited Delegation: 1. Can not delegate the designation of the amount of prop., e.g., I hereby set aside the sum _____ w/c my executor may determine for the cause of mental health. The amount is not specified. 2. Can not delegate the determination of causes or classes to w/c a certain amount is to be given, e.g., I hereby set aside P1M for such worthy causes as you may determine. This is not valid bec. the cause is not specific. By way of exception, there are 2 things w/c can be delegated. The testator must specify-- (a) the amount of property; (2) the cause of classes of property-- before the delegation can take effect. 1. The designation of person or institution falling under the class specified by the testator. Choosing the members of the class but is restricted by the class designation, e.g., I hereby set aside the sum of P1M for the development of AIDS research. M will choose w/c institution. This is allowed bec. you have guided already M's decision. However, M cannot designate Manila Hotel. 2. The manner of distribution or power of apportioning the amount of money previously set aside or prop. specified by the testator, e.g., I designate the following hospitals to get the share in my estate and appoint M to apportion the amount of P10M. I set aside P250,000 for the following institutions: UP, PGH, SR, in an amount as my executor may determine. The above mentioned are exceptions to the rule that the making of a will are non-delegable. Art. 787. The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. Balane: This provision clarifies what is meant that "a will is personal." This is in effect delegating the discretion to the disposition of the will. Articles 788- 792. Interpretation of Wills/ Rules of Construction. Art. 788. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. Balane: Art. 789 is the rule on interpretation in order that the will may be valid and not perish. Rationale: The State prefers testate to intestate. Why? Bec. testamentary disposition is the express will of the decedent. Intestamentary is the presumed will of the decedent. This is mere speculation on what the decedent wanted. Ut res mages valet quam pereat.-- that the thing be valid than perish. E.g., The word "chick" can have 2 interpretations: (1) a girl in w/c case inoperative bec. not w/in the commerce of man and (2) sisiw.-- operative. Interpret according to the second. Art. 789. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. 1. Kinds of Ambiguity: a. Patent, apparent.-- that w/c appears in the face of the will, e.g., "I give 1/2 of my estate to one of my brothers." Who among the brothers? This is patently ambiguous. b. Latent, hidden.-- perfectly unclear on its face. The ambiguity does not appear until you apply the provisions of the will, e.g., "I give to M the prop. intersecting Buendia and P. de Roxas. The ambiguity is determined only when the will is probated. That is, when it appears that I am the owner of all the 4 corners of the lot. Now, w/c of those lots? 2. Rule: Clarify ambiguity and be guided by these: Testacy should be preferred or upheld as far as practicable. Any doubt shall be resolved in favor of testacy. Q: How will you resolve the ambiguity? What evidence do you admit? A: You can admit any kind of evidence as long as relevant and admissible according to the Rules of Court. This includes written declarations. Except: Oral declarations of the testator. Why? Bec. they cannot be questioned by the deceased. Also, bec. they are easy to fabricate. If inspite of evidence you still cannot cure ambiguity, then annul the will. If the ambiguity is patent, disregard the will. If latent, look into the evidences allowed by Art. 790. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be gathered, and that other can be ascertained. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense. Art. 792. The invalidity of one of several dispositions contained in a will does not result in the invalidity of the other dispositions, unless it is to be presumed that the testator would not have made such other dispositions if the first invalid disposition had not been Balane: General rule: Severability. A flaw does not affect the other provisions. Exception: If it was meant that they were to be operative together as seen in the will. Art. 793. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will, should it expressly appear by the will that such was his intention. Balane: This is a new provision. It is better if this was not placed here. Why? Bec. prop. acquired after the making of the will will not pass unless there is a clear intention or express provisions that the prop. will be passed by the testator. E.g., I give as legacy to M my cars. I only had 2 cars when I executed the will. After w/c I acquired 15 more cars. When I die, how many cars will she get? Following Art. 793, she will get only 2 cars. The additional cars are not General rule: After acquired property shall not pass. Exception: If the will provides otherwise. If he said "all my cars when I die, " then M gets all 17 cars. COMMENT: This is crazy. Art. 793 is inconsistent w/ Art. 777. At the time of the death, the succession will open. As such, all cars should be given. But the law should be applied as it is. No matter how inconsistent it is as pointed out by Tolentino. For as lawyers, you should advise your clients to be clear or clarify everything to avoid this ambiguity. Tell your clients to specify "as of the time of my death." The solution to this inconsistency bet. the 2 articles is to repeal Art. 793. Art. 794. Every devise or legacy shall convey all the interest which the testator could devise or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. Balane: General rule: Legacy or devise will pass exactly the interest of the testator over the Exception: Unless it appears from the will that he is giving less. E.g., say you own a parcel of land. Only the ownership of the land can be given. If the testator is a usufructuary, he can only bequeath his rights as usufructuary, nothing more, nothing Can you give bigger? Yes. Art. 929 says so. Only good if the other co-owner is willing to sell. Q: B, G and J are co-owners. B gave to A the land they owned in common, that is the entire land and full ownership over it giving more than what he owns. Is this allowed? A: Yes. The remedy is to buy the shares of J and G but he can not compel them to buy his share, there being no redemption of the whole land or give to A the value of B's share, if G and J are not willing to sell their shares. The testator may give a lesser interest, e.g., I give the usufruct of my land to X. What results? Usufruct to X, ownership of the land goes by intestacy. Art. 795. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. 1. Formal Validity a. Time criterion.-- law at the time of execution; subsequent laws cannot apply retroactively. b. Place criterion.-- Under Art 815-817, five (5) choices are available to the testator: 1. Citizenship 2. Residence 3. Domicile 4. Execution 2. Intrinsic Validity a. Time.-- time of death bec. of Art. 777 b. Place.-- Law of citizenship of decedent. Subsection 2.-- Testamentary Capacity and Intent Balane: Testamentification activa is the capacity to make a will. Testamentification pasiva is the capacity to inherit based on a will. Who has testamentary capacity? All natural persons. Corporations can not make wills. Only natural human beings can make a will. Art. 796. All persons who are not expressly prohibited by law may make a will. Balane: General rule: All persons have the testamentary capacity to make a will. Exception: Incapacity, when expressly prohibited by law: (1) disqualified by reason of age (Art. 797); (2) disqualified by reason of mental incompetence. (Art. 798.) Art. 797. Persons of either sex under eighteen years of age cannot make a will. Q: How do you compute the age? A: According to the Admin. Code, age is reckoned according to the calendar month. Art. 798. In order to make a will it is essential that the testator be of sound mind at the time of its execution. Balane: Soundness of mind is determined at the time of the execution of the will. Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. 1. Soundness of mind.-- does not require that the testator be in full possession of reasoning capacity or that it be wholly unbroken, unimpaired or unshattered. 2. It means realization of or knowing: a. The nature of his estate.-- Know what you own. This does not mean that the testator has to know the description of his property in detail. It is enough that he has more or less a fairly accurate idea what his properties are. This depends upon the circumstances. Say Rockefeller. The idea is less if you owned more. the more a person owns, the more he is apt to forget what he has in detail. If you think you own Ayala bridge and gives it as a devise, something is wrong w/ b. Proper objects of his bounty.-- Know his immediate relatives. Experience of mankind is that you give to people who are attached to you by blood. Immediate relatives referred to are spouses, parents, children , brothers, sisters, but not first cousins. First cousins usually are not known especially if they live abroad. The nearer the relation, the more you should know. The farther, the less the law expects of you. If the testator can not recognize his immediate relatives, then there is something wrong. c. Character of the testamentary act.-- Know the essence of making a will. Know that you are: (1) making a document that disposes (freely, gratuitously) of your property; (2) to take effect upon your death. Note: Even if you are insane as to other things, as long as you know these three (3) things, you have testamentary capacity. 3. Insanity is relative. It is different in marriage and in contracts. But in wills, not knowing one or more of the 3 mentioned above, you are considered insane. Art. 800. The law presumes that every person is of sound mind, in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of making his disposition is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid Balane: This is the law on presumption of soundness of mind as of the time of the execution of the will. General rule: Presumption is for soundness of mind.-- proponent of will does not have to prove the soundness of mind of the testator. Why? The law on evidence says that you don't have to prove: (1) that w/c is admitted; (2) that w/c is presumed; and (3) that w/c is taken judicial notice of. Disputable presumptions may be overcome by proof to the contrary. There are 3 presumptions of law: (1) conclusive; (2) quasi-conclusive w/c can be overcome only by specific proof; (3) disputable Exception: Insanity is rebuttable presumed when: 1. Art. 800 par. 2.-- One month or less before the making of the will, the testator was publicly known to be insane. E.g., A, one month before making of the will was running in the Plaza Miranda naked and shouting "Ibagsak!" This is what you mean by publicly known. 2. If there had been a judicial declaration of insanity and before such order has been revoked. (Torres v. Lopez, 48 P 772.) In these 2 cases, it is the proponent's duty to offer evidence to the contrary, i.e., prove that the making of the said will was made by the testator during a lucid interval. Judicial Declaration of Insanity Consists of: 1. A guardian appointed by reason of insanity. (Rule 93, ROC.) 2. If the insane was hospitalized by order of the court In either of these cases, there is a presumption of insanity. But once the order is lifted, the presumption ceases. Effect: 1. Rebuttable presumption of sanity is nullified or swept away. 2. There is a rebuttable presumption of unsoundness of mind. Art. 801. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. Balane: This article makes explicit what was mentioned in Art. 800. The requirement is that sanity should exist only at the time of execution. Subsequent insanity does not affect the validity of the will nor an invalid will be validated by the recovery of the senses of the testator. Art. 802. A married woman may make a will without the consent of her husband, and without authority of the court. Art. 803. A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. Subsection 3.-- Forms of Wills Balane: Kinds of Wills allowed under the NCC.-- (1) ordinary or notarial will w/c requires an attestation clause, an acknowledgement before a notary public; (2) holographic will w/c must be entirely written, dated and signed in the handwriting of the testator. Q: How about Non-cupative Wills? A: They are not allowed by the NCC. This kind of will is an oral will made by the testator in contemplation of death. This is allowed among Muslims only. Common Requirements for both kinds of wills: 1. It must be in writing 2. Executed in the language or dialect known to the testator. Q: What kind of language? A: It must be a language (a) spoken by a substantial number of persons; (b) must have been reduced to writing and (c) fairly substantive body of literature Q: What is a dialect A: A dialect is a variation of tongue. Art. 804. Every will must be in writing and executed in a language or dialect known to the testator. 1. In writing but no specific form is required. It could be in a marble glass or on a wall, so long as there was testamentary capacity. 2. Written in a language or dialect known to the testator. Suroza v. Honrado.-- The issue here is whether the will, w/c was written in English is valid. The SC ruled that it is not. The testatrix does not know English, being an Igorot and an illiterate. Obviously, the will is void, bec. of non-compliance w/ Art. 804. In a will, can you conclude that it is void where in the attestation clause, it was stated that the will was read and translated to Filipino? The law does not require translation nor interpretation of the language to the testator but that he himself personally understands the said language. Q: Is it necessary for a will to state that the testator knew the language? A: No. Extrinsic/ testimonial evidence may prove this. Q: Is direct evidence always necessary to prove that the testator knew the language? A: No. Sometimes, circumstantial evidence is sufficient. E.g., a person w/ a college degree does a will in English. Is it not enough that he studied 3 levels to prove that he understands English. Articles 805 to 809.-- Special Requirements for Attested Wills. Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. If the attestation clause is in a language not known to the witnesses, it shall be interpreted to them. A. Fourth Paragraph.-- Know the language 1. Body of the will.-- testator 2. Attestation clause a. Testator.-- No. b. witnesses.-- No. Only required to know the contents thereof. B. Discrepancies 1. Par. 1.-- No mention that the testator signs in the presence of witnesses and yet par. 3 states this. 2. Par. 2.-- No statement that the testator and the witnesses must sign every page in one another's presence and yet that is required to be stated in the attestation clause. 3. Par. 3.-- In case of agent, all it requires is that the agent signed by his direction and not in his presence, but that is required in par. 1. C. Requisites for an ordinary attested will (notarized will.).-- Purpose of requisites: judgment call of Code Commission; balancing of 2 policies.-- (1) to encourage a person to make a will; (2) to make sure that the will is testament of the testator to minimize fraud. 1. Signed by the testator or his agent in his presence and by his express direction at the end thereof and in the presence of the witnesses. a. Subscribe.-- literally means "to write one's name." Sign means "to put a distinctive mark" (this is the better term to use.) b. Signing.-- by writing his own name; a person may sign in other ways (i) Matias v. Salud.-- The testator signed affixing her thumb mark on the will, this is because he can no longer write due to sickness/ disease called herpes zoster, cold, physical infirmity. Is this a sufficient signature? Yes. A thumb mark is a sufficient signature of the testator. In fact, it is always and under any and all circumstances a valid way to sign a will. Reason: It is less posssible to forge. A thumb mark is always a valid way of signing whether literate or illiterate. However, there is also the danger of falsifying it by affixing the thumb of a newly dead person. Q: What if the testator has no disease but signed in his thumb mark? A: This will do bec. thumb mark is a sufficient signature under all circumstances. The controversy is that what if after the testator affixed his thumb mark, another person signed on her behalf. Attestation clause does not state this. I mean, it would not appear in the attestation clause. The SC said that the person signing on his behalf is not an agent and besides it was already signed by the testator affixing his thumb mark and to state this (the affixing of the thumb mark) in the attestation is a mere surplusage. (ii) Garcia v. de la Cuesta.-- Testator signed w/ a cross. Is this valid? No. This is so bec. such cross is easy to falsify. A cross can not be considered a signature. General rule: A cross is unacceptable as a signature. Exception: That is his normal way of signing. c. Purpose.-- to authenticate the will d. Where should the testator sign? At the end of the will. There are 2 kinds of ends: (i) Physical end.-- where the writing ends (ii) Logical end.-- that where testamentary disposition ends. Usually, they are the same. But if different, t hen either will do. What if after the signature, some clauses follow? What is the effect of the said clauses to the will? If annuls or makes the whole void bec. of the non-compliance w/ Art. 805. e. Testator directs another to sign his name. (i) Four cases: Testator- A; Agent- B a. "B" is not valid b. "A" handwritten "by B" typewritten is valid c. "A" typewritten "by B" handwritten is not valid. d. "A" is valid (ii) Cases: a. Barut v. Cabacungan.-- Requirements: (1) agent must write the name of the testator by hand; (2) advisable if the agent write his name also. b. Balonan v. Abellana.-- The witness signed his name above the typewritten words "por la testadora Anacleta Abellana." The SC held that the testator's name be written by the agent signing in his stead in the place where he would have signed if he were able to do so. It is required that the witness write the testator's name in the testator's presence and under her express direction. (iii) The agent must sign where the testator's signature should be. (iv) Purpose of the rules: to test the authenticity of the agency. It is an added safeguard to minimize fraud. f. Testator must sign in the presence of witnesses (i) Four cases: Testator.-- A; Witnesses.-- B, C, D a. A signs w/ B breathing on her face. Is it signing in the presence of the testator? YES. b. A signs while B is talking to C. B can see A through peripheral vision. Is A signing in B' s presence? YES c. A signs while B is talking to C w/ B's back to A. Is it signing in B's presence? YES. d. B goes out and stands behind the wall. He cannot see A. B is also talking to F. Is a signing in B's presence? NO. (ii) Nera v. Rimando.-- Actual seeing is not required. What is required is that the person required to be present must have been able to see the signing, if he wanted to do so, by casting his eyes in the proper direction. His line of vision must not be impeded by a wall or curtain. This is a question of fact for the lower court to determine. Blind witnesses are therefore disqualified. 2. Attested and subscribed by at least three credible witnesses in the testator's presence and of one another. a. Q: Can the testator sign first not in the witness' presence, then let the witnesses sign? No. Art. 805 requires that the testator should sign at their presence (Vda. de Ramos case.) There is some inconsistency here but we have to follow Art. 805. Q: Can the validity be affected if the witness signed ahead of the testator? A: No. Provided it is made in one occasion or transaction. However, in strict theory, it can not be done bec. before the testator signed there is no will at all w/c the witnesses can sign and attest to. If there is more than one transaction, then the testator must always sign ahead of the witnesses. b. Attestation Subscribing --visual act -- manual act --witness -- sign The three witnesses must do both attesting and subscribing. c. Where must witnesses sign? This is not clear. Taboada v. Rosal.-- In this case, the witnesses signed at the left hand margin. Petitioner contended that they should have singed at the same place where the testator signed, that is, at the bottom of the end of the will. The SC was liberal. The purpose of signing at the end is to prevent interpolation. The object of attestation and subscription which is for identification, was met when the witnesses signed at the left hand margin of the sole page w/c contained all the testamentary dispositions. (This concerned a 2-page will w/ the first page containing all the dispositions and the second page the attestation and acknowledgement.) The will was signed by the witnesses at each and every page thereof. Literal requirement.-- witnesses must also sign at the end/ last page In the case.-- as long as signed in the margin, OK Now.-- under or on margin, OK. d. Can witnesses sign w/ thumb mark? (1) Some say Yes bec. it is only an act of authentication; (2) some say no bec. one requirement is that witnesses must know how to read and write w/c implies that the witness write his name. 3. The testator or agent must sign every page except the last on the left margin. a. Purpose.-- to prevent the disappearance of the pages. b. "Every page except the last." Why not the last? Bec. it will already be signed at the c. Left hand margin.-- requirement was made when right hand was not justified when typed. d. Now, testator can sign anywhere in the page. (i) each page is signed and authenticated.-- mandatory (ii) left margin.-- directory. 4. Witnesses must sign each and every page, except the last, on the left margin. This is the same as number 3. Witnesses may sign anywhere as long as they sign Icasiano v. Icasiano.-- In the will submitted for probate, one page was not signed by one of the witnesses. Such failure to sign was due to inadvertence since in the copy, all pages were signed. The SC held that this was not a fatal defect. Considering the circumstances, the fact that the other requirement was complied with, and the notarial seal coincided w/ the third page during the sealing, then the will could be probated. Unusual circumstances w/c existed in the case: (1) there was another copy (2) inadvertence/ oversight (3) because of the notarial seal. The presence of these facts led the SC to allow the will. The general rule, however, is that, the failure to sign any page is a fatal defect. 5. All pages must be numbered in letters on the upper part of the page. a. Mandatory.-- there must be a method by w/c the sequence of the pages can be known; to prevent an insertion or taking out of a page. b. Directory (i) Manner it is numbered- letters, numbers, Arabic, roman numerals, etc.; any conventional sequence of symbols is allowed (ii) Upper part 6. Attestation Clause. a. Three things that must be stated: (i) the number of pages in the will (ii) the fact that the testator or his agent signed the will in every page thereof in the presence of the instrumental witnesses (iii) that the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and one another. b. Attestation clause is not a part of the will proper bec. if contains no dispositions. It is merely essential for the formal requirements of a valid will. It is a statement of the witnesses. c. Where must witnesses sign? At the bottom in order to prevent additions. Cagro v. Cagro.-- In the case, the page where the attestation clause appears was signed by the witnesses on the side and not after the attestation clause. The SC held that this was a fatal defect. The logic is that if there had been no signature at the bottom but on the sides, there will be ample room for fraud, that is, to add in the attestation clause upon the death of the decedent an essential matter w/c was not there in the first place to validate it.; d. Must the language of the will be understood or known by the witnesses? No. After all, witnesses need not know the contents of the will. Q: Is it required that the witnesses knew the language of the attestation clause: A: No. So long as it has been interpreted to them. Q: Must the testator know the language of the attestation clause? A: No. What is required of the testator is to know the language of the will. An express requirement of Art. 804. Reason for the above rules: In order to minimize fraud. The very purpose of Art. 804 and 805. The law encourages not discourages will making. Precisely bec. it wanted to encourage wills. It sets up safeguards to protect the will. e. Must the testator sign the attestation clause? No. Abangan v. Abangan.-- This case concerns a will that has only 2 pages. The first page contained the dispositions and was signed by the testator and the witnesses at the bottom. The second page contained the attestation clause only and was signed by the witnesses at the bottom. From the case, we can learn 2 things: The first concerns the first page. Since it was signed by the testator and the witnesses at the bottom, then there is no need for them to sign at the left margin. The second concerns the second page. Since it was already signed by the witnesses at the bottom of the attestation clause, then there is no need for them to sign on the margin. Q: Must an attested will be dated? A: No. Lack of date does not annul an attested will. But a holographic will must be dated. (Art. 810.) 7. Notarization.-- A will is a public instrument that is why it must notarized. Art. 806. Every will must be acknowledged before a notary public by the testator and the witnesses. The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court. 1. Cruz v. Villasor.-- This case involves a will wherein the notary public was also one of the three instrumental witnesses. Did the will comply w/ the requirement of 3 witnesses? No. The SC gave 2 reasons: (1) The notary public can not be an oath witness and at the same time an oath taker. It is impossible for him to acknowledge before himself; (2) the aim of the notary public to insure the trustworthiness of the instrument would be lost bec. he will try to insure the validity of his own act. General rule: The notary public cannot be a witness. Exception: When there are more than 3 witnesses. In such a case, the requisite of 3 witnesses is achieved. 2. Gabucan v. Manta.-- In the case, the notarial acknowledgement of the will lacked a documentary stamp. As such the judge in the lower court denied probate. Does the absence of the documentary stamp invalidate the will? No. The absence of the documentary stamp does not affect the validity of the will. Its only effect is to prevent it from being presented as evidence. The solution is to buy a documentary stamp and attach it to the will. 3. Javellana v. Ledesma.-- The case deals w/ the question of whether or not the acknowledgement of the will should be done on the same occasion as the execution of the will. The SC said no. The law does not require that execution and acknowledgement be done on the same occasion. Acknowledgement may be validly done after execution. In fact, the testator and the witnesses do not have to acknowledge together. You can acknowledge one by one. The law does not require it to be made simultaneously. As long as the testator maintains his testamentary capacity and the witnesses maintain their witnessing capacity until the last person acknowledges, then the will is valid. However, if the testator dies before the last person acknowledges, then the will is not valid. The will is considered as being unacknowledged. 4. Questions. Q1: Can a witness be an agent who will sign for the testator? A1: (a) Yes. There is no prohibition. (b) No. The testator must sign before 3 witnesses. He cannot sign before himself. To be safe, do not let this happen. As the lawyer, be sure you have at least 3 witnesses. Q2: Is there any particular order of signing? A2: (a) No. As long as the signing is done on one occasion or one continuing transaction. (b) Yes. If the signing is not done on one occasion or transaction. In such a case, there is nothing that the witness is attesting to. Articles 807 and 808 are special additional requirements which are mandatory. Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. Balane: This provision lists down a special requirement if a notarial will is executed by a deaf- mute testator. 1. There are two cases contemplated: (1) If the testator can read, then he must read the will personally; (2) If illiterate, then 2 persons must read the will and communicate to him the meaning of the will in some practicable manner. 2. The law is not clear if the 2 persons reading it to him would do it separately or in consonance. 3. These additional requirements are mandatory by perfect analogy to the case of Garcia v. Vasquez.. Art. 808. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. 1. If the testator is blind, the will must be read to him twice: (1) by one of the subscribing witnesses; and (2) by the notary public, not necessarily in that order. 2. a. Is the provision mandatory? Yes. If this is not followed, the will is void. (Garcia v. Vasquez.) In the case, the will was read to the testator only once. The SC denied probate of the will for failing to comply w/ the requirements of Art. 808. Such failure is a formal defect. b. Can this be presumed? No. c. Can this be proven to have been complied w/ by competent evidence? Yes. In the absence of w/c the will is void. Such fact or reading must be proven by evidence during the probate proceedings. 3. Purpose: The reading is mandatory for the purpose of making known to the testator the provision of the will so that he may object if it is not in accordance w/ his wishes. Art. 809. In the absence of bad faith, forgery, or fraud, or undue and improper pressure and influence, defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of article 805. Balane: This is a liberalization rule, an attempt to liberalize Articles 804 to 808. Substantial compliance w/ Articles 805 and 806 will validate the will despite some defects in the attestation clause. Looking at Art. 809, you get the impression of utmost liberalization. We can not determine how liberal we can be or can we go. This article does not give a clear rule. JBL Reyes and Tolentino suggest that you make a distinction. Guide: If the defect is something that can be remedied by the visual examination of the will itself, liberalize. If not, then you have to be strict. Illustration: If in an attestation clause, the number of pages used was not stated, then you can liberalize bec. by examining the will itself, you can detect the defect. This is bec. the pagination of statement in the attestation clause is merely a double check. If the attestation clause failed to state that "the testator signed in the presence of witnesses," and this can not be remedied by visual examination of the will, then you need to be strict. Suggested amendment of the law: "If such defect and imperfections can be supplied by examination of the will itself and it is proved." Articles 810 to 814.-- Provisions on Holographic Wills. Art. 810. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. A. Advantages: 1. Cheaper, simple, easier to revise, no notary public needed 2. Absolute secrecy is guaranteed- only you, the father and the members of the family will know its contents. 1. Precisely bec. it guarantees secrecy and is simpler, it is also easier to falsify-- less people you need to collude w/-- only yourself, but in attested will, you need at least four (4) other 2. It may not express testator's wishes due to faulty expression 3. No protection against causes vitiating consent bec. there are no witnesses-- danger is 4. Does not reveal testamentary capacity of testator due to lack of witnesses 5. Easier to conceal than an attested will.-- you can allege that no will was made 6. Generally, danger of ambiguity is greater than in attested wills.-- bec. testator is not a lawyer, he may not understand technical and legal words. In attested will, the testator is assisted by a lawyer. JBL Reyes opines that the disadvantages outweigh the advantages. He suggested a middle ground, a mystic will (testamento cerrado.) It is not as strict as a notarial will, but not as fraught w/ risks as a holographic will. This kind of will is sealed in an envelope and brought to the notary who puts his seal and signs to authenticate, and it will be opened only upon the death of the testator. This kind of will minimizes the risk of fraud and protects the privacy of the testator. B. Real Requirements.-- MANDATORY.-- must be by the hand of the testator himself. 1. Written entirely by the testator E.g., (a) If partly by the testator and partly by another person, VOID (b) If another person wrote an additional part w/o knowledge of the testator, the will is VALID but the addition is VOID. (c) If another person wrote an additional part w/ the knowledge of the testator, VOID. 2. Dated a. (1) Roxas v. de Jesus.-- On the will, the date was written as "Feb./ 61." Is it valid? Yes. General rule: Day, month and year must be indicated. Exception: When there is no appearance of fraud, bad faith, undue influence, and pressure and the authenticity of the will is established, and the only issue is whether or not "Feb./61" is valid, then it should be allowed under the principle of substantial compliance. COMMENT: I am not happy w/ the decision bec. the period covers one whole month. One of the purposes is to know when it was executed, specially in the cases where there are other wills. Example, another will dated Feb. 17/ 61. As such, it is dangerous to say that "Feb./61" is (2) Labrador v. Ca.-- In this case , the date was indicated in the body of the will as part of the narration. Is this valid? Yes. It is not necessary that the will be separate from the body. In fact, it can be anywhere in the will as long as the date appears in the will. b. If the date is proven wrong, then its validity depends on whether the error is deliberate or not. If deliberate, the will is considered not dated and the will is void. If not deliberate, the date will be considered as the true date. c. Date is usually written by putting the day, month, and year. However, other ways may be adopted such as "Christmas day of 1995." 3. Signature.-- Commentators have said that the signature must consist of the testator's writing his name down. The reason for this is since he is able to write his will, then he is literate enough to write his name. C. 1. Are holographic wills in letters allowed? Yes, provided there is an intent on the part of the testator to dispose of the property in the letters and the 3 requisites are present. E.g., "I give you 1/2 of my estate as provided for in the document I kept in the safe." This is a holographic will bec. the letter does not in itself dispose of the property. 2. Can a blind testator make a holographic will? Yes. There is no form required. What is important is the presence of the 3 requisites. Art. 811. In the probate of a holographic will, it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. If the will is contested, at least three of such witnesses shall be required. In the absence of any competent witness referred to in the preceding paragraph, and if the court deem it necessary, expert testimony may be resorted to. Requirements in the Probate of Holographic Wills: 1. Documentary Requirement a. General rule: The will itself must be presented Gan v. Yap.-- In the case, the proponent of the supposed will sought to establish its contents through extrinsic evidence. The SC denied such attempt to probate a holographic will that was not presented before the court. The SC said that the actual will should be presented to the court. The reason is that the will itself is the only material proof of authenticity. How can they oppose the will if the will is not there? E.g., You are presented in the probate court the bloody test papers of A in Civil Law, just to show the handwriting of A, but you do not have the will. How will you compare when you do not have any will to be compared. But if the will is there, I would be the first one to prove your handwriting by showing your bloody test papers. (Balane.) Exception: If there is an existing copy or duplicate photostatic xerox. Rodelas v. Aranza.-- In the case, the proponent of the will sought to present a copy of the holographic will to the court. The court allowed the production of the copy. The basis of this acceptance is the footnote no. 8 in the case of Gan v. Yan where the court said that "perhaps if a photostatic copy is presented..." The merit of the Rodelas case is doubtful.. Authenticity of the will is based on the handwriting and the signature. Handwriting experts use as a bases the penlifts of the writer. In photocopies, penlifts are not discernible and so the experts are deprived of their basis in determining the authenticity of the will. b. Lost holographic wills can not be probated even by the testimonies of the witnesses. The reason is that the will itself is the only proof of its authenticity. 2. Testimonial Requirement a. Uncontested will.-- only one witness to identify the signature and handwriting of the b. Contested will.-- three witnesses to identify the signature and handwriting of the Azaola v. Singson.-- In the case, the oppositors of the will contested the will on the ground that it was executed through fraud. They, however, admitted its due execution. During the case, the proponent presented only one witness to identify the signature and handwriting of the testator. Is one witness sufficient considering there is an oppositor to the will? Yes. The SC held that one witness is sufficient. What the law envisions is that the genuineness of the handwriting and signature be contested. Contested holographic will refers to the challenge by the oppossitors that the will is not in the handwriting of the deceased. The oppossitors in this case did not challenge the handwriting of the deceased. Their ground for opposing probate is that the will was executed through fraud and improper and undue influence. Hence, the probate required only one witness. The authenticity of the will is not contested. Therefore, the will itself, not being contested was that of the testator. The oppossitors here precisely admit that authenticity of the will but oppose on the ground that there is fraud or undue influence initiated upon her in the execution of the will. Hence, it is uncontested. Obiter dictum: The three witness provision for contested holographic will is merely directory. The court upon satisfying itself of the authenticity of the will can require one or ten witnesses. The judge knows best. The second paragraph of Art. 811 gives the court discretion, hence the directory effect of the Art.-- (a) it is a matter of quality and not quantity; (b) to require 3 witnesses, makes it worse than treason, w/c requires only 2 witnesses. Which is better? One who testify but w/ unquestioned credibility or 20 AVSECOM witnesses? So do not rely on the quantity. The case of Azaola is merely a guide and interprets Art. 811 for us. It is not mandatory. It always depends on the judge. Art. 812. In holographic wills, the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. Balane: To authenticate additional dispositions, the same must be signed and dated by the Art. 813. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. Balane: If a will has several additions, the testator has two options: (1) Sign each disposition and sign and date the last; or (2) Sign and date each one of the additions. Art. 814. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. Balane: Insertion, Cancellation, Erasure, or Alteration.-- Authenticate by "full signature," that is, in the manner the testator usually signs his name. Kalaw v. Relova.-- In the case, there were 2 alterations. In the first alteration, the name of Rosa as sole heir was crossed out and Gregorio's name was inserted. In the second alteration, the name of Rosa as executor was crossed out and Gregorio's name was inserted. The second alteration was initialed. Are the alterations valid? No. Alteration 1: Not signed, thus, not valid. Alteration 2: Initialed, thus, not valid; it must be full signature. Gregorio cannot inherit as a sole heir bec. it was not authenticated. Rosa cannot inherit as sole heir bec. her name was crossed out. This indicated a change of mind on the part of the testator. The SC held that a change done by cancellation and putting in a new name, w/o the full signature, is not valid. As such, the probate is denied and they both inherit by intestacy. Balane: Rosa should inherit as sole heir. The cancellation was not done properly since it was not signed. The effect is as if the cancellation was not done. If the testator wants to change his mind, he should reflect it in the proper way. Q: How do we make a change in a notarial will? A: There is no provision of law dealing on this. The ordinary rules of evidence will apply. To prove change, the testator should affix either his signature or initials. The best way, however, is to have the testator and notary public sign. Articles 815 to 817.-- Laws which govern formal execution according to the place of execution. Art. 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. Such will may be probated in the Philippines. Art. 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. Art. 817. A will made in the Philippines by a citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines. 1. Four combinations as to situation: a. Filipino makes a will here b. Filipino makes a will abroad. c. Foreigner makes a will here. d. Foreigner makes a will abroad. 2. What law governs the validity of will? a. Intrinsic.-- the national law of the testator b. Time.-- At the time of death. c. Place.-- the same for Filipinos and aliens. The same rule wherever you make your will. You have five (5) choices-- the law of 1. The testator's citizenship 2. Testator's domicile 3. Place of execution 4. Testator's residence 5. Philippines. Example, an Argentine citizen, domiciled in France, residing in Belgium visiting the Phils. In Japan, he executed a will. He may choose among the five (5) places as to what law shall govern the formal requirements of his will. If Ruben executed a will in Makati, he will have to follow Philippine law bec. all the choices points to that only. Art. 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. Balane: 1. Definitions.-- (a) A joint will is one document w/c serves as the will of 2 persons; this is prohibited; (b) A reciprocal will involves 2 instruments reciprocally making each other heir; this is not prohibited. 2. Elements of a Joint Will: (a) one single instrument; (b) it is the will of 2 or more persons. 3. Q: Why are Joint Wills Prohibited? A: (a) It encourages undue influence, murder, or attempt to kill the other bec. generally, joint wills benefit each other. (b) It runs counter to the idea that wills are revocable. It makes revocation more difficult. E.g., tearing it up-- destroys the will of another. (c) It undermines the personal element of a will.-- It becomes a multiple will. 4. Examples: a. One sheet of paper. On each side is a will of one person. Is it valid? Yes, bec. there are 2 documents. b. One sheet of paper. On the front page, on the upper half is a will of A. On the bottom half is the will of B. Is it valid? Yes. This is not a joint will bec. there are still 2 documents. 4. In Germany, joint wills are allowed only if executed by the spouses. 5. The presumption is that wills are valid. The fault probably is in the wording of the law. Joint will-- one instrument. What the law prohibits is not 2 wills on the same sheet of paper but joint wills. Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed. 1. This provision is an exception to the rule enunciated in Articles 815 to 817 that for Filipinos, as long as the will is valid in the place of execution, then it is valid in the Phils. 2. Filipinos, whether here or abroad, cannot execute joint wills. It is against public policy. 3. Can aliens execute joint wills? a. If executed in the country where it is allowed, YES, it may be probated here. b. If made here and their country allows them to do this? There are 2 views on this: (i) Yes, follow the personal law. (ii) No bec. it is against public policy. Subsection 4.-- Witnesses to Wills. Art. 820. Any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in article 805 of this Code. Art. 821. The following are disqualified from being witnesses to a will: (1) Any person not domiciled in the Philippines; (2) Those who have been convicted of falsification of a document, perjury or false testimony. Balane: Articles 820 and 821 may be taken together. These provisions are applicable only to attested wills and not to holographic wills. Six Qualifications of Witnesses to Wills or Requisites for Competence to be a Witness: a. Sound Mind.-- Ability to comprehend what he is doing, same as soundness of mind for contracts. b. At least 18 yrs or over.-- Computed according to the calendar year. c. Not Blind, deaf and mute/ dumb.-- This is important bec. these are the three senses you use for witnessing. d. Able to read and write.-- Literate. Some commentators say thumb mark is not sufficient for witnesses; he has to affix his signature. e. He must be domiciled in the Philippines. Q: If a will is executed abroad in a place where there is no one domiciled in the Phils. although there are Filipino citizens not domiciled in the Phils., does domicile requirement still apply? A: There are two answers for all theory 1. Yes bec. the law does not distinguish 2. No, there is an implied qualification.-- The rule applies in wills executed in the Phils. To be practical, there are two solutions: 1. You have 5 choices as to w/c law governs. Choose any. 2. Just execute a holographic will. f. He must not have been convicted of falsification of document, perjury or false Q: Why not rape? A: Bec. chastity has nothing to do w/ truthfulness. Truthfulness is the gauge. Gonzales v. CA.-- In the case, the oppossitor of the probate alleged that the will cannot be probated bec. the proponent was not able to prove that the 3 witnesses were credible. She claims that Art. 805 requires that witnesses must be credible as shown in the evidence of record. Is the oppossitor correct? No. Under the law, there is no mandatory requirement that the proponent of the will prove the credibility of the witnesses to the will. Such credibility is presumed. However, the oppossitor may prove otherwise by presenting evidence. The SC also said that credibility is determined by the manner the witness testifies in court. In other words, credibility depends on how much the court appreciates and believes his testimony. Social standing or financial position has nothing to do w/ a witness' credibility. Lastly, the SC said that competency and credibility are different. A witness to a will is competent if he has all the qualifications and none of the disqualifications to be a witness while credibility depends on the appreciation of the court of the testimony of the witness. Art. 822. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the Balane: Competency or capacity to be a witness: (1) is determined at the time of witnessing; (2) must have the six qualifications. In effect, this is the same rule in testamentary capacity. Art. 823. If a person attests the execution of a will, to whom or to whose spouse, or parent, or child, a devise or legacy is given by such will, such devise or legacy shall, so far only as concerns such person, or spouse, or parent, or child of such person, or any one claiming under such person or spouse, or parent, or child, be void, unless there are three other competent witnesses to such will. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. Balane: This is a misplaced provision. It should not be put here but on the section on the disqualification to inherit. It does not tell us that it incapacitates a witness. It tells us of the incapacity of a witness to succeed. General rule: Witness, his spouse, parent, child, or person claiming under any of them cannot inherit. Exception: There are three other witnesses to the will. E.g.: (a) Testator A, Witnesses B, C, D. It is presumed that they are all qualified to be witnesses. A, in a will, makes legacy to B, giving him a car. Does it disqualify B to be a witness? No, it disqualifies B to inherit. The legacy is void. (b) If there were 4 witnesses. The legacy is given to B. Is the legacy valid? Yes, bec. there are 3 other witnesses. (c) If there are four witnesses, each one is given a devise or legacy. (i) Are they competent to be witnesses? Yes. (ii) Are bequests to them valid? There are 2 views: 1. Yes. Bec. for each of them, there are three other witnesses. (Liberal view.) 2. No. Bec. this is an obvious circumvention of Art. 823. Art. 823 has for its purpose the prevention of collusion. (Strict view.) Art. 824. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors from being competent witnesses to his will. Subsection 5.-- Codicils and Incorporation by Reference. Art. 825. A codicil is a supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which any disposition made in the original will is explained, added to, or altered. E.g., In a will, "I give my car to A, July 2, 1995." Bec. I want to specify w/c of my cars, I make a will stating "In my will of July 2, 1995, I gave a car to A. I want to clarify that I am giving him my BMW w/ plate number ......." Q: When is a subsequent document a codicil and when is it another will? A: 1. It is a codicil when it explains, adds to, or alters a provision in a prior will. 2. It is another will if it makes an independent disposition. E.g., June 1, 1995, "I give my car to A." July 1, 1995, "I give my house to B." This is a second will. Four Questions: 1. If original will is attested, can you make an attested codicil? 2. If original will is attested, can you make a holographic codicil? 3. If original will is holographic, can you make a holographic codicil? 4. If the original will is holographic, can you make an attested codicil? A: Yes to all. The form of a codicil does not have to conform to the form of the will. A will does not impose its form on the codicil. As long as the codicil complies w/ the form of wills, it is valid. (Art. 826.) Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a will. Balane: Whether you call the second document a will or a codicil does not really matter. It is all theoretical. It is only a matter of terminologies. They both require the formal requisites of a will. Art. 827. If a will, executed as required by this Code, incorporates into itself by reference any document or paper, such document or paper shall not be considered a part of the will unless the following requisites are present: (1) The document or paper referred to in the will must be in existence at the time of the execution of the will; (2) The will must clearly describe and identify the same, stating among other things the number of pages thereof; (3) It must be identified by clear and satisfactory proof as the document or paper referred to therein; and (4) It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of account or inventories. Q: What do you incorporate? A: Generally, the documents that clarify provisions in the will to w/c it is attached. E.g., inventories, sketches, books of account Q: Can a document contain any testamentary disposition? Why? A: No. Bec. they do not conform to the requirements of wills. Requisites for Incorporation by Reference: 1. Document must pre-exist the will. It must be in existence when the will is made. 2. The will must refer to the document, stating among other things the number of pages of the document. 3. The document must be identified during the probate of the will as the document referred to in the will 4. It must be signed by the testator and the witnesses on each and every page, except in case of voluminous books of accounts or inventories. Q: Can a document be incorporated in a holographic will considering that the attached document must be signed by witnesses and that the holographic will has no witnesses? A: There are 2 views. (a) Yes, witnesses referred to by law should be taken to mean only if there are witnesses to the will. There is no specification in the law. (b) No. The fourth requisite presupposes there were witnesses. It seems to cover only attested wills. Subsection 6. Revocation of Wills and Testamentary Dispositions. Art. 828. A will may be revoked by the testator at any time before his death. Any waiver or restriction of this right is void. Balane: One of the characteristics of a will is that it is ambulatory. It is not fixed, it is revocable. Revocability is an essential requisite of a will. So any waiver or restriction of this right is void. Q: Can the testator make a will irrevocable? A: No. As long as he is alive, he can revoke will at pleasure. Distinguish this from a donation inter vivos w/c cannot be revoked at pleasure by the donor. Art. 829. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. Balane: This article is incomplete. It does not cover all situations. Q: How do you revoke? What law governs revocation? A: It depends where the revocation is made: 1. If done outside the Phils: a. If the testator is not domiciled in the Phils: (i) the law of the place where the will was made (ii) the law of the place where the testator was domiciled at the time of the revocation b. If the testator is domiciled in the Phils: (i) Phil. law bec. his domicile is here. (ii) Law of the place of revocation bec. of Art. 17, NCC 2. If done inside the Phils., follow Phil. law. Art. 830. No will shall be revoked except in the following cases: (1) By implication of law; or (2) By some will, codicil, or other writing executed as provided in case of wills; or (3) By burning, tearing, cancelling, or obliterating the will with the intention of revoking it, by the testator himself, or by some other person in his presence, and by his express direction. If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. Three Ways of Revoking a Will: 1. By Implication of Law. a. Art. 1032.-- Unworthiness to succeed, e.g., I instituted P as heiress, after which she killed my parents. The will instituting her as heiress is revoked by implication of law. b. Art. 957.-- Deals w/ the devise or legacy.-- transformation of the property by the testator, e.g., If I converted to a subdivision the fishpond w/c I gave to T as devise. c. Art. 106.-- Legal separation. The guilty spouse, who gave the ground for legal separation, will not inherit and anything given to her is impliedly taken away by law. d. Art. 854.-- Preterition annuls the institution of heirs. 2. By Subsequent Instrument, Will or Codicil: a. Requisites: 1. Capacity to revoke.-- Insane persons can not revoke 2. Revoking instrument, will or codicil must be valid 3. Revoking instrument, will or codicil must contain either a revoking clause (express) or be incompatible (implied) 4. Revoking will must be probated bec. w/o probating, it can not have the effect of revocation. b. Such revocation may either be: 1. Express.-- Contains an express revocatory clause 2. Implied.-- Provisions of subsequent will are incompatible with the provisions of the prior will. It may either be: (i) total when all the provisions are incompatible; (ii) partial when only some provisions are incompatible. 3. By physical Destruction.-- This is the most unlimited way of revocation bec. it covers any act of physical destruction. It is not an exclusive list but more or less covers everything a. Corpus.-- Act of destruction-- completion of intent-- all acts needed to revoke have been done Q: Must it be total destruction? A: No. As long as evidence on the face of the will shows act to revoke. b. Animus.-- Intent and capacity to revoke. Both elements must concur. a. A blind testator asked his nurse to give him his will. The nurse gave him his old letters. The testator thinking it is his will, threw it into the fire. In this case, there is animus but no corpus. Revocation is ineffective. b. I threw my civil law exams. But it turned out it was my will. Revocation is not valid. There is no animus or intent to revoke. 1. How much destruction of the corpus do you need? You need the physical destruction of the will itself. Does it mean total destruction of the will, so that nothing will be left? No. As long as there is evidence of physical destruction, like let us say, edges were burned. If only the cover was burned, there is no revocation-- no corpus. If the destruction was not total, there is still revocation, as long as there is/ was evidence of the destruction of the will, the destruction need not be total. 2. A man can not revoke the will effectively bec. of insanity. 3. In case of tearing, there must be intent to revoke. That is, the testator had completed what he intended to be done. If in the act of tearing, the testator was dissuaded not to continue, is there revocation? No, bec. the testator was not able to do what he intended to be done. E.g., If the testator tore the will into 2, and when he was about to tear it into quarters, the heir asked for his forgiveness. The testator said: "Just paste the will." Is there revocation? None. There is no animus bec. he was not able to complete what he intended to do. 4. If the testator totally destroyed the will and he changed his mind, is there revocation? Yes. The act was already consummated. His remedy is to execute another will. Maloto v. CA.-- In the case, the estate was distributed equally by intestacy bet. the 4 heirs. Subsequently, a will was found. In the will, more was given to 2 of the heirs. As such, the 2 who got more sought the probate of the will. The other 2 objected claiming that the will had been revoked. The issue is whether or not there had been a valid revocation. The SC held no. While there may have been intent to revoke, there was no corpus. There is no evidence to show that what was revoked was the will of the testator. Also, the destruction was not proven to have been done in the presence and under the expression of the testator. Gago v. Mamuyac.-- Where the will can not be located at the time of the death of the testator but was shown to have been in the possession or control of the testator when last seen, the presumption is that in the absence of competent evidence to the contrary, the will was cancelled or destroyed by the testator. The rationale is that it is hard to prove the act of revocation of the testator. The presumption is disputable. Q: In the case, what if the will was not seen in the possession of the testator? Will there be the same presumption of revocation? A: The case does not say so. But by analogy, yes. The SC, however, had not gone this far. Art. 831. Subsequent wills which do not revoke the previous ones in an express manner, annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. Balane: This is included as an element in revocation by subsequent instrument. Art. 832. A revocation made in a subsequent will shall take effect, even if the new will should become inoperative by reason of the incapacity of the heirs, devisees or legatees designated therein, or by their renunciation. Balane: General Rule: Doctrine of Absolute Revocation.-- The revocation of a prior will by means of a subsequent will is absolute. Such revocation does not depend on: 1. Capacity of heirs, devisees, and legatees in the 2nd will; or 2. On their acceptance. The revocation will be operative even the heirs, devisees, or legatees named in the revoking will are disqualified or they renounce. E.g., Will 1.-- "I give my house and lot to A." (1995) Will 2.-- "I give my house to B and hereby revoke my first will." (1997) Suppose, upon the testators's death, B renounces or is incapacitated, what is the effect? The institution of A is still revoked. House and lot will go by intestacy. The first will not be revived by the reason of the inoperation of the revoking will due to its renunciation or the incapacity of heirs, devisees, or legatees in it. The rationale is that the second will was valid except that it was rendered inoperative. Exception: Doctrine of Dependent Relative Revocation.-- Revocation of the first will is made by the testator to be dependent on the capacity and acceptance of the heirs, devisees, and legatees of the subsequent will. How do you know? The testator said so in the will. E.g., Will 1.-- "I give my car to A." (1995) Will 2.-- "I give my car to B. Such legacy is dependent upon the capacity and acceptance of B." (1997) The institution of B is conditional. Primary institution-- B; Secondary institution-- A. Art. 833. A revocation of a will based on a false cause or an illegal cause is null and Balane: Is this article violative of the right to revoke, even without reason? No. The testator need not have a reason to revoke his will. He may revoke it capriciously or whimsically at pleasure. But if the revocation is due to mistake or is based on some cause and such cause was later proven to be false, then the revocation is void bec. all transactions based on mistake are vitiated, that is, you are acting on a false cause of facts. The cause, however, must be stated in the will. This shows respect for the freedom of the testator to revoke, that his real intent be followed. E.g., a. Based on fact (kind of dependent relative revocation bec. he would revoke only if his information is true.)-- I instituted C as my heir. Later, I heard that it was C who killed my brother in Davao. So, I revoked my will. But it turned out that C did not do it. Revocation therefore is void. b. Based on impression.-- I give my car to B who is from Manila. I revoke my designation of B bec. I have just found out that she is from Quezon and I hate people from Quezon bec. they are arrogant and obnoxious. Is the revocation valid? Yes. Bec. the revocation is based on impression or is out of caprice, prejudice, or unfounded ethnic opinion. Elements for Revocation to be Inoperative: a. Cause must be a concrete and a factual one; b. Cause must be false; c. Testator must not know of its falsity; d. It appears on the face of the will that the testator is revoking bec. of the false cause. Art. 834. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked. Balane: This provision is particularly true under the NCC before the enactment of the FC. One of the modes of recognition was by a will. Even if the will is revoked, recognition is valid. Recognition is irrevocable. Why? Bec. it is not a testamentary act but an act w/c under the law admits a relationship of paternity. The same rule is still applicable under the FC. Subsection 7.-- Republication and Revival of Wills.. Art. 835. The testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form. Art. 836. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. Balane: Art. 835 is derived from Argentine Code. If you want to revive a will w/c is void as to its form, you must republish the will and just cannot refer to it. Example, Attested will w/ just 2 witnesses. You discovered the mistake later on. You cannot just republish it. You have to write it all over again. On the other hand, Art. 836 is derived from the California code. The mere reference to a previous will will revive it Result of the two articles: Chaos! How to reconcile? Look at Tolentino. Art. 835 explicitly refers to wills void as to form. Cause of the nullity is the defect in the form. You must reproduce the dispositions in a subsequent will. Art. 836 applies if the reason of nullity is other than defective form, e.g., Underage testator, fraud, under duress. You may republish or refer to the will. E.g., "I hereby republish and revive my will of Oct. 15, 1995..." Said republication was made after the discovery of the reason of the nullity. Art. 837. If after making a will, the testator makes a second will expressly revoking the first, the revocation of the second will does not revive the first will, which can be revived only by another will or codicil. A. This provision is crazy!!! Situation: X makes a will in 1993 (Will 1) X makes a will in 1994 expressly revoking will 1. (Will 2.) X makes a will in 1995 revoking will 2. (Will 3.) Revocation Instanter-- instantly Will 1 is not revived bec. its revocation was instant Exception: 1. Will 3 expressly revives Will 1. 2. will 3 reproduces provisions of Will 1. Why crazy? Bec. this is contrary to established principles in succession. Succession Principle Art. 837 1. Will takes effect upon death. 1. Gives the will 2 effects ante mortem, even if the testator is still alive. It makes the will operative even if the testator is alive. 2. Revocability of wills. 2. Makes it irrevocable. B. Applies only when revocation of will 1 by will 2 is express. By contrary implication, if revocation of will 1 by will 2 is implied, then revocation of will 2 by will 3 will revive will 1 except if will 3 is incompatible w/ will 1. In such cases, Art. 837 does not apply. Subsection 8.-- Allowance and Disallowance of Wills. Art. 838. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. The testator himself ma, during his lifetime, petition the court having jurisdiction for the allowance of his will. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's death shall govern. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. Balane: Probate is mandatory. There are 2 kinds of probate: (a) ante-mortem at the instance of the testator; (b) post- mortem at the instance of any interested party. Effect: It is subject to appeal but once final, it becomes conclusive or res judicata as to its due execution and testamentary capacity of the testator (extrinsic validity.) Advantages of Ante-mortem Probate: 1. It eases the mind of the testator 2. There is opportunity to change 3. You can prove the capacity of the testator Disadvantage of Ante-mortem Probate.-- otios-- superfluous, futile. Why? Bec. the testator can easily make a subsequent will revoking it. So unless the testator is very sure, it might be useless to have an ante-mortem probate. The issue in probate is the extrinsic or formal validity of the will. General rule: Intrinsic or substantive validity is not in issue. Exception: There is an intrinsic defect on the face of the will. Nepomoceno v. CA.-- In the case, the testator left his entire estate to his legal wife and children but devised the free portion to his common-law wife. When the common-law wife sought the probate of the will, the CA declared the will valid, but held the devise to the common- law wife null and void for being contrary to Art. 739 of the NCC. In effect, the court ruled on the intrinsic validity of the will in the probate proceedings. Was the holding of the CA correct? The SC held that it was correct. Although the general rule is that only extrinsic validity could be at issue during the probate, this rule is not absolute. Given exceptional circumstances, the probate court may do what the situation constrains it to do by passing upon certain provisions of the will. Clearly, the devise for the common-law wife was void. The CA had the authority to rule on such nullity. It would be practical for the court to rule on such an obvious matter. Otherwise, the probate might become an idle ceremony if on its face it appears to be intrinsically void. Gallanosa v. Arcangel- Probate are proceedings in rem and are mandatory. If the probate is allowed, it becomes conclusive as to its extrinsic validity which provides that: 1. The testator was of sound mind when he executed the will. 2. The testator was not acting under duress or fraud-- his consent was not vitiated 3. The will was executed in accordance w/ the formalities required by law 4. The will is genuine and not a forgery Q: What if after the probate court becomes final a person was charged w/ forgery of the will, can he can he be convicted? A: No, the probate is conclusive as to the will's genuineness even against the state. De la Cerna v. Rebeca-Potot.-- This case involves a joint will executed by a husband and a wife. The husband died before the wife and the will was probated. Now, the wife died and the testamentary heirs sought the probate of the will. Will the will be probated? No. The SC held that the first probate was valid only as to the share of the husband. However, such earlier probate cannot be applied for the share of the wife bec. she was still living at the time the first probate was made. As such, there is no res judicata as to the share of the wife. As to the wife, since it is against a joint will, then it is void and her property will pass by intestacy. Art. 839. The will shall be disallowed in any of the following cases: (1) If the formalities required by law have not been complied with; (2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; (3) If it was executed through force or under duress, or the influence of fear, or threats; (4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; (5) If the signature of the testator was procured by fraud; (6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. Balane: This enumeration is exclusive. They either make the will void or valid. There is no such thing as a voidable will. 1. Formalities.-- Art. 805 et seq. 2. Insanity.-- Art. 799 3. Force.-- violence-- Art. 1335 par. 1 Duress-- intimidation-- Art. 1335 par. 2 4. Undue and Improper pressure and influence.-- Art. 1337 5. Fraud.-- Art. 1338 6. Mistake.-- Art. 1331. Section 2.-- Institution of Heir. Art. 840. Institution of heir is an act by virtue of which a testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations. Balane: The rules on institution of heir also apply to devisees and legatees. Art. 841. A will shall be valid even though it should contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be inacapacitated to succeed. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. Balane: 1. Even if there is no institution of an heir, the will is valid, but it is useless unless it acknowledges an illegitimate child or disinherits a compulsory heir. 2. If the institution does not cover the entire estate, the excess shall either go to the compulsory heirs or by intestacy. (Mixed succession.) 3. How much can the testator dispose of from his estate? He can dispose all, except when there are compulsory heirs. In such a case, he can only dispose of the free portion. 4. General rule: If the will does not institute an heir, it need not be probated. Exception: Even if it does not institute an heir, if any of the following are present: a. When the will recognizes an illegitimate child; b. When it disinherits a compulsory heir; c. When it instituted an executor. 5. If the instituted heir should repudiate or be incapacitated to inherit, then legal succession takes Art. 842. One who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs. X -------- spouse / | \ X has a spouse and 3 children. Children get 1/2 of the estate\ ------- Legitimes Spouse gets 1/6 of the estate/ Art. 843. The testator shall designate the heir by his name and surname, and when there are two persons having the same names, he shall indicate some circumstance by which the instituted heir may be known. Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has been instituted, the institution shall be valid. Balane: General rule: An heir must be designated by name and surname. This also applies to devisees and legatees. If there are 2 or more people having the same name and surname, the testator must indicate some identifying mark or circumstance to which he may be known, otherwise there may be a latent ambiguity. E.g., I institute my cousin A. But I have 3 cousins by the name of A. Unless I give an identifying mark or circumstance as to w/c cousin A I refer to, there will be a latent ambiguity. Exception: Even w/o giving the name, the identity of the heir can be ascertained w/ sufficient certainty or clarity, e.g. the present Dean of the UP College of Law, my oldest brother. What is important is that the identity of the heir be known and not necessarily his name. Art. 844. An error in the name, surname, or circumstances o f the heir shall not vitiate the institution when it is possible, in any other manner, to know with certainty the person instituted. If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of other proof, the person instituted cannot be identified, none of them shall be an heir. Balane: 1. Paragraph 1.-- Even though there may be an error in the name of the heir, the error is immaterial if his identity can be known in any other manner. 2. Paragraph 2.-- See the rules on latent ambiguity. First: Use extrinsic evidence except the oral declarations of the testator as to his intentions to cure the ambiguity. Second: If ambiguity still exists, none of them will inherit. Art. 845. Every disposition in favor of an unknown person shall be void, unless by some event or circumstance his identity becomes certain. However, a disposition in favor of a definite class or group of persons shall be valid. Balane: 1. Can the testator give his entire free portion to a person he does not personally know? The "unknown person" referred to in this article refers to one who cannot be identified and not to one whom the testator does not personally know. The basis of the nullity is the inability to determine the intention of the testator. E.g., "To someone who cares." -- Void. "To someone w/ ten eyes." -- Void, this refers to someone who does not exist. This designation is valid if the identity is not known at the time of making the will but can be known in the future by circumstances. How? By establishing certain criteria at the proper time, e.g., First Filipino who wins a gold medal in the Olympics. 2. Class designation is valid, class in Civil Law Review, UP College of Law, 1995-1996. Mass institution: see Articles 786, 848 (brothers and sisters), 849 (designation of a person and his children) 959 (relatives), 1029 (prayers and pious works for the benefit of his soul), and 1030 (poor.) Art. 846. Heirs instituted without designation of shares shall inherit in equal parts. Balane: This is a presumption of equality. This supports the underlying principle of this chapter w/c is respect for the wishes of the testator. Art. 847. When the testator institutes some heirs individually and others collectively as when he says, "I designate as my heirs A and B, and the children of C," those collectively designated shall be considered as individually instituted, unless it clearly appears that the intention of the testator was otherwise. Balane: Problem: The testator provides "I give 1/3 of my estate to A, B and C." C is a class of people. How do you divide the estate? A: It is not to be interpreted as 1/3 to A, B and class C. Rather, the 1/3 of the estate should be divided equally among A, B and the members of class C. Why? Bec. the presumption is that the members of C were individually designated. But if the testator says "I give 1/3 of my estate to A, B and class C as a unit, then 1/3 will be divided equally among A, B and class C. Art. 848. If the testator should institute his brothers and sisters, and he has some of full blood and others of half blood, the inheritance shall be distributed equally, unless a different intention appears. Balane: Full blood means same parents; half blood means only one parent is the same. General rule: Brothers and sisters, whether full or half blood, inherit in equal shares. Exceptions: (a) If the testator provides otherwise in the will (b) If they inherit by intestacy. Ratio is 2:1 in favor of full blood brothers and sisters. (Art. 1006.) Art. 849. When the testator calls to the succession a person and his children, they are all deemed to have been instituted simultaneously and not successively. Balane: This article is a species of Art. 847. Successively refers to fideicommisary. Art. 850. The statement of a false cause for the institution of an heir shall be considered as not written, unless it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. Balane: General rule: Even if the cause if false, institution is effective. Why? Bec. cause of the institution is the liberality of the testator and not the cause stated. Q: "A is the tallest in the class. I give him 1/2 of my estate." If A is not the tallest, is the institution ineffective? A: No. Follow the general rule bec. the real cause was not the height but the liberality of the testator. Austria v. Reyes.-- In the case, the oppossitor sought to nullify the institution of the adopted children as heirs bec. it was found out that the adoption did not comply w/ the law. The SC held that the institution was valid. For it to be invalid, and be an exception to the general rule, 3 requisites must concur: 1. Cause for the institution must be stated in the will; 2. Cause must be shown to be false; 3. It must appear on the face of the will that the testator would not have made such institution if he had known the falsity of the cause. The wishes of the testator must be respected. In the case, the third requisite was absent. As such, the exception was not applicable and the general rule would apply. If there is doubt as to whether there is a valid institution bec. of the false cause, resolve it in favor of validity. Art. 851. If the testator has instituted only one heir, and the institution is limited to an aliquot part of the inheritance, legal succession takes place with respect to the remainder of the estate. The same rule applies, if the testator has instituted several heirs each being limited to an aliquot part, and all the parts do not cover the whole inheritance. Balane: The principle enunciated here has already been provided in Art. 841. Assuming in par. 1 a. The testator has no compulsory heirs -- part of the whole estate not disposed of by will goes by intestacy. E.g., No compulsory heirs and the testator says "I give 1/3 of my estate to X." 1/3 will go to X and the 2/3 will go by intestacy. b. Testator has compulsory heirs-- part of the free portion not disposed of by will goes by intestacy. E.g., Two legitimate children and testator says "I give 1/4 of my estate to X." 1/2 will go to the 2 children, 1/4 will go to X, and 1/4 will go by intestacy. The same applies when a vacancy occurs. Art. 852. If it was the intention of the testator that the instituted heirs should become sole heirs to the whole estate, or the whole free portion, as the case may be, and each of them has been instituted to an aliquot part of the inheritance and their aliquot parts together do not cover the whole inheritance, or the whole free portion, each part shall be increased proportionally. Balane: This article speaks of the testator's intention to give the entire free portion, or the entire inheritance, as the case may be, but he made a mistake in the addition of the different proportions. 1. Several heirs; 2. Indicates his intention to give his entire estate to this heirs a. If no compulsory heirs, whole estate b. If w/ compulsory heirs, whole free portion 3. Indicates portions he wants to give to each 4. Total of portions is less than whole estate or free portion, as the case may be. E.g., Testator has no compulsory heirs. He indicates in the will that his intention to give his entire estate to his heirs. He gives 1/4 to A, 1/6 to B, 1/3 to C. The estate is worth P120,000. A P30,000 B 20,000 C 40,000 What do you do with the remaining P30,000? 1. Get the least common denominator-- 12 A= 3/12, B= 2/12, C= 4/12 2. Get the ratio of the shares w/ each other. A (3) : B (2) : C (4) - 3 + 2 + 4 = 9 3. Multiply the remainder by the share of each heir w/ respect to the ratio in number 2. For A, 3/9 x 30,000 = 10,000 For B, 2/9 x 30,000 = 6,666.67 For C, 4/9 x 30,000 = 13,333.33 4. Add the result to what they originally received and the sum will be their complete inheritance. For A, 30,000 + 10,000 = 40,000 For B, 20,000 + 6,666.67 = 26,666.67 For C, 40,000 + 13,333.33 = 53,333.33 5. Add your figures in number 4 to make sure that it equals to the value of the entire estate. (To make sure that you did not make a mistake.) 40,000 + 26,666,67 + 53,333.33 = 120,000 Note: 6. If you want to get the inheritance of each right away, multiply the ratio in number 3 with the value of the whole estate. For A, 3/9 x 120,000 = 40,000 For B, 2/9 x 120,000 = 26,666.67 For C, 4/9 x 120,000 = 53,333.33 You get the same results but faster. Art. 853. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be reduced proportionally. Balane: The same principle as in Art. 852, only this time you decrease. 1 to 3 -- same as those in Art. 852 4. Total of portion exceeds the whole estate, or whole free portion, as the case may be E.g., same as above except that A gets 1/2, B gets 1/3, and C gets 1/4. The value of the estate is P30,000. A 15,000 C 7,500 What do you do w/ the excess of P2,500? 1. Get the LCD, 12 A = 6/12, B = 4/12, C = 3/12 2. Get the ratio of the shares with each other A (6) : B (4) : C (3) - 6 + 4 + 3 = 13 3. Multiply the excess by the share of each heir in the ratio in number 2. For A, 6/13 x 2,500 = 1,153.84 For B, 4/13 x 2,500 = 769.23 For C, 3/13 x 2,500 = 576.93 4. Subtract the results in number 3 from what each heir was to receive initially. For A, 15,000 - 1,153.84 = 13,846.16 For B, 10,000 - 769.23 = 9,230.77 For C, 7,500 - 576.93 = 6,923.07 5. Add the figures in number 4 to make sure it equals to the value of the whole estate. 13,846.16 + 9,230.77 + 6,923.07 = 30,000 Note: 6. If you want to get the inheritance of each right away, multiply the ration in number 3 by the value of the estate. For A, 6/13 x 30,000 = 13,846.16 For B, 4/13 x 30,000 = 9,230.77 For C, 3/13 x 30,000 = 6,923.07 Q: If the testator makes 3 wills. Will 1-- "I give 40% of my estate to A." Will 2-- "I give 40% of my estate to B." Will 3-- "I give 40% of my estate to C." How will the estate by divided? There are two answers. 1. 1/3 will go to each. Apply Art. 853. 2. C gets 40%, B gets 30%, and A gets 30%. Assume the third will is incompatible to the first 2. Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devisees and legacies shall be valid insofar as they are not inofficious. If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right to representation. A. Clarification: 1. "Whether living at the time of the execution of the will or born after the death of the testator." This does not cover all the possibilities. What about those born after the execution of the will but before the death of the testator? Art. 854 also covers them, just an oversight. 2. Extends protection only to "compulsory heirs in the direct line." Is this redundant? Aren't compulsory heirs in the direct line? No. Spouses are compulsory heirs not in the direct So what is the remedy of the wife who has been omitted? Demand her legitime. Compulsory heirs in the direct line cover only ascendants and descendants. B. Preterition.-- "praeter" means "to go beyond" -- not enough to know the meaning. 1. Who is a person preterited? Manresa.-- "Complete omission from the will" -- Wrong! Why? It presupposes that if mentioned in the will, then the heir is not preterited. However, whether you are mentioned in the will or not has no effect on the preterition. (1) I have a son, A. The will states "I give 1/2 to B." A is not preterited bec. he gets the other half. (2) I have a son, A. The will states "I give 1/3 to B and 1/3 to C." A is not preterited bec. he gets the other 1/3. His legitime, however, is impaired. (3) I have a son, A. The will states "I give 1/2 to B, 1/2 to B, and to A, all my love." A, even if mentioned in the will, was preterited. Preterition occurs if the heir receives nothing from the inheritance by way of testamentary disposition, devise, legacy, intestacy, or donation inter vivos. 2. Situations a. Heir is mentioned but nothing is left to him-- Heir is preterited if he receives nothing by intestacy. b. Heir is instituted in the will but the part she is instituted in is less than her legitime.-- There is no preterition. Reyes v. Barreto-Datu.-- In the case, Lucia received a part of the estate through a judicially approved project of partition w/c was based on the will of her father. However, it was found out later on that he Salud was not really the child of her parents. As such, Lucia sought to annul the institution of Salud as heir claiming that she was preterited. The SC held that she was not preterited be. she had received a part of the estate. There is no preterition if the heir is given testamentary disposition, even if it be less than her legitime. The remedy of the heir is for the completion of her legitime pursuant to Art. 906. 3. Definition of preterition.-- Preterition happens when the compulsory heirs in the direct line are totally omitted from the inheritance, that is the heir got nothing by way of testamentarry disposition, donation, legacy, devise or intestacy. C. Who can be preterited? 1. Legitimate children-- Yes. 2. Illegitimate children-- Yes. The law makes no distinction. 3. Parents, whether legitimate or illegitimate.-- Yes. Nuguid v. Nuguid.-- In the case, Rosa died having 6 brothers and sisters and her parents. However, she instituted one of her sisters as her universal heir. The parents opposed the probate claiming they were preterited. The SC held that the parents were preterited. As such, the institution of the sister as universal heir is void. The estate will be distributed by intestacy. The SC further stated that just bec. you are an heir, but not a compulsory heir, it does not mean that you will receive anything. If compulsory heirs in the direct line are preterited, and the free portion had already been devised to other people, the annulment of the institution of heir will in effect anull your institution. Also, when the law says devise or legacy, this is used in its ordinary sense. The claim of the sister that her institution as a universal heir is equivalent to a devise is untenable. If such were accepted, it would render Art. 854 useless. 4. Grandparents.-- Yes. 5. Spouse.-- No. 6. Adopted child.-- Yes. Acain v. Acain.-- In the case, Acain left his estate to his brothers, completely omitting his wife and legally adopted daughter. As such, the two opposed the probate of the will claiming they were preterited. The SC held that the adopted child was preterited but not the wife. A wife is not a compulsory heir in the direct line so she cannot be preterited. With respect to the adopted child, it is different. Under Art. 39 of PD 603, adoption gives to the adopted person the same rights and duties as if he were a legitimate child of the adopter and makes the adopted person a legal heir of the adopter. The SC further stated that since there were no devises or legacies, and a compulsory heir was preterited, the effect is, as if nothing was written in the will. The whole estate will be distributed by intestacy. D. Effect of preterition.-- "Annul the institution of heir but devises and legacies shall be valid insofar as they are not inofficious." -- Abrogate, set aside, eliminate, cancel. 1. Effect of preterition (of parents) when there are no devises or legacies (Nuguid case)-- whole will is considered inexistent. 2. If there are devises or legacies.-- Set aside only the institution of heirs but not the institution of devisees and legatees. If the devise and legacy exceed the free portion, decrease the devise and legacy. Solano v. CA.-- This case made a wrong decision. It made the effect of preterition the reduction of the share of the instituted heir rather than annulling the whole institution of heir. Acain v. IAC.-- This case restored the correct interpretation laid down in Nuguid that preterition annuls the institution of heirs. E.g., Testator has son, A. His will states "I give 1/2 of my estate to A and P300,000 to N." The estate is worth P600,000. How much will each get? N gets 300,000. A gets the other 300,000. M gets nothing. E. Criticism 1. Why not extend the application to the wife? 2. Why distinguish between heir and devisee and legatee? NOTE: This is the only case where it is important to know the distinction between heir, on the one hand, and devisee and legatee on the other. Art. 855. The share of a child or descendant omitted in a will must first be taken from the part of the estate not disposed of by the will, if any; if that is not sufficient, so much as may be necessary must be taken proportionally from the shares of the other compulsory heirs. Balane: This is not a case of preterition. This is a case of completion of legitime. 1. Is this right limited or restricted to a child or descendant? No. It also applies to heirs similarly situated. a. spouse b. parents c. ascendants. 2. Does this apply to preterition? a. Yes.-- According to the Code Commission. Their intent was to make Art. 855 apply to preterition. b. No.-- If you analyze the provision, it does not refer to preterition. It applies when something is left to an heir but is less than his legitime. (i) Incomplete legitime.-- "taken from part not disposed of by will" -- heir will receive something by intestacy -- no preterition. (ii) Preterition.-- If the whole estate is disposed of.-- Go to Art. 854. 3. Two errors a. Why is it limited only to child or descendant? This (article) should be applicable to any compulsory heir whose legitime is impaired or who receives less than his legitime. (The latter) may institute an action to complete his legitime. b. Where do you get the share to complete? 1. Vacant portion (undisposed) 2. If vacant portion is not enough-- "compulsory heirs." -- WRONG. You do not reduce the shares of compulsory heirs but the shares of testamentary heirs. If the compulsory heir gets more than his legitime, the excess can be reduced. Why? As to the excess, he is considered a testamentary heir. Illustration: A has 3 children, X, Y and Z. His will states "I give X, 1/3 of my estate, A, 1/12 of my estate, and B, 1/2. The estate is worth 600,000. X = 1/3 = 200,000 - excess 100,000 Z = 1/12 = 50,000 - lacks 50,000 B = 1/2 = 300,000 Y = 0 = 0 - lacks 100,000 Legitime - 300,000/ 3 = 100,000 each. Lacks 150,000 (Z + Y) 1. Is Y preterited? No. There is 50,000 that he will get by intestacy. Y can demand completion of his legitime under Art. 855. He can get 50,000 from the undisposed portion. He just lacks 50,000. Where do you get the deficiency? a. If we follow Art. 855, get from the compulsory heirs. In other words, get from X and Z proportionately. The result is that Z will complain bec. now his legitime would be incomplete. b. Get the deficiency proportionally from testamentary heirs. Why? They are not entitled to any share if it impairs the legitime of the compulsory heirs. Total lack of legitimes -- 150,000. 1. Get the 50,000 undisposed of -- Lacking only 100,000. 2. Get proportionally from the shares of testamentary heirs. Testamentary heirs: X = 100,000 - 25,000 B = 300,000 - 75,000 Art. 856. A voluntary heir who dies before the testator transmits nothing to his heirs. A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. Kind of Heir Predecease Incapacity Renunciation Compulsory TN TN TN Rep. Rep. No Rep. Voluntary TN TN TN Rep. No Rep. No Rep. Intestate TN TN TN Legend: TN-- Transmits Nothing Rep.-- There is Representation No rep.-- There is no representation. 1. There is no transmission of any right from an heir to his own heirs for any of the three cases (P, I and R.) There is no exception. 2. For voluntary, there is no representation, no matter what the reason for disqualification is 3. For renunciation, there is no representation, no matter what kind of heir. Section 3.-- Substitution of Heirs. Art. 857. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. 1. "In default." -- failure to inherit because of: (a) predecease, (b) renunciation or (c) incapacity. a. Is it a complete definition? No. It is incomplete bec. default covers or defines only simple substitution and not fideicommissary substitution. b. Complete definition.-- Substitution is the appointment of another heir so that he may enter into the inheritance either in default of the heir originally instituted or after. Simple.-- Second heir enters after the default of the first Fideicommissary.-- Second heir enters after the first. 2. Basis for substitution.-- It covers the free portion only. Bec. it is possible that the testator may have a second preference. In relation to the first heir instituted, the first is preferred over the substitute. But in default or after the first, the testator would rather that the inheritance go to the substitute than by intestacy. Allowing substitution is giving respect to the first and second preference of the testator. The power to make substitution is based on the power to make testamentary dispositions. This is really a condition imposed on the institution of heirs. E.g., A has sons whom he does not want to get the free portion. He wants to give it to B. But B may die before A. After B, A prefers C to get it. As bet. C and his children, A would rather that C get it. As such, C is appointed by the testator as B's substitute. Art. 858. Substitution of heirs may be: (1) Simple or common; (2) Brief or compendious; (3) Reciprocal; or (4) Fideicommissary. A. Kinds of Substitution: 1. Simple or common (Art. 859.) 2. Fideicommissary. (Art. 863.) B. Why did we earlier define substitution w/ only 2 kinds? Bec. there are only 2 kinds. Brief and reciprocal are just variations and not kinds of substitutions. You cannot have a purely reciprocal substitution. All substitutions are either simple or fideicommissary. C. In the OCC, there were two others: 1. Ejemplar.-- A substitution a father was allowed to make bec. his son was insane. This was a kind of fideicommissary. 2. Popular.-- A substitution a father made in behalf of a child who died before he reaches 18. Art. 859. The testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him, or should not wish, or should be incapacitated to accept the inheritance. A simple substitution, without a statement of the cases to which it refers, shall comprise the three mentioned in the preceding paragraph, unless the testator has otherwise Balane: Simple Substitution. 1. Causes/ grounds for the second heir to inherit in place of the first. a. Predecease of the first heir b. Renunciation of the first heir c. Incapacity of the first heir 2. Two ways of making a simple substitution: a. Enumerate all the cases. E.g., "I institute A, in case A predeceases me, or renounces, or is incapacitated to succeed, then B will substitute him." b. By just calling it. E.g., "I institute A, and by way of simple substitution, I institute B as substitute." In such a case, all the three causes of substitution will apply unless the testator provides otherwise. Note: The testator may limit the operation of the 3 causes. He can just mention what he wants to apply, e.g., "I institute A, and if he predeceases me, then B will substitute him." In such a case, B will only substitute A if A dies before the testator. However, if the cause is not covered by the causes given in this article, then the estate will pass by intestacy. Art. 860. Two or more persons may be substituted for one; and one person for two or more heirs. 1. Brief or Compendious.-- One substitutes for two or more heirs or two or more substitutes for one heir, e.g., "I institute A to 1/8 of my estate and as his substitute by way of simple substitution, I designate X and Y." 2. This is just a variation of either simple or fideicommissary. E.g., simple-- look at the example above. Fideicommissary-- "I institute A to 1/2 of my estate and impose upon him the obligation to preserve and transmit the property upon his death to X and Y." 3. Strictly or technically speaking, brief and compendious are not the same. Brief-- 2 or more for one heir; compendious -- one for two or more heirs. Note, however, they are synonymous and may be used interchangeably. 4. Problem: "I institute A, B and C to 1/3 each of my estate and in case they all die before me, I institute D as substitute by way of simple substitution." If A and B predecease the testator, will D get their shares? No. The substitution will take effect only upon the death of all the three. However, if what the will stated was "any or... all die before me," then D will get A and B's Art. 861. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. If there are more than one substitute, they shall have the same share in the substitution as in the institution. Balane: Reciprocal substitution. The heirs are substituted for each other based on either simple or fideicommissary substitution. If both are disqualified, then no substitution will take place and the estate will pass by intestacy. Example of second sentence: "I institute A to 1/3, B to 1/6, and C to 1/2 of my estate and by way of simple substitution, I institute them as substitutes of one another." If C predeceases the testator, how will his share be divided if the estate is worth P60,000? A = 1/3 = P20,000 B = 1/6 = 10,000 C = 1/2 = 30,000 How will the 30,000 be divided between A and B? 1. Get the LCD of the remaining heirs. In the example, it is 6. 2. Get the ratio bet. the remaining heirs and the sum of the ratios. A = 2/6, B = 1/6. The ratio between A and B is 2 : 1. The sum of the ratios is 3. 3. Two ways: a. Divide the 30,000 by the sum of the ratios (3) and multiply the result by the ratio bet. them of each heir. 30,000/ 3 = 10,000. A = 2 x 10,000 = 20,000 B = 1 x 10,000 = 10,000 b. Multiply 30,000 by the ratio of each heir with respect to the total ratio. A = 2/3 x 30,000 = 20,000; B = 1/3 x 30,000 = 10,000 4. Add the result in number 3 to what they initially received. A = 20,000 + 20,000 = 40,000; B = 10,000 + 10,000 = 20,000. Note: If you want another way to compute: 1. Get the LCD between A and B. In this case 6. A = 2/6, B = 1/6 2. Get the ratio between A and B. In this case, 2 : 1, A = 2/3, B = 1/3 3. Multiply the original share of C by the ratio in 2. A = 2/3 x 1/2 = 2/6, B = 1/3 x 1/2 = 1/6 4. Add the result in number 3 to their original shares. A = 2/6 + 2/6 = 4/6, B = 1/6 + 1/6 = 2/6 5. Multiply the result in number 4 by the value of the estate. A = 4/6 x 60,000 = 40,000; B = 2/6 x 60,000 = 20,000. Art. 862. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless the testator has expressly provided the contrary, or the charges or conditions are personally applicable to the heir instituted. Balane: In substitution, the 2nd heir takes the place of the first heir. A kind of subrogation. As such, the general rule is: The second is subject to the same charges and conditions as the first Exceptions: 1. Testator has expressly provided the contrary. 2. Charges and obligations are personally applicable to the first heir. The article does not only cover charges and conditions but also the rights of the first heir, subject to the same exceptions. Art. 863. A fideicommissary substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance, shall be valid and shall take effect, provided such substitution does not go beyond one degree from the heir originally instituted, and provided, further, that the fiduciary or first heir and the second heir are living at the time of the death of the testator. Balane: Four Elements of a Fideicommissary Substitution: 1. There must be a first heir or fiduciary. For the substitution to operate, the first heir receives property, either upon the death of the testator or upon the fulfillment of any suspensive condition imposed by the will. As distinguished from a simple substitution where the second heir receives property only upon default of the first heir. First heir does not receive the property. 2. An absolute obligation is imposed upon the fiduciary to preserve and to transmit to a second heir the property at a given time. a. Essence of a fideicommissary substitution-- dual obligation. b. "Given time."-- Provided by the testator; if not, then it is understood that the period is the lifetime of the fudiciary. PCIB v. Escolin.-- In the case, the spouses executed reciprocal wills. It provided that the share in the conjugal assets will pass to the surviving spouse and that the surviving spouse can do whatever he or she wants with the inheritance, even sell it, and if there is any residue from the inheritance from the other spouse upon the death of the surviving spouse, it shall pass to the brothers and sisters of the spouse who first died. The wife died first. The husband did not liquidate the conjugal assets bec. he was the sole heir of his wife. Upon the husband's death, it is now questioned whether there is any residue from the wife's estate that could pass to her brothers and sisters. PCIB, (and the) administratrix of the husband claims that: (1) There was no fideicommissary substitution bec. there was no obligation upon the husband to preserve and transmit the prop. to the brothers and sisters of the wife as seen in his authority to sell the property, and (2) since there was an invalid attempt to make a substitution, then the testamentary disposition is void and there can be no transmission of rights to the brothers and sisters. The SC agreed w/ contention no. 1 on the same ground. The second requisite was absent and there could be no ficeicommissary substitution. With regard to the second contention, the SC disagreed. The SC said there was a simultaneous substitution. The institution of the husband was subject to a resolutory condition while the institution of the brothers and sisters was subject to a suspensive condition. Both conditions are one and the same. It is the existence in the husband's estate of assets he received from his wife at the time of his death. If there is, the husband's right to the residue is extinguished upon his death while the right of the brothers and sisters vests at the same d. Scaevola.-- Characterized the situation as a legacy or devise of the residue. 3. There is a second heir who must be one degree from the first heir. a. "One generation." Does it refer to the degree of relationship or number of substitution? It refers to the degree of relationship. See Palacios v. Ramirez. However, fideicommissary substitutions are also limited to one transmission. Upon the lapse of time for the first heir, he transmits the property to the second heir. They cannot be any more fideicommissary substitution coming from the same testator. In other words, there can only be one fideicommissary transmission such that after the first, there can be no second fideicommissary substitution. Palacios v. Ramirez.-- In the case, 2/3 of the usufruct of the free portion was given to Wanda, w/ 2 other persons not related to her as her substitutes by way of simple and fideicommissary substitution. Her grandnephews object on the ground that there could be no fideicommissary substitution bec. the substitutes were not w/in one degree of each other. The SC agreed w/ the nephews. It said, quoting Tolentino, that one degree refers to one generation. As such, the fideicommissary can only be either a parent or child of the fiduciary. 4. The first and second heir must both be living and qualified at the time of the death of the a. From the moment of the death of the testator, the rights of the first and second heir are vested. (look at Art. 866.) b. Nature of right of first heir.-- Similar to usufruct.-- Possessory and enjoyment rights w/o right to alienate. If fiduciary is able to register the property in his name, fideicommissary should annotate his claim on the land on the title to protect himself against any alienations in favor of innocent third parties. Balane disagrees w/ Tolentino that there can be no successive fideicommissaries or several transmissions. If this is allowed, chaos will result if the fideicommissaries die. You will not know who will get the property and that the property may be tied up for centuries.. Art. 864. A fideicommissary substitution can never burden the legitime. Balane: In fact, no testamentary disposition can burden the legitime bec. legitime is transmitted by operation of law upon the death of the testator. Art. 865. Every fideicommissary substitution must be expressly made in order that it may be valid. The fiduciary shall be obliged to deliver the inheritance to the second heir, without other deductions than those which arise from legitimate expenses, credits and improvements, save in the case where the testator has provided otherwise. Balane: There are 2 ways of making a fideicommissary substitution: 1. By naming it.-- "I institute A to 1/2 of my estate, and by way of fideicommissary substitution, I institute B as his substitute." 2. By imposing upon the fiduciary the obligation to preserve and transmit.-- "I institute A to 1/2 of my estate and impose upon him the obligation to preserve and to transmit the same to B upon his return." Art. 866. The second heir shall acquire a right to the succession from the time of the testator's death, even though he should die before the fiduciary. The right of the second heir shall pass to his heirs. Balane: This relates to the fourth requisite of fideicommissary. At the time of the testator's death, right of the first and second heir become vested. Art. 867. The following shall not take effect: (1) Fideicommissary substitutions which are not made in an express manner, either by giving them this name, or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir; (2) Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit fixed in article 863; (3) Those which impose upon the heir the charge of paying to various persons successively, beyond the limit prescribed in article 863, a certain income or pension; (4) Those which leave to a person the whole or part of the hereditary property in order that he may apply or invest the same according to secret instructions communicated to him by the testator. Balane: Reasons why they will not take effect: 1. Relate to Art. 865, par. 1. It will not take effect as a fideicommissary substitution but may take effect as something else. 2. This is not a fideicommissary but a prohibited institution. a. Perpetual prohibition will freeze the property w/c is against public policy. b. Temporary prohibition is allowed but cannot go beyond the limit in Art. 863-- limit is the death of the fiduciary. Cannot prohibit alienation beyond the death of the fiduciary. When the property goes to the second heir, there is no more prohibition. Commentators say that it refers to Art. 870 rather than Art. 863. They contend that the limit is 20 yrs. In such a case, the contention is valid if you do not make it applicable to substitutions. Q: If you prohibit for 30 yrs., what will happen? A: There are 2 answers. 1. The whole period is void. 2. Only the first 20 years is valid. (Balane agrees w/ this.) 3. Attempt to circumvent one degree limitation of fideicommissary substitution. E.g., "I give 1/3 of my estate to X and impose upon him the obligation to give a P5,000 pension to A and in A's death, to A's son." This is allowed. But if this is extended to the son of the son of A, then it won't be allowed. The first and second recipient must be w/in one degree. But it cannot extend beyond the second recipient. 4. Dummy provision. This is usually used as a means to circumvent some prohibition of law. Example, Prohibition of giving to paramour A has a paramour X. A gets B as a dummy. Because of the prohibition of giving to a paramour, they agree between themselves that A will leave to B a devise and from its profits B will give X. So A pretends to name B as heir. But in reality, such institution is for the benefit of a. In such a case, the institution will not benefit X. Even if X shows a written agreement bet. A and B, it cannot be enforced bec. it is contrary to law. b. As regards B, he can keep the inheritance even if he double-crosses A. A instituted B at his own risk that he may be double-crossed by B. Too bad for X. Art. 868. The nullity of the fideicommissary substitution does not prejudice the validity of the institutions of the heirs first designated; the fideicommissary clause shall simply be considered as not written. Balane: The nullity of the fideicommissary substitution will not affect validity of institution of the first heir. E.g., "I hereby institute A to 1/3 of my estate under obligation to preserve and to transmit the same to B upon his death." a. If institution of B is invalid, what will happen to the institution of A? Valid. Institution of A is valid w/o substitution. b. If the institution of A is invalid, what will happen to the institution of B? The law does not provide. Think about it. Art. 869. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. If he gives the usufruct to various persons, not simultaneously, but successively, the provisions of article 863 shall apply. Balane: This is similar to Art. 867, par. 3 Example, "I give to A naked ownership, and to B the usufruct and upon B's death, to his son C." This is valid. W/in the limit of Art. 863. If it goes to the son of the son of B, then it is Note: Just as there can be a substitution w/ regard to the usufruct, there can also be a substitution w/ regard to the naked ownership. Art. 870. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. Balane: This has nothing to do w/ substitution. It refers to simple institution of heir, devisee or legatee. Q: Can it go beyond 20 yrs? 1. No. The whole period is void. 2. No. But valid only for the first 20 years. Section 4.-- Conditional Testamentary Dispositions and Testamentary Dispositions With a Term Articles 871-875 talk of three things: Testamentary dispositions with a-- 1. Condition 2. Term-- certain as to time or certain as to occurrence 3. Mode a. Similarity between condition and term.-- Both refer to a future event. Difference between condition and term.-- A condition is uncertain; a term is certain. b. Mode is not included in the title of the section .-- An oversight. c. Rationale for right to make either of the three: 1. Right stems from the right of freedom to dispose of his property mortis causa. If he can dispose of his property mortis causa, then he can certainly impose either a condition, term or mode. 2. Same principle as substitution Simple substitution-- special kind of condition Fideicommissary-- Institution subject to some encumbrance d. The arrangement of this Section is disorganized. To rearrange: 1. General Provisions-- applies to all three-- Articles 871 and 872. 2. Condition.-- Articles 873 to 877, 879 to 881, 883, par. 2, 884 3. Term.-- Articles 878, 885 4. Mode.-- Articles 882, 883 par. 1 Art. 871. The institution of an heir may be made conditionally, or for a certain purpose or cause. Balane: This gives the testator the right to make these dispositions. The article did not include an institution with a term. This is an oversight. Art. 872. The testator cannot impose any charge, condition or substitution whatsoever upon the legitimes prescribed in this Code. Should he do so, the same shall be considered as not imposed. Balane: General limitation: The testator cannot impair the legitime. Why? Bec. the testamentary disposition is based on the power to dispose mortis causa. Legitimes, on the other hand, are passed by operation of law. This is repeated in Art. 904. 2. Conditions. Balane: A suspensive condition gives rise to the right if it happens. A resolutory condition extinguishes the right if it happens. Kinds of Conditions: 1. Impossible Conditions. Art. 873. Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide. Balane: Impossible conditions include those w/c are illegal, against public order and public Effect: It nullifies the condition. The condition is deemed as not imposed. The testamentary disposition becomes pure, absolute and unconditional. Compare with donations (Art. 727.) and onerous obligations (Art. 1183.) Art. 727. Illegal or impossible conditions in simple and remuneratory donations shall be considered as not imposed. Art. 1183. Impossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. If the obligation is divisible, that part thereof which is not affected by the impossible or unlawful condition shall be valid. Nullifies the Condition Nullifies the Obligation a. Testamentary dispositions a. Onerous obligations b. Donations. Why the difference? Testamentary dispositions and donations are acts of liberality. The moving factor is liberality. If you take away the impossible condition, the moving factor still exists, the liberality. While in onerous donations, the condition is an element of cause. If the condition is impossible, there is a failure of cause. This results in a void obligation. E.g., "I sell you my car if you impregnate the great blue bear of Antartica and if you pay me P10,000." Since there is an impossible condition, there is a failure of cause. Since there is no cause, then the obligation is 2. Condition Prohibiting Marriage. Art. 874. An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been imposed on the widow or widower by the deceased spouse, or by the latter's ascendants or descendants. Nevertheless, the rights of usufruct, or an allowance or some personal prestation may be devised or bequeathed to any person for the time during which he or she should remain unmarried or in widowhood. Balane: Distinguish.-- 1. If the condition is on the first marriage.-- The condition is considered as not imposed. E.g., "I give 1/3 of my estate to A if she does not get married." The condition is 2. If the condition is imposed on the second marriage.-- General rule: The condition is deemed as not imposed. Exception: Valid if imposed by: (a) spouse; (b) ascendants of spouse; (c) descendants of spouse. Example: General rule: "I give 1/3 of my estate to Mr. A on the condition that if he should be widowed, he will not get married." The condition is deemed as not imposed here. Exception: "I give the entire free portion of my estate to my husband A on the condition that if I predecease him, he will not get married." The condition is valid in this case. Other Situations: 1. What about a condition to contract marriage? Valid bec. it is not prohibited and by contrary implication. 2. What about a condition to enter into religious life? Valid. 3. What about a condition to renounce a religion? Not valid. The second paragraph relaxes the rule to go around the prohibition of the first par. E.g., "I give A a pension of P10,000 during the entire time she is single." This is a valid condition. Art. 875. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. Balane: E.g., "I give 1/3 of my estate to A provided he makes a will instituting me (or B) as heir." The disposition is void. Why? a. It is against public policy bec. it impairs the voluntariness of wills; b. It is against revocability: If you can alter your will after receiving, then it is a breach of good faith. But if the testator is not allowed to alter the will, the condition is against revocability. Either option is unacceptable. Consider (the article) restrictively.-- Limit it to cases where the beneficiary is to make a will instituting the testator or a third person. 4. Suspensive Conditions. Art. 876. Any purely potestative condition imposed upon an heir must be fulfilled by him as soon as he learns of the testator's death. This rule shall not apply when the condition, already complied with, cannot be fulfilled again. Art. 877. If the condition is casual or mixed it shall be sufficient if it happen or be fulfilled at any time before or after the death of the testator, unless he has provided Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that it can no longer exist or be complied with again. . Art. 879. If the potestative condition imposed upon the heir is negative, or consists in not doing or not giving something, he shall comply by giving a security that he will not do or give that which has been prohibited by the testator, and that in case of contravention he will return whatever he may have received, together with its fruits and interests. Art. 883. xxx If the person interested in the condition should prevent its fulfillment, without the fault of the heir, the condition shall be deemed to have been complied with. Balane: There are Three Kinds of Suspensive Conditions: 1. Purely Potestative.-- The fulfillment of the condition depends solely upon the will of the heir, devisee or legatee. E.g., "I give my entire free portion to Erap should he shave his moustache." General rule: The condition must be fulfilled as soon as the heir learns of the testator's Exception: If the condition has already been fulfilled and it cannot be fulfilled again, the condition is deemed fulfilled. Constructive compliance is applicable. 2. Casual.-- The fulfillment of the condition depends solely on chance or on the will of a third E.g., "I give X, 1/3 of my estate should Mayon erupt one year from now." 3. Mixed.-- The fulfillment of the condition depends partly on chance and partly on the will of the heir, devisee, or legatee. E.g., "I give one million to A provided he sets up a foundation for the victims of the next eruption of Mayon." Rules for casual and mixed conditions: General rule: The condition may be fulfilled any time, either before or after the testator's death unless the testator provides otherwise. Why? It is not w/in the heir, devisee or legatee's control. Qualification: If condition is already fulfilled at the time of the execution. a. Testator is unaware-- The condition is deemed complied w/ or fulfilled. b. Testator is aware.-- (1) If the condition can no longer be fulfilled again, it is deemed fulfilled; (2) If the condition can still be fulfilled, fulfill it again. Rules for Constructive compliance.-- That when the heir, devisee or legatee has done everything to comply w/ the condition but the condition still does not happen. 1. Purely potestative.-- Applicable. 2. Casual.-- Not applicable. 3. Mixed.-- a. By will - (1) Person interested - applicable (2) Person not interested - not applicable b. By chance.-- Not applicable. 5. Other Provisions. Art. 880. If the heir be instituted under a suspensive condition or term, the estate shall be placed under administration until the condition is fulfilled, or until it becomes certain that it cannot be fulfilled, or until the arrival of the term. The same shall be done if the heir does not give the security required in the preceding article. Balane: If the suspensive condition is not fulfilled, place the estate under administration until: 1. The condition is fulfilled, in w/c case the estate should be given to the instituted heir; 2. It becomes obvious that it cannot be fulfilled, in w/c case, the estate should be given to the intestate heirs. E.g., "I give a car to A when he places first in the bar." Testator dies while A is still taking law. The car is put under administration until: (1) A tops the bar, in w/c case the car should be given to him; or (b) A dies while reviewing in w/c case, the car should be given to the intestate heirs bec. the condition has become obviously impossible of being fulfilled. Art. 881. The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the rights and obligations of the administrator shall be governed by the Rules of Court. Art. 884. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Balane: Rules on conditional obligations will apply suppletorily. Articles 1179 to 1192. 3. Term. Art. 878. A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights and transmitting them to his heirs even before the arrival of the Balane: This is founded on the principle that the right of the heir instituted subject to a term is vested at the time of the testator's death-- he will just wait for the term to expire. The heir must survive the testator. If the heir dies after the testator but before the term expires, he transmits his rights to his own heirs bec. of the vested right. E.g., "I give P1M to X, five years after my death." Compare this w/ conditional.-- Art. 1034, par. 3-- Qualification of heir-- The heir must be alive and qualified at the time of the testator's death and when the condition happens. Art. 885. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid. In both cases, the legal heir shall be considered as called to the succession until the arrival of the period or its expiration. But in the first case he shall not enter into possession of the property until after having given sufficient security, with the intervention of the instituted heir. Balane: What happens when the testator dies? Distinguish between: 1. Suspensive (ex die)-- give it to the intestate heirs for them to enjoy but in order to protect the right of the instituted heir, intestate heirs must put up a bond (caucion muciana.) 2. Resolutory (in diem.)-- Give it to the instituted heirs but when the term arrives, he must give it to the intestate heirs. The instituted heir does not have to file a bond. 4. Mode. Art. 882. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention. That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive, together with its fruits and interests, if he or they should disregard this obligation. Balane: A mode is an obligation imposed upon the heir to do or to give something. E.g., "I give 1/3 of me estate to A but impose upon him the obligation to pay for my son's education." A condition suspends but does not obligate while a mode obligates but does not suspend. 1. In case of doubt between a mode and a condition, resolve in favor of mode. 2. In case of doubt whether a mode exists, resolve in favor of it being a request. Art. 883. When without fault of the heir, an institution referred to in the preceding article cannot take effect in the exact manner stated by the testator, it shall be complied with in a manner most analogous to and in conformity with his wishes. Balane: A caucion muciana is a security to be put up to protect the right of the heirs (who would succeed to the property) in case the condition, term or mode is violated. Instances when it is needed: 1. Suspensive condition.-- Art. 885. 2. Negative potestative condition.-- Art. 879. 3. Mode.-- Art. 882, par. 2. Section 5.-- Legitime. Balane: Legitime comes a French word w/c means "legitimate share.." This was derived from the Spanish Civil Code but was simplified. There are 3 kinds of Systems: 1. Partial Reservation.-- set aside for compulsory heirs 2. Common law-- no reservation except for support 3. Total reservation-- everything is set aside. For the Phils., we have partial reservation. New Civil Code Spanish Civil Code Legitimes/ Free portion | Short Mejora Free Portion | Legitime Betterment | ____________________________________ Abolished mejora bec.: | goes to the goes to the 1. It opened abuses and gave | children in children but parents power to influence/ | equal shares the testator has blackmail their children; | freedom as to | how the chil- | dren will share | it. 2. It was a system our people | \ / never applied nor understood. | \ / | Long Legitime _____________________________|_________________________________________ Art. 886. Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs. Balane: 1. There is compulsion on the part of the testator to reserve that part of the estate w/c corresponds to the legitime. The law sets a fractional portion of the estate aside for the compulsory heirs. The law does not specify w/c prop. to reserve but only sets aside a fractional portion of the estate. There is no obligation on the compulsory heirs to accept. 2. The prohibition imposed on the testator is that he is prohibited from making gratuitous disposition: (a) testamentary disposition mortis causa; (b) donation inter vivos Only the legitime is reserved. The free portion may be disposed of by will. E.g., A is married to B. They had a child C. A owns lot worth P5M. a. A sells the lot to D for P5M. This is valid. The prohibition does not cover an onerous disposition bec. this involves an exchange of values. b. A donates to D. This is not valid if it impairs the legitime of B and C. Art. 887. The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (3) The widow or widower; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in article 287. Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another. In all cases of illegitimate children, their filiation must be duly proved. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. Balane: There are Five (5) kinds of Compulsory heirs: 1. Legitimate children and descendants 2. Legitimate parents and ascendants 3. Widow or widower 4. Acknowledged natural children, and natural children by legal fiction 5. Other illegitimate children Under the Family Code, there is no more distinction between acknowledged natural children and illegitimate children. They are all considered as illegitimate. Rosales v. Rosales.-- In this case, the deceased was the mother-in-law of the plaintiff. The plaintiff's husband had predeceased his mother. The plaintiff widow seeks a share in her mother-in-law's estate claiming she is a compulsory heir being a widow. The SC denied her claim bec. the widow in the law refers to the widow of the deceased and not of a relative of t he Three Kinds of Relationship Among Compulsory Heirs: 1. Primary.-- Legitimate children, and in their absence, legitimate descendants. They are primary bec. they are absolutely preferred, and they exclude the secondary. 2. Secondary.-- Legitimate parents, and in their absence, legitimate ascendants They inherit only in the absence of default of the primary. 3. Concurring.-- Surviving spouse and illegitimate children. They get their legitime together w/ the primary or secondary heirs. Neither exclude primary or secondary heirs nor each other. Except: Illegitimate children exclude illegitimate parents. Articles 888 to 903. Different Combinations I. According to Tolentino (all shares are w/ respect to the whole estate unless otherwise provided.) 1. Legitimate children 1/2, in equal portions, whether they survive alone or with concurring compulsory heirs. (Art. 888.) 2. One legitimate child -- 1/2 (Art. 888.) Surviving spouse -- 1/4 (Art. 892, par. 1.) 3. Legitimate children -- 1/2, in equal portions (Art. 888.) Surviving spouse -- share equal to that of each child (Art. 892, par. 2.) 4. Legitimate children -- 1/2, in equal portions. (Art. 888.) Natural children -- 1/2 the share of each legitimate child (Art. 895, par. 1.) * 5. Legitimate children -- 1/2, in equal portions. (Art. 888.) Illegitimate children -- 2/5 the share of each legitimate child (Art. 895, par. 2.) * 6. Legitimate children -- 1/2, in equal portions. Natural children -- 1/2 of the share of a legitimate child. (Art. 895, par. 1.) Illegitimate children -- 4/5 of the share of each natural child. (Art. 895, par. 2.) * 7. One legitimate child -- 1/2 (Art. 888.) Illegitimate children -- 4/5 of the share of a natural child. (Art. 895, par. 2.) NOTE: All concurring heirs get their share from the free portion. The surviving spouse will be preferred over the natural and illegitimate children, whose share may suffer reduction pro rata. (Art. 895, last par.) Surviving spouse -- share equal to that of a legitimate child. (Art. 892, par. 2, 897, 898.) 9. Legitimate parents -- 1/2, whether they survive alone or w/ concurring compulsory heirs. (Art. 889.) 10. Legitimate parents -- 1/2 (Art. 889.) Natural children -- 1/4, in equal shares. (Art. 896.) Illegitimate children -- 1/4, in equal shares (Art. 896.) * 12. Legitimate parents -- 1/2 (Art. 889.) Natural children ------- \ 1/4 (Art. 896) but each illegitimate child gets 4/5 of the share of each natural child (Art. 895 Illegitimate children --- / par. 2.) 13. Legitimate parents -- 1/2 (Art 889.) Surviving spouse -- 1/4 (Art. 893.) Natural children ------ \ 1/4 (Art. 896) but each illegitimate child gets 4/5 of the share of each natural child. (Art. 895, Illegitimate children -- / par. 2.) 15. Natural and/ or illegitimate children -- all together get 1/2 (Art. 901.) If all natural or all illegitimate, dive the portion equally. If some are natural and others illegitimate, each of the illegitimate child gets only 4/5 of the share of each natural child. (Art. 895, par. 2.) * 16. Natural and/ or illegitimate children -- 1/3 (Art. 894.), dividing it as in number 17. Surviving spouse alone -- 1/2 or 1/3 if the marriage is in articulo mortis and the deceased dies w/in 3 months after the marriage. (Art. 900.) 18. Illegitimate parents (natural or otherwise) alone -- 1/2 (Art. 903.) 19. Illegitimate parents -- none. (Art. 903.) Children or any class -- same as in nos. 1, 4, 6 and 15, as the case may be. 20. Illegitimate parents -- 1/4 II. According to Balane (all shares are w/ respect to the whole estate unless otherwise provided.) 1. 2 legitimate children -- 1/2 shared equally = 1/4 each Surviving spouse (hereinafter SS) -- 1/4 2. 5 Legitimate children -- 1/2 shared equally = 1/10 SS -- same share as in legitimate child = 1/10 OBSERVE: There is an inverse proportion between number of children and the share of the SS. 3. 1 leg. child -- 1/2 SS -- 1/4 General rule: SS gets share equal to 1 leg. child. Exception: If only 1 leg. child, SS gets 1/4 4. 2 leg. parents -- 1/2 shared equally 1 illeg. child -- 1/4 3 illeg. children -- 1/4 shared equally 7. 2 illeg. parents -- none 8. 1 adopted child -- 1/2 2 leg. parents -- none. 9. SS -- 1/3 10. SS -- 1/4 4 illeg. children -- 1/2 of the share of a leg. child = 1/8 each 2 leg. children -- 1/2 shared equally = 1/4 each If it exceeds the estate, ratably diminish the legitime of the illeg. children = 1/16 11. 2 illeg. parents -- 1/4 shared equally 12. 2 leg. children -- 1/2 shared equally SS -- share equal to 1 leg. child = 1/4 __ leg. parents -- none 13. 1 adopted child -- \ 1/2 shared 1 leg. child ------- / equally Illeg. parents -- none 1 adopted child -- 1/2 15. SS alone -- 1/2 except if the marriage is in articulo mortis, in w/c case the share is 1/3 a. Marriage is in articulo mortis b. Dies w/in 3 months c. Not lived together for 5 years d. Person who dies is the sick spouse 16. 1 adopted child -- 1/2 1 illeg. child -- 1/2 of the share of an adopted child = 1/4 17. 8 leg. children -- 1/2 shared equally = 1/16 1 illeg. child -- 1/2 of the share of a leg. child = 1/32 SS -- same as the share of 1 leg. child = 1/16 18. 8 leg. children -- \ 1/2 shared equally 1 adopted child - / = 1/18 each SS -- same share as 1 leg. child = 1/18 19. 1 leg. parent -- 1/2 22. 1 adopted child -- \ 1/2 shared equally 1 leg. child ------- / = 1/4 SS -- same share as a leg. child = 1/4 1 illeg. child -- 1/2 share of leg. child = 1/8 2 leg. or illeg. parents -- none Under the Family Code: 1. If the decedent died before the Family Code took effect -- leg. : natural : illeg. = 10 : 5 : 4 2. If the decedent died after the FC took effect -- leg. : illeg. = 2 : 1. Do not distinguish between natural and spurious. (conc)urring fraction -- 1/2 -- called basic legitime In most cases, there will be a group or single heir who will get 1/2 of the estate. Exceptions: (1) Art. 894. -- Illeg. children (1/3) and SS (1/3) (2) Art. 903. -- Illeg. parents (1/4) and SS (1/4) (3) Articles 900 -- SS alone in case of marriage in articulo mortis with the following requisites: a. Marriage in articulo mortis b. The spouse dies w/in 3 months c. They have not lived together for 5 years d. Spouse who dies is the sick spouse Example, A, in the ICU, is rich and dying of AIDS. B, who has not lived w/ A, accepts A's proposal of marriage. They get married in the hospital. After getting married, A lapses into a coma. The doctor sends B to buy the medicine. As B is crossing the street, she is run over by a bus and dies. A is the only compulsory heir of B. Is this the marriage in articulo mortis contemplated by the 3rd exception? No. The one who should die w/in 3 months should be A for the exception to apply. Rationale for the exception in number 3 -- It is the law's way of showing its distaste to marriages for convenience or for interest or gain. Exception to exception: If they have lived together for at least 5 years before the marriage. This shows that it was not only for interest. Now that one is dying, to reward the other spouse. Exception to number 3 -- Applies only if the wife is (the) only compulsory heir. Why? Bec. in other cases, she will always get less than 1/2. Does not also apply to intestacy if the wife is the only intestate heir. She will get the whole estate. In such a case, the testator was not given a change to make a will. If given a chance, he could have named other people. Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. Balane: 1. If there are legitimate children, they will get collective legitime of 1/2 of the estate. It does not say how they will divide the legitime. Commentators agree that they will divide the 1/2 equally regardless of age, sex, marriage of origin (whether 1st, 2nd, etc.) 2. Why descendants? Rule: Nearer excludes more remote. If there are children, they will exclude the more remote descendants, e.g., grandchildren When descendants? a. Right of representation exists b. All children renounce. Since all renounce, the next in line will inherit equally not by virtue of representation but bec. they are the nearest relatives in the descending line. /| /\ | \ e f gh i j a. If A, B and C renounce, grandchildren will inherit b. If only B renounces, legitime will be divided into 2 only, B's children cannot represent 3. Other half of the estate -- free portion. Subject to the free disposal of the testator. If not disposed of by the testator, then it will go by intestacy. Art. 889. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. Art. 890. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. Balane: Articles 889 and 890 -- Legitimate parents or ascendants alone -- 1/2 of the estate. A. Three rules: 1. Nearer excludes the more remote. No representation in the ascending line. A1 A2 B1 B2 a. If X dies, the legitime will be shared by the parents \ / \ / A and B bec. the nearer excludes the more remote. \ / b. If A predeceases X, B gets all. A1 and A2 will get \ / nothing bec. there is no right of representation in the \ / ascending line. 2. Division by (between the) lines -- 1/2 of legitime each to maternal and paternal (assuming that the nearest relatives in both sides are of the same degree.) Illustration (see illustration above.) a. If both parents predecease X, the nearest ascendants would be the grandparents. Division by line will apply. The estate will be divided equally bet. the maternal and paternal lines (1/4 of estate each.) Legitimes: A1 = 1/8, A2 = 1/8, B1 = 1/8, B2 = 1/8 b. If A1 predeceases X, there will still be equal division by lines. Both lines get 1/4 of the estate each. Legitimes: A2 = 1/4, B1 = 1/8, B2 = 1/8. NOTE: If one of the parents, either A or B, is alive, division by line will not apply. Rule 1 would apply where the nearer would exclude the more remote. The parent would exclude the grandparent. 3. Equal division w/in the line. B. How far up do you go? As far as possible as long as all lower ascendants are dead. The law does not limit but nature does. Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one- fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. Balane: A. Legitime of Surviving spouse: 1. If valid or voidable marriage -- Qualified. Spouse may inherit. 2. If legally separated, it depends: a. If innocent spouse -- not disqualified to inherit from the guilty spouse b. If guilty spouse -- disqualified to inherit from the innocent spouse. B. Rules as to legitime of the surviving spouse if concurring w/ legitimate children. 1. 1 leg. child -- 1/2 of estate SS -- 1/4 of estate 2. 2 or more leg. children -- 1/2 of estate shared equally SS -- share equal to that of a leg. child. C. "Or descendant" (all portions are in relation to the whole estate unless otherwise provided.) X ----------- Y (spouse) /| /|\ |\ 1. If B predeceases X A = 1/6 B's children = 1/18 per child C = 1/6 Y = 1/6 2. If B renounces A = 1/4 3. If A, B and C predecease 1 and 2 = 1/12 each --- representation 3, 4 and 5 = 1/18 each 6 and 7 = 1/12 each According to commentaries: Y's share is based on what the children would have received if they were alive. 4. If A, B and C renounce legitime of 1/2 is divided equally --- no representation between the 9 grandchildren Y = ? According to Tolentino, Y gets 1/6. Y's share is based on the number of children. To allow Y's share to be equal to a grandchild would give the children the opportunity to reduce the legitime of Y, especially if Y is only a stepmother. The problem in this case is when "or descendants" will apply. This issue is undecided. Art. 893. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate. This fourth shall be taken from the free portion of the estate. Balane: Combination: Legitimate parents or ascendants -- 1/2 (divide according to Art. 889 and Spouse -- 1/4 Free portion -- 1/4 Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. Balane: This is one of the exceptions to the basic rule of 1/2. Illeg. children -- 1/3 collectively = divided depending if the decedent died before (5 : 4) or after (equal) the Family Code. Surviving spouse -- 1/3 Art. 895. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. The legitime of an illegitimate child who is neither an acknowledged natural child , nor a natural child by legal fiction, shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied. Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (Family Code.) Balane: 1. Legitime of illeg. children affected by the Family Code. a. If before -- 10 : 5 : 4 b. If after -- 2 : 1 2. Combination: Leg. children -- 1/2 collectively Illeg. children -- 1/2 of the share of a leg. child each SS -- share is equal to that of 1 leg. child. 3. Illustration: X---------Y / | After the Family Code. a. A = 1/4 b. If there is a third illeg. child, E B = 1/4 A = 1/4 Y = 1/4 B = 1/4 Legitime exceeds estate C = 1/8 Y = 1/4 D = 1/8 C = 1/8 \ D = 1/8 - Reduce proportionally E = 1/8 / C = 1/12 D = 1/12 E = 1/12 Art. 896. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken from the portion at the free disposal of the testator. Leg. parents -- 1/2 divided according to Art. 889 and 890 Illeg. children -- 1/4 collectively divided according to whether decedent died before or Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled a portion equal to the legitime of each of the legiti mate children which must be taken from that part of the estate which the testator can freely dispose of. Balane: This is a repetition of Art. 895. Art. 898. If the widow or widower survives with legitimate children or descendants, and with illegitimate children other than acknowledged natural, or natural children by legal fiction, the share of the surviving spouse shall be the same as that provided in the preceding Balane: This is the same as Art. 895. The FC has simplified this. Art. 899. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one- eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. The testator may freely dispose of the remaining one- eighth of the estate. Balane: This shows how arbitrary legitime scheme is with regard to the surviving spouse. Leg. parents -- 1/2 divided according to Articles 889 and 890 Illeg. children -- 1/4 divided depending on when the decedent died Art. 900. If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose of the other half. If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the testator died within three months from the time of the marriage, the legitime of the surviving spouse as the sole heir shall be one-third of the hereditary estate, except when they have been living as husband and wife for more than five years. In the latter case, the legitime of the surviving spouse shall be that specified in the preceding Balane: Legitime of surviving spouse when he/ she survives alone: General rule -- 1/2; Free portion -- 1/2 Exception -- Marriage in articulo mortis -- 1/3; Free portion -- 2/3 Art. 901. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half of the hereditary estate of the deceased. The other half shall be at the free disposal of the testator. Balane: Illeg. children -- 1/2 divided either equally (decedent died after the FC) or 5 : 4 (decedent died before the FC.) Art. 902. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. /\ / a1 a2 b1 b2 1. A is legitimate while B is illeg. Both A and B predeceased X. A left a1, a leg. child and a2, an illeg. child. B left b1, a leg. child and b2, an illeg. child. Who will inherit and not inherit when X dies? A1 can inherit from X by representation. A2 cannot inherit from X in either intestate or compulsory succession because of Art. 992 w/c provides that an illegitimate cannot inherit ab intestado from the legitimate relatives of the father or mother and vice-versa This results in inconsistency and unfairness. (Art. 902) read with Art. 992 puts a premium on bastardness. Preference is given to bastard children of bastard children as compared to bastard children of legitimate children. 2. If both A and B are dead. Who can X inherit from? a1 dies -- X can inherit. a2 dies -- X cannot inherit because of Art. 992 b2 dies -- X cannot inherit. In illegitimacy, you cannot go beyond the parent in b1 dies -- Unknown. The law is silent on this. Art. 903. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse, nor illegitimate children, is one- half of the hereditary estate of such illegitimate child. If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one- fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth Balane: There are 2 combinations: 1. Illeg. parents -- 1/2 does not go beyond illeg. parents unlike Articles 899 and 890. 2. Illeg. parents -- none Leg. or illeg. children -- depending on who is left Rules: a. Only leg. children exclude leg. parents b. Any kind of children exclude illeg. children. Reserva Troncal. Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and who belong to the line from which said property came. Balane: History of Reserva Troncal: In the old law, there were 2 reservations: 1. Viudal -- "ordinaria", Art. 968, OCC 2. Troncal -- "lineal," "familial," "extraordinaria," Art. 811 of the OCC In addition: Reversiones 1. Legal -- Art. 812 2. Adoption -- Rules of Court Reservations.-- Property set aside for a group of people who are limited to persons related from whom it came Reversiones.-- Property goes back to the person from whom it came. The Code Commission abolished all 4. In the floor of Congress, there was a last minute amendment to include reserva troncal. In 1963, PD 613 revived reversion adoptiva. But this was eliminated by the Family Code. Now, only reserva troncal remains. 1MS 3R \ / \ 2P 4R 1MS (Mediate Source) ---- gratuitous title ---- 2P (Prepositus) --- by operation of law --- 3R (Reservista/ reserver) --- 4R (Reservatorios/ reservees) I. Purpose of Reserva Troncal Gonzales v. CFI.-- The purpose of reserva troncal is to return the property to where it originated and from where it strayed due to the accident of marriage. "Accident" here means unforeseen development. 1. Feudal a. Underlying concept.-- Property should stay w/ the family because it has stayed w/ them for so long and marriage should not be allowed to cause that property to leave that b. To prevent the property from leaving the family through the accident of marriage. E.g., X ---------- Y Property from X's family. X dies, property goes to A. A dies, property goes to Y. The property may end up w/ Y's family. 2. This is not good a. It impairs the free circulation of property b. Underlying philosophy is bad-- outdated, aristocratic. II. Requisites Chua v. CFI.-- 1. The property was acquired by a person from an ascendant of from a brother or sister by gratuitous title. 2. Said person died without legitimate issue. 3. The property is inherited by another ascendant by operation of law. 4. There are relatives w/in the third degree belonging to the line from w/c said property came. 1. "descendant" -- applies only if one got it from an ascendant; but what if one got it from a brother; it should have been "by a person or individual" 2. Individual died without legitimate issue. "Issue" here means children or descendants. If w/ legitimate issue, this will not apply but will go to legitimate descendants. If w/ legitimate issue but they all renounce, the individual dies as if there was no legitimate issue 3. "Operation of law" means legal or compulsory succession. III. PROCESS. A \ B / \ C 1. A = 1MS -- 2P a. MS -- either only an: (1) ascendant \ -- of 2P (2) brother or sister / b. MS to P -- by gratuitous title -- either: (1) donation (2) succession Chua v.s CFI.-- As long as the transmission to the heir is free from any condition imposed by the deceased himself and the property is given out of pure generosity, it is gratuitous. Even if the Court ordered the heirs to pay Standard Oil, it is still gratuitous. If the expense or charge is just incidental, it is still considered gratuitous. E.g., "I give you my house provided you pay the mortgage." This is still gratuitous but you subtract the value of what you paid. 2. B = 2P -- 3R Operation of law: (a) compulsory succession (b) intestate succession Cannot be by: (a) testate succession (b) donation Reserva troncal commences at this point. 3. C = 3R -- 4R This is a consequence of reserva troncal This occurs when the reservista dies Reserva troncal ends here. IV. NATURE 1. Of right of the reservista over the reserved property. Edroso v. Sablan.-- a. Reservista's right over the property is that of ownership b. Reservista's right is subject to a resolutory condition which is that the reservatorios exist at the time of the reservista's death. If there are, the reservista's right terminates and the property will pass to the reservatorios. c. Reservista's ownership is alienable but subject to the same resolutory condition. The buyer's ownership is subject to the same resolutory condition. d. Reservista's right of ownership is registrable. ["Uncle German: -- "germanus" -- coming from the same seed; later came to mean "brother."] Error in the case: The case said "reservatorios cannot dispose of the expectancy." According to the Sienes case, supra., which is correct, the expectancy can be alienated. 2. Of right of the reservatorios over the reserved property. Sienes v. Esparcia.-- a. Reservatorious right over the property during the life of the reservista is a mere expectancy. b. The expectancy is subject to a suspensive condition which is that the reservatorio is alive at the time the reservista dies c. The right of expectancy can be alienated but it will be subject to the same suspensive d. The right of expectancy is registrable. It must be annotated at the back of the title to protect the reservatorios from innocent purchasers for value. Errors in the case: 1. The case said the "right of reservista is subject to a double resolutory condition." -- (a) death of the reservista; and (b) survival or reservatorio However, the death of the reservista is a term. It should be the "right of (the) reservatorio is subject to a suspensive condition." 2. The case said that "alienation by (the) reservatorios is subject to a resolutory condition." It should read "suspensive condition." V. PARTIES. A. Four Parties. 1. Mediate Source.-- Either an ascendant or a brother or sister of the prepositus. a. If ascendant, there is no problem. You know from what line the property came b. If brother or sister and full or half blood. (i) If half blood, no problem. You know what line the property came (ii) If full blood, there is a problem. How will you what line it came JBL Reyes.-- Reserva troncal applies only to half blood brothers and sisters. You cannot determine the line if it is of full blood. Manresa.-- It should apply regardless of whether it is of full or half blood. The law does not distinguish. What line do you apply it to? You cannot apply it to either line as long as it is within the third degree. Why? The purpose of the law is not only to bring back the property to the line (curative) but also to prevent it from leaving the E.g. A----------B Y to X. A is dead. X dies, so the property goes to B. B remarries. The property is lost. Manresa's view is the accepted view. 2. Prepositus.-- Either a descendant, or brother or sister of the mediate source. He is the central figure in the reserva troncal because: a. At the time he receives the property, he becomes the absolute owner. He can prevent reserva troncal from happening. How? By preventing it from going to an ascendant by operation of law. How? 1. By selling it. Dispose of a potentially free portion property (even by pacto de retro.) 2. Give it to an ascendant by donation, devise, legacy or testamentary b. He is the basis or point of reference for the third degree relationship. Note: There is no reserva troncal yet while the property is in the hands of the prepositus. 3. Reservista-- called "ascendant reservista." He must be another ascendant other than the mediate source if the mediate source is an ascendant. Reserva troncal begins once the reservista inherits the property. He is bound by the obligations. Q: Must the ascendant-reservista belong to a line similar to the mediate source or should he be from a different line? E.g., X----------Y X donates to C. C dies and it goes to A. | 1MS -- X A----------B 2P -- C | 3R -- A ? Is there reserva troncal? 1. No. The property never left the line. 2. Yes. There is no requirement in Art 891 that the 1MS and 3R must belong to different lines. This is the view accepted by the majority of commentators. 4. Reservatorios -- class or group a. Requirements: 1. Must be w/in the third degree from the prepositus. 2. Must be from the line from w/c the property came 3. Must be related by blood to the mediate source. (According to commentators.) E.g., A----------A1 B----------B1 (Reservista) C (Prepositus) B died. Upon A's death, C inherits from A. Upon C's death, the property is transmitted to B1. Is A1 a reservatorio? Following the 3 requisites: 1. Yes. 3. No. A1 is not related by blood to the mediate source. b. Reservation.-- in favor of a class. It is not required that reservatorios be living at the time of the prepositus' death but required to be alive at the time of the death of the reservista. Why? Bec. reservation is in favor of a class. As long as you belong to the class when the reservista dies, then you are a reservatorio. c. How do they inherit w/in the class? Padura v. Baldovina.-- Apply the rules in intestate succession: a. Nearer excludes the more remote. b. Representation in favor or nieces for predeceased brother c. Proportion of 2 : 1 between full and half blood nephews and brothers. However, there is no representation in the case bec. there are no other brothers. However, the ratio of 2 : 1 is maintained. Florentino v. Florentino.-- Representation only in favor of nephews and nieces of deceased brothers and sisters of the prepositus. The case is wrong, however, when it did not distinguish between full and half blood nephews and nieces. B. Three relationships 1. Mediate Source.-- Prepositus-- ascendant or brother or sister 2. Prepositus.-- Reservista -- descendant - ascendant relationship 3. Reservatorio -- Reservista Mediate Source -- blood relation Prepositus -- within the 3rd degree All relationship must be legitimate. In effect, this requirement punishes legitimate relations bec. if the relation is illegitimate, there is no obligation to reserve. IV. PROPERTY. A. In order for reserva troncal to exist, property from 1MS --- 2P and from P -- R must be What kind of property? Any kind, whether real or personal, as long as it is the same property. What about money, can it be reserved? Yes. In money, the property is the purchasing power and not the bills. As such, the value of the money can be reserved. B. Special Problems MS R \ / MS dontes a piece of land to P worth P100,000. P then dies w/o legitimate issue. R is the morther of P. 1. If P had no will and the land is the only property in his estate, what is reserved? The whole land. Note: 1/2 to R as legitime 1/2 to R by intestacy. 2. If with a will that said "I give the free portion to my mother," what is reserved? One- half (1/2) of the land. 1/2 to R by will What is reserved is what R received as legitime (transferred by operation of law.) 3. If P acquired another piece of land worth P100,000 before he died and he did not have a will, what is reserved? The land from MS is reserved. 4. Same as number 3, but this time P died w/ a will stating "I give the free portion to my mother." What is reserved? Note: 1/2 to R as legitime = P100,000 1/2 to R by will = P100,000 Land from MS -- can be reserved Land subsequently acquired -- cannot be reserved. Two theories: a. Reserva maxima (maximum operation of reserva troncal) -- fit as much of reservable property as you can in the 1/2 by legitime. In the example, the whole land from MS is reservable. b. Reserva minima (followed by most commentators) -- Every item will pass according to ratios of the properties. In the example, 1/2 will pass as legitime and 1/2 by will for both pieces of land = 1/2 of land from MS is reservable. 5. If the land from MS is 100,000 and the land subsequently acquired is 60,000, and P died w/o a will, what is reserved? Note: 1/2 as legitime = 80,000 1/2 by intestacy = 80,000 a. Reserva Maxima - 8/10 of land from MS is reservable b. Reserva Minima - 1/2 of the land from MS is reservable 6. Same as number 6 but P had a will stating "I bequeath 1/4 of my estate to my Note: 1/2 as legitime = 80,000\ 3/4 by ope- 1/4 by intestacy = 40,000 / ration of law 1/4 by will = 40,000 a. Reserva maxima -- Whole land from MS is reservable b. Reserva minima -- 3/4 of land from MS is reservable Look at how much passes by operation of law. This arises only if: 1. P dies leaving property he got from MS by gratuitous title and other property from 2. P made a will instituting the reservista to part of the estate. VI. RIGHTS AND OBLIGATIONS OF THE PARTIES. Rights of Reservatorio Obligations of Reservista 1. To demand inventory and appraisal 1. To inventory and appraise 2. To demand annotation of reservable 2. To annotate reservable character of character of the prop. proper. w/in 90 days 3. To demand security/ bond 3. To give scurity/ bond Sumaya v. IAC -- It is jurisprudence only that states that there is an obligation to annotate. The other rights exist by analogy from the Old Code wherein similar rights existed for reserva viudal. VIII. Extinguishment 1. Death of reservista -- No more reserva troncal. The reservatorios get the property. If there are no reservatorios, the prop. shall form part of the estate of the reservista. It is a kind of delayed succession (JBL Reyes) from the prepositus. Cano v. Director -- The reserved prop. does not form part of the reservista's estate if there are reservatorios 2. Death of all the reservatorios -- Reservista's title to the prop. becomes absolute and unconditional. 3. Fortuitous loss of the reserved prop. If the loss was due to the fault of the reservista, the security will answer for the property. 4. Waiver by all the reservatorios provided no reservatorio is subsequently born -- This is a tentative extinguishment bec. those subsequently born cannot be bound by the waiver. A waiver is personal. 5. Registration of the prop. under the Torrens system by an innocent purchaser for value wherein the reservable character of the prop. is not annotated on the title -- not really an extinguishment but more of a freeing of the prop. The reservista, however, is liable for the value of the prop. plus damages. 6. Extinctive prescription -- reservista adversely occupies the prop. or openly denies the reserva. 7. Merger -- Reservista can alienate -- but must be to all the reservatorios or if only to one, then merger takes place only w/ regard to that share. In settlement proceedings of the estate of the reservista, reservatorios may enter a claim to exclude the prop. from the inventory. Reservatorios can also file an accion reivindicatoria. However, this is usually consolidated w/ the settlement proceedings. Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. Neither can he impose upon the same any burden, encumbrance, condition, or substitution of any kind whatsoever. Par. 1.-- The testator cannot deprive his compulsory heirs of their legitime. Otherwise, he will preterit them or disinherit them ineffectively. Par. 2.-- See Art. 864 and 872. The principle is that the testator has no power over the a. Art. 238.-- Family home-- Ten (10) years. b. Art. 1080.-- Partition inter vivos of will c. Art. 1083.-- Indivision for 20 years d. Art. 891.-- Reserva troncal. Art. 905. Every renunciation or compromise as regards a future legitime between the person owing it and his compulsory heirs is void, and the latter may claim the same upon the death of the former; but they must bring to collation whatever they may have received by virtue of the renunciation or compromise. Balane: This is the prodigal son provision. 1. Money received by the compulsory heir (is) considered as advance on his legitime. Art. 905 prohibits any contract or agreement between the predecessor and the successor. Even if there is an agreement, the same is not binding and the heir can still get his legitime minus the 2. If the agreement is between the heir and his brother that he will waive his legitime in favor of his brother, can he later claim his legitime after their father's death? No. The agreement is void under Art. 1347 that "No contract may be entered into upon future inheritance except in cases expressly authorized by law." Two views: a. Tolentino.-- The heir should return money to his brother as a matter of equity. This is not a case of collation bec. the money was not received from the decedent. b. Do not return the money bec. they are in pari delicto. They should be left as they are. The reason is that the right of the compulsory heirs is only inchoate, the same principle applied in Art. 777. Art. 906. Any compulsory heir to whom the testator has left any title less than the legitime belonging to him may demand that the same be fully satisfied. Balane: "By any title" means by gratuitous title. (It also covers) donation inter vivos which are considered advances on the legitime. Relate this provision to Articles 909 and 910. Relate his also to Art. 1062 where the testator expresses otherwise for purposes of collation only and not preterition. Art. 907. Testamentary dispositions that impair or diminish the legitime of the compulsory heirs shall be reduced on petition of the same, insofar as they may be inofficious or excessive. Balane: Relate this provision to Art. 1011. Art. 908. To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will. To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. Balane: How to compute the net estate: 1. Inventory all gross assets. 2. Deduct unpaid debts from the gross assets since the debts of the decedent are to be paid by his estate. Gross assets - Debts = Available assets. 3. Add donations inter vivos made by the decedent to anyone. The value of the donated property is to be ascertained at the time the donation was made. Any change in the value is for the account of the donee-owner. Available assets + Donations = Net Hereditary Estate. The basis for computing the legitime Gross Assets P2,500,000 Outstanding debts 500,000 Available assets 2,000,000 Donation to eldest son + 300,000 !991 stock to brother + 500,000 Donation to daughter + 200,000 Net Estate P3,000,000 If there are 3 children - legitime = 1,500,000 500,000 each. Spouse - legitime = 500,000. Art. 909. Donations given to children shall be charged to their legitime. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code. Art. 910. Donations which an illegitimate child* may have received during the lifetime of his father or mother, shall be charged to his legitime. Should they exceed the portion that can be freely disposed of, they shall be reduced in the manner prescribed by this Code. Balane: Articles 909 and 910 are taken together. A. 1. Donation to child, whether legitimate or illegitimate Donation to parents or ascendants (Art. 1062.) General rule: Charged to the legitime Exception: If the testator provides otherwise. (Art. 1062.) 2. Donation to spouse General rule: Not allowed. Exception: Gifts of moderate value; treat the same as a donation to a compulsory 3. Donation to a stranger -- charged to the free portion. B. Collation (Art. 1061.) 1. Three senses a. Computation.-- Art. 908, par. 2 b. Imputation.-- Articles 909 and 910. c. Reduction/ return.-- Articles 911 to 913. 2. Example, | | | : Gross Estate 70,000 Less: Debts 35,000 Available assets 35,000 Add: Donations: 1987 to A 15,000 1989 to M 30,000 1991 to D 40,000 Net Hereditary Estate 120,000 Legtimes : Donation Advance : Lack _______ on Legitime A 20,000 15,000 5,000 B 20,000 0 20,000 C 20,000 0 20,000 D 10,000 40,000 (30,000) P45,000 is needed to comply w/ the legitime but (we) only have 35,000 available assets. So we need 10,000. Reduce the donations. a. Donation to B is considered as donation to a stranger as far as the 30,000 is concerned b. Donation to M is a donation to a stranger c. Donation to A is not subject to reduction The first to bear the reduction is the donation to D, so deduct 10,000 from him A = 20,000 B = 20,000 C = 20,000 D = 30,000 M = 30,000 Art. 911. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devise or legacies made in the will; (2) The reduction of the devises or legacies shall be pro rata, without any distinction If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. (3) If the devise or legacy consists of a usufruct or life annuity, whose value may be considered greater than that of the disposable portion, the compulsory heirs may choose between complying with the testamentary provision and delivering to the devisee or legatee the part of the inheritance of which the testator could freely dispose. Balane: Order of reduction 1. Legacies and devises. (Art. 907.) General rule: Pro-rata. Exception: Preferred ones as stated by the testator will be the last to be reduced among the devises and legacies if still needed. 2. Reduce donations to strangers. Rule: Most recent donation to be reduced first (earlier donations are preferred.) See Art. 773, NCC. Note: 1 and 2 will be reduced even up to 0 as long as needed. 3. Reduce the share of illegitimate children. Art. 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (1) Remuneratory legacies or devises; (2) Legacies or devises declared by the testator to be preferential; (3) Legacies for support; (4) Legacies for education; (5) Legacies or devises of a specific, determinate thing which forms part of the estate; (6) All others pro rata. Art. 912. If the devise subject to reduction should consist of real property, which cannot be conveniently divided, it shall go to the devisee if the reduction does not absorb one-half of its value; and in a contrary case, to the compulsory heirs; but the former and the latter shall reimburse each other in cash for what respectively belongs to them. The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime. Art. 913. If the heirs or devisees do not choose to avail themselves of the right granted by the preceding article, any heir or devisee who did not have such right may exercise it; should the latter not make use of it, the property shall be sold at public auction at the instance of any one of the interested parties. Art. 914. The testator may devise and bequeath the free portion as he may deem fit. Section 6.-- Disinheritance. Balane: A compulsory heir cannot deprive his compulsory heir of his legitime unless expressly provided by law. The law expressly provides only one way, valid disinheritance. Requisites: 1. Made in a valid will. (Art. 916.) 2. Identity of the heir is clearly established 3. For a legal cause. (Articles 919 to 921.) 4. Expressly made 5. Cause stated in the will. 6. Absolute or unconditional (not "if he doesn't apologize.") 8. Cause must be true and if challenged by the heir, it must be proved to be true (proponent of disinheritance has the burden of proof.) Art. 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. Art. 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. Art. 917. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it. Art. 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; (6) Maltreatment of the testator by word or deed, by the child or descendants; (7) When a child or descendant leads a dishonorable or disgraceful life; (8) Conviction of a crime which carries with it the penalty of civil interdiction. Balane: This is an exclusive list and not illustrative. 1. Attempt against the life, etc.-- Final conviction is necessary. "Attempt" is a generic term which includes all kinds of commission, whether frustrated or consummated. Intent to kill must be present. 2. Accusation. a. Accusation is a generic term which includes: (i) filing of an information; (ii) presenting incriminating evidence; (iii) acting as a witness against the ascendant. b. Imprisonment of more than six (6) years c. Accusation is groundless.-- Ascendant is acquitted on the finding that: (i) there is no crime; or (ii) that the ascendant did not commit it. If the ascendant was acquitted on reasonable doubt, the ascendant cannot disinherit because the accusation is not groundless. 3. Adultery and concubinage.-- This needs conviction. E.g., When your parent remarries someone young and you have an affair with that person. 4. Fraud, violence, intimidation or undue influence as regards the will.-- This goes into the very essence of will-making-- the freedom deprived by the child or descendant. It does not mention prevent because if he was prevented, how can he make a will of disinheritance? Prevention is a ground for unworthiness (Art. 1032, par. 7) which has the same effect as disinheritance. 5. Refusal to support without justifiable cause.-- Refusal, itself, is not a ground; it must be unjustified. E.g., In the FC, there is an order of preference for support. The person may be willing to support but it is not economically feasible. A person must support his wife and children first. There is here a justified refusal. 6. Maltreatment.-- No conviction is required as compared to number 1 wherein conviction is needed. This may be proven by preponderance of evidence. It is possible for an act not to fall in number 1 but to fall in number 6. E.g., The son shoots his father. The father is wounded but he recovers. The father does not want a scandal so he does not file charges against his son. So, he disinherits his son not under number 1 but under no. 6. 7. Leads a dishonorable life.-- This is a catch-all provision. "Leads" denotes habituality. Dishonorable and disgraceful are based on the sense of the community as perceived by the judge. It is not limited to sexual immorality. E.g., drug addict, alcoholic. 9. Civil Interdiction.-- Conviction is required. Accessory penalty that goes w/ the principal penalty of reclusion temporal and up. Notes: Conviction is required in numbers 1, 3 and 9. Art. 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate: (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue; (2) When the parent or ascendant has been convicted of an attempt against the life (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false; (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator; (5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code; (7) The refusal to support the children or descendants without justifiable cause; (8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. Balane: Numbers 2, 5 and 7 are the same as the grounds in Art. 919. 1. Enumerates 3 grounds: a. Abandonment by parent of his children.-- In abandonment, there are two (2) views: 1. Strict.-- Leaving them alone while still children under circumstances that would endanger them. 2. Accepted.-- Any case where a parent, without justifiable cause, withholds his care. E.g., Leaving someone at the doorstep. b. Induced their daughter to live a corrupt or immoral life.-- Does it include grandparents to granddaughters? Yes. The provision covers ascendant's vis-à-vis descendants. c. Attempt against their virtues.-- Mere attempt is enough as long as it can be proven. Note: In all 3 cases, conviction is not required. 6. Loss of parental authority.-- FC does not include all causes of loss of parental authority. Exception: Adoption, age of majority. The grounds refer to those which involve the same moral culpability. Exception: Articles 229, par. 4, 230 and 231 of FC. 8. Attempt by a parent against the other.-- This does not need conviction. Exception: When they reconcile. This presupposes that there is no disinheritance yet. Losses right to disinherit upon reconciliation. But what if already disinherited before reconciliation? This is not clear. But it should be considered revoked bec. in case of doubt, resolve against disinheritance. Art. 921. The following shall be sufficient causes for disinheriting a spouse: (1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants; (2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment for six years or more, and the accusation has been found to be (3) When the spouse by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (4) When the spouse has given cause for legal separation; (5) When the spouse has given grounds for the loss of parental authority; (6) Unjustifiable refusal to support the children or the other spouse. Balane: Similar grounds found in Articles 919 and 920. 1. Both. 5. Art. 920 only. The only new ground is number 4: Legal separation is not a ground. If there is legal separation, you do not need to disinherit. Disinheritance takes place by operation of law. As long as there is cause for legal separation, you can disinherit provided you are the offended spouse. Art. 922. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit, and renders ineffectual any disinheritance that may have been made. Balane: 1. Reconciliation.-- Two persons who are at odds decide to set aside their differences and to resume their relations. They need not go back to their old relation. A handshake is not reconciliation. It has to be something more. It must be clear and deliberate. 2. What is the effect of reconciliation? a. If there is no will.-- It deprives the offended person of his right to disinherit the offending person. b. If already disinherited.-- It sets aside disinheritance already made. 3. This is inconsistent with Art. 1033. In disinheritance, reconciliation is sufficient. It need not be in writing. In unworthiness, however, it needs to be in writing. This is inconsistent bec. when you are dealing w/ the express will to disinherit, reconciliation is enough when you are dealing w/ the presumed will, it must be in writing. Art. 923. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime; but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. Balane: Representation in case of disinheritance: 1. Effect of disinheritance is not explicitly provided for. The total exclusion = loss of legitime, right to intestate succession, and of any disposition in a prior will. 2. "Takes place only in legitime."-- The law assumes that free portion has been given away. If not, include the intestate portion. 3. Representation.-- (This is applicable only) if (the) person disinherited is a child or descendant. Includes both legitime and intestate share of the disinherited heir. a. X made a will giving Y, a friend, 1/2 of his estate. This covered the free portion. X validly disinherited A. Can a1 and a2 represent A? Yes. Children of A can represent him as to the legitime only bec. the free portion has been given to B. b. X validly disinherits A. X did not dispose of his free portion. How much will the children of A inherit from X? They will inherit A's share in the legitime and in the free portion, 1/4 -- legitime 1/4 -- free portion. The representative of the disinherited person will receive both the legitime and the free portion which might have accrued to the person disinherited if he had not been disinherited. Section 7.-- Legacies and Devises. Balane: Definition in Art. 782 is not a good definition. 1. Castan.-- "A legacy or a devise is a gratuitous grant in a will of a specific personal or real property." 2. a. In a devise or legacy, "a person succeeds by particular title," to a specific b. Heir is "a person who succeeds by universal title," to a fractional part of the Art. 924. All things and rights which are within the commerce of man may be bequeathed or devised. Balane: What can be bequeathed or devised? Anything w/in the commerce of man or w/c is alienable. Art. 925. A testator may charge with legacies and devises not only his compulsory heirs but also legatees and devisees. The latter shall be liable for the charge only to the extent of the value of the legacy of the devise received by them. The compulsory heirs shall not be liable for the charge beyond the amount of the free portion given them. Balane: This provision gives a misimpression. General rule: Legacy or devise is an obligation of the estate unless it impairs the legitimes. Exception: If the obligation is imposed by the testator on a testamentary heir, devisee or legatee. The obligation becomes a sub-devise or sub-legacy = mode imposed on the heir, devisee or legatee. E.g., "I give A 1/4 of my estate but I impose upon him the obligation to give B a car." If A wants to accept the 1/4, he will have to give a car to B. Art. 926. When the testator charges one of the heirs with a legacy or devise, he alone shall be bound. Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. Art. 927. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. Art. 928. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by its kind. Balane: (This is a) bad way to put it. As in Art. 925, it is not the heir, devisee or legatee who is liable but the estate unless sub-legacy is imposed. E.g., "I give a fishpond to X." The fishpond was given to X. If a third person then puts a claim on the fishpond and succeeds in taking possession of the fishpond by winning the suit, then as a general rule, the estate is liable unless it is a sub-devise or sub-legatee, in w/c case the devisee or legatee is liable. Art. 929. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. Balane: The property given is owned only in part by the testator. General rule: If the testator owns only a part, the devisee or legatee will only get that (1) Testator gives more.-- E.g., Giving it in it's entirety. How? The estate should buy out the rest of the property. If co-owners don't like to sell, then the estate gives him the testator's share plus the cash value of the rest of the property. (2) Testator gives less.-- Art. 794. Art. 930. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. Art. 931. If the testator orders that a thing belonging to another be acquired in order that it be given to a legatee or devisee, the heir upon whom the obligation is imposed or the estate must acquire it and give the same to the legatee or devisee; but if the owner of the thing refuses to alienate the same, or demands an excessive price therefor, the heir or the estate shall only be obliged to give the just value of the thing. Balane: Articles 930 and 931. Art. 930.-- General rule: A legacy or devise of a thing belonging to someone else when the testator thought that he owned it is a void legacy or devise bec. it is vitiated by mistake. Exception: If the testator acquires it after making his will. Art. 931.-- If the thing given as devise or legacy is not owned by the testator at the time he made the will but he orders his estate to acquire it, it is a valid legacy or devise. The testator knew that he did not own it. There is no mistake. Middle ground.-- Supposing: a. The testator knew that he did not own it.-- Art. 930 does not apply. b. Testator does not order his estate to purchase it.-- Art. 931 does not apply. What is the status of that legacy or devise? According to Tolentino, when the testator gave the legacy or devise knowing that it is not his, there is an implied order to the estate to acquire it. Apply Art. 931 by analogy. At the very least, there is a doubt and doubts are resolved Art. 932. The legacy or devise of a thing which at the time of the execution of the will already belonged to the legatee or devisee shall be ineffective, even though another person may have interest therein. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. Balane: Legacy of a thing already belonging to the legatee or devisee. Art. 933. If the thing bequeathed belonged to the legatee or devisee at the time of the execution of the will, the legacy or devise shall be without effect, even though it may have been subsequently alienated by him. If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. Balane: This is the same situation as in Art. 932. Par. 1.-- The legacy or devise is ineffective even if the legatee or devisee alienates the thing after the will is made. Par. 2.-- If at the time the legacy or devise is made, the thing did not belong to the legatee or devisee but later on he acquires it, then: a. If he acquired it by gratuitous title, then the legacy or devise is void bec. the purpose of the testator that the property go to the devisee or legatee has already been accomplished with no expense to the legatee or devisee. b. If he acquired it by onerous title, then the legacy or devise is valid and the estate may be required to reimburse the amount. Art. 934. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt before the execution of the will, the estate is obliged to pay the debt, unless the contrary intention appears. The same rule applies when the thing is pledge or mortgaged after the execution of Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. Balane: Par. 1.-- The purpose of the payment of debt is so that the legatee or devisee will get it free from encumbrance. General rule: Pledge/ mortgage must be paid by the estate. Exception: If the testator provides otherwise. Par. 3.-- E.g., Easement, usufruct. Art. 935. The legacy of a credit against a third person or of the remission or release of a debt of the legatee shall be effective only as regards that part of the credit or debt existing at the time of the death of the testator. In the first case, the estate shall comply with the legacy by assigning to the legatee all rights of action it may have against the debtor. In the second case, by giving the legatee an acquittance, should he request one. In both cases, the legacy shall comprise all interests on the credit or debt which may be due the testator at the time of his death. Art. 936. The legacy referred to in the preceding article shall lapse if the testator, after having made it, should bring an action against the debtor for the payment of his debt, even if such payment should not have been effected at the time of his death. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. Balane: The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. Art. 937. A generic legacy of release or remission of debts comprises those existing at the time of the execution of the will, but not subsequent ones. Balane: Legacy of credit or remission. Articles 935 to 937. A. Definitions. 1. Legacy of credit.-- takes place when the testator bequeaths to another a credit against a third person. In effect, it is a novation of the credit by the subrogation of the legatee in the place of the original creditor. E.g., "I give to A all the debts B owes me." 2. Legacy of remission.-- a testamentary disposition of a debt in favor of the debtor. The legacy is valid only to the extent of the amount of the credit existing at the time of the testator's death. In effect, the debt is extinguished. E.g., "I give to A as legacy his debt to me." B. Rules applicable. 1. Art. 935.-- Legacy applies only to the amounts outstanding at the time of the testator's death. E.g., A owes B P1,000. B makes a will giving as legacy to A the debt of A. After the will is made, A pays B 500. How much is the legacy? P500. 2. Art. 936.-- The legacy is revoked if the testator files an action (judicial suit) against the debtor. E.g., A bequeaths the credit he has against B to B. After making the will, A sues B for collection. A dies while the suit is pending. Does B have a right to the credit? No. The filing of the action revoked the legacy. 3. Art. 937.-- It applies only to credits existing at the time the will was made, and not to subsequent credits. E.g., "I give to A all the credits I have against B." When the will was made, B had 3 debts. After the will was made, B incurs 2 more debts. Which ones can A claim? General rule: Only the first 3. Exception: When the testator provides otherwise. Art. 938. A legacy or devise made to a creditor shall not be applied to his credit, unless the testator so expressly declares. In the latter case, the creditor shall have the right to collect the excess, if any, of the credit or of the legacy or devise. Balane: General rule: Legacy or devise is not considered payment of a debt. Why? Bec. if it is, then it would be a useless legacy or devise since it will really be paid. Art. 939. If the testator orders the payment of what he believes he owes but does not in fact owe, the disposition shall be considered as not written. If as regards a specified debt more than the amount thereof is ordered paid, the excess is not due, unless a contrary intention appears. The foregoing provisions are without prejudice to the fulfillment of natural Art. 940. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. Once made, the choice is irrevocable. In alternative legacies or devises, except as herein provided, the provisions of this Code regulating obligations of the same kind shall be observed, save such modifications as may appear from the intention expressed by the testator. Balane: "heir upon whom the obligation to give the legacy or devise may be imposed." (This is) not necessary. Look at the general rule and the exception in Art. 925. The same rules as in alternative obligations apply. See Articles 1199 to 1206. Art. 941. A legacy of generic personal property shall be valid if there be no things of the same kind in the estate. A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. The right of choice shall belong to the executor or administrator who shall comply with the legacy by the delivery of a thing which is neither of inferior nor of superior quality. Generic Legacy vs. Indeterminate Devise Even if no thing of the same kind There must exist immovables exist in the estate, the legacy is of the same kind in order to be valid. The estate will have to buy it. valid. Why the difference in the rules? Historically, in Roman Law, personal property was treated with more liberality bec. they were easier to acquire and dispose. If given a choice, I would amend the law and make the same rule applicable to both, namely, the rule on devises. This would be more in conformity with the intent of the testator. (Balane.) Right of choice.-- Executor/ administrator. Must give neither inferior nor superior Art. 942. Whenever the testator expressly leaves the right of choice to the heir, or to the legatee or devisee, the former may give or the latter may choose whichever he may prefer. Art. 943. If the heir, legatee or devisee cannot make the choice, in case it has been granted him, his right shall pass to his heirs; but a choice once made shall be irrevocable. Art. 944. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. A legacy for support lasts during the lifetime of the legatee, if the testator has not otherwise provided. If the testator has not fixed the amount of such legacies, it shall be fixed in accordance with the social standing and the circumstances of the legatee and the value of If the testator during his lifetime used to give the legatee a certain sum of money or other things by way of support, the same amount shall be deemed bequeathed, unless it be markedly disproportionate to the value of the estate. Balane: Duration and Amount of the different legacies. Rules as to amount: 1. Amount prescribed by the testator 2. What the testator used to give during his lifetime 3. In accordance with the social standing and circumstances of the legatee. In other words, according to his needs. Art. 945. If a periodical pension, or a certain annual, monthly, or weekly amount is bequeathed, the legatee may petition the court for the first installment upon the death of the testator, and for the following ones which shall be due at the beginning of each period; such payment shall not be returned, even though the legatee should die before the expiration of the period which has commenced. Balane: E.g., Testator dies on March 1, 1996. He has a will giving A a monthly pension of P1,000. 1. If we follow Art. 945 literally, A can compel the estate to give him his pension from March 1, 1996. 2. In reality, A has to wait. The estate should be settled first (will probated, payment of debts, determine if legacy is effectual, etc.) After settlement of the estate, A can demand his legacy and its effectivity will retroact to March 1, 1996. Art. 946. If the thing bequeathed should be subject to a usufruct, the legatee or devisee shall respect such right until it is legally extinguished. Balane: This is the same as in Art. 934, par. 3. Art. 947. the legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator, and transmits it to his heirs. Art. 948. If the legacy or devise is of a specific and determinate thing pertaining to the testator, the legatee or devisee acquires the ownership thereof upon the death of the testator, as well as any growing fruits, or unborn offspring of animals, or uncollected income; but not the income which was due and unpaid before the latter's death. From the moment of the testator's death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefitted by its increase or improvement, without prejudice to the responsibility of the executor or administrator. Art. 949. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. Balane: Articles 947 to 949.-- Rules on Demandability, Fruits and Ownership. 1. Demandability depends on whether: a. Pure.-- Upon the testator's death. (Articles 947, 945.) b. With a term.-- Upon arrival of the term c. Conditional.-- Upon the happening of the suspensive condition. 2. Fruits w/c depends on whether: a. Pure and specific.-- Upon the testator's death. (Art. 948.) b. Pure and generic.-- Upon determination of what is to be delivered to the devisee or legatee unless the testator provides otherwise. (Art. 949.) c. With a term.-- Upon arrival of the term. d. Conditional.-- Upon the happening of the suspensive condition. a. Pure and specific.-- Upon the death of the testator. (Art. 777.) b. Pure and generic.-- It depends: (i) if the thing comes from the testator's estate, upon the testator's death (ii) if the thing has to be acquired from a third person, upon the acquisition of the thing. c. With a term.-- Upon the testator's death (effect retroacts.) d. Conditional.-- Upon the testator's death (effect retroacts.) Art. 950. If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (5) Legacies or devises of a specific, determinate thing which forms part of the estate; Balane: Order of preference. This conflicts w/ Art. 911.-- "If you reduce legacies, reduce all except those preferred according to the testator."-- Inconsistent. Solution according to commentators.-- Give each its own sphere of operation: 1. If you have to reduce bec. legitimes have been impaired, follow Art. 911. 2. If for any other reason, follow Art. 950. Art. 951. The thing bequeathed shall be delivered with all its accessions and accessories and in the condition in which it may be upon the death of the testator. Art. 952. The heir, charged with a legacy or devise, or the executor or administrator of the estate, must deliver the very thing bequeathed if he is able to do so and cannot discharge this obligation by paying its value. Legacies of money must be paid in cash, even though the heir or the estate may not have any. The expenses necessary for the delivery of the thing bequeathed shall be for the account of the heir or the estate, but without prejudice to the legitime. Art. 953. The legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it. Art. 954. The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous. Should he die before having accepted the legacy or devise, leaving several heirs, some of the latter may accept and the others may repudiate the share respectively belonging to them in the legacy or devise. Balane: This applies to a situation where there is only one legacy or devise. Par. 2.-- The same rule as in accretion, acceptance and renunciation. Art. 955. The legatee or devisee of two legacies or devises, one of which is onerous cannot renounce the onerous one and accept the other. If both are onerous or gratuitous, he shall be free to accept or renounce both, or to renounce either. But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both. Any compulsory heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the latter and accept the former, or waive or accept both. Balane: This applies to a situation where there are two or more legacies or devises. General rule: The same rule as in Art. 954. Exception: Testator provides otherwise. Art. 956. If the legatee or devisee cannot or is unwilling to accept the legacy or devise, or if the legacy or devise for any reason should become ineffective, it shall be merged into the mass of the estate, except in cases of substitution and of the right of accretion. Art. 957. The legacy or devise shall be without effect: (1) If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had; (2) If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus alienated. If after the alienation the thing should again belong to the testator, even if it be by reason of the nullity of the contract, the legacy or devise shall not thereafter be valid, unless the reacquisition shall have been effected by virtue of the exercise of the right of repurchase; (3) If the thing bequeathed is totally lost during the lifetime of the testator, or after his death without the heir's fault. Nevertheless, the person obliged to pay the legacy or devise shall be liable for eviction if the thing bequeathed should not have been determinate as to its kind, in accordance with the provisions of article 928. Balane: Grounds for the revocation of legacy or devise (takes effect by operation of law.) 1. Transformation of the thing. E.g. a. "I bequeath my ring to B." After making the will, the ring is melted and turned into a pendant. b. When a coconut plantation is transformed into a fishpond. 2. This manifests the intent to revoke. Exception: If pacto de retro and reacquired during the testator's lifetime. Annulment depends on the basis: a. Vitiated consent.-- Not revoked bec. there was no intention to revoke b. All other reasons.-- Revoked. 3. Totally lost. Art. 958. A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify the thing which the testator intended to bequeath or devise. Balane: This is similar to Art. 789. Art. 959. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. Balane: This does not refer to legacies and devises This article is misplaced. This should be in the Chapter on Institution of Heirs This applies only in favor of the testator's own relatives. LEGAL OR INTESTATE SUCCESSION Section 1.-- General Provisions. I. Intestacy.-- That which takes place by operation of law in default of compulsory and testamentary succession. It is the least preferred among the three modes of succession, but is the most common. It takes place only: (a) insofar as it does not impair legitimes; (b) only if there is no will disposing of the property. It applies the principle of exclusion and concurrence (the same principles as in compulsory succession.) II. WHO ARE INTESTATE HEIRS? 1. Legitimate children or descendants 2. Illegitimate children or descendants 3. Legitimate parents or ascendants 4. Illegitimate parents 5. Surviving spouse 6. Brothers and sisters, nephews and nieces 7. Other collateral relatives up to the fifth degree 8. The State. Notes: Numbers 1 to 5 are both compulsory and intestate heirs. Numbers 6 to 8 are intestate heirs. This shows why the rules on legitime are similar to the rules of intestacy. III. BASIC RULES OF INTESTACY 1. Rule of Relationship.-- Intestate heir must be related to the deceased. There are four kinds: a. Family.-- Js familial, ascendants and descendants in the direct line. b. Blood.-- Jus sanguinis, collaterals up to the fifth degree. c. Spouse.-- Jus conjugis. d. State.-- Jus imperii, the right of sovereignty. 2. Rule of Preference of lines.-- This is also true in compulsory succession. The descending is preferred over the ascending. 3. Rule on proximity of degree.-- This rule excludes the further. (This qualifies) 4. Rule of equality among relatives of the same degree.-- This is corollary to the third. Five exceptions: a. Relatives of the full and half blood.-- Art. 1026 (does not refer to blood cousins, bec. they inherit equally.) b. Rule of division by line in the ascending line.-- Maternal/ paternal c. Rule on preference of lines.-- Art. 928 if decedent is survived by a father and son, the father is excluded. d. Distribution between legitimate and illegitimate children.-- 2 : 1, although in the same degree. e. By representation.-- Because of this, they inherit in different shares. Art. 960. Legal or intestate succession takes place: (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, of if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. Balane: This enumeration is not exclusive. There are other causes. A. Kinds 1. Total - No testamentary disposition at all. 2. Partial - A will that disposes of part of the free portion B. Causes 1. a. No will.-- Total intestacy b. Void will = no will.-- Total intestacy c. Erroneous.-- will, once valid, always valid but may lose its efficacy, e.g., when revoked. 2. a. "does not institute an heir."-- Useless will as far as succession is concerned. b. "Does not dispose all."-- Partial intestacy 3. "Suspensive condition does not happen."-- Intestacy as to that specific institution. 4. "Incapable of succeeding-- Only specific provision will give rise to intestacy. 5. Others not in Art. 960. a. The arrival of the resolutory term. b. Impossibility of ascertaining the will of the testator. Art. 961. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State. Art. 962. In every inheritance, the relative nearest in degree excludes the more distant ones, saving the right of representation when it property takes place. Relatives in the same degree shall inherit in equal shares, subject to the provisions of article 1006 with respect to relatives of the full and half blood, and of article 987, paragraph 2, concerning division between the paternal and maternal lines. Subsection 1.-- Relationship. Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. Art. 964. A series of degrees forms a line, which may be either direct or collateral. A direct line is that constituted by the series of degrees among ascendants and A collateral line is that constituted by the series of degrees among persons who are ascendants and descendants, but who come from a common ancestor. Art. 965. The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great- In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. Art. 967. Full blood relationship is that existing between persons who have the same father and the same mother. Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. Balane: Articles 963 to 967 on relationships. 1. (These rules on relationship are) important because of certain principles which ordain in intestacy, namely: a. Nearer excludes the more remote; b. Direct line is preferred over the collateral; c. Descending line is preferred over the ascending. 2. Two basic concepts in relationship: a. Concept of degree.-- This is the method of computing the proximity of relationship. Every degree is one generation. b. Concept of lines.-- (These are) relative positions in the family between 2 persons (genealogical chart.) In intestacy: a. There is no limit.-- Direct line-- (i) ascending (ii) descending b. Limit of five degrees.-- Collateral line-- 2 persons having a common ascendant | \ For B, A is in the direct line. D is in the collateral line. 3. Full and half-blood relations in intestacy. a. Brothers and sisters. (Art. 1006.)-- 2 : 1-- This is applicable only in intestate b. Nephews and nieces. (Art. 1008.)-- 2 : 1-- Nephews or nieces of the half blood-- child of a brother or sister of the half blood. Art. 968. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. Art. 969. If the inheritance should be repudiated by the nearest relatives, should there be one only, or by all the nearest relatives called by law to succeed, should there be several, those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. Subsection 2.-- Right of Representation. Art. 970. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or he could have inherited. Balane: 1. This article contains the definition of representation. Representation is not a very accurate term because it does not convey the full meaning of the process. b1 b2 B predeceases X. When X dies, b1 and b2 are excluded bec. of the rule that the nearer excludes the more remote. Only A and C should inherit. But because of the right of representation, b1 and b2 will inherit in the place of B. They are raised to the level of B. They will only get what B would have gotten. The better term is successional subrogation, as JBL Reyes calls it. It is a process whereby one person takes another's place. The representative is subrogated (takes the place) of the person represented. 2. Under what situations does it operate? a. Predecease.-- Articles 982, 975. b. Disinheritance.-- Art. 923. c. Incapacity or unworthiness to succeed.-- Art. 1035. (This) does not apply to renunciation. (See Articles 968, 969, 977.) 3. In what kinds of succession does it operate? a. Compulsory b. Intestate It does not apply to testamentary succession. E.g., "I institute my son, and if he predeceases me, he will be represented by his son." This is substitution and not representation. Art. 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. Art. 972. The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. Balane: 1. In legitime, in what direction does it operate? Only in the descending, never in the ascending. 2. In intestacy, in what direction does it operate? a. In descending line.-- Same as in legitimes. b. Only one instance in the collateral line.-- Nephews and nieces in representation of their parents who predeceased their decedent brother or sister. B predeceases A. When A dies, b1 and b2 can represent B in B's share in the estate of A. Teotico v. Del Val.-- An adopted child cannot represent his adoptive parent bec. the fiction is only between the adopter and the adopted. Art. 973. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. Balane: Capacity to succeed.-- In representation, there are three parties: 1. The decedent; 2. The person represented; 3. The representative. a. Must 3 have capacity to succeed from 1? Yes, bec. he is really succeeding from 1. b. Must 3 have capacity to succeed from 2? No, bec. 3 is not succeeding from 2. c. Must 2 have capacity to succeed from 1? No. This is precisely why 3 succeeds 1. Art. 974. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. Art. 975. When children of one of more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. But if they alone survive, they shall inherit in equal portions. Balane: Representation: 1. In collateral line. A-- a2 X-- B -- b C-- c1 a. If A, B and C predecease X, all nephews inherit in their son right, per capita. 2. In the direct line. (Art. 982.) / | | | \ a1 a2 b c1 c2 a. In A, B and C predecease X, all grandchildren inherit by representation, per stirpes. b. If A, B and C renounce, all grandchildren inherit by their own right, per capita. Art. 976. A person may represent him whose inheritance he has renounced. Art. 977. Heirs who repudiate their share may not be represented. In renunciation: a. Person who renounces cannot be represented. (Art. 977.) b. Person who renounces can represent. (Art. 976.) Illustration: A C renounces his inheritance from B. B then dies. Later on, A dies. 1. D cannot represent C in B's estate. 2. Can C represent B in A's estate? Yes. When C renounced, he only renounced his right to inherit from B. He did not renounce his right to inherit from A. Section. 2.-- Order of Intestate Succession. Subsection 1.-- Descending Direct Line. Art. 978. Succession pertains, in the first place, to the descending direct line. Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without distinction as to sex or age, and even if they should come from different marriages. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. Art. 980. The children of the deceased shall always inherit from him in their own right, dividing the inheritance in equal shares. Art. 981. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of Art. 982. The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. Baviera: Only legitimate descendants General rule: Art. 982 Exception: Art. 992.-- An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. This applies only to child, not descendant This is called the "iron curtain rule." Art. 983. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by article 895. Baviera: Article 895 - note article 176 FC - Illegitimate child is entitled to 1/2 of share of a legitimate child. The legitime of the illegitimate child shall be taken from the free portion, provided in no case shall the total legitime of illegitimate child exceed the free portion, and the legitime of surviving spouse must first be fully satisfied. Art. 984. In case of death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. Subsection2.-- Ascending Direct Line. Art. 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. Art. 986. The father and mother, if living, shall inherit in equal shares. Should one only of the survive, he or she shall succeed to the entire estate of the child. Art. 987. In default of the father and mother, the ascendants nearest in degree shall Should there by more than one of equal degree belonging to the same line they shall divide the inheritance per capita; should they be of different lines but of equal degree, one- half shall go to the paternal and the other half to the maternal ascendants. In each line the division shall be made per capita. Baviera: Per capita means equally Subsection 3.-- Illegitimate Children. Art. 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. Art. 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. Art. 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. Art. 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. Baviera: This applies only to child, not descendants This is called the iron curtain rule Art. 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child's filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse, who shall be entitled to the entire estate. If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. Subsection 4.-- Surviving Spouse. Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sister, nephews and nieces, should there by any under article 1001. Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legiti- mate child. Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. Art. 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding article. Subsection 5.-- Collateral Relatives Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the decedent's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. per stirpes means by representation Art. 1006. Should brothers and sisters of the full blood survive together with brother and sisters of the half blood, the former shall be entitled to a share double that of Art. 1007. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. Art. 1008. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full Art. 1009. Should there be neither brothers nor sisters nor children of brothers or sisters, the other collateral relatives shall succeed to the estate. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. Art. 1010. The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line. Subsection 6.-- The State. Art. 1011. In default of persons entitled to succeed in accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. Art. 1012. In order that the State may take possession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. Art. 1013. After the payment of debts and charges, the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated. If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective municipalities or cities where the same is located. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may warrant. The court, at the instance of an interested party, or in its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. Art. 1014. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. Intestate heirs: 1. Legitimate children/ descendants a. excludes ascendants, all collaterals, the State b. concurs with illegitimate children/ descendants, surviving spouse c. excluded by no one. 2. Illegitimate children/ descendants a. excludes illegitimate parents, collaterals, the State b. concurs with surviving spouse, legitimate children, legitimate ascendants 3. Legitimate parents a. excludes collaterals, the State b. concurs with illegitimate children, surviving spouse c. excluded by legitimate children. 4. Illegitimate ascendants b. concurs with the surviving spouse c. excluded by legitimate descendants, illegitimate descendants. a. excludes collaterals, other than brothers and sisters, nephews and nieces, the State b. concurs with legitimate child, illegitimate child, legitimate and illegitimate brothers and sisters, nephews and nieces. 6. Brothers, sisters, nephews and nieces a. excludes all other collaterals, the State c. excluded by legitimate children, illegitimate children, legitimate parents, illegitimate 7. Other collaterals a. exludes collaterals in remote degrees, the State b. concurs with collaterals in equal degree c. excludes legitimate/ illegitimate children/ parents, surviving spouse, brothers and sisters, nephews and nieces. 8. The State a. excludes no one b. concurs with no one c. excluded by everybody else. Articles 978 to 1014.-- Various Combinations-- Total Intestacy Note: The rules on exclusion and concurrence in legitimes will also apply to intestacy. 1. Legitimate children and/ or descendants alone.-- Entire estate divided equally among them. (Art. 979.) 2. Legitimate children and illegitimate children.-- Entire estate in proportion of 2 : 1 or 10 : 5 : 4 as the case may be. This is without prejudice to the impairment of legitimes. (Art. 983.) 3. Legitimate children and surviving spouse.-- Surviving spouse share equal to that of one legitimate child. If only 1 legitimate child, 1/2 each. (Art. 996.) Formula: no. of legitimate children + 1 (surviving spouse) = share of each 4. Legitimate children Surviving spouse.-- Same share as a legitimate child Illegitimate children.-- 1/2 or 4 : 5 : 10 ratio w/ share of a legitimate child. (Art. 999.) 5. Legitimate parents alone.-- Entire estate shared equally. 6. Legitimate ascendants alone.-- Apply Articles 889 and 890 which are the rules on 7. Legitimate parents (or ascendants).-- 1 : 2 Illegitimate children.-- 1/2 Free portion = 1/4 to illegitimate children. (Art. 991.) Partial Intestacy 8. Legitimate parents (or ascendants).-- 1/2 Surviving spouse.-- 1/2 Free portion.-- 1/4 to the surviving spouse. (Art. 997.) 9. Legitimate parents (or ascendants.)-- 1/2 Free portion.-- 1/8 to surviving spouse. (Art. 1000.) 10. Illegitimate children alone.-- Entire estate divided equally or 5 : 4 as the case may be. 11. Illegitimate children.-- 1/2 divided as in number 10 Free portion.-- 1/6 to both. (Art. 998.) 12. Surviving spouse alone.-- Entire estate. Free portion.-- 1/2 to surviving spouse. (Articles 994 and 995.) 13. Surviving spouse.-- 1/2 Free portion = 1/4 to both (no article.) Legitimate brothers and sisters and nephews and nieces.-- 1/2 full : half = 2 : 1 Free portion = 1/2 to brothers and sisters and nephews and nieces If marriage is in articulo mortis, add 1/6 to free portion once the legitime of the wife is reduced to 1/3 (Art. 1001.) Illegitimate brothers and sisters, nephews and nieces (if decedent is illegitimate).-- 1/2 Free portion = 1/2 to illegitimate brothers and sisters and nephews and nieces (Art. 994.) 16. Illegitimate parents alone.-- entire estate Free portion.-- 1/2 to illegitimate parents. (Art. 993.) 17. Illegitimate parents.-- none. Children of any kind.-- Entire estate divided according to earlier rules. (Art. 993.) 18. Legitimate brothers and sisters alone.-- Whole estate divided in the ratio of 2 : 1 between full and half blood. (Articles 1004 and 1006.) 19. Legitimate brothers and sisters and nephews and nieces.-- Entire estate with the ratio of 2 : 1 between full and half blood a. Nephews and nieces inherit by representation.-- per stirpes. b. Nephews and nieces inherit bec. all brothers and sisters predecease.-- per capita. (Articles 1005 and 1008.) 20. Nephews and nieces.-- Entire estate. Uncles and aunts.-- None. Bacayo v. Borromeo.-- Nephews and nieces exclude uncles and aunts even if they may be both only three (3) degrees away from the decedent. (Art. 1009 by inference.) 21. Illegitimate brothers and sisters and nephews and nieces.-- Entire estate with the ratio of 2 : 1 between full and half blood. This applies only if the decedent is also illegitimate. Apply the rules for nephews and nieces stated in number 19 (none.) 22. Nephews and nieces alone.-- Entire estate with the ratio of 2 : 1 between full and half Per capita. (Articles 975 and 1008.) Right of representation. 23. Other collaterals.-- Entire estate in equal shares Rules: a. No distinction between full and half blood b. No representation c. Nearer excludes the more remote d. Up to the fifth degree only. (Articles 1009 and 1010.) In case of an illegitimate decedent, collaterals are only up to nephews and nieces. 24. The State.-- the entire estate. (Art. 1011.) NOTE: Follow the rules except numbers 2 and 4 which requires two (2) steps. Numbers 2 and 4 are tricky because you may end up impairing the legitime. REMEMBER: Legitimes cannot be impaired. Good News: Just follow the rules, the legitimes will never be impaired. They are automatically covered by the rules. Bad News: Art. 983, which covers the combination of legitimate and illegitimate children, might impair the legitime. Illustration: X's estate is worth P180,000. | | : : : : : 1. If you follow Art. 983 literally, 2 : 2 : 1 : 1 : 1 : 1 : 1 assuming the decedent died after the Family Code took effect. E = 20,000 F = 20,000 G = 20,000 But the legitime of A and B is impaired. Legitime of A and B = 90,000 Share of A and B 80,000 Legitime lacks 10,000 2. Since Art. 983 impairs the legitime, follow this two- step process: a. Give the legitime first. (Give to the legitimate first before the illegitimate.) b. (i) If there is an excess, divide it according to the ratio of 2 : 1 or 10 : 5 : 4 depending on the circumstances. (ii) If lacking, reduce the share of illegitimate children pro-rata. In the illustration: The estate lacks 22,500 Reduce the shares of illegitimate children pro-rata = 22,500/ 5 = 4,500 each. The share of each illegitimate child will equal 18,000. Note: 1. An adopted child is treated as a legitimate child. 2. Spouse receives shares if: a. The valid is marriage b. Violable but not annulled If legally separated, apply the same rules as in legitimes. PROVISIONS COMMON TO TESTATE AND INTESTATE SUCCESSIONS Section 1.-- Right of Accretion. Balane: (The right of accretion) takes place in: (1) testamentary succession (2) intestate succession But not with respect to legitimes.-- Art. 1021 par. 2. This provision was copied from the OCC and is inapplicable now because it was used for the mejora. However, it must still be Art. 1015. Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive his share, or who died before the testator, is added or incorporated to that of his co-heir, co-devisees, or co-legatees. Art. 1016. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso, and (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. Balane: Articles 1015 and 1016. 1. Two or more heirs, devisees and legatees are called to the same inheritance, devise or legacy pro-indiviso. Pro indiviso means without designation of parts or the portions are undivided. 2. One of the persons called: a. Die before the testator b. Renounce the inheritance c. Be incapacitated to receive it. Note: These are the same causes for substitution. Substitution Accretion Representation 1. predecease 1. predecease 1. predecease 2. incapacity 2. incapacity 2. incapacity 3. renunciation 3. renunciation 3. disinheritance 1. "I give 5000 to A and B." If A dies and does not have any children or descendants, accretion will take place. B will get 5,000, 2500 by his own right and 2,500 by accretion. 2. "I give 5000 to A and B in equal shares." Accretion will still apply. "Equal shares" makes explicit what is implied because if nothing is said, it is presumed that it is in equal shares. 3. "I give 1/2 to A, 1/4 B and 1/8 to C." This seems to imply accretion. a. Is it possible to have unequal pro indiviso shares? Yes. As long as they are "undivided," "aliquot" or "abstract." It is not required that they be in equal shares. What is required is that it be pro indiviso. b. Accretion will not apply according to commentators. Pro indiviso is not a good phrase, it should be "without any particular designation of shares." If equal shares.-- Art. 1017, accretion applies. If unequal shares, can accretion apply? (i) Yes.-- Art. 1016 (ii) No.-- Commentators. If sharing is not the same, accretion cannot take place. Art. 1017. The words "one-half for each" or "in equal shares" or any others which, though designating an aliquot part, do not identify it by such description as shall make each heir the exclusive owner of determinate property, shall not exclude the right of accretion. In case of money or fungible goods, if the share of each heir is not earmarked, there shall be a right of accretion. Art. 1018. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. Balane: Accretion takes place only if there is no representation. Some rules from Art. 1018 by implication: 1. In renunciation, there is always accretion. Why? Because there is no representation in renunciation. This applies only to intestacy and testamentary succession. 2. In intestacy, apply representation first. If there is none, then accretion will apply. 3. In testamentary succession, apply substitution first. If there is no substitution, then accretion will apply. Art. 1019. The heirs to whom the portion goes by the right of accretion take it in the same proportion that they inherit. Balane: This implies proportion is different. This applies in intestacy and not to testamentary (succession.) In testamentary (succession), shares are always equal bec. of designation of shares. In intestacy, it is possible to have different shares. E.g., full and half blood. Example, Estate = 600,000. If C predecease X, then B = 200,000 + 40,000 = 240,000 C = 200,000 + 40,000 = 240,000 D = 100,000 + 20,000 = 120,000 Share of C divided in the proportion they were to inherit. Art. 1020. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations which the heir who renounced or could not receive it would have had. Balane: 1. Co-heirs get (their) share with the same obligations and conditions. 2. Can representatives get accretion? Yes. If person represented will get the accretion, then the representative should (also) get the accretion. ------A / | \ a2 | ----B X ----| | ----C -----D Estate is worth 600. A predeceased X. B renounced. If all present, then 150 each. a1 and a2 = 150 + 50 = 200 C = 150 + 50 = 200 D = 150 + 50 = 200 B's share acquired by the others by accretion 150 a1 and a2 get accretion bec. they represent A in A's rights as if A is still around. They stand in the same position as a person represented. a1 and a2 get 75 each by right of representation, and 25 each by accretion. Art. 1021. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any of them and to a stranger. Should the part repudiated be the legitime, the other co-heirs shall succeed to in their own right, and not by the right of accretion. Art. 1022. In testamentary succession, when the right of accretion does not take place, the vacant portion of the instituted heirs, if no substitute has been designated, shall pass to the legal heirs of the testator, who shall receive it with the same charges and Art. 1023. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. Section 2.-- Capacity to Succeed by Will or by Intestacy. Art. 1024. Persons not incapacitated by law may succeed by will or ab intestato. The provisions relating to incapacity by will are equally applicable to intestate Balane: Par. 1.-- Ab intestato refers both to legitime and intestacy. Par. 2.-- Mistake - not true. Incapacity to succeed by will, 1027, 1028 and 1032, are they applicable to intestacy? Not all. a. Applies only to incapacity by will.-- Articles 1027, paragraphs 1 to 5, 1028 (applicable only in testamentary succession.) b. Applies to both.-- Articles 1027, par. 6, 1032.) Art. 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be living at the moment the succession opens, except in case of representation, when it is proper. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. Balane: General rule: Succession opens at the death of the decedent. (Art. 777.) The heir must be alive when succession opens. The same as Art. 1034. Exception: "In case of representation, when proper." This is wrong. The representative must be alive when the decedent dies. 1. B dies on Jan. 1996. B's wife is pregnant. X dies in March 1996. b1 is born in July 1996. Was b1 alive when X died? Yes. Art. 41, the foetus is considered alive from the moment of conception. This is not an exception bec. b1 is alive. 2. B is disinherited in 1996. X dies in 1997. b1 is born in 1999. a. Can b1 represent B? No. He was not living at the time X died. b. Can b1 inherit from X? No. Art. 1025, par. 1. Parish Priest of Victoria v. Rigor -- In the case, the priest provided that his estate will go to any of the nephews who may enter the priesthood. The nephew claiming, however, was born after the priest had died. As such , the nephew cannot inherit. Art. 1026. A testamentary disposition may be made to the State, provinces, municipal corporations, private corporations, organizations, or associations for religious, scientific, cultural, educational, or charitable purposes. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to Balane: Q: Can you make a testamentary disposition in favor of juridical persons? A: Yes, if allowed by their charter. They must exist, however, at the time of the death of the decedent. E.g., "I give 1/3 of my estate to David-Navato Organization, a non-incorporated org." Is this valid? No. It has no juridical personality Article 1027. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendants, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit. Balane: Numbers 1 to 5 have no application to legitimes. A. Example number 1. A, a priest, is a friend of B. B regularly goes to confession to A. B then becomes seriously ill. He executes a will instituting A to 1/3 to his estate. Is this testamentary disposition valid or is A capacitated to inherit from B? Yes. Example number 2. On his deathbed, X makes a will instituting Y, a priest. Thinking he will die, X calls Y to confess. Is Y capacitated to inherit from X? Yes. 1. When does par. 1 apply, in other words, when is the priest incapacitated to succeed? a. When the confession is made prior to the making of a will. If simultaneous, the priest is still disqualified. If the will is made first, the priest can inherit. b. If the confession was made before the will was made and the priest is the son of the sick person, can the priest inherit upon the death of the sick person? Yes. He can get the legitime. If the priest were a brother? Yes. He can inherit by intestacy. Disqualification applies only to testamentary dispositions. 2. "Priest or minister of the gospel."-- Despite this apparent restriction to Christian ministers, this applies to all spiritual ministers, e.g., Buddhist monks. Why? Because it is conclusively presumed that the spiritual minister used his moral influence to induce or influence the sick person to make a testamentary disposition in his favor. 3. Requisites: a. The will was made during the last illness b. The spiritual ministration must have been extended during the last illness c. The will was executed during or after the spiritual ministration. B. Relatives of the priest of minister of the gospel This widens the disqualification in A. Omission was made of the spouse of the minister of the gospel. What do you do? Apply Art. 1031. To disqualify the spouse, you have to show that the testamentary benefaction given to the wife was meant to benefit the minister. This is harder to prove. C. Guardian General rule: Disqualification applies when the disposition is made: After the guardianship began (beginning of the guardianship) --- Before termination of guardianship (approval of final accounts or lifting of guardianship.) Exception: Disposition is valid when the guardian is an ascendant, descendant, brother, sister or spouse. 1. This exception is not present in the case of a priest. Why? They were derived different laws. The omission in the case of the priest was stupid. 2. Seems to refer only to guardian of the property. Commentators agree that this also covers guardians over the person bec. the latter have more opportunity to influence the ward. D. Attesting witness. Correlate this w/ Art. 923. General rule: Witness, spouse.... are disqualified. Exception: If there are three (3) other witnesses to the will. E. Physician, surgeon, nurse, health officer or druggist. The latter must have taken care of the sick person. 1. The will was made during the last illness 2. The sick person must have been taken cared of during his last illness. Medical attendance was made. 3. The will was executed during or after he was being taken cared of. Art. 1028. The prohibitions mentioned in article 739, concerning donations inter vivos shall apply to testamentary provisions. Balane: This applies only to testamentary succession. Art. 1029. Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying it application, the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in article 1013. Balane: Disposition in favor of: (a) prayers; (b) pious works-- for the soul of the testator. 1/2 to the Church which the testator belongs and 1/2 to the State. This is because of Art. 1029, this is not a disposition in favor of an unknown person. Art. 1030. Testamentary provisions in favor of the poor in general, without designation of particular persons or of any community, shall be deemed limited to the poor living in the domicile of the testator at the time of his death, unless it should clearly appear that his intention was otherwise. The designation of the persons who are to be considered as poor and the distribution of the property shall be made by the person appointed by the testator for the purpose; in default of such person, by the executor; and should there be no executor, by the justice of the peace, the mayor, and the municipal treasurer, who shall decide by a majority of votes all questions that may arise. In all these cases, the approval of the Court of First Instance shall be necessary. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. Balane: 1. This is limited to the poor living at the domicile of the testator upon his death. This is not clear. What is the scope of domicile? Does it refer to country, province, city or barangay? 2. Who is to designate? (In the order of preference) a. Person appointed by the testator for that purpose b. Executor c. MTC judge, mayor, municipal treasurer. This never happens bec. if there are no a and b, the court appoints an administrator. Art. 1031. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be Balane: What you cannot do directly, you cannot do indirectly. This is the same as Art. 867, par. 4.-- Use of a (a) dummy; (b) contract Article 1032. The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life, or attempted against their virtues; (2) Any person who has been convicted of an attempt against the life of the testator, his or her spouse, descendants or ascendants; (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be groundless; (4) Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer of the law within a month, unless the authorities have already taken action; this prohibition shall not apply to cases wherein, according to law, there is no obligation to make an accusation; (5) Any person convicted of adultery or concubinage with the spouse of the testator; (6) Any person who by fraud, violence, intimidation, or undue influence should cause the testator to make a will or to change one already made; (7) Any person who by the same means prevents another from making a will, or from revoking one already made, or who supplants, conceals, or alters the latter's will; (8) Any person who falsifies or forges a supposed will of the decedent. Balane: Grounds 1, 2, 3, 5 and 6 are the same as in disinheritance. Number 4 has no application because there is no obligation to accuse. There is no law that obligates to accuse. Only a civic or moral duty but not a legal duty. Numbers 6, 7 and 8 cover six (6) cases of acts relating to a will: a. Causing the testator to make a will b. Causing the testator to change an existing will c. Preventing the decedent from making a will d. Preventing the testator from revoking his will e. Supplanting, concealing, or altering the testator's will. f. Falsifying or forging a supposed will of the decedent. There is no conflict with disinheritance despite similar grounds. Illustration: A, son of B, tries to kill B. B may disinherit him or not. If B disinherits him under Art. 919, then A is disqualified to inherit. However, even if B did not disinherit A, A is incapacitated to inherit bec. of Art. 1032. If disinherited under Art. 919, there is double disinheritance. Disinheritance in the will is redundant. In the common grounds, you do not have to disinherit in Art. 919 since the effect of Articles 919 and 1032 are the same. Art. 1033. The causes of unworthiness shall be without effect if the testator had knowledge thereof at the time he made the will, or if, having known of them subsequently, he should condone them in writing. Balane: 1. a. "Had knowledge at the time he made the will."-- In this case, it is presumed that the testator had pardoned the offender. b. "Known subsequently."-- Needs written pardon. 2. Problem: In disinheritance, incapacity to disinherit is lifted by reconciliation. But in Art. 1033, there must be a pardon in writing. This is strange. In Art. 919 - express will -- reconciliation is enough In Art. 1033 - presumed will -- needs written pardon. Problem arises if the testator made a will disinheriting. What rule do you apply if the reason for disinheriting was a common ground? a. If you follow the rules of disinheritance.-- Yes. b. If you follow the rules of unworthiness.-- No. Commentators.-- Rules of disinheritance should apply. To make the rules of unworthiness apply would be giving precedence to the presumed will over the express will. Art. 1034. In order to judge the capacity of the heir, devisee or legatee, his qualification at the time of the death of the decedent shall be the criterion. In cases falling under Nos. 2, 3 or 5 of article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. 4, the expirattion of the month allowed for the report. If the institution, devise or legacy should be conditional, the time of the compliance with the condition shall also be considered. Balane: Time to judge the capacity of the heir. Par. 1.-- Time of death. correlate with par. 1 of Art. 1025. The time succession opens, Par. 2.-- Grounds 2, 3 and 5.-- Wait for final judgment when conviction is needed. Par. 3.-- Conditional.-- Consider both time of compliance and time of death of the decedent. Art. 1035. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendant, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. Balane: This grants right of representation to children or descendants of incapacitated children or This covers the legitime and intestacy. It does not mention intestate share only legitime. Why? Because Art. 1035 assumes that the free portion has been disposed of completely. But if not, then intestate share is included. Art. 1036. Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are valid as to third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir. Balane: This applies the doctrine of innocent purchaser for value without prejudice to the right to damages of the prejudiced heirs against the incapacitated heir. Art. 1037. The unworthy heir who is excluded from the succession has a right to demand indemnity for any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. Balane: This is the right given to every possessor, whether he be in good or bad faith in Art. 443. Necessary expenses for preservation. Art. 1038. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into possession of the hereditary property, shall be obliged to return it together with its accessions. He shall be liable for all the fruits and rents he may have received, or could have received through the exercise of due diligence. Balane: Possessor in bad faith means he knows that he is incapacitated. He must return the property, fruits and rents. Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent. Art. 1040. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. It may be brought by any one who may have an interest in the succession. Balane: Right of heir to recover the inheritance must be exercised within five years. Section 3.-- Acceptance and Repudiation of the Inheritance. Art. 1041. The acceptance or repudiation of the inheritance is an act which is purely voluntary and free. Balane: 1. Acceptance.-- (a) voluntary; (b) free 2. Basic Rules a. Rules for acceptance are more liberal than the rules of renunciation because the former are beneficial to the heir while the latter is prejudicial to the heir. b. In case an heir is incompetent/ insane or a minor, acceptance or repudiation must be made by a representative. In case of renunciation, court approval is necessary bec. of a. Art. 1042. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. Balane: This is because of Art. 777 which states that "the right to the succession are transmitted from the moment of the death of the decedent." Art. 1043. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. Balane: This article requires: (a) certainty of death; (b) right to inherit (is established.) Art. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default to those mentioned in article 1030. Par. 1.-- Must have capacity to dispose of the property. a. Of age b. Not restricted in his capacity to act. Par. 2.-- Minors or incapacitated can inherit through their parents or legal guardians. But to renounce, judicial approval is necessary. Art. 1045. The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall be necessary. Balane: Acceptance needs a lawful representative while renunciation needs court approval. Art. 1046. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. Art. 1047. A married woman of age may repudiate an inheritance without the consent of her husband. Balane: General rule: A married woman may accept without the consent of her husband. Exception: If she is insane. In this case, however, the marriage is not the reason for the Art. 1048. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. Should they not be able to read and write, the inheritance shall be accepted by their guardians. These guardians may repudiate the same with judicial approval. Balane: General rule: Being a deaf-mute is not a restriction on the ability to accept or renounce as long as he can read and write. He may accept or renounce personally or through an agent. Exception: If he cannot read or write, he can only accept through a guardian. If he renounces, the renunciation needs court approval. Art. 1049. Acceptance may be express or tacit. An express acceptance must be made in a public or private document. A tacit acceptance is one resulting from the acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. Balane: Forms of acceptance: 1. Express.-- In clear and explicit terms. In writing, whether in a private or public 2. Tacit.-- Art. 1050.-- Results from acts from which intent to accept is implied. 3. Implied.-- Art. 1057.-- If does not do anything w/in thirty (30) days, then it is deemed accepted. Art. 1050. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. Balane: Par. 1.-- Acts of ownership-- to do these acts, the heir must have accepted the Par. 2.-- Heir is really giving it-- to do this, the heir must have accepted it first Par. 3.-- Sells it-- must have acquired something before you can sell. However, if gratuitous in favor of co-heirs indiscriminately, to whom it would have devolved by accretion, then true renunciation. Art. 1051. The repudiation of an inheritance shall be made in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testamentary or intestate proceedings. Balane: Forms of renunciation: 1. Public or authentic document 2. Petition presented to the court. Strict form is required. One cannot renounce tacitly or impliedly. Art. 1052. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the The acceptance shall benefit the creditors only to an extent sufficient to cover the amount of their credits. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. Balane: Accion Pauliana.-- The right of the creditor to set aside dispositions or renunciations prejudicial to them. How much? To the extent to cover the debt only. The excess is given to whom it would properly belong. This assumes that you do not have enough money to pay your creditors. Art. 1053. If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. Balane: Why? Because the right has vested in him at the time the decedent died. Art. 1054. Should there be several heirs called to the inheritance, some of them may accept and the others may repudiate it. Balane: Illustration: X died on Jan. 1, 1996. A died on Jan. 14, 1996 without having accepted or repudiated the inheritance. a, b and c get the rights of A. Any of them may renounce. If a and b renounce, then 2/3 of A's share is deemed renounced. No accretion takes place between a, b and c. Partial acceptance is allowed. E.g., B renounces 2/3 of what he will get. Art. 1055. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. Balane: If the heir is both a testate and intestate heir: 1. If he renounces in a testate capacity.-- He is deemed to have renounced in both capacities. Why? If the heir rejected an express will, then he is deemed to have rejected the implied will. 2. If he renounces in an intestate capacity, whether he had knowledge that he was a testate heir or not, only his capacity to inherit as an intestate heir is renounced. Even if he had knowledge, he may want to accept the testate share to show respect for the will of the testator. Philosophy behind this is that testamentary succession is superior to intestate succession. Note: Legitime is treated separately.-- This may be accepted or renounced separately. The heir may accept the testate share and reject the legitime and vice versa. Art. 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears. Balane: General rule: Irrevocability of acceptance or repudiation. Exceptions: 1. Vitiated consent, e.g., when there is fraud 2. When an unknown will appears.-- You cannot renounce what you do not know. Art. 1057. Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. If they do not do so within that time, they are deemed to have accepted the Balane: Implied acceptance.-- The thirty day period is counted from the receipt of the order. Section 4.-- Executors and Administrators. Art. 1058. All matters relating to the appointment, powers and duties of executors and administrators and concerning the administration of estates of deceased persons shall be governed by the Rules of Court. Art. 1059. If the assets of the estate of a decedent which can be applied to the payment of debts are not sufficient for that purpose, the provisions of articles 2239 to 2251 on Preference of Credits shall be observed, provided that the expenses referred to in article 2244, No. 8, shall be those involved in the administration of the decedent's estate. Art. 1060. A corporation or association authorized to conduct the business of a trust company in the Philippines may be appointed as an executor, administrator, guardian of an estate, or trustee, in like manner as an individual; but it shall not be appointed guardian of the person of a ward. Balane: Articles 1058 to 1060.-- For the procedural aspects, see Rules 73 to 91 of the Rules of Section 5.-- Collation. Balane: Definition: Steps taken to settle the estate to be able to give it to the heirs. Three (3) senses: 1. Computation.-- Get together all assets, subtract the debts and add the donations to get the net hereditary estate. 2. Imputation.-- Determine if the donation is chargeable/ imputable to the legitime or the free portion. General rule: If compulsory heir, imputable to the legitime. Exception: If testator has provided otherwise. 3. Restoration/ return.-- If donation to a stranger exceeds the free portion, he would have to give back to the estate as much as is needed to complete the legitimes. This will not happen if the legitimes are not impaired. Art. 1061. Every compulsory heir, who succeeds with other compulsory heirs, must bring into the mass of the estate any property or right which he may have received from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir, and in the account of the partition. Balane: First sense, computation. This is the same as the third step in Art. 908. Inaccuracy in the provision.-- "collation done by compulsory heirs."-- All donations are collated provided there is at least one compulsory heir bec. there will be a legitime. Art. 1062. Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate the inheritance, unless the donation should be reduced as inofficious. Balane: Second sense, imputation. (Articles 909, 910.) General rule: Donation to a compulsory heir shall be collated (imputed) to his legitime. Exceptions: (1) Donor provides otherwise. In such a case, it will be imputed to the (2) Donee repudiates the inheritance. Art. 1063. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. Balane: Second sense, imputation. Testamentary Disposition. This is imputed against the free portion and not against the legitime. The heir gets legitime + testamentary disposition. Why? If not, what is the use? He will get it anyway. Unless, of course, if it impairs the legitime of others. Art. 1064. When grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. They shall also bring to collation all that they may have received from the decedent during his lifetime, unless the testator has provided otherwise, in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced. "Grandchildren" refer to all descendants who inherit by representation. B predeceased X. 1. In 1988, X donated to B P70,000. 2. In 2001, X donated to b1 and b2 P50,000 What will b1 and b2 impute when X dies? Par. 1.-- 1988 donation.-- Yes bec. B would have imputed it (if he) were he alive. Par. 2.-- 2001 donation.-- Yes. This is not logical bec. b1 and b2 inherit by representation. The general rule is that only persons who receive the donation are bound to impute it. Art. 1065. Parents are not obliged to bring to collation in the inheritance of the ascendants any property which may have been donated by the latter to their children. | / \ a1 b1 b2 In 1995, X donated to a1. In 2001, X dies while A is still alive. Will A impute the donation to a1? No. a1 is considered a stranger bec. he is not a compulsory heir. Impute vs. the Art. 1066. Neither shall donations to the spouse of the child be brought to collation; but if they have been given by the parent to the spouses jointly, the child shall be obliged to bring to collation one-half of the thing donated. A' ----A Two cases: 1. X donates to A' only, imputed to the free portion. 2. X donates to both A and A', impute 1/2 to legitime of A and 1/2 to the free portion. Rule: Donation given to the spouse will not be imputed to the legitime of the descendant spouse bec. the spouse is considered a stranger. Art. 1067. Expenses for support, education, medical, attendance, even in extraordinary illness, apprenticeship, ordinary equipment, or customary gifts are not subject to collation. 1. Overlap between support in the NCC and in the FC.-- Support in the FC already includes medical attendance. 2. All expenses in Art. 1067 are not imputed to the legitime.-- Including 6 things in support in the FC. Art. 1068. Expenses incurred by the parents in giving their children a professional, vocational or other career shall not be brought into collation unless the parents so provide, or unless they impair the legitime; but when their collation is required, the sum which the child would have spent if he had lived in the house and company of his parents shall be deducted therefrom. This qualifies Art. 1067. General rule: Imputed versus the free portion. Exceptions: (1) When parents provide otherwise (2) When it impairs the legitimes of other compulsory heirs. But if you lived away from home, deduct the living expenses from what would be imputed against your legitime. This is inconsistent bec. this is included in support under the Family Code. Art. 1069. Any sums paid by a parent in satisfaction of the debts of his children, election expenses, fines, and similar expenses shall be brought to collation. Art. 1070. Wedding gifts by parents and ascendants consisting of jewelry, clothing, and outfit, shall not be reduced as inofficious except insofar as they may exceed one-tenth of the sum which is disposable by will. Wedding gifts.-- Two views: 1. Literal.-- Cannot be beyond 1/10 of the free portion. If it exceeds, return the excess. 2. Liberal.-- a. below 1/10 of the free portion, impute to the free portion b. above 1/10 of the free portion, impute to the legitime. E.g., Estate is worth 600. There are 3 children. Legitimes = 300. When A got married, he was given a gift of 40. This is more than 1/10 of the free portion. 1. Literal = 30, impute to the legitime 10, return 2. Liberal = 30, impute to the free portion 10, impute to the legitime. Art. 1071. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. Their subsequent increase or deterioration and even their total loss or destruction, be it accidental or culpable, shall be for the benefit or account and risk of the donee. Balane: Par. 1.-- First and second senses, computation and imputation. What do you compute? The value at the time of the donation. Par. 2.-- Any change in the value is for the account of the donee. Why? Bec. the donee is the owner of the thing donated. (Res perit domino.) Art. 1072. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. That given by one alone shall be brought to collation in his or her inheritance. Balane: First and second senses, computation and imputation. This provision contemplates joint donation by parents from their common property. a. 1/2 computed for determination of the estate of the husband. b. 1/2 computed for determination of the estate of the wife. Same rule for imputation w/ respect to the donee. Impute 1/2 to father and 1/2 to mother. Art. 1073. The donee's share of the estate shall be reduced by an amount equal to that already received by him; and his co- heirs shall receive and equivalent, as much as possible, in property of the same nature, class and quality. In partition, there should be among heirs of the same class, as much as possible, equality not only as to value but also as to kind and nature. This is subject, of course, to a contrary agreement of the heirs concerned. Art. 1074. Should the provisions of the preceding article be impracticable, if the property donated was immovable, the co-heirs shall be entitled to receive its equivalent in cash or securities, at the rate of quotation; and should there be neither cash nor marketable securities in the estate, so much of the other property as may be necessary shall be sold at public auction. If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its just price. Applies if Art. 1073 is not possible. 1. Immovables-- cash or securities 2. Movables-- similarly valued movable Art. 1075. The fruits and interest of the property subject to collation shall not pertain to the estate except from the day on which the succession is opened. For the purpose of ascertaining their amount, the fruits and interest of the property of the estate of the same kind and quality as that subject to collation shall be made the standard of assessment. Balane: Third sense, return. 1. Assume that the property donated has to be returned bec. the legitime has been impaired. The return may be total or partial. 2. Donee may return: (a) property; (b) cash value 3. Obligation to return arises at the time of death. The fruits are also returned from that time. The amount depends on how much of the property has to be returned. E.g., A donated to X a mango plantation. 1. If X has to return all, return all the fruits from the time of the death of A. 2. If X has to return 1/2, return 1/2 of the fruits from the time of the death of A. Baviera: At the moment of death of donor, donee's right over the property is modified Art. 1076. The co-heirs are bound to reimburse to the donee the necessary expenses which he has incurred for the preservation of the property donated to him, though they may not have augmented its value. The donee who collates in kind an immovable, which has been given to him, must be reimbursed by his co-heirs for the improvements which have increased the value of the property, and which exists at the time the partition is effected. As to works made on the estate for the mere pleasure of the donee, no reimbursement is due him for them; he has, however, the right to remove them, if he can do so without injuring the estate. Balane: Third sense, return, on the assumption that the donation is totally inofficious. Par. 1.-- The donee, being the rightful owner, has to be reimbursed the necessary expenses. How much? It depends on how much is collated. (same as Art. 1075.) Par. 2.-- Useful expenses.-- Apply the same rules as in necessary expenses. Par. 3.-- Ornamental expenses.-- No right to reimbursement but has the right to remove. These are incidental obligations arising from collation in the third sense. Art. 1077. Should any question arise among the co-heirs upon the obligation to bring to collation or as to the things which are subject to collation, the distribution of the estate shall not be interrupted for this reason, provided adequate security is given. Art. 51. xxx The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either or both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. (Family Code, par. 3 thereof.) Art. 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the admin- istrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be charged to the child's legitime. (Family Code.) Balane: All three (3) senses. Section 6.-- Partition and Distribution of the Estate. Subsection 1.-- Partition. Balane: Partition.-- Procedural, a special proceeding. This is relevant if there are two or more heirs. Decedent dies---> Successional rights ---> But property---> Co-ownership---> Eventually, get---> Divide vest in the heirs is still there among heirs things together (first immediate effect (second imme- and compute Among of death) diate effect of Heirs death) Art. 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its Balane: Definition.-- "Separate, divide and assign." 1. Ways to go about partition. a. Extrajudicially.-- Decedent dies intestate and there are no debts. (i) All the heirs agree among themselves.-- Upon agreement, partition is already valid. (ii) If registered property is included, publish the partition in a public document (iii) Go to the Register of Deeds to have titles transferred b. Judicial (i) Settlement proceeding (ii) Ordinary action on co-ownership 2. General Procedure a. If with a will, it must first be probated. After probate, the heirs can choose between: (i) Extrajudicial (ii) Judicial.-- Judge will divide but will first give the heirs a chance to submit their own partition. b. If the heirs do not agree on the partition , the judge will appoint a commissioner. c. Commissioner will submit a project of partition to the judge. This project of partition, however, is not binding on the judge. d. The judge will issue an order of partition. Property will be adjudicated among the heirs accordingly. Art. 1080. Should a person make a partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice the legitime of the A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. Balane: Par. 1.-- Person can make partition. How? 1. By will-- making two things: a. Testamentary disposition.-- State what value the person will get. b. Partition.-- State specific property the heir will get or what comprises the E.g., X has no compulsory heirs. He states in his will "I give to A 1/3 of my estate. To comprise A's share, I would like her to get my house in Alabang." The testator is allowed to do so even if he has compulsory heirs. The partition is valid as long as the items given do not impair the legitime. 2. Act inter vivos, e.g., private writing not a will. a. Rule under the OCC -- to do this, there has to be a prior existing will. Why? If no prior existing will, you are giving the person power to make dispositions not in the form of a will. This is seen in the use of the word "testator" in the article. b. Rules under the NCC, is it valid? (i) Yes, as long as (it is) strictly confine(d) to rules of intestate succession since there is no will. (You) can only state what properties they are to receive and not make testamentary dispositions. (ii) Otherwise, he will have to make a supporting will. This is seen in the use of the word "person" in the article. Note: (This) can still be done in (the) manner done in the OCC. Example: Estate of A consists of RTW factory and cash. A has 3 compulsory heirs X, Y and Z. A wants the factory to go to X. A makes a partition "Factory to X. Y and Z are to get their legitime in cash." This is valid. Bec. legitimes are only values and not specific properties. Also, the legitimes are not impaired. Chavez v. IAC.-- In the case, Manuela assigned or distributed her estate equally among her six (6) children. Three of those sold their share to a sister, Concepcion, with the consent of Manuela. Manuela then sold the entire property to Ferrer. Was the partition by an act i nter vivos valid? Yes. Art. 1080 allows the person to make a partition. If the partition is by will, it must be with the formalities on wills. If the partition is by an act inter vivos, the partition may be oral or written, and need not be in the form of a will, provided the partition does not prejudice the legitime of the compulsory heirs. The deeds of sale between Concepcion and her sisters are valid bec. they are not contracts with respect to future inheritance but rather a contract perfected and consummated during the lifetime of Manuela, who signed and gave her consent. Art. 1081. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. The provisions of this and of the preceding article shall be observed even should there be among the co-heirs a minor or a person subject to guardianship; but the mandatary, in such case, shall make an inventory of the property of the estate, after notifying the co-heirs, the creditors, and the legatees or devisees. Balane: 1. Under this article, partition may be made by: (a) the testator himself; (b) Third person who is not an heir. 2. Does this article also prohibit a devisee or legatee from being appointed? It is not certain. If he is given a specific portion, then there is no temptation to favor himself. But if his share be a generic portion, then the temptation exists. 3. Mandatary refers to a person entrusted to make the partition. Art. 1082. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, an exchange, a compromise, or any other transaction. Balane: Any act or any mode of distribution that ends the co-ownership is a partition. The rules on co-ownership apply. 1. Physical partition, e.g., actually dividing the land. 2. Constructive partition- Art. 1086 If indivisible (e.g., a house) or if it will be greatly impaired if partitioned. How do you partition? by constructive partition. a. Assign the property to the one who will give the other share in cash. b. If any object, the property is sold at public auction. Why will any object? Public auction will usually bring a higher selling price. Q: How do you determine if the property is indivisible or not? A: By agreement between the co-owners. If none, the courts will decide. Art. 1083. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. This power of the testator to prohibit division applies to the legitime. Even though forbidden by the testator, the co-ownership terminates when one of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. Balane: General rule: Any of the co-heirs can demand a partition at any time. Exception: Partition is forbidden by the testator in his will. This applies even to the legitime. But it cannot exceed twenty (20) years. Par. 2.-- Despite the prohibition, if any ground in Articles 1830 or 1831 (grounds for dissolution of a partnership exists), partition will happen. Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. Balane: Why? Right as heir vests only when the suspensive condition happens. What about the other heirs? They can ask that the property be partitioned but they must give security. Art. 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-heirs things of the same nature, quality and kind. Balane: We already saw this in Articles 1073 and 1074. It applies to heirs similarly situated. It is subject to agreement between the parties. Art. 1086. Should a thing be divisible, or would be much impaired by its being divided, it may be adjudicated to one of the heirs, provided he shall pay the others the excess in cash. Nevertheless, if any of the heirs should demand that the things be sold at public auction and that strangers be allowed to bid, this must be done. Balane: If one or more of the heirs demand that the property be sold publicly, then this prevails over the offer of one to give the others their share in cash because he will buy it. Art. 1087. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect. Illustration: A, B and C are heirs. A, B and C take possession and manage a fishpond, citrus plantation and apartment house respectively. Later, they decide to partition the property. Assuming they have equal shares, they must each account for the fruits actually received and these fruits will be divided equally among them. A received 30 as fruits B received 50 as fruits C received 20 as fruits Add this and divide equally among them. Art. 1088. Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor. Art. 1620. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them, are sold to a third person. If the price of the alienation is grossly excessive, the redemptioner shall pay only a reasonable one. Should two or more co-owners desire to exercise the right of redemption, they may only do so in proportion to the share they may respectively have in the thing owned in common. Art. 1619. Legal redemption is the right to be subrogated, upon the same terms and conditions stipulated in the contract, in the place of one who acquires a thing by purchase or dation in payment, or by any other transaction whereby ownership is transmitted by onerous title. Balane: A. The right of redemption given to the co-heir provided the co-heir/ vendor sold his undivided share or a portion thereof in the estate. Article 1620 on legal redemption and Art. 1088 are the same. The only difference is in the application. 1. Art. 1620 applies to specific property 2. Art. 1088 applies to hereditary mass B. How will the right of redemption be exercised? 1. If only one will redeem, he will pay the purchase price. 2. If more than one will redeem, they will pay purchase price proportionally to their share in the property. Note: Share must have been sold to a stranger. If sold to a co-heir, the right of redemption does not exist. Why? The purpose is to keep the proprietary mass w/in the co- Art. 1089. The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated. Balane: Once partition is made, respective titles are given to the respective heirs. Why? So that they can transfer the titles in their names. Art. 1090. When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. If the interest of each co-heir should be the same, the oldest shall have the title. Balane: (This is) to enable everybody to get their respective properties Usually you must have the land resurveyed. Subsection 2.-- Effects of Partition. Art. 1091. A partition legally made confers upon each heir the exclusive ownership of the property adjudicated to him. Balane: Effect of partition.-- Art. 1091 or to terminate co-ownership. Art. 1092. After the partition has been made, the co-heirs shall be reciprocally bound to warrant the title to, and the quality of, each property adjudicated. Balane: Warranties are the same as in sales: 1. Eviction (title.) 2. Hidden defects (quality.) E.g., Three co-heirs A, B and C divided the land they inherited equally. But part of the land given to A did not really belong to the predecessor so A losses part of his share. What happens? B and C will be liable for the warranty for the part lost. They will either: (a) give cash; or (b) give land. Art. 1093. The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respective hereditary shares of the co-heirs; but if any of one of them should be insolvent, the other co-heirs shall be liable for his part in the same proportion, deducting the part corresponding to the one who should be indemnified. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. Balane: Illustration: A, B, C and D. A lost part (as in Art. 1092) worth 90. 1. B, C and D will share equally in the 90, 30 each 2. If D is insolvent, A, B and C will shoulder his 30 share, 10 each 3. General rule: A, B and C have a right of reimbursement against D should his financial situation improve. Exception: If D gets a judicial declaration of insolvency. This wipes out all his debts. Art. 1094. An action to enforce the warranty among co-heirs must be brought within ten years from the date the right of action accrues. Balane: The ten (10) years is counted from the time the portion was lost or the hidden defect was discovered. Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. The warranty of the solvency of the debtor can only be enforced during the five years following the partition. Co-heirs do not warrant bad debts, if so known to, and accepted by the distributee. But if such debts are not assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs. Balane: 1. Can you assign a credit? Yes. A credit is a property. 2. Time of insolvency of the debtor is important. a. If the debtor was originally solvent (solvent before the assignment), then later on becomes insolvent, the co-heirs are not liable. b. If the debtor was insolvent before the partition. General rule: Warranty holds and co-heirs are liable. Exception: If co-heir/ distributee knew of the insolvency and still accepted the bad debt, then the co-heirs are not liable. Art. 1096. The obligation of warranty among co-heirs shall cease in the following cases: (1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired; (2) When it haws been so expressly stipulated in the agreement of partition, unless there has been bad faith; (3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. Balane: The warranty does not exist in the situations given. For par. 1.-- General rule: Warranty does not apply. Exception: If legitimes are impaired. Subsection 3.-- Rescission and Nullity of Partition. Art. 1097. A partition may be rescinded or annulled for the same causes as contracts. A. Rescission.-- Articles 1381 to 1382. B. Annulment.-- Art. 1390. 1. Party incapable of giving consent 2. Vitiated consent a. Mistake b. Violence c. Intimidation d. Undue Influence e. Fraud. Art. 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one- fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. Balane: Lesion is the same as that in Art. 1381, paragraphs 1 and 2. This applies whether the partition was judicial or extrajudicial. E.g., A is a co-heir of B and C. A is entitled to receive 100. In partition, he receives: 1. Property worth 80. No rescission of partition bec. the lesion is less then 1/4. But A has rights under the warranties. So he can ask for completion. 2. Property is worth 75. There is lesion so A can demand for the rescission of the partition. In actuality, (this is) hard to do-- how do you prove values, they are very subjective. This is not looked upon w/ favor by Civil Law commentators. Art. 1099. The partition made by the testator cannot be impugned on the ground of lesion, except when the legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the intention of the testator was otherwise. Balane: If partition was done by the testator.-- General rule: The heirs cannot demand rescission on the ground of lesion. Exceptions: (1) when the legitime of any compulsory heir was impaired. (2) when the testator's intent was not carried out. Art. 1100. The action for rescission on account of lesion shall prescribe after four years from the time the partition was made. Balane: Prescriptive period.-- Four (4) years from the time the partition was made. Art. 1101. The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition. Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff. If a new partition is made, it shall affect neither those who have not been prejudiced nor those who have not received more than their just share. Balane: If there is lesion, there are two (2) options: 1. Make a new partition 2. Give the prejudiced heir the monetary equivalent of the damage. Who can choose? The heir sued. E.g. A, B and C. A is supposed to receive 100,000. He receives only 70,000. A sues B and C. B and C has the choice of which option to follow. Art. 1102. An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash. Balane: This provision does not mean much. Art. 1103. The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted. Balane: This contemplates a case where there is an incomplete partition. Why? E.g., It was not known that they existed. The solution is to partition the newly discovered objects. Art. 1104. A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. Balane: This refers to omission of heir in partition and not to preterition. The heir omitted has the right to demand his share. Art. 1105. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. Balane: This is the opposite of Art. 1104. It does not nullify the partition. It makes the recipient return what was mistakenly given to him. Wille und Testament Intestität Zivilrecht (Rechtssystem) Dokumente ähnlich wie Succession Up Balane roman law codes nicoromanos Muslim Law- Inheritance Sonali Sengupta ZydalgLadyz Nead Mark Pastrana In the Matter of the State of Emil H Johnson 12767 Gideon Ines Transfer Tax Table srbabapo Page 1 of 9.docx mccm92 Institution to Conditional Assigned Cases razamora81_325924543 Civil Law 2012 Bar Questions Peter Lloyd Carpio Revised Wills and Succession Michael Malvar Nuguid vs Nuguid - G.R. No. L-23445. June 23, 1966 dbgraze Morales vs. Olondriz Digest Tax 22015 Aireenmae Torillo 73. Testate Estate of Ramirez v. Vda. de Ramirez, G.R. No. L-27952, [February 15, 1982], 197 PHIL 647-656) yasuren2 G.R. 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« Submission To War Stealth – evolution of justification » News: USAF rules out international A-10 sales Posted by picard578 on July 24, 2015 http://www.flightglobal.com/news/articles/usaf-rules-out-international-a-10-sales-414975/ USAF has decided not to sell the A-10 to its allies. Why this decision? Because selling the A-10 would run contrary to everything USAF was and is saying. USAF has for years, and against all evidence, maintained that the A-10 is unsurvivable and that fast jets can and will do its job – close air support – just as well if not better. Further, selling the A-10 would reduce – however slightly – prospects for F-35 sales. F-35 is primarily a ground attack aircraft, while A-10 does nothing but ground attack, and thus two are competitors. A-10 can also be easily maintained by countries they get sold to, which means no profits for Lockheed Martin and co. from lucrative maintenance contracts. As it stands, greed and low selfishness will kill the A-10. USAF has no interest in close air support, and it seems that it will finally manage to get rid of the mission alltogether. This entry was posted on July 24, 2015 at 4:06 pm and is filed under news. Tagged: A-10, retirement, sales, Thunderbolt II, USAF, Warthog. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. 18 Responses to “News: USAF rules out international A-10 sales” Jan said Hear,hear This should not come as a surprise to anyone. I think there may be one other motivation behind this: fear. If the A-10 proves itself in the hands of other nations, then it would draw scrutiny to the viability of CAS and the wisdom of retiring it. Silavite said Aye, I was about to say the same thing. Though part of me doubts if the low and slow philosophy’s advantages in finding and ID-ing targets is worth the reduced survivability. The Germans in WWII retired the Ju-87 Stuka in favor of the FW-190F for ground attack due to the Stuka’s low speed vulnerability. Oh for sure you’ll take more aircraft casualties. But without CAS, you’ll take more ground casualties than you will lose in aircraft. A Fw-190 speed aircraft though is very viable (perhaps faster). I suppose it is the closest thing there is to a “real multirole” (vs the F-35) aircraft: – Air cooled radial engine made it good for survivability vs ground fire – Good transient performance – Straight wings so it was agile at CAS-speed maneuvers and back in WWII of course, wings were not swept unlike modern aircraft – Good visibility from the cockpit Still, there were ground and air attack variants of the Fw–190. Yeah. The A and D versions were air to air, F versions were ground attack. The FW-190 also had a good bit of armor. Here’s the FW-190 A-8 Manual. http://www.qattara.it/Documents/fw190a8.pdf There are a few pages about its armor. Also, this is an interesting post. http://forum.worldoftanks.eu/index.php?/topic/212195-speculation-thread-upcoming-tanksupgrades/page__st__100__pid__4671463#entry4671463 There was that exercise between the Rafale and the F-22 too. Picard had an article about it: https://defenseissues.wordpress.com/2013/12/21/on-rafale-vs-f-22-bfm/ I noted in the comments that these were air to ground pilots – air to air would be even more favorable for the Rafale likely and it was basically a draw. Something that always bothered me about the A-10 is that the only gun mounted internally is the GAU-8. Like the early Mk IV tanks, there should be “male” and “female” versions. The female version keeping the GAU-8 with its high rate of fire for destroying light vehicles and infantry, but the male version would carry a larger but slower firing cannon for attacking tanks and busting bunkers. The Germans did something like this with the Ju-87 Stuka. They had the 37mm BK 37 gunpods for dealing with tanks… and the WB 81 gunpods with 6x 7.92mm MG 81 for light targets. I do remember a certain Soviet Tu-2 experimental that took this concept to the extremes… A Tu-2 with 88(!) PPSh-41’s in it’s bomb bay. That, or machine guns in wings. I’ve been thinking about flight profiles for A2A missiles, and I’ve hit upon an idea. Most (if not all) BVR missiles fly a flight profile which leads the target in order for the missile to fly the most efficient route (I’ll call this method ‘tracking’). Most WVR missiles (Ex, AIM-9) are programmed to simply point their velocity vector at the target (I’ll call this method ‘homing’). Tracking seems like the clear-cut better method to use, however, homing has some important advantages. – The missile only needs to know the direction to the target’s position. With tracking, the target’s speed and range need to be calculated, which are much more difficult to obtain. – Homing is simpler, so it will probably be more reliable/cheaper/require less equipment. – A missile that is tracking will have more difficulty in hitting a target which is maneuvering. A tracking missile needs to account for the target’s maneuvers and its own lead, whereas a homing missile only needs to account for the target’s maneuvers. Homing does take a penalty in max range when compared to tracking, but this seems only to be a factor in shots where the target is non maneuvering. My conclusion is that extreme range A2A missiles for large targets (AWACS killers and such) should still use tracking, but all missiles used against fighters should use tracking. but all missiles used against fighters should use HOMING.* Had a bit of a mental lapse there. Against an agile target, homing seems like the way to go. Tracking is only going to ever work if you can fire with complete surprise and the target is not aware for the duration of the flight. Either that or the target cannot maneuver well. Then there’s the missile rocket motor itself. Smaller = better against an agile target. As noted before, using stages like a rocket is a good idea. The problem with stages is two-fold. First, the missile must be large enough and have a high enough fuel fraction so that making separate stages is worthwhile. Second, the addition of a staging system and additional propulsion system would have a negative effect on reliability. To what degree, however, I don’t know. I had an idea of two-stage missiles, primarily for AWACS killing but also anti-fighter engagement. Take a look at my fighter proposal (v)6 for them. Although there may be a risk of a second or first stage failure, I think that the agility of having the final stage as light and as agile as possible will more than make up for it against a maneuvering target. Much like aircraft, smaller and lighter just means more agile. Less inertia and better transient performance. Something of a shot in the dark, but I’m going to go on a tangent or two since there isn’t much activity going on here at the moment. First off, what do you think of the Hs-129? I vaguely remember you saying in some article that it was the stuka’s worthy successor that was cut off due to the Luftwaffe’s disdain for CAS. While the plane did have a great deal of armor, two air-cooled engines, and a powerful gun, it was lacking in other crucial areas. First off, the plane had no gunner/observer, not to mention that the pilot was in a cockpit with absolutely terrible visibility. Even flying low and slow, I’d imagine situational awareness would be a major problem. Second, the plane had engines that were too weak to lift anything other than a gunpod or 250 kg bomb, and it had very bad acceleration/climb flying clean. The Gnome-Rhone 14M was, however, too tiny to extract any more power than the 520 KW it was putting out (19 L, 419 kg, 950mm diameter, 1251mm length). A new engine would probably be around 1200mm in diameter to get 750 KW. Second tangent, anti tank ammunition for aircraft guns. The reason the A-10 doesn’t use 30mm APDS is due to the fact that the sabots would be at risk of being sucked into the engines, and APCR rounds would sacrifice a great deal of penetration over range that they are fired at. Thus, the only option is solid 30mm ammunition for AT duty. There is, however, another ammunition type which has been long forgotten: Armor Piercing Composite Non Rigid (APCNR). It is an APCR round which is designed to be fired out of a gun with a tapered barrel. The smaller barrel makes the flanges of the APCNR shell flush with the penetrator after it leaves the barrel, drastically cutting down on drag, and thus penetration dropoff while keeping a subcaliber projectile. The big catch is that the tapered barrel puts a hard diameter limit on shells’ diameter, meaning HE shells would have much reduced effectiveness. I suppose something like the littlejohn adaper would be possible which would allow switching between full bore and subcaliber, but it seems like swiching barrels midflight would be difficult. Perhaps a twin barrel rotary cannon, one with a tapered barrel and one full caliber with an ammunition belt mixed 50/50? “First off, the plane had no gunner/observer, not to mention that the pilot was in a cockpit with absolutely terrible visibility.” IIRC, Hs-129B-1 fixed the visibility problems. As for lack of gunner-observer, that is a handicap, but not crucial one considering low speeds it operated on (A-10 is still the best CAS aircraft in the West despite being single-seat). “Perhaps a twin barrel rotary cannon, one with a tapered barrel and one full caliber with an ammunition belt mixed 50/50?” No need for rotary gun, you could have two guns with different ammo feeds, or one gun with selective feed. Revolver gun would be good as well (less space required for the same caliber).
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How things look through an Oregonian's eyes « Dog walk photos remind me why I love where we live | Main | Cara Kaser will be a great Salem city councilor » Impassioned testimony at City Council hearing on a new police facility Here's the post I put up a little while ago on my Strange Up Salem Facebook page while I sat in the City Council chambers and listened to a lot of people testifying about the City of Salem's proposal for a new $80 million, 150,000 square foot police facility. O'BRIEN SITE ROCKS. BLOCK SOUTH OF LIBRARY SUCKS. This is the clear message of the many people who are testifying at tonight's Salem City Council public hearing on a new police facility. Great turnout. Lots of impassioned testimony. People who live and work at the block south of the Library (Leslie block) don't want to lose their homes and livelihood. Listening to them, I kept thinking, "Why didn't City staff and the DLR Group consultants see this coming?" So far, nobody, repeat NOBODY, is in favor of demolishing the Leslie block for a giant police facility. But this was one of two site possibilities a City Council subcommittee came up with after hearing from the DLR Group consultants. Yet some people have been saying that these expert consultants HAVE to be trusted when it comes to the size and cost of a new police facility: 150,000 square feet, $80 million, even though they obviously were wrong about the suitability of one of the top two sites. My testimony focused on the need to earthquake proof City Hall and the Library -- which was part of a Public Safety bond proposal until the size of the police facility doubled in size and cost after the new DLR Group consultants from Chicago were hired. I haven't heard a single person speak in favor of letting children at the Library die because a vastly over-priced police facility has sucked up all the money that was previously going to fund seismic upgrades to the Library and City Hall. But many people have spoken about the need to earthquake proof the Civic Center. Now that the site seems to have been chosen, the O'Brien property just north of downtown, the next Big Question will be whether seismic upgrades are made part of a Public Safety bond. Like I said in my testimony, if it is important to get Police Department staff out of the ground floor of City Hall because the building will collapse when (not if) the Big One earthquake hits, why isn't it equally important to save the lives of other employees at the Civic Center, and visitors to City Hall and the Library? I'm still waiting to hear an answer to this question from City officials and the DLR Group consultants. Until I hear a convincing reason why building an extravagant Police Palace is more important than saving lives at City Hall and the Library, I'm going to continue to support the Salem Community Vision proposal: Salem voters should be asked to approve a $50 million bond measure that includes full funding for a $30 million, 75,000 square foot police facility at Commercial and Division streets, along with $20 million for seismic upgrades and other renovations at the Civic Center. See: https://www.scribd.com/doc/298574893/SCV-Police-Facility-Position-Paper-02-08-2016 Posted at 09:57 PM in Salem | Permalink I understand why the OBrien site is coming to the top - it is for sale, centrally located, and it's big. The police station is a fit for the OBrien site, but is anyone thinking about is the OBrien site perfect for a police station? Is that really the highest and best use, or was it selected because it was big and available? The OBrien site's highest and best use might be for market rate or workforce housing in the North Broadway. Additional housing would increase property taxes (instead of taking the land off the tax roles) and stimulate business and services in the North Broadway Mixed Use area. I am not sure the police station will do the same. Posted by: Carole Smith | March 01, 2016 at 11:49 AM Carole, good points. I've thought along those lines also. Probably what you said should have been considered more seriously by the City of Salem and its consultants. Along this line, I was surprised to hear someone say at last night's public hearing that if a police facility isn't built on the O'Brien site it could stay empty and derelict for decades. That doesn't ring true to me. A Statesman Journal story published soon after the auto dealership left for another location said that the property was desirable and, if I recall correctly, probably wouldn't be vacant for long. It's such a central location, it sure seems like various uses could be made of it. Posted by: Brian Hines | March 01, 2016 at 12:14 PM Brian do you know how much these consultants cost the city for their work? It seems that this decision could have been reached without them and just using a little community input and common sense. I wonder if the consultants were used more as a shield to be able to deflect any possible critique or criticism of this whole process. Posted by: Salemander | March 01, 2016 at 02:41 PM I agree with the comment from Salamander. It would be good to have an expose of just how much the City has spent on consultants. Just in the last three years they hired ZGF Architects, Portland (who did the Capitol Wings and the Oregon Convention Center for maybe $130,000? CB-Two Architects for associated studies. Then the $30,000? Poll that told them an $80M bond measure would FAIL, then the Chicago firm DLR Group who just doubled the size, from 75,000 to 150,000 sq.ft. Now it's $82M and they had to drop the life saving seismic retrofit of the civic center, in order to build the "super-sized" police palace. Another Poll will be done (after the fact) which will surely tell them AGAIN that the voters of Salem insist on first saving lives and second building an affordable police facility. Those fees are being kept secret, but may be close to $300,000 because the Bednarz site was added to the contract. Perhaps an investigation will find that the City has spent $500,000 and these costs do not show up in the City Budget, and the Budget Committee may be unaware. Posted by: Geoffrey James | March 03, 2016 at 09:03 AM Salemander, we know that the new contract with the DLR Group consultants cost at least $142,000. It may be $20,000 more, as this was the cost of adding a site assessment for the block south of the Library -- which ended up getting zero support from Salem citizens. It's unclear whether the DLR Group "ate" this additional cost, of if the $142,000 contract was increased to $162,000. See: http://hinessight.blogs.com/hinessight/2016/01/redo-of-salem-police-facility-planning-costing-taxpayers-142000.html Geoff's comment notes that the DLR Group is just the latest in a string of consultants paid from some sort of slush fund at the City of Salem. No one knows what the total bill for police facility planning has been so far. Likely $300,000 is a conservative estimate; it could be quite a bit more -- especially if City staff time is included. Strange Up Salem Welcome to HinesSight Salem Political Snark My local political rants are now made on this badass blog. Check it out. Dirty politics, outrageous actions, sleaze, backroom deals — we’re on it. Visit my other weblog, Church of the Churchless, where the gospel of spiritual independence is preached. Welcome to HinesSight. If this is your first visit, click on "About this site--start here" in the Categories section below. The Unwinding of the Miracle -- a marvelous book about cancer and courage Why my wife and I are hooked on The Morning Show Why not buying an Arcimoto FUV still seems like a good decision The Dreaded Christmas Letter is a darkly humorous must-read "Salem is a really friendly town." So says a couple considering moving here. Santa Claus must be impeached Misfits belong in Salem's theatre community (and elsewhere) Why eating at In-N-Out Burger is morally wrong Here I am, doing the Compact Tai Chi form in a video Questions I don't like to get in the checkout line BigIgloo on Why eating at In-N-Out Burger is morally wrong Francine on Putting our dog to sleep was a tough decision Linda Rollins on Buyer beware with Penguin Windows Ernest on Why not buying an Arcimoto FUV still seems like a good decision Stacy on Putting our dog to sleep was a tough decision Greg Loughry on Toyota's special order process for cars is irritating tucson on Not all vaping is dangerous. Vaping cannabis flower is safe. Rafa on I love Les Schwab GreatPeople on Oregon Ducks football team throws my psyche in a tailspin...again Alex pritts on Our retirement community conundrum continues Black Butte Ranch My peeing problem Oregon history Salem, Open Your Eyes StreetStrider Tango/Dance Writing/Weblogs
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Sabine violates restraining order again…in German Hands up, everyone who knew that in addition to her multitude of English blogs (50+ at last count), Sabine also runs a blog in German. No, we weren’t aware either. At least, not until one of our sharp-eyed readers pointed it out to us. It’ll come as no surprise, then, to discover that Sabine has posted a blog there titled “Was mir passierte, nachdem ich in London organisierten Kindermissbrauch aufdeckte“. Translation: “What happened to me after I reported organised child abuse in London”. The blog post is date-stamped 31 July 2016, so there’s no way for her to argue that she wasn’t aware of the restraining order. The post starts with a reference to Sabine’s pre-trial trip to Brussels: This very interesting conversation was held in March 2016 in Brussels, while the London police were still insisting that I stay in my apartment. Luckily, thanks to the EuroStar, Brussels is a day-trip from London. The travel ban was one of the conditions imposed on me after I was arrested on 4 August 2015 at the Royal Courts of Justice. A dear former neighbour from Buschower had accompanied me to be a witness to whether my return, after six months’ exile in Spandau, was to take me to jail. The arrest can be viewed here: What was my ‘crime’? On behalf of a mother, I had threatened a judge: either give her her children back, or we would turn to the online world. In November 2014 the Russian mother had contacted me on the basis of my website, because she was looking for help to get her two children returned to her care. The police had removed them, claiming that she and her partner would be a danger to her children, then 8 and 9 years old. During their summer vacation the children had broken a pact with their English father, who had threatened to kill them if they told the mother what he was doing to them and other children, as head of a cult. The details the children described about their abuse could not be invented, unless they had actually experienced them. The children also included drawings of the genitalia of their abusers: However, High Court Judge Pauffley decided in her judgement that it was all fantasies, although medical reports confirmed anal scarring. But the judge said the injuries pointed not to the father, but to the current boyfriend of the mother. The drawings were also suppressed by the police; the judge, therefore, never saw them. The mother and I fled at the same time in February 2015 because of two documents issued by the secret family court, which threatened us with jail. The mother was also visited by a minibus of nine police officers who wanted to pick her up. She escaped through the back door, while a lawyer, through a closed door, insisted on a court order. This conversation was inter alia recorded, and became one of many videos that the children’s supporters produced. While I was living in my nephew’s apartment in Spandau, Interpol had been alerted and the London police had searched my apartment. An arrest warrant was made, and enacted on 4 August 2015. This was the first of four arrests, three crimes against me, a six-day-long court process in which I emerged the winner, and other court hearings involving money, not prison. I’m going to tell more about this to my clients. I have reason to lead the Buschower Birthday culture in Märkische Heide further and visit the Friesenhof with English friends. The Havelland happens to have become my soul home! Funnily enough, Sabine seems to have neglected a few facts here, including that pesky restraining order that should have prevented her from writing this post in the first place. We’re sure the courts will be very interested in this, so we’ve forwarded it along to the police on Sabine’s behalf. 09/08/2016 in Sabine McNeill. Tags: arrest, blog, criminal charges, evidence, restraining order, Sabine McNeill ← More threats from Rupert…yes, again. If Rupert were a ‘real’ journalist… → 128 thoughts on “Sabine violates restraining order again…in German” “The blog post is date-stamped 31 July 2015” – 2016 surely? TN says: Bet she’s really cross that this one’s been spotted – especially as she has gone out of her way to make her breach really clear! LOL…. I bet she’s actually stupid enough to imagine nobody she’s crossed reads German. Whoa, time warp! Thanks—fixed now. I bet you’re both right! 🙂 Oh FFS. Sie ist eine hinterhältige kleine Scheisser Sabine is really flicking the “V” at the courts.She may as well go the full hog andstart doing guided tours of Hampstead SRA sites on skis for Japanese tourists. Die Frau ist ein dummkopf! I think it is more than one person. Hands Off Hampstead says: Listen in awe as Angie attempts to rationalise her Rupert’s calls for the residents of Hampstead to be put to death. How many lies do you think she’ll manage to squeeze into one short answer? How so? Do you mean more than one person posts on that blog? I think that’s right, but it does belong to Sabine. Here’s the ‘About Me’ page: https://buschow.online/redaktion/ The 2015 error occurs at beginning of vid here as well. Must be something in the stars 🙂 Cheers HOH Noooo, lol, more than one person that reads German. Sabine, as an ex CERN computer programmer I am sure has her own blogs nailed down tight. She’s not unintelligent is she, as I am sure she has explained many a time. Reason for her arrest maybe? Nicely done! Angie really sinks her own battleship here. Ah, this makes sense—sorry I misread. Yes, I think many people read German, at least well enough to see what she’s up to. As far as I’m aware, the police weren’t aware of this breach until yesterday; however, I could be mistaken. Always did have her down as a tad schizo. Thanks, Mik. All fixed now 🙂 Hats off to HOH customer service team 🙂 I’m alerting the FBI. This man is extremely dangerous and advocating vigilantism and the Yanks know full well this can end in tragedy when those who Rupert Wilson Quaintance attempts to stir into action may become frustrated at who they perceive are not acting correctly – such as police or teachers etc – should be punished as well. This is so very serious and appears to be an extraordinary Contempt of Court. This woman continues to snub her nose at the courts and mock them. Not only does she continue to breach 2 very serious court orders and an injunction – the first is not just a civil matter as it involves the family court – but she allowed her barrister to tell a blatant lie to the Criminal Court that his client accepted there was no “satanism” and baby killing & cannibalism in the Hampstead case. I’m still waiting on a response to my complaint to the Law Society as to whether a barrister deliberately misled the UK Criminal Court in this case (unwittingly & on behalf of his client) but I’m making a further complaint about McNeill’s solicitor who appears to have deliberately frustrated police by assisting Draper and Christie to escape justice. I doubt I may get a response as these may become matters that entail further court actions but the first thing the Law Society does is contact the complained about party to ask for a response. Rupert Wilson Quaintance 1V doth protest too much. He doth, dothn’t he? Pingback: Sabine violates restraining order again…in German | ShevaBurton. Cross of Change Blog Yes, I agree—this is another serious breach on Sabine’s part. I’ll be interested to see the outcome of your complaints, Sam. What’s this about Rupert Wilson Quaintance 1V isn’t his name? He might go by the name Wilson, but surely it’s the one in his passport that counts? About these creeps saying they have IP addresses, i have conversed with them on facebook and youtube, can they get my IP from those? if he comes anywhere near my house i shall treat it as what he has boasted it is, a threat of violence. If he is arrested and not deported but jailed, his F a kid in the A statement wont go down too well, he may have to go on the protection wing, especially if someone informs some of the inmates. No, they can’t get IP addresses from Facebook or YouTube. If you’ve emailed someone or commented on a blog without using a proxy or VPN, then yes, it’s possible to find an IP. It’s possible to use email that keeps your IP private—Hushmail is an example. I expect that if Rupert were arrested here, he would be deported. No country wants to take on the time and expense involved in prosecuting and then jailing a non-national, if they can just as easily ship the person off home and let them deal with him there. Yes, I haven’t seen any evidence that he’s using a fake name. His mother seems to think he’s real enough! 🙂 They’ll probably ask him to leave like Christine Ann Sands was, though she did have a return ticket to fly back to the USA. Along with a nice juicy fine too, that he’ll no doubt get his gullible supporters to pay, just like all these con men such as Malcolm Blackman aka Joe Public on fb do. Rupert not having a return ticket might be problematic for him though so maybe he’ll be remanded in Custody. He’ll get a taste of UK prisons then as he’s wanted to do in the past. What a complete and utter fool he is. Btw what on earth is a YOUNG BLOOD COUNTRY BOY as Angela calls him. I don’t like the sound of the blood, is that some kind of Freudian slip on her part? She’s making him sound backward at the very least. Perhaps his performance in the bedroom department is not up to scratch… I’t a no-brainer, isn’t it. He’s a US citizen openly committing attempted mass-murder. And his public calls to murder innocent people in both the UK and the US are essentially acts of terrorism. The FBI should be very interested. Mate, the clueless twats have been threatening to trace us through our IP addresses for 18 months. They’re full of shit. Here are some from February 2015: And to be fair, his dad is Rupert Quaintance III, so it tallies. https://www.facebook.com/rupert.w.quaintance?fref=ts The ‘genius’ that is Rupert ‘I want to fuck a little kid in the ass’ Quaintance the iV…. “Pip, pip, pip,pi, pip just like a young” tier II sex offender under federal law. – Which Mike Tyson is; a man on the Sex Offender’s register. Rupert isn’t FIGHTING paedophiles – He’s a complete fucking hypocrite! The man IS a paedophile! – that’s why, at THIRTY FUCKING SEVEN YEARS OF AGE he dresses and acts like a child. That’s why he’s blowing all this smoke! – Much of it dirty stinking drugs; it’s more ‘candy for the kiddies’ he wants to attract. – Wanting to anally rape a child is not a subject for humour! It’s no laughing matter. Only a pervert could come out with such a thing….. It’s the lowest form of perversion; and Rupert has clearly stated his wish to indulge in it! And what of Hampstead….. Two little children, clearly exhibiting signs of having being beaten, parroting filthy fantasises thumped into them by what kind of man exactly? – ANOTHER dirty drug-addict with a long criminal past including violence, drug dealing and a rape allegation. Disney…… No wonder her family has disowned her! She’s yet ANOTHER piece of drug-addicted scum! The evidence of her indulging in illegal substances is all over YouTube and admitted by herself….. She’s a child-beater, a fantasist and from what I can tell, a bloody fraudster……. Seriously….. These people are lowlife scum-of-the-fucking earth. Now they’re openly threatening to disrupt the lives of innocent ordinary respectable people? and they imagine this is somehow ‘OK’ or even justified? This small-town, small-mind, small-brain, ill-bred, freak-of-nature American PERVERT thinks he has something to educate ordinary British people in? The more I learn of these hoaxes the more obvious it becomes that they’re mainly the product of perverts crying wolf to try and draw the heat away from their own perverted ways. I’m not worried in the slightest about Rupert’s threats of tracing IP addresses. What good is someone’s address? Rupert will do sweet fanny adams. I don’t live anywhere near Hampstead and if Rupert or any of the mob want to turn up at my door, let them. Morons. I had an escaped Machete man breaking my side wall, glass topped shed and frightening my Ginger cat a couple of weeks ago and I saw him off. Police helicopter flying over head, 4 police cars, 1 van (that I could see down the side of the road), more around the corner. I don’t think Rupert and his ilk will bother with me and if he bothers with any of the people living in Hampstead, assuming he does visit Hampstead and he hasn’t being apprehended beforehand then the Police will have to be called I suppose. I can’t really see Rupert showing up at anyone’s door, doorstepping. If he does, he’s got some cheek he intruding into people’s lives when he’s clearly not welcome. Is he going to bring his girlfriend Angie as his accomplice? Rupert’s threats of violence are particularly distasteful. What a vile creep he is at the very least and possibly worse. Rupert and his “team” are a joke! As are the “legal team” and the “forensics” team. I don’t believe a word of it. More damning no nonsence from the MK Devils camp No – He’s using his real name. Someone up here had someone over there do various searches on him that included having people local to him verify his ‘story’. He’s a well known creep in his hometown and there are hints of his ‘mom and pop’ bailing him out of big trouble on more than one occasion. From what we can tell they’re a generally disliked, generally dishonest family; but they have money and a position within the community which means they’re able to hold people to ransom and maintain a ‘respectable’ (as in respect me or else) facade…. ‘Neds with money’. – Pretty scummy people from what we can glean (IMHO). I don’t think this Hoax Mob have even met a person who was abused as a child or an abused child. Abuse victims do not relate tales like these two kids did who are clearly and almost excitedly repeating a script in the expectation that either a reward will follow or perhaps certain actions will stop (waterboarding? clips over the ear from a thug?). It makes the real abuse from Christie with the passive acceptance of the mother even more sinister in the manner they have abused these children’s joyful innocence. If I were a member of this hoax mob I would not look forward to the time these kids grow into teenagers & young adults. As for the mother Draper, all I can think of is how my mother defended all her 4 children with a (Russian heritage) ferocity that belies Draper’s background given how family is so important to East Europeans as often, it’s all they have in life. I cannot think of a mother who would ever abandon her children under any circumstances. I’ve spoken to Police Officers who actually ARE involved in tracking down online criminals. They tell me it’s a complex process somewhat comparable to old-fashioned line-tracing in the days of mechanical switching. – It’s possible, if they have good reason, for the police to have a particular line ‘monitored’ but even that doesn’t produce straightforward answers. I also have a Brother who works for BT Outreach and have gleaned much of the following from him……….. IP addresses are useful only to people like law enforcement….. At best you’ll get the name of the ISP and a location within about 20 miles of where the user is logged on from. Even an engineer for the firm concerned has to go through another process which identifies THEM to even get as far as the street cabinet….. And from there they need to access other information to tie a particular line to a particular subscriber! A user complaining or suspecting that their line is being traced this way WILL result in the proverbial ton of bricks being dropped on said staff member their team manger etc. etc. etc! 20 years ago when people were on dial-up, or even 12-15 years ago before broadband became virtually standard, there is a slim chance an engineer with access to an exchange could have pulled this off unnoticed, but not now. There are data protection teams that monitor and steward this sort of thing. Besides which, most ordinary users have dynamic IPs; these change every time their modem is reset and/or randomly by the exchange. To trace an actual user, you’d need to be able to access the ISP’s logs and tie-in a particular IP at a particular time to a particular subscriber; which means the Data Protection Act and at least two different databases kick in. The ISP need a good reason to give that information out. – Something similar is true for those that, for whatever reason, have a fixed IP. – i.e. maybe they run a server from that address and line. Having done that, you may just get to the building….. If its a shared facility such as a cybercafe or a business centre; are there even any logs as to who was logged in where and when? There must be dozens of users and sub-users in the building I’m logged in from. And I believe the building gets its telephone service via the estate landlord! And – I can work just as well from the same ‘virtual machine’ from across the street or 40 miles away back in Glasgow! – I simply type a particular IP into my browser and log on via remote desktop! Has Eyelash sacked Angie? Go you! Fanny, your forename is very apt, as you clearly have hidden depths. These bastards may take our lives, they may take our freedom, but they’ll never take our ginger pussycats! The result of chaotic empty lives who blame exterior world for interior world disharmony.Their problems and solutions lie far closer to home than they are willing or dare to look. The haze of self medication adds fuel to this unproductive mal direction as does the mutual feeding and false confirmation of others in the failed bipeds community. Commonly most decay and self destruct prematurely and proceed towards end of life isolation and basically talking to themselves. The dangerous aspect for innocents going about their daily lives trying to get safely from A to B is that on occasions the circumstances combine such that an individual acts in the real world to harm or destroy false enemies. Rupert in particular reveals signs of being a genuine candidate for such violent resolution and those tasked with responsibilty for such matters need to act unequivocally to ensure opportunity is denied. Oh and make sure her majesties peas are wrongly aligned with carrots just for the sheer hell of it. MUHAHAHAHA Do we have to bring families into this? I’m an ex Virginia resident and made enquiries too and got a different picture than this one. Besides aren’t we acting like Hoaxtenders when we start involving peoples families? I was disgusted when RD’s mother and grandmother were featured and personally think Rupert’s long suffering parents should be left out of this. His mother may (in our view) be misguided when she supports him, but she obviously doesn’t understand the issues and if she were able to sit down and talk to Hampstead mums she might change her mind quickly when she hears what they’ve been through. Personally I think Rupert is on track with his unconscious agenda to trash the family name – or maybe he’s too dope adled to know what he’s doing. What I’m getting at though is the fact that it’s hard to get a full picture on the net and from reports of someone who knows someone. crazy mf says: How sure are You that this Man is his Dad? Rupert thinks that Ella went to the police and seems to have no idea that Abe’s brother in law was the one who reported it. Ella then had no choice but to go to the police. They called her in and she had to go. Fact checking Rupert! The first thing you do is read everything and not just the accounts that confirm your biases. I’m intrigued, Fnord! Where have you heard that? To be honest, i don’t think Eilish has that kind of clout. It would be up to Mel and Biggy to do the hiring and firing. It wouldn’t surprise me if Eilish has fallen out with her, though. That’s been on the cards since Angie started spouting all that heartless bollocks about Max Spiers and his family literally within hours of his death being announced. Meanwhile, there is another intriguing tidbit about Angie’s “employment” at CCN which EC and others are looking into, so watch this space! Well, not this space exactly (that would be silly) but a space somewhere up ^thataway^ 😀 Jimmy Jones says: Sabine ist so dick wie Scheiße MKD have made a good point about the crime number. I’ve asked Angie for this on several occasions, to prove she isn’t bullshitting. But answer comes there none. Mainly because she IS bullshitting. You can report material such as: articles, images, speeches or videos that promote terrorism or encourage violence content encouraging people to commit acts of terrorism websites made by terrorist or extremist organisations videos of terrorist attacks https://www.gov.uk/report-terrorism Crimes committed against someone because of their disability, gender-identity, race, religion or belief, or sexual orientation are hate crimes and should be reported to the police. Hate crimes can include: threatening behaviour damage to property inciting others to commit hate crimes http://report-it.org.uk/your_police_force That’s such a lovely thumbnail. It’s good to know that Catweazle and Oddjob are still finding work. Yes take your point. Abe’s brother in law is a ‘special constable’ meaning a volunteer. I’ve speculated that they might have gone to him hoping he’d give evidence in family court and they didn’t expect him to go to Scotland Yard. I think he told the Police he thought the children should be taken into ‘care’ for their own safety and seeing as they were with Abe and Ella at the time that speaks volumes. Someone correct me if I got this wrong. Well said Joe Kerr, spot on I remember someone posted on this blog Ruperts old Youtube channel and he was totally different from how he presents himself now. He was quite the posh boy sitting down trying to look intellectual while listening to someone playing violin to him. He was still as pathetic as he is now Rupert @ 8:18 – “That’s all I gotta say about that.” No it isn’t, Rupert. You haven’t fucking shut up about it since! I hope Steffi has a sit down and thinks about what Gabriella told her about Angie. Angie certainly isn’t a friend of hers. Angie just used Steffi as entertainment for herself and Rupert, what a cruel twisted thing to do to somebody. Two more new ones from MKD: Yes Fnord we do…… VERY much so. Bear in mind we have genuine Journalists and actual Police Officers at hand here. Calls were made and information sought about this worthless little guttersnipe at an early stage…. The difference between the Hampstead residents (including Dearman) and the Quaintances, is that they are completely innocent people who did absolutely nothing to precipitate any of this…. Let’s also not forget that the people whose lives he is threatening to wreck and the children whose minds he is about to forever-sully with his perverted filth are families too….. And unlike him and his, they really-are complete innocents. This is a hoax perpetrated by a pervert and drug dealer. It’s already wrecked lives and harmed innocent children. And now this sub-human pervert manchild is issuing to do further harm? Lest we forget that one of Rupert’s Key defenders is his God-damned psycho-bitch of a Mother! That woman is every bit as bad as her son and has proven herself so – she’s actually threatened to turn firearms on people; and by any sane measure that could only be the rhetoric of a psychopath…. And PULEEZEEE don’t make the ‘different culture’ excuse. The apple, quite obviously, didn’t fall far from a very rotten tree here! Long suffering parents my arse; they’re the source of the problem!! The notion that this is some ‘little misunderstanding’ or ‘difference of opinion’ that can be settled with a discussion is insane! If Rupert’s Mother had a decent and/or honest bone in her body, she’d firstly admit to herself what an utter disgrace and failure of parenting her offspring is. THIRTY SEVEN YEARS OF AGE – acting like a slow-witted (I’m reluctant to use the word ‘retarded’ but maybe it’s better-understandable in American parlance) teenager….. Irrefutably a drug-abuser….. Threatening to desecrate churches, invade schools, disrupt the lives of innocent law-abiding people… She’s defending him; and encouraging him to live the life of a scrounging drug-addicted con artist. That’s not “misguided” – she’s quite obviously as stupid and evil as he is! Likewise – Rupert ‘fannybaws’ Quaintance IV is his Father’s Son; if the Quaintances are such ‘nice’ people then THEY need to reign their ill-bred stray dog in. He’s THEIR responsibility and the product of THEIR up upbringing. They’ve produced a manchild? Rupert hasn’t grown up? Aww shame! Then they’ve failed to date and need to exercise the discipline they should have done when he was an actual child; that or they disown him…. Instead the Quaintance family are actively supporting this filthy beast, which makes them very-much part of the problem…. BIG contrast there between them and the Dearmans. The picture we have here – and at some point somebody might just choose to run with the evidence – is of a dysfunctional family that thinks it can use its money to buy and/or bully their way out of trouble. Their ‘good reputation’? Bought and paid for, not earned. And as fragile as a two-bob china dog! – That’s WHY their middle-aged failure of a drug addicted son is the way he is. No. Sorry. the Quaintances aren’t the ‘nice respectable people’ they might like to be portrayed as; they’ve had this moron running loose for nigh-on forty years; he’s a middle-aged man. And they’re actively defending the indefensible….. Part of the problem. We are being spoilt by Hands Off Hampstead and McKenzies Devils. We’ve seen that too AF. That was when he was trying to ‘bludge’ his way through life off the family connections. He got as far as getting a clerk’s job at a Hotel where he remained ’till quite recently. But basically he’s been a waster and non-achiever all his life. What happened Rupert? His family were traced and public records accessed….. If you have some evidence that this isn’t the ‘real’ Rupert Quaintance IV then please present it. Otherwise, I’m afraid he ties in with birth and employment records and is ‘known’ in the area he claims to come from. They’re all hooked up on Farcebook. Abrascam Crusty says: Fnord, no one’s involved families. Rupert’s mum and dad were only mentioned above in response to the question about whether Rupert was using his real name and nothing derogatory was said. Meanwhile, Rupert’s mother has involved herself by trolling various Hoaxtead Research associates on Farcebook, making several anti-British comments, applauding and encouraging her son’s disgraceful antics and threatening to shoot Gabriella Barney, so forgive me if I’m not oozing with sympathy for her. I’m confused – in his radio show on Saturday, Rupert claimed never to have had a paid job in his life. Nice find, AP. So Rupert was already on the fiddle long before he met Angie, then. No HOH…. Someone else has the detail, but he worked for some years in a kind of ‘low rate’ hotel as a bookings clerk. – I think there was also some trace of him working in a music shop; drum store to be precise….. Possibly in Florida IIRC? But much of his life has been spent as a bum basically; and that’s been indulged by his parents. Lmao, this is the guy who brags about how tough he is. He ain’t fooling anybody with his trash talk. What’s this video? Threats of violins as opposed to threats of violence. Here’s the little bum proving he can’t play drums…. Rupert-the-stick fell(ate)s a tree. I always thought he was bit of a beaver Hahaha, nice one, AF! “Violins, not violence” could become a great peace-rallying slogan along the lines of “Make love, not war”… I wonder if Angie’s let him pluck her G-string yet. Poor old Rupert – stumped again. The, brainless drug-addled twat is still trying to talk tough to cover up the fact that he’s just a spoilt GILF-shagging pussy: HOH I think he said he hadn’t had a salaried job in his life. He probably got paid weekly. Jesus Christ what a cretin the is Quaintance is. Did his “research”?. The mother went to the police. Not true. And “Jimmy Seville in Hempstead”? Anyone know who this Jimmy Seville is? What a fuckwit. Keep the pressure up on this goon as he is clearly rattled. Get used to those handcuffs, Neelu! With all these restraining order breaches, you should be wearing them again soon. And isn’t it good to see that Angie has her finger on the pulse of current affairs, as always: Good to know that pretend journalism degree hasn’t gone to waste 😀 So Rupert Bear is in reality a nerd (apologies to all reasonable nerds) and Macho Kung Fu Panda Rupert is a recent invention. Explains a lot. Quaintance’s desperate repressions of his inner fears have now surfaced. Who is more desperate- Rupert or Angie ?..pass the sick bag Alice..please don’t answer that. And did Macho Rupert find her G-Spot?. Oh stop it, now you are just being wicked. Thanks for the info’, JK. And oh my God, that drumming is appalling! 😮 It must be something in the water in that neck of the woods (chem trails?). Poor Steffi thinks the Muslim is coming to take her pig. When “The Muslims” invade the Ozarks you can be sure the safest beings will be pigs. But I saw Deliverance and I think the pig’s real enemies may be the locals. Poor Neelu can’t help herself. She’s quick old Angie isn’t she? Probably took her this long to get her head straight after getting stoned with Rupert. Looking at Rupert’s old videos, I prefer the ‘Love Police’ Rupert. Though i’m not sure standing around with a cardboard sign saying “Everything is OK”, in response to a young woman being brutally murdered, is the appropriate response. Not sure he came across as a young Mike Tyson either. Interesting. If she and Sabine were such fast friends, you’d think Angie would have known almost immediately. Bears out the info I’ve received lately about a major split amongst the driving forces behind the hoax. Hmmm, that comment is just ‘Greek’ to me! I can’t see whether him being Gay or Straight makes any difference….. He’s certainly not ‘normal’ in that he parades about dressed and acting like a slow-witted teenage boy. And I for one am of the opinion that’s part of a ‘Pied Piper’ act. I’m aware of another American Paedophile who behaved similarly (still does I think). – I can’t see who his demeanour would be attractive to except a child. He definitely seems inadequate in that he would be repellent to any normally-adjusted adult. – But his sexual orientation is nothing to do with anything. For the record: The above is a response to a homophobic comment that has now disappeared. Yes, I removed the original comment as I didn’t feel it’s appropriate. It certainly wasn’t. I sense an agenda to either lead us up a garden path or get a ‘rise’ out of people that Rupert would then manipulate….. Ain’t gonna happen Rupey. Joe your sense of agenda are figment of poor imagination. calling me homophobic is stupid and irresponsible because i was questioning the gender of Rupert and NOT attacking homosexuals. .And there are questions that rises about various comments appearing in this blog Madness continues on Neelu’s FB page with court transcripts: “Judge Worsley: Who is Lotus princess? Ruth Munro: My client ” lol and on this website : http://comedycourt.webs.com/millenium-trial I do not believe the material was obtained legally but rather by someone recording in the court. I believe Neelu Berry should be asked how she obtained this transcript as she has been agitating for $10K plus for the court transcript. It’s just not logical that she could have raised the money in this time. More contempt of court? My sources advize efforts were made to channel young Ruperts erratic behaviour during his formative years but his parents couldnt cope with his masturbation at dinner parties and eventually decided to release him into the wild.Here is some rare footage from the Quaintance family archive before it all went wrong. Reminds me of Jason Manford’s ‘Walk on the Wild Side’ series, which I absolutely love. You say that comment was “Greek to me”, JK. Where’s Yannis when we need him? Yannis Emmanouilidis says: Εδώ είμαι. τι θέλετε πείτε μου. This has been covered before, Sam – it’s not a transcript but a write-up of Neelu’s handwritten notes taken at the time. Here I am . Who called me? lol OMG, one of Steffi’s monkeys has escaped! Call the rozzers! Hahaha, that was way too quick, Yan. People will think you’re me now, lol. Mind you, the hoaxers have often alleged that I’m you anyway 😀 ZZZZZzzzzzzz Lets admit It you is me and me is you (hands off hamstead Also according to few Ricky Dearman is my best Mate comes to my house, we make few movies, together then we go to US on Holiday. So if Ricky reads this Mate you owe me a holiday. Neelu has said that this material is the result of her dictating her notes into a voice-to-text online programme. I believe she was taking copious notes during the trial, but reading her version here it’s very clear that she was watching the proceedings from the Planet Zog. Possibly another universe, even. It would be funny if it weren’t sad. It’s not the first time Rupert has caused problems “on air”. I found this on http://nformd.yolasite.com “Now we will address Rupert Wilson Quaintance IV, Rupert was a host on Nformd for several months, there was a slow downward spiral with Rupert where he began drinking heavily while on air. On Sept. 6th 2010, Rupert had Charlie Veitch on for an interview, Toward the end of the interview Ziggy was able to jump on air and began attacking Charlie about how she had gotten him a lawyer back when he was arrested in Canada and that she was very upset that he disrespected her by finding another lawyer. That evening, Rupert had came on air, very drunk and began attacking several of the NFormd hosts, including myself. That evening we decided it would be best if Rupert take a break from NFormd. Within days he was being aired on “ITS”. More recently we found out that Rupert’s father is actually employed by DISA, a branch of the Department of Defense.” Oh dear, Rupert… 😀 Looks like it’s not the first time Rupert has caused problems “on air”, I found this online: Now we will address Rupert Wilson Quaintance IV, Rupert was a host on Nformd for several months, there was a slow downward spiral with Rupert where he began drinking heavily while on air. On Sept. 6th 2010, Rupert had Charlie Veitch on for an interview, Toward the end of the interview Ziggy was able to jump on air and began attacking Charlie about how she had gotten him a lawyer back when he was arrested in Canada and that she was very upset that he disrespected her by finding another lawyer. That evening, Rupert had came on air, very drunk and began attacking several of the NFormd hosts, including myself. That evening we decided it would be best if Rupert take a break from NFormd. Within days he was being aired on “ITS”.More recently we found out that Rupert’s father is actually employed by DISA, a branch of the Department of Defense.” I found the above here: http://nformd.yolasite.com/nformd-blog/absolute-fabrication Whatever quality genetic stock the Quaintance family may proudly consider they have inherited through the ages their latest progeny provides ample evidence that idiotism figures significantly in the mix. MKDevils latest fare. As for Sabine, did she really think she could get away with breaching the RO by typing in her native language? haha.. well done to the sharp-eyed reader who found it! Yes, we love our readers! 🙂 The hoax is dead. Its official. I meant ‘sacked’ as in no longer friends. It says in the post above that there are people who no longer want anything to do with Angie and that includes Eyelash….t’was news to me. Rupert playing at being a Rothschild… Unfortunately none of us know exactly what Sabine was arrested for last week – It might be a separate unrelated matter. I do hope that the Police and CPS act quickly with regards the post Sabine made on her German blog (as identified by EC at the start of this post) If you look at the post of Sabine you will see a link to a YouTube video, that ends with a page of links to old posts about the hoax. The order states: Sabine’s post is clearly in breach of the restraining order against her last month. As such she faces a possible prison sentence The page of links in Sabine’s German post Just in case Sabine now decides to delete the page, its now archived on Wayback Machine. The videos are also saved and archived….. Hopefully the Police have done the same Why do we bother, LOL? Ooh, we’ll have to arrange a reception committee made up of some of those nice boys and girls in blue. The trolling bitch will probably have her creepy toy boy in tow – two birds, one stone. I’ve just noticed that Angela has removed her illegal post showing the children’s names and faces and the usual libel. We’ve got these biatches rattled, folks! 😀 Thanks, Jake, Nice find! And you’ll be pleased to know I’ve posted a screenshot of your comment to both Rupert and Angela. I also found this: Indeed, Yannis! I am he as you are he as you are me and we are all together 😀 What happened to Rupert? He went bald. Massive narcissistic injury. There are some nice little moments dotted throughout this show (including fumbling, rambling, pregnant pauses, “technical hitches” and embarrassingly loud burps – so professional, Roops!). Rupert is clearly drunk. Or just blindingly incompetent. Oh and he admits to having taken MDMA. And there’s a nice little confrontation between Veitch and “Ziggy” at 39 minutes. Excellent find of the inebriated loopy Roopy.
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Tag Archives: nick tapalansky Th3rd World Studios Serializes the New All-Ages series Thanatos Diver for FREE online Posted on May 12, 2015 by Brett Th3rd World Studios is following their hit, NY Times Bestselling series The Stuff of Legend and critically acclaimed fantasy graphic novel Finding Gossamyr with a new fun filled adventure title, Thanatos Diver, sure to please fans of any age. The series, which was released internationally on this year’s Free Comic Book Day, follows a young girl named Samantha on an underwater treasure hunting adventure that leads her to a strange and exciting uncharted world. With only a week under its belt, this exciting new story is already drawing high praise from retailers and news outlets alike. The series is created by Archaia alumni and best pals Nick Tapalansky and Alex Eckman-Lawn. Their mutual love of old school video games and a healthy dose of classic anime and manga was a huge inspiration for the series. Thanatos Diver will be serialized for FREE every Tuesday and Thursday at www.thanatosdiver.com. For fans who can’t wait to read ahead, completed chapters can also be purchased digitally (DRM FREE) before wrapping up on the website via ComiXology or the Th3rd World Studios website. Completed chapters will eventually be collected and released in incredibly handsome and irresistible print books you can use to impress your friends. The series, which debuted to fantastic reviews on Free Comic Book Day, already has the first 13 page preloaded, with updates to begin today! So suit up start your dive into adventure! Th3rd World Studios Dives into Adventure with the new All-Ages series Thanatos Diver Posted on September 14, 2014 by Brett Th3rd World Studios has announced a new all-ages JRPG inspired title called, Thanatos Diver. The series, which will hit comic shop stands across the globe this November, follows a young girl named Samantha on an underwater treasure hunting adventure that leads her to a strange and exciting uncharted world, is already drawing high praise from retailers and comic professionals alike. The series is created by Archaia alumni Nick Tapalansky and Alex Eckman-Lawn. The two’s mutual love of old-school video games and a healthy dose of classic anime was a huge inspiration for the series. That inspiration is easily apparent in the dreamy landscapes and whimsical characters that inhabit the world of Thanatos Diver. The series, which is set to be released this November, is currently in Diamond Previews for pre-order. Variant covers will be available for the series, featuring a wide range of artists from Jeremy Bastian to David Petersen to Carey Pietsch and Anissa Espinosa. You can pre-order the book now, and check out some preview pages below. Review: Mouse Guard: Legends of the Guard, V.2 #1 There’s something about mice with swords, fighting battles, living lives in complex, visibly-medieval societies in a world full of other rodents and creatures with similar societies that is charmingly appealing, if not downright awesome. Mouse Guard: Legends of the Guard, Volume 2 #1 is just such a comic, following in a long tradition of rodents in literature, comics, and film, from Stuart Little (1945) and its movie (1999), to Mrs. Frisby and the Rats of NIMH (1971), its movie version (1982), to the Redwall series (1986), Stan Sakai’s Usagi Yojimbo (1984), and to Image’s The Mice Templar comics (2007). Rodents seems to be culturally recognized around the world in mythology and folklore, partly because some of them learn quickly and can be trained, so they make great pets and cuddly companions (and the most vicious guardians, as Monty Python taught us). Wikipedia even has lists of fictional rodents in literature, comics, and animation! Mouse Guard is a comic series begun in 2006 by David Petersen, who both writes and illustrates the series for Archaia Studios, and is an Eisner Award-winning publication. The Legends of the Guard imprint is an anthology series based in the Mouse Guard world, which allows other authors and illustrators to tell their own stories with Petersen’s creation. This issue is the first in the second volume, and features stories by Stan Sakai (“Autumn Tale”), Alex Eckman-Lawn and Nick Tapalansky (“Leviathan”), and Ben Caldwell (“A Bone to Pick”). These three stories are embedded rather sweetly within a larger narrative drawn and written by Petersen himself. The premise: a bunch of mice have been lodging at a tavern, all of them racking up large debts to the owner, who offers that whoever tells the best story will have their debts cleared. This provides an easy entre into the Mouse Guard world, and though I’ve never read a single Mouse Guard issue before I felt right at home with the tales, each of which was tenderly written and could easily be understood by children but which are still mature enough in thematic content (or cute silliness, as with “A Bone to Pick”) to be appealing to adults. The art for each of the three stories differs from beautiful watercolor-esque panels by Stan Sakai (47 Ronin, Usagi Yojimbo) to the more sketched, ethereal look of Eckman-Lawn’s illustrations, and finally Caldwell’s very fun, yet still complex art in the final story (reminiscent of The Secret of NIMH animation, actually). The pacing between stories and in the Petersen interludes allows for each story to be satisfactorily told, with enough interest created to desire just a little (or a lot!) more from each story-teller. This is my first experience with Mouse Guard, but I have to say that I’m not only looking forward to delving into Petersen’s rodent world, but I’ll for sure put the next issue of this anthology, Legends of the Guard, Volume 2 on my pull-list. If you’re a fan of any of these artist, love rodent stories, or just want something fun to read and beautiful to look at, then this is the book for you. Story: David Petersen, Stan Sakai, Nick Tapalansky, Ben Caldwell Art: David Petersen, Stan Sakai, Alex Eckman-Lawn Story: 8 Art: 9 Overall: 8 Recommendation: Read Archaia provided Graphic Policy with a FREE copy for review Preview: Mouse Guard: Legends of the Guard Vol. 2 #1 (of 4) Posted on June 22, 2013 by Brett MOUSE GUARD: LEGENDS OF THE GUARD VOL. 2 #1 (of 4) Retail Price: $3.50 U.S. Format: staple bound, 8” x 8”, full color Ship Date: June 16 in comic shops Rating: E – EVERYONE (all ages, may contain minimal violence) Written by David Petersen, Stan Sakai, Ben Caldwell, and Nick Tapalansky Illustrated by David Petersen, Stan Sakai, Ben Caldwell, and Alex Eckman-Lawn Cover by David Petersen The 2011 Eisner Award winner for best anthology is back with a second volume! In a mouse tavern called the June Alley Inn, a new round of storytelling begins between the patrons. Their goal is to be declared the best story of the night in hopes of having their outstanding bar tabs cleared! Legends of the Guard continues the tradition of featuring hand-picked artists and storytellers by series creator David Petersen. This issue features Stan Sakai (Usagi Yokimbo), Ben Caldwell (The Dare Detectives!), and the Awakening team of Nick Tapalansky and Alex Eckman-Lawn! Archaia Announces Volume 2 of Mouse Guard: Legends of the Guard Posted on March 22, 2013 by Brett New legends will be forged! Archaia has announced a second volume of the Eisner Award-winning anthology miniseries Mouse Guard: Legends of the Guard. The first of four issues is set to debut in May 2013. Mouse Guard is the best-selling fantasy comic book series created by Michigan-based David Petersen about a group of elite warrior mice who serve to protect and guide the common mice under their care. As in the first volume, Mouse Guard: Legends of the Guard Vol. 2 finds a group of mice at the June Alley Inn trying to outdo one another in a storytelling competition, spinning typically fantastic tales of the Mouse Guard and their adventures. After all, the mouse that tells the best story gets their bar tab cleared! Petersen writes and illustrates the tavern scenes, while each contributor (or team of contributors) writes and illustrates the different mouse tales. Petersen has assembled another all-star lineup for this four-issue miniseries. The contributors to issue #1 of Mouse Guard: Legends of the Guard Vol. 2 include Stan Sakai (Usagi Yojimbo), Ben Caldwell (The Dare Detectives!), and the team of writer Nick Tapalansky and illustrator Alex Eckman-Lawn (Awakening). Subsequent issues will include contributions from Christian Slade (Korgi), Rick Geary (The Adventures of Blanche), Jemma Salume (Unicorn Life Cycle), Jackson Sze (concept art on films like The Avengers and Iron Man 3), Cory Godbey (Fraggle Rock, the upcoming Jim Henson’s Labyrinth), Eric Canete (Fear Itself: Spider-Man), C.P. Wilson III (The Stuff of Legend), Bill Willingham (Fables), and fantasy illustrator Justin Gerard. Archaia will release the hardcover collection in late Fall of 2013. Archaia Debuts First Softcover at Baltimore Comic Con Posted on August 20, 2011 by Brett ARCHAIA ENTERTAINMENT TO DEBUT ITS FIRST SOFTCOVER TITLE ‘AWAKENING OMNIBUS’ AT BALTIMORE COMIC CON BALTIMORE, MD (August 19, 2011) – Eisner Award-winning publisher Archaia Entertainment will debut its first softcover title, Awakening Omnibus, at Baltimore Comic Con, it was announced today by Archaia Editor-in-Chief, Stephen Christy. Known for its reputation for publishing beautifully designed, high-quality hardcover graphic novels, Archaia ensures the Awakening Omnibus will be produced under the same high standard of quality in an eye-catching, sturdy and durable softcover volume. Awakening Omnibus, by writer Nick Tapalansky and artist Alex Eckman-Lawn, tells the story of a small town besieged by a series of bizarre deaths. When the town crazy suggests a zombie outbreak, retired detective Derrick Peters sets out on an investigation that will prove whether this witness is truly insane, or whether reality itself has a taken a bizarre turn into the macabre. The Omnibus collects material previously published in two hardcover volumes. “The Awakening Omnibus softcover is the perfect way to introduce this title to new readers, especially since copies of the Volume 1 hardcover are no longer available at our distributors,” said Archaia Editor-in-Chief Stephen Christy. “Our intention is to open Archaia to a new market of readers who may have never read one of our books before, and with softcovers, we believe we can entice that group to give us a try.” The Awakening Omnibus (softcover, full color, 320 pages, $24.95, ISBN-13: 9781936393213) goes on sale Sept. 7 in comic book shops, but Tapalansky and Eckman-Lawn will debut copies of the book at Baltimore Comic Con on Aug. 20-21, held at the Baltimore Convention Center. Archaia plans to continue offering quality softcover titles in the months to come, including Fraggle Rock Classics Vol. 1, a digest-sized collection of Fraggle Rock comics from the 1980s. Subsequent softcover titles will be announced for release in 2012. About Archaia Entertainment Archaia is a multi-award-winning graphic novel publisher with more than 50 renowned publishing brands, including such domestic and international hits as Mouse Guard, Return of the Dapper Men, Gunnerkrigg Court, Awakening, The Killer, Days Missing, Tumor, Syndrome, Artesia, Engineer, and an entire line of The Jim Henson Company graphic novels. Archaia has built an unparalleled reputation for producing meaningful content that perpetually transforms minds, building one of the industry’s most visually stunning and eclectic slates of graphic novels. Archaia was named Graphic Novel Publisher of the Year according to Ain’t it Cool News, Graphic Policy, and Comic Related, and was honored with nine 2011 Eisner Awards nominations. Archaia has also successfully emerged as a prolific storyteller in all facets of the entertainment industry, extending their popular brands into film, television, gaming, and branded digital media. Preview – Archaia Announces ‘Moon Lake’ ARCHAIA AND DAN FOGLER GET THEIR FREAK ON WITH ‘MOON LAKE’ ORIGINAL GRAPHIC NOVEL IS A HORROR ANTHOLOGY FEATURING ALIENS AND FREAKS AND BEARS! OH, MY! Los Angeles, CA (August 23, 2010) – Fangs, freaks and fright fill Archaia Black Label’s newly announced horror anthology, MOON LAKE, an original graphic novel hardcover coming October 2010 in association with the diversely talented writer/director Dan Fogler and his company, UNKATUSH, Inc. MOON LAKE (oversized hardcover, full color, 112 pages, 7.25” x 11.25”, $19.95) is a collection of short horror stories based in and around the titular, haunted body of water, which was the basis of Fogler’s independent horror movie, HYSTERICAL PSYCHO. “The idea for the graphic novel came from wanting to expand the world of HYSTERICAL PSYCHO,” said Fogler. “The movie takes place up north at the eternally haunted region called Moon Lake. The tone of the film is like Alfred Hitchcock on acid meets EVIL DEAD, so I thought, why not do HITCHCOCK PRESENTS on acid, or TALES FROM THE CRYPT on crack, or TWILIGHT ZONE on THC…you get the picture. MOON LAKE is an anthology telling the hysterically horrific tales of Moon Lake from prehistoric times through today and into the possible future. Not all the stories are funny but they sure as hell are freaky…” “Anyone who loves 50-foot tall zombie dinosaurs, naked women from the dawn of prehistory, horny sasquatches, secret wars on the lunar surface and learning the truth about how humans were created by aliens who spliced their DNA with the DNA of Earth monkeys, I guarantee that MOON LAKE is the one book that you absolutely cannot miss this year,” said Archaia Editor-in-Chief Stephen Christy. “Dan Fogler is one of the most amazing creators I’ve ever had the honor to work with, and I feel so lucky that we’ve been able to bring his vision to life here at Archaia. I’m only sorry that Dan and I will have to wait to share the wonders of ‘Cannibal House’ and ‘Ben Franklinstein’ until MOON LAKE Vol. 2.” Fogler’s illustrated alter ego, the Man in the Moon—a demonic spoof of Alfred Hitchcock—will introduce each story in the chapter breaks, featuring the art of rising talent Brooke Allen. Fogler will also write a bonus prose story as part of the extras in the back of the graphic novel, with illustrations by Scott Newman (TUMOR). Joining Fogler will be a group of some of the most talented writers and artists in horror and science fiction comics. Following is a list of the stories appearing in MOON LAKE and their respective creators: “Camp Sasquatch” short story (W) Tim Seeley (HACK/SLASH) (A) Robbi Rodriguez (HAZED) A group of randy camp counselors has a close encounter of the Sasquatch kind. “Desensitized Deirdre” short story (W) R. H. Stavis (DEMONS OF MERCY) (A) Jeffrey Zornow (GRIMM FAIRY TALES, HALLOWEEN: THE FIRST DEATH OF LAURIE STRODE) A peppy cheerleader has the worst day of her life, transforming her into a manic mass murderer. “Black Bear Blues” short story (W) Stef Hutchinson (HALLOWEEN: NIGHT DANCE) (A) Jim Daly (BAD PLANET) A spoof of the documentary “Grizzly Man,” in which a man goes out into the wild to commune with grizzly bears—this time, with different results. “Cave Girl” short story (W) Brian Holguin (SPAWN) (A) Tommy Castillo (BATMAN, EVIL ERNIE, TOETAGS FEATURING GEORGE ROMERO) A prehistoric adventure following the exploits of Cave Girl and her pack of zombie dinosaurs. “His Final Escape” short story (W) Nick Tapalansky (AWAKENING) (A) Alex Eckman-Lawn (AWAKENING) A Houdini-like escape artist performs one last, fatal stunt in the depths of Moon Lake. “Moon Wars” short story (W) Blake Leibel (SYNDROME) (A) Josh Finney and Kat Rocha (TITANIUM RAIN) Evoking 1950s, sci-fi B movies, a group of soldiers in high-tech gear battle dozens of Godzilla-like creatures on the dark side of the moon. “Archaia has put together a great crew,” marveled Fogler. “Each story is a unique puzzle piece that fits together beautifully to create MOON LAKE Volume 1, and in my opinion, the variety of artistic styles throughout the book rivals that of classic issues of HEAVY METAL magazine. My good friend, R.H. Stavis, co-creator of ‘Desensitized Deirdre’—one of my favorite Moon Lake residents—said to go with Archaia because the books they put out are classy and they are extremely creator friendly. And she was absolutely right! I hope to do many more books with Archaia.” MOON LAKE will be published under Archaia’s new Black Label line of titles, which specializes in co-developing intellectual properties with prestigious partners who are seeking to flesh out and realize their original ideas through the use of Archaia’s resources. Limited advance copies of the MOON LAKE hardcover will be available at New York Comic Con (Oct. 8-10 at the Jacob K. Javits Center in New York, NY) and go on sale in October wherever books are sold. To pre-order a copy, use ISBN code 978-1-932386-96-7. About Archaia Archaia has built an unparalleled reputation for producing meaningful content that perpetually transforms minds. Archaia is: Artesia, Awakening, Beautiful Scars, Berona’s War, The Black Knight, Critical Millennium, Cyclops, The Dark Crystal, Dark Fall, Days Missing, The Devil’s Handshake, An Elegy for Amelia Johnson, The Engineer, Everlast, Feeding Ground, Fraggle Rock, God Machine, The Grave Doug Freshley, Gunnerkrigg Court, Hybrid Bastards!, Inanna’s Tears, Johnny Recon, The Killer, Killing Pickman, Labyrinth, The Lone and Level Sands, Lucid, Miranda Mercury, Moon Lake, Mouse Guard, Mr. Murder Is Dead, Okko, One in a Million, Primordia, Return of the Dapper Men, Robotika, Saga, The Secret History, Some New Kind of Slaughter, Starkweather: Immortal, Syndrome, A Tale of Sand, Titanium Rain, Trial By Fire, and Tumor. For more information on Archaia or any Archaia titles please visit www.Archaia.com. Archaia can also be found on Facebook (facebook.com/archaiacomics) and Twitter (twitter.com/archaiacomics). Moon Lake Original Graphic Novel Hardcover Retail Price: $19.95 U.S Format: hardcover with dust jacket, 6.625” x 10.25”, full color Ship Date: October 2010 Written by Dan Fogler, Brian Holguin, Stef Hutchinson, Blake Leibel, Tim Seeley, R.H. Stavis and Nick Tapalansky Illustrated by Tommy Castillo, Jim Daly, Alex Eckman-Lawn, Robbi Rodriguez and Jeffrey Zornow From the hilariously demented mind of Tony Award-winning actor Dan Fogler (“The 25th Annual Putnam County Spelling Bee,” “Balls of Fury,” “Fanboys”) comes Moon Lake! Moon Lake isn’t just any normal body of water—it’s a mysterious portal into the weird, drawing all manner of macabre mysteries to its shores. In the spirit of classic horror tales from EC Comics, Moon Lake combines comedy, horror and adventure into a fantastic anthology, where each story is centered on the strange happenings of Moon Lake. Mature Readers (contains Nudity, Graphic Violence and Adult Content) Editorial – This looks and sounds so good. A great line up of writers and artists. It’s one comic I’m looking forward to reading. Archaia: October 2010 Solicitations Posted on July 30, 2010 by Brett DAYS MISSING: KESTUS #2 (of 5) Format: saddle bound, 6.625” x 10.25”, full color Written by Phil Hester Illustrated by David Marquez Cover by Jorge Molina Archaia and Roddenberry Productions continue the history-making series DAYS MISSING! Since the dawn of mankind, the enigmatic Steward has guided our destiny in solitude. But during his attempt to prevent raging fires from consuming Egypt’s legendary Library of Alexandria, he discovers he’s not alone. A mysterious figure from the Steward’s past reveals herself, and alters The Steward’s existence in ways he never thought possible. T +13 (Contains material suitable for teen readers age 13 and above) FEEDING GROUND #2 (of 6) Written by Chris Mangun and Swifty Lang Illustrated by Michael Lapinski Cover by Michael Lapinski A local enforcer, Don Oso, terrorizes the Busqueda family as their father Diego makes a solitary trek home through the horrors of the Devil’s Highway. Meanwhile, US Border Patrol agents unearth a shocking discovery that threatens to reveal a secret buried in the desert for generations. Also included are 24 pages of bonus content in Spanish! LUCID #3 (of 4) Written by Michael McMillian Illustrated by Anna Wieszczyk Cover by Anna Wieszczyk LUCID barrels toward an explosive climax as Agent Dee is pulled deeper into a dark conspiracy fraught with bold, unbridled evil! After a dangerous Magical Artifact created by Matthew’s infamous ancestor disappears from the archives of The School of Black, Matthew travels to London to team up with England’s Combat Mage, the beautiful and enchanting Wren, to hunt it down before all Hell breaks loose. LUCID is Archaia’s first title published in association with Zachary Quinto (“Heroes,” “Star Trek”) and his company, Before the Door. THE KILLER: MODUS VIVENDI #6 (of 6) Written by Matz Illustrated by Luc Jacamon Cover by Luc Jacamon The latest volume in this Eisner Award-nominated series comes to a sharp and violent end as our Killer tries to extricate himself from the American plot against Venezuela… Mature Readers (series contains Nudity, Graphic Violence and Adult Content) MOUSE GUARD: LEGENDS OF THE GUARD VOL. 1 Collected Edition Hardcover Retail Price: $19.95 U.S. Written by David Petersen, Jeremy Bastian, Alex Sheikman, Ted Naifeh, Mark Smylie, Katie Cook, Terry Moore, Alex Kain, Lowell Francis, Guy Davis, Karl Kerschl and Craig Rousseau Illustrated by David Petersen, Jeremy Bastian, Alex Sheikman, Ted Naifeh, Mark Smylie, Katie Cook, Terry Moore, Sean Rubin, Gene Ha, Guy Davis, Karl Kerschl, Craig Rousseau and João Lemos Collects the first volume of LEGENDS OF THE GUARD, a new MOUSE GUARD anthology series featuring the work of artists and storytellers handpicked by series creator David Petersen. Bonus content includes an all-new Epilogue illustrated by João Lemos (AVENGERS FAIRY TALES), cover gallery, character lineup, floor plan of the June Alley Inn and creator bios. AWAKENING VOL. 2 Original Graphic Novel Hardcover Written by Nick Tapalansky Illustrated by Alex Eckman-Lawn Cover by Alex Eckman-Lawn The truth is unavoidable: There are zombies in Park Falls and, seemingly, the rest of the world. As the situation in the city spins out of control, Detective Derrick Peters and others search for answers amid a mass exodus and murders perpetrated by monsters of a different sort. Follow the conclusion of Park Falls’ harrowing year in the second volume of the critically acclaimed zombie noir series! Mature Readers (contains Adult Content and Graphic Violence) THE GOD MACHINE Original Graphic Novel Hardcover Written by Chandra Free Illustrated by Chandra Free Cover by Chandra Free Stricken with grief from the death of his girlfriend, Sith, Guy Salvatore struggles to make sense of his world. He’s plagued with hallucinations of monsters that torment him with outrageous requests. Enter Satan: a strange, old man who implores Guy to call upon his latent power to break through his world’s plane to rescue Sith, who he claims is floating aimlessly in and out of dimensional planes known as the “Dream Worlds.” But is Satan to be trusted? Is he ever? Mature Readers (contains Nudity and Adult Content) THE GRAVE DOUG FRESHLEY Original Graphic Novel Hardcover Written by Josh Hechinger Illustrated by mpMann Cover by mpMann Douglas Freshley, a former schoolmaster, is hired by his longtime friend, Shane McNally to tutor their rambunctious son, Bat. But when the Delancey gang raids the McNally ranch, killing all the adults, it’s up to the corpse of Doug to rise up, protect Bat and exact some good ol’ frontier justice. Little does he know, however, that he is being stalked by the Deadliest Gun in the West (or anywhere): the Grim Reaper himself. T+13 (contains material suitable for teen readers ages 13 and above) Archaia San Diego Comic-Con Signing and Appearance Schedule ARCHAIA’S SIGNING AND APPEARANCE SCHEDULE FOR SAN DIEGO COMIC-CON OVER 40 ARCHAIA WRITERS AND ARTISTS WILL BE ON HAND TO MEET FANS, SIGN AUTOGRAPHS AND OFFER EXCLUSIVE ITEMS Los Angeles, CA (July 20, 2010) – In anticipation of the largest gathering in North America of comic book and pop culture fans, Archaia Entertainment announced it will be hosting over 40 writers and artists for autograph sessions and meet-and-greet opportunities at its booth at Comic-Con International in San Diego, Calif., to be held July 22-25, 2010 at the San Diego Convention Center. Guests of special note include Brian Froud, a veteran of The Jim Henson Company, who will be on hand to sign exclusive posters for the upcoming Dark Crystal comics; actor/writer Michael McMillian (“True Blood”), who will sign copies of Lucid #1, the first comic to come from the partnership between Before the Door and Archaia; actor/writer/producer/director Dan Fogler (“Fanboys,” “Balls of Fury”), who will be signing a preview book of the upcoming Moon Lake, a hardcover anthology of comedic horror stories; Eisner Award-winning creator David Petersen, who’ll be on hand to sign copies of Mouse Guard; Tom Siddell, who will sign copies of the two volumes of Gunnerkrigg Court; Matz, the Eisner Award-nominated writer who will sign copies of The Killer, a popular series originally published in France that has captivated American readers; and Eisner Award-nominated writer Phil Hester, who will sign copies of the Archaia and Roddenberry Productions hardcover, Days Missing. Plus, writers and artists who contributed to the Fraggle Rock comic book will be around all weekend to sign copies of the new hardcover collection. “Our mission for San Diego Comic-Con is twofold: to thank our loyal readers by rewarding them with the opportunity to meet their favorite Archaia writers and artists, and to reach out to those who may have not yet heard of us but are willing to try something different,” said Archaia Marketing Manager Mel Caylo. “By having over 40 creators rotating at the Archaia booth throughout the weekend, I believe we’ll accomplish just that!” Archaia will be located at Booth #2635. Here is the schedule* of signings and appearance times: 5:30-7 p.m. TITANIUM RAIN (Josh Finney, Kat Rocha) 7:30-9 p.m. BERONA’S WAR (Anthony Coffey, Jesse Labbé) 5:30-7 p.m. FRAGGLE ROCK (Sam Humphries, Jeremy Love) 7-8 p.m. FRAGGLE ROCK (Leigh Dragoon) 8-9 p.m. FRAGGLE ROCK (Adrianne Ambrose) 5:30-7:30 p.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 7:30-9 p.m. MOON LAKE (Dan Fogler, R.H. Stavis, Robbi Rodriguez, Tim Seeley) 5:30-7:30 p.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 7:30-9 p.m. STARKWEATHER: IMMORTAL (Dave Rodriguez, Patrick McEvoy) Featured Table 5:30-9 p.m. GUNNERKRIGG COURT (Tom Siddell) 9-11:30 am. GUNNERKRIGG COURT (Tom Siddell) 11-30 a.m.-1 p.m. THE GOD MACHINE (Chandra Free) 1-3 p.m. THE ENGINEER (Brian Churilla, Jeremy Shepherd) 3-5 p.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 5-7 p.m. RETURN OF THE DAPPER MEN (Jim McCann, Janet K. Lee) 9 a.m.-10:30 a.m. FRAGGLE ROCK (Grace Randolph) 10:30 a.m.-12 p.m. FRAGGLE ROCK (Leigh Dragoon) 12-1:30 p.m. FRAGGLE ROCK (Sam Humphries, Jeremy Love) 1:30-2:30 p.m. FRAGGE ROCK (Katie Cook) 2:30-4 p.m. FRAGGLE ROCK (Michael DiMotta) 4-5:30 p.m. FRAGGLE ROCK (Heather White, Jeff Stokely) 5:30-7 p.m. FRAGGLE ROCK (Adrianne Ambrose, Nichol Ashworth) 9-11:30 a.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 11:30 a.m.-2 p.m. MOON LAKE (Dan Fogler, R.H. Stavis, Robbi Rodriguez, Tim Seeley) 2-4 p.m. KILLING PICKMAN (Jason Becker) 4-6 p.m. DAYS MISSING (Trevor Roth, David Marquez, Phil Hester) 9-11 a.m. TITANIUM RAIN (Josh Finney, Kat Rocha) 11 a.m.-12:30 p.m. TUMOR (Joshua Hale Fialkov) 12:30-1:30 p.m. STARKWEATHER: IMMORTAL (Dave Rodriguez, Patrick McEvoy) 1:30-2:30 p.m. HYBRID BASTARDS! (Tom Pinchuk) 2:30-4 p.m. ARTESIA (Mark Smylie) 4-7 p.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 9-10:30 a.m. FEEDING GROUND (Swifty Lang, Michael Lapinski, Christopher Mangun) 10:30 a.m.-12:30 p.m. MOUSE GUARD (David Petersen) 12:30-1:30 p.m. TUMOR (Joshua Hale Fialkov) 1:30-2:30 p.m. STARKWEATHER: IMMORTAL (Dave Rodriguez, Patrick McEvoy) 3:30-5 p.m. THE DARK CRYSTAL (Brian Froud, Wendy Froud) 5-6 p.m. MOUSE GUARD (David Petersen) 6-7 p.m. ARTESIA (Mark Smylie) 9-11:30 a.m. RETURN OF THE DAPPER MEN (Jim McCann, Janet K. Lee) 11:30 a.m.-2 p.m. THE ENGINEER (Brian Churilla, Jeremy Shepherd) 2-3 p.m. THE GOD MACHINE (Chandra Free) 3-5 p.m. GUNNERKRIGG COURT (Tom Siddell) 9-10:30 a.m. FRAGGLE ROCK (Michael DiMotta) 10:30 a.m.-12 p.m. FRAGGLE ROCK (Sam Humphries, Jeremy Love) 12-1:30 p.m. FRAGGLE ROCK (Adrianne Ambrose, Amy Mebberson) 1:30-3 p.m. FRAGGLE ROCK (Heather White, Jeff Stokely) 3-4:30 FRAGGLE ROCK (Nichol Ashworth, Leigh Dragoon) 4:30-5:30 p.m. FRAGGLE ROCK (Katie Cook) 5:30-7 p.m. FRAGGLE ROCK (Grace Randolph, 9-10:30 a.m. STARKWEATHER: IMMORTAL (Dave Rodriguez, Patrick McEvoy) 10:30 a.m.-12:30 p.m. MOON LAKE (Dan Fogler, R.H. Stavis, Robbi Rodriguez, Tim Seeley) 12:30-2:30 p.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 2:30-4 p.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 4-5 p.m. FEEDING GROUND (Swifty Lang, Michael Lapinski, Christopher Mangun) 5-7 p.m. LUCID (Michael McMillian) 9-10:30 a.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 10:30 a.m.-1 p.m. AWAKENING (Nick Tapalansky, Alex Eckman-Lawn) 1-2 p.m. TITANIUM RAIN (Josh Finney, Kat Rocha) 2-3:30 p.m. TUMOR (Joshua Hale Fialkov) 3:30-4:30 p.m. KILLING PICKMAN (Jason Becker) 5:30-6:30 p.m. THE KILLER (Matz) 9-10:30 a.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 12:30-2 p.m. THE DARK CRYSTAL (Brian Froud, Wendy Froud) 4-5:30 p.m. THE KILLER (Matz) 5:30-6:30 p.m. AWAKENING (Nick Tapalansky, Alex Eckman-Lawn) 9-10:30 a.m. THE ENGINEER (Brian Churilla, Jeremy Shepherd) 10:30 a.m.-1 p.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 3-4:30 p.m. THE GOD MACHINE (Chandra Free) 9-10:30 a.m. FRAGGLE ROCK (Leigh Dragoon) 10:30-11:30 a.m. FRAGGLE ROCK (Katie Cook) 11:30 a.m.-1 p.m. FRAGGLE ROCK (Heather White, Jeff Stokely) 1-2:30 p.m. FRAGGLE ROCK (Michael DiMotta/Bryce P. Coleman) 2:30-4 p.m. FRAGGLE ROCK (Amy Mebberson, Sam Humphries) 4-5:30 p.m. FRAGGLE ROCK (Adrianne Ambrose, Nichol Ashworth) 10:30 a.m.-12 p.m. LUCID (Michael McMillian) 12-1:30 p.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 9-10 a.m. AWAKENING (Nick Tapalansky, Alex Eckman-Lawn) 10-11:30 a.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 11:30 a.m.-1 p.m. TUMOR (Joshua Hale Fialkov) 1-2:30 p.m. AWAKENING (Nick Tapalansky, Alex Eckman-Lawn) 6-7 p.m. HYBRID BASTARDS! (Tom Pinchuk) 9-10:30 a.m. LUCID (Michael McMillian) 12:30-1:30 p.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 4-5:30 p.m. MOON LAKE (Dan Fogler, R.H. Stavis, Robbi Rodriguez, Tim Seeley) 5:30-7 p.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 9 a.m.-12 p.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 12-2:30 p.m. THE ENGINEER (Brian Churilla, Jeremy Shepherd) 2:30-5 p.m. THE GOD MACHINE (Chandra Free) 9-10 a.m. FRAGGLE ROCK (Katie Cook, Nichol Ashworth) 10-11 a.m. FRAGGLE ROCK (Leigh Dragoon) 1-2 p.m. FRAGGLE ROCK (Sam Humphries, Jeremy Love) 2-3 p.m. FRAGGLE ROCK (Adrianne Ambrose, Bryce P. Coleman) 4-5 p.m. FRAGGLE ROCK (Heather White, Jeff Stokely) 9-10:30 a.m. MOON LAKE (Dan Fogler, R.H. Stavis, Robbi Rodriguez, Tim Seeley) 10:30-11:30 a.m. FEEDING GROUND (Swifty Lang, Michael Lapinski, Christopher Mangun) 11:30 a.m.-12:30 p.m. CRITICAL MILLENNIUM (Andrew E. C. Gaska, Daniel Dussault) 12:30-2 p.m. LUCID (Michael McMillian) 2-3:30 p.m. SYNDROME (R.J. Ryan, Daniel Quantz, David Marquez, Blake Leibel) 3:30-5 p.m. DAYS MISSING (Trevor Roth, David Marquez, Phil Hester) 9-11 a.m. THE KILLER (Matz) 11 a.m.-1 p.m. TUMOR (Joshua Hale Fialkov) 1-2:30 p.m. KILLING PICKMAN (Jason Becker) 9-11 a.m. RETURN OF THE DAPPER MEN (Jim McCann, Janet K. Lee) 11 a.m.-12 p.m. THE ENGINEER (Brian Churilla, Jeremy Shepherd) 12-1 p.m. BERONA’S WAR (Anthony Coffey and Jesse Labbé) 2-3:30 p.m. THE DARK CRYSTAL (Brian Froud, Wendy Froud) *Schedule is subject to change. Archaia has built an unparalleled reputation for producing meaningful content that perpetually transforms minds. Archaia is: An Elegy for Amelia Johnson, Artesia, Awakening, Beautiful Scars, Berona’s War, The Black Knight, Critical Millennium, Cyclops, The Dark Crystal, Dark Fall, Days Missing, The Devil’s Handshake, The Engineer, Everlast, Feeding Ground, Fraggle Rock, God Machine, The Grave Doug Freshley, Gunnerkrigg Court, Hybrid Bastards!, Inanna’s Tears, The Killer, Killing Pickman, Labyrinth, The Lone and Level Sands, Lucid, Miranda Mercury, Moon Lake, Mouse Guard, Mr. Murder Is Dead, Okko, One in a Million, Primordia, The Return of the Dapper Men, Robotika, Saga, The Secret History, Some New Kind of Slaughter, Starkweather: Immortal, Syndrome, Titanium Rain, Trial By Fire, Tumor and 10 more new titles in 2010. Fashion Spotlight: Rebels Must Die, The Reverend Lowe, and The Speedster of Silly Walks #TheFlash… twitter.com/i/web/status/1… 27 minutes ago Black Panther #20 preview. To unite the two empires of Wakanda, the Black Panther must destroy a vital piece of his… twitter.com/i/web/status/1… 1 hour ago Guardians of the Galaxy #1 preview. Once, they were a team of misfits. Now they're a family, and they've earned the… twitter.com/i/web/status/1… 4 hours ago
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Simply Great Deals Listener Cruise Kelly Mary Fauvrelle: Man charged with killing pregnant woman and baby appears in court A man accused of killing a heavily pregnant woman and her baby son has appeared in court. Aaron McKenzie, 25, of Peckham, south London, allegedly murdered eight months pregnant Kelly Mary Fauvrelle, 26, who was stabbed to death in her house in Thornton Heath, south London, on 29 June. He is also accused of the manslaughter of her baby son, named Riley by relatives after paramedics delivered him at the scene. He died in hospital four days later. McKenzie was arrested on Thursday and appeared at Camberwell Magistrates' Court on Monday, where he is also charged with possession of a knife. He stood in the dock, dressed in dark blue jeans and a grey sweater, with his arms folded during the brief hearing. He spoke only to confirm his name, date of birth and that he is British, but did not give his address and was not asked to enter pleas to any of the charges. District Judge Karim Ezzat told him he will next appear at the Old Bailey on Wednesday for a bail hearing before another court hearing on 12 August. McKenzie was remanded in custody. Ms Fauvrelle, a Royal Mail worker, was attacked in her bedroom on the ground floor of the family home. Her whole family, including her mother, two brothers, sister and her sister's baby, were all in the house. They were alerted by the sound of Ms Fauvrelle's screams at around 3.30am. Two men had previously been arrested on suspicion of murder. One, aged 37, was released with no further action, and a second, aged 29, has been released on bail until early August. « Man wearing rubber suit terrorises villagers in Somerset World Series Of Poker final: British university drop-out wins $1.5m at tournament » Subscribe our newsletter to get the best stories into your inbox! GREAT RADIO COMES TO GREAT DRIFFIELD! Transmitter going up Test Transmissions are now LIVE on 107.2FM Driffield Remembers... Driffield endurance athlete smashes fundraising target despite injury Great Driffield Radio launch day announced East Riding of Yorkshire Rural Partnership celebrates 20 years of making a difference Christmas 2018 message from the chairman of East Riding of Yorkshire Council RT @BurtonConstable: 🎟🚐 A real treat for group visitors! Over 30 rooms to explore. 500 years of family history. Over 300 acres of histori… EAST RIDING WALK IN & TALK #monday 12noon : - struggling to get GP appointment? - we speak with head of… https://t.co/A9R8ExqHhs RT @CranswickSra: Fixtures 🔵⚪️🔵 Today the fixtures for both teams have been released for next month. Three local Derby’s one for firsts an… Follow GreatDriffieldRadio on Twitter Great Driffield Radio Limited Unit 11, Driffield Business Centre, Scotchburn Garth, Skerne Road, Driffield, East Yorkshire, YO25 6EF Email: info@greatdriffieldradio.co.uk © 2018 Great Driffield Radio Limited. All Rights Reserved. Schedule & Presenters WIN Cake with Costellos Driffield Santa's Switchboard
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Corporate Crime Update: the looting of the commons, pharma-crime, war profiteering and more Filed under: business, consumerism, corporate corruption, cover-up, death, economy, environment, news, poison, pollution, war profiteering FINANCIAL SECTOR – THE LOOTING OF THE COMMONS Irregularity Uncovered at IndyMac – NYTimes 12/22/08 Former Nasdaq CEO arrested on $50 Billion fraud charge – AFP/Raw Story 12/11/08 75+ groups demand bailout transparency – Raw Story 12/8/08 Fed Approves GMAC Request to Become a Bank – NYTimes 12/24/08 ITALY: Ex-Head of Bank of Italy to Go on Trial – CorpWatch 11/29/08 Now, three years after his time at the helm of the central bank ended in scandal, he goes on trial in Milan on Thursday, accused of rigging markets in order to keep Italian banks in Italian hands. BAE accused of £100m secret payments to seal South Africa arms deal – Guardian, UK 12/5/08 Shell’s Dutch pension fund tumbles by 40pc – Telegraph, UK 12/13/08 Investors fear $50bn loss in Madoff’s ‘big lie’ – Financial Times, UK 12/12/08 UBS seeks to deny duty over Madoff funds – Financial Times, UK 12/19/08 UBS sought to absolve itself from any duty to safeguard investor assets in a $1.4bn fund that channelled money into Bernard Madoff’s alleged $50bn Ponzi scheme S&P downgrades 11 of world’s top banks – Financial Times, UK 12/19/08 The ratings agency said the current downturn could be longer and deeper than previously thought Goldman Sachs Offshores Its Profits and Reduces Its Taxes to 1% – Implode Explode 12/17/08 “With the right hand out begging for bailout money, the left is hiding it offshore.” Bank of England mulls “nuclear option” of cash injection – Telegraph, UK 12/4/08 The Bank of England is working on radical plans to inject cash directly into the economy – the nuclear option to be used only when interest rates approach zero. PHARMA-CRIME Unsafe Heart Medication Peddled to Public as Wonder Drug – Alternet 12/23/08 Crestor offers little benefit and offsets it with costly side effects. But you wouldn’t know this from drug-company propaganda. Cervical Cancer Vaccine Paralyses 12-Year-Old Girl– Cryptogon 12/14/08 Makers of US cold prevention remedy reach $7m settlement – Guardian, UK 12/17/08 Airborne Health, makers of a top-selling product marketed as a cold prevention and treatment remedy, signed a $7m (£4.5) settlement on Tuesday to settle false advertising claims levelled by 32 state attorneys general and the District of Columbia. The settlement bars the company from claiming that any of its products fights germs, treats cold symptoms or prevents colds, flu and infections unless it can back up those claims with “reliable and competent scientific evidence”. Airborne was not able to supply such evidence. Chemical Used on Crops could Make You Fat – Natural News 12/8/08 Bone Drugs: The Latest Skeletons in Big Pharma’s Closet – Natural News 12/8/08 Statin Drugs Cause Eye Disorders – Natural News 12/11/08 Aspartame, Brain Cancer & the FDA Approval Process – 10 min, YouTube The approval of aspartame was the most contested in FDA history. The sweetener was not approved on scientific grounds but because of strong political and financial pressure. Aspartame was ‘discovered’ in 1965 by Searle, a Chicago drug company. The FDA finally approved aspartame in 1981, even though scientific research had clearly shown that aspartame caused brain cancer in lab animals.The tests Searle used to determine the safety of aspartame were severely flawed. Searle used unscientific lab practices, falsified data and withheld crucial information during the FDA approval process. Because aspartame caused brain tumors in lab animals, it poses a real cancer risk to humans as well. Cancer is increasing in western countries and will soon be the leading cause of death.Aspartame (E951) is now used in more than 6000 products and millions of people worldwide use the sweetener on a daily basis. In addition to causing cancer, aspartame also causes many other health problems including obesity, diabetes, migraines, brain diseases, ADHD, etc.The US Department of Health has recorded 92 (!) symptoms following complaints about aspartame. In fact, over 80% of all complaints filed with FDA are aspartame related! http://www.321recipes.com/symptoms.html Some of the brand names for aspartame: NutraSweet, Equal, NatraTaste, Canderel, Spoonful, Equal-Measure, etc.Aspartame is used in any of the following products: Sugarfree, Light, Diet, Zero (Coke, Sprite & Fanta), Coke 007, Pepsi Max, Crystal Clear, Low-Calorie, Crystal Light, No Sugar Added, Sportlife, Stimorol Ice, Stimorol Fusion, Freedent, Mentos, Smint, etc. Aspartame breaks down into three components: 1. Methanol : This is the poisonous kind of alcohol. Once in the body, methanol breaks down into formaldehyde, which is a poison. 2. Phenylalanine : This decreases the amount serotonin in your brain, which leads to mood swings (depressions) and an increased appetite! This is why aspartame is one of the main causes for the current obesity epidemic. 3. Aspartic acid : This is a neurological toxin comparable to MSG. Do your self a big favor and remove this poisonous chemical out of your diet for 60 days and discover how your health will improve dramatically! WAR PROFITEERS Blackwater Iraqi Carnage Detailed – The Smoking Gun 12/8/08 Charged Blackwater guards all decorated vets – USA Today 12/6/08 US ‘to drop Blackwater in Iraq’ – BBC 12/17/08 Blackwater should be dropped as the main private security contractor for US diplomats in Iraq, the State Department says. Forget Holiday Sales — Struggling Retailers May Turn to Defense Contracts to Keep From Going Under – Alternet 12/16/08 With the consumer economy on the skids, civilian companies may turn their attention to making products for the Pentagon. CBS: Iraq contractor ‘knowingly exposed troops to toxin’ – Raw Story 12/23/08 Wall Street Journal Editors Put Brakes on BP Story – Corporate Crime Reporter 11/18/08 Amazon pollution suit hits Chevron – Raw Story 12/20/08 Exxon Mobil to pay $6.1 million for air pollution – CNN 12/17/08 Federal officials have fined Exxon Mobil more than $6 million after it violated a three-year-old agreement to decrease air pollution at four of its refineries. US: PacifiCorp Agrees To Remove Dams – CorpWatch 11/13/08 Electric utility PacifiCorp has tentatively agreed to remove four dams from the Klamath River, in a deal that would end one of the West’s most rancorous water disputes and could serve as a settlement model for similar fights. Aborigines win battle over mine – BBC 12/17/08 Aborigines from Australia’s Northern Territory win a court battle to stop mining giant Xstrata expanding a zinc mine. US: Court Says Shell Can’t Drill Near Alaska – CorpWatch 11/20/08 A federal appeals court on Thursday blocked Royal Dutch Shell from drilling oil wells off Alaska’s North Slope after finding that the Interior Department had failed to conduct an environmental study before issuing the company’s drilling permit. Coca-Cola’s Latest Environmental Scam – Alternet 12/6/08 Under fire for its mismanagement of water resources in India, Coke has gone all out to create an image of itself as a leader in water conservation. OTHER CORPORATE CRIMES At Siemens, Bribery Was Just a Line Item – NYTimes 12/21/08 Corruption helped to build Siemens, but also cost it $1.6 billion, the largest fine for bribery in modern corporate history. Siemens ready to settle SEC corruption case – Financial Times, UK 12/12/08 Siemens has offered to pay about $800m to settle accusations it breached anti-corruption laws in the US, in a move that could lead to the largest ever fine on a company accused of overseas bribery Record US fine ends Siemens bribery scandal – Guardian, UK 12/15/08 US authorities fined the German engineering group Siemens a record $800m (£523m) yesterday to settle a long-running bribery and corruption scandal….The US settlement, after a year of negotiations and plea bargaining, sees Siemens pay the US department of justice about $450m (€350m) to settle charges of bribery and trying to falsify corporate books. The securities and exchange commission (SEC), the market regulator, will receive another $350m (€270m) on similar charges under the Foreign Corrupt Practices Act. The DoJ said it was the biggest such case it had ever seen in “scope and magnitude”. Bailiffs get power to use force on debtors – Times, UK 12/21/08 The government has been accused of trampling on individual liberties by proposing wide-ranging new powers for bailiffs to break into homes and to use “reasonable force” against householders who try to protect their valuables. Under the regulations, bailiffs for private firms would for the first time be given permission to restrain or pin down householders. They would also be able to force their way into homes to seize property to pay off debts, such as unpaid credit card bills and loans. Chrysler shutting down all plants for a month – USA Today 12/17/08 Chrysler said Wednesday it is closing all 30 of its manufacturing plants for a month starting Friday . Mattel to pay $12m over toxic toys – Raw Story 12/15/08 U.S. oil firms may be forced to reveal pay to nations abroad – Houston Chronicle 12/13/08 Confronting an increasingly competitive environment around the globe, the major oil companies now face legislation that aims to use them to help keep corrupt regimes abroad from stealing their own people’s oil wealth. Canada’s biggest buyout collapses – BBC 12/11/08 The buyout of BCE, which owns Bell Canada, collapses because of the amount of debt involved. Wal-Mart to pay up to $54m to settle suit – Raw Story 12/9/08 Wal-Mart Stores Inc said on Tuesday that it will pay up to $54.25 million to settle a class-action lawsuit that accused the world’s largest retailer of failing to grant workers their full rest breaks and requiring hourly employees to work off-the-clock in Minnesota. Wal-Mart Settles 63 Lawsuits Over Wages – NYTimes 12/23/08 The retailer said it will pay from $352 million to $640 million to settle lawsuits over wages and work rules. Wal-Mart workers in Minnesota win $54 million settlement – WorkDay Minnesota 12/10/08 Some 100,000 current and former hourly employees of Wal-Mart and Sam’s Club stores in Minnesota – and the state of Minnesota itself – will share up to $54 million from the giant retailer under a settlement announced Tuesday. Cash-strapped states weigh selling roads, parks (AP) – Yahoo 12/27/08 Another Houston oil firm moves its headquarters overseas – Houston Chronicle 12/11/08 The chief executive of Weatherford International said Thursday he and his company headquarters will move from Houston to Switzerland, joining at least two other top Houston oil services executives in seeking closer proximity to emerging oil producing regions overseas. Halliburton Co. relocated its top executives to a Dubai headquarters in 2007 and offshore driller Transocean has announced plans to move to Geneva. Previous posts on corporate corruption I got the same requests to add some info to Book Blogs. Do you think I should make a group about bookish charities, mention it in the discussion, or leave these kinds of things out of the site altogether? What do you think? Comment by samza December 29, 2008 @ 2:15 am I’m not sure I understand your question… Comment by hope2012 December 29, 2008 @ 8:24 am
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1-10 results from 108 for query «nivedita» 16 January, 2019 6:10 AM Prerna to take this extreme step on hearing Anurag’s wedding news in Kasautii Zindagii Kay MUMBAI: The ongoing track of Kasautii Zindagii Kay is high on drama these days as Mohini and Nivedita are planning against Anurag and Prerna’s love story. Mohini and Nivedita will cunningly announce Anurag and Mishka's engagement ceremony to kick out Prerna from Anurag’s life. Everyone is shocked by Mohini’s step and Prerna is heartbroken to hear Anurag’s 1024 15 January, 2019 5:21 AM 'THIS' is what Nivedita will do on being SLAPPED by Mohini in Star Plus' Kasautii Zindagii Kii Star Plus’ show Kasautii Zindagii Kii has spiced up the drama with the entry of Komolika in Prerna and Anurag’s life. Komolika has already had a face-off with Prerna and parallel t this drama, Nivedita has been trying hard to convince Mohini that Anurag has a thing for Prerna. However, Mohini is adamant that Anurag is her child and she knows him well. Also, she insists 185 19 December, 2018 12:40 PM Ekta Kapoor Supports a noble cause by Nivedita Basu MUMBAI: ‘Pehla Kadam', an initiative by Nivedita Basu for the welfare of the girl child and women, was held on Tuesday at Bombay Adda, Bandra and was a huge success. The event was all about women celebrating their feminity as well as men celebrating the women in their lives. The who's who of the entertainment industry was in attendance. A calender featuring 154 10 December, 2018 1:29 PM 21 Sarfarosh fame Shakku Rana in Colors’ Kesari Nandan MUMBAI: TellyChakkar is back with another update on Colors’ upcoming show Kesari Nandan. The show is based on Aamir Khan starrer Dangal and is produced by Contiloe. The show will star Manav Gohil in the role of father, and child artist Chahat will depict his daughter, who aims to become a wrestler. We also reported about Astha Choudhary being roped in to play Manav’s 112 11 November, 2018 6:34 AM I would have loved to play the character of Komolika: Pooja Banerjee Pooja Banerjee is good looking plus hard working plus a good actor - and all this makes her a complete package. The actress is cashing on popularity with her character of Nivedita in Star Plus’ Kasautii Zindagii Kay 2. Pooja has proved her versatility by doing various kinds of shows on TV. Along with being a great actor, Pooja is fun loving and cheerful 121 23 October, 2018 1:35 PM What! Navin spills the beans on Anurag and Prena’s love affair in Kasautii Zindagii Kay MUMBAI: The ongoing track of the Kasautii Zindagii Kayfocuses on how Anurag is trying to expose Navin in front of everyone. Anurag and Prena’s friendship grows even stronger. In the upcoming episode, Anurag learns about Navin’s intentions and that he is two-timing Prerna. Anurag does manage to expose Navin, but he turns the tables on Anurag. Navin reveals 90 19 October, 2018 12:43 PM Dehradun Schools Denying Admission To Girl Who Was Raped, Allege Parents Parents of a Class 10 student, who was gang-raped at a boarding school in Dehradun, have filed a police complaint alleging that schools in the city are denying her admission on the ground that she will spoil the atmosphere on campus, police said on Friday. As per the complaint, the girl's parents approached a couple of schools but she was denied admission 109 10 October, 2018 9:33 AM Erica Fernandes aka Prerna from Kasautii welcomes Goddess Durga MUMBAI: Actress Erica Fernandes, who plays the role of Prerna in Kasautii Zindagii Kay 2, has shared a behind-the-scenes photo on Instagram from the sets of the show. The picture showcases her as well as Pooja Banerjee, who plays Nivedita Basu in the show, decked up in ethnic attire and performing Dhunuchi. Dhunuchi is a dance form that is an integral 169 18 September, 2018 10:56 AM Erica Fernandes turns Santa Claus for THIS Kasautti Zindagii Kay 2 co-star MUMBAI: Ekta Kapoor's upcoming show Kasautti Zindagii Kay 2 is all set to make its grand comeback on the 25th of this month. The ace director–producer has not left any stone unturned to promote the show. Parth Samthaan will be seen playing the role of Anurag Basu and Erica Fernandes will be seen playing the role of Prerna. Pooja Banerjee will essay the role of Nivedita 314 16 September, 2018 10:30 AM I am sporting Bindi and wearing Sarees One of the most popular shows of Indian television Kasautii Zindagii Kay is coming back with a fresh cast in the important roles. Actress Pooja Banerjee whom we have seen in shows like Swim Team, ChandraNandini, Dil Hi Toh Hai is playing the important character of Nivedita Basu in the show. Speaking on her role and preparations for it, Pooja says, "I am playing 202 Reset parameters
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Whale dies with 100kg 'litter ball' including plastic bags and cups in its stomach Helena Horton The Telegraph 2 December 2019 Fishing nets, rope, packing straps, bags and plastic cups were among the items discovered in its stomach - Bav Media A sperm whale has been found dead on a Scottish beach with a stomach full of plastic, knotted into a lethal ball. The whale, discovered by locals on the Isle of Harris was found to have a 100kg "litter ball" inside it. While scientists do not yet know whether the plastic mass contributed to its death, those who live on the island said it highlighted the larger issue of plastic waste. Among the items in the dead animal's stomach were fishing nets, rope, packing straps, bags and plastic cups. The whale was young - a subadult - and it is not yet clear why the otherwise healthy mammal died. Dan Parry, who lives near the beach in Luskentyre, told the BBC "It was desperately sad, especially when you saw the fishing nets and debris that came out of its stomach. "We walk on these beaches nearly every day and I always take a bag to pick up litter, most of which is fishing-related. "This stuff could have easily been netting or the like lost in a storm, we just don't know, but it does show the scale of the problem we have with marine pollution." The plastic was found by the Scottish Marine Animal Stranding Scheme (Smass), an organisation that investigates the deaths of whales and dolphins, who dissected the whale to try and determine its cause of death. Locals were shocked to see the whale Credit: Melvin Nicholson A post on the group's Facebook page stated: "The animal wasn't in particularly poor condition, and whilst it is certainly plausible that this amount of debris was a factor in its live stranding, we actually couldn't find evidence that this had impacted or obstructed the intestines. "This amount of plastic in the stomach is nonetheless horrific, must have compromised digestion, and serves to demonstrate yet again the hazards that marine litter and lost or discarded fishing gear can cause to marine life." They added: "This whale had debris in its stomach which seemed to have originated from both the land and fishing sectors, and could have been swallowed at any point between Norway and the Azores. We are looking in more detail to see if we can work out quite why this animal ended up with so much of it in its stomach." Photographer Melvin Nicholson, who was visiting the coast, said he saw the whale shortly after it was beached. He said: "I was there on Thursday with the coastguard as the poor gorgeous creature passed away. I took a couple of photos including the one with a rainbow which I found quite poignant. Thank you to everybody concerned who dealt with the aftermath and for returning the beach to its usual pristine condition. Such a shame to see such a beautiful creature succumb in this way though". ---Watch the latest videos from Yahoo UK--- #uknews #generalnews 20 pledges for 2020: Why I, The Independent’s deputy travel editor, have promised to go flight-free for a year This quiz will help you decide what film to watch at Christmas
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Talk to a Nurse 1-866-603-MMCT (Monday - Friday, 9am - 7pm ET) SIGN UP EVENTS DONATE About Multiple Myeloma What is Multiple Myeloma? Symptoms, Side effects and Complications Standard Treatments Stem Cell Transplants Clinical trials and experimental therapies Participate in Clinical Trial Patient Education Programs How We're Curing Multiple Myeloma MMRF CoMMpass Study MyDRUG MMRF CureCloud MMRC About The MMRF MMRF Leadership MMRF Founders MMRF Staff Directory Multiple Myeloma News Accelerator Magazine The MMRF Blog Donate to the MMRF Join Team for Cures Make a Tribute Teams and Walkers Select A Team: Event Tips Welcome to My Page Kristin Acquisto It's that time of year again for us to show our support for our friend and colleague, Debbie Gude. Just like last year, we will be walking the Jenkinson's Boardwalk in order to raise awareness for the Multiple Myeloma Foundation. My contact from last year that set up the walk, reached out to me and asked if we would like to participate again. There was no doubt in my mind that our team would come together again to help fight the fight. We will be wearing our "Deb's Defenders" shirts and strolling the boardwalk together. We are asking for donations for MMRF, and hoping to bring all of Point Pleasant together to help our friend, Deb. This is only the beginning for us, we will continue to fight alongside Deb and her family, until she is in remission. She is a warrior, our sunshine at school!! We are so happy to have her back with us at Nellie Bennett!! We are "DEB'S DEFENDERS!!" Won't you please help us in our goal? Thank you so much from the bottom of our hearts!! We really do appreciate any amount you can donate, no amount is too small. On Sunday, April 14th, at 9:00 am, we will be participating in a walk that is being held on the Point Pleasant Beach boardwalk. If you would like to join us, please meet in front of Martell’s Tiki Bar by 9:00 am. We will take a group picture and the walk will begin at 9:30 am. This is an event to raise critical funds for MMRF. We are committed to raising awareness and funds to accelerate finding a cure for multiple myeloma, which is the second most common blood cancer and is currently incurable. Your generosity truly makes a difference. Funds raised through MMRF events have helped to: • Triple patient survival • Deliver ten new treatments in a decade • Launch over 70 new clinical trials • Create the largest genomic data set in any cancer today—leading the effort to treat myeloma based on each patient’s genetic make-up The mission of the Multiple Myeloma Research Foundation (MMRF) is to find a cure for multiple myeloma by relentlessly pursuing innovation that accelerates the development of next-generation treatments to extend the lives of patients. Founded in 1998 by Kathy Giusti, a multiple myeloma patient, and her twin sister Karen Andrews as a 501(c)(3) nonprofit organization, the MMRF is a world-recognized leader in cancer research. Together with its partners, the MMRF has created the only end-to-end solution in precision medicine and the single largest genomic dataset in all cancers. The MMRF continues to disrupt the industry today, as a pioneer and leader at the helm of new research efforts. The MMRF is one of the most highly regarded cancer foundations in the world. Since its inception, the organization has raised almost $400 million and directs nearly 90% of it’s expenses to research and related programs. The MMRF has received Charity Navigator’s 4-star rating for sixteen years. While the MMRF has made enormous progress, they still have much to do and cannot continue to do great research without your support. Please join me to fight multiple myeloma, as your donation will have a meaningful impact on the lives of thousands of patients and their families! The Staff at Nellie Bennett Did you know you can double your impact in seconds? Many employers sponsor matching gift programs and will match charitable contributions made by their employees. Find out if your employer offers this benefit! Visit the MMRF Matching Gifts website (themmrf.org/matchinggifts) or ask your Human Resources Department! 1. Jennifer Weiss 2. John Witkowski 3. Rose McGuire 4. Sandra Witkowski 5. Tanya Scott 6. Laura Bedle Team Deb's Defenders 383 Main Avenue, 5th Floor The MMRF is a registered 501(c)(3) non-profit. Tax ID:06-1504413 Your contribution is tax deductible. Research Gateway
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Climate strike set to be a Coalition wake-up call By David Ritter | 18 September 2019, 8:00am | comments Our country is burning up and the powers-that-be refuse to help, so it's time to show them we've had enough (Image via Wikimedia Commons) Despite warnings and scientific advice, our Government hasn't budged on the issue of climate change so it's time to strike back, writes David Ritter. IT IS THE FIRST DUTY of any government to protect the citizens of the nation. But in the context of the climate emergency, it is a duty that our political leaders are dismally failing to fulfil. Australia’s political leaders have been warned by experts of the potential for climate disaster since the 1990s. These warnings have become more urgent as the climate crisis has deepened, the science has become stronger and the damaging impacts have begun to land even faster than expected. Yet throughout, our politicians have for the most part been resolutely stubborn in their failure to act. Let’s take just one warning from the multitude. Ten years ago, the CSIRO warned the Commonwealth Parliament that '... the impact of climate change is likely to be an increase in the frequency of “Extreme” fire danger days.’ An appropriate response then – as now – was planning to rapidly reduce Australia’s emissions, particularly by phasing out the coal industry that is our number one driver of climate damage. Littleproud fiddles while Australia burns https://t.co/WnZGRYUZ1c @IndependentAus — IndependentAustralia (@independentaus) September 11, 2019 Instead, at least since the repeal of the carbon price in 2014, we have seen no credible effort by our federal politicians to bring our emissions down. Meanwhile, the climate damage becomes ever more severe, with the latest being the spring of fire that has engulfed parts of northern New South Wales and Queensland. As then acting Premier of Queensland Jackie Trad acknowledged, scientists had been warning of more frequent and more ferocious fires for quite some time, so these severe impacts come as no surprise. Australian politicians have displayed a kind of negligence in the face of the climate crisis that it is hard to imagine would be tolerated in any other sphere of life. They have had the best expert advice on the planet for decades that, in order to protect the citizens and the nation of Australia, we need to urgently reduce our emissions. And they have ignored that advice, with terrible consequences which are now becoming more dreadfully apparent every day. It seems hard to imagine that the same kind of gross irresponsibility would be tolerated in, say, a doctor, school teacher, builder, company director or chef — or anyone else owing a duty of care and responsibility. And there is little sign that this reckless indifference to duty on the part of our federal political leaders will change any time soon. Despite Scott Morrison and Angus Taylor's attempts at fudging their failure, our emissions are increasing and there is no credible plan for doing anything about it. Indeed, Angus Taylor who, despite being Minister for Energy and Emissions Reduction, continues to countenance the possibility of new coal projects and will not rule out public money being used to extend the life of existing dirty coal power stations. Handy summary of the state of play in Australia: “Six years of the Coalition. One year of Morrison and Taylor. No climate policy, no energy policy, no EV policy, no energy efficiency policy. No respect for the science... No sign of change” https://t.co/6lMIhXOGmy — Brynn O'Brien (@brynnobrien) August 23, 2019 When elected representatives do not fulfil their most fundamental duty and face no accountability for their failure, even while the consequences of their inaction become worse and more deadly, then those same politicians will inevitably begin to lose their legitimacy within the community that they are meant to serve. As extreme climate damage rips through our country in the form of floods, fires, storms and heatwaves and Morrison and company continue to dither, deny and double down on coal, they cannot expect to be taken seriously as custodians of the national interest. This spring of fire is a bonfire of Scott Morrison’s legitimacy. And so it is that the shameful dereliction of duty by our political leaders is now being met with an emphatic response from frustrated citizens both in Australia and around the world. This Friday 20 September, millions of people around the world will take their frustration to the streets as part of the global climate strike being led by the student strikers. The strike is being driven by brave young people – the student strikers – but all Australians have been invited to participate. And charities and NGOs, businesses, unions, church groups and institutions of all kinds, as well as numerous parents, teachers, carers and community members, have said that they will join the kids on the streets. The shared resolve is clear: the current crop of Australian federal politicians must be held accountable for their collective negligence in the face of clear and present threats to the future of the nation. There are enough scientific warnings and stories of everyday experiences of climate damage to fill every politician’s reading time one thousand times over. They have no excuse, they are not doing their duty. And on Friday it is time to tell them so. Click HERE to see details of strikes taking place in Australia. 'No one is too small to make a difference' - Greta Thunberg urges all to join Friday's climate strike pic.twitter.com/ZTSo8VivUW — The Independent (@Independent) September 17, 2019 David Ritter is CEO of Greenpeace Australia Pacific, adjunct professor at Sydney University and an honorary fellow of the Law Faculty at the University of Western Australia. You can follow David Ritter on Twitter @David_Ritter. Millions to down tools and pens on September 20 for #ClimateStrike https://t.co/Qhke6dkxT8 @IndependentAus — Dave Donovan (@davrosz) September 3, 2019 POLITICS ENVIRONMENT ENERGY David Ritter Climate change #climatecrisis #schoolstrike4climate global warming Scott Morrison Angus Taylor climate strike 20 September #coal Recent articles by David Ritter Bushfire disaster blame falls on coal companies 23 November 2019, 7:00am Our government's insistence on using coal as an energy source can be directly ... Institutional corruption is keeping the coal fires burning 19 October 2019, 7:00am Corruption at a Government level is preventing the switch to clean energy and the ... 18 September 2019, 8:00am Despite warnings and scientific advice, our Government hasn't budged on the issue ... view all 4 articles by David Ritter
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Boat Crashes Into Oil Well, Creating New Gulf Spill Filed under: ecocide, environmental catastrophe, environmental disaster, gas leak, gas seep, gulf, gulf of mexico, health and environment, Oil, oil leak, oil rig, oil spill Boat Crashes Into Oil Well, Creating New Spill in Gulf of Mexico http://www.youtube.com/watch?v=QlJQjQXBOPE URGENT: Fox News is being told by the Homeland Security director for Jefferson Parish, La., that a new oil leak has sprung up in the Gulf of Mexico after a boat struck an oil well in the early morning hours on Tuesday. A tugboat or other workboat collided with the well near Bayou St. Dennis, La., shearing off its valve structure and releasing pressurized natural gas and light oil, DHS official Deano Bonano told Fox News. Cleanup workers are currently booming off the area and the scene at sea has been taken over by federal agents. The U.S. Coast Guard, Jefferson Parish police and fire officials, as well as Vessels of Opportunity boats have all been dispatched to the scene. Federal officials do not know who owns the well, but a contractor who handles wild wells is also on the way, Bonano said. Oil is spewing about 20 feet in the air from the severed 4-inch pipe, a contractor who flew over the leak told Fox News. The area has been evacuated and civilian boats are being told not to enter the scene, where “a fair bit of oil” is leaking out, the contractor said.
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« Branson………………….#251 (the 90’s) The Circle Of Life………………#249 (the 90’s) » Prelude To Branson……..#250 (the 90’s) The daily morning edition of the Wichita Eagle was provided by Dr. Marcia Drewry, better known as “Dr. D”, when she entered the east back door which was the Kiowa Hospitals old ambulance entrance and adjacent to the kitchens back door. Most mornings along with the paper she he would deposit a box of donuts from Val’s donut shop on the picnic table that resided there for the non-certify staff The Thursday edition of the Wichita Eagle would include what was designated as a social page, where a person could submit at no charge an introduction of themselves to the public, leaving a phone number for those of like interest to enjoin an introduction. Fellow hospital employee’s, Arvetta Starzyk , dietary, Judy Reed and her housekeeping staff during their morning break formulated a novel idea. The assembly forthcoming with Gary to post his social personality subsistence on the Eagle social page, Gary at first declining but on a lark giving in. Placing a call to the Eagle society page editors number, a lady answered, cordially taking the prescribed ad, then posing a question, “how do you want it titled?” Gary was somewhat perplexed at the unexpected question, hesitantly he replied he didn’t know, what do you think?, the lady replying, “well, you sound like A Prince Charming, how about that”. The week-long wait was finally over, the Thursday morning paper arriving, there in bold print, the lady was true to her word. As the weeks progressed Gary’s answering machine having several messages from the opposite gender briefly introducing themselves leaving their number. A call on the answering machine initiating an introduction to Karla Balsamo residing in Wichita, the lady sounding very congenial the two agreeing to meet Saturday at noon at a Wichita’s Town West Square Mall restaurant. Gary arriving early, seated patiently waiting and watching the entrance having never made Karla’s acquaintance, not knowing what to expect. A younger attractive women entering immediately capturing him with her stylish dress and her eyes searching the restaurant for recognition. Gary introducing himself, finding Karla comfortable with his company, conversation flowing with this first meeting and after lunch agreeing to see each other again. Gary’s first appearance at her residence on S. Edgemoor Street, endeavoring to make a good impression making a stop at Town West purchasing a distinctive candle and holder as a housewarming gift and by coincidence his gift happened to accord her home’s decor, the couple spending a delightful outing together, the first of several. It was during a ten-day triple digit heat wave in Wichita that Gary came to her rescue the central air conditioning in her residence having failed, Karla calling him in Kiowa about her dilemma. Gary explaining although he could do the basic service on a unit he wasn’t a AC technician and didn’t possess any of the necessary tools, suggesting she call an AC professional. She related she had called several but it would be several days before anyone could address her problem because of a backlog of service calls. Gary responding he knew of someone in Wichita that might be of some help, mentioning he would place a call to a friend, Larry Dunn. Larry having been Plant Operation Manager at HCA Wesley Hospital, a past president of the Kansas Hospital Engineers Association and a mentor in Gary’s election as KHEA president. Gary was aware that Larry had changed employment with the management downsizing at HCA Wesley, taking a position as service manager for Comfort Heating and Air Systems, the largest air conditioning service assemblage in Wichita, employing over 32 staff members and technicians, plus Larry also having been a distributor in Gary’s Amway enterprise. Gary placing a call to his friend about Karla’s dilemma, Larry also acknowledging that his service trucks were backlogged because of the heatwave and committed for several days, Gary beseeching that this lady friend was somewhat special, could he make an exception. Larry replying that he couldn’t change the service schedule, but what he would do for Gary was make the service call himself. Later that evening Karla telephoned thanking Gary, her air conditioning was once again operational, stating that Larry even refused payment for his services. The phone call was unexpected, Gary’s Mother calling from California, revealing that she had made reservation for the two of them to invest three nights in Branson Missouri, and had acquired reservation for five shows, and a celebrated dinner cruise on Table Rock Lake aboard the Branson Belle Showboat. The Matriarch of the Willson family giving notice she would alight Wichita’s Mid-Continent Airport on United Airlines the evening of Wednesday, October 8th. Gary foreseeing with anticipation an enjoyable new venture with his mother. Leaving work early from the Kiowa Hospital, his small suitcase made ready for a four-day excursion, the Buick journeying to Wichita. Gary arriving at the Mid-Continent Airport arena, addressing the Airport Hilton, deciding instead of driving all the way back to Kiowa for the night, to access a room for his mother and himself, enabling an early start in the morning for Branson. Waiting for her arrival, Gary formatting a novel idea, making a decision to call Karla to see if she would be interested in joining the two of them for dinner, and with her being a vibrant conversationalist, it would bring life to the dinner engagement. Gary addressed his mother’s United Airlines flight arriving at Mid Continent at 7:00 PM., the two walking the short distance to the Airport Hilton finding a Renaissance Convention in Progress. Knights, Ladies and others dressed in the costumes of that era milling about. Stopping to view the members in the hotel convention room, the two enjoying the festive groups garb and music of the period before hastily getting situated in their room. Gary informing his mom of the evening plans, the Buick found them journeying to Karla’s, their dinner guest Waiting. Gary suggesting they dine at the restaurant and Club that Karla had previously introduced to Gary, it’s unique atmosphere and menu specialty, a hollowed out pineapple filled with a sweet and sour bouquet of shrimp, tropical fruits and pork, with an apropos name of “Hawaii five-O”. Gary seated at the table observing his Mother and Karla conveying most of the conversation, the two getting on famously. The evening drawing nigh, their meal completed, Gary returning Karla home thanking her for a most enjoyable evening , the Willson’s returning to the Airport Hilton. A nocturnal rest, Gary and his mother awakening to a marvelous fall morning, the two having breakfast at Denny’s located on West Kellogg, a block east of the airport entrance. The 300 mile journey to Branson beginning, Gary making a decision rather than taking the easterly US 54, deciding to accommodate the less traveled scenic southeast route, US 400, shorter in distance but more time consuming because of the highways two lane contingency. A brief halfway stop in Fredonia for fuel and lunch, the small town an analogous to many scattered throughout Kansas. Ascending the road once more traversing east, soon crossing into Missouri their destination no longer fleeting. Springfield loomed ahead, but would not be perceive, a change in direction turning south onto state highway 65, entering the scenic realm of the southern Ozarks. Gary realizing he had missed a turn, discovering they were no longer on the highway, but on the old Winding Mountain road into Branson, both in good spirits able to look down on the town, commenting on the mistake that this was truly the real scenic route. From their vantage point descending off the mountain, a view of the 722 mile long White River, and the man-made Table Rock Lake, just one of eight reservoirs built by the corp. of engineers beginning in 1938,. The Table Rock Dam being completed in 1964, forming the area’s largest lake. Looming before them was the aura and arresting picture of Branson, the couple looking forward to what was to Come. This entry was posted on February 4, 2016 at 9:27 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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inthegooey pedaling, paddling, and hiking with a dog A Wintry Ride on Old Haul Road, Jan 2019 It was a quiet ride along Pescadero Road (a minor road that follows the serpentine path of Pescadero Creek) to Old Haul Road. We passed working farms, cow pastures and cottages. As we passed the last farm before entering the thick, shady redwood forest surrounding Loma Mar (population 113), the temperature dropped abruptly, an interesting characteristic of this region, which is made up of hundreds of micro-climates. After a while, we turned off Pescadero Creek Road onto Wurr Road… and crossed Pescadero Creek. Pescadero Creek Wurr Road has a steel stringer bridge with a timber deck, built in 1962, around the time the State started buying back land from farmers and lumber companies. Wurr Road Bridge We stopped on the bridge for a little while and took in our surroundings. A cloud of smoke escaped from the chimney pipe of a nearby timber frame cabin and blew towards the coast, a fisher held his rod over the creek in search of trout and salmon as fishers must have done for centuries (pescadero means “fishing place”), and Pescadero Creek moved slowly over prehistoric river rocks, fallen trees, fish and fishermen’s feet on its journey back to the ocean. Pescadero Creek County Park is San Mateo County’s largest park at 5,700 acres. It is one of three parks in the Pescadero Creek Park Complex, which also includes Sam McDonald County Park and Memorial County Park. Click here to be directed to a Parks Department brochure and map. Wurr Road Pescadero Creek County Park has miles of trails. Old Haul Road is one of them. The County website describes it as a multi-use route for hikers, bicyclists and equestrians that intersects with many of the other trails within the park. The website advises that visitors should be aware that Old Haul Road is the main access road for maintenance crews, and should expect to meet the occasional heavy truck and tractors along the way. The website also explains that much of the road follows the route of a narrow gauge railroad line that hauled logs to the various mills that once flourished in the Santa Cruz Mountains. “Even today you can find rusty choker cables used to skid and lift logs on to flatcars,” it says. An information board at the trail head (just past a small parking lot) offers the following information: “Pescadero Creek County Park shares its eastern border with Portola Redwoods State Park; trails also connect to Big Basin Redwoods State park. The ranger station in Memorial County Park serves as headquarters for all three parks. The park sits atop a deposit of natural gas and crude oil, which pools in Tarwater Creek and seeps into Jones Gulch Creek. Trees in the park include coast redwood, Santa Cruz cypress, tanoak, and knobcone pine. Visitors may see black-tailed deer and occasional coyote and mountain lions.” As a beginner mountain biker, the 5.7 mile (9.2 km) trail was an absolute blast to ride. Having finally figured out how to use my gears effectively, the intermittent humps, none higher than 369 feet (112 m) and cumulatively totaling about 1350 feet (411 m), were a thrill to ride over. The only other people we saw were a group of boys accompanied by an adult, all on mountain bikes, and a ranger in a pickup truck. One of the young mountain bikers made me laugh when he yelled at the top of his lungs, “I-can’t-ride-any-more!” I thought to myself, “If his little lungs can create sounds that are capable of reaching that decibel, he’ll be alright.” Gliophorus psittacinus (parrot mushroom)? Galerina Marginata (Autumn Galerina)? A terrible photo, but an exciting find: a turret spider’s burrow! We find them easily now. When spiderlings leave their mother’s burrow, they don’t venture far (because they’re small and dehydrate easily), so it’s common to find a large turret surrounded by several smaller ones. We’ve seen up to a dozen! The banana slug… not a relative of the banana spider. They grow up to 10 inches (25 cm) long! The hole in the side of its body (they’re hermaphrodites) is called a Pneumostome. Also called a breathing pore, it allows air to enter the animal’s single lung, Donkeys! Resources Consulted: California banana slugs: Fun Facts About Our Vibrant, Terrestrial Molluscs, Golden Gates Natural Parks Conservancy California Fungi—Gliophorus psittacinus, MykoWeb “Five Common Mushrooms that can Poison Your Pet,” by By Dr. Tina Wismer for VetStreet Old Haul Road, Bay Area Mountain Bike Rides Old Haul Road, County of San Mateo Parks Department Pescadero Creek (Wikipedia) Turret Spider, Friends of Edgewood “Turret Spiders Launch Surprise Attacks From Tiny Towers,” by Josh Cassidy for KQED Science Wurr Road Bridge, Bridgehunter.com Historic and Notable Bridges of the U.S. Posted in California Public Roads, Pescadero Creek County Park (Calif.) and tagged Atypoides riversi, Banana slug, Bridges, Donkeys, Galerina Marginata, Gliophorus psittacinus, Mushrooms, Oliver, Pescadero (Calif.), Spiders, Trail bike trails, Turret spiders on June 30, 2019 by inthegooey. Leave a comment Bonjour Canal de Bourgogne, Aug 2017 The Canal de Bourgogne is a hop, skip and a jump away from the small, agricultural town of Soussey-sur-Brionne, where my spouse has family. The Canal was originally conceived of in 1605, but construction didn’t began until 1775, and was completed in 1832. It spans 150 miles (242 km) and connects the Atlantic Ocean to the Mediterranean Sea. Lock near Pouilly en Auxois. We traveled a very small section of the Canal, limiting our journeys to day-trips around Pouilly-en-Auxois. However, we saw quite a few cyclists, generally in couples, loaded down with enough gear to last several days. I found the lock-houses (“maisons d’ecluse” in French) fascinating. Although they’re no longer inhabited by lock-keepers (“gardiens d’ecluse”), their location, abutting the trail wherever there is a lock, were vivid reminders of the days when movement through the Canal was hand- and horse-powered. The structure of each lock-house was consistent, but each bore the stamp of their owner in their color schemes and embellishments. All were beautifully maintained. Lockhouse near Vandenesse. Some antique agricultural equipment on display outside the Vandenesse lock-house. I used to work at Vizcaya Museum and Gardens, former residence of James Deering (1859–1925), heir to Deering Harvester Company (which became International Harvester Company), so seeing this old Deering equipment was quite a thrill. James Deering had a close relationship with the French, and was even awarded the French Legion of Honor. Motorized vehicles are prohibited on the trail, but that doesn’t stop locals, young and old alike, from using it to zip from one village to the next on motorized scooters. Chateauneuf-en-Auxois in the background, with the canal and canal boats in the foreground, make this an unmistakably French scene. An old and weathered Cardinal butterfly (Argynnis Pandora) enjoying his last days. Oliver says the grass along the Canal de Bourgogne is some of the best in the world! Bourgogne-Franche-Compte Tourisme: Chateauneuf-en-Auxois Canal de Bourgogne (Wikipedia) I Love Walking in France: Walking the Burgundy Canal Travelling the Canals and Rivers of Europe: Pouilly en Auxois to Pouillenay Trip Suggest: Discover Creancey in France! Posted in French Public Roads and tagged Argynnis pandora, Boats and boating, Bridges, Burgundy Canal (France), Butterflies, Canals, Castles, Château de Châteauneuf-en-Auxois (Châteauneuf-en-Auxois France), Deering Harvester Company, Farm equipment, Fla.), Hydraulic structures, in the gooey, Inland navigation, Oliver, Trail bike trails, Vizcaya Museum and Gardens (Miami on December 2, 2018 by inthegooey. Leave a comment Bonjour Villentrois, Aug 2017 For many generations, my spouse’s family has had a home in Villentrois (population 645) near Valençay, at the northern tip of the Indre departement. In the past, the town was famous for its mushrooms, which blanket the landscape in November. Mushrooms are also grown in deep caves cut out of the Tuffeau limestone hills. My spouse’s family home has such a cave. They keep you lovely and cool in the summer. Tuffeau limestone is also used to patch neighboring Loire Valley castles, the most famous of which is probably Chambord. We cycled trails, wrought by tractors, that skirted the boundaries of farms and intersected major roadways, and dirt roads cut by lumber companies, patched with ceramic shards, that disappeared in the shadow of Forêt de Brouard. We avoided major roadways as the roads are small and drivers speed and are unused to cyclists. Small restaurants – none more authentic in France – quenched our hunger. Only one word of caution: check the weather forecast before you leave, as there aren’t very many places to take shelter during rainstorms. Veuil has a cluster of restaurants that are worth risking a drenching for. We arrived late to Le P’Tit Veuil with a ferocious storm close on our heals, but they did not hesitate to welcome us in, and fed us with such alacrity that I have had to reconsider my definition of hospitality! The dark area is the Forêt de Brouard. We got caught in a rainstorm while in the forest. The best shelter we could find was a young tree that slowed the passage of the rain, but in no way prevented it from reaching us. The storm lasted about thirty minutes! It was a fantastic ride, though. Sunflowers, or “tournesols” in French. A house built with blocks of Tuffeau limestone. This trail in the Forêt de Brouard was on the delimitation between two departments. The concept of “departement” is similar to “county” in English, but the jurisdiction of departements is wider than that of counties (“comte” in French), which are usually part of departements. The entrance to a nest of European hornets. Wikipedia says they’re docile unless engaged in contest with another wasp, or defending their nest. They were unbothered by us. Classic Valencay cheese, made with goats’ milk, little flattened pyramids of heaven. Route Departemental (D33), road from Lucay-le-Male to Villentrois. The glass insulators on the power lines were old in the 1960s. When my spouse was a child, these funny, old insulators imprinted themselves in his memory so that they will forever be associated with Villentrois. A Gardener in France: Troglodyte flower show in central France European Hornet (Wikipedia) Cheese.com, Valencay Posted in French Public Roads and tagged Cheese, Clouds, Cottages, European hornets, Farms, Forests, Hornets, Horses, in the gooey, Limestone, Oliver, Railroads, Rainstorms, Storms, Sunflowers, Tournesol, Trail bike trails, Valençay (France), Vespidae on December 1, 2018 by inthegooey. 1 Comment Bear Cut Preserve 25°43’34.35″N 80°09’13.38″W elev 8 ft Bear Cut Preserve, Crandon Park We hike, jog and bike this short 3.5 mile (5.5 km) trail regularly. I’ve provided the latitude and longitude of the entrance we always use. Parking is free across the street in the Crandon Park Marina. Fifteen years ago, there was ne’er a person to be seen on the trail and the gay community found privacy on the beach. Recently the trail has become popular with bicyclists. The southern end of the beach is popular with kite boarders. At the northern end of the beach is a very cool fossil reef. Before they banned swimming in this section of the beach, we snorkeled there and once as I was parting the sea grass, one single blade failed to move, and when I looked more closely at it, I discovered that it wasn’t a blade of grass at all, but a seahorse! It stayed still only long enough for my eyes to focus on it and then it disappeared. We’ve also seen sting rays and jelly fish. Sting ray, Apr 2013 Restricted section of beach where fossil reef is; notice the beach erosion; Jan 2016 Although it’s suffered from invasive nickernuts, kudsu and, more recently, beach erosion, it’s still a beautiful trail. All kinds of birds hunt along the coastline and on the many sand bars: plovers and sanderlings, terns, herons, pelicans, cormorants. We’ve even seen yellow warblers in the trees along the trail. Nickernut control, Jan 2016 Brown pelicans, Apr 2013 Sometimes you’ll see a metal variety of bird flying high overhead: commercial jets, sea planes, and once we saw a fighter jet darting back and forth across the sky. Cruise ships departing from the Port of Miami are also a frequent sighting. Papaya trees, sea grapes, sable palmettos, coconut palms, mangroves, wild coffee bushes (psychotria nervosa, perhaps the most appropriate Latin name ever given to a plant), American beauty berry, black eyed susans, morning glories, and even a couple edible plants, like sea purslane and prickly pear grow along the trail. Sea purslane, Apr 2013 Prickly pear flower, Apr 2013 Prickly pear, Jan 2016 Psychotria nervosa nestled under the protective arm of a sea grape, Jan 2016 Dogs are not permitted on the beach, but until recently it wasn’t patrolled, Apr 2013 Posted in Crandon Park (Fla.), Florida Parks and tagged Cruise ships, in the gooey, Kite boarding, Nicker nuts, Oliver, Pelicans, Prickly pears, Sable palmetto, Sea grapes, Sea purslane, Sting rays, Trail bike trails on February 3, 2016 by inthegooey. Leave a comment Bird Highway, Nov 2015 27°44’49.91″N 81°46’47.98″W elev 74 ft Launch site: Fort Meade Landing site: Pioneer Park, Pioneer Blvd, Zolfo Springs, FL 33890, (863) 735-0330 We returned to Peace River for Thanksgiving. This year we kayaked upper Peace River, from Fort Meade to Zolfo Springs. We left the car at Pioneer Park, where you can park overnight for free, and took a cab to Fort Meade for $40 including tip. Our cab driver, Mario, said it would be ok to give out his phone number: (863) 245-1527. At fort Meade the river is narrow and intimate. It had overflowed from several days of rain, which sometimes made it difficult to tell which way the river bent. The current was fast and there were many downed trees, making paddling a little more rigorous than the year before.The thorny water locust trees that lined the banks were a concern in our inflatable kayak. We heard lots of alligators; we saw few because they tended to jump in the water with a loud splash before we could get close enough to see them. It was like a bird highway. Great blue herons coasted down the river 20 feet above the water, following its bends like a race car driver follows the bends of a race track. Brown and white ibises poked about for crayfish in pairs, little blue herons, their beaks a striking midnight blue in the sunlight, hunted frogs, egrets waded up to their bums in search of fish, white herons scanned the surface of the river for insects from atop fallen trees, and black headed vultures hung out in flocks high above the water hoping to spot a cow or armadillo carcass. River cooters are shy like alligators and jump, sometimes from impressive heights, into the water when they hear us coming. Their compact little bodies make melodic plopping sounds when they hit the water. We arrived late the first day, leaving us only three hours of paddling before it was time to set up camp. A campground provided a convenient place to spend the night. Rustic, it had no water or electricity, although there was a pavilion, bonfire pit, porta-johns, an elaborate, four-grill barbecue and a dumpster. The porta-john was green with lichen and neither Gauthier nor I dared to go in it. I was afraid of what it might smell like, but Gauthier was afraid of what we might find in it. The ceiling of the pavilion was covered in spider webs and mud dauber nests. Spider carcasses made it look like a macabre scene from a movie. I was terrified and transfixed. Gauthier wanted to set our tent up under the pavilion, but didn’t argue when I suggested that we set it up under the stars instead. Gauthier made moong dal and couscous with harissa for dinner, and southern hospitality supplied us with sweet potato pudding. Shortly after we arrived, a truck pulling a trailer drove up and a man in his 50s stepped out. Walking over to us, he introduced himself as Martin and asked us how we were doing. He was talkative and told us the park was built and maintained by the company he worked for, Mosaic. I told him I recognized the name because a sign in the entrance to the park said that the park was dedicated to all the people from Mosaic who had donated their time and labor to the construction and upkeep of the park. That made him smile. He said the park was built 40 years ago and had suffered greatly during the 2005 hurricane, but that everyone had chipped in to restore it. I asked him about the spiders and he said they were harmless, that they called them “house spiders” (I later learned that they are called neoscona domiciliorum or spotted orb weaver). He said the mud daubers wouldn’t hurt you unless you crushed one, which was unlikely to happen unintentionally. Before he left, he said he and his two children would be camping on the other side of the campground and that we wouldn’t hear from them again, and insisted that we have some of his home made sweet potato pudding, still warm. It’s easy to regard the Mosaic phosphate mining company as the enemy – breaking EPA laws and decimating the landscape – but it was hard not to like Martin. Mosquitoes made it necessary to stay inside the tent, but there was a full moon and a clear sky and it was warm, but not humid, and we left the rainfly off the tent so that it was flooded with moonlight. I woke up several times throughout the night; every time I woke up the moon had traveled a little further across the sky, reminding me that we are all just floating in space. Breakfast was scrambled eggs with fresh green onion, followed by pita bread filled with Nutella, peanut butter and honey. After sticking my foot in a fire ant’s nest, we returned to the river around 9:30 AM. The river widened near Wauchula. As we approached the city we expected to see other kayakers, and were very surprised when we didn’t. The only other boat we saw was a fishing boat with a trawler. There was one man inside the boat and another chest deep in the water outside the boat. The man in the boat yelled to us in a delightful, southern accent, “Did you see that alligator over there?! It’s 12 feet long!” The man in the water smiled and nodded his head and pointed in the direction of the alligator. And there you have it. If a local fisher is not afraid to be up to his chest in the water with a 12 foot alligator nearby, I am not afraid of alligators either. Well, not very afraid. It was the most peaceful paddling imaginable; effortless in a gently moving current that guided us around bends and islands. We took tiny sips of aromatic heirloom whiskey by Widow Jane. We stopped for lunch at Paynes Creek Historic State Park where we were welcomed by a “No Camping” sign. I wondered why they needed swinging trash cans. Did they prevent raccoons from making a mess? Come 4:00 it was time to start looking for another place to camp. A lovely field on a high bank seemed safe from unsuspecting alligators. We had mashed potatoes and pouched tuna followed by split pea soup for dinner. That night, something large and solid rustled in the bushes nearby. An auroch, Gauthier said it was. But Ollie and I weren’t fooled. We knew it was an armadillo. In the morning, dew-drenched grass sparkled in the sunlight and revealed many tiny spider webs – orb and three dimensional – suspended from blades of grass. Ollie and I explored the webs for a while until we discovered a tick. Thankfully it was the only tick we saw. It was an all-black specimen, not like the red dog ticks we have around Miami. Between Wauchula and Zolfo Springs we passed many ranches and private homes. We saw confederate flags, enormous live oaks, and sable palmettos clinging to the river bank with roots that looked like hair. Once, we heard the sound of human voices interspersed with gun fire a little too close for comfort. Just before Zolfo Springs boat launch at Pioneer Park, you learn why it’s called Zolfo Springs. Gurgling up into the river, springs cause the tiniest bit of white water. I was very sorry to reach Pioneer Park, although the prospect of a shower tempered my disappointment. On the way home we stopped for lunch at Wheeler’s in Arcadia and browsed the antiques on sale in the stands that line the street every Saturday. An amazing traveling companion, Gauthier drove us through some very unique landscapes on the way home. Although we couldn’t go in the Archbold Biological Station to explore the unique Florida scrub because we had Ollie with us, we drove through it on Old State Route 8. We also drove by a pine tree plantation. On one side of the road was a vast forest of pines trees growing in eerie rows, and on the other side was the muddy and desolate remains of a harvested forest. We traveled through Florida flatlands that reminded Gauthier of the south of France, and alongside massive orange groves, and around gigantic ranches with “Beef, it’s what’s for dinner!” signs hung outside. The Brahman cattle with their humped backs were a sight to see. Closer to home, near Lake Okeechobee, they were harvesting sugar cane in the cane plantations. Bright lights lit up the fields like fire flies. Posted in Florida Parks, Pioneer Park (Fla.) and tagged Alligators, Arcadia (Fla.), Archbold Biological Station (Fla.), Birds, Black and yellow garden spider, Black headed vulture, Cypresses, Egret, Fire ants, Florida scrub, Florida's heartland, Golden silk spider, Ibises, in the gooey, Live oak, Locust trees, Mud dauber wasp, Oliver, Peace River (Fla.), Sable palmetto, Saw palmetto, Spanish moss, Spiders, Spotted orb weaver, The Mosaic Company, Ticks, Upland mesic hardwood forest, White heron, Yellow pond lily on December 8, 2015 by inthegooey. Leave a comment Spring and Fall in Southwest Miami-Dade County, 2015 Spring starting point: Silver Palm, FL 33170 Fall starting point: SW 168 Street and SW 208 Avenue, Miami FL 33187 Our bike riding adventures took us to southwest Miami Dade County twice this year. In May, they took us to the Redland historic agricultural area. Our path followed public roads barely recognizable as roads and canal C-102. We saw a variety of farms: avocado, palm tree, mango, dragon fruit, bromeliad and many others. We also saw donkeys and purple love grass. In November, we ventured into the fringe of Miami Dade County just west of the C-357 seepage canal where “farmburbia” peters out and the Everglades National Park begins. Once again we followed the ruins of public roads. This time they were overgrown with grasses as thick as your thumb and so high they blocked out the sun. Once inside the perimeter of Everglades National Park, there were two roads to choose from. One was cut out of the native limestone floor. We took this road as far as we could before it became flooded, which wasn’t very far. The other was made of raised hard pack and offered a great view of the endless horizon of Shark River Slough. We saw mocking birds, blue jays, butterflies, goats, chickens, cows, horses, dogs and, unfortunately, discarded tires, soda pop cans, mini fridges and cell phone accessories circa 2005. We also stumbled upon Julio’s Apiary, a licensed bee farm. Select Florida Native Grasses for North Central Florida – Fact Sheet #67, by Gale Kempner, University of Florida IFAS Extension Modified Water Deliveries to Everglades National Park, 8.5 Square Mile Area, by Michael J. Collis, US Army Corps of Engineers, Jacksonville District, May 23, 2012 Agrilicious: Julio’s Apiary & Avocado/Mango Grove Posted in Everglades National Park (Fla.), Florida Parks, Florida Public Roads and tagged Birds, Bromeliads, Butterflies, Canals, Cows, Donkeys, Epiphytes, in the gooey, Oliver, Palms, Petticoat palm, Purple love grass, Shark River Slough (Fla.), Trail bike trails, White peacock butterfly on November 5, 2015 by inthegooey. Leave a comment Just Down the Street, Mar 2015 Chapman Field Recreation Center 13601 Deering Bay Dr, Coral Gables, FL 33158 Chapman Field Recreation Center, or Chapman Field Park as it’s better known, is a ten minute drive down the lushly canopied Main Highway from where Gauthier and I live in Coconut Grove. We launched from Chapman Field for the second time two Sundays ago. I love this spot. It was quite busy on both occasions. On our first visit, we ran into a kayaker training to become a kayak tour guide in Alaska. On our second visit, we met a man who had just completed a 25 mile paddle on a Hobie. There were also several groups of kayakers. The individual in the photo of the launch dock was part of a group of three who loaded their kayaks with beer, fishing gear and a boom box. We ran into them on our return trip. They were hanging out where Biscayne Bay meets the labyrinth of canals that takes you back to the launch. One of them was swimming and, as we approached, his buddy yelled “Alligator!” That brought him upright in a rush! The history of Chapman Field is rather complicated, but fascinating. I found a very well written and detailed account of it here: Chapman Field – The Evolution of a South Dade Army Airdrome, written by Raymond G McGuire formerly of U.S. Department of Agriculture, last updated 2005. What follows is a summary of that document: The U.S. military created Chapman Airfield in 1918 to assist with the war effort. The site consisted of a marl landing field, a lagoon for water landings, channels into Biscayne Bay, and a town with electricity, waterworks, a sewage system and a hospital. It was named after the first American pilot casualty of the war. Abandoned after the war, the land was used by the United States Department of Agriculture. Under the leadership of Dr. David Fairchild, a plant explorer in charge of the Bureau’s Office of Foreign Seed and Plant Introduction, and creator of Miami’s famous Fairchild Tropical Botanic Garden, the site was used as “an ‘Ellis Island for plants’ – a place where sensitive plants could be propagated and bred for resistance to colder temperatures prior to their introduction to areas of the U.S. farther north.” By 1938, they had brought over 9000 new plant specimens to the site. In 1935, the site was expanded to include space for conducting rubber research. Portions of Chapman Field were subsequently used by Embry-Riddle flight school, the University of Miami, and passed through the hands of a private developer or two. As of 2001, according to the author, neighbors and environmental concerns had “stalled large-scale development sufficiently long that community interest has turned toward preservation of Chapman Field Park as a natural area.” The USDA has continuously occupied a section of the property since 1923, and continues to conduct plant science research there. If you’ve ever wondered what an overgrown baseball field looks like, Chapman Field Park will provide you with the answer. The first thing you see when you enter the park is a small, elevated, outdoor recycling center, followed by a series of three overgrown baseball fields. The park also includes a hiking/bike trail. But of course, my favorite part is the kayak launch. (In case you were wondering where Ollie was!) Posted in Chapman Field Park (Fla.), Florida Parks and tagged City skylines, in the gooey, Kayaking, Oliver, Red mangrove on March 29, 2015 by inthegooey. Leave a comment Cycling The Ridgeway Trail - Day 1, Apr 2017 Spring Flowers in a Mountain Forest, May 2019 La Gloria Road and the Bold Cow, Apr 2019 March Rains in San Mateo – Newts on Gazos Creek Fire Road, 2019 March Rains in San Mateo – Thornwood Open Space Preserve, 2019 British Parks Ridgeway National Trail (England) South Downs National Park (England) British Public Roads Bay Area Ridge Trail (Calif.) Monteray Bay National Marine Sanctuary (Calif.) Palo Alto Baylands Nature Preserve (Calif.) Pescadero Creek County Park (Calif.) Thornwood Open Space Preserve (Calif.) California Public Roads Archbold Biological Station (Fla.) Bill Baggs Cape Florida State Park (Fla.) Brownville Park (Fla.) Canoe Outpost – Peace River (Fla.) Cayo Costa State Park (Fla.) Chapman Field Park (Fla.) Crandon Park (Fla.) Everglades National Park (Fla.) Fakahatchee Strand Preserve State Park (Fla.) Fisheating Creek Outpost (Fla.) Florida National Scenic Trail (Fla.) John Pennekamp Coral Reef State Park (Fla.) Picayune Strand State Forest (Fla.) Pioneer Park (Fla.) Florida Public Roads French Parks Forêt domaniale de l’Estérel (France) Parc du Morvan (France) French Public Roads Bay Area Ridge Trail (Calif.) British Parks British Public Roads Brownville Park (Fla.) California Parks California Public Roads Cayo Costa State Park (Fla.) Everglades National Park (Fla.) Florida National Scenic Trail (Fla.) Florida Parks Florida Public Roads French Parks French Public Roads John Pennekamp Coral Reef State Park (Fla.) Ridgeway National Trail (England)
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better DNA Investors Packet Overview Press Releases Events Stock Information SEC Filings Corporate Governance Investors Packet IRS Form 8937 Precigen Announces Clearance of IND to Initiate Phase 1/1b Study for First-in-Class PRGN-3006 UltraCAR-T™ Therapy in Patients with Relapsed or Refractory Acute Myeloid Leukemia (AML) and Higher Risk Myelodysplastic Syndrome (MDS) – First CAR-T therapy to be administered within two days following non-viral gene transfer – First-in-class therapy for AML GERMANTOWN, Md., Dec. 21, 2018 /PRNewswire/ -- Precigen, Inc., a wholly-owned subsidiary of Intrexon Corporation (NASDAQ: XON), and a biopharmaceutical company specializing in the development of innovative gene and cellular therapies to improve the lives of patients, today announced that the US Food and Drug Administration (FDA) has cleared the Investigational New Drug (IND) application for PRGN-3006, a first-in-class investigational therapy using Precigen's UltraCAR-T™ platform. PRGN-3006 UltraCAR-T is an autologous chimeric antigen receptor T-cell (CAR-T) therapy for treatment of patients with relapsed or refractory acute myeloid leukemia (AML) and higher risk myelodysplastic syndrome (MDS). PRGN-3006 utilizes Precigen's transformative UltraCAR-T platform, which reduces manufacturing time to less than two days following non-viral gene transfer. PRGN-3006 UltraCAR-T is a multigenic CAR-T cell treatment utilizing Precigen's clinically-validated Sleeping Beauty system to co-express chimeric antigen receptor, membrane-bound interleukin‐15 (mbIL15), and a kill switch for better precision and control in targeting relapsed or refractory AML and higher risk MDS. This first-in-human Phase 1 dose escalation study to evaluate the safety and maximal tolerated dose of PRGN‐3006 UltraCAR-T will be conducted in collaboration with Moffitt Cancer Center. "We are eager to investigate the PRGN-3006 UltraCAR-T in these patient populations as current treatment options are limited," said David Sallman, MD, lead investigator for the PRGN-3006 study at the Moffitt Cancer Center. "The PRGN-3006 UltraCAR-T represents the potential of precision medicine to deliver targeted treatment options for this underserved patient population." Precigen's UltraCAR-T platform has the potential to disrupt the CAR-T treatment landscape by increasing patient access through shortening manufacturing time from weeks to days, decreasing manufacturing-related costs, and improving outcomes using advanced approaches for precise tumor targeting and control of the immune system. The platform brings several key advancements: Non-viral gene transfer using multigenic vectors for expression of multiple effector genes leads to better precision and control of tumor targeting and eliminates the need for virus. Sustained persistence and desired phenotype of infused UltraCAR-T due to co-expression of mbIL15 helps address T-cell exhaustion, a common issue with current CAR-T therapies. T-cell control by incorporation of kill switch technology to potentially improve the safety profile. Rapid manufacturing of UltraCAR-T cells using our proprietary non-viral gene transfer process, eliminates the need for ex vivo propagation, thus dramatically reducing wait times for patients from weeks to days. "With our first-in-human UltraCAR-T IND clearance from the FDA in about a year since our founding we have reached another critical milestone for patients and Precigen," said Helen Sabzevari, PhD, President of Precigen, "We are committed to developing the PRGN-3006 UltraCAR-T as quickly and as efficiently as possible with the goal of providing an effective treatment option for these patients with high unmet need." Precigen will host a conference call on the morning of December 26, 2018. Details to follow. About Acute Myeloid Leukemia (AML) In 2018, nearly 20,000 new cases of AML will be diagnosed in the US, mostly in adults1. AML is among the most common types of leukemia in adults. AML is uncommon before the age of 45 and the average age of diagnosis is about 681. The prognosis for patients with AML is poor with an average 5‐year survival rate of approximately 25 percent overall, and less than a 5 percent 5‐year survival rate for patients older than 652. Amongst elderly AML patients (≥ 65 years of age) median survival is short, ranging from 3.5 months for patients 65 to 74 years of age to 1.4 months for patients ≥ 85 years of age2. About Myelodysplastic Syndrome (MDS) MDS are diseases of the bone marrow generally found in adults in their 70s3. Incidence in the US is not known for sure, but estimates range from 10,000 each year and higher3. Using International Prognostic Scoring System (IPSS-R), median survival for MDS patients can vary from less than one year for the "very high" IPSS-R risk group to more than eight years for the "very low" IPSS-R group3. Precigen : Advancing Medicine with Precision™ Founded in 2017, Precigen is a dedicated discovery and clinical stage biopharmaceutical company advancing the next generation of gene and cellular therapies using precision technology to target the most urgent and intractable diseases in immuno-oncology, autoimmune disorders, and infectious diseases. Our technologies enable us to find innovative solutions for affordable biotherapeutics in a controlled manner. Precigen operates as an innovation engine progressing a preclinical and clinical pipeline of well-differentiated unique therapies toward clinical proof-of-concept and commercialization. Precigen was founded as a wholly-owned subsidiary of Intrexon Corporation (NASDAQ: XON) and leverages Intrexon's proprietary technology platforms to advance human health. 1American Cancer Society. Key Statistics for Acute Myeloid Leukemia (AML). Accessed December 2018 via ACS website. 2Thein, M., et al., Outcome of older patients with acute myeloid leukemia: an analysis of SEER data over 3 decades. Cancer, 2013. 119(15): p.2720-7. 3American Cancer Society. Key Statistics for Myelodysplastic Syndromes. Accessed December 2018 via ACS website. Precigen Media Contact: Donelle M. Gregory press@precigentherapeutics.com intrexon designs and engineers living systems to address the world’s greatest challenges in health, energy, food, and environmental sustainability. © 2020 Intrexon You are now leaving the intrexon website. intrexon assumes no responsibility for information or statements you may encounter on the internet outside of intrexon’s website. Thank you for visiting intrexon. This website uses analytical and tracking cookies to improve your user experience and for statistical purposes. By continuing to browse on this website, you agree to the use of such cookies. Click here to learn more about cookies and how you can manage them.
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A Brief Note on Provable Security in Cryptocurrencies 22 September 2016 Mario Larangeira 5 mins read A Brief Note on Provable Security in Cryptocurrencies - Input Output - HongKong This post tries to give a short overview of provable security in cryptocurrencies. Provable Security Provable security is a relatively new area within the cryptography discipline. The first papers in the modern cryptography (the one that starts from the seventies until now) do not have a rigorous security analysis. That is, with the exception of citation of concrete attacks, there is no attempt to meticulously formalize the adversary power and capabilities. For example, the paper "New Directions in Cryptography" by Whitfield Diffie and Martin Hellman, which is considered by most the beginning of modern cryptography (at least the public and civilian one), does not provide such rigorous analysis. The publications from the cryptographic research community of today illustrate a startling difference from that era. In almost every relevant conference or journal, it is required from the authors a security analysis. With special care when the work proposes a new cryptographic scheme or claim improvements. Today, a new scheme or protocol without a proof of security in its original publication will hardly be accepted. In the context of cryptocurrencies such evolution can be observed too. However, before going to that topic, it is convenient to review briefly what we mean by "adversary power and capabilities" mentioned earlier. Class of Attacks A somewhat naive approach is to rely on the observation of the impossibility of a concrete attack. Unfortunately, provable security is a subtle topic. Such approach would just be true for that particular concrete attack. In other words, it does not necessarily tell us anything about small variants or maybe different parameter values involved in the attack. A more systematic, and therefore more preferable, approach is to design a formal model of the adversary capabilities. The goal of such a design is to construct a model attack as inclusive as possible. That is, a model which would capture as much concrete attacks as possible. Thereby giving us, in fact, a class of attacks. The construction of such a model is not the end. What we actually want is to show (and prove) an upper bound in the probability of success of the adversary in that class of attacks. Needless to say, that the proof should show that such bound is small (more theoretical people should argue about what "small" means, but let skip this discussion in this post). The way of computing such a bound is in fact what has been developed for the past decades for numerous cryptographic schemes and it involves computation assumptions, primitive models information theory and etc (and it is better drop it here, because it deserves a post on its own right). Needless to say that in this process some degree of generalization and simplification takes place. In the end the result is often called "the model." The model is what ultimately is going to be analyzed not the system. Therefore, the construction of the model and the assurance that it is reasonable, i.e., is based as close as possible on reality, is of prime importance in provable security. As an example, in the case of the public-key encryption schemes, one classic attack model is named CPA, which stands for Chosen-Plaintext Attack. This class of attacks embraces all the attacks that the adversary can obtain, somehow, ciphertexts from any plaintexts of its (finite) choices. By the end of that interaction, the adversary is assumed to output some value under a certain probability. For example, the correct secret-key or a valid ciphertext. The reader should keep in mind that CPA is only one class. Other models can be devised and indeed have been proposed already, i.e., when the adversary has access to encrypted texts (instead of the plaintexts) given its choice of plaintext, as happens in the CCA (Chosen-Ciphertext Attack) a more powerful class of attacks. And there are several others. Adversary Model in Cryptocurrency While the public-key encryption scheme is a cryptographic primitive, a cryptocurrency is a protocol. Furthermore, a ledger based cryptocurrency imposes to the participants that they agree on the ledger state in order to validate transactions. Here, once again, to give a proper treatment in the study the security of the protocol means to explicitly model the adversary power and capabilities. The comparison between protocols and primitives brings us a couple of differences, which should be taken into account. For example, a protocol requires the participants to exchange messages over the network, hence it is necessary to take a closer look on how the adversary behaves in the presence of these messages. The adversary can see the contents of the message? Can it block them for some time or indefinitely? All these particular cases translate into different constrained scenarios which ultimately gives us different capabilities of the protocol. Good examples of these research variants are The Bitcoin Backbone Protocol: Analysis and Applications and Analysis of the Blockchain Protocol in Asynchronous Networks. They respectively study proof-of-work in the synchronous (the messages cannot be blocked) and asynchronous (can be blocked for some time) settings. A more recent work is about the formalization of the proof-of-stake based protocol A Provably Secure Proof-of-Stake Blockchain Protocol in synchronous. For further reading on models and provable security, we refer the reader to a few more papers with a heavy load of cryptography theory. Random Oracles in Constantinople: Pratical Asynchronous Byzantine Agreement Using Cryptography Zero Knowledge in the Random Oracle model, Revisited Proof-of-Stake Protocol - IOHK 21 September 2016 Berndardo David <1 min read This is the regular seminar of the Input Output and Tokyo Tech/Tanaka Laboratory members. The topic this time is the Proof-of-Stake Protocol designed by Aggelos Kiayias, Ioannis Konstantinou, Alexander Russel, Bernardo David and Roman Oliynykov. Bernardo, the presenter, divided the talk in two parts: the first reviews main topics in Cryptography which would help the viewer to understand the presentation and the protocol itself. Whereas the second is about the protocol itself. First Part - Cryptography background Coin Tossing/Guaranteed Output Delivery Verifiable Secret Sharing Second Part - Proof-of-Stake Protocol Comparison Proof-of-Work (PoW) and Proof-of-Stake (PoS) Follow the Satoshi technique The paper is A Provably Secure Proof-of-Stake Blockchain Protocol Transaction malleability in cryptocurrencies 14 September 2016 Dmitry Meshkov 5 mins read Transaction malleability in cryptocurrencies - Input Output HongKong In this article I'm going to provide a brief review of protection methods against replay attacks, arising from signature malleability of elliptic curve cryptography. Most cryptocurrencies are based on public-key cryptography. Each owner transfers coins to the next one digitally signing the transaction Tx containing the public key of the next owner. Thus everyone can verify that the sender wants to send her coins to the recipient, but a problem arises - how to prevent the inclusion of transactin Tx in the blockchain twice? Without such a protection an unscrupulous recipient may repeat Tx as long as the sender has enough coins at his balance, making it impossible to reuse the same address for more then 1 transaction. In particular the adversary can withdraw some coins from an exchange and repeat this transaction until there are no coins left on exchange (such attacks have already been executed in practice, e.g. for MtGox attack). The simplest way to keep all the included transactions and compare the new one to them doesn't work because of the elliplic curve signature malleability - it is possible to change a signature but keep it valid at the same time (see here). Scala code that changes signature like that is very simple: def forgeSignature25519(signature: Array[Byte]): Array[Byte] = { val modificator: BigInt = BigInt("7237005577332262213973186563042994240857116359379907606001950938285454250989") signature.take(32) ++ (BigInt(signature.takeRight(32).reverse) + modificator).toByteArray.reverse Thus, now we have a sequence of transactions Tx1, ..., TxN with the same fields, but different signatures, and there's a challenge to determine whether they are all generated by the sender or some of them are generated by the adversary. In this section I'll provide examples of how this problem is solved in different cryptocurrencies and will try to describe the merits and drawbacks of each approach. Canonical signature (Factom, Ripple, Nxt) As long as there is sequence of valid signature, there may be a rule to select only one of them. The usual way is to select canonical signature, which is lower then group generator ("7237005577332262213973186563042994240857116359379907606001950938285454250989" for curve25519). Unfortunately for some elliplic curves for any given canonical signature an alternative form of that signature can be formed that is also canonical. In such a case it's required to define fully canonical signature, being the minimum of all equivalent signatures. The main drawback of this approach is that fully canonical signature is not specified in the protocol and default elliplic curve implementations don't usually check if a signature iscanonical and don't generate canonical signature, which makes cross-platform implementation much harder. Signature independent id It's also possible to modify transaction uniqueness check, leaving all possible signatures valid as specified in elliptic curve protocol. For example it's possible to use the rule that the transaction data excluding yje signature should be valid. That has a drawback of being unable to create 2 transactions with the same fields, while non-deterministic signatures may indicate that sender really wanted to send 2 transaction with the same fields. To fix this it's possible to include transaction id into transaction explicitly, e.g. some cryptocurrencies sign transaction, use this signature as id and then sign this internaltransaction with signature one more time. Nonce (Ethereum, Waves) Another way is to add an additional field to the transactions, increasing for transactions from the same address. Current nonce for every account should be stored in the blokchain state and with each new transaction Tx nodes verify that Tx.nonce = account.nonce + 1. On top of replay attack protection nonce allows you to broadcast sequence of transactions and be confident that only one of them will be included to blockchain. For example, if you need your transaction to be included in block as soon as possible, you may rebroadcast your transaction with the same nonce, but increased fee and be sure, that only one of your transactions will pass all checks. Nonce provides additional benefits for transactional layer, but not for free - every transaction should contain nonce, so transaction size become bigger. On the other size nonce should be big enough, because it's not clear how to handle a situation when nonce limit has been reached. To mitigiate this it's possible to reuse a transaction field as nonce, for example use timestamp as a nonce. In such an approach it's not possible to require to increase nonce by 1, so rule Tx.timestamp > account.timestamp should be used. This leads to another attack: if someone broadcasted sequence of transactions Tx1, ...,TxN with increasing timestamp, "evil" miner may only include TxN making transactionsTx1, ..., TxN-1 invalid. It's not yet clear to me what the best way is to protect against replay attacks, arising from signature malleability of elliptic curves - each approach has it's benefits and drawbacks. This approaches may be combined with each other, e.g. it's possible to require canonicalsignature together with nonce. Feel free to provide more approaches and examples in comments, it would be cool to choose an optimal solution! Thoughts on 9/11 11 September 2016 Charles Hoskinson 5 mins read Thoughts on 9-11 - Input Output HongKong Fallen Memories Each generation has defining events. I remember the morning of 9/11 as a young teenager seeing the iconic footage of smoking towers with the eventual collapses. Much later in life, I had a chance to parse quite a comprehensive set of data points from that day. Bush's memoir Decision Points contained a fairly indepth blow by blow account that captured the paranoia and helplessness. Many others have published some account of their experiences. Ted Olson- the solicitor general at the time famous for arguing for Bush in Bush v Gore- lost his wife on flight 77. She fatally delayed her travel by a day to wake up next to Ted on his birthday. Seth MacFarlane- the creator of family guy- missed flight 11 by just ten minutes due to a hangover. There doesn't seem to be an end to the stories of how pervasive 9/11 has been on our collective psychology. There also doesn't seem to be an end to the retrospective analysis of the causes and motives. The cryptocurrency and liberty movements in particular are extraordinarily skeptical of official government positions (often justifiably so- just look at operation northwoods). The formative lesson I learned from 9/11 is that the United States Government seems perfectly capable of purposely ignoring reality. Inconvenient Truths There's a wonderful book by the co-chairs of the 9/11 commission Kean and Hamilton entitled without precedent that addresses the frustrations of the commission's members ranging from chronic underfunding, an artificial deadline and Kafkaesque requirements for testimony from top level officials such as Bush and Cheney: They would be allowed to testify jointly They would not be required to take an oath before testifying The testimony would not be recorded electronically or transcribed, and that the only record would be notes taken by one of the commission staffers These notes would not be made public The investigation was so badly hampered there was a desire within the committee to launch a second investigation for obstruction of justice. Obviously, the government seems to have moved on since those days. We've now committed ourselves to a 15 year war on terrorism without a clear end in sight. We've now committed ourselves to an intelligence goliath (best described in Bruce Schneier's recent book data and goliath) that is systematically robbing us of our constitutional rights. Perhaps darkest, we've also committed ourselves to giving the US government the legal right to kill its own citizens without due process (Jake Tapper's scathing questioning of Jay Carney is probably the most elegant). The harsh reality that every American faces is that we were let down by our government and that 9/11 seems to be a symptom of an inconvenient truth to the consequences of empire. A proper investigation would have forced a brutal journey through US foreign policy, the conduct of friend/enemies such as Saudi Arabia (see Bob Grahm's crusade), the dense shadowy web of interconnections amongst politicans and private industry and how the intelligence complex works. Succinctly, it just wasn't going to happen. Lying Truths I can greatly empathize with those seeking more answers and also harboring deep resentment. It's clear there are abundant lies that we have paid for in much blood and treasure. Some of the most frustrated are veterans who committed to fighting in the ensuing wars after 9/11 to seek retribution against the designated enemies only to find a more nuanced situation alongside TBIs, lost limbs and a general apathy upon returning home. We didn't even get to see the body (much less an indepedently verified DNA sample) of the architect of the entire attack after spending trillions of dollars finding and killing him. I guess that's too offensive except for the times it's not. To wear my Viktor Frankl hat, I suppose we can honor the losses and derive meaning from that dark day carrying its terrible 15 year fallout on the world by making a commitment to changing our government. We need to decouple money and politics. We need better channels to communicate ideas because the media is failing us. We need to decentralize the US government with much more power returning to the states. We need to change the way we hold elections and bundle our voting system to something like a blockchain for fidelity. We need to change how the United States commits its military to adventures abroad. Finally, we need to end the two party system. The American Way These are enormously challenging tasks and some would say beyond our abilities in the current political system. Yet, the global reinvention of money and ending the Soviet Empire were just as difficult if not more so. What gives me hope is that the American people are pretty special. We seem to have a knack for doing the impossible and then acting as if there was a certainty of success. For example, our space program was trapped in a hyper-bureaucratic loop of half started missions and low hanging fruit. Now we have SpaceX, Blue Origin and others effectively building a roadmap to Mars and beyond. Tesla has proven battery powered cars are an inevitability. Some of our scientists have even built a star from lasers. It just takes a bit of courage and also a willingness to experience failure in the process. It also takes an utter rejection of cynicism. Another reality- to paraphrase the late Steve Jobs- all the rules around us are made by people no smarter than you. To treat them as immutable gods is to discount one's own abilities. Veritatem Cognoscere On this anniversary of 9/11, I'd like to thank those who fought and those who continue to fight for freedom and truth. And, I'd also like to believe we will evolve as a world beyond the root causes of these events. We just have to be honest, disciplined and resilient. Ethereum Classic: An Update 9 September 2016 Charles Hoskinson 8 mins read Ethereum Classic An Update - Input Output HongKong I wanted to draft a brief update on IOHK's efforts on Ethereum Classic (ETC). We've had the opportunity to schedule more than three dozen meetings with developers, community managers and academic institutions. We've also managed to have several long discussions with several of the community groups supporting ETC to get a better sense of commitments, goals and philosophy. Overall, it's been a really fun experience getting to know a completely decentralized philosophical movement. It's also been illuminating to parse the challenges ahead for the fragile movement as it charts its own path forward. I'll break the report down into what we learned and what we are going to do. Carlo Vicari and I have been trying to map out the total ETC community and also get some metadata about who they are (vocation, age, geography, interests...) so we can better understand the core constituencies. We will publish some preliminary stats sometime next week, but as a rough summary there are currently several meetup groups, a telegram group, a reddit, several Chinese specific hubs, a slack with over 1,000 members and a few other lingering groups. Daily activity is growing and there is interest in more formal structure. With respect to developers, there are about a dozen people with development skills and knowledge of the EVM and solidity in the developer channel. They have been holding pretty deep discussions about potential directions and roadmaps. The biggest topics are currently pivoting consensus to PoW without the difficult bomb, new monetary policy and also safer smart contracts. There is also interest in forming a pool of capital to pay for development efforts ranging from core infrastructure to DApps on top of the system. I haven't taken a position on this effort because we still need to address some governance and legal questions. Regardless of whether this pool materializes, IOHK's commitment of three full time developers will be funded solely by IOHK. It seems that the price and trading volume of ETC has held relatively stable despite the virtual sword of damocles that is the DAO hacker and RHG funds. It seems that there is enough community interest in ETC to keep liquidity. I do think there will be tremendous volatility ahead and it's going to be impossible to predict when black swans are going to land in our laps, but I suppose that's what makes it fun? IOHK's Commitment After the initial conversations and analysis, we have determined the following serious deficits with ETC: There isn't an official or reliable channel of information about the events of the ecosystem or commitments of various actors. This reality has lead to FUD, impersonations and attempts at market manipulation in the absence of clarity. The roadmap of ETC needs to include at a minimum an emphasis on safety, sustainability and stability. There is a strong desire amongst the ETC community members we had discussions with to focus on reliable, high assurance applications that run on a network with proven fundamentals. Effectively, this needs to be the antithesis of move fast and break things. There is a desire amongst several well capitalized actors to donate capital to a pool to fund the growth of ETC. This desire has been complicated by the lack of a clear governance structure that will avoid fraud or misuse of funds. Furthermore an open pool would allow funds to potentially become tainted by RHG or Dao hacker donating funds to it. While code is law covers the protocol level use of funds, it does not shield actors from the legal realities of their actions. It is unclear how these funds should be treated or if accepting them would constitute a crime. The media is uncertain how to report on ETC outside of a referential curiosity to ethereum itself . There needs to be a re-branding and media strategy to ensure new users enter the ecosystem with a clear understanding of what ETC is about and how it differs from ETH. Concepts like the replay attack and also new potential technology that could be adopted are not fully understood by ETC community members or general developers. There needs to be actors dedicated to education and explanation. The Ethereum Foundation owns the Ethereum trademark. Further use of this branding could provoke a trademark infringement lawsuit to companies using the Ethereum brand and name. This complicates the formation of a centralized governance entity or steering committee if it chooses to use ethereum classic as its name. It also complicates business commitments to building on the ETC chain. There are likely more problems, but these seem to be the most pressing for the time being. They are also compounded by the decentralized nature of the movement, which seems to be a boon for resilience, but a curse for agility. Given this fact, IOHK obviously cannot move unilaterally to address all of these problems; however, we can chart a course and invite the community to follow where they deem reasonable. Thus IOHK is in the process of doing the following: We have interviewed several community manager candidates and will make our final selection sometime next week. He or she will be responsible for assisting meetup group founders, managing social media channels, broadcasting accurate information, combating FUD, collecting feedback from the ETC community and dealing with media entities. My hope is this position will be defined by its interactions with the ETC community and give us a starting point for timely and credible information at the very least. IOHK is going to subsidize an educator to produce content on ETC ranging from the replay attack to new proposals suggested in various roadmaps. We have one candidate in mind and are finalizing the contract and duration of the relationship. All content will be released under a creative commons license and our hope is to again let this role be community driven. IOHK has had numerous discussions with academic partners about the consensus algorithm of ETC and also the smart contract model. We would like to see if the EVM can be improved to be more secure and that Typescript and Purescript could be used as ETC's smart contract languages representing both a functional and imperative approach to development that maps nicely onto the skillsets of existing developers. We are seeing what types of partnerships are possible in the next few months and will provide an update. We've also spent quite a bit of time looking at Smart contract languages on the horizon. There are some excellent ideas coming from Synereo and Juno's Hopper. IOHK has entered into a partnership with Kent University to begin an analysis of Transaction Languages used in cryptocurrencies. We will have a survey report available sometime in Q4 of 2016. This report will form the basis of our organization's understanding of the interplay of smart contracts in cryptocurrencies. Once available we will release it to the general public as a whitepaper. We have decided that Scorex 2 will make a good base to build our ETC Main Client (Read Alex's First Blog on It). The core is going through a massive refactoring that will be finished sometime this month. From this point, we will retain a scala specific team (our three developer commitment) to fork Scorex 2 and build a full ETC Node including a wallet with GUI. The architecture of Scorex should allow for much faster iterative improvements and also a great opportunity to test our new blockchain specific database IODB . With respect to the developer hires in particular, we have taken quite a few resumes already, but also want to make the process open to the general public. Our new community manager will post the job ad on the ETC reddit once he's been hired. I expect the first developer to be announced sometime in September. Quality scala developers with the requisite skills to make meaningful contributions to Ethereum are rare and require careful vetting. With respect to a technological steering committee to guide the roadmap process, we are proposing the formation of a federated group tentatively called the smart contract engineering taskforce (after the IETF). Ideally we could develop an RFC process to propose improvement proposals from the community without the need for a formal, centralized entity. We'd love to see this form as a DAO. There could be two tracks covering changes requiring forks and changes that are iterative in nature. We will start the discussion about this group sometime in early October. IOHK cannot resolve the trademark issue, but will make a commitment to not use the Ethereum brand or name in its repos or company assets. This said, we would like to see some form of bilateral resolution to this situation. It seems pyrrhic to seek trademark enforcement on a decentralized movement. We also understand the confusion this issue is causing the general public and developers. Overall, it's been a great two months and I look forward to the next few to see ETC continue to grow and become a strong, stable cryptocurrency. I'd like to thank the awesome community and all their help. I'd also like to thank the people who had enough patience to talk with Carlo and me despite the long meetings. ====== Edit: Special Shout out to the Ethereum Classic Russian Community: https://ethclassic.ru/
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Home / Blog / A complete rebuild of Jekyll Codex A complete rebuild of Jekyll Codex I wrote in July that Jekyll Codex displays in Google has risen from almost zero to an average of 200 a day. I am happy to announce that that amount has doubled in the last four months! The average amount of clicks has also risen from 20 to a little under 30 a day. This makes for an average of around 900 visits per month. Great news! I hope that this rebuild will improve my Google ranking even further. A big day for Jekyll Codex Today I have launched a complete rebuild of the Jekyll Codex website, which I announced a while ago. You may not see it, but I have rewritten all CSS and scripts, so they will no longer use jQuery nor Twitter Bootstrap. This means the website has gone on quite a diet, because jQuery and Twitter Bootstrap accounted for a hefty 250kb (compressed) per page load. Page loads have gone down from 400kb to less than 150kb. This influenced the Speed Index, which is now 1.0s instead of 1.8s. Quite some progress, which improves accessibility and SEO. You may think that NOT using jQuery and Twitter Bootstrap will make your (or my) life harder. You may also think that 250kb on your first page load is ‘not a big deal’. But plain Javascript has come a long way and writing plain Javascript is alsmost as easy as writing jQuery. Also, not having to fight 136kb of CSS from Twitter Bootstrap is absolutely worth having to re-style your inputs. But the most important reason is that this approach is essential when you want to build websites that load instantly. And, as Google promotes fast loading websites in its search engine, we are talking about improved SEO too. So this change is not about short term results, but about better websites performance in the long run. It is a strategy to get a 100% Google Lighthouse score. So what has changed? Responsiveness is now fully handled in plain CSS. My philosophy is that CSS and JS have evolved to a point where frameworks do more harm than good. Making a website responsive is very easy when you use flexbox and/or CSS columns. Therefore I changed the ‘Mobile menu’ script into a ‘Toggle menu’ script that is no longer dependent on Twitter Bootstrap and jQuery. I also rewritten all sizes and break-points (media queries) from ‘px’ to ‘rem’. This makes the website truly scalable with a single setting: the font-size in ‘px’ on the HTML element. The most popular item that has changed is the lightbox. I did not re-add the ‘swipe’ feature, as it was causing some bugs. I might add this feature later, but for now this functionality is gone. I did not re-add the captions, as I found myself removing them on every website I was using the lightbox and I was having enough on my plate already. I might add this functionality later. Another thing I rebuilt is the slider, or carousel. I replaced the Twitter Bootstrap variant with a pure CSS carousel. When I have time left I will re-add things like HTML texts in the slides and the option to choose for a fade transition. The biggest change of all is the webshop. It depended on a Ajax call to Formspree. Formspree, however, removed these Ajax calls from their free tier. Although the Ajax call was still working, I replaced it by a simple redirect. This allows you to choose any form handler you want and makes the webshop a lot easier to set up. Additionally I simplified the product template and data structure and cour cart is now stored in a JSON object in local storage instead of in a string in a cookie. Not yet completely finished Although 99% of the work is ready, some things are still depending on jQuery. They will be replaced soon. These are the following items: Add to homescreen Better forms You liked the old code better? If you do not like all this new fancy stuff you can still visit the jQuery and Twitter Bootstrap version of this website at a CloudCannon development domain. This is useful if your website is using jQuery anyway or if your website is based on the old code. I will not work on/update the old version anymore. If you want to move foward, the new way is the way to go ;-). Joost van der Schee
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Category Archives: Crimson Fox REVIEW: JUSTICE LEAGUE UNLIMITED – SEASON 2 Posted on May 4, 2019 by proxyblue57 Standard Reply Kevin Conroy (Justice League Doom) George Newbern (Law & Order: SVU) Susan Eisenberg (Lego aquaman) Phil LaMarr (Futurama) Michael Rosenbaum (Smallville) Carl Lumbly (Alias) Maria Canals (Batman: The Dark Knight Returns) Powers Booth (Sin City) Corey Burton (Critters) Seymour Cassel (Dick Tracy) Takayo Fischer (Moneyball) Clancy Brown (Highlander) James Remar (Black Lightning) Gina Torres (Firefly) John DiMaggio (Futurama) Giselle Loren (Happy Feet) Malcolm McDowell (Halloween) Kim Mai Guest (G.I. Joe: Reneages) Nicholle Tom (Gotham) Kin Shriner (Manhunter) Michael Beach (Aquaman) Mark Hamill (Star Wars) Alexis Denisof (Avengers Assemble) Raphael Sbarge (Once Upon a Time) Juliet Landau (Aquaman) David Ogden Stiers (Two Guys and a Girl) Sab Shimono (Teenage Mutant Ninja Turtles III) Nathan Fillion (Firefly) J.K. Simmons (Spider-Man) CCH Pounder (Avatar) Tara Strong (Batman: The Killing Joke) Oded Fehr (V) Ted Levine (The Silence of The Lambs) Lauren Tom (Bad Santa) Morena Baccarin (Gotham) Amy Acker (The Gifted) Virgina Madsen (Highlander II) Jeffrey Combs (Re-Animator) Joanne Whalley (Willow) Hector Elizondo (The Princess Diaries) Robin Atkin Downes (Babylon 5) Michael Ironside (Scanners) Bud Cort (MASH) Daniel Dae Kim (Lost) Since I was just a young lad, Paul Dini and Bruce Timm have been showing me exactly what a superhero should be. They were some of the people behind the sublime Batman: The Animated Series, which is the definitive version of Batman in my eyes. They helped bring a certain Kryptonian to television screens in the late ’90s, taking an extra step into forming a coherent version of the DC universe to life. Hell, they even went so far as to help create a true successor to the Dark Knight. After doing all this, they managed to bring a clean, faithful and truly amazing assortment of champions of the DC Universe to life, showing us all exactly what a superhero should be. JLU – Season Two remains faithful to its source material, which isn’t something you’ll find too often when translating a comic to a TV show or movie; whether it’s Green Arrow humming his own theme music while he’s fighting villains to Batman always being the baddest man in the room, the show conveys everything perfectly. A huge strength of the show lies within its voice talent, which is an assortment of voice-over veterans that have had some time to perfect their takes on characters: Kevin Conroy expertly delivers every line as Batman; Michael Rosenbaum has a wonderful, playful performance as Flash; and Clancy Brown is nothing short of brilliant as the ever-scheming, truly egotistic Lex Luthor. Though some of these actors have had over a decade to perfect their take on their respective characters, the guest stars who have little to no VO experience, much less know their characters, manage to be spot-on with their takes, making their characters memorable and charismatic. Not only that, some of the guest stars who appear are more than enough to cause a nerdgasm to any self-respecting comic geek. Names like Nathan Fillion, Gina Torres, Amy Acker, Morena Baccarin, Juliet Landau, Michael Ironside, James Remar, and Daniel Dae Kim all bring their characters to life in the best way possible, creating a lasting impact on the series. As the series progressed from the seven core heroes, requiring the talent of so many guest stars, some viewers may be inclined to think, “Wow, DC has a lot of lame heroes in its roster.” Almost at the exact point in the series that the thought occurred to me, the show comes out swinging with the episode “Patriot Act,” hitting the nail on the head. This episode has an Incredible Hulk type character wanting to face off against the JLU varsity squad (Superman, Batman, Wonder Woman, etc&#Array;), but what he gets is a slew of D and E-list heroes, like Stargirl, S.T.R.I.P.E., Shining Knight, Vigilante, Green Arrow and Speedy. Though you may be thinking “who?” at this roster of leaguers, and though they get thoroughly trounced, the episode manages to make the point of despite who they’re fighting, these champions won’t ever quit, and it’s a theme that’s brought up more than once during the series without beating you over the head with it nor becoming cheesy, and that’s fine by me. The writing of the series is easily its greatest strength as it has fun with its storylines and it’s very obvious that everyone involved knows their craft. They don’t bother setting up any more characters – they already had four seasons to do so. Rather than exploring the universe further, they jump into tales that can be enjoyed by newcomers and longtime fans alike. The main story-arc of the season is a huge nod to an older crowd as it deals with the Legion of Doom – well, maybe not in name, but without a doubt in spirit: A gaggle of villains led by Lex Luthor who use a giant Darth Vader helmet as a base of operations. If that isn’t the Legion of Doom, I don’t know what is. The storyline revolves around Luthor’s quest to reunite with Braniac and become a god. Unfortunately, he unleashes one of the most dangerous and powerful foes in the DC universe and the events that follow make for one satisfying bookend to one of the most prolific takes on a comic universe. George Eads (CSI) Eric Robert (The Finder) Dana Delany (Tombstone) Mike Farrell (Patch Adams) Shelley Fabares (Coach) Josh Hutcherson (The Hunger Games) Christopher McDonald (Happy Gilmore) Dakota Fanning (War of The Worlds) Olivia d’Abo (Conan The Destroyer) Dee Bradley Baker (American Dad) Sheryl Lee Ralph (Fam) Fred Savage (The Princess Diaries) Jason Hervey (Back To The Future) Edward Asner (Elf) Michael York (Logan’s Run) Patrick Bauchau (Panic Room) Rachel York (One Fine Day) Jack Carter (McCloud) Jeffrey Combs (Re-Annimator) Robert Foxworth (Transformers) Charles Napier (The Silence of The Lambs) Sam McMurray (Raising Arizona) Cree Summer (Voltron) Tom Everett Scott (Because I Said So) Billy West (Futurama) Lori Loughlin (Full House) Jeremy Piven (Old School) Robert Picardo (Star Trek: Voyager) Will Friedle (Batman Beyond) John C. McGinley (Scrubs) Scott Rummell (Six) Tim Matheson (The West Wing) Grey Griffin (The Book of Life) J.K. Simmons (Whiplash) Peter MacNicol (Veep) Adam Baldwin (Chuck) Nestor Carbonell (Bates Motel) Mindy Sterling (Austin Powers) Melissa Joan Hart (Sabrina: TTW) Dennis Farina (Get Shorty) Virginia Madsen (Better Watch Out) Ioan Gruffudd (Ringer) Farrah Forke (Lois & Clark) Michael Dorn (Star Trek: TNG) Dick Miller (Gremlins) Michael Jai White (Arrow) Armin Shimerman (Buffy: TVS) Juliet Landau (Ed Wood) Alan Rachins (Showgirls) Robert Englund (2001 Maniacs) Wayne Knight (3rd Rock From The Sun) Jason Bateman (Office Christmas Party) Susan Sullivan (Castle) Michael T. Weiss (The Pretender) Amy Acker (Angel) Glenn Shadix (Beetlejuice) Steve Schirripa (Must Love Dogs) Jerry O’Connell (Sliders) Lisa Edelstein (House) Nathan Fillion (Serenity) Elizabeth Peña (The Incredibles) Robert Forster (Jackie Brown) Hynden Walch (The Batman) Fantasy now runs your life? Comic books become your vice? And your best friends still have their virginities? Then look no farther, friends, because this collection of episodes is so good you don’t need friends, significant others, or a single reason to emerge from your Geekdrome. But you know what the best part is? It’s not just for geeks – Justice League Unlimited stands tall as the best collection of American action/adventure animation you’re likely to find. While there is, of course, a certain geek charge some may get out of seeing characters like Powergirl and Green Arrow in action (not to mention an episode featuring Nathan Fillion voicing Vigilante and Gina Torres voicing Vixen – come on, how cool is that?), these episodes will entertain because of good characters, good humor, and good storytelling, even if you don’t know your Booster Golds from your Blue Beetles. While the first two seasons of Justice League nicely expanded upon the world first established in the early ’90s with Batman: The Animated Series, it wasn’t until this, the show’s third season (or first, depending on how you look at it) that the format and structure was perfected for the genre. It was an interesting experiment having the previous seasons’ episodes run for one-hour, but with JLU the format is scaled back to stand-alone half-hour stories and, ironically, it fits like a bat-glove. It’s strange, but these shorter episodes actually manage to pack in more than the double-length ones. A lot more. And what a roster of characters to fill a show with! You’ll see everyone from The Atom to Elongated Man. Because this is a full-blown, all-star take on these characters, each character can shine their brightest. When you get Superman, you get the best of Superman. Wonder Woman? The best of Wonder Woman. B’wana Beast? Uh… well, I guess this is the best he’s ever been. The surplus of great characters is fun, but what really sells the show are the stories. Or, more specifically, story. No doubt borrowing a page from the work of Joss Whedon – showrunner Bruce Timm admits in a commentary that Whedon was a big influence – these episodes highlight a large and complex season-spanning plot that actually has meaning in today’s world. This is certainly the most mature and thoughtful storytelling you’re likely to get from a cartoon of this type. What elevates the show from great to brilliant is its ability to tell stories that are exciting and also manage to propel the larger narrative forward. For example, Dark Heart – penned by famous comic book scribe Warren Ellis – manages to mix a great science fiction plot (a self-replicating AI) with humor (Wonder Woman, needing both hands to fight, rests The Atom in a very interesting holding place) and its plot still manages to play a part later on down the road in the season’s climax. The writing is the best the show has ever seen, no doubt a result of staff writer Dwayne McDuffie coming into his own; his versatility with the characters is fantastic. Comic book writers Warren Ellis and J.M. DeMatteis join in on the fun, and new series director Joaquim Dos Santos infuses the episodes with a dynamic energy that allows the show to compete with the best of today’s cutting-edge, anime-inspired programming. It’s like the entire DC animated universe has been supercharged in the best way possible. This collection contains two seasons, and both season finales are just fantastic. The Once and Future Thing is an exciting time romp (with a great Western segment) and Divided We Fall is a showstopper of epic proportions. Either finale would make for a better DVD movie than any of what has been released thus far. Then there’s Epilogue – just brilliant. It manages to tie in the entire DC animated universe – including films Mask of the Phantasm and Return of the Joker! – and still say something meaningful about a very important character. The episode isn’t just great animation, it’s great television. There really is nothing bad to say about these episodes. The new rock-inspired opening credits do ring a bit too much of cheesy ’80s electronica, but you get used to it, and, after a while, it fits. Of course, the fact remains that if you aren’t into cartoons in the first place you probably won’t be willing to hop on the bandwagon no matter how cool a series is. But if you consider animation to be a legitimate and respectable medium, then this is the pinnacle of the form. While there are bigger and more influential cartoon shows out there – namely, comedies like The Simpsons – Justice League Unlimited is still one of the best American animated programs you’ll find. With this show the genre has been perfected – it’s fun, exciting, and thoughtful. In other words, this is exactly what superheroes should be.
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Home » News » EFCC hates me – Ayodele Fayose EFCC hates me – Ayodele Fayose The Governor of Ekiti State, Mr. Ayodele Fayose, has said Economic and Financial Crimes Commission of having hates him and insisted that he would not appear before its officials for questioning before October 16. The outgoing governor whose tenure is set to expire on October 15 had earlier written to the commission that he would be available to answer questions from the operatives of the commission on the said date. However, the commission in its reply told the governor to make himself available on Thursday, September 20, 2018. But Fayose, in his reply on Tuesday, cited the danger of violating Section 308 of the 1999 Constitution (as amended) which vested immunity on him as a sitting governor. Fayose said he was moved to write the commission after reading in the media of its directive to the Nigeria Customs Service and immigration to arrest him on fears that he could run away from the country before the expiration of his tenure. In the letter addressed to acting Chairman of the EFCC, Mr. Ibrahim Magu, a copy of which was made available to journalists in Abuja on Tuesday, Fayose chided the commission for what he called the “unprovoked personal hatred and malice against my person”. The letter read in part, “I acknowledge the receipt of your letter dated 13th September 2018 requesting me to appear on the 20th September. “As a responsible citizen of the Federal Republic of Nigeria who currently enjoys immunity under Section 308 of the Constitution, it would amount to a breach of the Constitution which I swore to uphold if I appeared in your office on any date earlier than 16th October 2018. “If done otherwise, it will set a wrong precedent for the constitutional institution that I represent. “While drafting my response to yours of 14th September 2018, my attention was drawn to your widely publicised letter of 12th September 2018 to the Comptroller General, Nigeria Customs Service, and similar agencies, directing them to watch and arrest me on an imagination that I might leave Nigeria to escape investigation. “This development, to say the least, is disappointing and betrays your commission’s unprovoked personal hatred and malice against my person.” The governor said in consideration of events in the past few months, the EFCC had “Presumed my guilt even prior to the commencement of an investigation.” “This raises a serious question about the impartiality, independence or neutrality of the commission in the matter,” adding that he felt “harassed, intimidated and embarrassed by the imputation of crime and the innuendos of criminality underlining your correspondence which has been maliciously circulated widely.” EFCC Moves Fayose To Lagos As Trial Begins At… Fayose's botched breach of EKHA summon Fayose involved in road accident, rushed to hospital… Fayose’s Failed Showmanship at Ekiti State House of Assembly Stop fraudulent use of Ekiti funds – Fayemi warns Fayose See Photos Of Luxurious Ekiti State Governor's… ← Previous Story Single mom angry after daughter’s lecturer said all single moms are prostitutes Next Story → Tragedy As LAUTECH Final Year Student Dies A Day To Project Defense Wasted years comment: You’re partisan, Fayose tells… Hold Fayemi responsible for your salary arrears –… Alleged misappropriation: Fayose visits Ekiti… BREAKING: NULGE Declares Indefinite Strike in Ekiti,…
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Court upholds creation of national monument in Atlantic PORTLAND, Maine (AP) — A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose. Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine... Snowboarder caught in Utah avalanche dies A 45-year-old snowboarder was killed Sunday after he was caught in an avalanche that he unintentionally triggered and was buried, according to the Utah Avalanche Center. The male snowboarder left Canyons Village in Park City via a back-country exit gate at the top of the 9990 lift to access Dutch... LeBron's worlds collide as son's team, alma mater ,eet COLUMBUS, Ohio (AP) — They crowded into Nationwide Arena, 13,000 strong, cheering every shot, roaring with every basket. Many were not there to see the game. They came to see LeBron. Both of them. Bronny James made his Ohio debut Saturday, and hit the go-ahead shot in the Sierra Canyon Trailblazers... A Kashmiri woman covers her child with a shawl as they wait for transport in the snow in Srinagar, Indian controlled Kashmir, Thursday, Nov. 7, 2019. The region received its first snow on Wednesday, bringing temperatures down drastically and affecting air and vehicular traffic. (AP Photo/Mukhtar Khan) Heavy snowfall kills 3 people in Himalayan Kashmir SRINAGAR, India (AP) — Officials say at least three people have died as heavy snowfall batters the Himalayan region of Kashmir, leaving the region paralyzed. Deep snow blocked some roads and damaged power lines. Civil administrator Baser Khan said Thursday that two porters working with the Indian... FILE - In this Aug. 10, 2005 file photo, tourist Chris Farthing from Suffolks County, England, takes a picture of Anasazi ruins in Chaco Culture National Historical Park in New Mexico. The checkerboard of federal land surrounding Chaco Culture National Historical Park would be off limits to oil and gas development under legislation pending before Congress. The U.S. House is set to vote on the measure Wednesday, Oct. 30, 2019. (AP Photo/Jeff Geissler, File) US House OKs protections near historical park in New Mexico ALBUQUERQUE, N.M. (AP) — Walls of stacked stone jut up from the canyon floor, some perfectly aligned with the seasonal movements of the sun and moon. Circular ceremonial subterranean rooms called kivas cut into the desert, surrounded by the remnants of what historians say was once a hub of... US nuclear, uranium mining industries hope for Trump bailout WASHINGTON (AP) — A plea from uranium mining companies and nuclear power plant operators for tax breaks and other federal financial boosts is going before President Donald Trump, as his administration studies reviving the U.S. uranium industry in the name of national security. Trump is scheduled to... FILE - This July 9, 2017 file photo, shows a view of Grand Staircase-Escalante National Monument in Utah. The U.S. government's final management plan for lands in and around the Utah national monument that President Donald Trump downsized is light on new protections for the cliffs, canyons, waterfalls and arches found there, but it does include a few more safeguards than were in a proposal last year. A summary the Bureau of Land Management provided to The Associated Press shows that the plan for the Grand Staircase-Escalante National Monument in southwestern Utah codifies that the lands cut out of the monument will be open to mineral extraction such as oil, gas and coal as expected. (Spenser Heaps/The Deseret News via AP, File) APNewsBreak: US government issues final Utah monument plan SALT LAKE CITY (AP) — The U.S. government's final management plan for lands in and around a Utah national monument that President Donald Trump downsized doesn't include many new protections for the cliffs, canyons, waterfalls and arches found there, but it does have a few more safeguards than were... 2 people killed in rafting accident in Austria BERLIN (AP) — Two people died in a rafting accident Monday on a river near the Austrian city of Salzburg, emergency services said. Officials were trying to determine whether anyone else was on board the raft that capsized. A witness reported seeing the capsized raft and two people drifting in the... Report: No radiation exposure at Grand Canyon National Park GRAND CANYON NATIONAL PARK, Ariz. (AP) — Authorities say final findings show there's no radiation exposure from uranium ore samples that poses a health risk for employees and visitors at Grand Canyon National Park. Park officials announced in February that they were investigating whether anyone was... Chevron ordered to halt oil spill into California canyon SAN FRANCISCO (AP) — California regulators say Chevron has not done enough to stop a massive oil spill that dumped about 800,000 gallons of crude oil and water into a Kern County canyon, and they want the company to take further action to halt the flow. The seep out of the ground where Chevron...
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Computational analysis of the oscillatory behavior at the translation level induced by mRNA levels oscillations due to finite intracellular resources Yoram Zarai , Contributed equally to this work with: Yoram Zarai, Tamir Tuller Roles Writing – original draft, Writing – review & editing Affiliation Department of Biomedical Engineering, Tel-Aviv University, Tel-Aviv, Israel Tamir Tuller * E-mail: tamirtul@post.tau.ac.il Current address: Department of Biomedical Engineering, Tel-Aviv University, Tel-Aviv, Israel Affiliation Department of Biomedical Engineering and the Sagol School of Neuroscience, Tel-Aviv University, Tel-Aviv, Israel Yoram Zarai, Version 2 Version 1 Uncorrected Proof https://doi.org/10.1371/journal.pcbi.1006055 Yoram Zarai Tamir Tuller 2 Jul 2019: Zarai Y, Tuller T (2019) Correction: Computational analysis of the oscillatory behavior at the translation level induced by mRNA levels oscillations due to finite intracellular resources. PLOS Computational Biology 15(7): e1007192. https://doi.org/10.1371/journal.pcbi.1007192 View correction Recent studies have demonstrated how the competition for the finite pool of available gene expression factors has important effect on fundamental gene expression aspects. In this study, based on a whole-cell model simulation of translation in S. cerevisiae, we evaluate for the first time the expected effect of mRNA levels fluctuations on translation due to the finite pool of ribosomes. We show that fluctuations of a single gene or a group of genes mRNA levels induce periodic behavior in all S. cerevisiae translation factors and aspects: the ribosomal densities and the translation rates of all S. cerevisiae mRNAs oscillate. We numerically measure the oscillation amplitudes demonstrating that fluctuations of endogenous and heterologous genes can cause a significant fluctuation of up to 50% in the steady-state translation rates of the rest of the genes. Furthermore, we demonstrate by synonymous mutations that oscillating the levels of mRNAs that experience high ribosomal occupancy (e.g. ribosomal “traffic jam”) induces the largest impact on the translation of the S. cerevisiae genome. The results reported here should provide novel insights and principles related to the design of synthetic gene expression circuits and related to the evolutionary constraints shaping gene expression of endogenous genes. Each cell contains a limited number of macromolecules and factors that participate in the gene expression process. These expression resources are shared between the different molecules that encode the genetic code, resulting in non-trivial couplings and competitions between the different gene expression stages. Such competitions should be considered when analyzing the cellular economy of the cell, the genome evolution, and the design of synthetic expression circuits. Here we study the effect of couplings and competitions for ribosomes by performing a whole-cell simulation of translation of S. cerevisiae, with parameters estimated from experimental data. We demonstrate that by periodically changing the mRNA levels of a single gene (endogenous or heterologous) or a set of genes, the translation of all S. cerevisiae genes are affected in a periodic manner. We numerically estimate the exact impact of the mRNA levels periodicity on the translation process dynamics, as well as on the dynamics of the free ribosomal pool and the way it is affected by parameters such as the codon composition of the oscillating gene, its initiation rate and mRNA levels. Furthermore, we show that the codon compositions of synthetically highly expressed heterologous genes that are expected to oscillate must be carefully considered. For example, synonymous mutations resulting in “traffic jams” of ribosomes along the fluctuated mRNAs may cause significant fluctuations of up to 50% in the steady-state translation rates of all genes. Citation: Zarai Y, Tuller T (2018) Computational analysis of the oscillatory behavior at the translation level induced by mRNA levels oscillations due to finite intracellular resources. PLoS Comput Biol 14(4): e1006055. https://doi.org/10.1371/journal.pcbi.1006055 Editor: Alexandre V. Morozov, Rutgers University, UNITED STATES Received: July 11, 2017; Accepted: February 15, 2018; Published: April 3, 2018 Copyright: © 2018 Zarai, Tuller. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. Data Availability: All relevant data are within the paper and its Supporting Information files. Funding: YZ gratefully acknowledges the support of the Edmond J. Safra Center for Bioinformatics at Tel Aviv University. This work was partially supported by a grant from the Ela Kodesz institute for medical physics and engineering and from BSF. The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript. During the gene expression process various macromolecules (e.g. ribosomes, RNA polymerase (RNAP), transcription factors, elongation factors, spliceosome, transfer RNA (tRNA) molecules, etc.) process the genetic material (DNA, mRNA, pre-mRNA) in order to generate proteins [1]. The number of gene expression macromolecules and factors in the cell is finite; for example, there are about 200,000 ribosomes and 30,000 RNAP-II molecules in the S. cerevisiae cell [2, 3]. Thus, this limited resource budget induces competition between the different molecules/regions encoding the genetic material, resulting in non-trivial correlations and couplings between the different gene expression stages, and between the processed genetic material molecules. Some previous studies have suggested that such competition should be considered when designing synthetic gene expression circuits [4–9], and that they significantly affect the evolution of genomes [10]. For example, [9] considered a stochastic model to analyze the competition of two types of mRNAs (two genes) for the limited ribosomal resource, where the total number of mRNAs and ribosomes fluctuate randomly. It was shown that the strength of the couplings (or cross-talk) between the translation of the two protein types strongly depends on whether the ribosomes are underloaded (i.e., there are more ribosomes than mRNAs) or overloaded (i.e., there are more mRNAs than ribosomes). Specifically, it was also suggested that the competition for the limited main resources in transcription (RNAP [11]) and translation (ribosomes [12]) is a primary factor in the cellular economy of the cell. The competition for the available resources, which leads to an indirect coupling between expressions of different genes, might be one of the reasons why levels of genes, mRNAs, and proteins in the cell do not necessarily correlate [4, 10, 12–16]. The expression levels of large sets of genes and relevant gene expression factors are fluctuating or oscillating in different physiological conditions (e.g. cell cycle [17–21]). In addition, there are many cases of oscillating genes that are significant (up to hundreds of genes oscillating with a ratio of up to about three folds between highest to lowest mRNA levels) in all domains of life [22–34]. Furtheremore, various synthetic circuits and cell free systems include oscillators [35–42]. The couplings, due to competition, may link the oscillations related to one gene expression stage (e.g. transcription) to oscillations in a different gene expression stage (e.g. translation). In this study, we suggest for the first time that finite intracellular resources induce non-trivial and significant coupling between different gene expression stages (transcription and translation) in endogenous and heterologous genes. For example, increased mRNA levels in one gene affects the translation levels of all other genes. To this end, we perform a whole-cell simulation of translation [43, 44], which captures fundamental properties of translation, with parameters estimated from experimental data that enables us to comprehensively quantify these effects for the first time. This type of information is currently not available experimentally, and we believe that our results are expected to reflect well the reality. We specifically demonstrate by Monte Carlo simulations that by periodically changing the mRNA levels of a single gene or a set of genes, i.e. by periodically modifying the transcription process, the translation of all S. cerevisiae genes are affected in a periodic manner, with the same periodicity as the mRNA levels periodicity. Importantly, we numerically estimate, for the first time, the exact impact of the mRNA levels periodicity on the translation process dynamics, as well as on the dynamics of the free ribosomal pool and the way it is affected by parameters such as the codon composition of the oscillating gene, its initiation rate and mRNA levels. We utilize a large-scale, whole-cell computational model for simultaneous mRNA translation and competition for ribosomes to study the effect of mRNA levels fluctuation on the translation process [43–45]. The model considers all the fundamental properties of translation such as the different decoding times of codons and their order, the excluded volume interactions between ribosomes, the finite pool of ribosomes shared by all mRNAs, initiation rates, etc. [43–45]. The dynamics in this model is expressed by a set of ordinary differential equations describing the time evolution of the ribosomal occupancies in the different positions along the mRNAs, and the time evolution of the free ribosomal pool. It was shown that this computational model provides predictions with high correlation with protein levels and ribosome density measurements (see more details in the Materials and methods section). We use the model to simulate translation of the S. cerevisiae genome including a heterologous green fluorescent protein (GFP) gene (with different codons compositions), while periodically modifying the mRNA levels of the GFP gene or of a subset of the endogenous genes. The competition for the limited, shared ribosomes, results in an indirect coupling between the translation processes of the different genes. We measure the coupling effect on the free pool of ribosomes, and on the translation rates and ribosomal densities of the different translation process as a function of the oscillating mRNA (or mRNAs) parameters and mutations. Fig 1(a) depicts our study flow diagram. We consider the S. cerevisiae genome and a GFP gene, while periodically controlling the transcription (i.e. the mRNA levels) of one or more S. cerevisiae genes or the GFP gene. All mRNAs are then simultaneous translated, while competing for the ribosomal resource. We then measure different translation parameters, such as translation rate and ribosomal density of all genes, and the free ribosomal pool (i.e. the number of free ribosomes). The block diagram of the model we use for simultaneous translation and competition is depicted in Fig 1(b). Please refer to the Materials and methods section for a detailed description of the model. Finally, Fig 1(c) shows an example of the translation parameters behavior when periodically controlling the mRNA levels of the GFP gene. The figure depicts the free ribosomal pool, and the GFP translation rate and mean ribosomal density as a function of time. It may be observed that these oscillate with a common periodicity. Fig 1. Overview of the study and the model. (a) Study flow diagram. Red color indicates blocks/functions simulated in this study. Dashed blocks specify measurements. Variables correspond to mRNA levels ( ) and various measurements ( ). See the main text for details. (b) Topology of the computational model used in this study, which includes m mRNAs and a shared free pool of ribosomes. Gi(z) denotes the initiation rate to mRNA i, and Ri(t) denotes the translation rate of mRNA i at time t. (c) An example of the free ribosomal pool (top), the GFP translation rate (middle) and the GFP mean ribosomal density (bottom) as a function of t ∈ [0, 192] for a periodically varying GFP mRNA levels with period T = 16. https://doi.org/10.1371/journal.pcbi.1006055.g001 It is important to mention that all the parameters used in the computational model (e.g. codon compositions, codon decoding times, mRNA levels, and number of ribosomes) were inferred based on experimental measurements of S. cerevisiae, and based on known properties of the GFP. Specifically, the S. cerevisiae genome consists of m ≔ 6310 protein-encoding genes with ORFs ranging from as low as 25 codons to as high as 4911 codons (see S4 Fig). The GFP gene ORF consists of 240 codons (see more details in the Materials and methods section). Table 1 lists the parameters used throughout the simulations and their source. Table 1. Computational model parameters. https://doi.org/10.1371/journal.pcbi.1006055.t001 Let Lh denote the oscillating gene nominal mRNA levels and α its initiation rate. Recall that the oscillating gene (or genes) can be either an endogenous gene or the GFP heterologous gene. We periodically change the mRNA levels of the oscillating gene as follows: (1) where ℓh(t) denotes the oscillating gene mRNA levels at time t, A ∈ [0, 1) is the normalized amplitude, and T is the period time. Let LT denote the total number of (S. cerevisiae) mRNAs in the cell (i.e. LT ≔ 60, 000), and the oscillating gene nominal mRNA levels in percentage of LT. Let Ri denote the average steady-state translation rate of gene i, denote its steady-state amplitude, and denote the steady-state translation rate amplitude of gene i in percentage of its average steady-state translation rate Ri. Let denote the average (over all genes) steady-state translation rate amplitude (in percentage). In the same manner let (see Fig 1(a)) denote the steady-state mean density amplitude of gene i in percentage of its average steady-state mean density ρi, denote the average (over all genes) steady-state mean density amplitude, in percentage of the average steady-state mean density, denote the variance (over all genes) of the steady-state translation rate amplitude, in percentage of the average steady-state translation rate, denote the variance (over all genes) of the steady-state mean density amplitude, in percentage of the average steady-state mean density, denote the average free ribosomal pool at steady-state in percentage of the total ribosomal pool, and za denote the steady-state free ribosomal pool amplitude, in percentage of the average steady-state free pool. See an example of these parameters in S5 Fig. The variance parameters provide indication of how the individual genes amplitude vary relative to the average. A large [small] variance implies that the genes amplitudes are widely [closely] scatter relative to the average. As the intent in this paper is to analyze the impact of oscillations on the translation process, due to the shared, limited ribosomal resource, we believe that quantifying the above parameters under different conditions is essential in understanding the impact on the translation process. In the following sections we present numeric measurements of the impact of periodically modifying the mRNA levels of endogenous genes or the GFP gene (or its mutations) on the above parameters over all the S. cerevisiae genes. The effect of endogenous gene mRNA levels on translation rate oscillations At the first step, we aim at evaluating the impact of fluctuating mRNA levels of a S. cerevisiae endogenous gene set on the translation of the entire S. cerevisiae transcriptome. Fig 2 panels (a) and (b) depict the results as a function of the number of oscillating endogenous genes. In the figure we plot both the effect of the average/typical oscillating gene set, and the effect of the oscillating set with maximal mRNA levels (see the Materials and methods section for more details). Fig 2. The effect of endogenous gene mRNA levels. (a) za, , and as a function of the number of oscillating genes chosen incrementally from a mRNA levels-sorted list of genes (see details in the Materials and methods section), (dashed-line), and genes chosen randomly from the gene list (solid-line), for A = 1/2. Note that the results for za and when oscillating a typical gene set are very similar (the solid-line for za cannot be distinguished from the solid-line ) (b) The corresponding variances. (c) za, , and as a function of the normalized amplitude A ∈ [0.1, 0.9] when oscillating the cell cycle related genes. (d) The corresponding variances. As can be seen, oscillating the mRNA levels of a typical large set of 1, 000 S. cerevisiae genes with normalized amplitude A = 1/2 is expected to typically induce an amplitude of about 9% on the rest of the genes translation rates; the maximal effect of a set of 1, 000 S. cerevisiae genes is very high and close to 50%. During the life cycle of a cell large sets of genes may fluctuate/oscillate together (e.g. due to a common regulatory mechanism) at the transcription level and the results reported here demonstrate that these oscillations should have non-negligible effect on the rest of the genes at the translation levels. Note that the results for za and when oscillating a typical gene set are very similar (the solid-line for za cannot be distinguished from the solid-line for ). One phenomena that involves large scale gene expression oscillation is the cell cycle process. Ref. [17] identified 800 protein-encoding transcripts in S. cerevisiae that are cell cycle regulated, i.e. genes whose transcript levels vary periodically during the cell cycle process. These genes are involved in different cell cycle related functions such as cell cycle control, DNA replication, DNA repair, budding, glycosylation, nuclear division and mitosis. We evaluate the effect of oscillating these genes on the translation of the rest of the genes as a function of the normalized amplitude A ∈ [0.1, 0.9]. These are depicted in Fig 2 panels (c) and (d). It may be noticed that the amplitudes increase linearly with A, and that the amplitude of the free ribosomal pool and the translation amplitudes are very similar. Note that the variance of the steady-state mean density amplitude hardly change as a function of A, whereas the variance of the steady-state translation rate amplitude increases from zero to about 0.12 for A = 0.9. This suggests that the steady-state mean density amplitudes of all S. cerevisiae genes vary much less than the corresponding steady-state translation rate amplitudes. Since measures the average of the steady-state density amplitudes of gene i, it is indeed expected that its variance over all genes will be less than the variance of the steady-state translation rate amplitudes over all genes. The effect of heterologous gene mRNA levels and initiation rate on translation rate oscillations Next, we aim at understanding the effect of oscillating the mRNA levels of a heterologous gene on the free ribosomal pool, and on the translation rate and ribosomal density of the endogenous genes. Note that there are many synthetic systems where the mRNA levels of a single heterologous gene occupy dozens of percentages of the total number of mRNAs in the cell (see, e.g., [49, 50]). This analysis should specifically provide some intuition related to the effect of synthetic gene expression oscillation circuits on the translation of the rest of the genes. (Note that there are many examples of synthetic genes with oscillatory mRNA levels [36, 51–57]). It should also teach us about the effect of fluctuations in the expression levels of highly expressed heterologous genes on the expression levels of the rest of the genes. To this end, we add to our whole-cell model a heterologous GFP gene with periodically varying mRNA levels. Fig 3 depicts the average steady-state translation rate amplitude ( ) and mean density amplitude ( ) for different (typical) values of GFP nominal mRNA levels and initiation rates α for A = 1/2, T = 16, and . It may be seen that both and increase with both α and . This is expected since increasing α or increases the dynamic assignment of ribosomes to the GFP mRNAs, which in turn increases the impact of ribosomes assignment to the S. cerevisiae genes via the shared pool. For example, for , [ ] ranges from about 2.5% [2.5%] to about 13.5% [14%]. Another observation is that the impacts on and are very similar. This suggests that by measuring the periodic amplitude of the translation rates at steady-state one can reasonably conclude the average amplitude of the mean ribosomal densities at steady-state. Fig 3. The effect of heterologous gene mRNA levels and initiation rates. (a) as a function of and different values of α, for A = 1/2, T = 16, and . (b) as a function of and different values of α, for A = 1/2, T = 16, and . (c) as a function of A for α = 0.8, , T = 16, and . (d) as a function of A for α = 0.8, , T = 16, and . Fig 3 also depicts and as a function of A ∈ (0, 1/2] for α = 0.8, , T = 16, and . It may be noticed that the translation rate and ribosome density increase linearly with A ∈ (0, 1/2]. Similar observations were made for several other values of and α. We conclude that highly expressed heterologous genes can have an effect of up to about 20% on the amplitude of the translation rate and ribosome density of the rest of the endogenous genes. This should be considered when designing the properties of a synthetic circuit. Note that by the analysis done in the previous section, oscillations of large number of endogenous genes should also affect the heterologous genes. The effect of the codon compositions of a heterologous gene on the translation rate oscillations In this section different synonymous substitutions are introduce to the heterologous GFP gene to study their effect, separately, on the translation of the endogenous genes. The goal here is to evaluate the effect of the coding region (and thus the induced ribosomal density and translation rate) on translation oscillation. In brief, we consider various variants of the GFP coding region; all of them code the same GFP protein but with different codons (a detailed description of each synonymously mutated GFP can be found in the Materials and methods section). The mutated GFP genes considered are: GFP_HIGH_RD: designed for high ribosomal density (RD) and high “traffic jam”. GFP_LOW_RD: designed for low ribosomal density and smooth “traffic flow”. GFP_MDN_RD: designed for “median” ribosomal density. GFP_SPD_TR: designed for high translation rate (TR) by utilizing synonymous codons with minimal decoding times. GFP_SLW_TR: designed for low translation rate by utilizing synonymous codons with maximal decoding times. Table 2 lists the steady-state translation rate R and mean densities ρ of each mutated GFP modeled to include initiation rate equals to 0.8 (which is the median initiation rate of the S. cerevisiae genome [47]). The table also lists two metrics (η and ) for ranking the codon decoding times of the coding region (named decoding time measure (DTM)). The DTM provides a score of how fast the ORF can be decoded; a value of zero means that it is composed of the fastest synonymous codons, and a larger value of DTM indicates that slower codons are used in the ORF. Specifically, in η all codons contribute equally to the DTM, whereas in the codon impact on the DTM increases as we move closer to the 3’-UTR end of the gene (see the Materials and methods section for more details). Table 2. Mutated GFP genes translation properties. The following may be concluded from Table 2: The maximal [minimal] steady-state mean density is in the case of GFP_HIGH_RD [GFP_LOW_RD]. This is expected since GFP_HIGH_RD [GFP_LOW_RD] was designed to create “traffic jam” [“traffic flow”] of ribosomes at steady-state. Specifically, GFP_HIGH_RD uses 62% more ribosomal density at steady-state compared to the steady-state density in GFP_LOW_RD. This implies that on average about 60% [37%] of the codons in GFP_HIGH_RD [GFP_LOW_RD] are covered by ribosomes. The maximal [minimal] steady-state translation rate is in the case of GFP_SPD_TR [GFP_SLW_TR]. This is expected since GFP_SPD_TR [GFP_SLW_TR] consists of codons with minimal [maximal] decoding times. This implies that the maximal [minimal] steady-state translation rate of the GFP protein (over all possible synonymous substitutions) is 0.1892 [0.1456] (i.e. we can increase the translation rate of the GFP gene by at most 30% using synonymous substitutions). The steady-state translation rates of the mutated genes GFP_LOW_RD and GFP_HIGH_RD are similar, although GFP_LOW_RD uses 38% less ribosomal density at steady-state. η correlates well with the steady-state translation rate. Fig 4 depicts the translation normalized statistics as a function of the nominal mRNA levels , for α = 0.8 and α = 3.2, for each of the GFP mutated genes, when translated (separately) with the S. cerevisiae gene pool, for A = 1/2, T = 16, and . Each data point in the figure represents the corresponding statistics per 600 mutated GFP mRNAs (1% of the total S. cerevisiae mRNA levels), i.e. we divide the statistics values by the corresponding and multiply by 600. This represents the impact on the translation process per a unit of 600 GFP mRNAs (a normalized measure can then be used to compare results between different values of ). Fig 4. The effect of heterologous gene mRNA levels and elongation rates. (a) Block diagram of the current test. (b) Normalized za as a function of , α = 0.8 and α = 3.2 for A = 1/2, T = 16, and . “ORG” denotes the original (non-mutated) GFP. (c) Legend of the sub-figures. The up-to-down order corresponds to the performance ranking, per value, in sub-figures (b), (d), and (e), i.e. HIGH results in the largest measurement values, followed by ORG, etc. (d) Normalized (upper figure) and normalized (lower figure) as a function of , α = 0.8 and α = 3.2 for A = 1/2, T = 16, and . (e) Normalized (upper figure) and normalized (lower figure) as a function of , α = 0.8 and α = 3.2 for A = 1/2, T = 16, and . We first observe that the normalized statistics increase with α for each value. This is obviously expected since large values of α imply high periodic variations of assigned ribosomes to the GFP mRNAs, and thus also to the S. cerevisiae genes mRNAs (due to the shared pool), and so we expect the amplitudes of the free pool, translation rates and mean densities to increase. We also note that the statistics variations over the different mutations increase with α. For example, for , the normalized za varies between 0.55% and 0.67% (in case of α = 3.2), and between 0.35% and about 0.4% (in the case of α = 0.8). This is expected since, for example, a low value of α means that the initiation is the rate limiting factor, and in this case the GFP ORF mutations (affecting the elongation rates) less affect the parameters. In addition, it may be seen that the normalized statistics maintain a particular ranking for different values: they achieve their maximal values when oscillating the GFP_HIGH_RD mutation, are reduced when oscillating the GFP original gene, and achieve their minimal values when oscillating the GFP_LOW_RD mutation. For example, for and α = 3.2, the normalized is about 0.57% when oscillating GFP_HIGH_RD, is about 0.55% when oscillating GFP, and is about 0.45% when oscillating GFP_LOW_RD. This correlates with the mean steady-state ribosomal densities of these mutations, as well as with their non-homogeneous DTMs ( ). This suggests that mRNAs with “traffic jams” at steady-state (i.e. mRNAs that occupy large number of ribosomes at steady-state) have a substantial impact on the translation of the other genes via the shared ribosomal pool. The normalized za, and seem to slightly decrease with , implying that the non-normalized parameters increase sub-linearly with . Oscillating the mRNA levels of the GFP gene increases and decreases periodically the assigned number of ribosomes to the GFP mRNAs, which in turn decreases and increases periodically the amount of free ribosomes, respectively. This affects the actual initiation rate to the mRNAs. However, due to the finite, shared pool of ribosomes, the oscillation effect caused by an increase in mRNA levels admits a linear region which is eventually saturated (similar to most physical systems). Finally, it may be observed that the corresponding variances increase with both and α, indicating, as expected, that for large oscillating mRNA levels, and/or initiation rates, the variations of the amplitudes over all genes increase. Note that the variance values are few order of magnitudes less than the corresponding average values; for example, for and α = 3.2, [ ] is about 0.7% [0.03%] of the corresponding average values. In general, both the steady-state translation rate and the mean density of the mutated or the original GFP gene affect the parameters. For example, the effect of the gene GFP_SPD_TR on the statistics is less severe than the effect of the gene GFP_MDN_RD, even-though GFP_SPD_TR consumes more (by 25%) ribosomes at steady-state (see Table 2). However, the steady-state translation rate of GFP_SPD_TR is larger (by about 26%) than the steady-state translation rate of GFP_MDN_RD, thus ribosomes in the GFP_SPD_TR mutation case are released faster to the pool and thus are available more for translating other genes. In addition, we can observe a ‘diminishing marginal utility’ effect: the results depicted in Fig 4 suggest that oscillating a larger number of mRNAs of the mutated GFP gene decreases the amplitude of the free pool and of the genes translation rate and mean density per GFP mRNA level. This effect is partially due to the limited and shared ribosome pool. Fig 5 depicts the translation normalized statistics when oscillating the mutated GFP_HIGH_RD gene for several values of the average steady-state free ribosomal pool . It may be seen that za decreases with , whereas and are slightly affected by . For example, for and α = 0.8, the normalized za decreases from about 1.4% for to about 0.4% for , whereas both the normalized and hardly vary and are equal to about 0.32% and 0.34%, respectively. One possible explanation for this is as follows: As decreases (i.e. as less ribosomes are free thus more are assigned to the mRNAs) the effective initiation rates to the mRNA increases. This increases the oscillation amplitude induced by the GFP_HIGH_RD mRNAs, and thus the relative effect on increases (recall that za denotes the free pool oscillation amplitude relative to ). On the other hand, an increase in the effective initiation rates increases both the steady-state translation rates and mean densities of all the S. cerevisiae mRNAs, and so the effect on and is small. However, as suggested by Fig 5, the corresponding variances increase slightly as decreases, implying that the amplitude variations over all genes do not change much as decreases from 30% to 10%. Note that, again, the variance values are few order of magnitudes less than the corresponding average values (for example, for , [ ] is about 1.0% [0.05%] of the corresponding average values). Fig 5. The effect of the average ribosomal pool. (a) Block diagram of the current test. (b) Normalized za as a function of of GFP_HIGH_RD, for α = 0.8, A = 1/2, T = 16, and different values of . (c) Legend of the sub-figures. The right-to-left order corresponds to the performance ranking, per value, in sub-figures (b), (d), and (e), i.e. results in the largest measurement values, followed by , etc. (d) Normalized (upper figure) and normalized (lower figure) as a function of of GFP_HIGH_RD, for α = 0.8, A = 1/2, T = 16, and different values of . (e) Normalized (upper figure) and normalized (lower figure) as a function of of GFP_HIGH_RD, for α = 0.8, A = 1/2, T = 16, and different values of . The results depicted in Fig 5 suggest that the fluctuations of the translation rates and mean ribosomal densities are hardly affected by the affinity of ribosomes to the mRNA molecules (this affinity may be controlled by initiation efficiency, for example). However, the fluctuations of the free ribosomal pool increase as more ribosomes are translating the mRNA molecules. As another example, Table 3 depicts the (non-normalized) statistics when oscillating the mutated GFP_HIGH_RD gene for A = 0.35, T = 16, α = 0.8, , and for several values of the average free ribosomal pool at steady-state . The same conclusions can be derived here as well. Table 3. Statistics as a function of the average free pool at steady-state for A = 0.35, T = 16, α = 0.8, and . In summary, the current subsection teaches us that when designing highly expressed heterologous genes that are expected to fluctuate/oscillate we should carefully choose their codons composition: to induce low effect on the other genes we should minimize the ribosome density, and on the other hand high ribosomal density results in large effect on the other genes. As was demonstrated here the exact profiles that maximize/minimize ribosome densities are not simply the ones with optimal/slowest codons along the coding region, respectively; thus, it is important to develop models and algorithms for engineering and manipulating ribosome density of endogenous and heterologous genes. The results reported here with the heterologous gene may be further validated experimentally in the future using in-vitro and/or in-vivo systems with oscillating GFP proteins [51]. However, we believe that with the current experimental approach it should be challenging to directly study the coupling we reported here due to the following reasons. First, oscillating endogamous systems probably includes various effects and feedbacks that may “cancel” or blur the phenomena presented here. Second, in order to be able to measure, with the current techniques, the effect reported here large portion of the mRNA molecules in the cell should oscillate. Finally, this study analyzes oscillations during the translation stage. Thus, to study them one should directly measure translation rate; the conventional experimental approaches (e.g. RNA-seq, ribo-seq or approaches based on quantitative mass spectrometry) measure variables that are expected to be related/correlated with the translation rate but are not the actual translation rate. Our results should be specifically considered when designing large intra-cellular circuits with many components/genes. In such cases, among others, the oscillation in transcription levels of some parts of the circuit should affect the other part of the circuit. We provide here some initial guidelines related to this topic. First, if we are not interested in cross-talk between the different oscillating genes we should engineer their transcript to minimize the induced oscillations (e.g. designing codon profiles that minimize ribosome density and if possible decrease their initiation rate). Second, in some cases we may want to design genes that induce oscillations on the rest/other genes; in these cases, we will design them accordingly (e.g. high initiation rate and ribosome density). Third, our (or similar) models can be used to estimate potential “noise” due to oscillation cross-talk. These estimations can be considered when designing the circuit and assuring its performance. The goal of this study is to understand and carefully quantify the impact of oscillations over wide range of conditions and parameters (e.g., large range of A, , α, , and different GFP mutations). This is important, as the severity of the oscillations impact (in terms of its phenotypic or biological-significant effect) is, in general, gene and condition specific. It might depend on the function of the genes (e.g. structural genes, transcription factors, signaling proteins, etc.), the exact condition (e.g. initiation rate, mRNA levels), the organisms type, etc. The computational model used in this study is deterministic, enabling rigorous analysis of its properties using tools from systems and control theory. In addition, it was shown to admit high correlation with the stochastic TASEP model of translation (e.g. see [45]), and furthermore using it to simulate large-scale translation with competition is simple. The processes in the cell are stochastic in nature, and future study may employ stochastic whole cell models to study the effect of oscillations in a “noisy” environment. In S6 Fig we provide initial results that suggest that noise in the model parameters should not affect our conclusions. It is important to emphasize that the results reported here are relevant also in cases where the time scales of translation and cell cycle differ. Note that it has been suggested that translation of cell cycle related genes is regulated by periodically varying tRNA levels [18]. This implies, among others, that the time scales are quite similar. Specifically, the translation time in general can be longer than the cell cycle period. For concreteness, consider the case of S. cerevisiae. The cell cycle period in S. cerevisiae is less than 87 minutes [58]. Cell cycle period can be much shorter in eukaryotes; for example, it was reported that the duration of cell cycle in early embryo of the fruit fly D. melanogaster is only eight minutes [59]. The translation rate in S. cerevisiae was estimated to be higher than 0.956 codons per second (the slowest codon is CUU) [60] with average rate over all codons of 10 codons per second (in mouse the average codon translation rate was estimated to be about five codons per second [61]). In practice, this rate can be much slower due to strong folding of the mRNA molecule and interaction of the translated amino-acid peptide with the exit channel of the ribosome [62, 63]. In S. cerevisiae the ORF length is between 75 and 14, 733 nucleotides. The longest gene corresponds to an upper bound on the translation time of a gene, which is about 82 minutes (assuming a lower bound on translation rate of one codon per second, which may be lower in practice), an estimated translated time of this protein based on mean codon translation time is 8.2 minutes. In mammals the mean codon decoding time is five codons per second, and the longest human protein (Titin–TTN), which consists of 33, 000 amino acids, corresponds to estimated translation time of 110 minutes. This suggests that periodically varying mRNA levels in cell cycle related genes may be similar to the time scale of mRNA translation. We will conclude with the main lessons from the analysis performed here based on our whole-cell computational model: 1) Competitions for limited resources in the cell lead to indirect couplings between the gene expression stages, and these couplings must be considered when analyzing the cellular economy of the cell; 2) A whole-cell computational model of translation that takes into account fundamental properties of translation, with parameters estimated based on experimental measurements, can comprehensively quantify the effect of oscillations on the ribosomal densities and translation rates of all genes; 3) Careful considerations must take place when designing highly express heterologous genes that are expected to fluctuate, as their codon compositions and translation initiation rates may have high effect on all genes translation rate. We demonstrate specific cases with high and low effect on fluctuations; 4) Quantitative estimation (based on parameters estimated from experimental data) of the magnitude of these oscillations in endogenous and heterologous genes is provided here; and 5) The conclusions reported here in general should also be relevant to other aspects of gene expression and/or intracellular phenomenon. For example, when considering oscillations in tRNA levels, the number of DNA copies of a virus, intracellular transport factors, etc. Fluctuating mRNA levels in endogenous genes We first sort the S. cerevisiae genes according to mRNA levels and evaluate the steady-state mean density and translation rate amplitudes as a function of the number of oscillating genes chosen sequentially from the sorted list of genes, starting from the gene with the largest mRNA levels (dashed-lines in Fig 2, panels (a) and (b)). For example, when using p genes with oscillating mRNA levels, the p genes with the largest mRNA levels are used. This provides a bound on the maximal oscillating amplitudes when any arbitrary p S. cerevisiae genes are oscillating. The “typical” selected genes were chosen randomly from the S. cerevisiae gene pool. Here the oscillation amplitudes and variances for each number of “typical” oscillating genes set is averaged over 30 repetitions. The results of oscillating these genes are depicted, using solid-lines, in Fig 2, panels (a) and (b). The assumption in this study is that large set of genes can be regulated (oscillate) independently of the ribosomal pool. This is motivated by: 1) The regulations at the translation and transcription stages are not tightly coupled [64]; 2) There may be delays between the two stages [65]; 3) In the case of heterologous genes (and the corresponding promoters and gene expression circuits) that are engineered by design there is no reason to assume that the ribosome pool is also regulated. Cell cycle genes Ref. [17] identified 800 protein-encoding transcripts in S. cerevisiae that are cell cycle regulated. We evaluate the parameters when oscillating 770 of these genes, as we lack mRNA measurements for 30 of the reported 800 cell cycle related genes. The 770 cell cycle genes used are listed in S1 Table. Table 4 lists the 30 genes we lack mRNA measurements for. Table 4. The 30 (out of 800) cell cycle related genes reported in [17] that we lack mRNA measurements for (and thus are not used in our simulations). Whole-cell computational model overview The ribosome flow model network with pool (RFMNP) [43] is a deterministic computational model for large-scale simultaneous mRNA translation and competition for ribosomes. It is based on combining several ribosome flow models with input and outputs (RFMIOs) [45, 66], interconnected via a pool of free ribosomes. Each gene is modeled by a single RFMIO, and all the RFMIOs are sharing the same pool of ribosomes. The dynamics of the system is expressed by a set of ordinary differential equations that describes the time evolution of the ribosomal densities in the different RFMIOs and the free pool. In this paper we utilize the RFMNP to simulate a whole-cell S. cerevisiae simultaneous translation and competition for ribosomes. Each of the S. cerevisiae gene (and the GFP gene) is modeled by a single RFMIO. We next describe in details the RFMIO and the RFMNP. The ribosome flow model with input and output (RFMIO) The ribosome flow model (RFM) [45] is a deterministic mathematical model for mRNA translation that can be derived by a mean-field approximation of an important model from statistical physics called the totally asymmetric simple exclusion process (TASEP) (see, e.g., [67] and [68]). In the RFM, mRNA molecules are coarse-grained into n consecutive sites of codons. The state variable , i = 1, …, n, describes the normalized ribosomal occupancy level at site i at time t, where xi(t) = 1 [xi(t) = 0] indicates that site i is completely full [empty] at time t. The model includes n + 1 positive parameters that regulate the transition rate between the sites: the initiation rate into the chain λ0, the elongation (or transition) rate from site i to site (i + 1) λi, i = 1, …, n − 1, and the exit rate λn (see Fig 6). Fig 6. The RFM as a chain of n sites of codons. Each site is described by a state variable xi(t) ∈ [0, 1], expressing the normalized ribosome occupancy at site i at time t. λ0 is the initiation rate, and λi is the elongation rate from site i to site i + 1. Translation rate at time t is R(t) ≔ λnxn(t). The dynamics of the RFM with n sites is given by n nonlinear first-order ordinary differential equations: (2) If we let x0(t) ≔ 1 and xn+1(t) ≔ 0, then (2) can be written more succinctly as (3) where hi(x) ≔ λixi(1 − xi+1). This can be explained as follows. The flow of ribosomes from site i to site i + 1 at time t is λixi(1 − xi+1). This flow increases with the density at site i, and decreases as site i + 1 becomes fuller. This corresponds to a “soft” version of a simple exclusion principle. Since the ribosomes have volume, the input rate to site i decreases as the number of ribosomes in that site increases. Note that the maximal possible flow from site i to site i + 1 is the transition rate λi. Thus, Eq (3) simply states that the change in the density at site i at time t is the input rate to site i (from site i − 1) minus the output rate (to site i + 1) at time t. The ribosome exit rate from site n at time t is equal to the protein translation rate at time t, and is denoted by R(t) ≔ λn xn(t). Denote by x(t, a) the solution of (3) at time t ≥ 0 for the initial condition x(0) = a. Since the state-variables correspond to normalized occupancy levels, we always assume that a belongs to the closed n-dimensional unit cube Let int(Cn) denote the interior of Cn. Ref. [69] showed that the RFM is a tridiagonal cooperative dynamical system [70], and that this implies that (2) admits a unique steady-state point e = e(λ0,…λn) ∈ int(Cn), that is globally asymptotically stable, that is, limt→∞ x(t, a) = e, for all a ∈ Cn (see also [71]). In particular, the translation rate converges to the steady-state value R ≔ λnen. We denote by the steady-state mean ribosomal density along the mRNA. The RFM can be extended into a single-input single-output (SISO) control system, by defining the translation rate as the output, and by introducing a time-varying input control representing the flow of ribosomes from the “outside environment” into the mRNA (which is related to the rate ribosomes diffuse to the 5’end (in eukaryotes) or the RBS (in prokaryotes) of the mRNA). This is referred to as the RFM with input and output (RFMIO) [66]. Thus, the equation for the change in the density at site 1 in the RFMIO becomes and all other equations for , i = 2, …, n, are the same as in the RFM. The RFMIO can then be written in a compact-form as (4) where y denotes the output. In this study, each S. cerevisiae gene is modeled by a RFMIO, where each RFMIO site contains 10 consecutive codons (the ribosome footprint is assumed to be about 10 codons wide). RFM network with a pool (RFMNP) In [43], a network of m RFMIOs interconnected via a pool of free ribosomes (called the RFM network with pool (RFMNP)) was introduced for analyzing large-scale translation while competing for the available, limited ribosomal resource. Competition for the available ribosomal resource leads to indirect coupling between the different mRNAs. For example, if more ribosomes bind to a certain mRNA molecule then the pool of free ribosomes in the cell is depleted, and this may lead to lower initiation rates in the other mRNAs. Let denote the free ribosomal pool occupancy at time t. For an RFMNP with m RFMIOs, let nj, i = j, …, m, denote the jth RFMIO dimension, yj ≔ Rj(t) its output rate at time t, and its transition rates. The input to the jth RFMIO is uj = Gj(z) where the function satisfies: (1) Gj(0) = 0; (2) Gj(z) is strictly increasing on ; and (3) for all z > 0 sufficiently small Gj(z) is linearly proportional to z. Typical examples are Gj(z) = z, and Gj(z) = aj tanh(z/bj) with aj, bj > 0 (see S1 Fig and [43] for more details). Thus, the RFMNP is given by (5) and (6) Eq (6) implies that the change in the free pool, as a function of time, is the sum of all output rates of the RFMIOs (input flow to the free pool) minus the total flow of ribosomes that bind to the mRNA molecules (output flow from the free pool). The RFMNP is then a dynamical system with state-variables. Since the RFMNP is a closed system, the total number of ribosomes is conserved, that is H(t) ≡ H(0) for all t ≥ 0. It was proven in [43] that for any given number of total ribosomal pool H(0), the RFMNP admits a unique steady-state point that depends on the rates and H(0) but not on the initial conditions. Furthermore, if one or more of the RFMIOs rates are time-periodic functions, with a common minimal period T > 0, then the RFMNP entrains to the periodic excitations in the , i.e. every state-variable converges to a periodic solution with period T. This also means that each of the translation rates and mean densities converge to periodic solutions with period T. Thus, we do not need to evaluate different values of T, and the value T = 16 is used throughout this paper (e.g. using T = 20 instead yields the same behavior but with periodicity T = 20). In this paper we simulate the RFMNP while periodically changing the mRNA levels of the heterologous GFP gene or several endogenous genes. Assume, for example, that the GFP mRNA levels are changing (periodically) between a minimal value of β1 > 0 and a maximal value of β2 > β1. It is straightforward to verify that this is equivalent to an RFMNP with β2 copies of the gene GFP, while periodically changing the initiation rates of these copies. Thus, [43] provides a rigorous proof to the periodicity we observed at steady-state in the state-variables. Finally, the parameters of the model used here are based on [72]; see more details below. Codons decoding times We use ribo-seq data to infer the codon decoding rates [73], and normalize these rates so that the median codon elongation rate of all S. cerevisiae mRNAs becomes 6.4 codons per second [48]. This holds for all endogenous genes and the GFP. The ribo-seq data and the decoding rates are used also for inferring the initiation rates. The ribo-seq data and mRNA levels were taken from [74]; the number of S. cerevisiae ribosomes used in the simulation is 200,000 [75], with 60,000 mRNAs [46], scaled according to the mRNA levels from [74]. Thus, the correlations between the predicted ribosome densities from our model and measured ribosome densities in the analyzed conditions are very high (correlation coefficient r > 0.7 for sites size of 10 codons) and is similar to the correlations between two experimental replications in the field [76]. Note that the large-scale measurements of mRNA levels and ribosome profiling suggest that almost all genes have certain mRNA levels and ribosome densities; this suggests that most of the genes are transcribed/translated at the same time but at (possibly extremely) different rates/levels (the differences among genes can be very significant: up to four orders of magnitudes). Modeling a single S. cerevisiae mRNA translation by the RFMIO Let q ≔ 10 denote the number of codons per RFMIO site. Given an S. cerevisiae gene ORF consisting of K codons (excluding the stop codon), we model it using RFMIO with n sites as follows. The mRNA is divided into (n + 1) pieces: the first piece contains (q − 1) codons (that are also related to later stages of initiation [14]), pieces 2 to n contain each q non-overlapping codons, and the last piece contains between q/2 and 3q/2 codons. For example, for q = 10 and K = 146, the first piece contains 9 codons, pieces 2 to 14 contain each 10 codons, and piece 15 contains 7 codons, thus n = 14. The first piece corresponds to λ0, and pieces 2 to n + 1 correspond to λ1 to λn, respectively, as described next. The initiation rate (that corresponds to the first piece) is estimated based on the ribosome density per mRNA level, as this value is expected to be approximately proportional to the initiation rate when initiation is the rate limiting factor [45, 77]. We apply a normalization that sets the median initiation rate of all S. cerevisiae mRNAs to 0.8 [47]. The RFMIO rates, per S. cerevisiae gene, are then set as follows: For all i ∈ {1, …, n}, , where L is the number of codons in piece (i + 1), and τk is the decoding time of the k’th codon in that piece (see S2 Table). Indeed L = q for i = 1, …, n − 1, and q/2 ≤ L ≤ 3q/2 for i = n. , where p is the estimated initiation rate of the corresponding mRNA, and τk is the decoding time of the k’th codon in the first piece. Decoding-time measure (DTM) Let τi denote the decoding time of codon i in the ORF, and let ψ(i) denote the minimum among the decoding times of codon i and its synonymous mutations. Define the decoding-time measure (DTM) of a gene by (7) where K denotes the number of codons in the ORF (excluding the stop codon), and wi > 0, i = 1, …, K, is the weight given to the non-negative cost (τi − ψ(i)). The DTM then provides a score of how fast the ORF can be decoded; a value of zero means that the ORF is composed from the fastest synonymous codons, and a larger value of η indicates that slower codons are used in the ORF. One might expect that in general η should be inversely proportional to the steady-state translation rate. However, since η doesn’t provide information about the distribution of the decoding time costs along the ORF, this might not always hold. For example, a slow codon in the middle of the ORF can impact the steady-state translation rate more than a slow codon in the boundaries. Another possible interpretation of η is in describing the “speed-budget” relative to the optimum (η = 0 corresponds to the fastest possible decoding times). Thus, two genes with similar DTMs correspond to the same speed-budget. In the case where w1 = … = wK = 1, the DTM is referred to as the homogeneous DTM. A monotone-increasing weights describes the hypothesis that slower codons toward the 3’ UTR increase ribosomal “traffic jams” on the mRNA, resulting in larger number of ribosomes on the mRNA at steady-state (see S2 Fig). Mutated GFP genes The GFP protein sequence is from gi:1543069. Recall that the GFP gene ORF consists of 239 codons (excluding the stop codon). The mutated GFP genes are generated by performing the following synonymous substitutions relative to the GFP gene (see also S3 Fig): GFP_HIGH_RD: the first 119 codons (corresponding to λ0, …, λ11) are synonymously substituted with fast codons, and codons 120–239 (corresponding to λ12, …, λ23) are synonymously substituted with slow codons. This is done to create a “traffic jam” in this gene, where the total number of ribosomes along the mRNA at steady-state is high. GFP_LOW_RD: the first 119 codons (corresponding to λ0, …, λ11) are synonymously substituted with slow codons, and codons 120–239 (corresponding to λ12, …, λ23) are synonymously substituted with fast codons. This is done to create a “traffic flow” in this gene, where the total number of ribosomes along the mRNA at steady-state is low. GFP_MDN_RD: codons 1–79 (corresponding to λ0, …, λ7) are synonymously substituted with slow codons, codons 80–159 (corresponding to λ8, …, λ15) are synonymously substituted with median codons (i.e. in each synonymous group, the codon with the median decoding time is chosen), and codons 160–239 (corresponding to λ16, …, λ23) are synonymously substituted with fast codons. This is done to create a more of a subtle “traffic flow”. GFP_SPD_TR: all codons are synonymously substituted with fast codons. This is done to create “fast traffic” in this gene, where the steady-state translation rate is maximal. GFP_SLW_TR: all codons are synonymously substituted with slow codons. This is done to create “slow traffic” in this gene, where the steady-state translation rate is minimal. S1 Table. Lists the 770 S. cerevisiae cell cycle related genes used in our model. https://doi.org/10.1371/journal.pcbi.1006055.s001 (XLSX) S2 Table. Lists the codon decoding times. S1 Fig. Depicts the parameter c in G(z) ≔ tanh(z/c). S2 Fig. Depicts the monotone-increasing weights in . S3 Fig. Depicts the RFMIO rates and steady-state densities of the GFP gene and its mutations. S4 Fig. Depicts the histogram of S. cerevisiae ORFs codon length K. S5 Fig. Depicts the histograms of and over all S. cerevisiae genes for A = 0.35, T = 16, , α = 0.8, and . S6 Fig. Depicts the effect of heterologous gene mRNA levels and initiation rates in the presence of oscillation noise. We thank Hadas Zur, Alon Diament and Doron Levin for helpful comments. 1. Alberts B, Johnson A, Lewis J, Raff M, Roberts K, Walter P. 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Protein translation Is the Subject Area "Protein translation" applicable to this article? Gene pool Is the Subject Area "Gene pool" applicable to this article? Is the Subject Area "Saccharomyces cerevisiae" applicable to this article? Synthetic gene oscillators Is the Subject Area "Synthetic gene oscillators" applicable to this article? Genetic oscillators Is the Subject Area "Genetic oscillators" applicable to this article? Is the Subject Area "Gene expression" applicable to this article?
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Your injury Home > Knowledge > Blog > When should a health and welfare deputy be appointed? Back to all blogs 30.07.2019 Moore Blatch When should a health and welfare deputy be appointed? Deciding to appoint a deputy for health and welfare for your family member will always be a difficult decision. The Court has been reluctant to make appointments reserving these for only the most ‘difficult’ cases. In this post we consider the guidance given by the court on this issue and how recent case law has changed this. The Mental Capacity Act 2005 Code of Practice (‘The Code’) suggests a deputy for health and welfare should only be appointed when ongoing decisions need to be made on behalf of your family member who lacks capacity. It is important to remember that deputies should only ever be appointed to make decisions which your family member lacks the capacity to make. The Code is clear that a deputy’s authority should be as limited in scope and duration as possible. The starting assumption must always be that your family member has the capacity to make a decision unless it can be shown that they lack capacity. This means that your family member’s capacity must be assessed on a decision by decision basis and. all possible steps must be taken to support your family member in making decisions themselves. Recent case law – Haden J’s principles Hayden, J recently considered the appointment of health and welfare deputies in Re Lawson, Mottram and Hopton. In his view the prevailing ethos of the Mental Capacity Act 2005 is that decisions about whether to appoint a health and welfare deputy should be made based on the merits of doing so in each case. You should not therefore be put off from making an application to appoint a health and welfare deputy for your family member if you feel that this would be in their best interests. Hayden J also emphasised that your family member’s wishes and feelings should form part of the appointment decision. You should therefore try to ascertain from your family member what their wishes and feelings are as the court will take these into account. Hayden J’s message is clear: Extended legal authority to make decisions about your family member’s health and welfare should not be handed to one person unless absolutely necessary. A deputy will not have authority to make a decision for your family member if they can make the decision themself. When making an application to appoint a health and welfare deputy for your family member you will need to give clear justification as to why a less formal decision making structure is not in their best interests. You should not however be put off from making an application if the justification is there. You should not make an application on behalf of your family member because you feel excluded from decision-making as the court will not consider this sufficient justification to appoint a deputy for them. You should consider in the first instance whether your family member can be supported in decision making about their health and welfare. How can Moore Blatch help? We regularly advise family members on health and welfare deputyships and any alternative options those closest to the individual are able to participate in decision making. For more information, or a free no obligation chat, please contact us on 02380 71 8108 and ask to speak to a member of the team. community care | Moore Blatch Email Moore Blatch Funding care for farmers Mea North | 22.10.2019 The importance of NHS Continuing Healthcare for Financial Advisers Impact of Annual Reviews on Care Provision © Moore Blatch LLP 2019
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HomeCommunity What we love even more than playing Ultimate, is the community and friendships that our sport fosters. Beyond playing in LAOUT’s Leagues, we hope you find a place to plug in and get connected with what the Ultimate community is doing both here and around the world! The mission of LAOUT is to grow the sport of Ultimate in the Los Angeles area by providing playing opportunities for people of all skill levels while also promoting the Spirit of the Game. On February 3rd, 2018, LAOUT partnered with Habitat for Humanity of Los Angeles to build Homes and Hope in our community. We had a great turnout and exceeded our $5000 fundraising target! We hope to continue to give back to our community. Please check back for more outreach opportunities or Contact Us if you have ideas where you would like to see LAOUT give back. Ultimate Peace Ultimate Peace is a non-profit that gives youth in the Middle East a chance to build friendships by playing ultimate frisbee. The idea emanated from a trip to Israel organized by David and Dori, in which an All-Star Ultimate team known as the Matza Balls taught Israeli children and promoted the sport of Ultimate. While excited by the significant momentum generated in the world of Israeli Ultimate by facilitating clinics and a tournament, the Americans were dismayed by the realization that Ultimate was not being played in the neighboring Arab and Palestinian sporting communities. Members of the team wondered what it would be like to have Muslim, Christian and Jewish children sharing the joys of throwing and catching a soaring disc, playing on a team cooperatively, and settling on-field disagreements collaboratively. This vision, shared by Linda (organizer of international youth Ultimate) for years, was pursued vigorously since 2006 and ultimately led to the concept of Ultimate Peace, and the inaugural 2009 event. Learn more at http://www.ultimatepeace.org/ Triviva Night LAOUT Field Director Pridevitational LAOUT League Survey Community Equity Event Boardwalk Blitz Spoiler Alert Fundraiser Rampage Merch Sale Fundraiser 4th of July Slacker Family Picnic Huck-It Long Beach 2018
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Haslet, TX Real Estate Population: 1,134 Haslet, Texas is located in Tarrant County about 16 miles northwest of Fort Worth. Settled around 1880, the area still retains its small-town atmosphere today despite its convenient access to the city. By the 1990’s Haslet had become a commuter community for Fort Worth and the population has since grown to over 1,000 residents. Haslett is an ideal setting for raising a family or for anyone who wants to get away from the hustle of big city life. View Properties in this Community > Ebby Halliday Offices Serving this Community: Colleyville > Southlake > Other Ebby Offices > Education Haslet Elementary School Justin Elementary School Lakeview Elementary School Roanoke Elementary School Northwest Middle School Northwest High School Shopping Grapevine Mills Mall The Shops at Willow Bend Entertainment Amon Carter Museum The Fort Worth Museum of Science and History... 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The Higher Education Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA), requires that postsecondary institutions participating in federal student aid programs make certain disclosures. In compliance with federal laws, Lansing Community College discloses the following information to enrolled and prospective students, employees, parents, and the public. Toggle General Institutional Information Information General Institutional Information LCC's Mission and Guiding Principles School and Program Accreditation, Approval or Licensure Catalog Information The following links provide information about LCC policies and sanctions related to copyright infringement and unauthorized peer-to-peer file sharing, including disciplinary action taken against students who engage in illegal downloading or unauthorized distribution of copyrighted materials using LCC information technology systems. The information also includes a notice that informs students that unauthorized distribution of copyrighted material may subject the students to civil and criminal liabilities. A summary of the penalties for violation of federal copyright laws is also provided. Copyright Research Guide Each year the Arts and Sciences Division sponsors an event for Constitution Day in September. Equal Opportunity and Non-Discrimination Facilities and Service Available to Students with Disabilities The Office & Department Directory provides contact information. To contact a faculty member or other instructional personnel call the appropriate divisional office. Faculty Credentials Office & Department Directory FOIA Policy FOIA Cost Estimate Sheet FOIA Procedures and Guidelines Instructional Facilities Student Privacy Rights – Family Educational Rights and Privacy Act (FERPA) Student Privacy Rights - Family Educational Rights and Privacy Act (FERPA) Student Rights Under FERPA Textbook Information Transfer, Consortium and Contractual Agreements Transfer Credit Policies Credit for Previously Acquired Knowledge and Learning Experience Policy Credit for Previous Acquired Knowledge and Learning Experience Procedure Transfer Equivalencies Course Withdrawal Procedure Career and Job Placement Services Map: Main Campus Map: LCC West Map: LCC East Map: LCC Livingston Toggle Financial Assistance Information Information Contact Information for Assistance in Obtaining Institutional or Financial Aid Information State Grant Information Terms and Conditions of Title IV Loans Student accepts the Terms and Conditions in Banner Self Service. Criteria for Selecting Recipients and for determining award amount Financial Aid Calendar Eligibility Requirements for Applying for Aid Procedures for Applying for Aid Methods and Frequency of disbursements of aid Rights and responsibilities of students receiving aid Terms of any loan received as part of financial aid package, sample loan repayment schedule, and the necessity for repaying loans Procedures and forms by which students apply for assistance Lansing Community College does not offer "Study Abroad" programs. Student Employment & Work-Study Loan Counseling Student Loan Repayment Resources Direct Subsidized and Unsubsidized Loan Disclosure Private Education Loan Notification about National Student Loan Data System (NSLDS) Code of Conduct for Educational Loans Refund Policy, Requirements for Withdrawal and Return of Title IV Financial Aid Tuition and Fee Refund Policy Return of Title IV Financial Aid (R2T4) Disbursement/Refund Notice of Federal Student Financial Aid Penalties for Drug Law Violations Toggle Student Outcomes Information Athlete Completion Graduation Transfer Rates Athletic Program Participation and Financial Data In compliance with the Equity in Athletics Disclosure Act, Lansing Community College Athletic Department publishes information on men’s and women’s athletic programs. The EADA report includes the number of participants by gender for each team, operating and recruiting expenses, coaches’ salaries, revenues and athletically related student aid. A copy of the report is also available online on the U.S. Department of Education Office of Post secondary Education Equity in Athletics Disclosure website. A paper copy of the report will be provided upon request by contacting the Athletic Department at 517-483-1622. Completion Graduation Transfer Rates Student Body Diversity and Retention Toggle Health and Safety Information The Annual Security Report (ASR) is published annually on or before Oct. 1st in accordance with the requirements of Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (also referred to as the “Clery Act”). The purpose of this report is to provide students, parents, employees, and visitors with an overview of the College’s security resources, policies and procedures. The report contains information regarding campus security and personal safety including topics such as: crime prevention, College police law enforcement authority, crime reporting policies, policies related to and programs to prevent sexual assault and other crimes, disciplinary procedures and other matters of importance related to security and safety on campus. It also contains information about crime statistics for the three previous calendar years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by LCC; and on public property within, or immediately adjacent to and accessible from the campus. This information is required by law and is provided by Lansing Community College. The Annual Security Report is available on the Public Safety website. A paper copy of this document may be obtained by contacting the LCC Police Department at 517-483-1800, or in person in the Gannon Building, Room 2110, on the Main Campus in Lansing, Michigan. This is a revision of the 2019 Annual Security Report and the Drug and Alcohol Prevention program. On December 12, 2019, the data reflected in the 2019 Annual Security Report and the Drug and Alcohol Prevention program was revised due to the fact that as of October 28, 2019, the Lansing Community College Board of Trustees approved the revised "Drug Free Workplace Policy" (consistent with the Drug Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act (DFSCA)), and changed the policy name to Drug and Alcohol Policy. Annual Security Report 2018 This is a revision of the 2018 Annual Security Report. On September 26, 2019, the data reflected in the 2018 Annual Security Report was revised to reflect corrections to the 2017 crime statistics that were published on September 28, 2018. The reason for the revision is due to the fact that The Downtown Campus 2017 public property criminal offense; weapons, carrying, possessing reflected two incidents when it should have reflected zero incidents. The reason for the revision is due to the fact that The Livingston Center Campus 2017 arrest on campus criminal offense; drug abuse violation reflected zero incidents but should have reflected two incidents. Daily Crime Log Drug and Alcohol Prevention Program (DAAPP) Lansing Community College will maintain a Drug Free Workplace and an educational environment free from the unlawful manufacturing, distribution, dispensation, possession or use of alcohol or illegal drugs. The College has a DAAPP that is distributed annually and on an ongoing basis to all employees and students via email. The DAAPP contains descriptions of the health risks of drug and alcohol abuse; drug and alcohol counseling, treatment and rehabilitation programs; and the legal sanctions for violations of College policies, local, state or federal laws relating to illicit drugs and alcohol. A biennial review of the DAAPP is also conducted. A paper copy of these resources can be obtained from the LCC Police Department at 411 N. Grand Avenue, Gannon Building, Room 2110, Lansing, MI 48933. Drug and Alcohol Prevention Program Registered Sex Offender Information There is no vaccination requirement for students. The Human and Heath Service programs may have vaccination requirements. Students in those programs should contact their Program Director for specific vaccination requirements. **If you have questions or would like a written copy of the consumer information, please contact the Office of Compliance at 517-483-5298 or thomasL4@star.lcc.edu. Plan Your Next Move Get StartedRequest InfoVisitApply
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Launch Party for Aleister Crowley: The Beast in Berlin at Atlantis Bookshop on July 31st 2014 There will be a launch party for Aleister Crowley: The Beast in Berlin: Art, Sex, and Magick in the Weimar Republic at Atlantis Bookshop, London, on July 31st 2014. The Beast in Berlin… in London! Aleister Crowley: The Beast in Berlin Art, Sex, and Magick in the Weimar Republic by Tobias Churton Thursday 31st July 2014 7pm Gnostic poet, painter, writer, and magician Aleister Crowley arrived in Berlin on April 18, 1930. As prophet of his syncretic religion “Thelema,” he wanted to be among the leaders of art and thought, and Berlin, the liberated future-gazing metropolis, wanted him. There he would live, until his hurried departure on June 22, 1932, as Hitler was rapidly rising to power and the black curtain of intolerance came down upon the city. Drawing on previously unpublished letters and diary material by Crowley, Tobias Churton examines Crowley’s years in Berlin and his intense focus on his art, his work as a spy for British Intelligence, his colorful love life and sex magick exploits, and his contacts with German Theosophy, Freemasonry, and magical orders. He recounts the fates of Crowley’s colleagues under the Nazis as well as what happened to Crowley’s lost art exhibition–six crates of paintings left behind in Germany as the Gestapo was closing in. Revealing the real Crowley long hidden from the historical record, Churton presents “the Beast” anew in all his ambiguous and, for some, terrifying glory, at a blazing, seminal moment in the history of the world. Please note that this is a guest list only event so RSVP to this email or telephone 020 7405 2120 to ensure that your name appears on the Magick List! Consider also: Aleister Crowley: The Beast in Berlin Richard Kaczynski at Atlantis Bookshop on May 19th, 2014 David Shoemaker at Atlantis Bookshop on Jul 11th, 2014 Time, Fate & Spider Magic at Atlantis Bookshop on Jun 12th, 2014 ← How It Works Adept Magic in the Golden Dawn Tradition →
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Adams, Phelps (1) Adamson, Hans (1) Albany Evening News (1) Brayman, Harold, 1900-1988 (1) Carpenter, Walter Samuel, 1888-1976 (1) E.I. du Pont de Nemours & Company [X] Frear, J. Allen, Jr. (1) General Motors Corporation (1) Greenewalt, Crawford H., 1902-1993 (1) Hoover, Herbert, 1874-1964 (1) International House (1) Knickerbocker Press (1) Mencken, H. L. (Henry Louis), 1880-1956 (1) Middleburgh News (1) Morrison, C. M. (Charles Munro) (1) National Press Club (U.S.) (1) New York (State). Legislature (1) New York post-standard (1) Philadelphia Evening Ledger (1) Public Relations Society of America (1) Republican National Committee (U.S.) (1) Republican Party (Del.) (1) Roosevelt, Franklin D. (Franklin Delano), 1882-1945 (1) Smith, Alfred Emanuel, 1873-1944 (1) Times-picayune (1) United Citizens for Nixon-Agnew (1) Walker, Stanley, 1898-1962 (1) Watertown Times (1) Williams, John J. (John James), 1904-1988 (1) Albany (N.Y.) (1) Business and politics (1) Business enterprises--United States (1) Business--Public Opinion (1) Delaware--Politics and government--1951- (1) Elections [X] Journalism--Political aspects--United States--History--20th century [X] Prohibition--United States--History (1) Public relations and politics (1) United States--Politics and government--20th century (1) Civil court records (1) Memorandums (1) Speeches (documents) (1) Filters: 1990-1999 in date [X] Elections in subject [X] Journalism--Political aspects--United States--History--20th century in subject [X] 1960-1969::1961 in date [X] E.I. du Pont de Nemours & Company in name [X] United States in location [X] Creator: Brayman, Harold, 1900-1988 Title: Harold Brayman papers supplement Abstract: Harold Brayman (1900-1988), a political journalist and former director of the Public Relations Department of Du Pont Company for 21 years, helped establish a concept of public relations which was[...] widely emulated throughout the United States. The Harold Brayman papers supplement, spanning from 1914-1992, contains substantial editions to the original collection, documenting Brayman's dual careers in the fields of journalism and public relations. The collection includes correspondence, memoranda, press releases, speeches, newspaper clippings and articles, photographs, memorabilia and books. Subjects: Prohibition--United States--History | Elections | Public relations | Journalism--Political aspects--United States--History--20th century | More Subjects
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Chastened yet, Public Utilities Commission? Consumers oppose SDG&E plan that would thwart solar By Don Bauder, Sept. 16, 2014 At a packed public hearing at Al Bahr Shrine Center in Kearny Mesa this afternoon (Sept. 16), utility ratepayers showed up to slam or support San Diego Gas & Electric's (SDG&E's) plan to raise rates of low residential electric users and lower rates of large users — generally, a blow for poorer people and a boost for richer ones. The meeting, called by the California Public Utilities Commission (CPUC), was held in a small room, and about 100 people attended, according to Pete Hasapopoulos, who was there representing the Sierra Club, which opposes the proposal. Hasapopoulos says about 80 percent of the people opposed SDG&E's plan to boost its profits, and applause was generally louder when generated by opponents. However, he says, there were people now paying high electric rates who spoke in favor of the SDG&E proposal. They want their bills reduced. Also, chambers of commerce from Escondido, National City, and Vista were there to support the utility, as were some nonprofits that get donations from the company. Representatives of the solar energy industry, as well as groups such as the Sierra Club, were there to oppose the measure. The proposal, if enacted, is certain to harm households that have installed rooftop solar or are taking moves to cut down utility usage sharply. Utilities fatten their bottom lines by building facilities that often use fossil fuels, such as coal or gas. Utilities estimate how much they will charge customers to finance these mostly-polluting power plants, and go to the CPUC, asking for a high rate of return. They normally get it. The more infrastructure the utilities build, the more their profits. But rooftop solar interferes with this source of profits. The utilities get less revenue, and because of California's net metering arrangement, household meters run backward when the sun is shining, providing power to the grid. Yesterday, the CPUC got a serious setback, as emails between the regulator and Pacific Gas & Electric (PG&E) showed that the commission has been blatantly favoring PG&E as the Bay Area utility fights to pay a lower penalty for its role in the 2010 San Bruno pipeline explosion that killed eight people. The CPUC's chief of staff resigned and Michael Peevey, the president, recused himself from the PG&E hearings. PG&E fired three officials. As a result, the agency might not be so bold in pressing for still another measure that will fatten utility profits. On the other hand, it's possible the CPUC hasn't been chastened. More stories by Don Bauder Senator's bill to stave off utilities' rape of ratepayers? — Nov. 20, 2017 SDG&E shocks solar users with rate change — Aug. 15, 2017 Facts about staggeringly high rates interrupt Peevey lovefest — Dec. 22, 2014 CPUC shows its inbred corruption — March 6, 2014 Clouds on SDG&E’s Sunny Plans — Jan. 28, 2009 Don Bauder Sept. 16, 2014 @ 8:30 p.m. Dennis Faulkner: Nuclear plants and solar farms from which the utilities bring electricity to metro areas are less polluting and are also in use. Still, the fossil fuels dominate. You are correct: anything that slows down progress of rooftop solar should be ashcanned. But the utility lobby is very strong in the legislature, and as we have vividly seen of late, the utilities control the CPUC. Best, Don Bauder JustWondering Sept. 16, 2014 @ 10:50 p.m. Guess the ROI on my roof top solar ain't going to pencil out as predicted... Figures now that I just had it installed in July. Sept. 17, 2014 @ 5:41 a.m. JustWondering: If SDG&E and the two other publicly-held utilities, Southern California Edison and Pacific Gas & Electric, succeed in this initiative, yes, your return on investment may be disappointing. That is why it is so important to fight this attempted rape of the ratepayer. Best, Don Bauder danfogel Sept. 17, 2014 @ 10:06 a.m. don bauder let me ask you a question. If you have installed a solar pv system, which I have, on all of my properties both personal residences and rental properties, and you haven't, both your ROI and your rate of return are mainly dependent on how much you are charged for electricity. and how much you use. I understand there are a few other variables involved, but basically the higher usage rate, the faster the return and the lower the rate, the slower the return on the same amount of usage. For example, the system I installed in Seattle will take longer to return than an identical system in San Clemente and a system in Tucson will return at a rate somewhere between the two. So my question is this. If my ratse go up in San Clemente, where I am serviced by SDG&E, how will my return be disappointing? I will be saving more because of the rate increase. Isn't that part of the reason for installing the system in the first place? Not just to save money now, but as a hedge against higher utility rates in the future, be that future a few years from now or even just a few months from now. That hedge is part of virtually every pitch every solar company makes. Seems to me that unless justwondering is one of those "large" users, his rate will go up not down and though he WILL be paying more for those kw hours that are used, he will be saving money because of NOT paying more for ALL of his electrical usage that he gets from his solar pv system. danfogel: You are well equipped with rooftop solar. Good for you. That should mean that you are a low user of electricity. If SDG&E, PG&E and Edison get away with what they are proposing, your rates will rise as a low user. Your next door neighbor, who has no solar, is probably a big user who will enjoy a cut in rates. This is just one way in which utilities are trying to thwart rooftop solar. As of last year, solar was only 3 percent of California's usage. Best, Don Bauder All true, but that wasn't my question, which was if my rates go up, how will my ROI be disappointing since my savings will be higher? Also, I may indeed be classified as a "small" user, but how would my neighbor, assuming you are speaking in general terms, not specific ones, necessarily be a "big" user, rather than an "average" one. My understanding is that classification would be based on usage, no by comparing to your neighbor. BTW, my house in SC began it's life as a little 1950's bungalow style home, 2 br/1b, of about 600sq ft. My wife and I bought it from the kids of the original owners about 20 yr ago. Right after we bought it we put on a huge addition, about 150 sq ft. Last year, when I decided to stay there and get rid of the big house in Calabasas, I did a major reno, including adding more space. My house is now a 3br 3 1/2b and totaling nearly 1100sq ft. I mean it's absolutely HUGE. LOL! FYI most of the homes in my neighbor hood were built in the 50s-60s and are around 1000-1200 sq ft. I wonder, how big is yours, in terms of sq ft? danfogel: If your rates go up, your ROI will go down -- not your ROI on your solar investment alone, but your ROI on all your energy needs. I assume solar doesn't permit you to go off the grid. Our house is 4100 square feet. When we had two boys, five cats, and two dogs in San Diego, we had a 2600 square feet home. Now that it's just the two of us, we are at 4100. Best, Don Bauder don bauder, that's interesting. First off, I just revisited your description of your property in Co. and all I can say is VERY cool. If someone asked me to describe the perfect place for me to retire to, yours description is better than anything I could come up with. Other than adding a large workshop, cos I have lots and lots of tools and love to tinker and maybe a green house, so I could grow a salsa/spaghetti garden in the winter, and you have what I would say is a perfect situation. I'm not envious of many people, but I have to make an exception in this case. I might go for a smaller house, but that's it. When I decided not to move back to SD, I was going to go back to the house in Calabasas. It's just over 3000 sq ft on just under 6 acres. It's pretty nice, but too big. It was marginally too big when it was my wife, my daughter and I, but without my wife and with my daughter happily ensconced in Seattle, I decided it was just too big and too quiet, so I sold it and settled in in SC. And even there at 1100 sq ft, it's more than I need, but it's where I call home even though I spend time in a couple of other places. AlexClarke Every time we the people try to conserve be it electricity or gas the purveyors of those products always find a way to offset any savings and enhance their bottom line. If all your electric usage is within the lowest tier it means that you probably have a small place and do everything you can to conserve. This is your reward. The CPUC is watching out for you. AlexClarke: The CPUC hasn't acted on this proposal yet. But you can bet that it favors it -- it favors anything that jacks up utility profits at the expense of ratepayers. Best, Don Bauder Shotgun Shela yeah RIGHT! :P Shotgun Shela: Keep spreading the word. Best, Don Bauder PeteHasapopoulos "These regulated monopolies [investor owned utilities] enjoy the same protection given to the telephone system prior to the 1970s, when rotary-dial phones came only in black, were owned by the monopoly and were rented to consumers who had no other option. Utilities hold a similar and largely unchallenged control over electricity. . ." This quote is from An Electric Revolution by the Galvin Electricity Initiative, which was founded by former Motorola CEO Robert Galvin. We don't have a choice in San Diego. We have a monopoly that won't relinquish its 19th century centralized power distribution model and wants us to live in the past with them. This is why the City of San Diego is overseeing a feasibility study of Community Choice Energy (aka Aggregation). With Community Choice here is what you get: 1) More renewables at competitive rates. Community Choice providers, such as the two already at work in California, offer their customers much more clean energy than the monopoly. In Sonoma County (www.sonomacleanpower.org) customers can choose 33% or 100% clean energy plans. In Marin County (www.mcecleanenergy.com) customers can choose 50% or 100% plans. In both places the rates for residential and business customers are either beating PG&E outright or are highly competitive. 2) Local control. With Community Choice a board of directors from our participating local governments would set rates for customers in public meetings using a process that encourages public participation and values transparency. 3) Local reinvestment. Millions of dollars leave San Diego County each year to pay for electric generation. Not with Community Choice. Over time, a Community Choice provider would buy increasing amounts of power from local sources, such as rooftop solar, while serving as a catalyst for local job creation. SDG&E fears Community Choice so much that they recently backed a bill (AB 2145) that would have prevented us from launching it here had it not died in the state senate. If you want more fossil fuel power plants, like the ones SDG&E wants to build in Otay Mesa and Carlsbad at a cost of over $4 billion to electricity customers, more greenhouse gases, and more air pollution, keep living in the past with SDG&E. It you would like to have the control over our energy destiny that Community Choice delivers please join Friends of San Diego Clean Energy, a partnership of Sierra Club, SD350.org, and the California Solar Energy Industries Association (the wonderful businesses putting solar on our rooftops). You can reach me at [email protected] PeteHasapopoulos: This is good additional information. Best, Don Bauder Dan Fogel, I have had solar on my roof for over 8 years and have had an excess generation each year. I'm still stuck with a connection fee of $5/month but now SDGE wants to double the charge for the connection fee. This does have an effect on my ROI. If I am generating an excess I should be able to get my annual fee to zero. Dennis: Yes, an increase in the connection fee would lower your ROI on solar, other things being equal. Best, Don Bauder dennis, obviously that would. I deal with both SDG&E and SCE, so I am right their with you. However, that is one of the other variables involved that I mentioned in my original comment. When I said rate increases, I was referring to what don bauder was saying about residential rate increases and the rate base growth expectations for new facilities. As he said, with all other things being equal, an increase in the connection fee would lower your ROI on solar. What I was referring to was that an increase in rates alone, across the board and not just for solar users, would not reduce your roi. Even with that $5.00 increase, for someone with $100 in usage per month, even just a 10% increase in rates would mean your roi increases. After last years increase, my usage was about $15-18 more per month. Even with a $5 connect fee increase, I'm still saving money. . BTW, if you think $5 is bad, you should check out what APS wants to do in Az. They want to add a surcharge for grid connected solar users, to the tune for as much as $50 per month, to offset wear and tear on their grid infrastructure. danfogel: One could argue cogently that an increase in rates alone would not reduce your strictly-solar ROI. But it would reduce your ROI on energy, and it would make solar less attractive financially. That proposed move in Arizona is horrible. Best, Don Bauder Danfogel, What's happening in AZ is my real concern. Dennis: It should be a real concern for everybody; every time a utility anywhere gets away with murder, other distant utilities should get nervous. The entire utility industry is fighting solar, and they are doing it collectively. Best, Don Bauder
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Good Guys, by Steven Brust New Books I’m Excited About! The Freeze-Frame Revolution, by Peter Watts In: Peter Watts The Freeze-Frame Revolution by Peter Watts Release Date: June 12th 2018 Where I got it: Received a review copy from the publisher (Thanks Tachyon!) How do you crew a ship whose mission will take hundreds or thousands of years? Let’s see, you could do a sleeper ship, a generation ship, for something a little more unusual you could go the route of Marina Lostetter’s Noumenon or David Brin’s Existence. Those options will surely cover you for a few hundred or maybe a thousand years. But what if the ship’s mission is even longer than that? What if we’re talking more like a million or more years? The mission of the Eriophora is building a gate system through the galaxy. As the gate system grows, the outbound growth of mankind will surely follow. Sunday and many of her crewmates are forever hopeful that something almost human will come out of the next gate they build. They are forever hopeful that their ship will finally receive a radio message that it’s time to come home. It’s been sixty million years, and they are still waiting for that message. No wonder the crew forms a music appreciation club, it’s not like there is much of anything else to do. Yes, you read that correctly, they’ve been hurtling through the galaxy, awake for only a few days out of every few hundred or thousand, for sixty million years. The solution sounded so simple, once upon a time. Raise a bunch of children to feel special, to feel chosen. Train them together, let them watch their AI grow and learn. Raise them to know the ship is their home, and everything they do, they do for the future and the betterment of mankind, and that being awake for 3 days out of every few hundred years is a completely normal thing. Trust the AI to keep them in line and convince them that it’s totally normal that in millions of years no one has invited them to come back home. The AI on the Eriophora, known as Chimp, is exactly as smart as he needs to be. He’s smart enough to wake a few people up when there are too many variables for him to work through, he’s smart enough to realize that humans need friends, so he wakes people up to work alongside people they know as often as possible, and he’s also smart enough to do his very best to keep the highest quantity of people alive. Chimp is smart enough to understand what a scapegoat is, he thinks he is smart enough to control communication between people who haven’t been in the same room together in hundreds of years. Chimp makes Hal9000 look like an idiot. Sunday never planned on being a revolutionary, or a double agent, but she’s about to become both. Can she outsmart a sly AI? And even if she does, then what? It’s not like they can just fly the ship home by themselves. Things get really creepy when Sunday and Chimp know he can have her sleep forever, if he wants. That he can kill off all her friends while she’s sleeping, and there is nothing she can do about it. Wow, the more I think about this book the more I think about the possible endgames, the creepier it all becomes. Two of Watts’ more famous novels, Blindsight and Echopraxia, feature genetic vampires as apex predators, Watts enjoys playing around with the idea of humans being prey, both literally and metaphorically. In those novels, it was human genetic biologists and engineers who created living vampires, and it became this intricate game of do the humans control the vampires, or do the vampires control the humans? (sort of like is your cat your pet, or has the cat got you trained to be at their beck and call?). Chimp was created by human engineers, and Chimp is controlled by his programming. . . right? Chimp controls all life support on the Eriophora, Chimp controls who gets to wake up for another few days, and if that person will ever again be awake at the same time as their friends. The programmers who programmed Chimp have been dead for millenia. So, do we control Chimp, or does Chimp control us? So many fun, wonderful, and horribly creepy questions out of this addictively readable little novel! Even if you don’t get into the plot, you’ll have a ball untangling all the questions and discussions about being alone but not lonely, trust, how to lie to an AI who knows you better than you know yourself, battling endgames, and really the list goes on. Watts tends to gravitate towards characters who are alone. Characters who are surrounded by co-workers, or crewmates, or family members, but who are ultimately alone inside their own heads. Freeze-Frame Revolution gives physicality to this alone-ness, the Chimp can wake you up whenever it wants, it can wait until every member of your tribe is dead before it wakes you up again. Sure, people have relationships in the book – lovers, friends, but it’s all transient, because who knows when you’ll ever see the person again, if ever? I suddenly see why the hive-mind community in Echopraxia was so alluring. Just longer than a novella, but not long enough to feel like a novel, The Freeze-Frame Revolution is a smartly written stand alone story with enough meat around the edges to easily be expanded into a longer work if the author ever wished. If you’ve never read Watts before, this new novel is an excellent place to start. If you like what you read in The Freeze-Frame Revolution, but want something shorter, Watts has some superb short stories floating around. Like what you read, but want something longer? Grab a copy of Blindsight, and prepare to have your mind blown. Tags: AI, far future, future, isolation, revolution, science fiction 10 Responses to "The Freeze-Frame Revolution, by Peter Watts" 1 | bormgans You’ve convinced me. While he intruiges me, I’ve stayed away from Watts before because his books seem a bit overdone, but this feels different. this new one is very subtle, almost sparse. Not overdone at all. 2 | bkfrgr Wow! This sounds right up my alley … *adding to wishlist* 😀 3 | MaverickSciFi Intriguing, I feel like i’ve read something very familiar…like an adult discovers a ship full of children with AI, racking brain. Will give this a look! MaverickSciFi Found it, Heinlein – Orphans of the Sky. Will read and dare to compare, thanks @RedHead i’m looking forward to your comparison! Will be interested to see what you think of Watts playing with an older idea. 🙂 4 | Lucille *adds everything to tbr* so, um, my blog will kinda blow up your TBR. #SorryNotSorry. That’s what it’s here for so ;D 5 | Book Review: Science Fiction: The Freeze-Frame Revolution by Peter Watts | Notes From the Darknet […] Other Reviews: GoodReads Publishers Weekly Medium Foreward Reviews File 770 Teleread.org Little Red Reviewer […] Are you at #ConFusionSF ? Are you driving home? Do you like Angry Orchard hard cider? If yes to all, find me!! 1 hour ago
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