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1/6 German RPzB 54 Antitank Rocket Launcher
ANNOUNCED ON: 12/3/2008
ARRIVED ON: 1/8/2009
Carton Size: 0.104 cbm
Commonly called the Panzerschreck (“tank terror”), the Raketenpanzerbüchse (or RPzB) was a highly effective antitank weapon. While not produced in the same numbers (289,151 were eventually manufactured by the end of WWII) as the disposable Panzerfaust, it had the advantage of being reusable and had a greater range of 150m. The Panzerschreck was actually copied from the American M1A1 bazooka, and offered far better penetration with its 88mm caliber. The RPzB54 succeeded the original RPzB43 in October 1943, and is easily identified by its blast shield that protected the operator. One disadvantage of the Panzerschreck was the amount of smoke it produced, which led to its nickname “stove pipe”!
Dragon’s burgeoning and popular 1/6 scale range of weapon accessories now includes a German RPzB54. The Panzerschreck is accurately proportioned and detailed, and includes fine touches such as a realistic sling. For added versatility, the kit also includes an ammunition case with realistic wood-grain pattern. There are also detailed RPzBGr 4322 rockets that allow realistic vignettes to be created with relevant figures. With a U.S. bazooka set already available (Item No. 75008 includes an M1 and M9 bazooka), this latest arrival allows collectors to model weapons from both sides of the conflict.
Figures Not Included
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A Brighter Summer Day
A BRIGHTER SUMMER DAY (Yang, 1991)
The Taipei (capital city of Taiwan) of director Edward Yang's film “A Brighter Summer Day” (1991), which takes place from 1959-1961, is familiar to just about any viewer. The teen protagonists are sick of being told what to do in school, they're absolutely crazy about rock 'n roll, and the boys and girls are growing increasingly crazy about each other. The parents, meanwhile, obsess over their kids' grades and how to pay the bills, while complaining about how young people today don't have any respect like in the good old days.
However, these universal themes play out in a specific time and place like no other. Yang, who just happened to be a teenager in Taipei at the same time, recreates a society built from pieces of so many others. The school is run by the Kuomintang-backed military (President Chiang Kai-shek had a knack for winning every election), the kids worship Elvis Presley and dress and snarl like rebellious Hollywood youths, and a Japanese samurai sword crops up in multiple scenes before playing a decisive role in the action. All of which makes sense for a country occupied by the Japanese for half a century, then ruled after the war by the Republic of China (not to be confused with the mainland People's Republic of China, or with the People's Front of Judea) which was, in turn, officially recognized by the United States government.
This hybrid condition is further underscored by the simple yet brilliant static shot of a tree-lined road that plays under the opening credits: in just over a minute, this quiet road is traveled by pedestrians, a horse-drawn cart, bicyclists, and motor cars, antiquity and modernity sharing lanes. Combine the uncertainty of a nation in transition and the eternal turbulence of adolescence and you have the combustible mix that leads to tragedy in Yang's somber, sympathetic epic.
The Zhang family tries its best to negotiate this perilous landscape, but a father (Chang Kuo-chu) unsure of his status as a minor government functionary and a mother (Elaine Jin) prone to asthma attacks can only offer so much help. Younger son Xiao Si'r (Chang Chen) is thus largely on his own as he tries to get by at a school he views with increasing contempt while also coping with an afterschool life dominated by two warring teen gangs, neither of which he is inclined to join. There may be reasons aplenty for his aloofness but don't look too deep; it's just in his DNA to be a loner. Trust me, I recognize the type.
Si'r has a lot of free time to fill and does so by hanging out with his friends, including the younger, scrappy Cat (Wong Chi-zan) who sings Elvis tunes in a phoneticized falsetto that produces the film's most memorable sound, as well as the movie's title, a slightly misheard Elvis lyric. Si'r also falls in love with Ming (Lisa Yang), a tenuous relationship that provides the source of many of his struggles as various boys consider her to be their property with Si'r identified as the intruder who must be “handled” with the might they have been taught is right by their authoritarian instructors, both at home and in school.
Still, the teen gangs seem innocuous enough at first, filled with young men strutting and preening to impress each other and, of course, girls, but petty territorial squabbles eventually turn bloody. Not just for the kids either. The father's insecurities prove well-founded when one day, out of the blue, the secret police come calling at his door and whisk him away from his family for days of relentless interrogation that is all the more violent for its bloodlessness. He is badgered day and night to confess everything in writing, and by “everything” his interlocutor truly means everything in his life and he is berated for every alleged omission no matter how minor.
Our nuclear family is under pressure from so many fronts it cannot help but decay. Pressures are exerted from within as well. The father and son clash over school evolves in multiple stages, while mother's chronic illness prompts her to remind her oldest daughter to “Hurry and grow up. My future depends on you.” But other than that, have a good time. It's no wonder the power keeps going out in this movie's Taipei; the wonder is that it somehow keeps coming back on.
Yang (who co-scripted with three other writers) often lets the action unfold at a leisurely pace in long shots, some with careful pans that explore restrictive spaces, others careful static compositions. In one of the key action sequences, a brutal assault by undetermined assailants takes place in near-dark settings, both its cause and its aftermath remaining unclear. Yet even though the story can sometimes be a bit challenging to follow, even at just under four hours “A Brighter Summer Day” still feels like it consists of nothing but the essential, rendering the heartbreaking finale both shocking and inevitable.
“A Brighter Summer Day” went largely undistributed for many years, even being shut out of most major festivals at the time. Critics who saw it at select venues championed the cause (like many people, I first learned about it from the great Jonathan Rosenbaum's passionate advocacy), resulting in its unusual status as a film hailed as one of the triumphs of '90s cinema while remaining largely unseen by most cinephiles. Its relative lack of availability was even more keenly felt when Edward Yang died in 2007 at the age of 59. Criterion's fabulous Blu-ray release is in the final step in correcting one of the great cinematic injustices of the past quarter century.
The film is presented in its original 1.85:1 aspect ratio. From the Criterion booklet: “This new 4K digital restoration, undertaken in partnership with The Film Foundation's World Cinema Project, was created from the 35 mm original camera negative on an ARRISCAN film scanner with wet-gate processing.”
Any quality transfer would be hailed as a gift considering the film has largely been available in North America only through mediocre bootlegs and downloads. However, by any standard, this restored high-def transfer is tremendous, with a rich, warm color palette and sharp image resolution throughout. If any boosting was required, it's subtle enough not to be noticeable, and I couldn't see any obvious signs of dirt, debris, or damage of any kind. Plenty of detail visible in the darker shots as well. Basically, this transfer is a knockout.
The linear PCM mono track isn't called for much dynamism. It's clear, functional and completely free of any hiss or distortion.
Since the film runs close to four hours, it fills up Disc One, the extra on the disc being a commentary track by critic Tony Rayns. I haven't had a chance to sample the commentary yet (watching a four-hour movie plus other extras takes up a bit of time) but Rayns is one of the finest English-language writers on Asian cinema so I look forward to checking it out in the near future.
Disc Two kicks off with the feature-length documentary “Our Time, Our Story” (2002, 113 min.) which covers twenty years of New Taiwan Cinema. I was really looking forward to learning more about the movement that produced great directors like Edward Yang, Hou Hsiao-hsien, Ang Lee, Tsai Ming-liang and others, some of my favorite contemporary filmmakers. I was disappointed by a documentary I found difficult to follow which doesn't mean it's bad. Rather, it's clearly made for Taiwanese audiences or other viewers who are familiar with the many political, historical and cultural references mentioned but often not explained in the film. I'm sure there's plenty of meat here, but I gave up after about 45 minutes when I realized I didn't know any more about New Taiwan Cinema than when I started the movie. Maybe I'll try again.
The disc also includes a new interview (2014, 19 min.) with lead actor Chang Chen who went on to great success after “A Brighter Summer Day” with roles in “Happy Together” and “Crouching Tiger, Hidden Dragon” among others. He tells of first meeting Yang through his father, who was an actor and friend of Yang's. This features also lets us see some of Yang's wonderful caricatures and sketches which he would use to help the actors create characters.
The final extra on Disc Two is “Likely Consequences” a 45 minute video of a play co-written and directed by Yang and performed in Taipei in 1992. The quality isn't so great and I can't say I found it riveting, but for hardcore Yang fans, well, it's there.
The slim fold-out insert booklet includes a new essay by critic Godfrey Cheshire and a June 1991 Director's Note by Edward Yang.
Ah, the wonder of Blu-ray. “A Brighter Summer Day” has rested atop the list of shamefully unavailable films for a few decades. Now it not only gets crossed off the list but can be seen with a tremendous high-def restoration and with ample extras on a two-disc release that will go down as one of the major film events of the year. I probably prefer Yang's magnificent "Yi Yi" (2000), one of my favorite films of the past twenty years or so, but "A Brighter Summer Day" is wonderful too. And now they're both available from Criterion.
Labels: Criterion, Yang.Edward
Better Things: The Life and Choices of Jeffrey Cat...
A Poem Is A Naked Person
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The Childhood of a Leader: Interview with Bradley Corbet
Seen at Venice International Film Festival, Venice (Italy)
Director: Brady Corbet
Writers: Brady Corbet, Mona Fastvold
Cast: Robert Pattinson, Stacy Martin, Liam Cunningham
UK, France, Hungary 2015
The actor-turned-director talks about Scott Walker, politics in cinema and the dilemma of having a high standard in filmmaking.
Loosely based on the short story of the same name by Jean-Paul Sartre, Brady Corbet’s directorial debut The Childhood of a Leader might be best described as the sum of its parts: historical psychodrama, arthouse horror and period mystery all come together in this demanding but strangely compelling film, which draws its study of the rise of fascism out of an unruly young boy’s tantrums and power struggles as he moves with his parents from the United States to France at the end of World War I. Set against the background of the 1919 Paris Peace Conference, the 27-year-old American actor-turned-director has crafted a film that is every minute as relentlessly rich and mesmerising as the striking, full-volume orchestral score by the great Scott Walker that accompanies it.
Pamela Jahn caught up with Brady Corbet at the Venice Film Festival in September 2015 to talk about Scott Walker, poetic films about politics and the dilemma of having a high standard in filmmaking.
Pamela Jahn: Your film has been one of the most eagerly awaited debut features to come out this year – no pressure then?
Brady Corbet: I knew that it would be a love it or hate it movie. To tell you the truth, the divided reactions that I experienced were more in the process of putting the film together, because when you are making a movie like this, where there is no exact road map of what it is supposed to be, people get very nervous and shaky, because they are frightened of what the reaction is going to be. And it was hard for myself to anticipate how the audience would take it, but to my surprise, the reactions have all been pretty good. People have been very patient and receptive to it and I am feeling a lot more relaxed now. Also, the film is inherently a little bit of punk, because you open with classical instrumentation but it’s like they’re playing ACDC…
It is also a very loud film.
Yes, I like things really fucking loud and Scott Walker does, too, so it was sort of a request that everything is at maximum volume (laughs).
It’s an impressive film not only from a technical point of view but also in terms of its narrative and production value, especially given that, I believe, it was made for very little money?
I’ve been given instructions to not ever say the budget out loud, but you are right, it wasn’t much and a lot less than what I think it looks like, too. The first person who really made the movie seem possible, in both a physical and creative sense, was our production designer Jean-Vincent Puzos. He designed Amour for Michael Haneke, but he’s also designed video installations for Philippe Parreno or blockbusters for Roland Emmerich, so he’s worked with a 6000-dollar budget right up to a 49-million dollar budget, and I mean 49-million dollars just for his department, not the film. He really had the solution for every problem that arose and he realised that, because of the way we set out to make this movie, we were going to be extremely specific about what we were seeing and what we were not seeing, and that helped a lot. And frankly, the film was so unconventional in its structure: a UK, Hungarian, French and Belgium co-production with an American director and a Norwegian producer and writer… basically the movie was the fucking Paris Peace Conference, at least it was about as effective. The amount of miscommunication was just shocking, on a daily basis. We had contracts that had to be translated into three different languages, the closing of the finances, which usually takes three or four weeks, took like four or five months.
Where did the idea for the story come from?
Part of the idea was to talk about how everybody is responsible for the events that define the twentieth century, that there is a certain sense of culpability, and that partly goes back to Margaret MacMillan’s book Paris 1919, where she gives a very sober account of the events of the Peace Conference. Her book is infinitely more complex and academic and more intelligent and well-rounded than any movie on the subject could ever be, but we didn’t really set out to make a political film anyway, we set out to make a poetic film about politics. It’s interesting though, because historically speaking there already are a lot of poetic film about politics, everything from The Conformist to Saló, not just on the subject of fascism, but those are the ones that spring to mind right now. But weirdly, when we were trying to raise soft money for the project, we were told poetry and fantasy do not belong with history, and I found that really bizarre, because the thing is that history is always only a version of history anyway, it’s always a bit of fiction. And therefore there is a reason why a new book on Napoleon comes out every nine or ten years, and you wonder, what more could you have possibly learned in the last nine years to make it a new definitive account of the events, that the last guy who wrote a book on him didn’t know? It’s always a point of view. So, the fact that we were dealing with history, in a sense, never disturbed us from borrowing from a number of different events and sources and to sort of merge them into something that was original and cinematic.
Looking at your film on some level it almost feels like it could have been made in the 70s, though with a contemporary twist. Do you sometimes feel like you would have preferred to make films back then?
Not really, and I definitely don’t resent my era at all, because I am only 27, and so I think we are going to see a lot of amazing things over the course of the next 30, 40, 50 years… depending how long the universe decides to keep me around. But something that bugs me is that I see probably 200 movies in a year and I come out of my year talking about only five of them. There is a lot of content around these days, and images and films are more disposable than ever, and mediocrity is… it takes an awful lot to make a very good film, and it doesn’t happen very often any more. And of course I can only speak for myself and what I see, but I feel like something happened in the 90s, where a lack of ambition became really celebrated for some reason. It partly happened because of the digital revolution, I think, which first was genuinely exciting but now you are almost expected to do something anti-cinematic, just because you can. And the only reason that frustrates me is that somehow that very low standard in filmmaking has made it very difficult to have a very, very high standard. So I am not resentful of my era, I think right now I am just a little tired. Because you work so hard on something, and although you don’t need it to be accepted by everyone, you want to make sure that it doesn’t just go to the graveyard either, so you work even harder.
How tricky was it to get Scot Walker involved?
A lot less tricky than it was to raise money for the film, for sure. First, I didn’t think he would say yes, but we thought we would really try, because we thought it would be so appropriate given that he has written so many lyrics on the subject of tyranny in the twentieth century, and it’s a recurring theme in a lot of his music. Also because of the architecture of his avant-garde pop songs… and they really are pop songs in the way that it’s very easy to listen to them over and over again, despite them being abrasive and challenging. There is some kind of souterrainian [is this the right word?] melody in his music that keeps you coming back for more. I find everything about Scott Walker deeply inspiring but especially for this project. So we wrote a lot of letters, it was the same letter but we sent it to a lot of different sources, to make sure he would get it. And he did, and three days later he said yes. And I got this email which said, ‘Dear Brady’, and I kind of thought, oh, this is really nice that he made the effort to write this rejection letter himself. I was the most excited I’d ever been to get rejected. But then he said, ‘Great, I really look forward to working together’, and I was just really amazed. I mean I was 23 or 24-years-old at that point and I couldn’t really believe it. And as you know, it took years to finally get the film together, but he’s used to working on projects for a long time and so it all worked out in the end.
Interview by Pamela Jahn
Brady Corbetpolitical cinemaVenice Film Festival
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Misogyny in Gale Male Parenting: A Case Vignette
In an excerpt from our book A Womb of Her Own (Routledge 2017) Dr. Richard Ruth writes as follows:
The men I will call Tom and Rick, a gay male couple in their thirties, originally sought couple and family therapy for help with their adolescent son, who I will call Mike,. They described Mike as defiant at home and achieving poorly in school. Tom and Rick had been together nine years when our work together began.
Tom became Mike’s father in a previous heterosexual marriage. He entered into the marriage though he knew he was “mostly gay” at the time. He told me he had spoken about this with the woman who, by the time of the therapy, was his ex-wife, before they married, but I learned that they never had explored the implications deeply.
Tom assumed sole parental responsibility for Mike, his only child, with the consensual dissolution of the marriage and with the formal and legal agreement – again, not deeply considered together – of his ex-wife, who had a history of psychiatric problems, when she and Tom negotiated their divorce. Tom spoke about his ex-wife in disparaging terms, with an overtly misogynist cast, referring to her as “crazy,” “dysfunctional,” and “hysterical,” sourcing these traits in her femaleness. In our early sessions, he never narrated how he had come to care for her and to marry her, nor how it had come to be that he had made no overtures toward including her in parenting decisions and the parenting process with Mike, either at the time of the divorce or in the subsequent years.
Tom showed signs of bipolar disorder, though this had not been diagnosed at the time the couple began their four years of work with me. He equated his inattentiveness, periods of elevated mood, forgetfulness, and rejection of others’ social expectations of him with the degrees of freedom from conventionality he assumed as an out, gay man. Tom was out to the members of his working-class family of origin, who lived in another state and with whom he wished, and had, little contact. He also was out to his co-workers, and preferred to socialize almost exclusively with other gay men.
Rick became sexually active with other males as a teenager, but he did not begin identifying as gay until after he had been with Tom, his first and only committed partner, for two years. Unlike Tom, he was from a middle-class family and had a college education. He described himself as “out to himself” and to a few close friends, but not to his co-workers or to his family of origin. He liked going to gay bars, sometimes with Tom and sometimes on his own, and participated in social organizations in the gay community. In his personal manner, and in his behavior in sessions, however, I found him anxious, introverted, and quite shy.
In their initial meetings with me, Tom and Rick assumed that the gay solidarity they correctly perceived to be present among us would leave important questions and assumptions unexplored. They wanted help with Mike’s “problem behaviors”; they did not want to explore their early histories, their inner lives, their dynamics as a couple, or their relationships with Mike’s mother or with anyone else. I negotiated with them that this could not be so in meaningful psychotherapy; they warily and grudgingly agreed, ceding me authority as “the doctor” that I experienced as investing me with an element of male and heteronormative privilege (that they knew I was gay did not seem to be an obstacle to the unfolding of this process, which I understood as a kind of projective identification).
Rooted again in their perception of what they felt gay solidarity with me brought with it, in early sessions Tom and Rick would make “humorous” comments putting down Mike’s mother and other women, and assumed I would share their bemusement. I let them know they were welcome to speak freely with me, but that I did not share their perspectives on women, and hoped they would explore with me how they had come to hold their attitudes toward women. I told them these attitudes might be more relevant than they thought to their difficulties with Mike. They were skeptical.
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Sir Ian Holm, star of Lord of the Rings and Alien, dies at 88
Thread: Sir Ian Holm, star of Lord of the Rings and Alien, dies at 88
2020-Jun-19, 02:09 PM #1
Stage and film actor Sir Ian Holm, who played Bilbo Baggins in The Lord of the Rings films, has died aged 88.
Sir Ian, Oscar-nominated as Olympic running coach Sam Mussabini in Chariots of Fire, also played the android Ash in 1979's Alien.
"It is with great sadness we can confirm that the actor Sir Ian Holm CBE passed away this morning at the age of 88," his agent said in a statement.
"He died peacefully in hospital with his family and carer," he added.
https://www.the-solute.com/if-you-ca...olm-1931-2020/
RIP Ian Holm, I remember many movies you CTED IN. Your talents will be missed.
2020-Jun-20, 02:45 AM #5
I was surprised that such an accomplished and experienced actor should have stopped performing on the stage due to severe "stage fright". Apart from all the other performances mentioned I enjoyed his work in the TV adaption of Len Deighton's "Game, Set and Match". In fact I think I might re-watch for the first time in near 30 years.
Stage fright actually keeps any number of actors from the stage. Acting for the camera and acting for the stage trigger different emotional reactions that way.
I was thinking about narrowing down when I first saw him and considered it had to be as Napoleon in Time Bandits, even though I never knew it at the time. It was the first film I saw in a theatre. Funny that. I must have seen him in loads of movies (Brazil, Henry V) before I knew who he was. The first time I recognised him in a film (ie, after seeing Alien) was The Sweet Hereafter, which is an amazing movie he's brilliant in.
"Occam" is the name of the alien race that will enslave us all eventually. And they've got razors for hands. I don't know if that's true but it seems like the simplest answer."
Stephen Colbert.
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Protein-fortified Spaghetti
Protein-fortified Spaghetti Nutrition Facts
Spaghetti, protein-fortified, dry, enriched (n x 5.70)
Spaghetti, protein-fortified, cooked, enriched (N x 5.70)
100 grams of Protein-fortified Spaghetti contain 375 calories, the 19% of your total daily needs.
100 grams of Protein-fortified Spaghetti contain 67.56 grams of carbohydrates, is fiber-free, 19.86 grams of protein, 8 milligrams of sodium, and 9.23 grams of water
Protein-fortified Spaghetti have 0 milligrams of Cholesterol and 2.23 grams of fat.
It also contains some important vitamins you can see below: Vitamin B-9 (278 mg), Vitamin B-3 (7.65 mg) or Vitamin B-1 (1.18 mg).
Nutrients in Protein-fortified Spaghetti
An average adult needs 2,000 calories per day, so you may have 375 calories from 100 grams of Protein-fortified Spaghetti, the 19% of your total daily needs.
100 grams of Protein-fortified Spaghetti contain 67.56 grams of carbohydrates, the 23% of your total daily needs.
Protein-fortified Spaghetti is sugar-free
Protein-fortified Spaghetti is fiber-free
100 grams of Protein-fortified Spaghetti contain 8 milligrams of Sodium, the 1% of your total daily needs.
100 grams of Protein-fortified Spaghetti contain 9.2% of water, 9.23 grams.
100 grams of Protein-fortified Spaghetti contain 19.86 grams of protein, the 40% of your total daily needs.
How many vitamins in Protein-fortified Spaghetti
Vitamins can be either water-soluble (C and the B vitamins) or fat-soluble (A, D, E and K). Water-soluble vitamins circulate in the bloodstream and do not get stored as long time. Conversely Fat-soluble vitamins can be stored in the body for several years, so it takes longer to develop deficiency.
Some of the vitamins found in Protein-fortified Spaghetti are: Vitamin B-9 (278 mg), Vitamin B-3 (7.65 mg) and Vitamin B-1 (1.18 mg).
Vitamin B1 is one of the eight water-soluble B vitamins. it plays an essential role in the production of energy from food, the conduction of nerve impulses and synthesis of nucleic acids. 100 grams of Protein-fortified Spaghetti contains 1.18 milligrams of Vitamin B-1, that’s the 79% of the daily recommended value for an adult.
The main functions of vitamin B2 (riboflavin) are connected to its role as a helper the body to convert vitamin B6 and vitamin B9 into active forms, neutralize ‘free radicals’ that can damage cells and produce energy converting food into glucose. In 100 grams of Protein-fortified Spaghetti, you can find 0.47 milligrams of Vitamin B-2. It provides the 28% of the daily recommended value for the average adult.
Vitamin B3 is one of the water-soluble B vitamins. It is also known as niacin (nicotinic acid) and plays an important role in the disease risk reduction of diseases like Cancer and Diabetes. In 100 grams of Protein-fortified Spaghetti, you can find 7.65 milligrams of Vitamin B-3. It provides the 38% of the daily recommended value for the average adult.
Health Benefits of Vitamin B5 include cholesterol and triglycerides reduction in the blood, the acceleration of wound healing -especially following surgery- and help with symptoms of rheumatoid arthritis. 0.68 milligrams of Vitamin B5 can be found on every 100 grams of Protein-fortified Spaghetti, the 7% of the total daily recommended Vitamin B-5 intake.
Folic acid (Vitamin B9) is essential for the proper functioning of the body and healthy living. It plays an important role in maintaining healthy digestive system, hair, skin, kidneys and eyes. 100 grams of Protein-fortified Spaghetti contains 278 micrograms of Vitamin B-9, that’s the 70% of the daily recommended value for an adult.
Minerals in Protein-fortified Spaghetti
The body needs many minerals; these are called essential minerals. Essential minerals are sometimes divided up into major minerals (macrominerals) and trace minerals (microminerals). A balanced diet usually provides all of the essential minerals.
Some of the minerals found in Protein-fortified Spaghetti are: Potassium (201 mg), Phosphorus (163 mg) and Magnesium (65 mg).
Calcium phosphate is the main component of bone. The average human contains about 1 kilogram of calcium. This is the reason why Calcium is essential to all living things, particularly for the growth of healthy teeth and bones. 100 grams of Protein-fortified Spaghetti contains 39 milligrams of calcium, that’s the 4% of the daily recommended value for an adult.
Iron plays a vital role in the conversion of blood sugar to energy, red blood cells production, transportation of oxygen around your body, and production of enzymes -which play a vital role in the production of new cells, amino acids, hormones and neurotransmitters-. 4.15 milligrams of iron can be found on every 100 grams of Protein-fortified Spaghetti, the 23% of the total daily recommended iron intake.
Potassium is a very significant body mineral, important for your body's electrolyte functions and essential element to maintain a healthy blood pressure. The right potassium intake can prevent hypertension. 100 grams of Protein-fortified Spaghetti contains 201 milligrams of potassium, that’s the 4% of the daily recommended value for one person.
Magnesium play a vital role in more than 300 biochemical reactions in the body. Its needed for maintain normal nerve and muscle function, regulate blood glucose levels or maintain healthy immune system. 65 milligrams of magnesium can be found on every 100 grams of Protein-fortified Spaghetti, the 16% of the total daily recommended magnesium intake.
Phosphorus is commonly found in the body as phosphate. It is an essential mineral primarily used for growth and repair of body cells and tissues. Also facilitates a protein formation, hormonal balance, and effective digestion in the human body. In 100 grams of Protein-fortified Spaghetti, you can find 163 milligrams of phosphorus. It provides the 16% of the daily recommended value for the average adult.
Sodium is a mineral that occurs naturally in many foods. It has two primary beneficial effects: control blood volume and blood pressure, and it allows the properly working of muscles and nerves. 8 milligrams of sodium can be found on every 100 grams of Protein-fortified Spaghetti, the 1% of the total daily recommended sodium intake.
Zinc Mineral plays a vital role helping to boost the immune system and promote healing. Low levels of Zinc in the body can cause diabetes and sickle cell disease (HIV). In 100 grams of Protein-fortified Spaghetti, you can find 1.79 milligrams of zinc. It provides the 12% of the daily recommended value for the average adult.
The use of copper dates back to ancient times. This mineral is vital for building tissue, producing energy in cells and maintaining blood volume. 100 grams of Protein-fortified Spaghetti contains 0.27 milligrams of copper, that’s the 14% of the daily recommended value for a person.
Manganese is a mineral naturally occurring in your body in very small amounts . It is a powerful antioxidant that neutralizes the Free Radicals damaging particles in the human body. In 100 grams of Protein-fortified Spaghetti, you can find 0.91 milligrams of manganese. It provides the 46% of the daily recommended value for the average adult.
Calories in Protein-fortified Spaghetti
An average adult needs 2,000 calories per day to maintain bodily functions, so you may have the 19% of your total daily needs from 100 grams of Protein-fortified Spaghetti (375 calories / 100 grams).
Estimated amounts of calories needed to maintain energy balance for various gender and age groups at three different levels of physical activity.
100 grams of Protein-fortified Spaghetti contain the 3% of your total daily needs: 2.23 grams of total fat.
The estimated daily calories needed for a 133-lb. person to maintain her or his weight are 2000 calories/day. Considering Humans Convert 30% of total calories to grams of fat, the resulting 600 calories are the equivalent to 65 grams of fat.
100 grams of Protein-fortified Spaghetti contain 0.32 grams of saturated fat, the 2% of your total daily needs.
Data Facts Table of Protein-fortified Spaghetti
Carbohydrates 67.56 gr 23 %
Water 9.23 mg 9.2 %
Zinc 1.79 mg 12 %
Copper 0.27 mg 14 %
Rice, brown, long-grain, raw Rice, white, steamed, Chinese restaurant Rice noodles, cooked Wheat germ, crude Corn bran, crude Noodles, egg, cooked, enriched, with added salt Cornmeal, degermed, unenriched, yellow Rice, white, long-grain, parboiled, enriched, cooked
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Home » How a Astra works
Embedded video for How a Astra works
The Astra modelo 400 was a Spanish service pistol produced by weapons manufacturer Astra-Unceta y Cia SA as a replacement for the Campo-Giro 1913/1916, which had also been chambered in 9mm Largo. It was the standard issue sidearm in the Spanish Army during the Spanish Civil War and also saw service in Germany during World War II.
The pistol was mass-produced and many examples still exist today. The Spanish Navy, along with the German Luftwaffe and the Chilean Navy primarily use the smaller variant Astra 300 and the Wehrmacht later altered the Astra 400 into the Astra 600 to better handle the 9mm Luger. The 400 was considered heavy as in order to handle the power of the 9mm Largo round in a blowback action the 400 had a reinforced slide and tough spring.
The Spanish War Ministry of King Alfonso XIII began tests in 1919 to replace the Campo Giro pistol as the standard military sidearm.[2] The 9mm Largo Astra modelo 400, patented by Pedro Careaga, was selected for the Spanish Army in August 1921, and was also adopted by other Spanish Armed forces. Astra pistols were supplied to Republican Spain and to the Basque government which controlled the plant until the Bombing of Guernica in April, 1937. Astra pistols were subsequently produced for Nationalist troops, while Republican forces made approximately 22,000 copies of the pistol in Terrassa (marked F. Ascaso) and Valencia (marked RE for Republica Española). Astra production after the civil war was for Nationalist troops except serial numbers 92851 to 98850 for Nazi Germany. Astra continued private production until 1950 even though in 1946 the Spanish military adopted the Star Model A as the standard sidearm. Spanish military inventories were sold to civilian wholesalers between 1956 and 1965. A total of around 106,175 pistols were produced.
The Astra 400 is heavy compared to many contemporary service pistols of the time like the Tokarev TT-33 but is similar in weight and length to the Colt 1911. The Astra 400 was designed to be safe to fire with a simple blowback action unaided by any breech-locking devices. This is only possible with a heavy slide and strong recoil spring. It was fitted with an internal hammer which was considered very hard to cock. The pistol also featured grooved finger grips and left sided combined slide lock/safety behind the trigger guard. The original design was chambered in 9mm Largo, but later variants would be chambered differently so as to better fulfill different military needs.
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Title: Get Born
Subject: Jet (band), ARIA Music Awards of 2004, Are You Gonna Be My Girl, Cold Hard Bitch, Look What You've Done
Studio album by Jet
Sunset Sound Studios, 2003
Garage rock, hard rock, alternative rock
Elektra, Capitol[1]
Dave Sardy
Jet chronology
Dirty Sweet EP
(2003) Get Born
(2003) Rare Tracks
Singles from Get Born
"Are You Gonna Be My Girl"
Released: August 25, 2003 (2003-08-25)
"Rollover DJ"
"Look What You've Done"
"Cold Hard Bitch"
Released: March 2, 2004 (2004-03-02)
Released: September 2004 (2004-09)
Get Born is the debut studio album by Australian rock band Jet. It was released on 14 September 2003 and has sold over 3.5 million copies worldwide. The album includes Jet's most popular song, "Are You Gonna Be My Girl".[2]
Making of the album 1
Critical reception 2
Lead single 2.1
B-sides 4
Additional musicians 5.1
Charting positions 6
Charts and certifications 7
Album 7.1
Decade-end charts 7.2
Singles 7.3
Making of the album
Jet entered the Sunset Sound Studios in Los Angeles with Dave Sardy to produce their debut album Get Born. Sardy had previously produced records for Marilyn Manson and The Dandy Warhols. The band left the recording studios halfway through recording the album to fly back to support the Rolling Stones on their 2003 Australian tour.
"Are You Gonna Be My Girl", from this album, was voted number one in the 2003 Triple J Hottest 100. Get Born also has a song, "Timothy", dedicated to guitarist Cameron Muncey's brother, who died when he was a baby (the song has also been remixed for American rapper Timbaland's 2009 album Shock Value II). The track "Radio Song" was written about when they were an unsigned band in Melbourne seeking attention, and "Rollover DJ" was written about the difficulty they encountered when trying to play gigs because of the takeover of dance music.
The album's name was derived from a lyric to the Bob Dylan song "Subterranean Homesick Blues".[3]
Alternative Press [5]
Blender [6]
Robert Christgau [7]
Entertainment Weekly B+[8]
Pitchfork Media 3.7/10[9]
Q [10]
Rolling Stone [11]
Spin B–[12]
Uncut [13]
Get Born received generally positive reviews from contemporary music critics. At Metacritic, which assigns a normalized rating out of 100 to reviews from mainstream critics, the album received an average score of 70, based on 15 reviews.[14] Alternative Press gave it a rave review and found Jet's songs "catchy" and their appeal "diverse".[5] Q magazine said that the album's raw immediacy "belies its dated influences."[10] Uncut called it "an efficient if fairly joyless hybrid of the Stones, AC/DC and Oasis."[13] In a negative review, Pitchfork Media wrote that Jet sounds like "everyone's favorite old rock bands" and have "insipid lyrics", including interjections such as "Come On!" and "Oh Yeah!" sung "every five seconds".[9] Robert Christgau of The Village Voice cited "Rollover D.J." and "Look What You've Done" as highlights and remarked that the band has "the juice and talent to make their retro happen without the brains or vision to run with it".[15] He gave the album a two-star honorable mention,[7] indicating a "likable effort consumers attuned to its overriding aesthetic or individual vision may well enjoy."[16] In October 2010, Get Born was listed in the book 100 Best Australian Albums.[17]
Lead single
The album's lead single, "Are You Gonna Be My Girl", was often singled out due to distinct similarities to Iggy Pop's "Lust for Life". The song featured a near-identical guitar riff, as well as a drum pattern markedly similar to that of Pop's well-known song. The band argued that "Are You Gonna Be My Girl" had more in common with '60s Motown, however - namely songs such as "I'm Ready for Love" by Martha And The Vandellas and "You Can't Hurry Love" by The Supremes. In an Allmusic review of "Are You Gonna Be My Girl", the song was praised for its commercial appeal despite its resemblance to "Lust for Life", saying "Whether 'Are You Gonna Be My Girl?' (sic) is creatively bankrupt, or just an extreme example of how all music is influenced by what came before it, is up for debate... Either way, the song is impossible to ignore.[18]
Chris Cester addressed the media speculation in a Jared story interview for Uptown Magazine Online,[19] stating: "It's funny because I asked him point blank about that. He said I was crazy. He said that when he and David Bowie were writing 'Lust for Life', they were ripping off Motown's beat. It's funny that he said that to me because we also thought we were ripping off Motown more than 'Lust for Life'. To be honest with you that kind of annoyed me a lot, because I always thought it was really lazy. People just go well 'Lust for Life' is more well-known so that's what they go for, but if you listen to a song like 'You Can't Hurry Love' (The Supremes) I think you'll find it's closer to 'Are You Gonna Be My Girl' than 'Lust for Life' ever was. And that's what Iggy said as well."[19]
All songs written by Nic Cester and Chris Cester, except where mentioned.
1. "Last Chance" (C. Cester, C. Muncey) 1:52
2. "Are You Gonna Be My Girl" (N. Cester, C. Muncey) 3:34
3. "Rollover DJ" 3:17
4. "Look What You've Done" (N. Cester) 3:50
5. "Get What You Need" (N. Cester, C. Cester, C. Muncey) 4:08
6. "Move On" 4:21
7. "Radio Song" (N. Cester, C. Cester, C. Muncey) 4:32
8. "Get Me Outta Here" 2:56
9. "Cold Hard Bitch" (N. Cester, C. Cester, C. Muncey) 4:03
10. "Come Around Again" (N. Cester, C. Muncey) 4:30
11. "Take It or Leave It" (N. Cester, C. Muncey) 2:23
12. "Lazy Gun" 4:42
13. "Timothy" (C. Cester) 4:32
Limited edition bonus track
14. "Sgt. Major" (N. Cester, C. Cester) 4:04
"Hold On" – featured on the soundtrack for the movie Spider-Man 2
"Hey Kids" – B-side to "Are You Gonna Be My Girl"; also featured on the soundtrack to the movie Elektra. A re-recorded version appeared on the North American version of Shine On.
"You Were Right" – B-side to "Are You Gonna Be My Girl"
"Everlovin Man" – B-side to "Cold Hard Bitch"
"Aint That a Lotta Love" – B-side to "Cold Hard Bitch"
"You Don't Look the Same" – B-side to "Cold Hard Bitch"
"Bruises" – B-side to "Look What You've Done"
"Cigarettes and Cola" – B-side to "Look What You've Done"
"Backdoor Santa" – B-side to "Rollover DJ"
"Sgt. Major" – B-side to "Rollover DJ", Bonus track in limited editions of Get Born
"That's All Right Mama" – Featured on bonus disc in limited editions of Get Born
Note: Live versions of "Cold Hard Bitch", "Move On", "Are You Gonna Be My Girl", "Get Me Outta Here" and "Last Chance" are featured on a bonus DVD or CD on limited editions of Get Born
Nic Cester – lead vocals, guitars
Chris Cester – drums/percussion, tambourine, backing vocals
Cameron Muncey – guitars, backing vocals, lead vocals (on "Radio Song")
Mark Wilson – bass guitar, piano (on "Look What You've Done"), harmonica (on "Move On")
Billy Preston – keyboards
Roger Joseph Manning Jr. – keyboards
Andre Warhurst – slide guitar on "Move On"
Dave Sardy – tambourine, slide guitar on "Lazy Gun", additional guitar on "Are You Gonna Be My Girl?"
Producer: Dave Sardy
Charting positions
Get Born debuted at #3 and peaked at #1 on the Australian ARIA Albums Chart as of May 2004 (so far being certified 8X Platinum), #17 on the UK Albums Chart (#14 after a re-entry in June 2004), and has peaked at #26 on the U.S. Billboard 200 albums chart (and being certified Platinum).
"Are You Gonna Be My Girl?" also peaked at #20 and certified gold on the Australian ARIA Singles Chart, #23 on the UK Singles Chart in September 2003 (#16 after a re-release in May 2004), and #29 on the U.S. Billboard Hot 100 singles chart.
The second single, "Rollover DJ", was released in Australia and the UK, and peaked at #31 and #34 respectively.
The third single released in Australia and the UK was "Look What You've Done", which peaked at #14 and #28 respectively. It was also released as the third single in the U.S. in January 2005, and reached #37 as of March 2005.
In the U.S., "Cold Hard Bitch" has been released as the second single reaching number one on the Billboard Modern Rock and Mainstream Rock charts and number 55 on the Billboard Hot 100 as of May 2004. In Australia, it was released as the fourth single in July 2004, and has reached #33 in August 2004, and in the UK, it reached #34 in September 2004.
A fifth single also charted in the UK, this being "Get Me Outta Here", reaching #37 in December 2004.
In the week ending 11 September 2006, Get Born re-entered at a position of #46 on the ARIA Charts, presumably due to the fact that Jet had "Put Your Money Where Your Mouth Is", the lead single from their second album, Shine On.
Charts and certifications
2003 Billboard Heatseekers 1
The Billboard 200 85
2004 The Billboard 200 26
UK Album Chart 14
ARIA Top 40 1
Italian Albums Chart 14
Decade-end charts
Chart (2000s)
Australian Albums Chart[20] 7
2003 "Are You Gonna Be My Girl" Mainstream Rock Tracks 29
Modern Rock Tracks 13
2004 Billboard Hot 100 29
Mainstream Rock Tracks 7
Modern Rock Tracks 3
UK Singles Chart 16
ARIA Singles Chart 20
"Cold Hard Bitch" Billboard Hot 100 55
"Rollover DJ" Mainstream Rock Tracks 14
"Look What You've Done" Billboard Hot 100 37
Mainstream Rock Tracks 33
^ Jet (2) - Get Born (CD, Album) at Discogs
^ Jet Get Born Limited Edition DVD 15.03.04
^ "Subterranean Homesick Blues"
^ Sendra, Tim. Get Born at AllMusic. Retrieved 24 April 2005.
^ a b "Review: Get Born".
^ "Review: Get Born".
^ a b Christgau, Robert. "Album: Jet: Get Born". Robert Christgau. Retrieved 5 July 2013.
^ a b Sylvester, Nick (30 October 2003). > Album Review"Get Born"Jet .
^ Kemp, Rob (27 November 2003). > Album Review"Get Born"Jet .
^ "Breakdown".
^ "Get Born Reviews, Ratings, Credits, and More".
^ Christgau, Robert (2000). "Key to Icons". Robert Christgau. Retrieved 5 July 2013.
^ Phares, Heather. Are You Gonna Be My Girl > Song Review at AllMusic. Retrieved 17 December 2006.
^ "ARIA Chart Sales – ARIA End of Decade Albums/Top 100" (PDF). ARIA Charts. Retrieved 12 December 2010.
Michael Bublé by Michael Bublé Australian ARIA Albums Chart number-one album
17–30 May 2004 Succeeded by
Under My Skin by Avril Lavigne
Nic Cester
Chris Cester
Cameron Muncey
Shaka Rock
Dirty Sweet
Right! Right! Right!
"Put Your Money Where Your Mouth Is"
"Bring It on Back"
"Rip It Up"
"Shine On"
"Stand Up"
"I Spy I Spy"
"The Wild One"
"She's a Genius"
"Black Hearts (On Fire)"
"Seventeen"
ARIA Award for Album of the Year
Whispering Jack by John Farnham (1987)
Man of Colours by Icehouse (1988)
Temple of Low Men by Crowded House (1989)
Matchbook by Ian Moss (1990)
Blue Sky Mining by Midnight Oil (1991)
Baby Animals by Baby Animals (1992)
Hepfidelity by Diesel (1993)
The Honeymoon Is Over by The Cruel Sea (1994)
Don't Ask by Tina Arena (1995)
Hourly, Daily by You Am I (1996)
Savage Garden by Savage Garden (1997)
Unit by Regurgitator (1998)
Internationalist by Powderfinger (1999)
Reflector by Killing Heidi (2000)
Odyssey Number Five by Powderfinger (2001)
Barricades & Brickwalls by Kasey Chambers (2002)
Vulture Street by Powderfinger (2003)
Get Born by Jet (2004)
The Sound of White by Missy Higgins (2005)
Tea & Sympathy by Bernard Fanning (2006)
Young Modern by Silverchair (2007)
Apocalypso by The Presets (2008)
Walking on a Dream by Empire of the Sun (2009)
Down the Way by Angus & Julia Stone (2010)
Moonfire by Boy & Bear (2011)
Making Mirrors by Gotye (2012)
Lonerism by Tame Impala (2013)
1000 Forms of Fear by Sia (2014)
ARIA Award for Breakthrough Artist
...Ish by 1927 (1989)
Tales of the City by Rockmelons (1989)
Safety in Numbers by Margaret Urlich (1991)
Marvin the Album by Frente! (1993)
Get on Board by The Badloves (1994)
Frogstomp by Silverchair (1995)
Tu-Plang by Regurgitator (1996)
Left of the Middle by Natalie Imbruglia (1998)
The Living End by The Living End (1999)
Since I Left You by The Avalanches (2001)
Innocent Eyes by Delta Goodrem (2003)
Wolfmother by Wolfmother (2006)
Sneaky Sound System by Sneaky Sound System (2007)
Lessons to Be Learned by Gabriella Cilmi (2008)
Ladyhawke by Ladyhawke (2009)
"That's When I Think of You" by 1927 (1989)
"Tucker's Daughter" by Ian Moss (1990)
"Token Angels" by Wendy Matthews (1991)
"Early Warning" by Baby Animals (1992)
"Ordinary Angels" by Frente! (1993)
"Lost" by The Badloves (1994)
"Tomorrow" by Silverchair (1995)
"It's Alright" by Deni Hines (1996)
"Shut My Eyes" / "Eight Step Rail" by The Superjesus (1997)
"Torn" by Natalie Imbruglia (1998)
"Lucky Star" by Alex Lloyd (1999)
"Get Set" by Taxiride (1999)
"Don't Call Me Baby" by Madison Avenue (2000)
"Frontier Psychiatrist" by The Avalanches (2001)
"Get Free" by The Vines (2002)
"Born to Try" by Delta Goodrem (2003)
"Are You Gonna Be My Girl" by Jet (2004)
"O Yeah" by End of Fashion (2005)
"Forever Young" by Youth Group (2006)
"Just a Song About Ping Pong" by Operator Please (2007)
"Sweet About Me" by Gabriella Cilmi (2008)
"My Delirium" by Ladyhawke (2009)
"Feeding Line" by Boy & Bear (2011)
I Believe You Liar by Megan Washington (2010)
Falling & Flying by 360 (2012)
Flume by Flume (2013)
The New Classic by Iggy Azalea (2014)
Jet (band) albums
Albums produced by Dave Sardy
Uniform resource locator, All Media Network, World Wide Web, Michael Erlewine, Gopher (protocol)
Silverchair, Led Zeppelin, Kylie Minogue, Ac/dc, Dream Days at the Hotel Existence
Mick Jagger, Keith Richards, Let It Bleed, Sticky Fingers, Rock music
Powderfinger, Kylie Minogue, Midnight Oil, Savage Garden, Delta Goodrem
Jet (band)
Powderfinger, Silverchair, The Rolling Stones, Kylie Minogue, Savage Garden
ARIA Music Awards of 2004
John Butler Trio, Missy Higgins, Delta Goodrem, Eskimo Joe, The Cat Empire
Delta Goodrem, Silverchair, Kylie Minogue, Powderfinger, Jet (band)
Alternative rock, Jet (band), Australia, Get Born, Compact Disc
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Don’t Smoke Don’t Smoke
What’s the Difference Between Seasonal Flu, Pandemic Flu, and Avian (Bird) Flu?
Influenza, or flu, is a respiratory infection caused by several flu viruses. Flu viruses are classified as types A, B, and C; type A has a number of subtypes. The flu is not the same as the common cold, nor is it related to what is commonly called the “stomach flu.”
Seasonal flu is the term used to refer to the flu outbreaks that occur yearly, mainly in the late fall and winter. It is estimated that between 5 and 20 percent of Americans come down with the flu every flu season.
Pandemic flu refers to particularly virulent strains of flu that spread rapidly from person to person to create a world-wide epidemic (pandemic).
Avian (Bird) Flu
In nature, the flu virus also occurs in wild aquatic birds such as ducks and shore birds. It does not normally spread from birds to humans. However, pigs can be infected by bird influenza (as well as by the form of influenza that affects humans) and can pass on the flu to humans. In 1997, it was discovered that a virulent bird influenza had skipped the pig step and had infected humans directly, causing a number of deaths in Asia.
These instances of bird flu in humans have raised concerns that if this type of flu could at some point be transmitted between people, a new pandemic would occur. Thus, the term bird flu or avian flu is currently being used to refer to a possible pandemic flu.
Overview of the Flu
The flu, like the common cold, is a respiratory infection caused by viruses. But the flu differs in several ways from the common cold. For example, people with colds rarely get fevers or headaches or suffer from the extreme exhaustion that flu viruses cause. The most familiar aspect of the flu is the way it can "knock you off your feet" as it sweeps through entire communities.
The Centers for Disease Control and Prevention (CDC) estimates that 5 to 20 percent of Americans come down with the flu during each flu season, which typically lasts from November to March. Children are two to three times more likely than adults to get sick with the flu, and children frequently spread the virus to others. Although most people recover from the illness, CDC estimates that in the United States more than 200,000 people are hospitalized and about 36,000 people die from the flu and its complications every year.
Seasonal Flu Outbreaks
Seasonal flu outbreaks usually begin suddenly and occur mainly in the late fall and winter. The disease spreads through communities, creating an epidemic. During the epidemic, the number of cases peaks in about 3 weeks and subsides after another 3 or 4 weeks. Half of the population of a community may be affected. Because schools are an excellent place for flu viruses to attack and spread, families with school-age children have more infections than other families, with an average of one-third of the family members infected each year.
Importance of Flu
Besides the rapid start of the outbreaks and the large numbers of people affected, the flu is an important disease because it can cause serious complications. Most people who get the flu get better within a week (although they may have a lingering cough and tire easily for a while longer). For elderly people, newborn babies, and people with certain chronic illnesses, however, the flu and its complications can be life-threatening.
Flu Virus Characteristics
A flu virus is roughly round, but it can also be elongated or irregularly shaped. Inside are eight segments of single-strand RNA containing the genetic instructions for making new copies of the virus. Flu’s most striking feature is a layer of spikes projecting from its surface. There are two different types of spikes: one is the protein hemagglutinin (HA), which allows the virus to "stick" to a cell and initiate infection, the other is a protein called neuraminidase (NA), which enables newly formed viruses to exit the host cell.
Influenza A virus. Credit: CDC
Virus Types A, B, C
Influenza viruses are classified as type A, B, or C based upon their protein composition. Type A viruses are found in many kinds of animals, including ducks, chickens, pigs, and whales, and also humans. The type B virus widely circulates in humans. Type C has been found in humans, pigs, and dogs and causes mild respiratory infections, but does not spark epidemics.
Type A influenza is the most frightening of the three. It is believed responsible for the global outbreaks of 1918, 1957, and 1968. Type A viruses are subdivided into groups based on two surface proteins, HA and NA. Scientists have characterized 16 HA subtypes and 9 NA subtypes.
Naming Viral Strains
Type A subtypes are classified by a naming system that includes the place the strain was first found, a lab identification number, the year of discovery, and, in parentheses, the type of HA and NA it possesses, for example, A/Hong Kong/156/97 (H5N1). If the virus infects non-humans, the host species is included before the geographical site, as in A/Chicken/Hong Kong/G9/97 (H9N2). There are no type B or C subtypes.
Where Influenza Comes From
In nature, the flu virus is found in wild aquatic birds such as ducks and shore birds. It has persisted in these birds for millions of years and does not typically harm them. But the frequently mutating flu viruses can readily jump the species barrier from wild birds to domesticated ducks and then to chickens. From there, the next stop in the infectious chain is often pigs.
Pigs can be infected by both bird (avian) influenza and the form of influenza that infects humans. In a setting such as a farm where chickens, humans, and pigs live in close proximity, pigs act as an influenza virus mixing bowl. If a pig is infected with avian and human flu simultaneously, the two types of virus may exchange genes. Such a "reassorted" flu virus can sometimes spread from pigs to people.
Depending on the precise assortment of bird-type flu proteins that make it into the human population, the flu may be more or less severe.
In 1997, for the first time, scientists found that bird influenza skipped the pig step and infected humans directly. Alarmed health officials feared a worldwide epidemic (a pandemic). But, fortunately, the virus could not pass between people and thus did not spark an epidemic. Scientists speculate that chickens may now also have the receptor used by human-type viruses.
Drifting and Shifting
Influenza virus is one of the most changeable of viruses. These genetic changes may be small and continuous or large and abrupt.
Small, continuous changes happen in type A and type B influenza as the virus makes copies of itself. The process is called antigenic drift. The drifting is frequent enough to make the new strain of virus often unrecognizable to the human immune system. For this reason, a new flu vaccine must be produced each year to combat that year’s prevalent strains.
Type A influenza also undergoes infrequent and sudden changes, called antigenic shift. Antigenic shift occurs when two different flu strains infect the same cell and exchange genetic material. The novel assortment of HA or NA proteins in a shifted virus creates a new influenza A subtype. Because people have little or no immunity to such a new subtype,their appearance tends to coincide witha very severe flu epidemic or pandemic.
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Healthy Skepticism Library item: 4473
Publication type: news
Efrat Z.
Australian Doctor Weekly 2004 Jun 16
There ’ s a fine line between some disease awareness campaigns and direct-to-consumer advertising. Zilla Efrat reports.
BRISBANE man Lee Porter spoke openly on Channel Nine’s A Cur rent Affair about the impact his erection problems had on his marriage. Those television viewers interested in his plight were shown the answer to his problem, as Mr Porter picked up a packet of tablets and pulled back his bed sheets with his wife.
Only television viewers who also saw Media Watch are likely to have learned that drug companies paid the Porters to appear on A Current Affair.
GlaxoSmithKline and Bayer (the former company promotes Levitra in Australia for the latter) also paid actor Gary Sweet to speak about erectile dysfunction, though as Media Watch revealed, he “was not always careful to watch his tongue”.
During an interview on Adelaide’s Radio 5DN, Mr Sweet mentioned Levitra by name.
“There’s a new product called Levitra out at the moment and that is very effective and … there’s a number of treatments and they do work very quickly, very effectively, I’m assured by most GPs.”
While Mr Sweet’s mention of the drug name may have been accidental, this type of promotion is not new and has been likened to the ‘cash for comment’ scandal that has embroiled leading radio announcers in recent times.
It is this type of campaign that is drawing criticism and sparking debate over the line between disease awareness campaigns aimed at educating the public and illegal direct-to-consumer advertising.
The latest is another arm of the Levitra campaign –“roll in the hay”.
You probably first noticed the GP version in medical publications such as this one.
The latest is a television commercial with the same concept and branding. It shows a contented-looking middle-aged man with hay on his clothes and a jacket swung over his shoulder, as well as colours and images that are key to Levitra’s branding – a flame and the colours purple, white and orange – plus a mention of the availability of a Performance Pack.
The campaign appears to break new ground by targeting both consumers and GPs with the same strong branding.
But it doesn’t break the law by mentioning the presription drug by name, so what’s the problem?
According to Professor Rob Donovan, who has extensive commercial experience in marketing and advertising and is co-director of the health promotion evaluation unit in the department of public health at the University of WA, the campaign is not in the spirit of legislation prohibiting direct-to-consumer advertising of prescription drugs.
“If it was in the spirit, the drug companies would not have the logo and the same images [in ads for doctors and consumers],” he says.
“It’s a two-pronged attack. The drug company surreptitiously gets its branding out to consumers, and consumers do have a say in brand choice. It’s pushing at the edges of what is allowable.”
Dr Robin Napier, chairwoman of the AMA Therapeutic Committee, believes drug companies have found a loophole they can exploit by duplicating their branding in educational campaigns.
“It is pushing the boundaries although it isn’t breaking the rules because they haven’t named the product,”she says.
So if the product isn’t named, how are these ads intended to work? Brett Van Heekeren, lecturer in advertising at Charles Sturt University, explains the theory.
The Levitra campaign, he says, is what’s known in the industry as 360º advertising because it surrounds the targets with communication to increase its effectiveness and uses the same elements in both trade and consumer campaigns.
“The brand properties are warehoused in the consumer’s mind. That’s where brands live. Not on the shelves. And consumers are much more likely to engage with a brand that they recognise.
“Advertisers try and get their peripheral images stored in consumers’ minds so that when they see it later, they will recognise it, and it will feel like a friend they have known all their life. When consumers go to the GP, the GP is the influencer and it’s important that the brand images are also in the GP’s mind so that the GP is likely to recommend that brand.”
This branding is then reinforced by the Performance Pack once it is passed on to consumers, Mr Van Heekeren says. The patient is then more likely to say, “That’s my brand”or “I know this brand”.
Professor Donovan believes the Performance Pack, which is described in advertisements to GPs as an “information kit” and which does not contain medication, also works as an incentive for patients to ask for that drug.
“By calling it a Performance Pack, the advertisers are implying that something in there will help consumers with their performance. It works as a show bag. It would certainly act as an incentive [for patients to ask for drugs] because consumers believe they will get something when they go in and ask for it.”
The Therapeutic Goods Administration, which administers the ban on direct-to-consumer advertising, says it has referred Levitra’s “roll in the hay”campaign to pharmaceutical industry body Medicines Australia’s Conduct of ConductCommittee.
While unable to confirm receipt of such a complaint, Medicines Australia director of strategic relations, Mr Steve Haynes, says of the tactics used in the campaign: “Either it breaks the law or it doesn’t. If it does, then it will be dealt with by the TGA and Medicines Australia’s code.”
GlaxoSmithKine corporate affairs manager Ms Nikki Capp did not return Australian Doctor’s calls, but her PA referred queries to Mr Haynes.
In an opinion piece written for Australian Doctor Mr Haynes says while recent campaigns about men’s health, featuring television personalities, “may have got some critics offside”, disease awareness campaigns play a valuable role in encouraging people to visit their doctor for assessment and treatment.
“Men are much more reticent than women to discuss their health problems, particularly if they involve sexual performance.
“The outcome of disease awareness programs is to encourage patients to visit their doctor for assessment and treatment. Isn’t this preventative health care for consumers at its best?”
While the drug name Levitra is not mentioned in advertisements to consumers, it is referred to on the “roll in the hay” web site, which says: “Click here if you have been prescribed Levitra (vardenafil) or have received a starter pack from your doctor.”
Dr Peter Mansfield, SA GP and director of Healthy Skepticism, lodged a successful complaint with Medicines Australia in March in regard to a similar web site reference that appeared as part of Eli Lilly’s erectile dysfunction campaign.
Eli Lilly, which manufactures Cialis, was found to have breached the code of conduct and was instructed to remove references to prescription drugs from the site (see box, page 25).
Dr Mansfield says web site references are likely to boost the number of patients who are familiar with the drug and are likely to ask for it by name.
“This will make them more likely to request or mention it by name to their doctor or to accept it if their doctor mentions it first,” he said in his complaint to Medicines Australia.
“Doctors like to please patients and may believe that there is no major medical difference between the drugs in this class. Consequently, patients’ requests, reminders or acceptance will be enough to tip the balance on at least some occasions so as to make doctors more likely than otherwise to prescribe Cialis rather than an alternative therapy.”
Ms Hilda Bastian, consumer advocate and managing editor of Informed Health Online, agrees. While drug companies can pay fines up to $200,000 for breaching the Medicines Australia Code of Conduct (last financial year companies were fined between $7500 and $50,000) this is small fry when compared with the company’s overall advertising budget. “Even if you are going to pay a fine, I can see why you would [break the code], if you are going to make a profit,”she says.
Professor David Henry, professor of clinical pharmacology at the University of Newcastle and a former chairman of the Pharmaceutical Benefits Advisory Committee, says the “roll in the hay” web site is a clear example of “disease mongering”.
He says the site sells the idea of having a medical problem to people who don’t think they are sick.
The web site has a self-test section of five questions, including, “Do you have difficulty getting an erection?” and “Have you had problems staying hard enough to have sex?”. If the user submits “sometimes” just once to one of the questions, the site states: “If you answered ‘Yes’ or ‘Sometimes’ to any of these questions you may want to discuss with your doctor why this is happening.”
According to Dr Mansfield, the bottom line is whether patients are harmed or not.
“They are harmed directly if given an inferior drug, or indirectly when expensive drugs divert funding away from more cost-effective therapies,”he says.
“When doctors are booked up because of an advert, patients with serious illness cannot get early appointments.
This distorts the diseases that we see away from those that are most important towards those that happen to be most profitable for drug companies at the time.”
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MGM Moves Up Release Date of Ana de Armas’ “No Time to Die”
Ana de Armas’ time will come sooner than planned…
MGM has moved up the release date of its latest James Bond film No Time to Die, starring the 32-year-old Cuban-Spanish actress, to Friday, November 20 in the U.S.
The Daniel Craig starrer will also open earlier in the UK on November 12.
Due to COVID-19 and the shutdown of theaters earlier this year, MGM originally delayed release of No Time to Die from its Easter weekend release date of April 10 to November 25, the Wednesday before Thanksgiving.
Directed by Cary Joji Fukunaga, No Time to Die is reportedly Daniel Craig’s swan song as 007.
In addition to Craig and de Armas, who portrays Paloma, the film also stars Rami Malek, Lea Seydoux, Ralph Fiennes, Naomie Harris,Jeffrey Wright and Christoph Waltz.
In the latest 007 film, James Bond has left active service. His peace is short-lived when Felix Leiter, an old friend from the CIA, turns up asking for help, leading Bond onto the trail of a mysterious villain armed with dangerous new technology.
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Noomi Rapace to Star in the Black List Thriller “O2”
Posted on February 16, 2020 by Tom Castaneda
Noomi Rapace is ready to thrill…
The 40-year-old half-Spanish actressis set to star in the contained Black List thriller O2, which will be directed by Franck Khalfoun.
Crawl and The Hills Have Eyes reboot writer-director Alexandre Ajais producing and supervising artistic direction.
Written by Christie LeBlanc, the script was a buzzed-about prospect on the 2016 Black List.
The film centers on a woman who wakes up in a cryogenic medical pod, alone, with no memory, and no way out. All she knows is that she has 90 minutes of oxygen left and must figure out how to save herself, while discovering who she really is, who put her there, and most importantly – why?
Aja says about the film, which is due to enter production in the summer, “One of the most compelling scripts I’ve read in years – a pure survival experience with a great mystery at its core. Even without the oxygen running out, the suspense on the page left me breathless.”
Rapace, who recently was cast in the thriller The Thicket, previously starred in the Swedish film adaptations of the Millennium series: The Girl with the Dragon Tattoo, The Girl Who Played with Fire, and The Girl Who Kicked the Hornets’ Nest. Her other credits include Sherlock Holmes: A Game of Shadows, Prometheus and Child 44.
This entry was posted in Entertainment and tagged Alexandre Aja, Black List, Christie LeBlanc, Crawl, Franck Khalfoun, Millennium, Noomi Rapace, O2, Prometheus, Sherlock Holmes: A Game of Shadows, The Girl Who Kicked the Hornets' Nest, The Girl Who Played with Fire, The Girl with the Dragon Tattoo, The Hills Have Eyes, The Thicket by Tom Castaneda. Bookmark the permalink.
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Perez Traded from Arizona Diamondbacks to the Houston Astros
Posted on August 10, 2015 by Tom Castaneda
Oliver Perez is ready for an astronomical season…
The Houston Astros added help in the bullpen Friday night, acquiring the 33-year-old Mexican relief pitcher from the Arizona Diamondbacks for a minor league pitcher.
The trade was announced following Arizona‘s 2-0 victory over the Cincinnati Reds.
Perez joins a surprising Houston team that has a 1 1/2-game lead in the American League West and is trying to hold off the second-place Los Angeles Angels.
“They’re in a good spot right now,” Perez said. “I would love to help wherever they need.”
Perez, 33, is 2-1 with a 3.10 ERA in 48 appearances this season. He leaves Arizona with a 19-game scoreless streak, tied for the third-longest in Diamondbacks history.
Perez said goodbye to teammates and Diamondbacks staff in the clubhouse late Friday. He can become a free agent after the season and didn’t rule out a return to Arizona, where he has a home.
“I know this team is going to be in the playoffs,” said Perez, who set a club record for strikeouts by a left-handed reliever with 76 last year.
Arizona gets 19-year-old lefty Junior Garcia in the deal and will call up another left-hander, Keith Hessler, from Triple-A Reno to fill Perez’s spot in the bullpen.
Garcia is 3-1 with a 0.96 ERA and 26 strikeouts in a combined nine games (six starts) between Class A Tri-City and rookie-level Greeneville.
The swap came a week after baseball’s deadline for trading players without placing them on waivers.
“I was taken by surprise,” Perez said. “Sometimes you feel nervous because, you know, you’re going to go to a new organization.”
Perez said he found out he’d been dealt right after Friday’s game ended.
“It’s a really good organization, and I know they’re going the right way,” Perez said of the Diamondbacks. “I’m just thankful for all the opportunity they gave me.”
This entry was posted in Deportes and tagged American League, Arizona Diamondbacks, Cincinnati Reds, Houston Astros, Junior Garcia, Keith Hessler, Los Angeles Angels, Oliver Perez by Tom Castaneda. Bookmark the permalink.
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Top rugby star died of accidental drug overdose while trying to relieve agonising pain
Cox died aged 27 in April last year (Image: Action Images)Sign up to FREE email alerts from Mirror – RugbySubscribeWhen you subscribe we will use the information you provide to send you these newsletters. Sometimes they’ll include recommendations for other related newsletters or services we offer. OurPrivacy Noticeexplains more about how we use your data, and your rights. You can unsubscribe at any time.Thank you for subscribingWe have more newslettersShow meSee ourprivacy noticeInvalid Email
A former rugby league player died of an accidental drug overdose after taking too much medication prescribed to relieve his chronic back pain, an inquest has heard.
Jordan Cox, who played in Super League for Hull Kingston Rovers and Warrington Wolves, was found by his grandmother in the early hours of April 30 last year.
The 27-year-old had suffered from "considerable pain" as a result of rugby-related injuries, Hull Coroners Court heard.
The court heard that tragic Jordan had been prescribed drugs to treat his pain after suffering shoulder, knee, ankle and back injuries throughout his career.
But his reliance on the medication became too much and Jordan overdosed on the evening of April 29.
Cox in action for Hull KR in 2013
(Image: Action Images)
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He was found the next morning by his grandmother in his bed at the family home in Hull, East Yorks., and was tragically pronounced dead by medics when they arrived.
The court heard there were "toxic levels" of the drugs Diazepam, Pregabalin and Oxycodone that, combined, caused his heart to stop.
Assistant coroner Ian Sparkes said: "The medical cause of death is given as drug poisoning.
"This is an extremely sad, untimely and tragic death of a young man. Jordan was only 27 years old."
Dr Gabriel Hendow, Jordan's GP, told the inquest Jordan had an "excessive history" of rugby-related injuries and was often in "severe pain".
He told the court Jordan had previously been rushed to hospital in 2015 after taking an overdose of Tramadol.
Cox died from an accidental overdose, an inquest has heard
Jordan's heartbroken mum Amanda Cox told the inquest she still has not been able to come to terms with the loss of her son, who began playing rugby aged ten.
She said: "To other people, he was a 6'5, 18 stone rugby player, but to me he was my son Jordan who asked for a hug when he wanted one and would do anything for his grandma.
"It didn't matter if you knew Jordan for 27 years or 27 minutes, he was your friend for life.
"Jordan was a larger than life character, he enjoyed playing the part of the joker in the pack. He loved making people laugh and could start a conversation with anyone."
Ms Cox said Jordan was first prescribed Tramadol in 2015, but soon started taking it to excess and eventually became addicted.
The inquest heard Jordan was rushed to hospital after taking an overdose of Tramadol in 2015.
Cox played for Warrington and Hull KR in Super League
Jordan sought help for his addiction to medication and was working on a plan to reduce his reliance.
Ms Cox said Jordan had been working at a call centre after being without a professional club for the 2020 season, but lost his job shortly before his death.
She said he had been training in the hope of getting back in rugby league, but that was halted when lockdown hit, sport was stopped and gyms forced to close.
Catherine Blowman, Jordan's ex-girlfriend, told the inquest: "I loved Jordan and I know he loved me. I look back on our relationship fondly.
"Everyone thinks Jordan was this larger than life character which he can be, but in private he was a quiet, caring man."
Both Catherine and Ms Cox told the inquest they did not think Jordan would have taken his own life. Assistant coroner Ian Sparkes ruled a conclusion of a drug-related death.
Cox also represented Newcastle, Huddersfield, Halifax, Sheffield, York and Doncaster
(Image: Action Images/Reuters)
In conclusion, Mr Sparkes added: "Jordan started playing rugby aged 10 and aged 16, he was signed for Hull Kingston Rovers and played for a number of clubs.
"He suffered a number of injuries in his career. As a consequence of these injuries, he suffered what appeared to be chronic pain.
"He had been in quite considerable back pain from around the age of 23.
"In an attempt to to manage the symptoms, pain killers were prescribed.
"Unfortunately Jordan's reliance on this pain-relieving medication increased.
"It is clear to me Jordan had taken his pain relief medication to such an extent that his body simply couldn't tolerate it which consequently led to his death."
Cox spent four years on the books at Hull KR
The prop forward started his career with hometown club Hull KR in 2011 and last appeared for Doncaster in 2019 before being released.
He made a total of 64 appearances for Rovers, scoring six tries, and returned to train with their reserve squad after finding himself without a club for the 2020 season.
He also represented Huddersfield Giants and Sheffield Eagles during his eight-year professional career.
Paying tribute at the time of his death, Hull KR owner Neil Hudgell said: “Jordan’s passing has come as a terrible shock to us all at the club.
"I last saw him at a reserves game and exchanged a few jokey one liners with him.
"Jordan always seemed so full of life and spirit and his loss is so sad."
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SARKODIE NOMINATED FOR MOBO AWARDS 2017 ‘BEST AFRICAN ACT’
Shortly after announcing his UK nationwide ‘Highest’ tour which takes place from November 23 – 25, across Birmingham, London and Manchester, and on the back of his hugely successful fifth studio album Highest, which continues to dominate iTunes and Spotify charts all around the world, Ghanaian rap star Sarkodie has just been nominated for a 2017 MOBO Award in the ‘Best African Act’ category.
This marks Sarkodie’s second nomination at the renowned MOBO Awards, following his nomination in the ‘Best African Act’ category in 2012, the same year he won the prestigious BET Award for ‘Best International Act’. Alongside the just announced MOBO Award nomination, Sarkodie has also been nominated for ‘Best Artist In West Africa’ in the 2017 All Africa Music Awards, after winning the ‘Best Rap Act’ award at the just concluded AFRIMMA 2017 in New York.
News of Sarkodie’s MOBO Award nomination, where he will be vying for the ‘Best African Act’ crown alongside Davido, Wizkid, Tekno and Mr. Eazi, to mention a few, also comes on the back of a sold-out European tour in September, and the announcement that the next official single from his Highest album, will be none other than fan-favourite ‘Ur Waist’ featuring Flavour, the video for which, has already racked over 600,000 views on YouTube.
Watch Sarkodie’s ‘Ur Waist’ music video on YouTube here:
Tagged as MOBO Awards 2017 Sarkodie
New Music: Priscilla Marhah drops ‘Wo Do’ (Your Love) feat. Shadday Lumin
Female Rapper Tasha Premieres Debut Video ‘What U Got’
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SAN FRANCISCO, November 2, 2016 – The Linux Foundation, the nonprofit organization enabling mass innovation through open source, today announced the appointment of Erica Brescia, co-founder and COO of Bitnami; Jeff Garzik, co-founder of Bloq; and Nithya A. Ruff, director of Western Digital’s Open Source Strategy Office, to its Board of Directors. Ms. Ruff and Ms. Brescia join as At-Large Directors, and Mr. Garzik comes on board as the representative of Linux Foundation Silver members.
Ms. Brescia and Ms. Ruff will take the place of Larry Augustin and Bdale Garbee as At-Large Directors. Mr. Garzik replaces Matt Jones of Jaguar Land Rover.
“The Board of Directors and the entire Linux Foundation organization are delighted to welcome Nithya, Erica and Jeff,” said Jim Zemlin, executive director. “They will help guide the strategy of The Linux Foundation, the home to some of the most successful open source projects and largest shared technology investment in history. The open source community at large and our nearly 800 members will benefit from the insight and expertise each of these individuals brings. We thank Larry, Bdale and Matt for their long and faithful service on the Board and look forward to their continued participation in the community.”
New Directors Bring Diversity of Perspectives
Ms. Brescia is the co-founder and chief operating officer of Bitnami. With more than one million deployments per month, Bitnami provides the largest source of applications and development environments to the world’s leading cloud service providers, such as Amazon AWS, Microsoft Azure, Google Compute Platform and Oracle Cloud Platform. Prior to co-founding Bitnami, Ms. Brescia held various sales and management positions at T-Mobile, as well as working as a consultant with Chekiang First Bank in Hong Kong. She holds a B.S. in business administration from the University of Southern California.
Ms. Brescia has been a dedicated builder of diverse, globally distributed technology and business teams, and has been featured as a keynote speaker at OpenStack Summit and OSCON.
To further those goals, Bitnami founded the Bitnami Bootcamp, which provides free education and training on cloud, open source and containers, for recent college graduates and self-taught technologists living in southern Spain.
As a YC Founder, Ms. Brescia is also an active mentor of aspiring entrepreneurs in the technology and related industries, as well as being an angel investor in a number of early stage startups.
“Open source technologies make possible the incredibly rapid innovation that we see in tech-driven sectors today,” Ms. Brescia commented. “Shared R&D in the form of open source helps companies like Bitnami thrive, while creating value for others. I’m proud to be a part of the organization that’s propelling that collaboration.”
Mr. Garzik has long been at the center of developing and commercializing open source software surrounding bitcoin and blockchain. Before co-founding Bloq to develop enterprise-grade blockchain solutions, he spent five years as a Bitcoin core developer, and 10 years at Red Hat. His work with the Linux kernel is now found in every Android phone and data center running Linux today.
Mr. Garzik serves on the board of Coin Center and the advisory boards of BitPay, Chain, Netki and WayPaver Labs. He was also recently appointed to the World Economic Forum Expert Network as an expert in Information Technology.
“I’m excited to bring Bloq’s expertise in developing blockchain software to The Linux Foundation,” Mr. Garzik said. “Projects like Hyperledger are emblematic of the future of open source: bringing together the efforts of developers to fundamentally alter global finance, digital identity and beyond.”
Nithya Ruff
Ms. Ruff first glimpsed the power of open source while at SGI in the 1990s and has been building bridges between hardware developers and the open source community ever since. She’s also held leadership positions at Wind River (an Intel Company), Synopsys, Avaya, Tripwire and Eastman Kodak.
Ms. Ruff has been a passionate advocate and a speaker for opening doors to new people in open source for many years. She has also been a promoter of valuing diverse ways of contributing to open source, such as in marketing, legal and community. She is co-leader of the Women of OpenStack group and a liaison into the OpenStack Foundation, as well as a sponsor of the Women in Open Source (WIOS) Lunch at Linux Foundation events and an active leader of WIOS advocating for reducing barriers for women and underrepresented minorities. In 2015, Ms. Ruff was invited by Red Hat to be on a diversity leaders’ panel at the “All Things Open” conference.
In recognition of her work in open source both on the business and community side, Ms. Ruff was named to CIO magazine’s most influential women in open source list. Ms Ruff was also the founding president of the Women’s Innovation Network at Western Digital, which is dedicated to the development of women’s highest potential in the workplace.
Ms. Ruff said: “I’ve been fortunate to work in an environment at Western Digital that values the contributions of every individual and that encourages diversity in open source communities. Through its training, events and now projects, The Linux Foundation is working to create an inclusive open source culture that stretches across organizations. I anticipate being able to help deepen that work as more industry professionals of all backgrounds get involved in open source.”
About The Linux Foundation
The Linux Foundation is the organization of choice for the world's top developers and companies to build ecosystems that accelerate open technology development and commercial adoption. Together with the worldwide open source community, it is solving the hardest technology problems by creating the largest shared technology investment in history. Founded in 2000, The Linux Foundation today provides tools, training and events to scale any open source project, which together deliver an economic impact not achievable by any one company. More information can be found at www.linuxfoundation.org.
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Jews, Turks, Ottomans
A Shared History, Fifteenth through the Twentieth Century
by Avigdor Levy, ed.
Syracuse: Syracuse University Press, 2002. 395 pp. $34.95.
http://www.islamicpluralism.org/1777/jews-turks-ottomans
This volume, long-awaited by those interested in the topic, represents a major and stimulating contribution to the scholarship on what may be the most undervalued and instructive case in the long history of Muslim-Jewish relations: that of the Ottoman Empire and Republican Turkey. It represents one of the finest, most encouraging, and most absorbing volumes on a Jewish or an Islamic topic to be published in years.
Levy, professor of Near Eastern and Judaic studies at Brandeis, has brought together outstanding and fresh essays. Israel Ta-Shma deals with late Byzantine and early Ottoman rabbinic literature, Levy himself with a Jewish view of the siege of Edirne of 1912-13, and Donald Quataert, a leading Ottomanist, with the working class in Salonika. Of particular note is Feroz Ahmad's essay on Jewish involvement in the Committee of Union and Progress.
These and other chapters offer provocative observations as well as solid research. Levy's piece on Edirne, for example, is based on a newly-researched source, the journal of a Jewish resident of the city. Thanks to the journal of Angèle Guéron and its use by Levy, we now have a remarkable account of the patriotic support for the Ottoman authorities forthcoming from the ranks of Edirne Jews.
Ahmad's paper covers one of the most relevant issues in the general history of modern Islam. Islamists have painted a distorted, conspiratorial picture of the Ottoman Jews' influence in the reform movement that led to the end of the Ottoman Empire. To this day, the Saudi state educational system teaches that the fall of the Ottoman caliphate (to which the house of Saud and the Wahhabi sect assisted avidly, by the way) was caused by Ottoman Jews. Ahmad reproves—gently but firmly—Aron Rodrigue and Esther Benbassa for their widely-cited, but perfunctory and second-rate historiography of the Ottoman Sephardim.[1]
Halil Inalcık, the doyen of Ottoman history, writes something in the book's first chapter that should be read every few months by students of Jewish and Islamic history. The restrictions on dhimmis (Christians and Jews living under Muslim rule) were "ordinarily … overlooked by the Ottoman authorities." He deems it "an exaggeration to interpret these social limitations as reducing non-Muslims under Islam to the status of second-class subjects."
My only criticism of Jews, Turks, and Ottomans is the absence of studies on Bosnia-Hercegovina or today's Macedonia.
[1] Sephardi Jewry: A History of the Judeo-Spanish Community, 15th to 20th Centuries, University of California Press, 2000.
Related Topics: Muslim-Jewish Relations, Sephardic Judaism, Turkish Islam receive the latest by email: subscribe to the free center for islamic pluralism mailing list
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Reviews from gulag: 2016 almost got away from me, but I was too quick for it
I've been catching up on things I missed while they were in theaters: today, we're looking at Zootopia, Embrace of the Serpent, Eye in the Sky, and Green Room.
ZOOTOPIA (Byron Howard and Rich Moore, 2016)
In a weird world where animals are people, but still kind of like animals, a young rabbit from the sticks named Judy Hops (Ginnifer Goodwin) resolves to become the first bunny police officer in the big city of Zootopia. Her dreams are realized, but only in the most humiliatingly limited way possible, until she stumbles upon a conspiracy that threatens to break her animal society apart. With the help of a vulpine confidence trickster and jerkass named Nick Wilde (Jason Bateman), Officer Hops follows her enemies' traces into a labyrinth of despair. And also into a Godfather reference joke, which is, in its own way, likewise a labyrinth of despair.
Seriously: if you cut out the fucking Godfather reference joke, which is an idea that might have even been rejected by DreamWorks (or at least cut down to a length where you don't want to annihilate your whole family and then turn the gun on yourself), Zootopia is a fantastic film, even a great one. And if it had the supreme courage to be bleak, like its most obvious influences had a real tendency to be, then it would be able to stand like a titan amongst Disney's greatest masterpieces, as a reflection of the fallen, unfair world all of us out here in audienceland actually have the misfortune of living in. (Imagine, if you will, that the film just cuts to black, with Hops back on her family farm, about twenty-five minutes before it grinds its gears into a stupid dance party instead.) Of course, to expect such courage out of corporate family entertainment like this would have been a deeply idiotic thing to do—if it needs to be explicitly said, I did not—and so that's why I don't hold it against Zootopia very strongly that when it circles back to the city, it's not just for some closure, but also for a somewhat tacked-on resolution that won't break your heart.
I'll try to be far briefer than usual, for Zootopia is likely the most talked-about Disney film since good old Frozen, thanks to its engagement with the contentious (but, to my mind, mostly common-sensical) progressive politics of our age; the short version is that Zootopia uses funny animals to allude to all the nasty racial (and gender) disparities that still cleave our own dumbassed animal society in twain.
It's both a smart decision on the film's part, and (I can imagine) a somewhat disappointing one to some viewers, that within Zootopia's multitudes there's just no feasible way at all to map any of those real-life disparities onto these fictional characters in anything like a real, logically consistent, one-to-one manner. Instead, whatever injustice the film's referring to in any given moment, with one character, is going to apply to another character pretty soon, and you're like, "Wait, I thought that guy was supposed to be white." Personally, though, I'm going to go absolutely all in on "smart decision": it's a dangerous game to start applying animal characteristics to human ethnicities, and that's why most of the movies that actually do that were made before V-E Day. Your best case scenario: you end up with something like Maus, a comic book wherein its author, Art Spiegelman, is compelled to break away from the story he's telling about his dad's unlikely Auschwitz survival, in order to explain that he's just now realized that his central visual metaphor makes virtually no sense and has been collapsing in upon itself this entire time.
Anyway, Zootopia's animals are animals—mammals, to be a lot more precise—and while the plot itself may hinge upon their being biologically different from another in a few key ways, the production design and animation embrace these differences with their respective whole hearts. One of the film's greatest pleasures is in the exploration of a bizarre and wonderful world, where a whole lot of mammals of radically different sizes and functional capabilities have come to live together for no good God damned reason. Thus is Zootopia is veritable feast for thine eyes—not endlessly inventive, but thrillingly inventive indeed, when it really wants to be.
Better yet, a lot of the animal jokes that necessarily arise out of this situation are, against all expectation, actually pretty funny. (In fact, a lot of Zootopia's plain old jokes are pretty funny, too—most of them are delivered as sarcastic asides by Jason Bateman's dickhead fox in a role that, ingeniously, does not require Bateman to project a brand of physical charisma he doesn't really possess, because the animators can do that for him. Meanwhile, Bateman's vocal talent effortlessly provides all the character's requisite half-credible half-sleaze, along with the more subtle emotions that he has to shade into his interactions with Ginnifer Goodwin's admirably straightforward performance as an admirably straightforward rabbit cop. Now, obviously: Bateman was never going to be quite good enough to redeem the name "Nick Wilde," but nobody would be, because "Nick Wilde" is the name you come up with if your character was a man with a half-decade career in VHS-era porn still ahead of him, before he became a born-again Christian; whereas it is emphatically not the name you would ever come up with if your character was a Goddamned fox, because that would just be a little too on-the-nose and dumb, do you not agree?)
But, seriously, I must say this: there's a scene with sloths—let me just get it out there, okay, it's a joke about the sloths that run the DMV. Here we essentially take a break from that dour race fable entirely—I mean, speaking frankly, it slams into the film at nothing less than a 90-degree angle to its actual message, considering that, essentially, the joke is that this one particular animal species is effectively unable to properly function—but I've got to be real with you here. The gag's infinitely funnier than it has the slightest right to be, especially when it is neither more nor is it less than the joke you already told yourself in your head, when you heard the premise was "DMV sloths." But maybe it's funny because the joke actually isn't "DMV sloths," it's "Christ on the cross, this bit is five minutes long already, and we're still not done with it yet!" It's like those jokes on Family Guy where the point is that they're insanely repetitious and terrifyingly annoying, except, for reasons I can't begin to explain even to myself, it worked for me. At any rate, it worked a whole lot better than that fucking Godfather parody—which goes on even longer than the sloths, if you can possibly believe it.
EMBRACE OF THE SERPENT (El Abrazo de la Serpente) (Ciro Guerra, 2016 USA)
In 1909, the young shaman Karamakate (Nilbio Torres), who perceives himself as the sole survivor of his people's slaughter, and hates the whites who have his whole life been pushing their way into the Amazon basin, is approached by a German scientist, Theodore Koch-Grunberg (Jan Bijvoet), and his guide Manduca (Yauenku Migue), to lead them to a place where they can obtain "yakruna," a sacred plant that Theodore hopes can cure the disease that's killing him. Though reluctant, Karamakate is convinced of Theodore's honest intentions, and eventually agrees to take them to the plant. In 1940, Karamakate is much older (he is now portrayed by Antonio Bolivar), and once again a white man from beyond the Amazon (Brionne Davis) arrives to ask him to show him yakruna. Karamakate, averring that he remembers little, and that he has become in the intervening years (perhaps even because of his experiences with Theodore and Manduca) a hollow thing, a chullachaqui, nevertheless agrees to go upriver one more time. And so we follow each man—the same man—as he visits the places once, and then again, and sees that they have changed, and he has changed, for the worse.
It is not especially hard to parse what Embrace of the Serpent is about, which is the destruction of the culture of the indigenous tribes on the Amazon; it wouldn't be hard to parse this, even if the film didn't close with a title card that explicitly said that this was what it was about. But since that wouldn't be much of a narrative, we're lucky that Embrace couches its allegory in a proper genre, rather than just spitting out a whole stack of depressing facts. So: on the one hand, it's a magisterially-paced yet suitably-entertaining jungle adventure film (bifurcated between two separate timeframes), and, on the other, it's a tolerably good character study of a man who sees himself as the last real Indian, who lives isolated and utterly alone within the jungle, and hates all the white people, as well as all the natives who have compromised with the white people. And this means he hates nigh-on fucking everyone. Including himself.
Embrace takes its cues from colonialist narratives and Indigenous Peoples Cinema generally, and not even the nice, liberal, sensitive kind. (For one example, "yakruna" is 100% made-the-fuck-up.) And so, it nods, in turn, to everything from Heart of Darkness/Apocalypse Now to Altered States to all those actual cannibal exploitation films—though the way cannibalism shows up in this movie is frankly one genius subversion of all the old stuff, even if director Ciro Guerra is regrettably disinterested in the actual gore part of cannibalism. (And yet there's a rubber slavery scene in this film that came perilously close to making me cry in its emotional intensity, even though it is naught but a vignette amongst vignettes.)
But Sepent is always that allegory: it's a colonial-era narrative turned on its head, seen through the lens of the colonized, and that would be enough to make it intriguing, even if it remains up to Nilbio Torres' superb performance—wounded and easily-angered, he comes across as the ideal evocation of a young man's justified anger, with all the impulsivity and occasional whininess that implies—to make it really interesting. (Meanwhile Antonio Bolivar's alternation between amusement and sadness within a container of strategic, performative "inscrutability" is almost as good, if not quite as showy.) And so Karamakate is made to stand-in for a vanished people, but Karamakate also manages to stand on his own, and this is a very good thing. Indeed, the movie, though in most respects brutal, isn't even without flashes of humor. (The cut from Karamakate preparing a blowdart against the backdrop of a birdsong, to Karamakate wearing a wonderful headdress made of feathers, is a laugh-out-loud moment in a film that has never once stopped being about a straight-up slow-motion holocaust.)
Did I say "wonderful headdress"? Well, just how wonderful it actually is somewhat left to your imagination, because Embrace is shot in black-and-white, and while I'd never go so far as to disparage it as anything less than handsome, there is nothing in the material, till almost the very, very end, that really seeks to justify that decision. And when it finally does, it strikes you that two hours is a long time to wait for the payoff to formal trick, especially when the payoff, however well it works, is also not too terribly likely to challenge its cinematic forebears as piece of cinema. (Give me longer, louder, more opulent and more transcendent, please. I will never sit down to watch Embrace just to see its last three or four minutes. You can't say that about its influences, even when its biggest influence is a full forty minutes longer.) Still, the B+W's got grit, and grit isn't nothing when it comes to a film about plying a river through an environment as sick and grotesque as the South American jungle undergoing its death throes in the midst of an alien invasion.
Well, Embrace is better at structure, anyway: the transitions from young to old Karamakate, tending to utilize pans to and from the ever-flowing river beneath our hero, are elegant. They impress upon you the long, long decades of his life. We shall learn that he has, in some sense, wasted that life on a hatred of something he had every right to hate, but could never stop. It's tragic, not accusatory; the river keeps going into the sea, and no one can turn it back, though we might struggle against the current. The ultimate sense of Embrace of the Serpent is one of history's implacability, our individual smallness within it, and the sobering fact that what was lost in the crimes of the past is lost forever. We can only go forward, and it has always been so, even if we stood and posed on rocks and yelled at people, and looked really cool doing it.
EYE IN THE SKY (Gavin Hood, 2016)
We arrive upon a joint Anglo-American mission, led by RAF Col. Powell (Helen Mirren) and executed by USAF drone pilot Steve Watts (Aaron Paul), and overseen and opined-upon by something like two dozen stakeholders in-between, including British Lt. Gen. Frank Benson (Alan Rickman). The mission is being undertaken in Kenya, and its objective is to observe and/or kill a clutch of Islamic terrorists, who have begun preparations for a suicide bombing in a residential area that is also occupied by civilians, especially a widdle girl (Aisha Takow). In something close to real time, we witness our distant, privileged Westerners debate and fluster over whether to pull the trigger and send a Hellfire through the roof of the terrorist compound, and whether saving some innocents in the future is worth killing one innocent right now.
Eye in the Sky is the cinematic equivalent of a think-piece, I suppose, but let's not hold that too much against it. After all, its reason to exist is to debate the morality and practicality of targeted drone attacks in the context of the pseudo-war we're presently waging against terrorism; it's not to naturalistically depict the 98% fewer fucks which one suspects that most of our well-trained drone pilots and drone decisionmakers would actually give, were they to be confronted with a situation identical to the one actually presented here.
Of course, in classic Hollywood fashion, the stakes of Eye come down to this: one single potential civilian casualty whom we get to know pretty well—who is, in fact, presented as the daughter of moderate Muslims, who likes to hula hoop, and whose father teaches her fucking math, and who's just trying to live, you know, and who is pretty transparently every atom the result of a great many exactingly calculated screenwriting decisions. I know that sounds half-sarcastic. But I actually mean it as a compliment: those are all good decisions, because they put us firmly in the little girl's corner, and ain't nobody who wants to see a moppet puke up her obliterated lungs after she gets stomped on by an anti-tank missile. So Eye asks the question Star Treks II and III asked: do the needs of the many outweigh the needs of the few, or the one? It does not offer an answer, because it wants you to write an essay about it yourself. The actual answer is: of course it does, it always does, and this is a very clean-cut thing, but it's something you can wring a whole lot of great tension out of in a movie, despite your belief that the real-world professional would most likely do most of the things Aaron Paul eventually does here to try to minimize her risk, but (crucially) without Aaron Paul's movie-effective twitchiness, backsass, and recalcitrant tears of crumbling moral backbone.
That's fine stuff, true: but that's not the initial mode of Eye, and the film is the worse for it, because the first half of Eye—and sure, it's not that likely that you could have gotten a feature's length out of the second half, anyway—is devoted not to our moral quandary, but to utter bureaucratic quagmire.
Let's admit that Eye does it as well as it possibly could: it presents a vision of geographically-disparate decisionmakers, often played by great actors, sitting at their tables and arguing over Skype, and it makes it feel realistic, if not exactly real. It does this with a certain awareness that these conversations are not great for its pace, but it knows it has to get through them, and so it looks upon them with a certain jaundiced eye that's interesting, even if a long game of Cover Your Ass is the opposite of compelling: it's beyond clear that most of the people don't actually care whether the girl dies, just whether it's legally or politically sound. Watching characters who lack all conviction interfere with characters who don't can be tough, and that's why the best thing Eye has going for it during its many conference calls is the fact that Alan Rickman and Helen Mirren are both stewing in a barely-restrained rage. Otherwise, it's a movie about ten Hermes Conrads from Futurama, limboing up and down their chain of command. It's a fundamental paradox: the premise is important enough to tell a story about; but any story with that premise, even the good version, is still going to be all kinds of frustrating to watch. And doubly so if it isn't, also, a comedy. (Incidentally? Whoever it was wrote the pullquote for Eye, featured in its trailers, that compared it to Dr. fucking Strangelove? They are a crazy person, and I wouldn't trust them to water my fucking plants.)
But, luckily, this frustration is dispelled completely, every time we get back to the brassier tacks of the piece, the drone warfare procedural heart of the matter, weighted with heavy moral questions (and physical danger for the on-the-ground agent, played by Barkhad Abdi). So the weight of bureaucracy never smothers the movie altogether; ultimately, by the back half, the bureaucracy has been quelled, and it's all drone procedural, all the time, and this part of the movie is arguably great, a white-knuckle affair that keeps dangling a little girl over the edge of a cliff called Hellfire, and threatening to drop her in. Never gleefully—not overtly, anyway—but it's a hell of a thriller in its last forty-five minutes nonetheless, watching the watchers who keep praying she'll just go away, and she just fucking won't. I will not say how it ends; I will simply say it ends well.
GREEN ROOM (Jeremy Saulnier, 2016)
A crappy punk band, the Ain't Rights (Anton Yelchin, Alia Shawkat, et al), find themselves in desperate financial straits, playing Hedwig and the Angry Inch-level lunch shows for half the minimum wage. And so, when a gig comes along, paying something that even halfway represents an amount that you or I might consider real money, they eagerly jump at the chance to play it, even though this venue is (let's just say) a little bit too "east of the Cascades" for anybody's comfort. But they go there anyway, and, by some miracle, playing anti-Nazi songs to a roomfull of Nazis goes pretty well for our heroes. Unfortunately, their luck runs out when they return to the green room and find a body with a knife in its head, and immediately find themselves in the midst of a skinhead cover-up that won't be complete until all the witnesses are dead.
And that's the film: the Ain't Rights are trapped within the green room, and they have to fight their way through, or around, a gang of neo-Nazis who are determined to kill them and dump their bodies up the road. There is very little more to it than that, but that's all writer-director Jeremy Saulnier needs in order to provide an utterly enjoyable little siege thriller—that is, if intense ultraviolence is something you find "utterly enjoyable," and personally I do. Still, I can see your apprehension, for I shared it: this is stock as fuck, right? It is—I mean, for God's sake, it's a movie made in 2016, and the villains are Nazis—but this overlooks Green Room's own particular wunderwaffe, whose name is Patrick Stewart. Perhaps you've heard of him.
There is absolutely nothing not to love (to hate) when it comes to Stewart's Darcy, the owner of the neo-Nazi bar and the chieftain of this local band of yokel Aryans; through him, and through his interactions with all his little Nazi stooges, you get as vital a sense of the workings of this fucked-up community as you do our actual heroes in their little punk band, maybe even more. It's as lived-in a Nazi subculture as you'll ever find onscreen—it arguably paints these monsters with more humanity than something like American History X, in the way that Darcy alternates between businesslike dominion, flashes of anger toward his subordinates' incompetence, and little touches, like the subdued, subliminal way he tries to earn the forgiveness of his chief henchman, whom he got a little too cross with a few scenes earlier. The great thing is that this isn't even what the film does best; hell, it's not even what Stewart is doing best, which is infusing his evil with a certain tenor that mixes workaday banality with deep and abiding annoyance at the whole situation, that today is the day that he has to clean up an increasingly-large number of corpses on his property. Anyway, you have probably never heard a villain calmly talk to the heroes through a door, promise them their safe passage, and come this close to believing him yourself; but you come insanely close here in Green Room. It almost feels like a testament to our heroes' intelligence that they don't buy it.
So, if Darcy isn't what Green Room does best, what is? Well, that's Saulnier's particular way of depicting violence, which we last saw in his feature debut, the promising deconstructive revenge thriller Blue Ruin. (Presumably, Saulnier's next hyperviolent crime picture will be Red something. Can't wait.) Green Room is not quite as impartially observational as Ruin, to be sure—it obviously takes its side with the punk band, and often seeks to put you in their shoes, the better to thrill you into oblivion with their physical destruction—but it is very nearly as unflinching, in the way it neither fetishizes nor shies away from sights like the slashed-to-ribbons left arm of the Ain't Rights' bassist, Pat. (Pat's played by Anton Yelchin, which probably makes him the obvious Final Boy of this scenario right from the get-go; and Yelchin is excellent, if you needed to know that.)
Meanwhile, the action is staged, much like in Ruin, with a certain random ineptitude on both sides—that is, the kind of mistakes you'd likely make yourself in a charged situation like this—and, while there's a certain inelegance to it, what it does above all is keep things terrifyingly spontaneous, so that when the Ain't Rights die and the neo-Nazis die (and, by Jove, they do) it lands with sickening thuds more often than it does with epic action beats. (It does save one epic action beat, wisely enough, for the very last body to fall.) It feels like stripped-down Carpenter, and if that sounds like it's ridiculously stripped-down indeed, then I think I've properly conveyed the general mood of the film to you. But if it makes it sound like a machine, that isn't the texture of the thing at all. It's a fleshy, sticky, failure-prone, human siege movie, and in that, it zigs when almost all of its genre fellows just follow JC's lead, usually to greatly diminished returns, and zag in all the expected ways instead.
The film only goes wrong when, in order to stretch out its premise to a feature length, it gets all kinds of undesirably plotty—characters of actual importance are introduced something like seventy minutes into this ninety-five minute picture—and there's a heroin lab that all-but-promises a few scenes of better murder through chemistry, which never manifests as a neo-Nazi's face dissolving, Raiders-style, under a beakerfull of acid. But the film keeps hammering away, ultimately enunciating a frankly weird moral via Yelchin, and it displays a surprising (albeit dark) sense of humor all the way through its runtime. Yeah, I have to say, I loved it to bits.
Labels: 2016, 7/10, 8/10, Byron Howard, Cartoon, Ciro Guerra, Colombia, film as ornamentation, Gavin Hood, humans are bad, Jeremy Saulnier, melodrama, Rich Moore, Siege, thriller
Brennan August 5, 2016 at 10:00 AM
I really had a tough time accessing Green Room, but I'm glad it has gotten such notoriety. It's only good for the genre, seeing a movie so willing to Go There getting buzz.
And Zootopia was at least better than Frozen, the previous decent but wholly unworthy zeitgeist smash hit that Disney pumped out. And I never liked the sloths, but I appreciated that they weren't forcefully spliced into the rest of the picture like your Olafs and whatnot.
"Still, I can see your apprehension, for I shared it: this is stock as fuck, right? It is—I mean, for God's sake, it's a movie made in 2016, and the villains are Nazis[.]"
...Well, you tell me, Future Hunter. Just how the fuck was I supposed to know?
Reviews from gulag: 2016 almost got away from me, ...
If "the summer's best swarm of CGI" doesn't sound ...
The film that J.R. shot (until he was absolutely, ...
The man, the myth, the surliness
But at least they didn't bring Harold Ramis back a...
Cardboard Science: A real piece of the sky
"Be careful driving home—because Christine is out ...
Pywokinesis
Steven Spielberg, part infinity: Steven Spielberg
Steven Spielberg, part XXXVI: Clearly, snozzcumber...
F.T.: The Flatulent Terrestrial
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Sins of the fathers (and mothers...)
William Corder and Maria Martin, the major players in the Red Barn affair, both came to sticky ends but their children did not fare much better.
Maria had three children by three different fathers, although only her second child, by Peter Mathews, ‘A Gentleman’, survived into adulthood. Thomas Henry Martin was three years old when his mother was killed, but he grew up living with Maria’s father and step-mother, and eventually took over the Martins’ cottage for a rent of one shilling a year.
Peter Mathews had been supporting his son to the extent of £5 per quarter – which was far more than a parish bastardy order would have demanded. Presumably he carried on with the arrangement after Maria’s death. He may even have made a cash settlement on the child at some point, he could certainly afford it; he left £18,000 on his death in 1870. It is unlikely though that Thomas Henry Martin saw any of that money.
The Ipswich Journal, in December 1887, reported that Thomas Henry Martin, aged 63, had died in Maria Martin’s cottage where he had lived all of his life. The circumstances were tragic. His wife, who was several years older than him, was bedridden, ‘a helpless invalid’. He was unable to work so they were very poor. His wife heard him fall over several times but was unable to go and help him. She lay in bed for 24 hours without food or water before someone came and discovered the body…
William Corder’s wife Mary, whom he met after advertising in the newspapers for a wife, was six months pregnant at the time of his trial. The child, John Corder, was born in his grandmother’s house in Polstead three months later, but it was reported that he had a withered arm and may also have been mentally handicapped.
If a relationship of sorts grew up between the two Mrs Corders, it soon soured. Eight years later Mary Corder junior, brought an action for false imprisonment against William Corder’s sister Elizabeth, her husband Martin Harvey and others, following an incident outside their home. It seems that Mrs Corder junior was seeking financial support for herself and her son, and was convinced that Mrs Corder senior was hiding in her daughter’s cottage...
Subsequently the newspapers reported that Mrs Corder junior and her son were effectively destitute. Mary Corder junior died in Colchester in 1857, but John Corder lived for another 35 years. He died in an asylum in Essex in 1893.
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Donda West, Noted Scholar And Kanye's Mother, Dies At 58
Artist's mother died Saturday, possibly from surgery complications; autopsy reportedly to be performed Wednesday.
Donda West, the mother of Kanye West and former chairwoman of Chicago State University's English department, passed away Saturday, according to a spokesperson for the family. She was 58.
According to multiple sources, West was in Los Angeles and her death may have been the result of complications from a surgical procedure. Patricia Green, Dr. West's publicist, initially told reporters on Monday (November 12) that she died after a cosmetic surgery procedure was performed on her, but Green subsequently denied that Dr. West had undergone surgery, according to CNN.
An autopsy will be performed Wednesday by the Los Angeles County Coroner's office because it is investigating possible surgery complications, a watch commander reportedly told CNN. Lieutenant Fred Corral also said it is not yet known whether the complications possibly arose during or after surgery.
Paramedics brought Donda West to the Centinela Freeman Regional Medical Center in Marina del Rey on Saturday evening, CFMC's Cindy Woelfle told CNN. She said attempts made to revive the victim were unsuccessful, and Donda West died at 8:29 p.m., according to Corral. Dr. West was at her home when 911 was called, TMZ.com reports.
CNN reports that a cosmetic surgeon refused to perform a procedure on Dr. West after she consulted him in June. The surgeon, Andre Aboolian of Beverly Hills, said she contacted him again two weeks ago saying she was ready to go forward with surgery, but he stipulated that he needed a medical clearance before he would perform it. "I always insist on a medical clearance for women over 40, and in this instance it was particularly important because of a condition she had that I felt could have led to a heart attack," Aboolian said in a statement through his publicist, according to CNN. Dr. West was reportedly scheduled to see an internist for tests, but she did not make the appointment.
Although widely known as the mother of Kanye, Dr. West was a noted scholar and an active college professor for 31 years. She left the profession in 2004 to assist with Kanye's career, according to her biography on the Web site of the Kanye West Foundation, an educational nonprofit of which she was chair. She was also chief executive of West Brands, the parent company of her son's businesses.
She began her teaching career in the early 1970s at Morris Brown College in Atlanta and began working at Chicago State University in 1980, according to the site. She was also a Fulbright Scholar and the winner of other awards. Dr. West raised Kanye in the Chicago area along with her husband, Ray, from whom she separated when Kanye was 3. CSU is planning a memorial service for later this week, according to the Chicago Sun-Times. University spokeswoman Robyn Wheeler reportedly said Monday that the event "will really be a celebration of her life." She added, "We are bringing together a number of faculty members who knew her well to organize an upbeat celebration."
She also recently published a book dedicated to her son titled "Raising Kanye: Life Lessons From the Mother of a Hip-Hop Star." The book and subsequent interviews have left little question about the source of Kanye's outspoken nature.
The importance and influence Dr. West had in her son's life is profound. When Kanye appeared on MTV News' "You Hear It First" in 2003, one of his first rhymes was about his mother — he dropped to his knees during the performance to get his point across. Those rhymes later turned up in a full-blown dedication to her, Late Registration's "Hey Mama."
"Hey Mama, I wanna scream so loud for you/ 'Cause I'm so proud of you/ Let me tell you what I'm about to do ... I appreciate what you allowed for me, I just want you to be proud of me."
Kanye has dropped references to his mom on all of his albums.
Kanye's love for his mom was undoubtedly reciprocated tenfold: Not only did Dr. West act as in part as a co-manager, she was also his biggest cheerleader, appearing at many events throughout his career. At the Video Music Awards in September, she was in Kanye's suite at the Palms Hotel in Las Vegas, joining in the party and wearing white shades while she celebrated his show. She also attended his 30th birthday party in New York last summer and his appearance on "The Oprah Winfrey Show."
A spokesman for Kanye West released this brief statement when contacted by MTV News. "The family respectfully asks for privacy during this time of grief."
[This story was originally published at 7:45 p.m. ET on 11.11.07]
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George R.R. Martin Spills 7 Secrets About His New 'Game Of Thrones' Book
Martin returns to 'The World of Ice and Fire' this week.
George R.R. Martin's long-awaited sixth book in the "A Song of Ice and Fire" series, titled "The Winds of Winter," is nowhere in sight. The author has promised that he's working, working, working, but has stopped short of offering a release date, or any approximation of when to expect the continued adventures of Tyrion Lannister and the rest of the "Game of Thrones" heroes and villains.
But that doesn't mean there isn't new material from the world of "Ice and Fire" to chew on. In fact, there is quite literally a new book called "The World of Ice and Fire" hitting stores this week. The hardcover volume, clocking in at over 300 pages, promises to tell "the never-before-seen history of Westeros and the lands beyond," as written by Martin and co-authors Elio M. García Jr. and Linda Antonsson of go-to fan site Westeros.org.
Ahead of the book's release, Martin stopped by the 92Y in New York City to tell tales of "Ice and Fire," and to tease a bit of what he has in store not just in his new book, but in the future of the series. We were in the crowd, and here's what we learned:
1. The "World" Is Big And Getting Bigger
"The World of Ice and Fire" is an almost fully comprehensive compendium of the thousands of years of history surrounding Westeros, Essos and the other nearby and faraway lands. Almost fully comprehensive, because there's still more to reveal in a later book.
Martin said that there are aspects of Westeros history that he's keeping closely guarded until they're revealed in the final two "Ice and Fire" novels, "The Winds of Winter" and "A Dream of Spring," as well as the "Dunk and Egg" short stories set about a century before the events of "A Game of Thrones."
At some future date, Martin will release what he and fans have dubbed "The GRRMarillion," which will go into even more detail than "The World of Ice and Fire." In other words, if you're a fan of Westerosi lore, you'll be sinking your teeth into this world for many moons to come.
2. You Know Nothing, Maester Yandel
Even though he's holding out some of the bigger secrets for the so-called GRRMarillion, Martin conceded that there are certain aspects of Westeros history that needed to make it into "The World of Ice and Fire." And the details he wanted to leave out? Well, he found a solution for that, too.
"The World of Ice and Fire" is written from the perspective of a new character named Maester Yandel, one of the many maesters of the Citadel. Yandel's goal is to chart the "history of deeds gallant and wicked, peoples familiar and strange, and lands near and far." In other words, it's not Martin telling you everything he knows about Westeros; it's a character within the world of Westeros telling you everything he knows about Westeros.
Which, in some cases, is not much at all. Gotta love those unreliable narrators.
3. The Art of the Iron Throne
Martin's new book features pages upon pages of stunning artwork, including (but far from limited to) painter Marc Simonetti's rendition of the Iron Throne. It's a hulking mass of twisted steel, an appalling, asymmetrical monument to blood-fueled conquest. It could not look more different from the Iron Throne that "Game of Thrones" fans are used to seeing, but it's the one that has always existed in Martin's mind.
"You can't do this on a TV show. It's not something I criticize HBO for," he said. "The thrones they have are enormously large and cumbersome to move and build. To build this monstrosity would blow the budget of an entire episode, and it wouldn't fit on the set."
"It's a very large set, but not large enough," he continued. "You would need St. Paul's Cathedral. If they gave us St. Paul's Cathedral, or Westminster Abbey, to shoot in, and a year to build a giant thing like that, then you could get the Iron Throne the way it's described in the books. And that's the difference between books and television. I can say that The Wall is 700 feet high, but I don't actually have to build a wall that's 700 feet high, or a giant throne made of nasty-looking swords."
4. The Gods of "Ice and Fire"
Religion plays an important role in the world of "Ice and Fire," with most of Westeros worshiping the Faith of the Seven, while Northerners like the Starks of Winterfell pray to the Old Gods. But more and more, a new religion is coming into play: R'hllor, the so-called Lord of Light, who the red priestess Melisandre worships unconditionally.
The fire-based R'hllor stands in stark contrast to the ice-dwelling White Walkers beyond the Wall. For years, fans have speculated on a connection between the two parties. But Martin was asked a very direct question about those connections — "Is there any connection between the Lord of Light and the White Walkers, in terms of God and the Devil?" — and he gave an equally direct answer.
And then he laughed. A lot.
5. How to Birth a Dragon
But even Martin was stumped at times during the conversation. One very astute question was raised immediately following talk of R'hllor and the White Walkers.
"The birth of a dragon seems to be connected to fire and death," the question began. "Does birthing a dragon require a human sacrifice?"
Martin was taken aback by the question. He raised his eyebrows, rubbed his face, and let out a sigh, as the audience let out a laugh.
"Interesting notion," he said, slowly. "There are clues in the books… so… you know… I think I'm going to dodge that one right now."
Read into that as you will.
6. Whodor? Hodor.
Martin didn't field too many questions about specific characters in "Game of Thrones" lore, except for one very interesting inquiry about the lovable, huggable, dim-witted almost-giant Hodor. How did Martin decide on the name "Hodor"?
"Well, it's not his real name. It's just what they call him," he said. "His real name's Walder. If your name was Walder, you might want to be called Hodor, too."
After the sweet jab at the Frey family, Martin dropped a big, enigmatic bomb as to why Hodor is called Hodor: "You'll have to keep reading."
Interesting. Does that lend credibility to theories about Hodor's name being some kind of magical code word? That Hodor is actually the great unsung hero of this whole tale? As Martin advised, we'll have to keep reading.
7. Words to Live By
All of the great houses of Westeros have words. "Winter is coming" for the Starks. "Ours is the fury" for House Baratheon. "Hear me roar" for the Lannisters. But what about House R.R. Martin? If George was a royal in the world of Westeros, what would his house words be?
His very satisfying answer: "Deadline? What deadline?"
"The World of Ice and Fire" is available on October 28.
Game of Thrones: Season 04
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Selena Gomez Teases An ‘Epic Album’ While Accepting Billboard’s Woman Of The Year Award
She tearfully dedicated the honor to her life-saving BFF
After a transformative year, Selena Gomez was honored as Billboard’s Woman of the Year at its annual Women in Music ceremony.
At the event last night (November 30), the 25-year-old delivered an emotional acceptance speech and dedicated her award to Francia Raisa, her best friend who donated a kidney this year to save her life.
“To be honest, I think Francia should be getting this award,” Gomez said through tears. “She saved my life… I feel incredibly lucky.”
https://www.youtube.com/watch?v=bMrRN99DYKU
The singer continued by thanking her team and her family, who have stuck by her side after a topsy-turvy year during which she released four Top 40 hits and dealt with painful complications from lupus. Now that she’s on the mend, she wants fans to know that she’s thankful for her platform and for her fellow female trailblazers in music.
“I’ve never felt more proud to be a woman in the industry than I do today, and that’s because I actually feel comfortable with every single woman that has encouraged me," she declared. "But how crucial it is that the voices that are being heard for the first time is so great, and I’m so grateful for all the older women who have lifted all of us up, because I couldn’t be here without any of you. So thank you for all of you who have inspired so many girls who don’t feel like they have a voice.”
After thanking Raisa, Gomez added, “I don't know how I’ll ever repay it, but maybe I’ll make an epic album next year.”
Fingers crossed she does exactly that!
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NEWRY based testing company, Resonate Testing Ltd has partnered with Composites Testing Laboratory (CTL) in Galway to help increase their services and capabilities, as part of ambitious plans by both companies for future growth. The partnership will also ensure that their customers have a one stop shop testing service like no other from two centres of excellence.
In addition to this and as part of the InterTradeIreland Fusion Programme, both companies have come together to support cross border commerce and co-operation. The goal is to complement each other’s capability and offer customers a fully integrated test capability.
Resonate Testing specialises in high quality fire and flammability, vibration and shock, and environmental and climatic testing and certification services, whereas CTL is one of the oldest test laboratories in the EU specialising in composite materials testing, providing mechanical, environmental and physical testing as well as world class static, fatigue and impact testing.
Both companies have traditionally worked in the aerospace sector but have seen continued growth in medical, space, renewable energy and automotive sectors, and although they are two separate companies, both of them believe that this collaboration will only prove to offer a more effective value proposition to many of their customers in those sectors.
Tom Mallon, Managing Director of Resonate Testing said, “2020 has been an interesting year, one where there has been much opportunity amidst the challenges. Our traditional work has been in the aerospace sector, and thankfully some of that has continued but as we upscale in other sectors it is clear that these additional capabilities will bring much needed extra value to our customers.
“This cross-border collaboration, thanks to InterTradeIreland, has allowed us to join forces and offer our individual customers further services and capabilities which will ensure a level of service second to none across Ireland, UK and indeed, beyond. We are more agile, nimble and flexible and we can provide complete solutions for testing and validation. We offer SMEs, as well as the larger companies, a level of service which is above and beyond the norm.”
Chief Commercial Officer of CTL, Mark McKeigue, commented on the island’s new testing powerhouse; “As a leading testing laboratory in the niche Composites industry, we at CTL understand the need to adapt to clients’ requirements and specifications whilst adhering to industry standards.
“We’re delighted to be working with Resonate Testing to provide a complete range of fire and mechanical testing services for composite materials. We’re very thankful to InterTradeIreland for making this project possible.
“As testing companies, we work across similar fields and sectors and as they say, we are stronger together than we are alone. We look forward to working with Tom and his team and bringing more valuable services to our customers whether they are looking assistance on an R&D project, a qualification or just some support, both of our companies have the know-how and expertise to meet the customers’ expectations.”
Alan Morrow, Operations Manager of Innovation Programmes at InterTradeIreland, said:
“We are excited to see this collaboration unfold. Innovation is a fundamental part of every successful business. InterTradeIreland is finding that even during these uncertain times, companies across the island are turning to open innovation, and to the Fusion programme in particular, as a structured solution. We are currently accepting new applications and encourage any interested companies to get in touch.”
Find out more about the Fusion programme at https://intertradeireland.com/innovation/fusion.
Resonate Testing was recently awarded the highest achievable accolade in the Innovation Accreditation Programme for their cutting-edge processes.
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The Desert Home The Adventures of a Lost Family in the Wilderness By: Mayne Reid (1818-1883)
The Desert Home, by Captain Mayne Reid.
This was one of the first books that Mayne Reid wrote. Its action takes place in a central part of North America, designated a Desert. Some people set out to travel in this central desert, when they somewhat lose their way. Luckily they eventually spot the light of a farm house, where they knock and receive hospitality.
Their kind host and his family then explain to them how they came to live where they do, and what a lovely place it is. Reid is very knowledgeable about animals and also plants. Much of the rest of the book is taken up with tales of encounters with various animals, and with stories of the uses of many trees and shrubs.
It is written in an unusual style, but in fact, because of the shortness of the chapters, it can hold the reader's attention very well.
As with several other books by this author it had been very badly typeset, apparently using old and damaged type. This made the OCRed version of the text come out very full of misreads, but it was fun tidying this up. Apologies if any more misreads come to light.
THE GREAT AMERICAN DESERT.
There is a great desert in the interior of North America. It is almost as large as the famous Saara of Africa. It is fifteen hundred miles long, and a thousand wide. Now, if it were of a regular shape that is to say, a parallelogram you could at once compute its area, by multiplying the length upon the breadth; and you would obtain one million and a half for the result one million and a half of square miles. But its outlines are as yet very imperfectly known; and although it is fully fifteen hundred miles long, and in some places a thousand in breadth, its surface extent is probably not over one million of square miles, or twenty five times the size of England. Fancy a desert twenty five times as big as all England! Do you not think that it has received a most appropriate name when it is called the Great American Desert ?
Now, my young friend, what do you understand by a desert? I think I can guess. When you read or hear of a desert, you think of a vast level plain, covered with sand, and without trees, or grass, or any kind of vegetation. You think, also, of this sand being blown about in thick yellow clouds, and no water to be met with in any direction. This is your idea of a desert, is it not? Well, it is not altogether the correct one. It is true that in almost every desert there are these sandy plains, yet are there other parts of its surface of a far different character, equally deserving the name of desert . Although the interior of the great Saara has not been fully explored, enough is known of it to prove that it contains large tracts of mountainous and hilly country, with rocks and valleys, lakes, rivers, and springs. There are, also, fertile spots, at wide distances from each other, covered with trees, and shrubs, and beautiful vegetation. Some of these spots are small, while others are of large extent, and inhabited by independent tribes, and even whole kingdoms of people. A fertile tract of this kind is called an oasis; and, by looking at your map, you will perceive that there are many oases in the Saara of Africa.
Of a similar character is the Great American Desert; but its surface is still more varied with what may be termed "geographical features." There are plains some of them more than a hundred miles wide where you can see nothing but white sand, often drifting about on the wind, and here and there thrown into long ridges such as those made by a snowstorm. There are other plains, equally large, where no sand appears, but brown barren earth utterly destitute of vegetation. There are others, again, on which grows a stunted shrub with leaves of a pale silvery colour... Continue reading book >>
Wikipedia – Mayne Reid
Wikipedia – The Desert Home The Adventures of a Lost Family in the Wilderness
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Saudi Arabia lifts ban on international flights, land and sea entry
Saudi Arabia, Jan 04, 2021: Saudi Arabia is set to scrap entry ban related to a new strain of SARS-CoV-2 on Sunday, state media reported, citing an interior ministry source.
On December 21, Riyadh announced the halt to international flights and the closure of sea and land border crossings due to a new coronavirus mutation detected in a number of countries. On Monday, the kingdom extended the measures for another week.
According to the SPA news agency, the country will resume international flights and reopen borders from 11:00 a.m. (8:00 GMT) on Sunday.
Non-citizens coming from the UK, South Africa, and other countries that have detected the new variant of the novel coronavirus will be required to spend no less than 14 days outside the affected countries before entering the kingdom, the agency said. Such travellers will also need to provide negative polymerase chain reaction (PCR) tests for the coronavirus.
Travellers from other countries will have to spend three to seven days in self-isolation and also provide PCR test results.
A new strain of SARS-CoV-2, which could be up to 70 per cent more transmissible, was discovered in southeast England in mid-December. Despite many countries having suspended air service with the UK, the new strain is said to have spread across Europe and further afield.
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GENERAL PENALTIES; REGISTRATION OF CRIMINALS
775.01 Common law of England.
775.011 Short title; applicability to antecedent offenses.
775.012 General purposes.
775.02 Punishment of common-law offenses.
775.021 Rules of construction.
775.022 Effect of reenactment or amendment of criminal statutes; references in criminal statutes.
775.027 Insanity defense.
775.03 Benefit of clergy.
775.04 What penal acts or omissions not public offenses.
775.051 Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.
775.08 Classes and definitions of offenses.
775.081 Classifications of felonies and misdemeanors.
775.0823 Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.
775.0835 Fines; surcharges; Crimes Compensation Trust Fund.
775.0837 Habitual misdemeanor offenders.
775.0841 Legislative findings and intent.
775.0842 Persons subject to career criminal prosecution efforts.
775.0843 Policies to be adopted for career criminal cases.
775.08435 Prohibition on withholding adjudication in felony cases.
775.0844 White Collar Crime Victim Protection Act.
775.0845 Wearing mask while committing offense; reclassification.
775.0846 Possession of bulletproof vest while committing certain offenses.
775.0847 Possession or promotion of certain images of child pornography; reclassification.
775.0849 Public service announcements; ch. 99-188.
775.085 Evidencing prejudice while committing offense; reclassification.
775.0861 Offenses against persons on the grounds of religious institutions; reclassification.
775.0862 Sexual offenses against students by authority figures; reclassification.
775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; reclassification.
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.
775.0871 Public service announcements.
775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties.
775.0877 Criminal transmission of HIV; procedures; penalties.
775.089 Restitution.
775.091 Public service.
775.13 Registration of convicted felons, exemptions; penalties.
775.14 Limitation on withheld sentences.
775.15 Time limitations; general time limitations; exceptions.
775.16 Drug offenses; additional penalties.
775.21 The Florida Sexual Predators Act.
775.215 Residency restriction for persons convicted of certain sex offenses.
775.24 Duty of the court to uphold laws governing sexual predators and sexual offenders.
775.25 Prosecutions for acts or omissions.
775.26 Registration of career offenders and public notification; legislative findings and intent.
775.261 The Florida Career Offender Registration Act.
775.30 Terrorism; defined; penalties.
775.31 Facilitating or furthering terrorism; felony or misdemeanor reclassification.
775.32 Use of military-type training provided by a designated foreign terrorist organization.
775.33 Providing material support or resources for terrorism or to terrorist organizations.
775.34 Membership in a designated foreign terrorist organization.
775.35 Agroterrorism; penalties.
775.01 Common law of England.—The common law of England in relation to crimes, except so far as the same relates to the modes and degrees of punishment, shall be of full force in this state where there is no existing provision by statute on the subject.
History.—s. 1, Nov. 6, 1829; s. 1, Feb. 10, 1832; RS 2369; GS 3194; RGS 5024; CGL 7126.
(1) This act shall be known and may be cited as the “Florida Criminal Code.”
(2) Except as provided in subsection (3), the code does not apply to offenses committed prior to October 1, 1975, and prosecutions for such offenses shall be governed by the prior law. For the purposes of this section, an offense was committed prior to October 1, 1975, if any of the material elements of the offense occurred prior thereto.
(3) In any case pending on or after October 1, 1975, involving an offense committed prior to such date, the provisions of the code involving any quasi-procedural matter shall govern, insofar as they are justly applicable, and the provisions of the code according a defense or mitigation or establishing a penalty shall apply only with the consent of the defendant.
History.—s. 1, ch. 74-383; s. 43, ch. 75-298; s. 484, ch. 81-259.
775.012 General purposes.—The general purposes of the provisions of the code are:
(1) To proscribe conduct that improperly causes or threatens substantial harm to individual or public interest.
(2) To give fair warning to the people of the state in understandable language of the nature of the conduct proscribed and of the sentences authorized upon conviction.
(3) To define clearly the material elements constituting an offense and the accompanying state of mind or criminal intent required for that offense.
(4) To differentiate on reasonable grounds between serious and minor offenses and to establish appropriate disposition for each.
(5) To safeguard conduct that is without fault or legitimate state interest from being condemned as criminal.
(6) To ensure the public safety by deterring the commission of offenses and providing for the opportunity for rehabilitation of those convicted and for their confinement when required in the interests of public protection.
775.02 Punishment of common-law offenses.—When there exists no such provision by statute, the court shall proceed to punish such offense by fine or imprisonment, but the fine shall not exceed $500, nor the imprisonment 12 months.
History.—s. 1, Nov. 6, 1829; RS 2370; GS 3195; RGS 5025; CGL 7127; s. 76, Feb. 10, 1832.
(1) The provisions of this code and offenses defined by other statutes shall be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused.
(2) The provisions of this chapter are applicable to offenses defined by other statutes, unless the code otherwise provides.
(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.
(4)(a) Whoever, in the course of one criminal transaction or episode, commits an act or acts which constitute one or more separate criminal offenses, upon conviction and adjudication of guilt, shall be sentenced separately for each criminal offense; and the sentencing judge may order the sentences to be served concurrently or consecutively. For the purposes of this subsection, offenses are separate if each offense requires proof of an element that the other does not, without regard to the accusatory pleading or the proof adduced at trial.
(b) The intent of the Legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode or transaction and not to allow the principle of lenity as set forth in subsection (1) to determine legislative intent. Exceptions to this rule of construction are:
1. Offenses which require identical elements of proof.
2. Offenses which are degrees of the same offense as provided by statute.
3. Offenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.
(5) Whoever commits an act that violates a provision of this code or commits a criminal offense defined by another statute and thereby causes the death of, or bodily injury to, an unborn child commits a separate offense if the provision or statute does not otherwise specifically provide a separate offense for such death or injury to an unborn child.
(a) Except as otherwise provided in this subsection, the punishment for a separate offense under this subsection is the same as the punishment provided under this code or other statute for that conduct had the injury or death occurred to the mother of the unborn child.
(b) An offense under this subsection does not require proof that the person engaging in the conduct:
1. Had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
2. Intended to cause the death of, or bodily injury to, the unborn child.
(c) Notwithstanding any other provision of law, the death penalty may not be imposed for an offense under this subsection.
(d) This subsection does not permit the prosecution:
1. Of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
2. Of a person for providing medical treatment of the pregnant woman or her unborn child; or
3. Of a woman with respect to her unborn child.
(e) As used in this subsection, the term “unborn child” means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.
History.—s. 3, ch. 74-383; s. 1, ch. 76-66; s. 1, ch. 77-174; s. 1, ch. 83-156; s. 7, ch. 88-131; s. 2, ch. 2014-194.
(1) It is the intent of the Legislature that:
(a) This section preclude the application of the common law doctrine of abatement to a reenactment or an amendment of a criminal statute; and
(b) An act of the Legislature reenacting or amending a criminal statute not be considered a repeal or an implied repeal of such statute for purposes of s. 9, Art. X of the State Constitution.
(2) As used in this section, the term “criminal statute” means a statute, whether substantive or procedural, dealing in any way with a crime or its punishment, defining a crime or a defense to a crime, or providing for the punishment of a crime.
(3) Except as expressly provided in an act of the Legislature or as provided in subsections (4) and (5), the reenactment or amendment of a criminal statute operates prospectively and does not affect or abate any of the following:
(a) The prior operation of the statute or a prosecution or enforcement thereunder.
(b) A violation of the statute based on any act or omission occurring before the effective date of the act.
(c) A prior penalty, prior forfeiture, or prior punishment incurred or imposed under the statute.
(4) If a penalty, forfeiture, or punishment for a violation of a criminal statute is reduced by a reenactment or an amendment of a criminal statute, the penalty, forfeiture, or punishment, if not already imposed, must be imposed according to the statute as amended.
(5) This section may not be construed to limit the retroactive effect of any defense to a criminal statute enacted or amended by the Legislature in a criminal case that has not yet resulted in the imposition of a judgment or sentence by the trial court or an appellate decision affirming a judgment or sentence of the trial court.
(6) A reference to any other chapter, part, section, or subdivision of the Florida Statutes in a criminal statute or a reference within a criminal statute constitutes a general reference under the doctrine of incorporation by reference.
(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:
(a) The defendant had a mental infirmity, disease, or defect; and
(b) Because of this condition, the defendant:
1. Did not know what he or she was doing or its consequences; or
2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.
Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.
(2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
775.03 Benefit of clergy.—The doctrine of benefit of clergy shall have no operation in this state.
History.—s. 75, Feb. 10, 1832; RS 2371; GS 3196; RGS 5026; CGL 7128.
775.04 What penal acts or omissions not public offenses.—Acts or omissions to which a pecuniary penalty is attached, recoverable by action by a person for his or her own use or for the use, in whole or in part, of the state or of a county or a public body, or of a corporation, are not public offenses within the meaning of these statutes.
History.—RS 2349; GS 3173; RGS 5002; CGL 7101; s. 1184, ch. 97-102.
775.051 Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.—Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.
775.08 Classes and definitions of offenses.—When used in the laws of this state:
(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.
(2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.
(3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.
(4) The term “crime” shall mean a felony or misdemeanor.
History.—s. 1(11), ch. 1637, 1868; RS 2352; GS 3176; RGS 5006; CGL 7105; s. 1, ch. 71-136; s. 4, ch. 74-383; s. 1, ch. 75-298; s. 1, ch. 88-196.
(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
(a) Capital felony;
(b) Life felony;
(c) Felony of the first degree;
(d) Felony of the second degree; and
(e) Felony of the third degree.
A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.
(2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
(a) Misdemeanor of the first degree; and
(b) Misdemeanor of the second degree.
A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.
(3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.
775.0823 Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.—The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer’s duty as a law enforcement or correctional officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or investigator, or the justice’s or judge’s duty as a judicial officer, as follows:
(1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release.
(2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
(11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.
History.—s. 3, ch. 89-100; s. 1, ch. 90-77; s. 16, ch. 93-406; s. 17, ch. 95-184; s. 11, ch. 97-194; s. 5, ch. 98-417; s. 3, ch. 2001-236; s. 1, ch. 2007-212; s. 2, ch. 2010-121; s. 5, ch. 2012-21; s. 26, ch. 2016-24; s. 22, ch. 2017-37; s. 12, ch. 2017-107.
(1) When any person pleads guilty or nolo contendere to, or is convicted of, any felony or misdemeanor under the laws of this state which resulted in the injury or death of another person, the court may, if it finds that the defendant has the present ability to pay the fine and finds that the impact of the fine upon the defendant’s dependents will not cause such dependents to be dependent on public welfare, in addition to any other penalty, order the defendant to pay a fine, commensurate with the offense committed and with the probable impact upon the victim, but not to exceed $10,000. The fine shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund.
(2) The additional $50 obligation created by s. 938.03 shall be collected, and $49 of each $50 collected shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund, prior to any fine or surcharge authorized by this chapter. These costs are considered assessed unless specifically waived by the court. If the court does not order these costs, it shall state on the record, in detail, the reasons therefor.
History.—ss. 2, 3, ch. 77-452; s. 20, ch. 80-146; s. 2, ch. 83-319; s. 8, ch. 85-326; s. 12, ch. 91-23; s. 2, ch. 93-9; s. 18, ch. 94-342; s. 6, ch. 97-271; s. 18, ch. 2001-122.
(a) “Convicted” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(b) “Habitual misdemeanor offender” means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of four or more specified misdemeanor offenses which meet the following criteria:
1. The offenses, in relation to each other and the misdemeanor before the court for sentencing, are separate offenses that are not part of the same criminal transaction or episode.
2. The offenses were committed within 1 year of the date that the misdemeanor before the court for sentencing was committed.
(c) “Specified misdemeanor offense” means those misdemeanor offenses described in chapter 741, chapter 784, chapter 790, chapter 796, chapter 800, chapter 806, chapter 810, chapter 812, chapter 817, chapter 831, chapter 832, chapter 843, chapter 856, chapter 893, or chapter 901.
(d) “Imprisonment” means incarceration in a county jail operated by the county or a private vendor.
(2) If the court finds that a defendant before the court for sentencing for a misdemeanor is a habitual misdemeanor offender, the court shall, unless the court makes a finding that an alternative disposition is in the best interests of the community and defendant, sentence the defendant as a habitual misdemeanor offender and impose one of the following sentences:
(a) A term of imprisonment of not less than 6 months, but not to exceed 1 year;
(b) Commitment to a residential treatment program for not less than 6 months, but not to exceed 364 days, provided that the treatment program is operated by the county or a private vendor with which the county has contracted to operate such program, or by a private vendor under contract with the state or licensed by the state to operate such program, and provided that any referral to a residential treatment facility is in accordance with the assessment criteria for residential treatment established by the Department of Children and Families, and that residential treatment beds are available or other community-based treatment program or a combination of residential and community-based program; or
(c) Detention for not less than 6 months, but not to exceed 364 days, to a designated residence, if the detention is supervised or monitored by the county or by a private vendor with which the county has contracted to supervise or monitor the detention.
The court may not sentence a defendant under this subsection if the misdemeanor offense before the court for sentencing has been reclassified as a felony as a result of any prior qualifying misdemeanor.
History.—s. 1, ch. 2004-348; s. 295, ch. 2014-19.
775.0841 Legislative findings and intent.—The Legislature finds a substantial and disproportionate number of serious crimes are committed in Florida by a relatively small number of repeat and violent felony offenders, commonly known as career criminals. The Legislature further finds that priority should be given to the investigation, apprehension, and prosecution of career criminals in the use of law enforcement resources and to the incarceration of career criminals in the use of available prison space. The Legislature intends to initiate and support increased efforts by state and local law enforcement agencies and state attorneys’ offices to investigate, apprehend, and prosecute career criminals and to incarcerate them for extended terms; and, in the case of violent career criminals, such extended terms must include substantial mandatory minimum terms of imprisonment.
775.0842 Persons subject to career criminal prosecution efforts.—A person who is under arrest for the commission, attempted commission, or conspiracy to commit any felony in this state shall be the subject of career criminal prosecution efforts provided that such person qualifies as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, under s. 775.084.
History.—s. 4, ch. 88-131; s. 2, ch. 89-280; s. 5, ch. 95-182; s. 46, ch. 96-388.
(1) Criminal justice agencies shall employ enhanced law enforcement management efforts and resources for the investigation, apprehension, and prosecution of career criminals. Each state attorney, sheriff, and the police chief of each municipality shall provide for or participate in a career criminal prosecution program to coordinate the efforts contemplated by this section and ss. 775.0841 and 775.0842. Enhanced law enforcement efforts and resources include, but are not limited to:
(a) Assignment of highly qualified investigators and prosecutors to career criminal cases.
(b) Significant reduction of caseloads for investigators and prosecutors assigned to career criminal cases.
(c) Coordination with federal, state, and local criminal justice agencies to facilitate the collection and dissemination of criminal investigative and intelligence information relating to those persons meeting the criteria of a career criminal.
(2) Each state attorney’s office shall establish a career criminal prosecution unit and adopt and implement policies based on the following guidelines:
(a) All reasonable prosecutorial efforts shall be made to resist the pretrial release of a charged defendant meeting career criminal criteria.
(b) A plea of guilty or a trial conviction shall be sought on each offense charged in the accusatory pleadings against an individual meeting career criminal criteria.
(c) All reasonable prosecutorial efforts shall be made to reduce the time between arrest and disposition of charges against an individual meeting career criminal criteria.
(d) All reasonable prosecutorial efforts shall be made to persuade the court to impose the most severe sanction authorized upon a person convicted after prosecution as a career criminal.
(3) This section does not prohibit a plea agreement in the interest of justice when there are codefendants and the prosecuting attorney determines that the information or testimony of the defendant making the agreement is necessary for the conviction of one or more of the other codefendants. The court may condition its acceptance of such plea agreement on the provision of such information or testimony by such defendant.
(4) Law enforcement agencies shall employ enhanced law enforcement management efforts and resources in the investigation, apprehension, and prosecution of career criminals. Enhanced law enforcement efforts and resources include, but are not limited to:
(a) Crime analysis, consisting of the timely collection and study of local crime data to:
1. Identify evolving or existing crime patterns involving career criminals.
2. Provide investigative leads.
3. Isolate and identify geographical areas or population groups experiencing severe crime problems in order to improve crime prevention efforts.
4. Provide supporting data for improved allocation of overall law enforcement agency resources.
(b) Improved management of investigative operations involving use of information resulting from crime analysis, which may include participation in multijurisdictional investigative and mutual-aid units and measures to increase continuity of investigative efforts from the initial response through the arrest and prosecution of the offender.
(5) Each career criminal apprehension program shall concentrate on the identification and arrest of career criminals and the support of subsequent prosecution. The determination of which suspected felony offenders shall be the subject of career criminal apprehension efforts shall be made in accordance with written target selection criteria selected by the individual law enforcement agency and state attorney consistent with the provisions of this section and s. 775.0842.
(6) Each career criminal apprehension program, as one of its functions, shall maintain coordination with the prosecutor assigned to each case resulting from its efforts. This coordination shall include, but is not limited to, case preparation, processing, and adjudication.
History.—s. 5, ch. 88-131; s. 3, ch. 89-280; s. 6, ch. 95-182; s. 6, ch. 2011-200.
(1) Notwithstanding the provisions of s. 948.01, the court may not withhold adjudication of guilt upon the defendant for:
(a) Any capital, life, or first degree felony offense.
(b) A second degree felony offense unless:
1. The state attorney requests in writing that adjudication be withheld; or
2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with those set forth in s. 921.0026.
Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a second degree felony offense if the defendant has a prior withholding of adjudication for a felony that did not arise from the same transaction as the current felony offense.
(c) A third degree felony that is a crime of domestic violence as defined in s. 741.28, unless:
2. The court makes written findings that the withholding of adjudication is reasonably justified based on circumstances or factors in accordance with s. 921.0026.
(d) A third degree felony offense if the defendant has a prior withholding of adjudication for a felony offense that did not arise from the same transaction as the current felony offense unless:
Notwithstanding any provision of this section, no adjudication of guilt shall be withheld for a third degree felony offense if the defendant has two or more prior withholdings of adjudication for a felony that did not arise from the same transaction as the current felony offense.
(2) This section does not apply to any adjudication or withholding of adjudication under chapter 985.
(3) The withholding of adjudication in violation of this section is subject to appellate review under chapter 924.
(1) This section may be cited as the “White Collar Crime Victim Protection Act.”
(2) Due to the frequency with which victims, particularly elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet and other electronic technology and frequently causing the loss of substantial amounts of property, it is the intent of the Legislature to enhance the sanctions imposed for nonviolent frauds and swindles, protect the public’s property, and assist in prosecuting white collar criminals.
(3) As used in this section, “white collar crime” means:
(a) The commission of, or a conspiracy to commit, any felony offense specified in:
1. Chapter 560, relating to the Money Transmitters’ Code.
2. Chapter 812, relating to theft, robbery, and related crimes.
3. Chapter 815, relating to computer-related crimes.
4. Chapter 817, relating to fraudulent practices.
5. Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and disabled adults.
6. Chapter 831, relating to forgery and counterfeiting.
7. Chapter 832, relating to the issuance of worthless checks and drafts.
8. Chapter 838, relating to bribery and misuse of public office.
9. Chapter 839, relating to offenses by public officers and employees.
10. Chapter 895, relating to offenses concerning racketeering and illegal debts.
11. Chapter 896, relating to offenses related to financial transactions.
(b) A felony offense that is committed with intent to defraud or that involves a conspiracy to defraud.
(c) A felony offense that is committed with intent to temporarily or permanently deprive a person of his or her property or that involves a conspiracy to temporarily or permanently deprive a person of his or her property.
(d) A felony offense that involves or results in the commission of fraud or deceit upon a person or that involves a conspiracy to commit fraud or deceit upon a person.
(4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.
(5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either:
(a) Victimizes 10 or more elderly persons, as defined in s. 825.101;
(b) Victimizes 10 or more veterans, as defined in s. 1.01;
(c) Victimizes 20 or more persons, as defined in s. 1.01; or
(d) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,
and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Notwithstanding any other provision of chapter 921 or any other law, an aggravated white collar crime shall be ranked within the offense severity ranking chart at offense severity level 9.
(7) In addition to a sentence otherwise authorized by law, a person convicted of an aggravated white collar crime may pay a fine of $500,000 or double the value of the pecuniary gain or loss, whichever is greater.
(8) A person convicted of an aggravated white collar crime under this section is liable for all court costs and shall pay restitution to each victim of the crime, regardless of whether the victim is named in the information or indictment. As used in this subsection, “victim” means a person directly and proximately harmed as a result of the commission of the offense for which restitution may be ordered, including any person directly harmed by the defendant’s criminal conduct in the course of the commission of the aggravated white collar crime. The court shall hold a hearing to determine the identity of qualifying victims and shall order the defendant to pay restitution based on his or her ability to pay, in accordance with this section and s. 775.089.
(a) The court shall make the payment of restitution a condition of any probation granted to the defendant by the court. Notwithstanding any other law, the court may order continued probation for a defendant convicted under this section for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.
(b) The court retains jurisdiction to enforce its order to pay fines or restitution. The court may initiate proceedings against a defendant for a violation of probation or for contempt of court if the defendant willfully fails to comply with a lawful order of the court.
History.—s. 1, ch. 2001-99; s. 6, ch. 2014-200; s. 2, ch. 2020-163.
775.0845 Wearing mask while committing offense; reclassification.—The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity.
(1)(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
(2)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.
History.—s. 2, ch. 81-249; s. 21, ch. 95-184; s. 1, ch. 97-39; s. 1185, ch. 97-102; s. 13, ch. 97-194; s. 25, ch. 2009-20.
(1) As used in this section, the term “bulletproof vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as “threat level I,” which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.
(2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime.
History.—s. 1, ch. 85-29; s. 1186, ch. 97-102; s. 3, ch. 2008-238.
(1) For purposes of this section:
(a) “Child” means any person, whose identity is known or unknown, less than 18 years of age.
(b) “Child pornography” means any image depicting a minor engaged in sexual conduct.
(c) “Sadomasochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.
(d) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
(e) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
(f) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if:
(a) The offender possesses 10 or more images of any form of child pornography regardless of content; and
(b) The content of at least one image contains one or more of the following:
1. A child who is younger than the age of 5.
2. Sadomasochistic abuse involving a child.
3. Sexual battery involving a child.
4. Sexual bestiality involving a child.
5. Any movie involving a child, regardless of length and regardless of whether the movie contains sound.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
775.0849 Public service announcements; ch. 99-188.—In order to inform the public and to deter and prevent crime in the state, the Executive Office of the Governor shall place public service announcements in visible local media throughout the state explaining the penalties provided in chapter 99-188, Laws of Florida.
History.—s. 12, ch. 99-188; s. 1, ch. 2002-208; s. 1, ch. 2002-209; s. 1, ch. 2002-210; s. 1, ch. 2002-211; s. 1, ch. 2002-212.
(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim:
1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
2. A misdemeanor of the first degree is reclassified to a felony of the third degree.
3. A felony of the third degree is reclassified to a felony of the second degree.
4. A felony of the second degree is reclassified to a felony of the first degree.
5. A felony of the first degree is reclassified to a life felony.
(b) As used in paragraph (a), the term:
1. “Advanced age” means that the victim is older than 65 years of age.
2. “Homeless status” means that the victim:
a. Lacks a fixed, regular, and adequate nighttime residence; or
b. Has a primary nighttime residence that is:
(I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or
(II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs.
(3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.
History.—s. 1, ch. 89-133; s. 1, ch. 91-83; s. 1, ch. 98-83; s. 1, ch. 99-172; s. 1, ch. 2010-46; s. 2, ch. 2016-81.
(a) “Religious institution” is as defined in s. 496.404.
(b) “Religious service” is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion.
(2) The felony or misdemeanor degree of any violation of:
(a) Section 784.011, relating to assault;
(b) Section 784.021, relating to aggravated assault;
(c) Section 784.03, relating to battery;
(d) Section 784.041, relating to felony battery;
(e) A statute defining any offense listed in s. 775.084(1)(b)1.; or
(f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual
shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart.
(c) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.
(e) In the case of a felony of the first degree, the offense is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
(a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school.
(b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include facilities dedicated exclusively to the education of adults.
(c) “Student” means a person younger than 18 years of age who is enrolled at a school.
(2) The felony degree of a violation of an offense listed in s. 943.0435(1)(h)1.a., unless the offense is a violation of s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school.
(c) In the case of a felony of the first degree, the offense is reclassified to a life felony.
History.—s. 2, ch. 2014-202; s. 91, ch. 2015-2; s. 69, ch. 2016-24; s. 10, ch. 2016-104.
(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on a mental or physical disability of the victim:
(b) As used in paragraph (a), the term “mental or physical disability” means a condition of mental or physical incapacitation due to a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict a person’s ability to perform the normal activities of daily living.
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:
a. Murder;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Aircraft piracy;
j. Aggravated child abuse;
k. Aggravated abuse of an elderly person or disabled adult;
m. Carjacking;
n. Home-invasion robbery;
p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or
q. Possession of a firearm by a felon
and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years.
2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-p., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-p., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.
Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.
(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.
(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:
i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
n. Carjacking;
o. Home-invasion robbery;
p. Aggravated stalking; or
q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);
and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.
2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(e) As used in this subsection, the term:
1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.
2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.
(4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.
(5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.
History.—s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195; s. 15, ch. 96-322; s. 55, ch. 96-388; s. 14, ch. 97-194; s. 1, ch. 99-12; s. 88, ch. 2000-158; s. 5, ch. 2000-320; s. 11, ch. 2005-128; s. 4, ch. 2011-200; s. 1, ch. 2012-74; s. 3, ch. 2014-176; s. 2, ch. 2014-195; s. 1, ch. 2016-7; s. 121, ch. 2019-167.
775.0871 Public service announcements.—In order to inform the public and to deter and prevent crime, the Office of the Governor shall place public service announcements in areas having the highest representation in the correctional system explaining the penalties provided in this act. In addition, the Office of the Governor shall place public service announcements directed to areas of the state which have the highest rate of firearms-related offenses to maximize the preventative aspects of advertising the penalties imposed by this act.
(1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows:
(a)1. In the case of a felony of the first degree, to a life felony.
2. In the case of a felony of the second degree, to a felony of the first degree.
3. In the case of a felony of the third degree, to a felony of the second degree.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
(b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
(3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 89-157; s. 17, ch. 93-406; s. 22, ch. 95-184; s. 56, ch. 96-388; s. 15, ch. 97-194.
(1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids from one person to another:
(a) Section 794.011, relating to sexual battery;
(b) Section 826.04, relating to incest;
(c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;
(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;
(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;
(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;
(h) Section 827.03(2)(c), relating to child abuse;
(i) Section 827.03(2)(a), relating to aggravated child abuse;
(j) Section 825.102(1), relating to abuse of an elderly person or disabled adult;
(k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult;
(l) Section 827.071, relating to sexual performance by person less than 18 years of age;
(m) Sections 796.07 and 796.08, relating to prostitution;
(n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue; or
(o) Sections 787.06(3)(b), (d), (f), and (g), relating to human trafficking,
the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of the alleged offense.
(2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public health agency of the county in which the conviction occurred and, if different, the county of residence of the offender, and, upon request pursuant to s. 960.003, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor.
(3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n).
(4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may introduce results of a backup test performed at her or his own expense.
(5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed criminal transmission of HIV.
(6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in transmission of the HIV infection, and consented to the action voluntarily with that knowledge.
History.—s. 8, ch. 93-227; s. 7, ch. 96-221; s. 2, ch. 96-293; s. 16, ch. 96-322; s. 4, ch. 97-37; s. 1811, ch. 97-102; s. 95, ch. 99-3; s. 291, ch. 99-8; s. 2, ch. 2010-64; s. 4, ch. 2010-113; s. 1, ch. 2010-117; s. 11, ch. 2012-155; s. 127, ch. 2012-184; s. 17, ch. 2014-160; s. 32, ch. 2016-24.
(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for:
1. Damage or loss caused directly or indirectly by the defendant’s offense; and
2. Damage or loss related to the defendant’s criminal episode,
unless it finds clear and compelling reasons not to order such restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter 960. Payment of an award by the Crimes Compensation Trust Fund shall create an order of restitution to the Crimes Compensation Trust Fund, unless specifically waived in accordance with subparagraph (b)1.
(b)1. If the court does not order restitution, or orders restitution of only a portion of the damages, as provided in this section, it shall state on the record in detail the reasons therefor.
2. An order of restitution entered as part of a plea agreement is as definitive and binding as any other order of restitution, and a statement to such effect must be made part of the plea agreement. A plea agreement may contain provisions that order restitution relating to criminal offenses committed by the defendant to which the defendant did not specifically enter a plea.
(c) The term “victim” as used in this section and in any provision of law relating to restitution means:
1. Each person who suffers property damage or loss, monetary expense, or physical injury or death as a direct or indirect result of the defendant’s offense or criminal episode, and also includes the victim’s estate if the victim is deceased, and the victim’s next of kin if the victim is deceased as a result of the offense. The term includes governmental entities and political subdivisions, as those terms are defined in s. 11.45, when such entities are a direct victim of the defendant’s offense or criminal episode and not merely providing public services in response to the offense or criminal episode.
2. The term also includes the victim’s trade association if the offense is a violation of s. 540.11(3)(a)3. involving the sale, or possession for purposes of sale, of physical articles and the victim has granted the trade association written authorization to represent the victim’s interests in criminal legal proceedings and to collect restitution on the victim’s behalf. The restitution obligation in this subparagraph relating to violations of s. 540.11(3)(a)3. applies only to physical articles and does not apply to electronic articles or digital files that are distributed or made available online. As used in this subparagraph, the term “trade association” means an organization founded and funded by businesses that operate in a specific industry to protect their collective interests.
(2)(a) When an offense has resulted in bodily injury to a victim, a restitution order entered under subsection (1) shall require that the defendant:
1. Pay the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing.
2. Pay the cost of necessary physical and occupational therapy and rehabilitation.
3. Reimburse the victim for income lost by the victim as a result of the offense.
4. In the case of an offense which resulted in bodily injury that also resulted in the death of a victim, pay an amount equal to the cost of necessary funeral and related services.
(b) When an offense has not resulted in bodily injury to a victim, a restitution order entered under subsection (1) may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(3)(a) The court may require that the defendant make restitution under this section within a specified period or in specified installments.
(b) The end of such period or the last such installment shall not be later than:
1. The end of the period of probation if probation is ordered;
2. Five years after the end of the term of imprisonment imposed if the court does not order probation; or
3. Five years after the date of sentencing in any other case.
(c) Notwithstanding this subsection, a court that has ordered restitution for a misdemeanor offense shall retain jurisdiction for the purpose of enforcing the restitution order for any period, not to exceed 5 years, that is pronounced by the court at the time restitution is ordered.
(d) If not otherwise provided by the court under this subsection, restitution must be made immediately.
If the restitution ordered by the court is not made within the time period specified, the court may continue the restitution order through the duration of the civil judgment provision set forth in subsection (5) and as provided in s. 55.10.
(4) If a defendant is placed on probation or paroled, complete satisfaction of any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation, and the Florida Commission on Offender Review may revoke parole, if the defendant fails to comply with such order.
(5) An order of restitution may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with s. 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant. If civil enforcement is necessary, the defendant shall be liable for costs and attorney’s fees incurred by the victim in enforcing the order.
(6)(a) The court, in determining whether to order restitution and the amount of such restitution, shall consider the amount of the loss sustained by any victim as a result of the offense.
(b) The criminal court, at the time of enforcement of the restitution order, shall consider the financial resources of the defendant, the present and potential future financial needs and earning ability of the defendant and his or her dependents, and such other factors which it deems appropriate.
(7) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the state attorney. The burden of demonstrating the present financial resources and the absence of potential future financial resources of the defendant and the financial needs of the defendant and his or her dependents is on the defendant. The burden of demonstrating such other matters as the court deems appropriate is upon the party designated by the court as justice requires.
(8) The conviction of a defendant for an offense involving the act giving rise to restitution under this section shall estop the defendant from denying the essential allegations of that offense in any subsequent civil proceeding. An order of restitution hereunder will not bar any subsequent civil remedy or recovery, but the amount of such restitution shall be set off against any subsequent independent civil recovery.
(9) When a corporation or unincorporated association is ordered to make restitution, the person authorized to make disbursements from the assets of such corporation or association shall pay restitution from such assets, and such person may be held in contempt for failure to make such restitution.
(10)(a) Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment.
(b) The restitution obligation is not subject to discharge in bankruptcy, whether voluntary or involuntary, or to any other statutory or common-law proceeding for relief against creditors.
(11)(a) The court may order the clerk of the court to collect and dispense restitution payments in any case.
(b) The court may order the Department of Corrections to collect and dispense restitution and other payments from persons remanded to its custody or supervision.
(12)(a) Issuance of income deduction order with an order for restitution.—
1. Upon the entry of an order for restitution, the court shall enter a separate order for income deduction if one has not been entered.
2. The income deduction order shall direct a payor to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant’s obligation.
3. The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.
4. When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state:
a. All fees or interest which shall be imposed.
b. The total amount of income to be deducted for each pay period.
c. That the income deduction order applies to current and subsequent payors and periods of employment.
d. That a copy of the income deduction order will be served on the defendant’s payor or payors.
e. That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.
f. That the defendant is required to notify the clerk of court within 7 days after changes in the defendant’s address, payors, and the addresses of his or her payors.
(b) Enforcement of income deduction orders.—
1. The clerk of court or probation officer shall serve an income deduction order and the notice to payor on the defendant’s payor unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.
2.a. Service by or upon any person who is a party to a proceeding under this subsection shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service upon parties.
b. Service upon the defendant’s payor or successor payor under this subsection shall be made by prepaid certified mail, return receipt requested, or in the manner prescribed in chapter 48.
3. The defendant, within 15 days after having an income deduction order entered against him or her, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed. The timely request for a hearing shall stay the service of an income deduction order on all payors of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.
4. The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:
a. Require the payor to deduct from the defendant’s income the amount specified in the income deduction order and to pay that amount to the clerk of court.
b. Instruct the payor to implement the income deduction order no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on the payor.
c. Instruct the payor to forward within 2 days after each payment date to the clerk of court the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.
d. Specify that, if a payor fails to deduct the proper amount from the defendant’s income, the payor is liable for the amount the payor should have deducted plus costs, interest, and reasonable attorney’s fees.
e. Provide that the payor may collect up to $5 against the defendant’s income to reimburse the payor for administrative costs for the first income deduction and up to $2 for each deduction thereafter.
f. State that the income deduction order and the notice to payor are binding on the payor until further notice by the court or until the payor no longer provides income to the defendant.
g. Instruct the payor that, when he or she no longer provides income to the defendant, the payor shall notify the clerk of court and shall also provide the defendant’s last known address and the name and address of the defendant’s new payor, if known, and that, if the payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
h. State that the payor shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payor to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
i. Inform the payor that, when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of court, the payor may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.
j. Inform the payor that if the payor receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.
5. The clerk of court shall enforce income deduction orders against the defendant’s successor payor who is located in this state in the same manner prescribed in this subsection for the enforcement of an income deduction order against an original payor.
6. A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation.
7. When a payor no longer provides income to a defendant, the payor shall notify the clerk of court and shall provide the defendant’s last known address and the name and address of the defendant’s new payor, if known. A payor who violates this provision is subject to a civil penalty not to exceed $250 for the first violation or $500 for a subsequent violation.
History.—s. 1, ch. 77-150; s. 288, ch. 79-400; s. 5, ch. 84-363; s. 2, ch. 88-96; s. 38, ch. 88-122; s. 10, ch. 89-526; s. 2, ch. 92-107; s. 1, ch. 93-37; s. 3, ch. 93-69; s. 19, ch. 94-342; s. 1, ch. 95-160; s. 1187, ch. 97-102; s. 1, ch. 99-358; s. 1, ch. 2012-17; s. 13, ch. 2014-191; s. 1, ch. 2015-132.
775.091 Public service.—In addition to any punishment, the court may order the defendant to perform a specified public service.
(1) As used in this section, the term “convicted” means, with respect to a person’s felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the felony conviction is for an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the registrant shall identify himself or herself as such an offender. The Department of Law Enforcement, in consultation with appropriate local law enforcement agencies, may develop standardized practices for the inclusion of gang affiliation at the time of offender registration.
(3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2).
(4) This section does not apply to an offender:
(a) Who has had his or her civil rights restored;
(b) Who has received a full pardon for the offense for which convicted;
(c) Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision;
(d) Who is a parolee or probationer under the supervision of the United States Parole Commission if the commission knows of and consents to the presence of the offender in Florida or is a probationer under the supervision of any federal probation officer in the state or who has been lawfully discharged from such parole or probation;
(e) Who is a sexual predator and has registered as required under s. 775.21;
(f) Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; or
(g) Who is a career offender who has registered as required in s. 775.261 or s. 944.609.
(5) The failure of any such convicted felon to comply with this section:
(a) With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) With regard to any felon who has been found, pursuant to s. 874.04, to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Nothing in this section shall be construed to affect any law of this state relating to registration of criminals where the penalties for registration, notification, or reporting obligations are in addition to, or in excess of, those imposed by this section.
History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 57-19; s. 1, ch. 57-371; s. 1, ch. 63-191; s. 1, ch. 65-453; s. 3, ch. 67-2207; ss. 20, 33, 35, ch. 69-106; s. 699, ch. 71-136; s. 11, ch. 77-120; s. 1, ch. 77-174; s. 18, ch. 79-3; s. 21, ch. 79-8; s. 161, ch. 83-216; s. 63, ch. 96-388; s. 4, ch. 97-299; s. 2, ch. 98-81; s. 1, ch. 2000-328; s. 1, ch. 2002-266; s. 5, ch. 2004-371; s. 1, ch. 2008-238; s. 43, ch. 2016-24.
775.14 Limitation on withheld sentences.—Any person receiving a withheld sentence upon conviction for a criminal offense, and such withheld sentence has not been altered for a period of 5 years, shall not thereafter be sentenced for the conviction of the same crime for which sentence was originally withheld.
(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.
(4)(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.
(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant’s absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.
(c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.
(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.
(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.
(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a “destructive device,” as defined in s. 790.001, may be commenced within 10 years.
(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.
(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.
(10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed.
(11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed.
(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:
(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.
(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.
(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.
(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.
(c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010.
(14)(a) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time.
(b) Except as provided in paragraph (a) or paragraph (13)(b), a prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense, must be commenced within 8 years after the violation is committed. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2015.
(15)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:
1. An offense of sexual battery under chapter 794.
2. A lewd or lascivious offense under s. 800.04 or s. 825.1025.
(b) This subsection applies to any offense that is not otherwise barred from prosecution between July 1, 2004, and June 30, 2006.
(16)(a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:
1. Aggravated battery or any felony battery offense under chapter 784.
2. Kidnapping under s. 787.01 or false imprisonment under s. 787.02.
4. A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5).
5. A burglary offense under s. 810.02.
6. A robbery offense under s. 812.13, s. 812.131, or s. 812.135.
7. Carjacking under s. 812.133.
8. Aggravated child abuse under s. 827.03.
(b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2006.
(17) In addition to the time periods prescribed in this section, a prosecution for video voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on which the victim of video voyeurism obtains actual knowledge of the existence of such a recording or the date on which the recording is confiscated by a law enforcement agency, whichever occurs first. Any dissemination of such a recording before the victim obtains actual knowledge thereof or before its confiscation by a law enforcement agency does not affect any provision of this subsection.
(18) If the offense is a violation of s. 800.04(4) or (5) and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim. This subsection applies to an offense that is not otherwise barred from prosecution on or before October 1, 2014.
(19) A prosecution for a violation of s. 787.06 may be commenced at any time. This subsection applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2014.
(20) If a victim is younger than 18 years of age at the time the offense was committed, a prosecution for a violation of s. 794.011 may be commenced at any time. This subsection applies to an offense that is committed on or after July 1, 2020.
History.—s. 78, Feb. 10, 1832; s. 1, ch. 4915, 1901; RS 2357; GS 3181, 3182; RGS 5011, 5012; CGL 7113, 7114; s. 1, ch. 16962, 1935; s. 10, ch. 26484, 1951; s. 109, ch. 70-339; s. 10, ch. 74-383; s. 1, ch. 76-275; s. 1, ch. 77-174; s. 12, ch. 78-435; s. 6, ch. 84-86; s. 1, ch. 84-550; s. 10, ch. 85-63; s. 4, ch. 89-143; s. 2, ch. 90-120; s. 2, ch. 91-258; s. 16, ch. 93-156; s. 17, ch. 95-158; s. 139, ch. 95-418; s. 1, ch. 96-145; s. 3, ch. 96-280; s. 3, ch. 96-322; s. 4, ch. 96-409; s. 1, ch. 97-36; s. 1, ch. 97-90; s. 1812, ch. 97-102; s. 1, ch. 97-104; s. 17, ch. 98-174; s. 7, ch. 99-201; s. 5, ch. 99-204; s. 3, ch. 2000-246; s. 1, ch. 2001-102; s. 1, ch. 2002-168; s. 1, ch. 2003-116; s. 1, ch. 2004-94; s. 1, ch. 2005-110; s. 1, ch. 2006-266; s. 15, ch. 2008-172; s. 2, ch. 2010-54; s. 6, ch. 2011-220; s. 2, ch. 2014-4; s. 6, ch. 2014-160; s. 2, ch. 2015-133; s. 30, ch. 2016-24; s. 2, ch. 2020-81.
Note.—Former ss. 932.05, 932.06, 915.03, 932.465.
775.16 Drug offenses; additional penalties.—In addition to any other penalty provided by law, a person who has been convicted of sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, if such offense is a felony, or who has been convicted of an offense under the laws of any state or country which, if committed in this state, would constitute the felony of selling or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, is:
(1) Disqualified from applying for employment by any agency of the state, unless:
(a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Florida Commission on Offender Review, or by law; or
(b) The person has complied with the conditions of subparagraphs 1. and 2. which shall be monitored by the Department of Corrections while the person is under any supervisory sanctions. The person under supervision may:
1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved by the Department of Children and Families, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by:
a. The court, in the case of court-ordered supervisory sanctions;
b. The Florida Commission on Offender Review, in the case of parole, control release, or conditional release; or
c. The Department of Corrections, in the case of imprisonment or any other supervision required by law.
2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections.
(2) Disqualified from applying for a license, permit, or certificate required by any agency of the state to practice, pursue, or engage in any occupation, trade, vocation, profession, or business, unless:
(a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Florida Commission on Offender Review, or by law;
(b) The person has complied with the conditions of subparagraphs 1. and 2. which shall be monitored by the Department of Corrections while the person is under any supervisory sanction. If the person fails to comply with provisions of these subparagraphs by either failing to maintain treatment or by testing positive for drug use, the department shall notify the licensing, permitting, or certifying agency, which may refuse to reissue or reinstate such license, permit, or certification. The licensee, permittee, or certificateholder under supervision may:
1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved or regulated by the Department of Children and Families, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by:
2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections; or
(c) The person has successfully completed an appropriate program under the Correctional Education Program.
The provisions of this section do not apply to any of the taxes, fees, or permits regulated, controlled, or administered by the Department of Revenue in accordance with the provisions of s. 213.05.
History.—s. 2, ch. 90-266; s. 21, ch. 92-310; s. 13, ch. 95-325; s. 292, ch. 99-8; s. 296, ch. 2014-19; s. 14, ch. 2014-191.
(1) SHORT TITLE.—This section may be cited as “The Florida Sexual Predators Act.”
(a) “Change in status at an institution of higher education” means the commencement or termination of enrollment, including, but not limited to, traditional classroom setting or online courses, or employment, whether for compensation or as a volunteer, at an institution of higher education or a change in location of enrollment or employment, whether for compensation or as a volunteer, at an institution of higher education.
(b) “Chief of police” means the chief law enforcement officer of a municipality.
(c) “Child care facility” has the same meaning as provided in s. 402.302.
(d) “Community” means any county where the sexual predator lives or otherwise establishes or maintains a permanent, temporary, or transient residence.
(e) “Conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility.
(f) “Department” means the Department of Law Enforcement.
(g) “Electronic mail address” has the same meaning as provided in s. 668.602.
(h) “Entering the county” includes being discharged from a correctional facility or jail or secure treatment facility within the county or being under supervision within the county for the commission of a violation enumerated in subsection (4).
(i) “Institution of higher education” means a career center, a community college, a college, a state university, or an independent postsecondary institution.
(j) “Internet identifier” means any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication. Internet identifier does not include a date of birth, social security number, personal identification number (PIN), or password. A sexual offender’s or sexual predator’s use of an Internet identifier that discloses his or her date of birth, social security number, personal identification number (PIN), password, or other information that would reveal the identity of the sexual offender or sexual predator waives the disclosure exemption in this paragraph for such personal information.
(k) “Permanent residence” means a place where the person abides, lodges, or resides for 3 or more consecutive days.
(l) “Professional license” means the document of authorization or certification issued by an agency of this state for a regulatory purpose, or by any similar agency in another jurisdiction for a regulatory purpose, to a person to engage in an occupation or to carry out a trade or business.
(m) “Social Internet communication” means any communication through a commercial social networking website as defined in s. 943.0437, or application software. The term does not include any of the following:
1. Communication for which the primary purpose is the facilitation of commercial transactions involving goods or services;
2. Communication on an Internet website for which the primary purpose of the website is the dissemination of news; or
3. Communication with a governmental entity.
For purposes of this paragraph, the term “application software” means any computer program designed to run on a mobile device such as a smartphone or tablet computer, that allows users to create web pages or profiles that provide information about themselves and are available publicly or to other users, and that offers a mechanism for communication with other users through a forum, a chatroom, electronic mail, or an instant messenger.
(n) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 3 or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state.
(o) “Transient residence” means a county where a person lives, remains, or is located for a period of 3 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address.
(p) “Vehicles owned” means any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle for which a sexual predator or sexual offender is insured as a driver. The term also includes any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days.
(3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
(a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:
1. Incarcerating sexual predators and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space.
2. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.30. The sexual predator is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration, with a requirement that those who are financially able must pay all or part of the costs of supervision.
3. Requiring the registration of sexual predators, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public.
4. Providing for community and public notification concerning the presence of sexual predators.
5. Prohibiting sexual predators from working with children, either for compensation or as a volunteer.
(c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators.
(d) It is the purpose of the Legislature that, upon the court’s written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator’s presence. The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes.
(e) It is the intent of the Legislature to address the problem of sexual predators by:
1. Requiring sexual predators supervised in the community to have special conditions of supervision and to be supervised by probation officers with low caseloads;
2. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and
3. Requiring community and public notification of the presence of a sexual predator, as provided in this section.
(4) SEXUAL PREDATOR CRITERIA.—
(a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a “sexual predator” under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:
1. The felony is:
a. A capital, life, or first degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or
b. Any felony violation, or any attempt thereof, of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction;
2. The offender has not received a pardon for any felony or similar law of another jurisdiction that is necessary for the operation of this paragraph; and
3. A conviction of a felony or similar law of another jurisdiction necessary to the operation of this paragraph has not been set aside in any postconviction proceeding.
(b) In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony.
(c) If an offender has been registered as a sexual predator by the Department of Corrections, the department, or any other law enforcement agency and if:
1. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator; or
2. The offender was administratively registered as a sexual predator because the Department of Corrections, the department, or any other law enforcement agency obtained information that indicated that the offender met the criteria for designation as a sexual predator based on a violation of a similar law in another jurisdiction,
the department shall remove that offender from the department’s list of sexual predators and, for an offender described under subparagraph 1., shall notify the state attorney who prosecuted the offense that met the criteria for administrative designation as a sexual predator, and, for an offender described under this paragraph, shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence. The state attorney shall bring the matter to the court’s attention in order to establish that the offender meets the criteria for designation as a sexual predator. If the court makes a written finding that the offender is a sexual predator, the offender must be designated as a sexual predator, must register or be registered as a sexual predator with the department as provided in subsection (6), and is subject to the community and public notification as provided in subsection (7). If the court does not make a written finding that the offender is a sexual predator, the offender may not be designated as a sexual predator with respect to that offense and is not required to register or be registered as a sexual predator with the department.
(d) An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 shall be designated as a “sexual predator” under subsection (5) and subject to registration under subsection (6) and community and public notification under subsection (7).
(5) SEXUAL PREDATOR DESIGNATION.—An offender is designated as a sexual predator as follows:
(a)1. An offender who meets the sexual predator criteria described in paragraph (4)(d) is a sexual predator, and the court shall make a written finding at the time such offender is determined to be a sexually violent predator under chapter 394 that such person meets the criteria for designation as a sexual predator for purposes of this section. The clerk shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order;
2. An offender who meets the sexual predator criteria described in paragraph (4)(a) who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator, and the sentencing court must make a written finding at the time of sentencing that the offender is a sexual predator, and the clerk of the court shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order; or
3. If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender who establishes or maintains a permanent, temporary, or transient residence in this state meets the sexual predator criteria described in paragraph (4)(a) or paragraph (4)(d) because the offender was civilly committed or committed a similar violation in another jurisdiction on or after October 1, 1993, the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence of the offender’s presence in the community. The state attorney shall file a petition with the criminal division of the circuit court for the purpose of holding a hearing to determine if the offender’s criminal record or record of civil commitment from another jurisdiction meets the sexual predator criteria. If the court finds that the offender meets the sexual predator criteria because the offender has violated a similar law or similar laws in another jurisdiction, the court shall make a written finding that the offender is a sexual predator.
When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section. Within 48 hours after the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court’s written sexual predator finding to the department. If the offender is sentenced to a term of imprisonment or supervision, a copy of the court’s written sexual predator finding must be submitted to the Department of Corrections.
(b) If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the sexual predator’s fingerprints are taken and forwarded to the department within 48 hours after the court renders its written sexual predator finding. The fingerprints shall be clearly marked, “Sexual Predator Registration.” The clerk of the court that convicts and sentences the sexual predator for the offense or offenses described in subsection (4) shall forward to the department and to the Department of Corrections a certified copy of any order entered by the court imposing any special condition or restriction on the sexual predator that restricts or prohibits access to the victim, if the victim is a minor, or to other minors.
(c) If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender meets the sexual predator criteria but the court did not make a written finding that the offender is a sexual predator as required in paragraph (a), the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney who prosecuted the offense for offenders described in subparagraph (a)1., or the state attorney of the county where the offender establishes or maintains a residence upon first entering the state for offenders described in subparagraph (a)3. The state attorney shall bring the matter to the court’s attention in order to establish that the offender meets the sexual predator criteria. If the state attorney fails to establish that an offender meets the sexual predator criteria and the court does not make a written finding that an offender is a sexual predator, the offender is not required to register with the department as a sexual predator. The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator.
(d) A person who establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender, shall register in the manner provided in s. 943.0435 or s. 944.607 and shall be subject to community and public notification as provided in s. 943.0435 or s. 944.607. A person who meets the criteria of this section is subject to the requirements and penalty provisions of s. 943.0435 or s. 944.607 until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state.
(6) REGISTRATION.—
(a) A sexual predator shall register with the department through the sheriff’s office by providing the following information to the department:
1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; photograph; address of legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; address, location or description, and dates of any current or known future temporary residence within the state or out of state; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; date and place of each conviction; fingerprints; palm prints; and a brief description of the crime or crimes committed by the offender. A post office box may not be provided in lieu of a physical residential address. The sexual predator shall produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual predator shall also provide information about any professional licenses he or she has.
a. Any change that occurs after the sexual predator registers in person at the sheriff’s office as provided in this subparagraph in any of the following information related to the sexual predator must be reported as provided in paragraphs (g), (i), and (j): permanent, temporary, or transient residence; name; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home and cellular telephone numbers; employment information; and status at an institution of higher education.
b. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the department written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
c. If the sexual predator is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator’s enrollment, volunteer, or employment status. The sheriff, the Department of Corrections, or the Department of Juvenile Justice shall promptly notify each institution of higher education of the sexual predator’s presence and any change in the sexual predator’s enrollment, volunteer, or employment status.
d. A sexual predator shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes.
2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available.
(b) If the sexual predator is in the custody or control of, or under the supervision of, the Department of Corrections, or is in the custody of a private correctional facility, the sexual predator shall register with the Department of Corrections. A sexual predator who is under the supervision of the Department of Corrections but who is not incarcerated shall register with the Department of Corrections within 3 business days after the court finds the offender to be a sexual predator. The Department of Corrections shall provide to the department registration information and the location of, and local telephone number for, any Department of Corrections office that is responsible for supervising the sexual predator. In addition, the Department of Corrections shall notify the department if the sexual predator escapes or absconds from custody or supervision or if the sexual predator dies.
(c) If the sexual predator is in the custody of a local jail, the custodian of the local jail shall register the sexual predator within 3 business days after intake of the sexual predator for any reason and upon release, and shall forward the registration information to the department. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall provide the digitized photograph to the department. The custodian shall notify the department if the sexual predator escapes from custody or dies.
(d) If the sexual predator is under federal supervision, the federal agency responsible for supervising the sexual predator may forward to the department any information regarding the sexual predator which is consistent with the information provided by the Department of Corrections under this section, and may indicate whether use of the information is restricted to law enforcement purposes only or may be used by the department for purposes of public notification.
(e)1. If the sexual predator is not in the custody or control of, or under the supervision of, the Department of Corrections or is not in the custody of a private correctional facility, the sexual predator shall register in person:
a. At the sheriff’s office in the county where he or she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; and
b. At the sheriff’s office in the county where he or she was designated a sexual predator by the court within 48 hours after such finding is made.
2. Any change that occurs after the sexual predator registers in person at the sheriff’s office as provided in subparagraph 1. in any of the following information related to the sexual predator must be reported as provided in paragraphs (g), (i), and (j): permanent, temporary, or transient residence; name; vehicles owned; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home and cellular telephone numbers; employment information; and change in status at an institution of higher education. When a sexual predator registers with the sheriff’s office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the predator and forward the photographs, palm prints, and fingerprints to the department, along with the information that the predator is required to provide pursuant to this section.
(f) Within 48 hours after the registration required under paragraph (a) or paragraph (e), a sexual predator who is not incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall register in person at a driver license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration unless a driver license or an identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver license office the sexual predator shall:
1. If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The sexual predator shall identify himself or herself as a sexual predator who is required to comply with this section, provide his or her place of permanent, temporary, or transient residence, including a rural route address and a post office box, and submit to the taking of a photograph for use in issuing a driver license, a renewed license, or an identification card, and for use by the department in maintaining current records of sexual predators. A post office box may not be provided in lieu of a physical residential address. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or an identification card as required by this section. The driver license or identification card issued to the sexual predator must comply with s. 322.141(3).
3. Provide, upon request, any additional information necessary to confirm the identity of the sexual predator, including a set of fingerprints.
(g)1. Each time a sexual predator’s driver license or identification card is subject to renewal, and, without regard to the status of the predator’s driver license or identification card, within 48 hours after any change of the predator’s residence or change in the predator’s name by reason of marriage or other legal process, the predator shall report in person to a driver license office and is subject to the requirements specified in paragraph (f). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by sexual predators. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual predators as provided in this section. A sexual predator who is unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles as provided in paragraph (f) and this paragraph shall also report any change of the predator’s residence or change in the predator’s name by reason of marriage or other legal process within 48 hours after the change to the sheriff’s office in the county where the predator resides or is located and provide confirmation that he or she reported such information to the Department of Highway Safety and Motor Vehicles. The reporting requirements under this subparagraph do not negate the requirement for a sexual predator to obtain a Florida driver license or identification card as required by this section.
2.a. A sexual predator who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff’s office of the county in which he or she is located. The sexual predator shall specify the date upon which he or she intends to or did vacate such residence. The sexual predator shall provide or update all of the registration information required under paragraph (a). The sexual predator shall provide an address for the residence or other place that he or she is or will be located during the time in which he or she fails to establish or maintain a permanent or temporary residence.
b. A sexual predator shall report in person at the sheriff’s office in the county in which he or she is located within 48 hours after establishing a transient residence and thereafter must report in person every 30 days to the sheriff’s office in the county in which he or she is located while maintaining a transient residence. The sexual predator must provide the addresses and locations where he or she maintains a transient residence. Each sheriff’s office shall establish procedures for reporting transient residence information and provide notice to transient registrants to report transient residence information as required in this sub-subparagraph. Reporting to the sheriff’s office as required by this sub-subparagraph does not exempt registrants from any reregistration requirement. The sheriff may coordinate and enter into agreements with police departments and other governmental entities to facilitate additional reporting sites for transient residence registration required in this sub-subparagraph. The sheriff’s office shall, within 2 business days, electronically submit and update all information provided by the sexual predator to the department.
3. A sexual predator who remains at a permanent, temporary, or transient residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the sheriff’s office to which he or she reported pursuant to subparagraph 2. for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under subparagraph 2. but fails to make a report as required under this subparagraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4. The failure of a sexual predator who maintains a transient residence to report in person to the sheriff’s office every 30 days as required by sub-subparagraph 2.b. is punishable as provided in subsection (10).
5.a. A sexual predator shall register all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, with the department through the department’s online system or in person at the sheriff’s office within 48 hours after using such electronic mail addresses and Internet identifiers. If the sexual predator is in the custody or control, or under the supervision, of the Department of Corrections, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Corrections before using such electronic mail addresses or Internet identifiers. If the sexual predator is in the custody or control, or under the supervision, of the Department of Juvenile Justice, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Juvenile Justice before using such electronic mail addresses or Internet identifiers.
b. A sexual predator shall register all changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers, all changes to employment information, and all changes in status related to enrollment, volunteering, or employment at institutions of higher education, through the department’s online system; in person at the sheriff’s office; in person at the Department of Corrections if the sexual predator is in the custody or control, or under the supervision, of the Department of Corrections; or in person at the Department of Juvenile Justice if the sexual predator is in the custody or control, or under the supervision, of the Department of Juvenile Justice. All changes required to be reported in this sub-subparagraph shall be reported within 48 hours after the change.
c. The department shall establish an online system through which sexual predators may securely access, submit, and update all electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; and institution of higher education information.
(h) The department shall notify the sheriff and the state attorney of the county and, if applicable, the police chief of the municipality, where the sexual predator maintains a residence.
(i) A sexual predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual predator 21 days before the departure date must be reported to the sheriff’s office as soon as possible before departure. The sexual predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel. The sheriff shall promptly provide to the department the information received from the sexual predator. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual predator’s intended residence. The failure of a sexual predator to provide his or her intended place of residence is punishable as provided in subsection (10).
(j) A sexual predator who indicates his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country and later decides to remain in this state shall, within 48 hours after the date upon which the sexual predator indicated he or she would leave this state, report in person to the sheriff to which the sexual predator reported the intended change of residence, and report his or her intent to remain in this state. If the sheriff is notified by the sexual predator that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A sexual predator who reports his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country, but who remains in this state without reporting to the sheriff in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(k)1. The department is responsible for the online maintenance of current information regarding each registered sexual predator. The department shall maintain hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and offender characteristics information on all released registered sexual predators for purposes of monitoring, tracking, and prosecution. The photograph, palm prints, and fingerprints do not have to be stored in a computerized format.
2. The department’s sexual predator registration list, containing the information described in subparagraph (a)1., is a public record, unless otherwise made exempt or confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I of the State Constitution. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a registered sexual predator to the public, department personnel shall advise the person making the inquiry that positive identification of a person believed to be a sexual predator cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a registered sexual predator to facilitate the commission of a crime.
3. The department shall adopt guidelines as necessary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section.
(l) A sexual predator shall maintain registration with the department for the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator designation.
(7) COMMUNITY AND PUBLIC NOTIFICATION.—
(a) Law enforcement agencies must inform members of the community and the public of a sexual predator’s presence. Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. Information provided to members of the community and the public regarding a sexual predator must include:
1. The name of the sexual predator;
2. A description of the sexual predator, including a photograph;
3. The sexual predator’s current permanent, temporary, and transient addresses, and descriptions of registered locations that have no specific street address, including the name of the county or municipality if known;
4. The circumstances of the sexual predator’s offense or offenses; and
5. Whether the victim of the sexual predator’s offense or offenses was, at the time of the offense, a minor or an adult.
This paragraph does not authorize the release of the name of any victim of the sexual predator.
(b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department.
(c) The department shall notify the public of all designated sexual predators through the Internet. The Internet notice shall include the information required by paragraph (a).
(d) The department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators.
(8) VERIFICATION.—The department and the Department of Corrections shall implement a system for verifying the addresses of sexual predators. The system must be consistent with the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. The Department of Corrections shall verify the addresses of sexual predators who are not incarcerated but who reside in the community under the supervision of the Department of Corrections and shall report to the department any failure by a sexual predator to comply with registration requirements. County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual predators who are not under the care, custody, control, or supervision of the Department of Corrections, and may verify the addresses of sexual predators who are under the care, custody, control, or supervision of the Department of Corrections. Local law enforcement agencies shall report to the department any failure by a sexual predator to comply with registration requirements.
(a) A sexual predator shall report in person each year during the month of the sexual predator’s birthday and during every third month thereafter to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister. The sheriff’s office may determine the appropriate times and days for reporting by the sexual predator, which must be consistent with the reporting requirements of this paragraph. Reregistration must include any changes to the following information:
1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state including the address, location or description of the transient residences, and dates of any current or known future temporary residence within the state or out of state; all electronic mail addresses; all Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; all home telephone numbers and cellular telephone numbers; date and place of any employment; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; fingerprints; palm prints; and photograph. A post office box may not be provided in lieu of a physical residential address. The sexual predator shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual predator shall also provide information about any professional licenses he or she has.
2. If the sexual predator is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator’s enrollment, volunteer, or employment status.
3. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
(b) The sheriff’s office shall, within 2 working days, electronically submit and update all information provided by the sexual predator to the department in a manner prescribed by the department.
(9) IMMUNITY.—The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual predator fails to report or falsely reports his or her current place of permanent or temporary residence.
(10) PENALTIES.—
(a) Except as otherwise specifically provided, a sexual predator who fails to register; who fails, after registration, to maintain, acquire, or renew a driver license or an identification card; who fails to provide required location information; who fails to provide electronic mail addresses, Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name; who fails to provide all home telephone numbers and cellular telephone numbers, employment information, change in status at an institution of higher education, or change-of-name information; who fails to make a required report in connection with vacating a permanent residence; who fails to reregister as required; who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence; who knowingly provides false registration information by act or omission; or who otherwise fails, by act or omission, to comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, child care facility, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) For a felony violation of this section, excluding paragraph (g), committed on or after July 1, 2018, if the court does not impose a prison sentence, the court shall impose a mandatory minimum term of community control, as defined in s. 948.001, as follows:
1. For a first offense, a mandatory minimum term of 6 months with electronic monitoring.
2. For a second offense, a mandatory minimum term of 1 year with electronic monitoring.
3. For a third or subsequent offense, a mandatory minimum term of 2 years with electronic monitoring.
(d) Any person who misuses public records information relating to a sexual predator, as defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944.607, to secure a payment from such a predator or offender; who knowingly distributes or publishes false information relating to such a predator or offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(e) A sexual predator who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, in the county of the last registered address of the sexual predator, in the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual predator, in the county where the sexual predator was released from incarceration, or in the county of the intended address of the sexual predator as reported by the predator prior to his or her release from incarceration. In addition, a sexual predator may be prosecuted for any such act or omission in the county in which he or she was designated a sexual predator.
(f) An arrest on charges of failure to register, the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register when the predator has been provided and advised of his or her statutory obligation to register under subsection (6). A sexual predator’s failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual predator charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual predator who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual predator of criminal liability for the failure to register.
(g) Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this section:
1. Withholds information from, or does not notify, the law enforcement agency about the sexual predator’s noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual predator;
2. Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual predator;
3. Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator; or
4. Provides information to the law enforcement agency regarding the sexual predator which the person knows to be false information,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility.
History.—s. 1, ch. 93-277; s. 1, ch. 95-264; s. 54, ch. 95-283; s. 61, ch. 96-388; s. 5, ch. 97-299; s. 3, ch. 98-81; s. 1, ch. 98-267; s. 1, ch. 2000-207; s. 3, ch. 2000-246; s. 113, ch. 2000-349; s. 1, ch. 2002-58; s. 1, ch. 2004-371; s. 33, ch. 2004-373; s. 3, ch. 2005-28; s. 5, ch. 2005-67; s. 1, ch. 2006-200; s. 1, ch. 2006-235; s. 2, ch. 2006-299; s. 150, ch. 2007-5; s. 9, ch. 2007-143; s. 3, ch. 2007-207; s. 1, ch. 2007-209; s. 16, ch. 2008-172; s. 2, ch. 2009-194; s. 2, ch. 2010-92; s. 2, ch. 2012-19; s. 3, ch. 2012-97; s. 59, ch. 2013-116; s. 2, ch. 2014-5; s. 18, ch. 2014-160; s. 92, ch. 2015-2; ss. 9, 66, ch. 2016-24; s. 1, ch. 2016-104; s. 1, ch. 2017-170; s. 1, ch. 2018-105.
(a) “Child care facility” has the same meaning as provided in s. 402.302.
(b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate.
(c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures.
(d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 but does not include facilities dedicated exclusively to the education of adults.
(2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
(3)(a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence.
(b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354.
History.—s. 2, ch. 2004-55; s. 21, ch. 2008-172; ss. 3,18, ch. 2010-92; s. 6, ch. 2014-39.
(1) The Legislature finds that, for the purpose of approving a plea agreement or for other reasons, certain courts enter orders that effectively limit or nullify requirements imposed upon sexual predators and sexual offenders pursuant to the laws of this state and prevent persons or entities from carrying out the duties imposed, or exercising the authority conferred, by such laws. The laws relating to sexual predators and sexual offenders are substantive law. Furthermore, the Congress of the United States has expressly encouraged every state to enact such laws, and has provided that, to the extent that a state’s laws do not meet certain federal requirements, the state will lose significant federal funding provided to the state for law enforcement and public safety programs. Unless a court that enters such an order determines that a person or entity is not operating in accordance with the laws governing sexual predators or sexual offenders, or that such laws or any part of such laws are unconstitutional or unconstitutionally applied, the court unlawfully encroaches on the Legislature’s exclusive power to make laws and places at risk significant public interests of the state.
(2) If a person meets the criteria in this chapter for designation as a sexual predator or meets the criteria in s. 943.0435, s. 944.606, s. 944.607, or any other law for classification as a sexual offender, the court may not enter an order, for the purpose of approving a plea agreement or for any other reason, which:
(a) Exempts a person who meets the criteria for designation as a sexual predator or classification as a sexual offender from such designation or classification, or exempts such person from the requirements for registration or community and public notification imposed upon sexual predators and sexual offenders;
(b) Restricts the compiling, reporting, or release of public records information that relates to sexual predators or sexual offenders; or
(c) Prevents any person or entity from performing its duties or operating within its statutorily conferred authority as such duty or authority relates to sexual predators or sexual offenders.
(3) If the court enters an order that affects an agency’s performance of a duty imposed under the laws governing sexual predators or sexual offenders, or that limits the agency’s exercise of authority conferred under such laws, the Legislature strongly encourages the affected agency to file a motion in the court that entered such order. The affected agency may, within 1 year after the receipt of any such order, move to modify or set aside the order or, if such order is in the nature of an injunction, move to dissolve the injunction. Grounds for granting any such motion include, but need not be limited to:
(a) The affected agency was not properly noticed.
(b) The court is not authorized to enjoin the operation of a statute that has been duly adjudged constitutional and operative unless the statute is illegally applied or unless the statute or the challenged part of it is unconstitutional on adjudicated grounds.
(c) Jurisdiction may not be conferred by consent of the parties.
(d) To the extent that the order is based upon actions the agency might take, the court’s order is premature and, if and when such actions are taken, these actions may be challenged in appropriate proceedings to determine their enforceability.
(e) The injunction affects the public interest and would cause injury to the public.
(f) The order creates an unenforceable, perpetual injunction.
(g) The order seeks to restrict the agency in the performance of its duties outside the court’s territorial jurisdiction.
History.—s. 4, ch. 98-81; s. 2, ch. 2002-58; s. 7, ch. 2004-371; s. 67, ch. 2016-24; s. 28, ch. 2016-104.
775.25 Prosecutions for acts or omissions.—A sexual predator or sexual offender who commits any act or omission in violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 944.607, or former s. 947.177 may be prosecuted for the act or omission in the county in which the act or omission was committed, in the county of the last registered address of the sexual predator or sexual offender, in the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual predator or sexual offender, in the county where the sexual predator or sexual offender was released from incarceration, or in the county of the intended address of the sexual predator or sexual offender as reported by the predator or offender prior to his or her release from incarceration. In addition, a sexual predator may be prosecuted for any such act or omission in the county in which he or she was designated a sexual predator.
History.—s. 5, ch. 98-81; s. 8, ch. 2004-371; s. 2, ch. 2010-117; s. 3, ch. 2014-5; s. 93, ch. 2015-2; s. 44, ch. 2016-24; s. 27, ch. 2016-104.
775.26 Registration of career offenders and public notification; legislative findings and intent.—The Legislature finds that certain career offenders, by virtue of their histories of offenses, present a threat to the public and to communities. The Legislature finds that requiring these career offenders to register for the purpose of tracking these career offenders and that providing for notifying the public and a community of the presence of a career offender are important aids to law enforcement agencies, the public, and communities if a career offender engages again in criminal conduct. Registration is intended to aid law enforcement agencies in timely apprehending a career offender. Registration is not a punishment, but merely a status. Notification to the public and communities of the presence of a career offender aids the public and communities in avoiding being victimized by a career offender. The Legislature intends to require the registration of career offenders and to authorize law enforcement agencies to notify the public and communities of the presence of a career offender.
(1) SHORT TITLE.—This section may be cited as “The Florida Career Offender Registration Act.”
(a) “Career offender” means any person who is designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9).
(c) “Community” means any county where the career offender lives or otherwise establishes or maintains a temporary or permanent residence.
(d) “Department” means the Department of Law Enforcement.
(e) “Entering the county” includes being discharged from a correctional facility, jail, or secure treatment facility within the county or being under supervision within the county with a career-offender designation as specified in paragraph (a).
(f) “Permanent residence” means a place where the career offender abides, lodges, or resides for 14 or more consecutive days.
(g) “Temporary residence” means:
1. A place where the career offender abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the career offender’s permanent address;
2. For a career offender whose permanent residence is not in this state, a place where the career offender is employed, practices a vocation, or is enrolled as a student for any period of time in this state; or
3. A place where the career offender routinely abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the career offender’s permanent residence, including any out-of-state address.
(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
(a) A career offender released on or after July 1, 2002, from a sanction imposed in this state must register as required under subsection (4) and is subject to community and public notification as provided under subsection (5). For purposes of this section, a sanction imposed in this state includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, private correctional facility, or local detention facility, and:
1. The career offender has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph; or
(b) This section does not apply to any person who has been designated as a sexual predator and required to register under s. 775.21 or who is required to register as a sexual offender under s. 943.0435 or s. 944.607. However, if a person is no longer required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, the person must register as a career offender under this section if the person is otherwise designated as a career offender as provided in this section.
(c) A person subject to registration as a career offender is not subject to registration as a convicted felon under s. 775.13. However, if the person is no longer required to register as a career offender under this section, the person must register under s. 775.13 if required to do so under that section.
(d) If a career offender is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the career offender’s fingerprints are taken and forwarded to the department within 48 hours after the court renders its finding that an offender is a career offender. The fingerprints shall be clearly marked, “Career Offender Registration.”
(a) A career offender must register with the department by providing the following information to the department, or to the sheriff’s office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this state or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility:
1. Name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the state or out of state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. A career offender may not provide a post office box in lieu of a physical residential address. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the department written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
(b) If a career offender registers with the sheriff’s office, the sheriff shall take a photograph and a set of fingerprints of the career offender and forward the photographs and fingerprints to the department, along with the information that the career offender is required to provide pursuant to this section.
(c) Within 2 working days after the registration required under paragraph (a), a career offender who is not incarcerated and who resides in the community, including a career offender under the supervision of the Department of Corrections pursuant to s. 944.608, shall register in person at a driver license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration. At the driver license office, the career offender shall:
1. If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The career offender shall identify himself or herself as a career offender who is required to comply with this section, provide his or her place of permanent or temporary residence, including a rural route address or a post office box, and submit to the taking of a photograph for use in issuing a driver license, renewed license, or identification card, and for use by the department in maintaining current records of career offenders. The career offender may not provide a post office box in lieu of a physical residential address. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the motor vehicle registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat.
2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or identification card as required by this section.
3. Provide, upon request, any additional information necessary to confirm the identity of the career offender, including a set of fingerprints.
(d) Each time a career offender’s driver license or identification card is subject to renewal, and within 2 working days after any change of the career offender’s residence or change in the career offender’s name by reason of marriage or other legal process, the career offender must report in person to a driver license office, and shall be subject to the requirements specified in paragraph (c). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the department for purposes of public notification of career offenders as provided in this section.
(e) If the career offender registers at an office of the department, the department must notify the sheriff and, if applicable, the police chief of the municipality, where the career offender maintains a residence within 48 hours after the career offender registers with the department.
(f) A career offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence or the department within 2 working days before the date he or she intends to leave this state to establish residence in another state or jurisdiction other than the State of Florida. If the career offender is under the supervision of the Department of Corrections, the career offender shall notify the supervising probation officer of his or her intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate Compact for Supervision of Adult Offenders, as provided in s. 949.07, and abide by the decision of the receiving jurisdiction to accept or deny transfer. The career offender must provide to the sheriff or department the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the career offender. The failure of a career offender to provide his or her intended place of residence is punishable as provided in subsection (8).
(g) A career offender who indicates his or her intent to reside in a state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 2 working days after the date upon which the career offender indicated he or she would leave this state, report in person to the sheriff or the department, whichever agency is the agency to which the career offender reported the intended change of residence, of his or her intent to remain in this state. If the sheriff is notified by the career offender that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A career offender who reports his or her intent to reside in a state or jurisdiction other than the State of Florida, but who remains in this state without reporting to the sheriff or the department in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(h)1. The department shall maintain online computer access to the current information regarding each registered career offender. The department must maintain hotline access so that state, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. The photograph and fingerprints need not be stored in a computerized format.
2. The department’s career offender registration list, containing the information described in subparagraph (a)1., is a public record. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a career offender to the public, department personnel must advise the person making the inquiry that positive identification of a person believed to be a career offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a career offender to facilitate the commission of a crime.
3. The department shall adopt guidelines as necessary regarding the registration of a career offender and the dissemination of information regarding a career offender as required by this section.
(i) A career offender must maintain registration with the department for the duration of his or her life, unless the career offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a career offender for purposes of registration. However, a registered career offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the registered career offender resides for the purpose of removing the requirement for registration as a career offender. The court may grant or deny such relief if the registered career offender demonstrates to the court that he or she has not been arrested for any crime since release and the court is otherwise satisfied that the registered career offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the registered career offender may again petition the court for relief, subject to the standards for relief provided in this paragraph. The department shall remove a person from classification as a career offender for purposes of registration if the person provides to the department a certified copy of the court’s written findings or order that indicates that the person is no longer required to comply with the requirements for registration as a career offender.
(a) Law enforcement agencies may inform the community and the public of the presence of a career offender in the community. Upon notification of the presence of a career offender, the sheriff of the county or the chief of police of the municipality where the career offender establishes or maintains a permanent or temporary residence may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.
(6) VERIFICATION.—The department and the Department of Corrections shall implement a system for verifying the addresses of career offenders. The sheriff of each county shall annually verify the addresses of career offenders who are not under the care, custody, control, or supervision of the Department of Corrections. The sheriff shall promptly provide the address verification information to the department in an electronic format. The address verification information must include the verifying person’s name, agency, and phone number, the date of verification, and the method of verification, and must specify whether the address information was verified as correct, incorrect, or unconfirmed.
(7) IMMUNITY.—The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a career offender fails to report or falsely reports his or her current place of permanent or temporary residence.
(8) PENALTIES.—
(a) Except as otherwise specifically provided, a career offender who fails to register; who fails, after registration, to maintain, acquire, or renew a driver license or identification card; who fails to provide required location information or change-of-name information; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Any person who misuses public records information concerning a career offender, as defined in this section, or a career offender, as defined in s. 944.608 or s. 944.609, to secure a payment from such career offender; who knowingly distributes or publishes false information concerning such a career offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(9) PROSECUTIONS FOR ACTS OR OMISSIONS.—A career offender who commits any act or omission in violation of this section, s. 944.608, or s. 944.609 may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the career offender, the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a career offender, or in the county in which he or she was designated a career offender.
(10) ASSISTING IN NONCOMPLIANCE.—It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person who has reason to believe that a career offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the career offender in eluding a law enforcement agency that is seeking to find the career offender to question the career offender about, or to arrest the career offender for, his or her noncompliance with the requirements of this section, to:
(a) Withhold information from, or fail to notify, the law enforcement agency about the career offender’s noncompliance with the requirements of this section and, if known, the whereabouts of the career offender;
(b) Harbor or attempt to harbor, or assist another in harboring or attempting to harbor, the career offender;
(c) Conceal or attempt to conceal, or assist another in concealing or attempting to conceal, the career offender; or
(d) Provide information to the law enforcement agency regarding the career offender which the person knows to be false.
History.—s. 3, ch. 2002-266; s. 9, ch. 2004-371; s. 2, ch. 2006-200; s. 1, ch. 2010-69; s. 60, ch. 2013-116; s. 45, ch. 2016-24.
(1) As used in this chapter and the Florida Criminal Code, the terms “terrorism” or “terrorist activity” mean an activity that:
(a) Involves:
1. A violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or
2. A violation of s. 815.06; and
(2) A person who violates s. 782.04(1)(a)1. or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of intimidating or coercing the policy of a government, or in furtherance of affecting the conduct of a government by mass destruction, assassination, or kidnapping, commits the crime of terrorism, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who commits a violation of subsection (2) which results in death or serious bodily injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “serious bodily injury” means an injury to a person which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or an organ.
History.—s. 1, ch. 2001-356; s. 5, ch. 2001-365; s. 1, ch. 2001-366; s. 1, ch. 2017-37; s. 112, ch. 2019-167.
(1) If a person is convicted of committing a felony or misdemeanor that facilitated or furthered any act of terrorism, the court shall reclassify the felony or misdemeanor to the next higher degree as provided in this section. The reclassification shall be made in the following manner:
(a) In the case of a misdemeanor of the second degree, the offense is reclassified as a misdemeanor of the first degree.
(b) In the case of a misdemeanor of the first degree, the offense is reclassified as a felony of the third degree.
(c) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree.
(d) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree.
(e) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony.
(2) For purposes of sentencing under chapter 921, the following offense severity ranking levels apply:
(a) An offense that is a misdemeanor of the first degree and that is reclassified under this section as a felony of the third degree is ranked in level 2 of the offense severity ranking chart.
(b) A felony offense that is reclassified under this section is ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed.
(3) As used in this section, the term “terrorism” has the same meaning as provided in s. 775.30(1).
(4) The reclassification of offenses under this section does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35.
History.—s. 1, ch. 2001-357; s. 2, ch. 2017-37.
(a) “Critical infrastructure facility” has the same meaning as provided in s. 493.631.
(b) “Designated foreign terrorist organization” means an organization designated as a terrorist organization under s. 219 of the Immigration and Nationality Act.
(c) “Military-type training” means training:
1. In means or methods that can:
a. Cause the death of, or serious bodily injury to, another person;
b. Destroy or damage property; or
c. Disrupt services to a critical infrastructure facility; or
2. On the use, storage, production, or assembly of an explosive, a firearm, or any other weapon, including a weapon of mass destruction.
(d) “Serious bodily injury” has the same meaning as provided in s. 775.30(3).
(e) “Weapon of mass destruction” has the same meaning as provided in s. 790.166.
(2) A person who has received military-type training from a designated foreign terrorist organization may not use, attempt to use, or conspire to use such military-type training with the intent to unlawfully harm another person or damage a critical infrastructure facility.
(3) A person who commits a violation of subsection (2) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who commits a violation of subsection (2) which results in the death of, or serious bodily injury to, a person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) “Designated foreign terrorist organization” has the same meaning as provided in s. 775.32.
(b) “Expert advice or assistance” means advice or assistance derived from scientific, technical, or other specialized knowledge.
(c) “Material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, or transportation. The term does not include medicine or religious materials.
(e) “Training” means instruction or teaching designed to impart a specific skill rather than general knowledge.
(2) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person:
(a) Provides material support or resources or conceals or disguises the nature, location, source, or ownership of the material support or resources, knowing or intending that the support or resources are to be used in preparation for or in carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s. 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s. 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32, s. 876.34, or s. 876.36;
(b) Conceals an escape from the commission of a violation of paragraph (a); or
(c) Attempts or conspires to commit a violation of paragraph (a).
(3) A person who knowingly provides material support or resources to a designated foreign terrorist organization, or attempts or conspires to do so, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. To violate this subsection, a person must have knowledge that the organization is a designated foreign terrorist organization or that the organization has engaged in or engages in terrorism or terrorist activity.
(4) A person who commits a violation of subsection (2) or subsection (3) which results in death or serious bodily injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) For purposes of prosecution under subsection (2) or subsection (3), a person is deemed to provide material support or resources by providing personnel if the person knowingly provides, attempts to provide, or conspires to provide himself or herself or another person to:
1. Work under the direction and control of a designated foreign terrorist organization or a person engaged in, or intending to engage in, an act of terrorism; or
2. Organize, manage, supervise, or otherwise direct the operations of a designated foreign terrorist organization or a person engaged in, or intending to engage in, an act of terrorism.
(b) An individual who acts entirely independently of the designated foreign terrorist organization or the person engaged in, or intending to engage in, an act of terrorism to advance the organization’s or person’s goals or objectives is not working under the direction and control of the designated foreign terrorist organization or person engaged in, or intending to engage in, an act of terrorism.
(6) A person may not be prosecuted under this section if his or her activity was authorized by a governmental or law enforcement agency of this state or of the United States in the agency’s official capacity and pursuant to a lawful purpose.
(7) It is the intent of the Legislature that subsections (2) and (3) be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. ss. 2339A and 2339B, respectively.
(8) The Department of Law Enforcement, in consultation with the Office of the Attorney General, shall create guidelines for law enforcement investigations conducted pursuant to this section to ensure the protection of privacy rights, civil rights, and civil liberties.
History.—s. 4, ch. 2017-37; s. 113, ch. 2019-167.
775.34 Membership in a designated foreign terrorist organization.—A person who willfully becomes a member of a designated foreign terrorist organization and serves under the direction or control of that organization with the intent to further the illegal acts of the organization commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term “designated foreign terrorist organization” has the same meaning as provided in s. 775.32.
(1) A person who intentionally disseminates or spreads any type of contagious, communicable, or infectious disease among crops, poultry as defined in s. 583.01, livestock as defined in s. 588.13, or other animals commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is an affirmative defense to this violation if the activity is consistent with a medically recognized procedure or if the activity is done in the course of legitimate, professional scientific research.
(2) A person who commits a violation of subsection (1) which results in death or serious bodily injury to a person commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “serious bodily injury” has the same meaning as provided in s. 775.30(3).
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Sources: Trump executive order allowing anti-LGBTQ discrimination is coming soon
LGBTQ rights is about to take a huge leap backwards.
By Jeff Taylor Monday, January 30, 2017
President Donald Trump shows off his signature on an executive order about the Dakota Access pipeline, Tuesday, Jan. 24, 2017.Photo: AP Photo/Evan Vucci
An executive order from President Donald Trump opening up discrimination against the LGBTQ community on the basis of religious belief is expected sometime this week, possibly as soon as today.
Several sources spoke with LGBTQ Nation on the condition of anonymity who have told us that the order will allow for discrimination in a number of areas, including employment, social services, business, and adoption.
From what we’ve heard, the executive order could be far-reaching, and could include: making taxpayer funds available for discrimination against LGBTQ people in social services; allow federally funded adoption agencies to discriminate against LGBTQ parents; eliminate non-discrimination protections in order to make it possible to fire federal employers and contractors based on their sexual orientation or gender identity; and allow federal employees to refuse to serve people based on the belief that marriage should be between a man and a woman, and that gender is an immutable characteristic set at birth, which would impact a broad range of federal benefits.
The order is expected to come in the packaging of so-called “religious freedom,” which argues that someone’s religious beliefs should be enough to prevent them from having to provide goods and services to members of the LGBTQ community if doing so would conflict with said beliefs.
Vice President Mike Pence gained widespread notoriety for his Religious Freedom Restoration Act, passed during his time as the governor of Indiana. He later backpedaled and signed an executive order removing language allowing for discrimination against the LGBTQ individuals.
“The rumors of an anti-LGBTQ executive action by President Trump are deeply troubling,” JoDee Winterhof, the Human Rights Campaign’s Senior Vice President for Policy and Political Affairs, told LGBTQ Nation in an emailed statement. “We already know that he is willing to target and marginalize at-risk communities for his perceived political gain. As the President and his team plan their next steps, we want to make one thing clear: we won’t give one inch when it comes to defending equality, whether it is a full-on frontal assault or an attack under the guise of religion. Mike Pence should know that better than anyone given his track record in Indiana.”
“The Human Rights Campaign will stand with those who have already been targeted by this Administration and are prepared to fight tooth and nail against every effort to discriminate.”
North Carolina has been on the receiving end of its own boycott over its decision to allow for discriminate with House Bill 2 (HB2), which, in part, nullified non-discrimination ordinances passed by cities and municipalities throughout the state after Charlotte passed an expanded ordinance providing protections for LGBTQ people.
Press Secretary Sean Spicer recently said he did not know if Trump would overturn former president Barack Obama’s executive order banning anti-LGBTQ discrimination among federal contractors.
Trump has signaled support for anti-LGBTQ legislation in the form of the First Amendment Defense Act (FADA), pledging on his website to sign it into law. FADA would allow for businesses and individuals citing a religious belief to discriminate against the LGBTQ community and prohibit the federal government from taking “discriminatory action” against them for doing so.
Members of the House and Senate recently confirmed with BuzzFeed News‘ Dominic Holden that they plan to refile FADA.
JUST IN: Rep Labrador will refile 1st Amendment Defense Act to protect religious people & biz opposed to same-sex marriage, his office says.
I’ve confirmed House and Senate members plan to refile bills to protect people who have a religious objection to same-sex marriage.
Trump’s pick for Attorney General, Sen. Jeff Sessions, also recently defended the proposed legislation.
Update: Press Secretary Spicer was asked at today’s press conference about the rumored religious freedom executive order, as well as HRC’s statement on it, and he refused to answer the question.
Update 2: A White House spokesperson has said that an anti-LGBTQ executive order isn’t the plan at this time.
Donald Trump, First Amendment Defense Act, HB2, Indiana, Jeff Sessions, LGBTQ discrimination, LGBTQ rights, North Carolina, Religious Freedom Restoration Act
Russian website warns travelers how many gays are in any given city
Samantha Bee to host Trump roast: ‘Not the White House Correspondents Dinner’
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Freedom is Never Free: Olympic Security & Communications Systems Thanks You!
Memorial Day Facts, Traditions, Meaning, and More
When Is Memorial Day 2020?
This U.S. federal holiday is observed on the last Monday of May to honor the men and women who have died while serving in the military. In 2020, Memorial Day will be observed on Monday, May 25.
What’s the Difference Between Memorial Day and Veterans Day?
On both Memorial Day and Veterans Day, it’s customary to spend time remembering and honoring the countless veterans who have served the United States throughout the country’s history. However, there is a distinction between the two holidays:
Memorial Day commemorates the men and women who died while in the military service of their country, particularly those who died in battle or as a result of wounds sustained in battle. In other words, the purpose of Memorial Day is to memorialize the veterans who made the ultimate sacrifice for their country. We spend time remembering those who lost their lives and could not come home, reflecting on their service and why we have the luxury and freedom that we enjoy today. We might consider how we can support and safeguard their grieving families and loved ones who are left behind.
Veterans Day is the day set aside to thank and honor ALL who served—in wartime or peacetime—regardless of whether they died or survived. Veterans Day is always observed officially on November 11, regardless of the day of the week on which it falls. Read more about Veterans Day.
Remember: Raise the flag with honor and respect!
Memorial Day Facts and History
Traditionally, on Memorial Day (U.S.), people visit cemeteries and memorials, and volunteers often place American flags on each grave site at national cemeteries. A national moment of remembrance takes place at 3:00 p.m. local time.
The custom of honoring ancestors by cleaning cemeteries and decorating graves is an ancient and worldwide tradition, but the specific origin of Memorial Day—or Decoration Day, as it was first known—is unclear.
In early rural America, this duty was usually performed in late summer and was an occasion for family reunions and picnics. After the Civil War, America’s need for a secular, patriotic ceremony to honor its military dead became prominent, as monuments to fallen soldiers were erected and dedicated, and ceremonies centering on the decoration of soldiers’ graves were held in towns and cities throughout the nation.
After World War I, the day expanded to honor those who have died in all American wars.
No less than 25 places have been named in connection with the origin of Memorial Day, and states observed the holiday on different dates. In 1971, Memorial Day became a national holiday by an act of Congress; it is now celebrated annually on the last Monday in May.
Why Is The Poppy A Symbol of Memorial Day?
In the war-torn battlefields of Europe, the common red field poppy (Papaver rhoeas) was one of the first plants to reappear. Its seeds scattered in the wind and sat dormant in the ground, only germinating when the ground was disturbed—as it was by the very brutal fighting of World War 1.
John McCrae, a Canadian soldier and physician, witnessed the war first hand and was inspired to write the now-famous poem “In Flanders Fields” in 1915. He saw the poppies scattered throughout the battlefield surrounding his artillery position in Belgium.
The Poppy Lady
In November 1918, days before the official end of the war, an American professor named Moina Michael wrote her own poem, “We Shall Keep the Faith,” which was inspired by McCrae’s “In Flanders Fields.” In her poem, she mentioned wearing the “poppy red” to honor the dead, and with that, the tradition of adorning one’s clothing with a single red poppy in remembrance of those killed in the Great War was born. Moina herself came to be known—and honored—as “The Poppy Lady.”
The Symbol Spreads Abroad
The wearing of the poppy was traditionally done on Memorial Day in the United States, but the symbolism has evolved to encompass all veterans living and deceased, so poppies may be worn on Veterans Day as well. Not long after the custom began, it was adopted by other Allied nations, including Canada, Australia, New Zealand, and the United Kingdom, where it is still popular today. In these countries, the poppy is worn on Remembrance Day (November 11).
Today, poppies are not only a symbol of loss of life, but also of recovery and new life, especially in support of the servicemen who survived the war but suffered from physical and psychological injuries long after it ended.
(From the Editors of The Old Farmer's Almanac)
Take care, Stay Safe and Stay Healthy
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9 Years, 234 Days Later: What bin Laden's Death Means to America
Make no mistake: the death of al Qaeda leader Osama bin Laden, mastermind of the 9/11 terrorist attacks, is a monumental military and psychological victory for our great nation and for all Americans. It marks the end of the biggest criminal manhunt in history, presents us with an opportunity for unity, and to experience some sense of satisfaction as we continue to mourn the loss of 3000 victims and heal the still-open wounds.
Much has been said and written about the reaction here at home as news began to spread late Sunday evening that a Unites States mission led by Navy Seals killed bin Laden at his $1-million fortress/mansion in a suburb just 35 miles outside of Pakistan's capital (quite contrary to the belief these past ten years that he'd been desperately living like a hunted animal in a remote cave). Hundreds of people, largely college students and young people, immediately descended upon the White House, Times Square, Ground Zero and other locations throughout the country. While they rallied and cheered in jubilant celebration of the death of this monster, others have decried such revelry and likened it to the shameful dancing and glee that took place on the streets in middle eastern countries following the attacks ten years ago.
It's hard to make comparisons between then and now, as the deaths that were celebrated back in September 2001 were of innocent people, while bin Laden was a mass murderer who deserved to die. Additionally, it's unfair to judge anyone under these trying circumstances. Those who've lost loved ones to violence view life, and death, through a much different lens. It's easy to understand how victims of deadly crimes could desire vengeance and vindication. It's easy to understand their celebration over the death of those who kill. It's the biblical "eye for an eye." That other Americans who have indirectly been affected by the 9/11 attacks also joyously celebrate bin Laden's death is understandable as well.
To be sure, bin Laden and his actions forever changed the U.S landscape in so many ways. His impact can be felt in virtually every aspect of American life, from politics and finance to travel and homeland security. Since the 9/11 attacks, we've been forced to live in fear when we fly, board a train, stand in the subways. That the architect of this terror had half his face blown off is justice served to many. Like Hitler during the 1930's and 40's, bin Laden was responsible for mass death and atrocities, and was our #1 enemy. It's ok to cheer and celebrate his death. We killed our enemy before he could kill us. The joy is more like a collective sigh of relief that maybe this reign of terror, if not over, will abate somewhat. And if our great nation, which has been royally kicked in the ass since the 9/11 attacks--made worse by the worst financial crisis in over 80 years--has a brief opportunity to feel victorious and proud, what's wrong with that?
But it's also completely understandable to view such revelry as uncouth and un-American. Celebrating the death of anyone is not supposed to be something which causes elation and high-fives. We are supposed to be above that. Civility and the rule of law is what really makes America great. But things are very complicated in the post 9/11 world. Grief comes in many different flavors, and everyone experiences it differently. So we must understand and accept the myriad reactions to bin Laden's death without judgement, and at least agree that America and the world is a better place without him.
Too bad any good feeling will be lost to the tea bagging repubs. They are so full of racial hate for our duly elected president, that they can't see or think straight. I am white and I find them immoral.
I completely agree with your take on the celebrations.
People see it both ways. I guess it's kind of personal.
My take on things is that there is a big difference between the revelry that comes from winning a hard fought war as was the case on V-E and V-J days in Times Square and dancing in the streets when a person is dead.
One deals with victory of nation over nation and an END to killing. There is the joy that comes from the knowledge that a war has ended and it's not individualized.
The other deals with the killing of a particular person, which leaves me a bit queasy. I get it that people who lost loved ones could feel such an emotion - the old saying is a conservative is a liberal who was once mugged.
But what I saw on TV were college kids for the most part - kids who were toddlers when 9/11 happened - who really weren't deeply thinking beyond the "let's celebrate" mode. To me, those kids - some of whom expressed the view that their final exams scheduled for the next day should be postponed - were not very classy and made me squirm. It was almost like "something to do". Not nice.
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9 Years, 234 Days Later: What bin Laden's Death Me...
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Home NewsPCBS & PMA: Announced the preliminary results of the Foreign Investment Survey of Resident Enterprises in Palestine as of end of year 2019
The Palestinian Central Bureau of Statistics (PCBS) and the Palestine Monetary Authority (PMA) announced the preliminary results of the Foreign Investment Survey of Resident Enterprises in Palestine as of end of year 2019
The total foreign direct investment stock in resident enterprises in Palestine amounted to USD 1,732 million at the end of 2019
The Palestinian Central Bureau of Statistics (PCBS) and the Palestine Monetary Authority (PMA) announced the preliminary results of the Foreign Investment Survey of Resident Enterprises in Palestine as of end of year 2019. This periodic survey constitutes the continuous efforts made by both of PCBS and PMA on a regular basis.
Results indicated that external investments by resident enterprises in Palestine were greater than investments by non-residents in resident enterprises in Palestine at the end of 2019, taking into consideration the specification of the Palestinian situation; that Palestine does not own a national currency, which is included in the other investments on the assets side.
In this regard, the total investment stock abroad of resident enterprises in Palestine (assets) is amounted to USD 7,102 million at the end of 2019, of which 63.9% is foreign exchange in these enterprises and their deposits in banks abroad.
In addition, the total foreign investment stock in resident enterprises in Palestine (liabilities) is amounted to USD 3,189 million at the end of 2019, of which 54.3% is foreign direct investment (FDI). (See table1).
The total investments stock abroad of resident enterprises in Palestine (assets) at the end of 2019 was distributed as: Other investments abroad amounted to USD 4,768 million with a percentage of 67.1% of total assets; portfolio investments abroad amounted to USD 1,416 million with a percentage of 19.9% of total assets; stock of reserve assets for the PMA amounted to USD 658 million with a percentage of 9.3% of total assets; and the foreign direct investments (FDI) abroad amounted to USD 260 million with a percentage of 3.7% of total assets at the end of 2019.
While the total foreign investment stock in resident enterprises in Palestine (liabilities) was distributed as: Foreign direct investments (FDI) amounted to USD 1,732 million with a percentage of 54.3% of total liabilities; portfolio investments were USD 714 million with a percentage of 22.4% of total liabilities; while other investments totaled USD 743 million with a percentage of 23.3% of total liabilities at the end of 2019.
Results showed that 64.3% of foreign direct investments (FDI) in resident enterprises in Palestine is concentrated in the financial intermediation activity. Whereas investments from Jordan contributed 82.6% of total stock of FDI in resident enterprises in Palestine.
Results also showed that 59.8% of total portfolio investments in resident enterprises in Palestine is concentrated in the financial intermediation activity. Whereas investments from Jordan contributed 51.2% of the total stock of Portfolio investments in resident enterprises in Palestine.
The Foreign Investment Survey is considered to be the primary tool for collecting data about the International Investment Position (IIP). It collects details on the flows and stocks of foreign investments, using special forms. The IIP is an account, which records the total balance of foreign financial assets and liabilities of the economy. Changes in IIP are categorized into two levels: The first level differentiates between assets and liabilities and the difference represents the net IIP; and the second level focuses on the division of assets and liabilities on a functional basis that is fully consistent with the basic elements of financial account in the balance of payments, in addition to changes between stocks at the beginning and at the end of the period. This may include changes in prices, currency exchange rates, or a quantitative change resulting from sudden profit or loss as a result of natural disasters or war. The Foreign Investment Survey was conducted in accordance with the recent international recommendations; taking into consideration the specification of the Palestinian situation.
Table 1: Main Indicators of the Foreign Investment Survey of Resident Enterprises in Palestine (stocks) at end of 2019
Value in million USD
Total Assets*
Stocks of Foreign Direct Investment
Stocks of Portfolio Investments
of which: Equity securities
of which: Debt securities
Stocks of Other Investments:
of which: Trade credits
of which: Loans
of which: Currency and deposits
of which: Other Assets
Stocks of Reserves Assets
Total Liabilities**
of which: Other Liabilities
*Assets are the investments abroad of Resident enterprises in Palestine
** Liabilities are the foreign investments in Resident enterprises in Palestine
Table 2: Percentage Distribution of Foreign Direct Investment (FDI) in Resident Enterprises in Palestine by Economic Activity at end of 2019
Value (in Million USD)
Services, Transport, Storage, communications & internal trade
Table 3: Percentage Distribution of Foreign Direct Investment (FDI) in Resident Enterprises in Palestine by Country at end of 2019
Table 4: Percentage Distribution of Foreign Portfolio Investment in Resident Enterprises in Palestine by Economic Activity at end of 2019
Table 5: Percentage Distribution of Foreign Portfolio Investment in Resident Enterprises in Palestine by Country at end of 2019
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Voter Fraud in the Wisconsin Assembly: Didn’t We Just Pass A Law Against This?
If there’s two things that Political Progressives loves to blog about the most, it would have to be corruption in government and hypocrisy.
Wait, wasn’t that the first line of our last post on Political Progressives? Indeed it was. But it seems like Wisconsin Republicans must be reading out blog, because they continue to contribute some of the greatest instances of combined corruption and hypocrisy seen in government in years.
This time the source of corruption doesn’t come from our dear friend, Gov. Scott Walker. Instead, it comes from Kleefisch – but probably not the one you’re thinking of. Although we could (and probably will) do a post on some of the insanely stupid things Wisconsin Lieutenant Gov. Rebecca Kleefisch has said over the years, today’s spotlight shines on her husband, WI Rep. Joel Kleefisch of Oconomowoc. Don’t worry, he’s just as ‘impressive’ as his wife.
Before we get to the main point of the post, it’s important to note that Rep. Kleefisch was one of the most advocate supporters of the Voter ID Bill, which Gov. Walker signed into law just in time to apply to the recent primary elections. We’ll be doing a post recently sharing our writer’s experience with the new law – but the important thing is that Kleefisch fought tooth and nail to force Wisconsin voters to have to show their ID at the polls before they were handed a ballot.
Okay, now that we’ve got the backstory, check out this YouTube video titled “Proof of Voter Fraud in the Wisconsin State Assembly”. Our favorite moment is the spot right at the end where it looks like Kleefisch realizes he’s on Candid Camera and nearly shits himself.
So in case you missed it, that was Rep. Kleefisch voting himself, then reaching over and voting over for the absent Rep. Paul Farrow, then a third time for the absent Rep. Dean Knudson (who was also an outspoken advocate of Voter ID reform, claiming that previous elections were rigged by Democrats who brought residents of other counties over to vote against him). So that’s one person casting three votes.
Again, didn’t we just pass a law so stuff like this doesn’t happen in our great state?
And for those Republicans out there going “So what’s wrong with that?” (and trust us, they’re out there), might I refer you to Assesembly Rule 76.(5) which states that “Only the members present in the assembly chamber may vote.” So we’ve got a State Representative in clear violation of a law that is eerily similar to one he just voted for. (Or at least we think he voted for it. Could be he was absent and one of his Republican cronies voted for him.)
Now, if the story stopped there, it would be one thing. The situation is embarrassing, and it did lead to Kleefisch being voted as the “Worst Person in the World” by the <sarcasm>completely objective Keith Olbermann</sarcasm> (start it at the 3:30 mark to go right to Kleefisch, the other two segments aren’t that great). But naturally, the story doesn’t end there.
WTMJ in Milwaukee was able to catch up to Rep. Kleefisch and ask him about the incident. For reasons unbeknownst to us, Kleefisch actually agreed to do the interview. When he was asked if he felt he broke the law (after being informed about the law in question), Kleefisch said, “Uh, well, it depends on how you interpret the rule.” Here’s the video and corresponding article from the great folks at WTMJ.
Once again, the rule is “Only the members present in the assembly chamber may vote.” Now, we’re not claiming to be rocket scientists here, but if Rep. Kleefisch needs help interpreting this rule, we feel as though he probably shouldn’t be a member of our state’s government, much less a voting member of it.
How much more clearer could the Constitution be? If you’re not there, you don’t vote. Done. Simple as that. Two people weren’t there. They don’t get to vote. That’s it. They don’t get to phone a friend and pass their votes along, they don’t get their pages to vote for them – if your Representative isn’t doing his job by attending a session of Congress, then s/he doesn’t get to cast a vote.
Kleefisch then gives a laundry list of excuses, each one more laughable then the next. We’ll go through them in order.
“The bathroom counts as the chamber. And the parlor counts as a chamber if you are going to eat.”
Look, we hardly think that the founding fathers of the great state of Wisconsin included breaks to the pisser or the cafeteria in the State Constitution. We’re guessing that by the chamber, they mean the chamber in which the votes are cast, and not the adjacent can/canteen. But this argument is laughable. You’re telling me someone couldn’t hold it for five minutes, or they were going to go into diabetic shock if they didn’t hit the local burger joint? We would be willing to bet our entire operating budget (a handful of change a Republican once threw at our writer for trying to logically debate politics) that the two Representatives Kleefisch voted for were nowhere near the chamber (or even the capitol for that matter).
So does murder – but it doesn’t make it right. Check out this video from Texas that shows (in just one session) how often voter fraud occurs. And while the video does show one Democrat breaking the law, we would argue that this is more of a Republican problem, and not as widespread across party lines as Reps. Kleefisch and Fields want you to think. Regardless, the “but everyone else is doing it” argument is just as childish as it sounds.
“It is another attempt at character assassination.”
We’re not sure exactly how showing your constituents your voting practices counts as character assassination. Somehow we would classify this as truthful reporting, and not the negatively-connotatied character assassination claim made by Kleefisch. But Kleefisch’s claim that this is really about his wife and Gov. Walker is sickening. No, Joel, this is about you and your fraudulent voting practices. Although now that you mention it, Walker does play a part in this discussion…
See, Gov. Walker was once a State Representative, and actually argued in favor of changing the rule to say that you had to be in your seat and in the chamber to vote. The interesting thing about this (that almost everyone seems to be missing) is that the law doesn’t need to be changed. It says everything it needs to – that you need to be in your seat to vote. The problem isn’t with the law – it’s with the enforcement. Someone needs to come up with a way so that only people who are actually present can vote.
Now we know what you’re thinking – that enforcement is expensive and isn’t effective. But we’ve got a solution that we can’t see anything wrong with: Biometric scanners. The technology is developed enough that it’s cheap, effective, and we don’t see how it wouldn’t work. Simply put a biometric scanner next to the voting button. The Rep. scans his/her finger, activating the button for 15 seconds. The Rep. votes. No finger scan? The button doesn’t work. No vote.
We honestly can’t believe no one hasn’t thought to do this yet. If anyone can think of a reason not to do it, please comment below – we’d love to hear from you. But if Gov. Walker is really serious about fixing this problem like he said he was in ’96, the problem isn’t with the law and the way it’s written – it’s an enforcement issue. And we’ve got the solution. Why not give it a shot?
« Scott Walker – Wisconsin’s (Reverse) Robin Hood
Revisiting Wisconsin’s Job Numbers: Prognosis? Not So Good »
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Aeronautical Information Service
Get Aeronautical Information Service essential facts below. View Videos or join the Aeronautical Information Service discussion. Add Aeronautical Information Service to your PopFlock.com topic list for future reference or share this resource on social media.
The Aeronautical Information Service (AIS) is a service established in support of international civil aviation, whose objective is to ensure the flow of information necessary for the safety, regularity, and efficiency of international air navigation.
The manner in which aeronautical information is gathered and managed is governed by Annex 15 to the Convention on International Civil Aviation (ICAO Annex 15), which defines how an aeronautical information service shall receive and/or originate, collate or assemble, edit, format, publish/store and distribute specified aeronautical information/data. The goal is to satisfy the need for uniformity and consistency in the provision of aeronautical information/data that is required for operational use by international civil aviation.
ICAO Annex 15 specifies that aeronautical information should be published as an integrated aeronautical information package (IAIP), composed of the following elements:
The Aeronautical Information Publication (AIP), including amendment services
AIP supplements
Aeronautical Information Circulars (AIC)
NOTAM (Notice to Airmen)--alerts aircraft pilots of any hazards en route or at a specific location
Checklists and lists of valid NOTAM
Pre-flight Information Bulletins (PIB)
Each element is used to distribute specific types of aeronautical information.
ICAO Annex 15
The ICAO Council first adopted the original Standards and Recommended Practices in 1953. Annex 15 has its origins in Article 37 of the Chicago Convention.
A total of 35 amendments updated Annex 15 over the years to meet the rapid changes brought about by air travel and associated information technology. In recent years, Annex 15 amendments have reflected the increased need for the timely provision of quality aeronautical information/data and terrain data as they have become critical components of data-dependent on-board navigation systems. The Annex now contains many provisions aimed at preventing corrupt or erroneous aeronautical information/data which can potentially affect the safety of air navigation.
The philosophy underlying Annex 15, which stems from Article 28 of the Convention on International Civil Aviation, is that each State is responsible for making available to civil aviation interests any and all information which is pertinent to and required for the operation of aircraft engaged in international civil aviation within its territory, as well as in areas outside its territory in which the State has air traffic control or other responsibilities.
Transition from AIS to AIM
Despite the age of the Internet, satellite navigation and computer networks, the approach to aeronautical information distribution is still based on paper charts, paper documentation and telex-based text messages. Much of the data is entered more than once in different computers using a keyboard rather than by file transfer or database transactions.
The computer-based navigation systems, and area navigation (RNAV), required navigation performance (RNP) and air traffic management requirements, introduced a need for new corresponding AIS requirements for quality and timeliness of aeronautical information.
The role of present AIS would need to transform to an information management service, changing duties, responsibilities and scope to satisfy these new requirements and to cope with and manage the provision of information. The definition of a future high-level view as to the shape, nature and content of a strategy for the evolution from traditional product-centric AIS to the enlarged scope of data-centric aeronautical information management (AIM) began and ICAO took the lead at the global level with regard to the transition from AIS to AIM.
The aeronautical information services must transition to a broader concept of aeronautical information management, with a different method of information provision and management given its data-centric nature as opposed to the product-centric nature of AIS. The expectations are that the transition to AIM will not involve many changes in terms of the scope of information to be distributed. The major change will be the increased emphasis on data distribution, which should place the future AIM in a position to better serve airspace users and air traffic management in terms of their information management requirements.
Aeronautical Information Service by Region/Country
Relevant AIS websites
South Africa CAA Website}
Albania AIS webpage EAD
Armenia AIS webpage, eAIP, NOTAM EAD
Austria AIS webpage Homebriefing EAD
Belgium AIS webpage eAIP
Czech Republic iAIP
Denmark AIM Webpage
France SIA
Germany (Military) MIL AIS webpage
Germany AIS webpage
Greece AIS webpage
Hungary AIS webpage
Netherlands AIS webpage eAIP Homebriefing EAD
Norway AIP webpage
Poland AIS webpage
Portugal AIS webpage
Romania AIS webpage
Russia AIS webpage
Serbia AIP webpage
Slovakia AIS webpage
Spain AIS webpage
Sweden AIS webpage
Switzerland AIM services Briefing services EAD
UK AIS webpage
Ukraine AIS webpage EAD
Argentina AIP, SUP, AIC
Brazil AIP, SUP, AIC, NOTAM, Charts
Chile AIP, SUP, AIC, NOTAM, Charts
Ecuador AIP, SUP, AIC, NOTAM, Charts
Uruguay AIP, SUP, AIC, NOTAM, Charts
Bahrain AIM portal
Japan AIP, SUP, AIC, NOTAM
Hong Kong AIP, SUP, AIC, NOTAM
South Korea AIP, NOTAM
Kyrgyzstan AIP, AIC, NOTAMS
Mongolia AIP, SUP, AIC
Saudi Arabia ANS webpage
Sri Lanka AIP, SUP, AIC, NOTAM
Taiwan AIP, SUP, AIC, NOTAM
Uzbekistan AIP, SUP, AIC, NOTAM
Not all contracting states of ICAO provide an online Aeronautical Information Service, and the following list may not be complete:
Brazil[1]
China[2]
Curacao[3]
Morocco[5]
Mongolia[6]
Philippines[8]
Poland[9]
Portugal[10]
Singapore[11]
Sri Lanka[12]
Sweden[13]
Turkey[14]
United Kingdom[15]
United States[16]
Uzbekistan[17]
Flight service station
^ "AISWEB" (in Portuguese). Retrieved .
^ Air Traffic Management Bureau Archived September 28, 2007, at the Wayback Machine
^ "DC-ANSP - Dutch Caribbean Air Navigation Service Provider". dc-ansp.org. Retrieved .
^ Finavia Aeronautical Information Service
^ Service d'Information Aéronautique du Maroc Archived May 3, 2009, at the Wayback Machine
^ "Aeronautical Information Services Mongolia". Archived from the original on 2012-07-10. Retrieved .
^ Internet Pilot Planning Center
^ Civil Aviation Authority of the Philippines Archived February 22, 2011, at the Wayback Machine
^ Polska Agencja ?eglugi Powietrznej
^ "Portuguese Aeronautical Information Services" (in Portuguese and English). Retrieved .
^ Civil Aviation Authority of Singapore Archived April 11, 2010, at the Wayback Machine
^ "Aeronautical Information Services of the Sri Lanka". Archived from the original on 2013-10-23. Retrieved .
^ Färdplanering (Flight Planning Centre - FPC)
^ Turkey Aeronautical Information Managemenet Staff Association Archived February 10, 2012, at the Wayback Machine
^ National Air Traffic Services (NATS)
^ Aeronautical Information Management Archived June 22, 2009, at the Wayback Machine at the FAA website
^ AIS of Republic of Uzbekistan Archived 2011-09-09 at the Wayback Machine
Annex 15 to the Convention on International Civil Aviation
ICAO Roadmap for transition from AIS to AIM
EUROCONTROL's registry of Aeronautical information services around the world
Aeronautical_Information_Service
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James Evans (linguist)
Get James Evans Linguist essential facts below. View Videos or join the James Evans Linguist discussion. Add James Evans Linguist to your PopFlock.com topic list for future reference or share this resource on social media.
James Evans Linguist
Kingston-upon-Hull, England
Norway House, Manitoba, Canada
English, Canadian
Methodist missionary, linguist
Creator of the Canadian Aboriginal syllabics system for the Ojibwe language and the Cree Language and later adopted by Inuktitut
James Evans (January 18, 1801 – November 23, 1846) was an English-Canadian Methodist missionary and amateur linguist. He is best remembered for his creation of the "syllabic" writing system for Ojibwe and Cree, which was later adapted to other languages such as Inuktitut.[1]
Evans was born in Kingston-upon-Hull in England, but emigrated with his parents to Lower Canada in 1822,[2] where he worked as a teacher. He later moved to Rice Lake and continued his teaching work.
Teaching Indigenous Canadians his system
In 1833 he was ordained as a Wesleyan (Methodist) minister, and in 1840 he was given authority over the local district in Norway House in Manitoba. During this time Evans worked on the development of the Ojibwe and Cree scripts. Evans had picked up Ojibwe during his work among the people in Upper Canada. He created the Ojibwe script after first trying to apply a Roman script to their language. Later, he modified syllabics slightly and applied it to Cree, a related language. The syllabic writing system is based on Brahmi and scripts on Devanagari and Pitman Shorthand. They were easy to learn and led to almost universal literacy among the Canadian Ojibwe and Cree within a few years.
Evans's other missionary work was scarred by turmoil. Evans clashed several times with the Hudson's Bay Company, mostly over their treatment of the native population. Evans accidentally shot and killed his friend and co-worker Thomas Hassall in 1844. He was accused of sexual misconduct with native girls under his care. This was proven to be a ploy by the church to discredit and incarcerate Evans, due to his unwavering dedication in helping the native people. Although he was acquitted, he was sent to London to defend himself again. The stress took a toll on his health, and he died of a heart attack in 1846. His daughter Clarissa Eugenia later married the HBC trapper and explorer John McLean, who became active in the Methodist community of Guelph, Canada West (now Ontario).
James Evans's grave was in England, but his remains were cremated and sent to Norway House, Manitoba.[]
Other James Evanses
^ Murdoch, John. "A Serious Read on Syllabics: The M.Ed Thesis of John Murdoch". Cree Literacy Network. Retrieved 2019.
^ "Biography - EVANS, JAMES - Volume VII (1836-1850) - Dictionary of Canadian Biography". www.biographi.ca.
McLean, John (1890), James Evans: Inventor of the Syllabic System of the Cree Language, Toronto: Methodist Mission Rooms .
The James Evans Collection at the Victoria University Library at the University of Toronto
James_Evans_(linguist)
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Languages of Laos
Get Languages of Laos essential facts below. View Videos or join the Languages of Laos discussion. Add Languages of Laos to your PopFlock.com topic list for future reference or share this resource on social media.
Landlocked country in Southeast Asia
Coordinates: 18°N 105°E / 18°N 105°E / 18; 105
Motto: " ? ? ? "
"Santiphap Ekalat Paxathipatai Ekaphap Vatthanathavon" (Lao romanisation)
"Paix, indépendance, démocratie, unité et prospérité"
(English: "Peace, independence, democracy, unity and prosperity")
Anthem: "Pheng Xat Lao"
(English: "Lao National Anthem")
Show globe
Show map of ASEAN
Location of Laos (green)
in ASEAN (dark grey) - [Legend]
17°58?N 102°36?E / 17.967°N 102.600°E / 17.967; 102.600
Recognised languages
French[1]
List of ethnicities
53.2% Lao
9.2% Hmong
3.4% Phouthai
3.1% Tai
2.5% Makong
2.2% Katang
2.0% Lue
1.8% Akha
11.6% othera
Buddhism 66.0%
Tai folk religion 30.7%
Christianity 1.5%
Others / None 1.8%[3]
Unitary Marxist-Leninist one-party socialist republic
o and President
o and Vice President
o Prime Minister
o President of the National Assembly
o Kingdom of Lan Xang
o Kingdoms of Luang Phrabang, Vientiane & Champasak
o Vassals of Siam
o French protectorate
o Unified Kingdom
o Independence
o Monarchy abolished
o Current constitution
237,955 km2 (91,875 sq mi) (82nd)
o Water (%)
o 2019 estimate
7,123,205 (105th)
o 2015 census
26.7/km2 (69.2/sq mi) (151st)
US$58.329 billion[5]
o Per capita
US$8,458[5]
GDP (nominal)
US$2,670[5] (131st)
medium · 137th
Kip (?) (LAK)
(ICT)
dmy
Including over 100 smaller ethnic groups.
Laos (,[8];[9][10]Lao: , L?o [lá:w]), officially the Lao People's Democratic Republic (Lao lau; French: République démocratique populaire lao), is a socialist state and the only landlocked country in Southeast Asia. At the heart of the Indochinese Peninsula, Laos is bordered by Myanmar and China to the northwest, Vietnam to the east, Cambodia to the southeast and Thailand to the west and southwest.[11]
Present Laos traces its historic and cultural identity to Lan Xang, which existed from the 14th century to the 18th century as one of the largest kingdoms in Southeast Asia.[12] Because of its central geographical location in Southeast Asia, the kingdom became a hub for overland trade and became wealthy economically and culturally.[12] After a period of internal conflict, Lan Xang broke into three separate kingdoms--Luang Phrabang, Vientiane, and Champasak. In 1893, the three territories came under a French protectorate and were united to form what is now known as Laos. It briefly gained independence in 1945 after Japanese occupation but was recolonised by France until it won autonomy in 1949. Laos became independent in 1953, with a constitutional monarchy under Sisavang Vong. A post-independence civil war began, which saw the communist resistance, supported by the Soviet Union, fight against the monarchy that later came under influence of military regimes supported by the United States. After the Vietnam War ended in 1975, the communist Pathet Lao came to power, ending the civil war. Laos was then dependent on military and economic aid from the Soviet Union until its dissolution in 1991.
Laos is a member of the Asia-Pacific Trade Agreement, the ASEAN, East Asia Summit, and La Francophonie. Laos applied for membership of the World Trade Organization in 1997; on 2 February 2013, it was granted full membership.[13] It is a one-party socialist republic, espousing Marxism-Leninism governed by the Lao People's Revolutionary Party.
The politically and culturally dominant Lao people make up 53.2% of the population, mostly in the lowlands. Mon-Khmer groups, the Hmong, and other indigenous hill tribes live in the foothills and mountains. Laos' strategies for development are based on generating electricity from rivers and selling the power to its neighbours, namely Thailand, China, and Vietnam, as well as its initiative to become a "land-linked" nation, as evidenced by the construction of four new railways connecting Laos and neighbours.[14][15] Laos has been referred to as one of Southeast Asia and Pacific's fastest growing economies by the World Bank with annual GDP growth averaging 7.7% since 2009.[16][17]
The English word Laos was coined by the French, who united the three Lao kingdoms in French Indochina in 1893 and named the country as the plural of the dominant and most common ethnic group, the Lao people.[18] English speakers often mispronounce the word 'Laos', falsely believing that it should be pronounced with a silent 's', however the 's' in Laos should not be silent.[18][19][20][21][22] In the Lao language, the country's name is Muang Lao () or Pathet Lao (), both of which literally mean 'Lao Country'.[23]
Pha That Luang in Vientiane is the national symbol of Laos.
An ancient human skull was recovered in 2009 from the Tam Pa Ling Cave in the Annamite Mountains in northern Laos; the skull is at least 46,000 years old, making it the oldest modern human fossil found to date in Southeast Asia.[24] Stone artifacts including Hoabinhian types have been found at sites dating to the Late Pleistocene in northern Laos.[25] Archaeological evidence suggests an agriculturist society developed during the 4th millennium BC.[26] Burial jars and other kinds of sepulchers suggest a complex society in which bronze objects appeared around 1500 BC, and iron tools were known from 700 BC. The proto-historic period is characterised by contact with Chinese and Indian civilisations. According to linguistic and other historical evidence, Tai-speaking tribes migrated southwestward to the modern territories of Laos and Thailand from Guangxi sometime between the 8th and 10th centuries.[27]
Fa Ngum, founder of the Lan Xang Kingdom
Laos traces its history to the kingdom of Lan Xang ('million elephants'), which was founded in the 14th century by a Lao prince, Fa Ngum,[28]:223 whose father had his family exiled from the Khmer Empire. Fa Ngum, with 10,000 Khmer troops, conquered many Lao principalities in the Mekong river basin, culminating in the capture of Vientiane. Ngum was descended from a long line of Lao kings that traced back to Khoun Boulom.[29] He made Theravada Buddhism the state religion, and Lan Xang prospered. His ministers, unable to tolerate his ruthlessness, forced him into exile to the present-day Thai province of Nan in 1373,[30] where he died. Fa Ngum's eldest son, Oun Heuan, ascended to the throne under the name Samsenethai and reigned for 43 years. Lan Xang became an important trade centre during Samsenthai's reign, but after his death in 1421 it collapsed into warring factions for nearly a century.[31]
In 1520, Photisarath came to the throne and moved the capital from Luang Prabang to Vientiane to avoid a Burmese invasion. Setthathirath became king in 1548, after his father was killed, and ordered the construction of what became the symbol of Laos, That Luang. Settathirath disappeared in the mountains on his way back from a military expedition into Cambodia, and Lan Xang fell into more than seventy years of instability, involving both Burmese invasion and civil war.[32]
In 1637, when Sourigna Vongsa ascended the throne, Lan Xang further expanded its frontiers. His reign is often regarded as Laos's golden age. When he died without an heir, the kingdom split into three principalities. Between 1763 and 1769, Burmese armies overran northern Laos and annexed Luang Prabang, while Champasak eventually came under Siamese suzerainty.[33]
Chao Anouvong was installed as a vassal king of Vientiane by the Siamese. He encouraged a renaissance of Lao fine arts and literature and improved relations with Luang Phrabang. Under Vietnamese pressure, he rebelled against the Siamese in 1826. The rebellion failed, and Vientiane was ransacked.[34] Anouvong was taken to Bangkok as a prisoner, where he died.[35]
A Siamese military campaign in Laos in 1876 was described by a British observer as having been "transformed into slave-hunting raids on a large scale".[36]
French Laos (1893-1953)
Local Lao soldiers in the French Colonial guard, c. 1900
In the late 19th century, Luang Prabang was ransacked by the Chinese Black Flag Army.[37] France rescued King Oun Kham and added Luang Phrabang to the protectorate of French Indochina. Shortly after, the Kingdom of Champasak and the territory of Vientiane were added to the protectorate. King Sisavang Vong of Luang Phrabang became ruler of a unified Laos, and Vientiane once again became the capital.[38] Laos never held any importance for France[39] other than as a buffer state between Thailand and the more economically important Annam and Tonkin.
Laos produced tin, rubber, and coffee, but never accounted for more than one percent of French Indochina's exports. By 1940, around 600 French citizens lived in Laos.[40] Under French rule, the Vietnamese were encouraged to migrate to Laos, which was seen by the French colonists as a rational solution to a labour shortage within the confines of an Indochina-wide colonial space.[41] By 1943, the Vietnamese population stood at nearly 40,000, forming the majority in the largest cities of Laos and enjoying the right to elect its own leaders.[42] As a result, 53% of the population of Vientiane, 85% of Thakhek, and 62% of Pakse were Vietnamese, with only the exception of Luang Prabang where the population was predominantly Lao.[42] As late as 1945, the French drew up an ambitious plan to move massive Vietnamese population to three key areas, i.e., the Vientiane Plain, Savannakhet region, and the Bolaven Plateau, which was only derailed by the Japanese invasion of Indochina.[42] Otherwise, according to Martin Stuart-Fox, the Lao might well have lost control over their own country.[42]
During World War II in Laos, Vichy France, Thailand, Imperial Japan and Free France occupied Laos.[43] On 9 March 1945, a nationalist group declared Laos once more independent, with Luang Prabang as its capital, but on 7 April 1945 two battalions of Japanese troops occupied the city.[44] The Japanese attempted to force Sisavang Vong (the King of Luang Phrabang) to declare Laotian independence, but on 8 April he instead simply declared an end to Laos's status as a French protectorate. The king then secretly sent Prince Kindavong to represent Laos to the Allied forces and Prince Sisavang as representative to the Japanese.[44] When Japan surrendered, some Lao nationalists (including Prince Phetsarath) declared Laotian independence, but by early-1946, French troops had reoccupied the country and conferred limited autonomy on Laos.[45]
During the First Indochina War, the Indochinese Communist Party formed the Pathet Lao independence organisation. The Pathet Lao began a war against the French colonial forces with the aid of the Vietnamese independence organisation, the Viet Minh. In 1950, the French were forced to give Laos semi-autonomy as an "associated state" within the French Union. France remained in de facto control until 22 October 1953, when Laos gained full independence as a constitutional monarchy.[46][45]
Independence and Communist rule (1953-present)
French General Salan and Prince Sisavang Vatthana in Luang Prabang, 4 May 1953
The First Indochina War took place across French Indochina and eventually led to French defeat and the signing of a peace accord for Laos at the Geneva Conference of 1954. In 1960, amidst a series of rebellions in the Kingdom of Laos, fighting broke out between the Royal Lao Army (RLA) and the communist North Vietnamese and Soviet Union-backed Pathet Lao guerillas. A second Provisional Government of National Unity formed by Prince Souvanna Phouma in 1962 was unsuccessful, and the situation steadily deteriorated into large scale civil war between the Royal Laotian government and the Pathet Lao. The Pathet Lao were backed militarily by the People's Army of Vietnam (PAVN) and the Viet Cong.[46][45]
Ruins of Muang Khoun, former capital of Xiangkhouang province, destroyed by the American bombing of Laos in the late 1960s
Laos was a key part of the Vietnam War since parts of Laos were invaded and occupied by North Vietnam for use as a supply route for its war against South Vietnam. In response, the United States initiated a bombing campaign against the PAVN positions, supported regular and irregular anticommunist forces in Laos, and supported Army of the Republic of Vietnam incursions into Laos.[46][45]
In 1968, the PAVN launched a multi-division attack to help the Pathet Lao fight the RLA. The attack resulted in the RLA largely demobilising, leaving the conflict to irregular ethnic Hmong forces of the "Secret Army" backed by the United States and Thailand, and led by General Vang Pao.[]
Massive aerial bombardment against the PAVN/Pathet Lao forces were carried out by the United States to prevent the collapse of the Kingdom of Laos central government, and to deny the use of the Ho Chi Minh Trail to attack U.S. forces in South Vietnam.[46] Between 1964 and 1973, the U.S. dropped two million tons of bombs on Laos, nearly equal to the 2.1 million tons of bombs the U.S. dropped on Europe and Asia during all of World War II, making Laos the most heavily bombed country in history relative to the size of its population; The New York Times notes this was "nearly a ton for every person in Laos".[47] Some 80 million bombs failed to explode and remain scattered throughout the country, rendering vast swaths of land impossible to cultivate and killing or maiming approximately 50 Laotians every year.[48] Because of the particularly heavy impact of cluster bombs during this war, Laos was a strong advocate of the Convention on Cluster Munitions to ban the weapons and was host to the First Meeting of States Parties to the convention in November 2010.[49]
Pathet Lao soldiers in Vientiane, 1972
In 1975 the Pathet Lao overthrew the royalist government, forcing King Savang Vatthana to abdicate on 2 December 1975. He later died under suspicious circumstances in a re-education camp. Between 20,000 and 62,000 Laotians died during the civil war.[46][50] The royalists set up a government in exile in the United States.
On 2 December 1975, after taking control of the country, the Pathet Lao government under Kaysone Phomvihane renamed the country as the Lao People's Democratic Republic and signed agreements giving Vietnam the right to station armed forces and to appoint advisers to assist in overseeing the country. The close ties between Laos and Vietnam were formalised via a treaty signed in 1977, which has since provided direction for Lao foreign policy, and provides the basis for Vietnamese involvement at all levels of Lao political and economic life.[46][51] Laos was requested in 1979 by Vietnam to end relations with the People's Republic of China, leading to isolation in trade by China, the United States, and other countries.[52] In 1979, there were 50,000 PAVN troops stationed in Laos and as many as 6,000 civilian Vietnamese officials including 1,000 directly attached to the ministries in Vientiane.[53][54]
The conflict between Hmong rebels and Laos continued in key areas of Laos, including in Saysaboune Closed Military Zone, Xaisamboune Closed Military Zone near Vientiane Province and Xieng Khouang Province. From 1975 to 1996, the United States resettled some 250,000 Lao refugees from Thailand, including 130,000 Hmong.[55]
Mekong River flowing through Luang Prabang
Paddy fields in Laos
Laos is the only landlocked country in Southeast Asia, and it lies mostly between latitudes 14° and 23°N (a small area is south of 14°), and longitudes 100° and 108°E. Its thickly forested landscape consists mostly of rugged mountains, the highest of which is Phou Bia at 2,818 metres (9,245 ft), with some plains and plateaus. The Mekong River forms a large part of the western boundary with Thailand, where the mountains of the Annamite Range form most of the eastern border with Vietnam and the Luang Prabang Range the northwestern border with the Thai highlands. There are two plateaux, the Xiangkhoang in the north and the Bolaven Plateau at the southern end. Laos can be considered to consist of three geographical areas: north, central, and south.[56] Laos had a 2019 Forest Landscape Integrity Index mean score of 5.59/10, ranking it 98th globally out of 172 countries.[57]
In 1993 the Laos government set aside 21% of the nation's land area for habitat conservation preservation.[58] The country is one of four in the opium poppy growing region known as the "Golden Triangle".[59] According to the October 2007 UNODC fact book Opium Poppy Cultivation in South East Asia, the poppy cultivation area was 15 square kilometres (5.8 sq mi), down from 18 square kilometres (6.9 sq mi) in 2006.[60]
Laos map of Köppen climate classification.
The climate is mostly tropical savanna and influenced by the monsoon pattern.[61] There is a distinct rainy season from May to October, followed by a dry season from November to April. Local tradition holds that there are three seasons (rainy, cool and hot) as the latter two months of the climatologically defined dry season are noticeably hotter than the earlier four months.[61]
Laos is divided into 17 provinces (khoueng) and one prefecture (kampheng nakhon), which includes the capital city Vientiane (Nakhon Louang Viangchan).[62] A new province, Xaisomboun Province, was established on 13 December 2013.[63] Provinces are further divided into districts (muang) and then villages (ban). An "urban" village is essentially a town.[56]
1 Attapeu Attapeu (Samakkhixay District) 10,320 114,300
2 Bokeo Ban Houayxay (Houayxay District) 6,196 149,700
3 Bolikhamsai Paksan (Paksane District) 14,863 214,900
4 Champasak Pakse (Pakse District) 15,415 575,600
5 Houaphanh Xam Neua (Xamneua District) 16,500 322,200
6 Khammouane Thakhek (Thakhek District) 16,315 358,800
7 Luang Namtha Luang Namtha (Namtha District) 9,325 150,100
8 Luang Prabang Luang Prabang (Louangprabang District) 16,875 408,800
9 Oudomxay Muang Xay (Xay District) 15,370 275,300
10 Phongsaly Phongsali (Phongsaly District) 16,270 199,900
11 Sainyabuli Sayabouly (Xayabury District) 16,389 382,200
12 Salavan Salavan (Salavan District) 10,691 336,600
13 Savannakhet Savannakhet (Khanthabouly District) 21,774 721,500
14 Sekong Sekong (Lamarm District) 7,665 83,600
15 Vientiane Prefecture Vientiane (Chanthabouly District) 3,920 726,000
16 Vientiane Province Phonhong (Phonhong District) 15,927 373,700
17 Xiengkhouang Phonsavan (Pek District) 15,880 229,521
18 Xaisomboun Anouvong (Anouvong District) 8,300 82,000
An updated map of Lao provinces (from 2014)
General Secretary and President
The Lao People's Democratic Republic is one of the world's only socialist states openly endorsing communism. The only legal political party is the Lao People's Revolutionary Party (LPRP). With one-party state status of Laos, the General Secretary (party leader) holds ultimate power and authority over state and government and serves as the supreme leader.[46] The head of state is President Bounnhang Vorachith, who is also General Secretary of the Lao People's Revolutionary Party.[64]
The head of government is Prime Minister Thongloun Sisoulith, who is also a member of the Lao People's Revolutionary Party's Politburo. Government policies are determined by the party through the all-powerful eleven-member Politburo of the Lao People's Revolutionary Party and the 61-member Central Committee of the Lao People's Revolutionary Party.
Laos's first French-written and monarchical constitution was promulgated on 11 May 1947, and declared Laos an independent state within the French Union. The revised constitution of 11 May 1957 omitted reference to the French Union, though close educational, health and technical ties with the former colonial power persisted. The 1957 document was abrogated in December 1975, when a communist people's republic was proclaimed. A new constitution was adopted in 1991 and enshrined a "leading role" for the LPRP.[46]
Flag of the ruling Lao People's Revolutionary Party
The National Assembly, which essentially acts as a rubber stamp for the LPRP, approves all new laws, although the executive branch retains authority to issue binding decrees.
On 17 May 2014, Defense Minister and Deputy Prime Minister Douangchay Phichit was killed in a plane crash, along with other top ranking officials.[65] The officials were to participate in a ceremony to mark the liberation of the Plain of Jars from the former Royal Lao government forces.[66] Their Russian-built Antonov AN 74-300 with 20 people on board crashed in Xiengkhouang Province.[67]
Hmong conflict
Some Hmong groups fought as CIA-backed units on the royalist side in the Laotian Civil War. After the Pathet Lao took over the country in 1975, the conflict continued in isolated pockets. In 1977, a communist newspaper promised the party would hunt down the "American collaborators" and their families "to the last root".[68] As many as 200,000 Hmong went into exile in Thailand, with many ending up in the U.S. Other Hmong fighters hid out in mountains in Xiangkhouang Province for many years, with a remnant emerging from the jungle in 2003.[68]
In 1989, the United Nations High Commissioner for Refugees (UNHCR), with the support of the U.S. government, instituted the Comprehensive Plan of Action, a programme to stem the tide of Indochinese refugees from Laos, Vietnam, and Cambodia. Under the plan, refugee status was evaluated through a screening process. Recognised asylum seekers were given resettlement opportunities, while the remaining refugees were to be repatriated under guarantee of safety. After talks with the UNHCR and the Thai government, Laos agreed to repatriate the 60,000 Lao refugees living in Thailand, including several thousand Hmong people. Very few of the Lao refugees, however, were willing to return voluntarily.[69] Pressure to resettle the refugees grew as the Thai government worked to close its remaining refugee camps. While some Hmong people returned to Laos voluntarily, with development assistance from UNHCR, allegations of forced repatriation surfaced.[70] Of those Hmong who did return to Laos, some quickly escaped back to Thailand, describing discrimination and brutal treatment at the hands of Lao authorities.[71]
Hmong girls in Laos, 1973
In 1993, Vue Mai, a former Hmong soldier and leader of the largest Hmong refugee camp in Thailand, who had been recruited by the U.S. Embassy in Bangkok to return to Laos as proof of the repatriation programme's success, disappeared in Vientiane. According to the U.S. Committee for Refugees, he was arrested by Lao security forces and was never seen again.[72] Following the Vue Mai incident, debate over the Hmong's planned repatriation to Laos intensified greatly, especially in the United States, where it drew strong opposition from many American conservatives and some human rights advocates. In a 23 October 1995 National Review article, Michael Johns, the former Heritage Foundation foreign policy expert and Republican White House aide, labelled the Hmong's repatriation a Clinton administration "betrayal", describing the Hmong as a people "who have spilled their blood in defense of American geopolitical interests".[73] Debate on the issue escalated quickly. In an effort to halt the planned repatriation, the Republican-led U.S. Senate and House of Representatives both appropriated funds for the remaining Thailand-based Hmong to be immediately resettled in the United States; Clinton, however, responded by promising a veto of the legislation.[]
In their opposition of the repatriation plans, Democratic and Republican Members of Congress challenged the Clinton administration's position that the government of Laos was not systematically violating Hmong human rights. U.S. Representative Steve Gunderson, for instance, told a Hmong gathering: "I do not enjoy standing up and saying to my government that you are not telling the truth, but if that is necessary to defend truth and justice, I will do that."[73] Republicans called several Congressional hearings on alleged persecution of the Hmong in Laos in an apparent attempt to generate further support for their opposition to the Hmong's repatriation to Laos.
Although some accusations of forced repatriation were denied,[74] thousands of Hmong people refused to return to Laos. In 1996 as the deadline for the closure of Thai refugee camps approached, and under mounting political pressure, the United States agreed to resettle Hmong refugees who passed a new screening process.[75] Around 5,000 Hmong people who were not resettled at the time of the camp closures sought asylum at Wat Tham Krabok, a Buddhist monastery in central Thailand where more than 10,000 Hmong refugees had already been living. The Thai government attempted to repatriate these refugees, but the Wat Tham Krabok Hmong refused to leave and the Lao government refused to accept them, claiming they were involved in the illegal drug trade and were of non-Lao origin.[76] Following threats of forcible removal by the Thai government, the United States, in a significant victory for the Hmong, agreed to accept 15,000 of the refugees in 2003.[77] Several thousand Hmong people, fearing forced repatriation to Laos if they were not accepted for resettlement in the United States, fled the camp to live elsewhere within Thailand where a sizeable Hmong population has been present since the 19th century.[78] In 2004 and 2005, thousands of Hmong fled from the jungles of Laos to a temporary refugee camp in the Thai province of Phetchabun.[79]
Lending further support to earlier claims that the government of Laos was persecuting the Hmong, filmmaker Rebecca Sommer documented first-hand accounts in her documentary, Hunted Like Animals,[80] and in a comprehensive report that includes summaries of refugee claims and was submitted to the UN in May 2006.[81]
The European Union,[82] UNHCHR, and international groups have since spoken out about the forced repatriation.[82][83][84][85] The Thai foreign ministry has said that it will halt deportation of Hmong refugees held in Detention Centres in Nong Khai, while talks are underway to resettle them in Australia, Canada, the Netherlands and the United States.[86] Plans to resettle additional Hmong refugees in the United States were stalled by provisions of President George W. Bush's Patriot Act and Real ID Act, under which Hmong veterans of the Secret War, who fought on the side of the United States, are classified as terrorists because of their historical involvement in armed conflict.[87]
Human rights violations remain a significant concern in Laos.[88][89] In The Economist's Democracy Index 2016 Laos was classified as an "authoritarian regime", ranking lowest of the nine ASEAN nations included in the study.[90][91] Prominent civil society advocates, human rights defenders, political and religious dissidents, and Hmong refugees have disappeared at the hands of Lao military and security forces.[92]
Ostensibly, the Constitution of Laos that was promulgated in 1991 and amended in 2003 contains most key safeguards for human rights. For example, Article 8 makes it clear that Laos is a multinational state and is committed to equality between ethnic groups. The constitution also contains provisions for gender equality, freedom of religion, freedom of speech, and freedom of press and assembly.[93] On 25 September 2009, Laos ratified the International Covenant on Civil and Political Rights, nine years after signing the treaty. The stated policy objectives of both the Lao government and international donors remain focused upon achieving sustainable economic growth and poverty reduction.[94][95]
However, the government of Laos frequently breaches its own constitution and the rule of law, since the judiciary and judges are appointed by the ruling communist party. According to independent non-profit/non-governmental organizations (NGOs) such as Amnesty International,[96]Human Rights Watch,[97] and Civil Rights Defenders,[98] along with the U.S. State Department,[99] serious human rights violations such as arbitrary detentions, disappearances, free speech restrictions, prison abuses and other violations are an ongoing problem. Amnesty International raised concerns about the ratification record of the Lao government on human rights standards and its lack of co-operation with the UN human rights mechanisms and legislative measures--both impact negatively upon human rights.[89] The organisation also raised concerns in relation to freedom of expression, poor prison conditions, restrictions on freedom of religions, protection of refugees and asylum-seekers, and the death penalty.[96]
In October 1999, 30 young people were arrested for attempting to display posters calling for peaceful economic, political and social change in Laos. Five of them were arrested and subsequently sentenced to up to 10 years imprisonment on charges of treason. They should have been released by October 2009, but their whereabouts remain unknown.[96] Later reports have contradicted this, claiming they were sentenced to 20 years in prison.[100] In late February 2017, two of those imprisoned were finally released after 17 years.[101]
Laos and Vietnamese (SRV) troops were reported to have raped and killed four Christian Hmong women in Xiangkhouang Province in 2011, according to the US-based non-governmental public policy research organization The Centre for Public Policy Analysis, which also said other Christian and independent Buddhist and animist believers were being persecuted.[102][103]
Human rights advocates including Vang Pobzeb, Kerry and Kay Danes, and others have also raised concerns about human rights violations, torture, the arrest and detention of political prisoners as well as the detention of foreign prisoners in Laos including at the infamous Phonthong Prison in Vientiane..[]
According to estimates, around 300,000 people fled to Thailand as a consequence of governmental repressions. Amongst them, 100,000 Hmongs, that is 30% of the whole ethnicity, and 90% of all of Laos' intellectuals, specialists, and officials. Moreover, 130,000 deaths can be attributed to the civil war.[104] Laos is an origin country for sexually trafficked persons.[105] A number of citizens, primarily women and girls from all ethnic groups and foreigners, have been victims of sex trafficking in Laos.[106][107][108]
Prime Minister Thongloun Sisoulith with Indian Prime Minister Narendra Modi and ASEAN heads of state in New Delhi on 25 January 2018
The foreign relations of Laos after the takeover by the Pathet Lao in December 1975 were characterised by a hostile posture toward the West, with the government of the Lao People's Democratic Republic aligning itself with the Soviet Bloc, maintaining close ties with the Soviet Union and depending heavily on the Soviets for most of its foreign assistance.[109] Laos also maintained a "special relationship" with Vietnam and formalised a 1977 treaty of friendship and cooperation that created tensions with China.[]
Prime Minister Thongloun Sisoulith with Russian President Vladimir Putin in 2016
Laos's emergence from international isolation has been marked through improved and expanded relations with other nations such as Pakistan, Saudi Arabia, China, Turkey, Australia, France, Japan, and Sweden.[110]Trade relations with the United States were normalised in November 2004 through Congress approved legislation.[111] Laos was admitted into the Association of Southeast Asian Nations (ASEAN) in July 1997 and acceded to the World Trade Organization in 2016.[112] In 2005 it attended the inaugural East Asia Summit.[113]
About 80% of the Laotian population practises subsistence agriculture.
The Lao economy depends on investment and trade with its neighbors, Thailand, Vietnam, and, especially in the north, China. Pakxe has also experienced growth based on cross-border trade with Thailand and Vietnam. In 2009, despite the fact that the government is still officially communist, the Obama administration in the U.S. declared Laos was no longer a Marxist-Leninist state and lifted bans on Laotian companies receiving financing from the U.S. Export-Import Bank.[114][115]
In 2016, China was the biggest foreign investor in Laos's economy, having invested in US$5.395 billion since 1989, according to Laos Ministry of Planning and Investment 1989-2014 report. Thailand (invested US$4.489 billion) and Vietnam (invested US$3.108 billion) are the second and third largest investors respectively.[116] The economy receives development aid from the International Monetary Fund, Asian Development Bank, and other international sources; and also foreign direct investment for development of the society, industry, hydropower and mining (most notably of copper and gold).
Subsistence agriculture still accounts for half of the GDP and provides 80% of employment. Only 4% of the country is arable land and a mere 0.3% used as permanent crop land,[117] the lowest percentage in the Greater Mekong Subregion.[118] The irrigated areas under cultivation account for only 28% of the total area under cultivation which, in turn, represents only 12% of all of the agricultural land in 2012.[119] Rice dominates agriculture, with about 80% of the arable land area used for growing rice.[120] Approximately 77% of Lao farm households are self-sufficient in rice.[121] Laos may have the greatest number of rice varieties in the Greater Mekong Subregion. The Lao government has been working with the International Rice Research Institute of the Philippines to collect seed samples of each of the thousands of rice varieties found in Laos.[122]
Morning market in Vientiane
Laos is rich in mineral resources and imports petroleum and gas. Metallurgy is an important industry, and the government hopes to attract foreign investment to develop the substantial deposits of coal, gold, bauxite, tin, copper, and other valuable metals. The mining industry of Laos has received prominent attention with foreign direct investments. This sector has made significant contributions to the economic condition of Laos. More than 540 mineral deposits of gold, copper, zinc, lead and other minerals have been identified, explored and mined.[123] In addition, the country's plentiful water resources and mountainous terrain enable it to produce and export large quantities of hydroelectric energy. Of the potential capacity of approximately 18,000 megawatts, around 8,000 megawatts have been committed for exporting to Thailand and Vietnam.[124]
In 2018, the country ranked 139th on the Human Development Index (HDI), indicating medium development.[125] According to the Global Hunger Index (2018), Laos ranks as the 36th hungriest nation in the world out of the list of the 52 nations with the worst hunger situation(s).[126] In 2019, the UN Special Rapporteur on extreme poverty and human rights conducted an official visit to Laos and found that the country's top-down approach to economic growth and poverty alleviation "is all too often counterproductive, leading to impoverishment and jeopardizing the rights of the poor and marginalised."[127]
The country's most widely recognised product may well be Beerlao, which in 2017 was exported to more than 20 countries worldwide. It is produced by the Lao Brewery Company.[128]
Near the sanctuary on the main upper level of Vat Phou, looking back towards the Mekong River
The tourism sector has grown rapidly, from 80,000 international visitors in 1990, to 1.876 million in 2010.[129] Tourism is expected to rise to US$1.5857 billion by 2020. In 2010, one in every 11 jobs was in the tourism sector. Export earnings from international visitors and tourism goods are expected to generate 16% of total exports or US$270.3 million in 2010, growing in nominal terms to US$484.2 million (12.5% of the total) in 2020.[130] The European Council on Trade and Tourism awarded the country the "World Best Tourist Destination" designation for 2013 for architecture and history.[131]
Luang Prabang and Vat Phou are both UNESCO World Heritage sites. Major festivals include Lao New Year celebrated around 13-15 April and involves a water festival similar but more subdued than that of Thailand and other Southeast Asian countries.
The Lao National Tourism Administration, related government agencies and the private sector are working together to realise the vision put forth in the country's National Ecotourism Strategy and Action Plan. This includes decreasing the environmental and cultural impact of tourism; increasing awareness in the importance of ethnic groups and biological diversity; providing a source of income to conserve, sustain and manage the Lao protected area network and cultural heritage sites; and emphasizing the need for tourism zoning and management plans for sites that will be developed as ecotourism destinations.[132]
Rivers are an important means of transport in Laos.
The main international airports are Vientiane's Wattay International Airport and Luang Prabang International Airport with Pakse International Airport also having a few international flights. The national carrier is Lao Airlines. Other carriers serving the country include Bangkok Airways, Vietnam Airlines, AirAsia, Thai Airways, China Eastern Airlines and SilkAir.
Much of Laos lacks adequate infrastructure. Laos has no railways, except a short link to connect Vientiane with Thailand over the Thai-Lao Friendship Bridge. A short portage railway, the Don Det-Don Khon narrow gauge railway was built by the French in Don Det and Don Khon in Champasak Province but has been closed since the 1940s. In the late 1920s, work began on the Thakhek-Tan Ap railway that would have run between Thakhek, Khammouane Province and Tân ?p station in Vietnam through the M? Gi? Pass. The scheme was aborted in the 1930s. The major roads connecting the major urban centres, in particular Route 13, have been significantly upgraded in recent years, but villages far from major roads can be reached only through unpaved roads that may not be accessible year-round.
There is limited external and internal telecommunication, but mobile phones have become widespread in urban centres. In many rural areas electricity is at least partly available. Songthaews (pick-up trucks with benches) are used in the country for long-distance and local public transport.
According to the World Bank data conducted in 2014, Laos has met the Millennium Development Goal (MDG) targets on water and sanitation regarding UNICEF/WHO Joint Monitoring Programme. However, as of 2018, there are approximately 1.9 million Lao population could not access to improved water supply and 2.4 million people without access to improved sanitation.[133]
Laos has made particularly noteworthy progress increasing access to sanitation.[134] Laos's predominantly rural[135] population makes investing in sanitation difficult. In 1990 only 8% of the rural population had access to improved sanitation.[134] Access rose rapidly from 10 percent in 1995 to 38 percent in 2008. Between 1995 and 2008 approximately 1,232,900 more people had access to improved sanitation in rural areas.[134] Laos's progress is notable in comparison to similar developing countries.[134] The authorities in Laos have recently developed an innovative regulatory framework for public-private partnership contracts signed with small enterprises, in parallel with more conventional regulation of state-owned water enterprises.[136]
The term "Laotian" does not necessarily refer to the Lao language, ethnic Lao people, language or customs. It is a political term that includes the non-ethnic Lao groups within Laos and identifies them as "Laotian" because of their political citizenship. Laos has the youngest population of any country in Asia with a median age of 21.6 years.[137]
Laos's population was estimated at 7.45 million in 2020, dispersed unevenly across the country. Most people live in valleys of the Mekong River and its tributaries. Vientiane prefecture, the capital and largest city, had about 683,000 residents in 2020.[137]
Largest cities or towns in Laos
http://www.geonames.org/LA/largest-cities-in-laos.html
Savannakhet 1 Vientiane Vientiane 820,940
2 Savannakhet Savannakhet 120,000
3 Pakxe Champasak 119,848
4 Thakhek Khammouane 85,000
5 Luang Prabang Luang Prabang 55,027
6 Xam Neua Houaphanh 46,800
7 Phonsavan Xianghouang 37,507
8 Muang Pakxan Bolikhamsai 27,404
9 Vang Vieng Vientiane 25,000
10 Muang Xai Oudomxay 25,000
The people of Laos are often categorised by their distribution by elevation: (lowlands, midlands and upper high lands) as this somewhat correlates with ethnic groupings. More than half of the nation's population is ethnic Lao--the principal lowland inhabitants, and the politically and culturally dominant people of Laos.[138] The Lao belong to the Tai linguistic group[139] who began migrating south from China in the first millennium CE.[140] Ten percent belong to other "lowland" groups, which together with the Lao people make up the Lao Loum (lowland people).[138]
In the central and southern mountains, Mon-Khmer-speaking groups, known as Lao Theung or mid-slope Laotians, predominate. Other terms are Khmu, Khamu (Kammu) or Kha as the Lao Loum refer to them to indicate their Austroasiatic language affiliation. However, the latter is considered pejorative, meaning 'slave'. They were the indigenous inhabitants of northern Laos. Some Vietnamese, Laotian Chinese[141] and Thai minorities remain, particularly in the towns, but many left after independence in the late 1940s, many of whom relocated either to Vietnam, Hong Kong, or to France. Lao Theung constitute about 30% of the population.[142]
Hill people and minority cultures of Laos such as the Hmong, Yao (Mien) (Hmong-Mien), Dao, Shan, and several Tibeto-Burman speaking peoples have lived in isolated regions of Laos for many years. Mountain/hill tribes of mixed ethno/cultural-linguistic heritage are found in northern Laos, which include the Lua and Khmu people who are indigenous to Laos. Collectively, they are known as Lao Soung or highland Laotians. Lao Soung account for about 10% of the population.[45]
The official and majority language is Lao, a language of the Tai-Kadai language family. However, only slightly more than half of the population speaks Lao natively. The remainder, particularly in rural areas, speak ethnic minority languages. The Lao alphabet, which evolved sometime between the 13th and 14th centuries, was derived from the ancient Khmer script and is very similar to Thai script.[143] Languages like Khmu (Austroasiatic) and Hmong (Hmong-Mien) are spoken by minorities, particularly in the midland and highland areas. A number of Laotian sign languages are used in areas with high rates of congenital deafness.[45]
French is still commonly used in government and commerce. Over a third of Laos's students are educated through the medium of French, with French being compulsory for all other students. Throughout the country signage is bilingual in Lao and French, with French being predominant. English, the language of the Association of Southeast Asian Nations (ASEAN), has become increasingly studied in recent years.[144] It is also a member of the French organisation La Francophonie.
Pha That Luang in Vientiane. The Buddhist stupa that is a national symbol of Laos.
Sixty-six percent of Laotians were Theravada Buddhist, 1.5 percent Christian, 0.1 percent Muslim, 0.1 percent Jewish, and 32.3 percent were other or traditional (mostly practitioners of Satsana Phi) in 2010.[145][146] Buddhism has long been one of the most important social forces in Laos. Theravada Buddhism has coexisted peacefully since its introduction to the country with the local polytheism.[45]
Mahosot Hospital in Vientiane.
Male life expectancy at birth was at 62.6 years and female life expectancy was at 66.7 years in 2017.[146] Healthy life expectancy was 54 years in 2007.[147] Government expenditure on health is about four percent of GDP,[147] about US$18 (PPP) in 2006.[147]
National University of Laos in Vientiane.
The adult literacy rate exceeds two thirds.[148] The male literacy rate exceeds the female literacy rate.[147] The total literacy rate is 73% (2010 estimate). In 2004 the net primary enrollment rate was at 84%.[147] The National University of Laos is the Lao state's public university. As a low-income country, Laos faces a brain-drain problem as the most educated people migrate to developed countries; it is estimated that about 37% of educated Laotians live outside of Laos.[149]
An example of Lao cuisine
Lao women wearing sinhs
Lao dancers during the New Year celebration
Theravada Buddhism is a dominant influence in Lao culture. It is reflected throughout the country from language to the temple and in art, literature, and performing arts. Many elements of Lao culture predate Buddhism, however. For example, Laotian music is dominated by its national musical instrument, the khaen, a type of bamboo pipe that has prehistoric origins. The khaen traditionally accompanied the singer in lam, the dominant style of folk music.
Sticky rice is a staple food and has cultural and religious significance to the Lao people. Sticky rice is generally preferred over jasmine rice, and sticky rice cultivation and production is thought to have originated in Laos. There are many traditions and rituals associated with rice production in different environments and among many ethnic groups. For example, Khammu farmers in Luang Prabang plant the rice variety Khao Kam in small quantities near the hut in memory of dead parents, or at the edge of the rice field to indicate that parents are still alive.[150]
Sinh is a traditional garment worn by Laotian women in daily life. It is a hand-woven silk skirt that can identify the woman who wears it in a variety of ways.
Since the founding of the Lao PDR in 1975, very few films have been made in Laos.[151] The first feature-length film made after the monarchy was abolished is Gun Voice from the Plain of Jars, directed by Somchith Pholsena in 1983, although its release was prevented by a censorship board.[152] One of the first commercial feature-length films was Sabaidee Luang Prabang, made in 2008.[153] The 2017 documentary feature film Blood Road was predominantly shot and produced in Laos with assistance from the Lao government, it was recognized with a News and Documentary Emmy Award in 2018.[154]
Australian filmmaker Kim Mordount's first feature film was made in Laos and features a Laotian cast speaking their native language. Entitled The Rocket, the film appeared at the 2013 Melbourne International Film Festival and won three awards at the Berlin International Film Festival.[155] One production company's film that has succeeded to produce Lao feature films and gain international recognition is Lao New Wave Cinema's At the Horizon, directed by Anysay Keola, that was screened at the OzAsia Film Festival[156] and Lao Art Media's Chanthaly (Lao) directed by Mattie Do, which was screened at the 2013 Fantastic Fest.[157][158] In September 2017, Laos submitted Dearest Sister (Lao), Mattie Do's second feature film, to the 90th Academy Awards (or the Oscars) for consideration for Best Foreign Language Film, marking the country's first submission for the Oscars.[159]
As of 2018, Laos has three operating theatres dedicated to showing films.[160]
There are some public holidays, festivities and ceremonies in Laos.
Hmong New Year (Nopejao)
Bun Pha Wet
Boun Khoun Khao
Boun Pimai
Visakha Puja
Pi Mai/Songkran(Lao New Year)
Khao Phansaa
Haw Khao Padap Din
Awk Phansaa
Bun Nam
Lao National Day (2 December)[161][162]
All newspapers are published by the government, including two foreign language papers: the English-language daily Vientiane Times and the French-language weekly Le Rénovateur. Additionally, the Khao San Pathet Lao, the country's official news agency, publishes English and French versions of its eponymous paper. Laos has nine daily newspapers, 90 magazines, 43 radio stations, and 32 TV stations operating throughout the country. As of 2011[update], Nhân Dân (The People) and the Xinhua News Agency are the only foreign media organisations permitted to open offices in Laos--both opened bureaus in Vientiane in 2011.[163]
The Lao government controls all media channels to prevent critique of its actions.[164] Lao citizens who have criticised the government have been subjected to enforced disappearances, arbitrary arrests and torture.[165][166]
Polygamy is officially a crime in Laos, though the penalty is minor. The constitution and Family Code bar the legal recognition of polygamous marriages, stipulating that monogamy is the principal form of marriage in the country.[167] Polygamy, however, is still customary among some Hmong people.[168]
New Laos National Stadium in Vientiane.
The martial art of muay Lao, the national sport,[169] is a form of kickboxing similar to Thailand's muay Thai, Burmese Lethwei and Cambodian Pradal Serey.[170]
Association football is the most popular sport in Laos.[171] The Lao League is the top professional league for association football clubs in the country.[172] Since the start of the league, Lao Army F.C. has been the most successful club with 8 titles, the highest number of championship wins.[173]
Laos has no tradition in other team sports. In 2017, the country sent a team for the first time to the team events at the Southeast Asian Games. The national basketball team competed at the 2017 Southeast Asian Games where it beat Myanmar in the eighth place game.[174]
Laos portal
Drug policy in Laos
Laos Memorial
Outline of Laos
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^ Bounchao Pichit, "Laos Cinema," in David Hanan, ed., Film in South East Asia: Views from the Region, Hanoi, Vietnam Film Institute, 2001, 83-91.
^ Southiponh, Som Ock; Gerow, Aaron (1999). "Starting an Asian Cinema: Laos Past and Present". Documentary Box. Yamagata International Documentary Film Festival. 12: 27. Retrieved 2019.
^ Buncomb, Andrew (10 June 2010). "Good Good Morning, Luang Prabang - and hello to Laos's film industry". The Independent. Retrieved 2014.
^ Blood Road, retrieved 2020
^ "Q&A with director Kim Mordaunt (The Rocket)". Melbourne International Film Festival. MIFF. August 2013. Archived from the original on 5 October 2013.
^ Catt, Georgia (22 August 2012). "A tale of revenge in Laos challenges censors". BBC News. Retrieved 2014.
^ "Chanthaly". Fantastic Fest. 2013. Retrieved 2014.
^ Marsh, James (26 September 2013). "Fantastic Fest 2013 Review: Chanthaly is A Haunting Portrait of Modern Day Laos". ScreenAnarchy. Archived from the original on 28 October 2020. Retrieved 2021.
^ Frater, Patrick (19 September 2017). "Laos Selects 'Dearest Sister' as First Foreign-Language Oscar Submission". Variety. Retrieved 2017.
^ Brzeski, Patrick (9 May 2018). "Cannes: Southeast Asia Is Ready for Its Big-Screen Close-up". The Hollywood Reporter. Valence Media. Retrieved 2019.
^ "Laos'un Festivalleri". Gezimanya (in Turkish). 11 November 2016. Retrieved 2018.
^ "Laos Festivals & Events". visit-laos.com. Retrieved 2018.
^ Bureau, Mines; Department, Interior; Survey, Geological (15 May 2015). Minerals Yearbook: Area Reports: International Review 2012 Asia and the Pacific. Government Printing Office. ISBN 978-1-4113-3676-6.
^ "Laos: Crony scheme in control of press and civil society". index on censorship.
^ "2012 Human Rights Reports: Laos". State.gov. Retrieved 2014.
^ "Off the air in Laos". Asia Times Online. Retrieved 2014.
^ "Social Discrimination in the Lao People's Democratic Republic" (PDF). Retrieved 2019.
^ "Lao PDR: Family Code". Genderindex.org. Archived from the original on 9 March 2011.
^ Graceffo. "Muay Lao, the forgotten art of kickboxing". GoAbroad Network. Archived from the original on 15 April 2018.
^ Thailand - Sports and recreation. Encyclopædia Britannica.
^ Fuller, Thomas (5 October 2009). "Laos Stumbles on Path to Sporting Glory". The New York Times. Retrieved 2020.
^ "Lao League". laoleague.com. Retrieved 2020.
^ "Laos - List of Champions". RSSSF. Retrieved 2020.
^ FIBA LiveStats, FIBA.com, accessed 24 August 2017.
Laos at Curlie
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Home » Air Transport » S7 Airlines expands fleet with six Boeing 737-800s
S7 Airlines expands fleet with six Boeing 737-800s
Posted on April 1st, 2016 by Russian Aviation Insider in Air Transport, Russia, Trending
S7's new 737s feature Sky Interior cabins (Photo by Fyodor Borisov / transport-phto.com)
S7 Group, made up of S7 Airlines and Globus, has announced a fleet expansion of six Boeing 737-800s. The new aircraft will be operated by Globus. The airline has recently taken delivery of the first four aircraft, while the other two are currently being painted at S7 Engineering’s facility in Mineralnye Vody. All of the aircraft have been acquired on the terms of operational leasing, and will enter service in April.
The aircraft are equipped with 172 seats in two-class configuration (8 seats in business and 164 in economy class). The cabins feature Sky Interior lighting.
S7 Group’s director for strategy Igor Veretennikov explained that the fleet expansion was required to support the airline’s growing route network and increasing frequencies on routes to over 40 destinations. “Within the summer schedule we are starting flights to Berlin, Dusseldorf, Malaga, Rhodes and other destinations. We are also launching direct connections between Novosibirsk and major cities in Siberia, the Far East and the south of Russia. S7 Airlines is also increasing frequencies on a number of routes from Moscow. We’ll be operating 12 daily flights to St. Petersburg and seven to Simferopol.”
The aircraft cabin configuration presumes that the new Boeing 737-800s will be operated mainly on the most profitable international routes. At the end of February, S7’s international traffic grew 5.3% YOY to 184,700 passengers, whereas Russian carriers’ cumulative international traffic declined 18.9%. S7’s domestic traffic grew 25.2% to 582,200 passengers, against the average domestic traffic growth of 15.3%.
With the new aircraft, S7 Airlines’ fleet consists of 64 aircraft: 19 Boeing 737-800s and 43 Airbus A320 family aircraft.
Uzbekistan Airways receives a Boeing 767 full-flight simulator
Kazakhstan start-up FlyArystan takes delivery of its first A320
Russia’s carriers transported close to 100 million passengers in the first nine months of 2019
SCAT Airlines moving its Moscow flights to Vnukovo
Kazakhstan’s Air Astana introduces summer schedule
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Home > Research > Researchers > Dr Wlodek Tych > Publications
Dr Wlodek Tych
A non-minimal state variable feedback approach to multivariable control of glasshouse climate.
Lees, M. J., Young, P. C., Chotai, A. & Tych, W., 1995, In : Transactions of the Institute of Measurement and Control. 17, 4, p. 200-211 12 p.
Computer aided control system design of PIP controllers for systems described by delta operator and backward shift models.
Tych, W., Young, P. C., Chotai, A. & Lees, M. J., 1994, p. 1277-1284. 8 p.
Modelling and PIP control of a glasshouse micro-climate.
Young, P. C., Lees, M. J., Chotai, A., Tych, W. & Chalabi, Z. S., 1994, In : Control Engineering Practice. 2, 4, p. 591-604 14 p.
Identification, estimation and true digital control of glasshouse systems.
Young, P. C., Chotai, A. & Tych, W., 1993, The computerized greenhouse : automatic control application in plant production. Hashimoto, Y. (ed.). Academic Press, p. 3-50 48 p.
True digital CACSD package in Matlab/Simulab environment.
Tych, W., Young, P. C. & Chotai, A., 1992, In : IEE Colloquium Digest on Computer Aided Control Systems Design, Algorithms, Packages and Environments. 1992, 4, p. 3/1-3/9
Adaptive true digital control (TDC) of continuous-time systems using -operator models.
Young, P. C., Chotai, A. & Tych, W., 1991, Identification and system parameter estimation. Banyasz, C. & Keviczky, L. (eds.). Oxford: Pergamon Press, p. 1166-1173 8 p.
Computer aided design package for true digital control (TDC) systems.
Tych, W., Chotai, A. & Young, P. C., 1991, Control 1991 : International Conference on Control '91. IEEE, p. 288-293 6 p.
Identification, estimation and control of continuous-time systems described by delta operator models.
Young, P. C., Chotai, A. & Tych, W., 1991, Identification of continuous time systems. Sinha, N. K. & Rao, G. P. (eds.). Dordrecht: Kluwer Academic Publishers, p. 363-418 56 p.
Identification, estimation and control of glasshouse systems.
Young, P. C., Tych, W. & Chotai, A., 1991, Mathematical and Control Applications in Agriculture and Horticulture. Hashimoto, Y. & Day, W. (eds.). Oxford: Pergamon Press, p. 307-316 10 p.
TDC : a computer aided control design package for true digital control.
Tych, W., Young, P. C. & Chotai, A., 1991, Computer aided design in control systems. Barker, H. A. (ed.). Oxford: Pergamon Press, p. 454-459 6 p.
Response properties of neurons in the inferior colliculus of the guinea-pig.
Popelar, J., Syka, J., Dobrzanska, J., Pacut, A. & Tych, W., 1982, In : Acta Neurobiologiae Experimentalis. 42, 4-5, p. 299-310 12 p.
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Culture of Corruption in Pakistan
Rampant corruption is believed to be a major factor impeding economic development in Pakistan and many other developing nations.
Is this corruption and lawlessness rooted in the absence of adequate law enforcement, or the lack of independent judges? Or is it a national culture of corruption that ranks such nations among the most corrupt in the world on Transparency International surveys?
A paper titled "Cultures of Corruption: Evidence from Diplomatic Parking Tickets" by Ray Fisman of Columbia University and Edward Miguel of University of California, Berkeley attempts to answer the above question by using parking violations data on international diplomats living in New York City during 1997-2005.
Since all foreign diplomats have immunity from prosecution in the host country, they do not have to pay fines for any parking violations in New York City. The authors argue that the way the diplomats from different nations behave in such a situation is entirely based on the cultural norms of the nations they represent.
The data presented by the authors shows that Pakistani diplomats with 69.4 tickets per diplomat are the tenth worst offenders, behind those from Kuwait (246.2), Egypt (139.6), Chad (124.3), Sudan (119.1), Bulgaria (117.5), Mozambique (110.7), Albania (84.5), Angola (81.7) and Senegal (79.2). The authors also report that diplomats from low corruption countries (e.g., Norway and Sweden with zero parking citations) behave remarkably well even in situations where they can get away with violations, suggesting that they bring the social norms or corruption “culture” of their home country with them to New York City. Others with no parking violations include diplomats from Oman, Turkey and UAE.
In addition to a strong correlation between number of parking tickets and TI's corruption index, Fisman and Miguel also find that officials from countries that have less favorable popular views of the United States commit significantly more parking violations, providing nonlaboratory evidence on the role that sentiment and affinity play in economic decision-making.
With 69.4 tickets for each official ranking them at number 10, Pakistani diplomats in New York are also the worst among fellow South Asian diplomats. Bangladeshi diplomats rank 28 (33 tickets), Sri Lanka ranked 40 (17.2 tickets), Nepal ranked 43 (16.5 tickets) and India ranks 79 (6.1 violations per diplomat).
Going by the highly persuasive data and arguments by Fisman and Miguel, it is hard to see how better law-enforcement and independent judiciary can solve the highly corrosive problem of widespread corruption in Pakistani society, unless it is also accompanied by a national campaign to promote a culture of honesty in the country. Such an effort must begin with open acknowledgment of the seriousness of the corruption crisis and an earnest desire to change, followed by wide-ranging ethics reforms in all spheres of life which are actively role-modeled and led by civil, social, political, business, military and religious leaders of the country.
Pakistani Judges' Jihad Against Corruption
Incompetence and Corruption in Pakistan
Zardari Corruption Probe
NRO Amnesty Order Overturned
Transparency International Rankings 2009
Transparency International Corruption Index 2010
Labels: Corruption, Diplomats, Immunity, New York City, Parking
I think there is a bias against Pakistan in Western Media. Pakistan is better than India in reality.
Liaquat said...
"My feeling is that it was all a hoax, a drama which has been crafted, and badly scripted I would say. "But they shouldn't make a scapegoat of Pakistan in this way. This is very wrong." - Hamid Gul. He said this on TV. OBL was killed in Afghanistan and brought to Abbotabad to make the very good Military and Pakistan look bad.
I was in Pakistan recently and people are worried that foreign forces like RAW of India and CIA in America are working together to destroy our nuclear weapons by supporting Pakistan Taliban.
This corruption business is all their agenda because there is corruption even in America. Corruption in India is worst just like their poverty as you can see in your video.
Pakistani people still keep working hard inshallah.
Irfan and Liaquat:
Denial is not the right answer.
Unless Pakistanis acknowledge the existence of serious problems of corruption, incompetence and terrorism in their midst, there can be no progress toward solutions.
The sooner it is done, the better it is for average Pakistanis who are suffering the most from the current multiple crises.
Corruption is also rampant in the US, both within the military and the politicians. It will be good if you shoot them down as well. Best if you tabulate PK v. US along those lines.
iqbal singh said...
@ Irfan :
"I think there is a bias against Pakistan in Western Media. Pakistan is better than India in reality."
If Pakistan focuses on itself or had focused on itself it would not be in this predicament today. If I can paraphrase Golda Meier 'Pakistan loves itself but hates India even more'.
The only genuine cohesive force in Pakistan that keeps it going is the universal dislike and hatred of India.
All other problems including CORRUPTION is secondary!
http://nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/31-May-2011/Govt-misses-all-major-economic-targets
corruption is one reason that lead us to this situation that we are bing declared as a failed state. people who have authority are buty in collecting more and more wealth with the net of corruption and those who are still clean are either waiting for the opportunity or been dumb enough to utilize it. thats the reality, bitter tough.
Here's a BBC report on corruption in India that parallels the experience of many ordinary Pakistanis in their daily lives:
Imagine if you had to pay a bribe to see your newborn baby, get your water supply connected or obtain your driving licence. It's an everyday fact of life in India - but campaigners are now fighting back, using people power and the internet.
"Uncover the market price of corruption," proclaims the banner on the homepage of ipaidabribe.com.
It invites people to share their experiences of bribery, what a bribe was for, where it took place and how much was involved.
Launched in August, the site gives Indians a chance to vent their frustrations anonymously and shine a spotlight on the impact of corruption on everyday life.
"I did the driving test correctly but still the official said I was driving too slow, I realised his intention so gave him 200 Rupees and got the thing done," is a typical example of a posting.
The website was the brainwave of Ramesh and Swati Ramanathan, founders of a not-for-profit organisation in Bangalore called Janaagraha which literally means "people power".
"Bribery is routinely expected in interactions with government officials", Swati Ramanathan told me, "to register your house, to get your driving licence, domestic water connection, even a death certificate."
Having lived in the US and the UK for several years, they were dismayed on their return to see how widespread corruption had become and decided to do something about it.
"We are all also responsible because we end up paying the darn bribes because otherwise you can never get anything done in India.
"We said, 'It's not enough to moralise, we need to find out what exactly is this corruption? What's the size of it?'"
'High reward'
The website has evolved into a consumer comparison site where people can also get information and advice in different languages on how to avoid paying bribes.
One woman told me how she got round paying a bribe to register her mother's house.
"I went with all the paperwork and at first they looked through it and said, 'Oh, I think one of the documents is not up to date.'
"What I had been told at the website is that this is one of the excuses they make to take a bribe, and what we need to do is tell them, 'OK, give it to me in writing with your stamp and seal, and I will make sure I get these documents the next time so that I can get it registered.'"
"The moment I said that, they backed off and said, 'No, no, it's OK, we will pass it through.'"
So far, nearly 10,000 bribe experiences have been reported across 347 cities and 19 government departments.
As the numbers mount, Swati Ramanathan hopes the website will become a powerful tool for shaming government departments into tackling corruption.
"There is so little risk to being corrupt in our country and so high a reward," she explained.
"The moment you change the equation and you make it riskier, the reward becomes less. You make it riskier by making it public."...
Can civil society fight corruption? asks Soutik Biswas of BBC:
Are sections of India's civil society subverting democracy to pressure the government to push through tough anti-corruption laws?
The beleaguered Congress-party led government appears to think so. The senior-most minister Pranab Mukherjee has fired an uncharacteristic broadside at activist Anna Hazare's anti-graft agitation for resorting to hunger strikes, making unreasonable demands like video graphing meetings of a joint panel to discuss an ombudsman law and imposing deadlines on the parliament.
Mr Hazare is a well meaning Gandhian, who has a record of fighting corruption in his home state of Maharashtra. But he also has a predilection for making clumsy statements - he endorses capital punishment for the corrupt, for example. But few Indians deny that Mr Hazare has touched a chord, mostly among the country's fretful, politician-loathing middle classes, by pressuring the government to take a tough stand against corruption. Graft has become a way of Indian life, kept alive by the rulers and ruled alike.
Mr Mukherjee's barb is clearly not aimed at Mr Hazare alone. Last fortnight, Baba Ramdev, a thriving yoga guru with political ambitions, also began a hunger strike in Delhi demanding that the illicit money stashed away in foreign banks by rich Indians be brought back home. After futile negotiations with the guru, the government cracked down on his fast in the middle of the night, baton charged sleeping supporters and evicted him from Delhi. The police action earned the opprobrium of many Indians, and further battered the government's fast-eroding credibility.
Now the government appears to be trying to bottle the genie of Mr Hazare and Baba Ramdev's "movements", both of which it legitimised in the first place through recognition and negotiation. It seems to be also unable to handle the vicissitudes of these agitations, with its leaders blowing hot and cold against the government. Such a civil society movement, Pranab Mukherjee said, amounts to a "sinister move of destroying the fine balance between the three organs of government enshrined in our constitution".
"If someone dictates terms from outside to the government, does it not weaken or subvert democracy? It is a big question... We are all civil society, no one is uncivil."
Clearly, Mr Mukherjee's definition of civil society in the haste of a press conference is literal. The World Bank defines civil society to "refer to a wide array of non-governmental and not-for-profit organisations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious or philanthropic considerations".
India has seen deeper, meaningful civil society movements which have been blithely ignored by most of middle class in the past. Only when a protest comes to Delhi in the full glare of 24/7 news television does it get attention. And more so, when it rallies against corruption - which actually hurts the poor more than the rich and the middle class.
By all means, many believe, an enlarged and more representative civil society - ideally a larger, wider group of people from all over the country, not just a bunch of well meaning lawyers and activists from Delhi - should be putting pressure on a stubborn government to act against corruption. Also, as development expert Rajesh Tandon reminds us, civil society is not intrinsically virtuous. And good graft-free governance does not come from reforming the state alone - it demands the reformation of society and its people. There are no short cuts to a more virtuous India.
Data from Pew research and Transparency International shows that the nations, such as India and Pakistan, where the huge majorities of people claim religion is important in daily lives are also among the most corrupt.
Please read more at http://www.riazhaq.com/2011/06/per-capita-income-corruption-and.html
Here's Prof Anatol Lieven, the author of Pakistan-A Hard Country, explaining P2K in an interview with Harpers magazine:
This represents a shocking surrender on my part to SMS-speak, which comes of associating with students!
What it stands for is “Patronage to Kinship,” which is central to the nature and workings of the Pakistani state and political systems. In my book, I argue that this system—especially in the countryside but to some extent also in the cities—revolves around local elites using their own wealth to gain leadership positions in their kinship groups, using these positions to advance in politics and get elected to the provincial or national assembly (whether under civilian or military rule), and then in turn using their influence on government to extract corruption.
However, by contrast with some systems, like Nigeria’s, the benefits of this corruption cannot simply or even mainly be kept for the immediate beneficiaries. In order to retain support, they have to distribute a reasonable proportion of it to their kinfolk and other supporters—otherwise they won’t go on supporting the leaders for very long. Even within quite tight-knit kinship groups, there is usually a rival relative who will step forward to claim the leadership if the existing leader is seen as mean, greedy, and unresponsive to his followers’ needs. There are two good U.S. quotes which illustrate the morality behind this. The first was said about Mayor Richard M. Daley of Chicago by his supporters: “He dunks, but he splashes.” The second comes from Bruce Springsteen’s song “Highway Patrolman”: “A man turns his back on his family, he ain’t no friend of mine.”
In my book, I describe this system as “Janus-faced.” On the one hand, because of the way in which it maintains kinship links and spreads a certain amount of patronage through society, it helps maintain the existing system’s resilience in the face of the threat of Islamist revolution. On the other hand, it cripples the state’s ability to generate and spend resources effectively on infrastructure, education, and every other form of state service, and it is therefore disastrous for Pakistan’s economic development and social progress.
I argue that the power and prestige of the Pakistani military within the Pakistani system has been due chiefly to its ability to separate itself from the normal workings of the patronage and kinship system, and to operate as a relatively efficient and honest meritocracy. However—and I do wish more of my critics would notice this—I also say repeatedly that the reason the military has been able to do this is that it has in effect functioned as a giant patronage network, extracting a massive share of state resources and spending them on itself, albeit in an orderly way and with some benefits reaching the ordinary soldiers as well as the officers.
http://harpers.org/archive/2011/05/hbc-90008092
Here are some interesting excerpts from an Outlook India interview with Prof Aswath Damodaran of NYU Stern School of Business:
What risks do the present crisis hold for developing economies like India, grappling for well over a year to curb inflation?
If you are a developing economy you are like a growth company, which is far more dependent on the economy because everything gets magnified. Developing countries are far more exposed to global real economic growth because so much of the value comes from future growth. It is like a mature company is less affected by a recession than a growth company; mature economies are less affected than developing economies by a slowing global economy. Everybody gets hurt, but developing economies in a strange way can get hurt more because everything gets magnified at their level.
So, is India’s current pace of economic growth sustainable?
A scaling effect is going to kick in. It is one thing to grow at 9 per cent a year when you are a smaller economy, but as you get larger people have to get realistic. Policymakers have to realise that planning for 6 per cent real growth for the next 10 years is absurd. As the country scales up, you have got to get more realistic about real growth and have policies in place for what to do as real growth slows down, because it will. It will in India and it will in China. It has got nothing to do with the quality of the policies, it is a fact that as the economy becomes larger maintaining those growth rates is going to be unrealistic.
As we speak, corruption has become a major cause for protests in India....
The way I think about corruption is that it is like paying an unofficial tax. What corruption has done is it has raised the effective tax rate for businesses operating in India from 33.99 per cent to 41, 42, 43 per cent and that lowers investment. It lowers real growth. It has always been a deterrent and it will continue to be so. I think it is important that corruption be dealt with, but you can’t deal with it with an ombudsman, or a group that gets together and says let’s catch corrupt politicians, because it is entrenched in the system. It is built into the system because the salaries of many public servants are set with the implicit assumption that they can supplement that salary by getting paid on the side. It’s almost like waiters in the US get paid a low minimum wage because the assumption is that people will tip them 15 per cent so they can make up that money. It is not going to be easy to take out of the system because you have to revisit the way in which public servants get salaries.
http://www.outlookindia.com/article.aspx?278286
Today I had a conversation with someone who told me he was in Karachi for 6 years.
He was born and raised in Canada and went there for a job with Barclays. He does seem to have parents who were from Pakistan, however. He worked there and was involved in other banking industry orgs and also helped an NGO out.
I asked him for his impressions about the local system and the present state of the country. He has just returned home to Canada a few weeks ago.
He told me the system worked well and the mayor was a good mayor. He said he thought he did a very good job.
He also said right now country is in a deep mess. People in power seem to just want to take what money they can out of the system. he said this happening at all levels!
I would like you to be cognizant of the fact that now in Pakistan, corruption is at a scale that boggles the mind - at least it should boggle the mind. We are talking no longer millions but BILLIONS. We are talking about Pakistan's external debt shooting up by ten billion dollars in a short span of 3 years with nothing to show for it. I suspect the borrowed dollars have been purchased with corruption billions and transferred abroad. In the next 2 years huge repayments are maturing to the IMF and other lenders. The oil price may shoot up. Our exports reduce and our water supplies may stunt our agriculture. I don't see how we will be able to cope.
Billions are 'spent' by the government and as much as 40-50% if not more is diverted for pay-offs. There is hardly any development or relief going on anywhere. debt service has gone through the roof, being the biggest item in the budget. Poverty is rising, employment growth is nonexistent. Spending on social services had collapsed as there is no fiscal space.
Corruption is a HUGE component in both out fiscal and current account deficits. It has made a huge increase in both our domestic and international debt. it can corrupted the moral fiber of the country, especially the bureaucracy. Now the younger generation is actually embracing corruption as a perfectly acceptable way of life, looking at the leadership, the tycoons and the senior government officers as role models. They are actually openly defending the corruption of their families and expressing their intention to indulge in the same.
Transparency International, in its 2011 world corruption report, has shown Islamabad sliding down from last year’s 34th to 42nd in ranking amongst the most corrupt nations in the world, according to The News:
However, this improvement is not due to the fact that the government or the rulers are less corrupt than they were before but because of some good results shown by institutions like the judiciary, Public Accounts Committee (PAC), federal tax ombudsman and the defence departments.
Although last year’s 34th position of Pakistan was out of a total of 178 countries assessed by Transparency International as against 2011’s 42nd rank out of 183 countries, still the country did not deteriorate further as has been the case during the previous three years of the present regime.
To be released here on Thursday, the Transparency International’s 2011 Corruption Perceptions Index evaluated Pakistan getting 2.5 score out of 10, and ranked as 42nd most corrupt country out of 183 countries.
In 2010, TI report Pakistan’s score was 2.3, and it ranked 34th most corrupt country out 178 countries. In 2011, the rank of Pakistan has improved because of increase in the number of countries assessed this year.
Pakistan gained new heights in corruption during the last three years under the present rulers. Pakistan ranked as the 47th most corrupt country in 2008, but in 2009 the country became more corrupt and ranked 42nd in 2009.
In 2010, it was 34th most corrupt nation in the world. However, it is interesting to note that the Transparency International acknowledged that the arrest in the further decline of Pakistan in terms of corruption is not due to the present government’s efforts to curb the menace but owing to commendable role of the judiciary, the Public Accounts Committee, the defence establishment and the federal tax ombudsman.
It underscored that PAC, which has done remarkable work under Leader of the Opposition Chaudhry Nisar Ali Khan, recovered Rs115 billion from 2008 to 2011. The TIP also applauded judiciary’s zero-tolerance for corruption, the Ministry of Defence efforts to apply long-standing Public Procurement Rules 2004 in the armed forces departments; and the working of the federal tax ombudsman as one of the cleanest institutions in the government.
The TIP, however, said that this progress has been overshadowed by the ongoing corruption cases like the NICL, RPPs and 2010 Haj scandal in which the Supreme Court has affected recoveries of billions of rupees.
The TI report says that corruption continues to plague too many countries around the world. According to the Transparency International’s 2011 Corruption Perceptions Index, some governments failing to protect citizens from corruption be it abuse of public resources, bribery or secretive decision-making.
Transparency International warned that protests around the world, often fuelled by corruption and economic instability, clearly show citizens feel their leaders and public institutions are neither transparent nor accountable enough.
The 2011 index scores 183 countries and territories from 0 (highly corrupt) to 10 (very clean) based on perceived levels of public sector corruption. It uses data from 17 surveys that look at factors such as enforcement of anti-corruption laws, access to information and conflicts of interest. Two-thirds of ranked countries score less than five. New Zealand ranks first, followed by Finland and Denmark. Somalia and North Korea (included in the index for the first time) are last. Pakistan with 2.4 score ranked 42nd most corrupt country.
http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=10666&Cat=13
http://cpi.transparency.org/cpi2011/results/
Here are parts of a report in the News on corruption at all levels in Pakistan:
KARACHI: Speakers at a symposium on Friday said that corruption has thrived in every institution of the country, while institutions established to curb this menace have failed to identify the magnitude of the burgeoning problem, a statement said.
The National Reconciliation Ordinance (NRO) introduced corruption to the top levels of the national politics and government, it said.
These views were expressed in a seminar organised by the National Accountability Bureau (NAB) on “good governance and curbing corruption”.
The event was organised to mark world Anti-corruption Day that fell on December 9 every year.
Dean Faculty of Law, Federal Urdu University, former justice Dr Muhammad Ghous said corruption invariably hampered the good governance, while institutions formed for keeping surveillance on such a practice have not yielded good results.
In his view, honest, sincere and competent officers should be elevated at the helm of affairs of institutions to do away with corruption completely.
He regretted that corruption had become a part of life of every individual in the country. Be it a bank, educational institution, research institution or any other public service organisation, all departments have become morally sick, he added.
Dr Ghous said the most corrupt people are, unfortunately, irremovable from their services mainly due to the political influence. There is no global prescription for eliminating corruption, however, encouraging public participation and strengthening of institutions by giving authority to honest officers could significantly contribute in curbing this problem, he said.
Transparency International Pakistan Adviser Adil Gillani said the UN Convention against anti-corruption was ratified by Pakistan in 2007, while just passing the 37 days of its ratification, the then president General Pervaiz Musharraf introduced NRO, hence, paving the way for corruption at every level of the government.
Good governance could significantly play a vital role in eliminating corruption, he said.
Sindh NAB Director General Major Shabbir Ahmed (Retd) said the cooperation of people is direly needed to do away with the burgeoning menace of corruption.
The department is endeavoring to cope with this problem, he said.
Ahmed said that imposition of strict rules and regulations in every organisation could play a vital role in anti-corruption mission.
Former Inspector General Police Sindh, Niaz A Siddiqui regretted the non-existence of any mechanism to protect rights of citizens.
He questioned why there is no surveillance of police officials in their offices, contrary to thousands of close-circuit cameras installed in the city monitoring citizens.
He saw absence of strict accountability mechanism behind increasing corruption in the country.
http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=81473&Cat=3
Transparency International Pakistan says military least corrupt, according to The Nation newspaper:
Judiciary has stepped up into the 4th position from 6th in the previous year in terms of corruption, while land administration department has got the first position on the list of country’s most corrupt institutions, according to the National Corruption Perception Survey 2011, released by the Transparency International Pakistan (TIP) on Wednesday.
According to the report the police department has taken the second spot while the Power sector has dropped to the 5th rank from 2nd. Taxation slipped to the 3rd rank from its previous 8th position, while Customs and Tendering and Contracting departments have shown alarming increase in the corruption trend.
It is pertinent to mention here that for the first time military has been included in the survey and it was the least corrupt department after education in the year 2011. Police had topped all the previous years’ surveys but the Land Administration has crossed them and the factor of the ‘Land Mafia’ was one of the big reasons for this increase.
The annual survey report was released at Karachi Press Club in a press conference by TIP Chairman Sohail Muzaffar, along with TIP Advisory Committee chairman Syed Adil Gilani. This year’s survey has been conducted by Gallup Pakistan. Sohail Muzaffar cited the delay in punitive action by the state organs against the corrupt elements in corruption cases like Pakistan Steel, NICL, Punjab Bank, Rental Power Plants, KESC, PIA, Railway and Wapda as the main reason for the rise in corruption levels.
Sohail informed that judiciary is confronted by deliberate defiance in implementing Supreme Court orders and delay in punishing corrupt persons by the judiciary is one of the causes of lower ranking of judiciary. He said that they have released the reports to tell the government and the people that which is the most corrupt department and it should not be taken into personal context or any political intention. “We are trying to help out the government by showing them the corrupt sections in them, now it’s up to the government how it cleans them”.
On the inclusion of military in the survey, the TIP chairman said, “We have not included it in the survey, Gallup itself has added military and they have not put railways in the survey”. He said the military should not be placed before the education in the rank because according to him military is less corrupt than the education.
He added that Gallup agreed late to conduct the survey, “No one was ready to conduct the survey, the Institute of Business Administration (IBA) which conducted the previous year’s survey refused to conduct it this year. We had short time and Gallup agreed in the last”, said Muzaffar.
http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/national/29-Dec-2011/military-least-corrupt-institution-tip
Here's an Express Tribune report on TI findings in Pakistan:
The latest perception report from Transparency International Pakistan (TIP) shows a limited number of respondents see centres of corruption in Pakistan in the following descending order, of being perceived as the most corrupt to the least: 1) land administration; 2) police; 3) income tax; 4) judiciary; 5) tendering & contracting; 6) customs, plus state corporations and the last is the army. Once again TIP has expressed its shock at the mounting lack of honesty in public affairs and has listed some of the reasons why the graph of evil is creeping upwards every year.
It is not surprising that land administration is the first among the perceived culprits. It is vastly the domain of the provinces where the politician has yet to begin to take responsibility for sorting-out maintenance and collection. Land record is still in primitive shape and the low bureaucracy that handles the sector is not upgraded and made competitive. Most of the trouble takes place away from the big cities because the writ of the state languishes in smaller districts and abdicates to three power centres: the feudal landlord (often a politician), the police and the judiciary. It will take a long time to sort-out this mess and it will not happen at the same speed in all the provinces. The police has endemic ills that most states in the Third World have failed to tackle. The recruitment of policemen has been pegged to good education only recently, but the provinces — whose domain this is — have been remiss in making the kind of allocations needed to upgrade the institution’s performance. The ratio of policemen to population is abysmal, training standards — though imitative of the army — are nowhere near being practically useful and low status has kept the average policeman tied to slavish behaviour towards the seniors and a brutish one towards the common man.
But the police may not be intrinsically as bad as the circumstances of its functioning make it. State policies favouring non-state actors involved in terrorism on the side have hamstrung the police. Unwillingness to prosecute has instilled in the department a habit of not trying too hard to convict, say, terrorists from a shady jihadi organisation simply because it is being clandestinely supported by the state. Because of this ambience of state-backed criminality, many policemen themselves indulge in crime and get away with it. Many senior policemen live beyond their means and own properties they could not have bought with honest money. As for the tax administration, if one were to look at the statistics, things may be getting better — and that is why it is no longer number one in corruption. Pakistan’s revenue collection is one of the lowest in the world (with the tax-collection machinery believed to be riddled with corruption and inefficiency) and that impacts directly the capacity of the state to spend on development. The reigning theory is to erect a system in which the income tax officer comes into least contact with the taxpayer.
http://tribune.com.pk/story/314181/pakistans-perceived-corruption/
Here are some excerpts from an interesting Friday Times Op Ed on Pakistan's undocumented (informal & illegal) economy:
The economy is in the doldrums, but that is not news any more. What is more interesting, and more difficult to investigate, is what is happening in the world beyond the survey operator and tax collector's ambit. Papers published by the Social Policy Development Center (SPDC) in Karachi and the State Bank place the informal economy in a range of 20 to 30 percent of GDP. But most of this undocumented economy does not include strictly illegal, or shall we say criminal, practice.
that militant groups are running their own businesses (during the TNSM's movement in Swat, emerald mines were reputed to be in the hands of Maulana Fazlullah's men); that militants and terrorists are even coming up with new ways to generate funds (kidnapping for ransom being a case in point).
According to data from the UN, Afghanistan produced about 90% of the global output of opium in 2007. This fell to just over 62% by 2010 (with Myanmar accounting for most of the rest). Three quarters of the poppy production was in the provinces of Helmand and Kandahar, which border Pakistan. Domestic consumption of opium in Afghanistan is next to nil. Also, the country does not legally import the chemicals needed to process opium into heroin, although these are imported in Pakistan for legitimate uses. Almost 7,000 metric tons of opium, both raw and processed, in the form of morphine and heroin, leaves Afghanistan and finds its way to the lucrative markets of Western Europe.
Given that the global trade in opiates is estimated to have a value of some $70 billion, even a small proportion of the proceeds can make life comfortable for a lot of people in Pakistan.
With close to 80 suicide attacks in 2010, about 400 rocket attacks, and about 350 bomb blasts in addition to target killings, use of improvised explosive devices etc, its not hard to deduce that there is a significant trade in arms and ammunition in Pakistan. The ISAF container scam case led to some interesting findings. There were the obvious conclusions - including that the abuse of the Afghan Transit Trade facility is massive. More tellingly, the Supreme Court's suo moto case found that 7,922 ISAF containers simply went missing. In addition to the packed meals, the alcohol and the camp supplies stamped with ISAF logos that appear in border markets, the possibility of pilferage of more dangerous items cannot be ruled out.
The smuggling masked by the Afghan Transit Trade is another story altogether, and according to some stakeholders extends to the illegal trade in timber, antiquities and gemstones stemming from that unfortunate nation. Being a neighbor to a land-locked, war-ravaged country with no semblance of law and order was never going to be easy. But Pakistan's governance failures have made a bad situation worse.
There's much more to Pakistan's economy than meets the eye, and many of the more interesting activities are practically impossible to investigate unless someone is prepared to take considerable personal risks. The few pieces of the jigsaw puzzle that are available from public data and information paint a tantalizing picture. If the downslide of the formal economy continues, things could get even more interesting.
Here's an Op Ed by Prof Anatol Lieven published in the Guardian:
If Pakistan's chief justice, Iftikhar Chaudhry, manages to press his charges of corruption against the president, Asif Ali Zardari, he will bring down the existing Pakistani government. If he extends his anti-corruption campaign to the political elites as a whole, he will bring down the entire existing political system – and replace it, his critics say, with a dictatorship made up of an unelected (and equally corrupt) judiciary.
The truth is that Pakistani politics revolves in large part around politicians' extraction of resources from the state by means of corruption, and their distribution to those politicians' followers through patronage. Radically changing this would mean gutting the existing Pakistani political system like a fish. Nor is it at all certain how popular the process would really be with most Pakistanis.
For while the greater part of this process of extraction and redistribution is illegal according to Pakistani law, how much of it is immoral in Pakistani culture is a much more complicated question. Every Pakistani politician accuses his rivals of corruption but, equally, the perception that he himself is "generous" and "honourable" to his own supporters is likely to be central to his own local prestige. If a public monument is ever erected to the Ideal Pakistani Politician, the motto "He dunks but he splashes", originally coined by Mayor Richard Daley of Chicago, should be inscribed on its pedestal.
And this is not just a matter of cynical politics. It also obeys a fundamental moral imperative of local culture to be loyal to one's followers and, above all, one's kinfolk. The politician who is really despised is the kleptocrat who both steals immoderately and does not share the proceeds. As a result, a good deal of the proceeds of corruption does get distributed through parts of society, thereby helping to maintain what until recently has been the surprising underlying stability of the Pakistani political system.
The military is widely seen as relatively immune to corruption, and when it comes to its own internal workings, this is largely true – though it usually ceases to be true when generals go into politics. However, it is vitally important to note that this is in large part because for many decades the military as a whole has acted as a kind of giant patronage network, extracting a huge share of Pakistan's state resources via the defence budget and other concessions, and spending them on itself. Because – to its credit – it has distributed the resulting benefits in an orderly if hierarchical way among its generals, officers, non-commissioned officers and even to a degree privates, it has managed to keep a lid on corruption within the military itself. However, a belief is growing among ordinary soldiers, not just that the generals' perks are immoderate but that in some cases their families are using their connections to make huge corrupt fortunes outside the military.
As for Zardari, it seems highly doubtful that he can hang on much longer. The chief justice is pursuing him with bulldog determination and the letter of the law is on his side. The military has been infuriated by what it believes are his attempts to ally with Washington against it. It does not want another military government, but it does want a civilian regime that is much more responsive to its wishes. And the opposition want him out before, not after, senate elections that might just enable him to cling to the presidency even if as expected his Pakistan People's party is defeated in general elections due by early 2013. Whether getting rid of Zardari will fundamentally change Pakistani politics, however, is a very different matter.
http://www.guardian.co.uk/commentisfree/2012/jan/19/pakistan-culture-honourable-corruption?newsfeed=true
Here's a Global Post story on NATO using smugglers to supply its troops in Afghanistan through Pakistan:
With few other options available to it since Pakistan closed its border crossings almost two months ago, NATO has at times resorted to paying local smugglers to get much-needed supplies to its troops fighting in Afghanistan, Pakistani officials say.
The Pakistani and Afghan smugglers, who must pay bribes to militants to travel safely through some areas, navigate treacherous routes over the 1,800-mile mountainous divide that separates the two countries to bring containers of oil, food and other essential items — all at a price — to soldiers on the other side.
“Borders mean nothing to us. We have been crossing in and out for centuries,” Sahib Khan, a smuggler who said NATO had hired him, told GlobalPost.
The hiring of illegal smugglers came after a failed attempt by NATO to pay private companies, which truck goods across the border under the Pakistan-Afghanistan Free Trade Agreement (PATA). These private companies, Pakistani officials said, were secretly swapping out their normal cargo for NATO supplies until Pakistani security forces caught wind of the scam.
A senior officer for the Frontier Corps, an elite military unit that is responsible for security along the border, told GlobalPost that a total ban on the movement of containers under PATA, which was signed in 2010 to promote bilateral trade, eventually foiled the strategy.
“We had concrete evidence that some of the containers being imported by private companies, under PATA, were being used to smuggle supplies for NATO troops under cover of commercial imports,” the official said.
Smuggling between Pakistan and Afghanistan has long been a profitable and vibrant business. Various trade agreements have been signed between the two neighbors in a bid to contain the practice, but high import and export taxes coupled with little government oversight, thwarted those attempts.
Mostly items like flour, edible oil, lentils, dried vegetables, contraband cigarettes, and animals for meat are smuggled into Afghanistan, while spare auto parts, electronics and unregistered vehicles are smuggled the other direction.
Smuggling is so widespread that it has become the backbone of the economy in towns and villages along the border, where locally it is treated simply as normal trade. The mountainous terrain provides an edge over security to smugglers who regularly trickle across the border without any trouble.
Sahib said that most of the food and oil supplies he has carried across the border for NATO originate from the southern port city of Karachi, and are moved through Peshawar and Quetta, and finally through Pakistan’s tribal areas, which are largely under the authority of various militant groups.
For those militants, the smugglers have been an important source of income. Smugglers are required to pay “rahdari,” or “passage,” an unofficial tax that allows them safe passage.
“Once we are onto the route, it’s the responsibility of those who receive rahdari to ensure we are able to safely enter into Afghanistan,” Sahib said.
Any smuggling that is done on behalf of NATO can in no way make up for the closed borders, however. Smugglers say they carry between 20 and 25 small containers a day while, when the border crossings were open, NATO shipped an average of 250 large containers a day — making the reopening of the borders essential to the war effort.
http://www.globalpost.com/dispatch/news/regions/asia-pacific/pakistan/120123/pakistan-border-nato-us-troops-afghanistan
Here are some excerpts of BBC's Soutik Biswas's review of Pulitzer-winning New Yorker reporter Katherine Boo's "Beautiful Forevers":
"We try so many things," a girl in Annawadi, a slum in Mumbai tells Katherine Boo, "but the world doesn't move in our favour".
Annawadi is a "sumpy plug of slum" in the biggest city - "a place of festering grievance and ambient envy" - of a country which holds a third of the world's poor. It is where the Pulitzer prize winning New Yorker journalist Boo's first book Behind the Beautiful Forevers is located.
Annawadi is where more than 3,000 people have squatted on land belonging to the local airport and live "packed into, or on top of" 335 huts. It is a place "magnificently positioned for a trafficker in rich's people's garbage", where the New India collides with the Old.
Nobody in Annawadi is considered poor by India's official benchmarks. The residents are among the 100 million Indians freed from poverty since 1991, when India embarked on liberalising its economy.
She used more than 3,000 public records, many obtained using India's right to information law, to validate her narrative, written in assured reported speech. The account of the hours leading to the self-immolation of Fatima Sheikh derives from repeated interviews of 168 people as well as police, hospital, morgue and court records. Mindful of the risk of over interpretation, the books wears its enormous research lightly.
The local councillor runs fake schools, doctors at free government hospitals and policemen extort the poor with faint promise of life and justice, and self-help groups operate as loan sharks for the poorest. The young in Annawadi drop dead like flies - run over by traffic, knifed by rival gangs, laid low by disease; while the elders - not much older - die anyway. Girls prefer a certain brand of rat poison to end their lives.
Boo has an interesting take on corruption, rife in societies like India's. Corruption is seen as blocking India's global ambitions. But, she writes, for the "poor of a country where corruption thieved a great deal of opportunity, corruption was one of the genuine opportunities that remained".
On the other hand, Boo believes, corruption stymies our moral universe more than economic possibility. Suffering, she writes, "can sabotage innate capacities for moral action". In a capricious world of corrupt governments and ruthless markets the idea of a mutually supportive community is a myth: it is "blisteringly hard", she writes, to be good in such conditions. "If the house is crooked and crumbling", Boo writes, "and the land on which it sits uneven, is it possible to make anything lie straight?
Here's a News report of losses at sta6e-owned Pakistan Steel Mills:
The Federal Cabinet that met here on Wednesday with Prime Minister Yousaf Raza Gilani in the chair turned down the loss making Pakistan Steel Mills’ (PSM) request for Rs9 billion to bail it out of financial crisis.
PSM, a few days ago, had moved a summary to the federal cabinet through the Ministry of Production to seek a Rs9 billion bailout package from the government as it was in severe financial crisis; and the Mills was running below 20 percent of its capacity. The cabinet deferred the Mills request until the next meeting of the cabinet.
It is worth mentioning that PSM remained a profit-making entity for seven years, from 2000 to 2007, but as the PPP-led coalition government came into office, the entity started accumulating billions of rupees losses and continues to nosedive. The Mills is spending about Rs1.2 billion a month under different heads, whether it is making profit or raking up losses. The giant holds a constant burden of 21,000 employees despite suffering from low productivity.
The Ministry of Production is also now distancing itself from this politically sensitive entity and believes that the Mills is more in control of the Cabinet Committee on Restructuring of State-Owned Enterprises, headed by the Finance Minister Dr Hafeez Sheikh, well-placed sources told The News.
Interestingly, last year in November, the federal minister for production Chaudhry Anwar Ali Cheema also gave a blatant statement by calling the Mills “nothing but a burden on the economy of the country” and had advised the government that it is better to get rid of it rather than feeding it with billions of rupees every year.
Official sources, while giving a blue print of the Mills performance, said that during 2007-08, PSM production attainment stood at 82 percent of its capacity utilisation and after that, it took a declining course to 64 percent in 2008-09, 40 percent in 2009-10 and 35 percent in 2010-11.
This year too, due to shortage of raw material including iron ore and coal, the Mills is running on less than 20 percent of its capacity.
As far as the sale of PSM products is concerned, it was recorded at Rs42.938 billion in 2007-08 and has been on the decline since then, with Rs34.340 billion in 2008-09, Rs23.832 billion in 2009-10 and Rs27.379 billion in 2010-11.
The last time PSM had fetched Rs2.38 billion in profit was in 2007-08, while after that it continuously racked up losses. In 2008-09, its losses were 26.53 billion in 2009-10 it was Rs11.52 billion and in 2010-11 it was Rs11.49 billion.
According to PSM data, during the first quarter (July-September 2011-12) it accumulated losses of about Rs4.3 billion.
http://www.thenews.com.pk/Todays-News-3-102456-Pakistan-Steel-Mills-denied-Rs9bn-bailout-package
Here are excerpts of a David Brooks' NY Times column on why political participation is important for idealistic youth:
Often they are bursting with enthusiasm for some social entrepreneurship project: making a cheap water-purification system, starting a company that will empower Rwandan women by selling their crafts in boutiques around the world.
These people are refreshingly uncynical. Their hip service ethos is setting the moral tone for the age. Idealistic and uplifting, their worldview is spread by enlightened advertising campaigns, from Bennetton years ago to everything Apple has ever done.
It’s hard not to feel inspired by all these idealists, but their service religion does have some shortcomings. In the first place, many of these social entrepreneurs think they can evade politics. They have little faith in the political process and believe that real change happens on the ground beneath it.
That’s a delusion. You can cram all the nongovernmental organizations you want into a country, but if there is no rule of law and if the ruling class is predatory then your achievements won’t add up to much.
Furthermore, important issues always spark disagreement. Unless there is a healthy political process to resolve disputes, the ensuing hatred and conflict will destroy everything the altruists are trying to build.
There’s little social progress without political progress. Unfortunately, many of today’s young activists are really good at thinking locally and globally, but not as good at thinking nationally and regionally.
Second, the prevailing service religion underestimates the problem of disorder. Many of the activists talk as if the world can be healed if we could only insert more care, compassion and resources into it.
History is not kind to this assumption. Most poverty and suffering — whether in a country, a family or a person — flows from disorganization. A stable social order is an artificial accomplishment, the result of an accumulation of habits, hectoring, moral stricture and physical coercion. Once order is dissolved, it takes hard measures to restore it.
Yet one rarely hears social entrepreneurs talk about professional policing, honest courts or strict standards of behavior; it’s more uplifting to talk about microloans and sustainable agriculture.
In short, there’s only so much good you can do unless you are willing to confront corruption, venality and disorder head-on. So if I could, presumptuously, recommend a reading list to help these activists fill in the gaps in the prevailing service ethos, I’d start with the novels of Dashiell Hammett or Raymond Chandler, or at least the movies based on them.
The noir heroes like Sam Spade in “The Maltese Falcon” served as models for a generation of Americans, and they put the focus squarely on venality, corruption and disorder and how you should behave in the face of it.
A noir hero is a moral realist. He assumes that everybody is dappled with virtue and vice, especially himself. He makes no social-class distinction and only provisional moral distinctions between the private eyes like himself and the criminals he pursues. The assumption in a Hammett book is that the good guy has a spotty past, does spotty things and that the private eye and the criminal are two sides to the same personality.
He (or she — the women in these stories follow the same code) adopts a layered personality. He hardens himself on the outside in order to protect whatever is left of the finer self within.
http://www.nytimes.com/2012/04/13/opinion/brooks-sam-spade-at-starbucks.html
Here are some excerpts from Raymond Baker's book "Capitalism's Achilles Heel" regarding Pakistan's venal politicians:
"While Benazir Bhutto hated the generals for executing her father, Nawaz Sharif early on figured out that they held the real power in Pakistan. His father had established a foundry in 1939 and, together with six brothers, had struggled for years only to see their business nationalized by Ali Bhutto’s regime in 1972. This sealed decades of enmity between the Bhuttos and the Sharifs. Following the military coup and General Zia’s assumption of power, the business—Ittefaq—was returned to family hands in 1980. Nawaz Sharif became a director and cultivated relations with senior military officers. This led to his appointment as finance minister of Punjab and then election as chief minister of this most populous province in 1985. During the 1980s and early 1990s, given Sharif ’s political control of Punjab and eventual prime ministership of the country, Ittefaq Industries grew from its original single foundry into 30 businesses producing steel, sugar, paper, and textiles, with combined revenues of $400 million, making it one of the biggest private conglomerates in the nation. As in many other countries, when you control the political realm, you can get anything you want in the economic realm."
Like Bhutto, offshore companies have been linked to Sharif, three in the British Virgin Islands by the names of Nescoll, Nielson, and Shamrock and another in the Channel Islands known as Chandron Jersey Pvt. Ltd. Some of these entities allegedly were used to facilitate purchase of four rather grand flats on Park Lane in London, at various times occupied by Sharif family members. Reportedly, payment transfers were made to Banque Paribas en Suisse, which then instructed Sharif ’s offshore companies Nescoll and Nielson to purchase the four luxury suites.
Upon taking office in 1988, Bhutto reportedly appointed 26,000 party hacks to state jobs, including positions in state-owned banks. An orgy of lending without proper collateral followed. Allegedly, Bhutto and Zardari “gave instructions for billions of rupees of unsecured government loans to be given to 50 large projects. The loans were sanctioned in the names of ‘front men’ but went to the ‘Bhutto-Zardari combine.’ ” Zardari suggested that such loans are “normal in the Third World to encourage industrialisation.” He used 421 million rupees (about £10 million) to acquire a major interest in three new sugar mills, all done through nominees acting on his behalf. In another deal he allegedly received a 40 million rupee kickback on a contract involving the Pakistan Steel Mill, handled by two of his cronies. Along the way Zardari acquired a succession of nicknames: Mr. 5 Percent, Mr. 10 Percent, Mr. 20 Percent, Mr. 30 Percent, and finally, in Bhutto’s second term when he was appointed “minister of investments,” Mr. 100 Percent.
http://books.google.com/books?id=Wkd0--M6p_oC&printsec=frontcover&dq=Capitalism%27s+Achilles+Heel&hl=en&sa=X&ei=R_2jT569HofViAKLzpzLAw&ved=0CDwQ6AEwAA#v=onepage&q=nawaz%20sharif&f=false
http://books.google.com/books?id=Wkd0--M6p_oC&printsec=frontcover&dq=Capitalism%27s+Achilles+Heel&hl=en&sa=X&ei=R_2jT569HofViAKLzpzLAw&ved=0CDwQ6AEwAA#v=onepage&q=zardari&f=false
Here's an excerpt from Time magazine on anti-corruption initiative in Pakistan:
(LAHORE, Pakistan) — Corruption is so pervasive in Pakistan that even Osama bin Laden had to pay a bribe to build his hideout in the northwest where he was killed by U.S. commandos.
Ordinary Pakistanis complain they have to grease officials’ palms to get even the most basic things done: File a police report when they have a traffic accident. Obtain copies of court documents. Get permission to see their relatives in the hospital.
Now, an enterprising group of Pakistani officials is cracking down on this culture of graft with an innovative program that harnesses technology to identify corruption hot spots in the country’s most populous province, Punjab.
The initiative, which leverages the ubiquitous presence of cell phones, relies on the simple concept of asking citizens about their experience.
The program — run by the Punjab Information Technology Board — uses telephone calls and text messages to get feedback from citizens conducting transactions with a dozen different government departments, including those dealing with property, health and emergency response.
Many of the reported cases of corruption involved low-level property officials known as patwaris, who are notorious for demanding bribes. One man in the city of Multan sent a text message saying he had to pay a patwari about $170 to get his new property registered. Another man in Sheikhpura district reported paying about $15 to a patwari and his assistant and said “they should be removed from their jobs.”
Bin Laden’s courier, who built the al-Qaida chief’s compound in the town of Abbottabad, had to pay roughly a $500 bribe to a patwari to purchase the required land, according to Pakistani intelligence officials, who spoke on condition of anonymity because they were not authorized to talk to the media.
The low level of corruption reported could be partly driven by citizens’ reluctance to tell government officials the truth, said Michael Callen, an assistant professor of political science at the University of California, Los Angeles, who is conducting research on the program. That could improve as the program becomes more widely known, the anonymity of individuals is protected and more punitive action is taken against corrupt officials, he said.
The initiative’s scale and proactive solicitation of feedback differentiate it from other anti-corruption efforts around the globe, such as the “I Paid a Bribe” website run by an Indian non-profit group. The website and other similar schemes rely on citizens to take the initiative to complain. That can produce fictional accusations made to blackmail honest officials, said Umar Saif, head of the Punjab technology board.
The Punjab government already has used data from the program to pressure officials to clean up their operations.
While the initiative does not attempt to tackle the millions of dollars thought to be involved in high-level government corruption, it faces significant challenges since much of Pakistan’s political system is based on patronage. Politicians hand out jobs to their supporters in exchange for votes. It’s not the salary or benefits, but the chance to solicit bribes that makes the jobs highly coveted.
http://world.time.com/2013/02/04/pakistan-tries-new-way-of-tackling-corruption/
Here's a story of misuse of counter-terror funds by Pakistan's Ex-Home Minister Rehman Malik:
Pakistani officials used a secret counter-terrorism fund to buy wedding gifts, luxury carpets and gold jewellery for relatives of ministers and visiting dignitaries, leaked documents reveal.
The revelations cast a spotlight on high-level corruption in Pakistan as the impoverished but nuclear-armed country battles a surge in Taliban violence.
They concern the National Crisis Management Cell (NCMC) of Pakistan's interior ministry, formed in 2000 to co-ordinate between the country's intelligence agencies and federal and provincial governments on national security matters.
The NCMC received about 425 million rupees (HK$53.4 million) from Pakistani government coffers between 2009 and last year, according to files obtained by Umar Cheema, a journalist for Pakistani daily The News.
During that time the interior ministry was headed by Rehman Malik, a supporter of former president Asif Ali Zardari's Pakistan People's Party (PPP).
Many of the documents deal with payments to intelligence sources, routine maintenance of vehicles and overtime for employees. But they also include receipts for gifts for US and British embassy officials, as well as flowers and sweets for journalists.
One receipt for 70,000 rupees is itemised as: "Pair of wristwatches for marriage of nephew of minister for interior".
The documents show that on a trip to Rome for an Interpol conference in November 2012, Malik took a necklace, wooden tables and a TouchMate tablet computer as gifts.
The counter-terror fund was also used to buy three rugs as wedding gifts for the son of former prime minister Raja Pervez Ashraf early last year.
A set of 21-carat gold jewellery worth US$3,000 was bought for one unnamed individual, while another was the recipient of a US$1,500 set.
Among the more bizarre items paid for from the fund was the US$800 cost of four sacrificial goats, plus butchery costs for the festival of Eid-ul-Adha.
Pakistan's present government, led by Prime Minister Nawaz Sharif, has ordered an audit of the interior ministry accounts from 2010 to last year. Ministry spokesman Danyal Gilani confirmed the audit was continuing.
http://www.scmp.com/news/asia/article/1411894/secret-pakistan-counter-terror-fund-was-used-buy-wedding-gifts-and-carpets
Here's a NY Times story about Indian Swiss accounts which may also be relevant to Pakistan:
NEW DELHI — Generations of Indians have grown up imagining a bank with high ceilings and chandeliers in Switzerland, where shadowy Indians go to leave a lot of illicit cash in the care of practical white men. In popular lore, the “Swiss bank account” is an essential part of Indian villainy, even though illicit money is a common household possession.
So, last week, when a news agency quoted a Swiss official as saying that Switzerland was willing to share with the Indian authorities information about Indians of dubious nature who hold bank accounts in that country, the Indian government appeared to give the news considerable importance. Considering the infamy of the Swiss bank account in the Indian imagination, data released last week by Switzerland’s central bank, the Swiss National Bank, contained a surprise.
Indians, not all of them shady, held about $2.3 billion in Swiss banks last year. That’s 40 percent more than in 2012, but just a third of what they had parked in 2006. Indian accounts represented just 0.15 percent of the total holdings by foreigners in Swiss banks in 2013.
When Indians talk about their country’s illicit money, which is chiefly tax-evaded funds and income by illegal means, there is, of course, righteous contempt. But there is also a swagger over the sheer size of this shadow economy, because, after all, it is Indian. So a mere $2.3 billion was not what most Indians would have expected their rich and corrupt to have stashed in their Swiss nests.
It is possible that Indian money has fled to safer havens over the years, or has returned to India disguised as respectable investments.
Nobody knows just how big India’s illicit economy is, but in recent years Indians have come to accept that it is very big. From the range of numbers that claim to measure the shadow economy, Indians tend to believe in the highest.
A popular notion is that $1.4 trillion of illicit Indian money has flown out of the country over the decades and is held in various parts of the world. The apparent source of this figure is an analysis in 2009 by the academic R. Vaidyanathan. He had extrapolated it from a report released by Global Financial Integrity, a think tank in Washington; $1.4 trillion swiftly became a widely accepted estimate of Indian illicit money held abroad.
Mr. Kar’s report hit India at a time when the middle class was convinced that it was disgusted by corruption. The $500 billion figure was picked up by politicians, reformers and officials, who quoted each other to support their claim.
A study published in 2006 by Friedrich Schneider on the world’s shadow economies dealt briefly with the “tax morality” of Germans. According to the study, two-thirds of the Germans surveyed regarded tax evasion as a “trivial offence,” while only one-third judged stealing a newspaper this way. Indian tax morality is similar, but it makes a distinction between expatriate illicit money, which is viewed as a serious crime perpetrated by the very corrupt, and money held within India, which is perceived as a practical measure.
Black money, as illicit money is called in India, is a significant part of Indian life. Most Indians of means, including many who protested on the streets against political corruption, deal in illicit money when they buy or sell real estate, or when they need foreign exchange to import goods. Huge amounts of cash travel across India during election seasons to bribe voters. Rich ladies prowl Delhi’s malls with bricks of cash in their bags, or with attendants who carry the bricks for them. And, there is a network of quaint people much in demand for their ability to magically transmute rupees collected anywhere in India into dollars that can be made to appear almost anywhere else in the world.
http://www.nytimes.com/2014/06/26/world/asia/indias-underground-economy.html?_r=0
#Pakistan’s #Sharif brothers, #Zardari figure on NAB’s list of 150 ‘high-profile’ #corruption cases. https://shar.es/1qUoYH via @sharethis
Pakistan’s National Accountability Bureau (NAB) has reportedly submitted a list of 150 mega corruption cases, involving high-profile figures such as, Prime Minister Nawaz Sharif, his brother and Punjab Chief Minister Shahbaz Sharif, former premiers, ministers and top bureaucrats, before the country’s Supreme Court.
The report said that an inquiry was being carried out against the incumbent prime minister and his brother in a case pertaining to the construction of a road from Raiwind to Sharif family House worth Pakistani rupees 126 million, reported the Dawn.
Former Prime Minister Raja Pervaiz Ashraf is also being scrutinised for the rental power plants (RPP) case.
Also, a case has been launched against former President Asif Ali Zardari for possessing assets beyond resources.
It also mentioned 50 cases of monitory irregularities, misuse of powers and land scams.
Among the monitory irregularities, inquiries were being conducted in 22 cases, with probes launched into 13 cases and references in 15 cases.
In land scams, on the other hand, 29 cases were under inquiry, 13 cases were being investigated and references had been filed in eight cases.
The report also showed that inquiries were underway in 20 cases of abuse of power, while a probe had been launched into 15 cases and references filed in 15 cases.
The case, which was filed by Manzoor Ahmed Ghauri earlier this year against NAB chairman and other officials, is being heard by a three-member bench headed by Justice Jawwad S. Khawaja.
The report was submitted after the court expressed disappointment over what they claimed was an extreme form of ‘maladministration’ in the anti-corruption body.
The Panama Papers reveal hidden wealth of 12 world leaders including #Pakistan #PM #NawazSharif in offshore account http://gu.com/p/4tvm5/stw
The hidden wealth of some of the world’s most prominent leaders, politicians and celebrities has been revealed by an unprecedented leak of millions of documents that show the myriad ways in which the rich can exploit secretive offshore tax regimes.
The Guardian, working with global partners, will set out details from the first tranche of what are being called “the Panama Papers”. Journalists from more than 80 countries have been reviewing 11.5m files leaked from the database of Mossack Fonseca, the world’s fourth biggest offshore law firm.
The records were obtained from an anonymous source by the German newspaper Süddeutsche Zeitung and shared by the International Consortium of Investigative Journalists with the Guardian and the BBC.
Though there is nothing unlawful about using offshore companies, the files raise fundamental questions about the ethics of such tax havens – and the revelations are likely to provoke urgent calls for reforms of a system that critics say is arcane and open to abuse.
The Panama Papers reveal:
Twelve national leaders are among 143 politicians, their families and close associates from around the world known to have been using offshore tax havens.
A $2bn trail leads all the way to Vladimir Putin. The Russian president’s best friend – a cellist called Sergei Roldugin - is at the centre of a scheme in which money from Russian state banks is hidden offshore. Some of it ends up in a ski resort where in 2013 Putin’s daughter Katerina got married.
Among national leaders with offshore wealth are Nawaz Sharif, Pakistan’s prime minister; Ayad Allawi, ex-interim prime minister and former vice-president of Iraq; Petro Poroshenko, president of Ukraine; Alaa Mubarak, son of Egypt’s former president; and the prime minister of Iceland, Sigmundur Davíð Gunnlaugsson.
Six members of the House of Lords, three former Conservative MPs and dozens of donors to UK political parties have had offshore assets.
The families of at least eight current and former members of China’s supreme ruling body, the politburo, have been found to have hidden wealth offshore.
Twenty-three individuals who have had sanctions imposed on them for supporting the regimes in North Korea, Zimbabwe, Russia, Iran and Syria have been clients of Mossack Fonseca. Their companies were harboured by the Seychelles, the British Virgin Islands, Panama and other jurisdictions.
A key member of Fifa’s powerful ethics committee, which is supposed to be spearheading reform at world football’s scandal-hit governing body, acted as a lawyer for individuals and companies recently charged with bribery and corruption.
One leaked memorandum from a partner of Mossack Fonseca said: “Ninety-five per cent of our work coincidentally consists in selling vehicles to avoid taxes.”
http://www.theguardian.com/news/video/2016/apr/03/the-panama-papers-how-to-hide-a-billion-dollars-video-explainer
The (Panama Papers) data contains secret offshore companies linked to the families and associates of Egypt's former President Hosni Mubarak, Libya's former leader Muammar Gaddafi and Syria's President Bashar al-Assad as well.
The documents reveal many Israeli connections and disclose people with Israeli citizenship as well as Israeli banks and entities have used the offshore law firm to register companies in tax havens around the world, Haaretz reported.
Several Israeli banks appear in the files, Haaretz said. Bank Hapoalim managed some of its trusteeship activities for trust funds through the law firm. This activity, carried out by means of the subsidiary Poalim Trust Services, closed down in 2011. The documents also contains many correspondences concerning Bank Leumi activity in Jersey in the Channel Islands.
Blacklisted interests
At least 33 people and companies in the documents had been blacklisted by the US for wrongdoing, such as some Iranian interests and those of Lebanon's Hezbollah, the ICIJ said.
One of the companies exposed in the leaked documents provided fuel for aircraft used by the Syrian government to bomb and kill thousands of its citizens, Haaretz said.
"These findings show how deeply ingrained harmful practices and criminality are in the offshore world," said Gabriel Zucman, an economist at the US-based University of California, Berkeley, and author of the book The Hidden Wealth of Nations: The Scourge of Tax Havens.
Zucman, who participated in the ICIJ investigation, said that the publication of the leaked documents should encourage governments to impose “concrete sanctions” on countries where such firms are registered and on institutions that provide confidentiality for companies using tax havens, Haaretz said.
The leaked data from 1975 to the end of last year provides what the ICIJ described as a "never-before-seen view inside the offshore world."
The investigation yielded the millions of documents from about 214,000 offshore entities, the ICIJ said. The source of the documents, Mossack Fonseca, is a Panama-based law firm with offices in more than 35 countries. It is the world’s fourth-biggest offshore law firm, the Guardian said.
Though most of the alleged dealings are said by the ICIJ to be legal, they are likely to have serious political impact on many of those identified.
Among the main claims of the ICIJ investigations:
Close associates of Putin, who is not himself named in the documents, "secretly shuffled as much as $2bn through banks and shadow companies," the ICIJ said.
The files identified offshore companies linked to the family of Chinese President Xi Jinping, who has led a tough anti-corruption campaign in his country, the ICIJ said.
In Iceland, the files allegedly show Prime Minister Sigmundur David Gunnlaugsson and his wife secretly owned an offshore firm holding millions of dollars in Icelandic bank bonds during the country's financial crisis.
The leaked documents were reviewed by a team of more than 370 reporters from over 70 countries, according to the ICIJ.
The BBC cited Mossack Fonseca as saying it had operated "beyond reproach" for 40 years and had never been charged with any criminal wrongdoing.
Haaretz, however, reported that authorities in the British Virgin Islands fined Mossack Fonseca $37,500 for violating laws against money laundering - it had registered a company in the name of former Egyptian President Hosni Mubarak’s son, but did not report its relationship to the two even after both father and son were charged with corruption in their country.
It was not immediately clear who was the original source of the leaked documents.
- See more at: http://www.middleeasteye.net/news/huge-tax-leak-exposes-leaders-saudi-pakistan-1560802862#sthash.VEvK4rvT.dpuf
#Pakistan PM #NawazSharif's children raised £7m against #UK flats owned offshore. #PanamaPapersLeak http://gu.com/p/4tvnf/stw
The children of Pakistan’s prime minister, Nawaz Sharif, raised a £7m loan from Deutsche Bank against four flats in Park Lane in London owned by offshore companies.
Acquired while Sharif was in opposition, the properties were owned by British Virgin Islands shelf companies on the books of the offshore agent Mossack Fonseca, the Panama Papers show.
The Sharif family’s investment in upmarket London property was disclosed in 1998 by Rehman Malik, a political opponent and the head of Pakistan’s Federal Investigation Agency, who had fled to London after allegedly being arrested and tortured.
Malik compiled a report that he claimed showed the Mayfair homes had been bought using “ill-gotten wealth earned through corrupt practices”. He claimed they had not been declared on tax returns, in breach of Pakistani law.
In April 2000, after Sharif had been toppled from his second term as prime minister and put in prison by Pakistan’s then military leader, Pervez Musharraf, the country’s chief corruption prosecutor repeated the allegations, saying: “We believe the money used to buy these apartments was stolen from the people of Pakistan.”
Sharif and members of his family have always denied any wrongdoing, and none have ever been convicted of any offence. Supporters say the charges against them are politically motivated. It is not illegal to own property through an offshore company.
Yesterday the family responded to the furore in Pakistan with a statement saying the Panama Papers “have made no allegations of wrongdoing against the Sharif family”, and that “all of the corporations owned by the Sharif family are legal and financially sound”.
In October 2008, Nawaz Sharif’s son Hussain and daughter, Mariam, turned to the Swiss arm of Deutsche Bank to borrow large sums, using the flats as collateral.
Three BVI companies were used to raise the loan, which entitled Nawaz Sharif’s adult children to borrow £3.5m in cash and a further £3.5m in money to be invested in “liquid assets” by Deutsche Bank.
Deutsche Bank said: “We fully recognise the importance of this issue. We have enhanced our procedures for bringing clients on board and verifying with whom we are doing business, and our policies, procedures and systems are designed to ensure that we comply with all applicable rules and regulations.”
Deutsche began auditing its private banking clients in 2013, seeking confirmation that they complied with all relevant tax rules. Checks on its Swiss and Luxembourg clients are now understood to be complete.
The flats in question are at Avenfield House overlooking Park Lane, where Sharif was once photographed at a press conference with his political rival Benazir Bhutto. They are held by two BVI entities on the books of Mossack Fonseca, Nielsen Enterprises and Nescoll Limited.
Post-Panama case Pakistan
Dr Ikramul Haq, Huzaima Bukhari August 27, 2017 Leave a comment
The institutional structure of economy is designed to generate rents for the elite at the expense of the middle classes and the poor. So what is at stake?
http://tns.thenews.com.pk/post-panama-case-pakistan/
The hidden wealth of some of the world’s most prominent leaders, politicians and celebrities has been revealed by an unprecedented leak of millions of documents that show the myriad ways in which the rich can exploit secretive offshore tax regimes — The Panama Papers: how the world’s rich and famous hide their money offshore [The Guardians, April 3, 2016]
Through the report titled, Panama Papers: Politicians, Criminal & Rogue Industry That Hide Their Cash, some of the crooks of the world — drug dealers, mafias, corrupt politicians and tax evaders — have been exposed. Pakistanis who are part of this undesirable club are unveiled through a year-long investigation project by journalist Umar Cheema in his write-up, Pak politicians, businessmen own companies abroad [The News, April 4, 2016].
Post-Panama case Pakistan is emerging as a dangerous place where the government is openly protecting and patronising the convicted and accused. There is no will to end state-sponsorship of organised crimes. Notorious laws — sections 5 and 9 of the Protection of Economic Reforms Act, 1992 and section 111(4) of the Income Tax Ordinance, 2001 — are still protecting dirty money, financing of terrorism and encouraging tax evasion. In the presence of such laws, the judiciary has punished the three-time elected prime minister — an unprecedented move that can be a starting point to end mafia-like rule in Pakistan as happened in Colombia after years of power of dirty money muzzling institutions or eliminating those who were not purchasable.
How can we eliminate corruption and tax evasion in Pakistan in the presence of permanent money-laundering and tax amnesty scheme in the form of section 111(4) of the Income Tax Ordinance, 2001 that facilitates the whitening of dirty money and tax evaded funds. It ensures that for money brought into Pakistan through normal banking channels no question would be asked by tax officials or FIA. Through this section, criminals and tax evaders get their undeclared money whitened by paying just an extra 3 to 4 per cent to any money exchange dealer to get remittances fixed in their names.
It is thus clear, brilliantly explained by Dr. Akmal Hussain in Restructuring for economic democracy, that “the institutional structure of Pakistan’s economy is designed to generate rents for the elite at the expense of the middle classes and the poor.” It is this structural characteristic of the economy and not just bribery that prevents sustained high economic growth and equity in Pakistan. Unless we change this structure of economy, the morbid story of corruption and tax evasion will continue. In the presence of these maladies, no decision of Supreme Court can help Pakistan progress and become an egalitarian state.
Uzair Baloch spills the beans about #PPP top leaders' corruption & backing of #crime, violence in #Karachi #Pakistan
https://tribune.com.pk/story/1526890/uzair-baloch-spills-beans/
In his confessional statement, dated April 29, 2016, Uzair testified that he joined a gang led by Abdul Rehman alias Rehman Dakait in 2003 and was incarcerated in the Central Jail, Karachi where he was appointed incharge of the prisoners belonging to the Pakistan Peoples Party (PPP) on the recommendation of then jail superintendent Nusrat Mangan and PPP leader Faisal Raza Abedi.
In the statement available with The Express Tribune, Uzair disclosed that he assumed full-fledged command of the gang after Dakait was killed in an encounter in 2008 and formed an ‘armed terrorist’ group under the name of the Peoples Aman Committee (PAC) and became its chairperson.
He confessed to have collected Rs20 million extortion from different persons and departments every month, adding that the fisheries department would pay Rs2 million.
He also disclosed that PPP MNA Faryal Talpur, sister of party co-chairperson Asif Ali Zardari, was given Rs10 million extortion every month. According to the alleged gangster, Dr Saeed Baloch and Nisar Morai were posted to the fisheries department on his recommendation.
“I maintained a friendly relationship with the [then] Karachi Capital City Police Officer Waseem Ahmed, SSP Farooq Awan and his brother Shahadat Awan [a lawyer and currently posted as prosecutor general of Sindh],” Uzair disclosed, adding he had done several favours for them, including helping Farooq and Shahadat encroach land in Malir. He also got Farooq to collect Rs150,000 to Rs200,000 in extortion every month.
The incarcerated gangster disclosed that on the insistence of Senator Yousuf Baloch he met the then chief minister Qaim Ali Shah and Talpur and asked them to get the head money and cases against him withdrawn, which was eventually done by Talpur and Zardari.
In his statement, Uzair disclosed that after the Karachi operation was intensified he was called through Qadir Patel and Senator Yousuf by Talpur to her Defence residence, where Sharjeel Inam Memon and Morai were also present. According to him, Talpur discussed various issues the including Lyari gang war, and offered to hide his personal arms and explosives and have Sharjeel and Morai handle his financial affairs and Yousuf and Patel handle affairs in Lyari if he wanted to flee the country.
He testified to have done various illegal works for the party, including helping Patel encroach land and providing 500 jobs to criminals on Yousuf’s insistence. He also admitted to have helped Owais Muzaffar Tapi, Zardari’s foster brother, illegally occupy 14 sugar mills that were later purchased at lower prices.
Uzair also claimed to have sent 20 of his men to harass residents around Bilawal House on Zardari’s instructions and force them to sell 30 to 40 bungalows to Zardari at lower prices. The gangster said he came to know about a plan to kill him while in police custody, so he pleaded to have his custody transferred to the Rangers.
The former Lyari kingpin had also requested complete protection, apprehending that he and his family members could be killed after these revelations, as he expected revenge from Zardari and other politicians he named in his statement.
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L’Oréal Philippines Continues to Push for Women Empowerment in the Field of Science L’Oréal’s ‘For Women in Science’ program opens its second cycle in the Philippines
L'Oréal has continued to encourage women to become empowered and inspired to make a difference in the country. This is manifested by their recent For Women in Science Program.
Metro Manila, 2018 - 2018 marked a milestone for the field of science in the Philippines as it saw the return of L’Oréal’s For Women In Science (FWIS), a global program in partnership with United Nations Educational, Scientific and Cultural Organization (UNESCO). Established in 1998, FWIS aims to support and recognize women researchers who have dedicated their work in finding solutions to the some of the world’s most pressing challenges, as well as encourage young women to take the first step in changing the world through their exceptional ability in the field of science and technology.
Beginning this November, L’Oréal Philippines and UNESCO once again opens FWIS nominations to Filipino women researchers and scientists who are PhD holders until end March 2019. A grant of PHP 400,000.00 will be given to the National Fellow to be awarded on June 2019. To join, interested parties may visit www.forwomeninscience.com.
Carmel Valencia, L’Oréal Philippines’ Corporate Communications Manager shares, “Our commitment to science, and our belief in recognizing women scientists and their outstanding achievements are manifested in our For Women In Science initiative. We want to ensure that research in every field takes full advantage of the intelligence, creativity, and passion of women. Our fundamental belief is that the world needs science and science needs women, because women in science have the power to change the world.
L’Oréal Philippines celebrated the return of the program in the country last June 5 through the awarding of the newest FWIS National Fellow for the Philippines– chemical oceanographer Dr. Charissa Ferrera. Her work focuses on educating and advocating for water quality improvement and more sustainable practices in the waters of Anda and Bolinao. Five months after winning the program, Ferrera continues to work alongside science communicators, social scientists, and local government units to improve the fisherfolks’ environment and their livelihood.
“The program provided me with a truly great opportunity to take my research, apply it in communities where it will be most useful in, and create social impact – something that I have always strived to do as a scientist. It was also a chance to raise awareness and inspire more individuals to pursue careers in science,” shares Ferrera on winning the National Fellowship in 2018.
L’Oréal Philippines and UNESCO both believe that continuing the conversation and shedding light on the different factors that deter careers in the field is essential to truly move the needle towards closing the gender gap in the sciences.
“In 2018, we embarked on this journey with L’Oréal Philippines to provide Filipino women researchers and scientists a platform to overcome the challenges they face in the field. In 2019, we want to continue the journey and include more stakeholders in the conversation to be able to inspire development and purposive action towards enabling women to be leaders in science,” said Prof. Shahbaz Khan, Director and Representative of UNESCO Jakarta Office and Cluster Office for the Philippines, Brunei Darussalam, Indonesia, Malaysia and Timor Leste.
For more information on the program, e-mail fwisphilippines@loreal.com.
About For Women In Science
Founded in 1998, the L’Oréal-UNESCO For Women in Science partnership was created to recognize and promote women in science. Its programs reward established women scientists whose outstanding achievements have contributed to the advancement of scientific knowledge and provide support to promising young women who are already making significant contributions in their scientific disciplines.
About L’Oréal Philippines
L’Oréal Philippines has been present in the country as a wholly owned subsidiary of L’Oréal since 1994. Based on the unique and diverse beauty needs of every Filipino, L’Oreal Philippines manages a portfolio of the most technologically advanced brands across several beauty categories and present across all beauty channels, including L’Oréal Paris, Maybelline New York, Garnier, Kiehl’s, Ralph Lauren, Giorgio Armani, YSL, L’Oréal Professionnel, Kérastase, and Matrix.
As one of the big beauty players in the country, L’Oréal Philippines has also made its contributions as a good corporate citizen to the country over its 25 years of presence. It is our priority and commitment to reduce the impact of our activity on the planet and bolster positive socio-economic impact on the lives of people and communities in the Philippines. This has been done through our various philanthropic activities such as “Beauty For a Better Life,” and “Citizen Day”.
L’Oréal has devoted itself to beauty for over 100 years. With its unique international portfolio of 34 diverse and complementary brands, the Group generated sales amounting to 26.02 billion euros in 2017 and employs 82 600 people worldwide. As the world’s leading beauty company, L’Oréal is present across all distribution networks: mass market, department stores, pharmacies and drugstores, hair salons, travel retail, branded retail and e-commerce.Research and innovation, and a dedicated research team of 3 885 people, are at the core of L’Oréal’s strategy, working to meet beauty aspirations all over the world. L’Oréal’s sustainability commitment for 2020 “Sharing Beauty With All” sets out ambitious sustainable development objectives across the Group’s value chain.For more information: http://mediaroom.loreal.com/en/
“This news release does not constitute an offer to sell, or a solicitation of an offer to buy L'Oréal shares. If you wish to obtain more comprehensive information about L'Oréal, please refer to the public documents registered in France with the Autorité des Marchés Financiers, also available in English on our Internet site www.loreal-finance.com. This news release may contain some forward-looking statements. Although the Company considers that these statements are based on reasonable hypotheses at the date of publication of this release, they are by their nature subject to risks and uncertainties which could cause actual results to differ materially from those indicated or projected in these statements."
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High stakes in the final battle
As this is written Australia has begun a postal plebiscite to gauge the opinions of all adult Australians on whether the definition of marriage should be changed to include same sex relationships.
The stakes are surprisingly high: free speech, freedom of religion, gender fluidity indoctrination in schools, children denied access to either a biological father or a biological mother and the truth.
'God created man in the image of Himself, in the image of God He created him, male and female He created them. This is why a man leaves his father and mother and joins himself to his wife and they become one body.' Genesis 1:27, 2:24
The truth is something you can only accept or reject. The truth is something that cannot be changed.
If these passages from Genesis are true, then marriage and family is God's idea and God's plan for human happiness and the well-being of each person. If these passages are true, then what we are seeing today is the final battle of our era forcing each person to choose whether to live in a God designed world or to live in a world in total rebellion against God.
It is a final battle in a war that began a bit over 100 years ago.
Most of the preceding battles were lost, and you can only truly understand this war if you grasp how badly the enemy wants to completely undo all of God's handiwork. Let's take a walk through history….
We start with the forces of nationalism which didn't want to see a humanity united under Christendom anymore. Nationalism was a significant contributing factor to World War 1. Many of those who came back from the war questioned God's existence in the face of so much human misery. While the troops were away, women needed to take on roles to keep things going back home. They found that they could do the same jobs.
Equal pay for equal work became the slogan. It won, but something of great importance was lost. The reason men had higher rates of pay was so that their pay could support a family, a single woman didn't have a family to support. Today we see that by and large both fathers and mothers have to work to earn enough to support a family, and the children have lost a full time parent.
It was a surprise to learn that a hundred years ago there were separate areas for women and men to swim. As that changed the bathing costumes did too, from outfits that covered most of the body to outfits that cover little of the body. Outings that used to be fun of innocent fun to the beach or to the baths now began to be unscripted beauty pageants and dangerous for those who wanted to remain chaste in body, mind and spirit.
For women skirts became shorter, necklines began plunging, and sleeves began their disappearing act. When the skirts could become no shorter they transformed into shorts, trousers, jodhpurs, and leggings. As modesty moved out, so did the kind of femininity that inspired chivalry in men. Now women rarely wear clothing different from men, making us often resort to checking out hands and cheeks to determine who is who. Sadly we don't hear 'Vive la difference!' much anymore.
Back a hundred years ago, marriage and motherhood and courtship were honoured. To file for divorce you had to go through a public court case and prove that you had grounds for your case. The difficulty and cost were a useful deterrent and many couples got through the bad patches with the help of family and friends and found they had a better marriage when the bad patch lifted. Divorce used to be looked on as a public failure. Then came 'no fault' divorce and many salvageable marriages came to an end, many families were broken, many women became sole bread winners for their children and faced an endless struggle street, and the children internalised the conflict. 'Till death do us part' became in practice 'Till I get unhappy' or 'Till I find someone else'. A few learned that they would be less unhappy if they stayed together than if they remained separated and divorced, but most didn't.
The advent of the contraceptive pill began to split the unitive and procreative aspects of marriage apart. It was now possible to access the goods of marriage with none of the accompanying responsibilities, and if the contraceptive failed then pressure was applied to induce an abortion. This so called women's liberation reduced women from potential life-long partners to objects and one night stands and hardened the hearts of women with pain, loss, abandonment and guilt. Being a single mother lost its stigma, but none of its hardship.
The introduction of recreational drugs enabled people to get the highs without effort that people used to get (and can still get) from serving others, self-sacrifice for a worthy cause, work well done, and encounters with God in prayer.
The next battle was inclusive language. So that the perceived patriarchal bias would no longer offend anyone there was pressure to talk about humankind rather than mankind, and to remove as many references to 'he' and 'she', 'his' and 'hers' in as many documents, hymns and scripture translations as possible. Achieving this was another step in paving the path to introducing gender fluidity.
Another lost battle was the refusal to love ourselves as God had made us. What a list! Cosmetic surgery, hair dye, hair removal, HRT, metal body piercings, tattoos, implants etc. And when all this began to be considered normal, gender reassignment surgery became a logical progression.
The HIV/AIDS epidemic of the 1980's focused worldwide attention on homosexual subculture. New levels of compassion and understanding came from this, but also greater levels of social and creative activism. Gradually almost every successful movie and television series had to portray someone in a same sex relationship.
To really win the battle to reject God's plan for male and female to reflect His image in marriage, it was necessary to undermine the credibility of the churches. The horrible crimes against children are not a clergy problem per se as much as a problem throughout society and families; clergy being members of society and family. There's no money and useful publicity in dragging a relative to court, but there's plenty to be had by taking clergy to court.
And so we come to the final battle between God's plan for humanity and the complete rejection of God's plan for humanity. Is it to be male, female and marriage between a man and a woman? Or is to be the multiplicity of gender identities; parent 1 and parent 2; and the legal unions between any 2 (or more) persons classified as marriage?
What will you choose? Which will you battle for? To live in a God designed world? Or to live in a world in total rebellion against God?
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19, 1861 - William Howard Russell departs Memphis for Columbus, Kentucky, via Troy and Union City, Tennessee
By the time I had arrived at the [train] station my clothes were covered with a fine alluvial deposit in a state of powder; the platform was crowded with volunteers moving off for the wars, and I was obliged to take my place in a carriage full of Confederate officers and soldiers who had a large supply of whiskey, which at that early hour they were consuming as a prophylactic against the influence of the morning dews, which hereabouts are of such a deadly character that, to one quite safe from their influence, it appears to be necessary, judging from the examples of my companions, to get as nearly drunk as possible. Whiskey, by-the-by, is also a sovereign specific against the bites of rattle-snakes. All the dews of the Mississippi and the rattle-snakes of the prairie might have spent their force or venom in vain on my companions before we had got as far as Union City.
Whatever may be the normal comforts of American railway cars, they are certainly most unpleasant conveyances when the war spirit is abroad, and the heat of the day, which was excessive, did not contribute to diminish the annoyance of foul air – the order of whiskey, tobacco, and the like, combined with the innumerable flies. At Humbolt [sic], which is eighty-two miles away, there was a change of cars, and an opportunity of obtaining some refreshment, -the station was crowded by great numbers of men and women dressed in their best, who were making holiday in order to visit Union City, forty-six miles distant, where a force of Tennessean and Mississippi regiments are encamped. The ladies boldly advanced into carriages which were quite full, and as they looked quite prepared to sit down on the occupants of the seats if they did not move, and to destroy them with all-absorbing articles of feminine warfare, either defensive or aggressive, and crush them with iron-bound crinolines, they soon drove us out into the broiling sun.
The portion of Tennessee through which the rail runs is exceedingly uninteresting, and looks unhealthy, the clearings occur at long intervals in the forest, and the unwholesome population, who came out of their low shanties, situated amidst blackened stumps of trees or fields of Indian corn, did not seem prosperous or comfortable. The twists and curves of the rail, through cane brakes and swamps exceeded in that respect any line I have ever traveled on; but the vertical irregularities of the rail were still greater, and the engine bound as if it were at sea.
The city of Troy [Obion County] was still simpler in architecture than the Grecian capitol. The Dardanian towers were represented by a timber-house, in the veranda of which the American Helen was seated, in the shape of an old woman smoking a pipe, and she certainly could have set the Palace of Priam on fire much more readily than her prototype. Four sheds, three log huts, a saw-mill, about twenty negroes [sic] sitting on a wood-pile, and looking at the train constituted the rest of the place, which was certainly too new for one to say, Troja Fuit,[1] whilst the general "fixins" would scarcely authorize us to say with any confidence, "Troja fuerit."[2]
The train from Troy passed through a cypress swamp, over which the engine rattled, and hopped at a perilous rate along high trestle work, till forty-six miles from Humbolt [sic] we came to Union City, which was apparently formed by aggregated meetings of discontented shaving that had traveled out of the forest hard by. But a little beyond it was the Confederate camp, which so many citizens and citizenesses [sic] had come out into the wilderness to see; and a general descent was make upon the place whilst the volunteers came swarming out of their tents to meet their friends. It was interesting to observe the affectionate greetings between the young soldiers, mothers, wives and sweethearts, and as a display of the force and earnestness of the Southern people – the camp itself containing thousands of men, many of whom were members of the first families in the State – was specially significant.
There is no appearance of military order or discipline about the; camps, though they were guarded by sentries and cannon, and implements of war and soldiers' accoutrements were abundant. Some of the sentinels carried their firelocks under their arms like umbrellas, others carried the but [sic] over the shoulder and the muzzle downwards, and one for his greater ease had stuck the bayonet of his firelock into the ground, and was leaning his elbow on the stock with his chin on his hand, whilst sybarites less ingenious, had simply deposited their muskets against the trees, and were lying down reading newspapers. Their arms and uniforms were of different descriptions – sporting rifles, fowling pieces, flint muskets, smooth bores, long and short barrels, new Enfields, and the like; but the men, nevertheless, were undoubtedly material for excellent soldiers. There were some few boys, too young to carry arms, although the zeal and ardor of such lads cannot but have good effect, if they behave well in action.
The great attraction of this train lay in a vast supply of stores, with which several large vans were closely packed, and for fully two hours the train was delayed, whilst hampers of wine, spirits, vegetables, fruit, meat, groceries, and all the various articles acceptable to soldiers living under canvas were disgorged on the platform, and carried away by the expectant military.
I was pleased to observe the perfect confidence that was felt in the honesty of the men. The railway servants simply deposited each article as it came out on the platform – the men came up, read the address, and carried it way, or left it, as the case might be; and only in one instance did I see a scramble, which was certainly quite justifiable, for, in handing out a large basket the bottom gave way, and out tumbled onions. Apples, and potatoes among the soldier, who stuffed their pockets and haversacks with the unexpected bounty. One young fellow, who was handed a large wicker-covered jar from the van, having shaken it, and gratified his ear by the pleasant jungle inside, retired to the roadside, drew the cork, and, Raising it slowly to his mouth, proceeded to take a good pull at the contents, to the envy of his comrades; the pleasant expression upon his face rapidly vanished, and spurting out the fluid with a hideous grimace, he exclaimed, "D___; why, if the old woman has not gone and sent me a gallon of syrup." The matter was evidently considered to serious to joke about, for not a soul in the crowd even smiled; but they walked away from the man, who, putting down the jar, seemed in doubt as to whether he would take it away or not.
At last we started from Union City….
Russell, My Diary.
19, 1862 - Letter from R. C. Bransford to Miss Josephine H. Hooke, relative to loneliness and news from Middle Tennessee in the wake of Forrest's raid
July 19/62
Miss Josephine:
I received your letter of the 9th Inst. but I had so much to do when I arrived at this place that I hardly knew at what point to begin.
I now realize the difficulty of one person trying to do, or discharge the duties of more than one officer, it was ever my luck to fall heir to the duties of the acting Secty. & Tr., which I regard as an unenviable position.
I learn from persons just from Nashville that Mr. Gleaves had arrived at home, in the City, was walking about, and had not been molested by Andy Johnson.
Mr. Porterfield, I understand, b[r]ought trouble upon himself on [the] 4th [of] July last by getting [in] a joyful way and exhibiting a Session [sic] flag in from of the St. Cloud Hotel.
I feel that the day is not far distant when I shall be allowed to once more visit my home, the dearest place to me on earth, and that the Northern Vandals [sic] will be driven from the soil of our beloved Tennessee. I learned this morning that Genl. Buel [sic] has fallen back from Bridgeport & Battle Creek to Tullahoma, where I think they will make a stand for a short time, to enable his army to make a successful retreat from Tennessee. I think Buel [sic] will attempt to make a final stand at Bowling Green, Ky., if our army makes an advance movement into Middle Tennessee, which they will be sure to do if the enemy will fall back as we advance until they get into Ky.
I presume you have heard of the capture of Murfreesboro by Gen. Forrest, the fight commenced at 4 o'clock A.M. [sic] and lasted until 2 P.M. [sic], he took 1200 prisoners, killed 200, one Battery, one Major, and one Brigadier Genl. was captured.
He destroyed and captured though ½ Million Dollars worth of army stores the N. & C. R. R. Depot was burned. It contained over two hundred thousand dollars worth of Commissary Stores. It is said to be one of the most brilliant feats performed since the war commenced.
Gen. Forrest also hung a man by the name of Ashburn, who acted the part of a traitor to our cause.
It is said that Middle Tennessee is at present all in a blaze, the enthusiasm of our friends is beyond conceptions they hope soon to be set free from the hand of the appresor [sic], "so mote it be." [sic]
I am sorry you are so lonely in your adopted home. I can appreciate and sympathize deeply with you to leave home & go so far away in the midst of strangers is not a pleasant task.
Do you know that I look upon you as being one of the best friends I ever had in my life and that I could entrust you with the most sacred secrets of my heart. [sic] It is true, and I hope you regard me in the same light.
I could tell me [sic] many amusing anecdotes in regard to one person, that I have heard since I saw you last, but will defer telling you until I see you, which I hope will be soon.
I regret that I was deprived of the honor of being one of the party who gave you such a nice serenade. How I envy those fellows. I hope they have repeated their visit. It is most cheering to one so far away from the scenes of early life. I hope you will not give up your Tennessee sweetheart and take a young knight of Georgia.
The young gent who asked after you on my first visit to this place is at present in the City, having just returned from Lynchburg. I do not believe he is any sweetheart of yours. It was J. T. W.: who is he that can claim as your sweetheart, you say he makes Chattanooga his headquarters. You had better not tell me, I might have a spider put in his dumpling. [sic] I know you would then grieve yourself to death.
I am very much pleased with the sweetheart you gave me. She is very pretty, and will make a good wife, but it would be presumption in me to think that she cared a straw for one so unworthy of her as myself. How do you know but what she loves someone else, and you do not know but I may love some one else better than I do her, if that be so, what course will you pursue in that case. [sic]
I have not seen Will Ward, the young man I gave you, since I left Marietta. I understand that he has returned to his home in Carthage.
I have not seen Miss Ellen's paragon I hope the Yankees have caught him.
Chattanooga is as dull as a meat axe. [sic]
Milt Anderson watches me like a hawk would a chicken when I come into his presence he slips close to me to see if he can detect the smell of wh-y [sic].
When do you expect to move up?
Gordon has rented another house. I hope your Paw will move soon.
Mr. Anderson wishes to be remembered to your family.
Please present my regards to Miss Nellie, Miss Ellen, Miss Georgia, yourself, your Ma, and all the children.
Please write soon, and believe me, as ever
Your devoted friend
R. C. Bransford
P.S. Mr. Cole's[3] child died on Friday last.
Since closing this, a gentleman informs me that Gen. Buel [sic] is not falling back as reported and Genl. Forrest did not hang Ashburn, but holds him as a prisoner.
W. P. A. Civil War Records, Vol. 2, pp. 51-53.
19, 1863 - The Cyprians' Progress,
"The Frail Sisters." – The Cincinnati Gazette of the 17th says:" The Idahoe came up yesterday from Nashville, bringing a cargo of one hundred and fifty of the frail sisterhood of Nashville, who had been sent North under military orders. Where does no seem to be much desire on the part of our authorities to welcome such a large addition to the already overflowing numbers engaged in their peculiar profession, and the remonstrance were so urgent against their being permitted to land that the boat was taken over to the Kentucky shore; but the authorities of New port ad Covington have no greater desire for their company, and the consequence is that the poor girls are still kept on board the boar. It is said (on what authority we were unable to discover) that the military order issued in Nashville has been revoked in Washington, and that they will all be returned to Nashville again.
Nashville Daily Union, July 19, 1863.
19, Municipal justice in occupied Nashville, 1864 -
Recorder's Court. - There was no falling off in the business before the Recorder yesterday morning, and the court was occupied from 9 to 1 o'clock.
Mr. and Mrs. Morgan, friends of Marshal Chumbley and the city Attorney, were charged with abusing Mrs. Mayan, an inmate of the house in which the defendants resided. Fined $5 and costs.
John Mayor was arraigned for tippling without a license.
For want of proof he was discharged.
Marcus Combs, a negro [sic] was arrested for stealing whiskey from the firm of E. A. & T. C. Richards, and Church Jackson, another colored individual, was charged with receiving the stolen goods. One of the members of the firm found two bottles of whiskey on the person of Marcus, and defendant admitted that he had previously taken four bottles. According to the testimony, the proprietors had allowed him to sell liquor and had received money therefor. Judge Turner and M. M. Brien, jr., appeared for the defence, and defended their client ably – the Judge occupying the floor for over an hour. They submitted to the court whether the case could be considered larceny or not, as the evidenced did not sustain the charge of feloniously taking away of whisky [sic], but on the other hand, the testimony shows that he had been allowed the privilege of selling, and the prosecutor had received money from the sales effected. The Recorder required Marcus to give bond in the sum of $500 and appear before the next term of the Criminal Court, and no evidence appearing to sustain the charge against the other defendant, he was discharged.
Charles McAlister was required to answer the charge of stealing a hat from W. P. Campbell. Campbell testified that he was asleep in his hack about 12 o'clock on Monday night, and when he awoke, his hat was missing, and the next morning he found it in the possession of McAlister when he had him arrested. McAlister said in self-defence that a man named Daily had given him the hat. Committed to jail in default of $500 bail to appear before the next term of the Criminal Court.
G. H. Stubbs, a countryman, was found feeding his horses on the public square. Being in direct violation of corporation law, he was fined $5 and costs.
Ellen Stowe was arrested on a State warrant, charged with committing an assault and battery on Ada Wyatt, and a corporation warrant was also served on both for disorderly conduct. According to evidence, a fight occurred in the jungles between Ellen Stow and Ada Wyatt, one party being equally a guilty as the other. During the melee, Ada received a cut in the head from a slung shot, and was stabbed four times in the breast. The testimony throughout was disgusting, going to show the immorality and wretchedness of existing affairs in Smoky. On the State warrant, Ellen was fined $50, and $50 on the corporation warrant, and $5 was imposed on Ida Wyatt. Li M. Temple for the latter, and M. M. Brian for the former.
Mr. Burgen was accused of trespassing on the property of Peter Wells, or, in other words, running his hack into one belonging to Peter. The court considered it accidental, and discharged the defendant.
The last case before the court was a charge against the efficient Deputy Marshal, W. H. Wilkinson, and the Sunday policeman, John Frith, who had a little fight about a case presented on Monday morning. The Recorder required them to pony up each $5 and costs.
For drunkenness, Thomas Yates; G. W. Smith, John Williams, W. Grisham, and Wm. Wells, had the usual fine to settle.
Nashville Daily Press, July 20, 1864.
[1] "Troy was."
[2] "Troy will have."
[3] Mr. Cole was president of the NC&StL Railroad and a close associate of Judge Hooke, who owned stock in the company. Apparently either Cole or Hooke was acting superintendent of the railroad at the time.
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The preservation of art environments, an introduction
by Lisa Stone
Some art environments are in the process of creation while others languish in ruin. Several have achieved official historical significance and status according to conventional preservation standards, and a number of sites have been listed on the National Register of Historic Places. And although many sites have been lost, fortunately a growing number of such environments have been restored and preserved as historic, cultural, and community resources—treasures of our built environment.
Although art environments exhibit exceptional diversity, physically and visually, one of the significant elements they share is the fact that, as a genre, they have inspired people around the country to care deeply about their continued existence. The growing number of individuals and organizations that have emerged to preserve and maintain such environments is paralleled by the expanding recognition of art environments as significant, recurrent, and enduring facets of our nation’s built environment. Yet the stewardship of such environments is generally being managed and conducted by those who, while sharing common preservation challenges and goals, function primarily on a grassroots level, largely in isolation from one another, and often outside of mainstream preservation communities. Like the mainstream historic preservation field, the history of the preservation of art environments is replete with heated political struggles, debates over methodologies, funding obstacles, ruinous “acts of God,” marvels of individual commitment and great collaboration, and the challenges of ongoing preservation.
Steps you can take to save and preserve an art environment
This toolbox is intended to assist people, communities, and not-for-profit organizations who own or are responsible for an art environment, or are concerned about an art environment that is threatened. While addressing the preservation of an art environment is daunting, there are a number of successful preservation projects, and there are many supporters across the country and around the world. It is not necessary to reinvent the wheel or go it alone. SPACES strives to be a clearing house for information about site preservation.
If you are new to the field of historic preservation, the book Basic Preservation is a good introduction. SPACES also recommends that you read through the National Park Service’s website to learn about the fundamentals of listing a property in the National Register of Historic Places. In addition, SPACES highly recommends that you review and become familiar with:
The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Best Practice Report: Preserving and Interpreting Art Environments
What elements should be considered in preparing to launch preservation activities?
A range of circumstances impact the preservation of art environments, including:
Often property ownership is known, but other times it may be unknown, disputed, or unclear. Before any action can be taken, it is necessary to determine who owns the site. This can generally be done by conducting title research at the local courthouse.
Are the owners trying to save the site, or are concerned individuals or a community trying to save it? If preservation efforts are being conducted by non-owners, it is necessary to gain the approval and support of the owners before moving forward. Issues to negotiate include:
Who will be responsible for a preserved site? Will the owners operate it, or will it be operated by a community organization or non-profit organization? (And does such a formal entity exist, or will one have to be established?) If the proposed operators will not be the owners, it is wise to outline the relationship between the owners and the operators in a formal document prior to beginning preservation and maintenance activities. Issues to address include:
Who is responsible for maintenance? Outline ongoing maintenance needs, such as lawn/garden care, building maintenance, maintenance and repair of works of art.
Who is responsible for expenses (utility bills, taxes, other expenses)? This can be outlined in the document mentioned above.
Are there any back taxes owed or any other outstanding bills which would need to be addressed before preservation activities can be addressed?
Does the site comply with local codes and zoning regulations? If a site is in violation of codes or zoning regulations it may be necessary to apply for a Special Use Permit (SUP), in order to provide access to the public. It will help to have language demonstrating the site’s cultural and community significance, complemented by a significant level of community support, in order to bolster the need for a SUP as the request is submitted to local officials.
Are there any elements of the site that present a demonstrated public danger or that could be construed as a public “nuisance?” These elements will have to be addressed before a SUP can be submitted.
Condition of the site: Is the site in good or reasonable condition, or is conservation necessary? Are there urgent needs that need to be addressed to stabilize components of the site? Additional information about steps to take to preserve a site appears below.
Local acceptance of the site as an artistic and cultural resource: Is the local community supportive? Steps to build support are outlined in the sample preservation plan.
Will the site be open to the public?
There may be zoning issues that impact the formal availability of the site to the public. These will need to be researched, identified, and addressed.
Identify days and hours for public access.
Identify how the site will be staffed during those times, if the owners are not on-site.
Consider if there will be an admission fee or a donation box. Who will manage the income? It is wise for a separate bank account to be established to accommodate the new revenue.
Resources for operation and ongoing maintenance:
Identify community members who will operate and maintain the site. Typically it is best to have a member of the team on-site whenever the public is given access. Who will organize these schedules?
Identify preservation professionals who can assist in site preservation.
If you need feel that establishing a 501 (c)(3) non-profit organization would best address the ongoing needs of the site and you need assistance, consult with people at art environments operated by non-profit organizations, listed on SPACES website, and/or check with other cultural non-profit organizations in your community, state or region. Much information about forming non-profit organizations can also be found online.
Identify and prioritize allocation of revenue income: will it pay a caretaker? Provide for ongoing maintenance? Support emergency preservation? Although initial income may not appear significant at first, it is wise to prioritize the targeted use of this income, to avoid problems later, particularly if the owners are not the ones initiating the preservation activities.
Develop a budget for operating the site annually. See the sample Site Preservation Business Plan.
Protecting a threatened site
If the site is threatened by neglect, vandalism, negative community opinion, changes in property ownership, violation of code ordinances, or other factors, it is essential to protect the site. We recommend doing so with a positive approach, with welcoming language that inspires public interest and support.
Before describing the proactive activities you can undertake, there are things you might do, meaning well, that should not be done. We recommend that all interventions be guided by a Preservation Plan, and that no one undertake any activities regarding the preservation of the site until everyone involved has been briefed on priorities and processes.
Do not move or remove any elements until they have been documented thoroughly, permission to move and store them has been secured, and a plan, including written permission from the owner(s,) is in place.
Do not attempt to repair any elements until they have been documented thoroughly, and a preservation plan, guided by vintage documentation and a full understanding of the site’s history, is in place.
Take care in removing organic overgrowth. Only remove weeds, shrubs, seedlings, trees, or any organic growth if you’re certain that they are not part of the original composition.
Only clean elements using methods condoned and recommended by site preservationists and/or conservators. Cleaning, while well-meant, can sometimes cause irreparable damage.
If a site is open to the public and unprotected, and you have written permission to intervene, the following methods are recommended:
Erect a fence around the site to prevent intrusion until the site can be stabilized. Many sites deteriorate beyond reclamation because vandals and others are allowed access during (sometimes) long periods when a site is in limbo and is unprotected.
If architectural or sculptural elements are deteriorating and weather is causing further deterioration, after thoroughly documenting the existing condition, cover with tarps and/or elevate from the ground and cover. When covering elements other than roofs, it is essential to provide for air circulation, so you don’t create an “aquarium” effect that will actually promote accelerated deterioration.
Erect prominent signage, using positive language, about the status of the site.
[This site]
is currently closed while we explore a plan to
preserve it for the public.
[This site] is an irreplaceable cultural and community resource.
We urge you to respect this request and kindly refrain from entering.
Please support our efforts to preserve [This site].
For information and/or to contribute to the preservation project
Emergency Interventions
If you're concerned about an art environment that's immediately threatened and you want to raise public awareness, some strategies include:
Advocate for preservation of the environment through the media. Letters to public officials, editors of newspapers, television stations, etc. are at times successful in raising awareness and staying the execution, but letter-writing campaigns can at times be easily buried. Sample advocacy letters:
Herman Rusch Prairie Moon Museum and Sculpture Garden
Rubel Castle Historic District NHRP Nomination
The Road Less Traveled Conference Document by Anne Pryor
Engage social media (facebook, electronic petitions) to broadcast your message.
Site documentation, basic steps
Thorough documentation of an art environment as an art, historical, and cultural resource cannot be underestimated. Site documentation is a significant component of your “toolbox” and is essential in supporting all aspects of preservation and ongoing maintenance. The outline below assumes that an individual or organization is addressing an art environment that has not been previously documented, and that the site may be threatened. We begin with basic information about what to do and what not to do, followed by specific suggestions for site documentation.
SPACES considers art environments to be irreplaceable artistic, cultural, and historical resources which are essential to the fabric of their local communities. Art environments, to varying degrees per site, are comprised of elements of art, architecture, and landscape features. All features are equally important, and although all components fit together to support the whole, each should be documented separately and thoroughly, in addition to overall site views.
Documentation methodology
Finding, making, and organizing photo-documentation, and keying that documentation to a site plan, is essential and serves several purposes over time. All efforts should be made to 1) gather vintage documentation, 2) create and organize contemporary photo-documentation, and 3) create a site plan.
1. Vintage documentation
All images of the site as it appeared during the artist’s lifetime should be gathered and archived, because they will be used to guide all preservation activities: the goal of site preservation should be to preserve the site, as closely as possible, in its condition, as created by the artist. In most cases, the site changed significantly over the course of the artist’s lifetime, as well as subsequently, so for sites that evolved or changed dramatically over time it is often wise to identify a specific time period to target for preservation activities. Even if a particular time frame is identified as the target for preservation, however, it is still important to gather any and all documentation of the site in all of its states over the years.
Research and organize all vintage photo-documentation and make sure all people who work on the site are aware of and guided by these essential images.
Contact the artist’s family members, neighbors, local historical societies, senior citizens in the community, and any other relevant sources, to locate every bit of vintage documentation of and about the site and the artist.
Have a plan to digitize all collected documentation. You don’t need to own the original, you just need a high quality image, or preferably, a high resolution digital file, of every image. Scan at the highest resolution possible.
It will help you in your queries, to assure all lenders of images, that:
Images will be used for preservation and/or educational purposes only. If publication of the image is desired, you will specifically contact them for permission with details of the project.
At this point you should also ask the lender if they will sign a release form allowing use of the image, in any way, to support site preservation, with the understanding that images will be credited appropriately. Ask the lender to provide credit information and date the image to the best of their ability.
Ask if images can be shared with SPACES, to be added to our database and/or posted on our website. (If there is concern about public visitation before the site is really “ready” to receive visitors, the website posting does not have to include an address or other identification that specifically discloses precise location.)
Organize vintage images and make sure they are available to everyone working on site preservation
2. Documentation of the site’s current condition
It is essential to thoroughly photo-document the current composition and physical condition of all elements of a site. You can never have too many photographs. Some hints:
Photographs are most useful when they are labeled and stored for ease of retrieval, and keyed to a site plan. (Site plan information appears below.)
Strategize your photo-documentation of the site. Begin with overall views from each direction or elevation. If necessary, try to get aerial or overhead views. Then take closer-in area views, also from each direction. Then take detail views of each component. Don’t forget the back side of frontally-oriented works.
Label your photos. A digital file title should include
Title or site plan name or designation
Identification of specific components by name the artist used for it, if possible
Date the photo was taken
If you have a site plan with each element identified (by a letter or number), label all your photos according to the site plan. Store in folders labeled accordingly. Back up your data and store duplicate copies, preferably off-site.
Create a drawing of the site that identifies all elements: architecture, structures/objects, landscape features, fixed and moveable elements, pathways, fences, and property boundaries. This can be done in phases. If you don’t have the knowledge or experience to create a site plan to scale, make a sketch with your best knowledge of the site, and use photographs to work out the details. It is often helpful to work with a satellite image from Google Maps to pinpoint the site, locate significant elements, and orient the plan. Start with the cardinal points (North, South, East, and West), and locate elements in a diagram. Please refer to the SAMPLE SITE PLANS to see a range of site plans.
You may be able to find a student, landscape architect, or other professional to create a site plan for you. Contact local colleges’ and universities’ Architecture, Historic Preservation, Archaeology, or Geography departments, and/or local vocational/technical schools to seek assistance. Also contact local/regional Historic Preservation staff for recommendations for assistance with a site plan.
Site Plan Designations
Once each element is located on a site plan, it needs to be labeled with a specifically designated letter or number. It is essential to give all elements a specific designation, as any fragments that are collected on-site should be tagged according to the element or area where it was found, and all conservation treatments should be described in a report, linked to the appropriate elements.
Art environments vary dramatically, so determining the most logical way to organize a site plan will depend on the types of elements on-site. If there are areas with a number of elements that comprise a single tableau of related elements, you might refer to such areas as:
i. East column
ii. North column
iii. West column
iv. South column
v. Roof
This way, all treatments can be described accurately, according to the element or sub-element, and all fragments can be labeled and stored for future reattachment or study.
Note: It is important to collect and organize all fragments that have become detached from a sculpture or structure. Photograph the object in the context of where it was found, BEFORE moving it; label your photo with the date and location, and its site plan designation. Indicate whether it is easy to identify the original location of the fragment or whether this is unclear. Fragments should be labeled and stored in a safe place; be particularly careful of broken edges, and try to avoid damaging them in any way, because the edges are typically extremely important in not only identifying the original location of the fragment, but also in its ultimate reattachment.
Learn about Historic Preservation
When beginning a preservation project, contact your local and regional preservation agencies and partners, as well as local and state historical societies. Click here for a list of Historic Preservation Resources by State.
If you live near a college or university that has undergraduate and/or graduate programs in Historic Preservation, Landscape Architecture, and/or Architecture, you may find faculty and students who are willing to help with your project.
Historic Preservation degree program resources:
The National Council for Preservation Education (NCPE)
Trades- and crafts-based programs:
American College of the Building Arts
North Bennet Street School
Pine Mountain Settlement School
Preservation Education Institute
West Kentucky Community and Technical College
The National Council on Public History
PreservationDirectory.com
Visit the National Trust for Historic Preservation website for additional resources.
An Introduction to Landmarking Art Environments
Since the National Register of Historic Places was authorized under the National Historic Preservation Act of 1966, a number of art environments have been listed in this register. Maintained by the National Park Service in the Department of the Interior, the National Register of Historic Places (NRHP) is the official list of districts, buildings, sites, structures, and objects (hereafter described as property) significant in American history, architecture, archaeology, engineering, and culture in the United States, which, by their designation, are deemed worthy of preservation.
The first art environment to be listed in the National Register of Historic Places was the Watts Towers of Sabato Rodia in Los Angeles, listed on April 13, 1977. The Watts Towers have the great distinction of also being honored as a National Historic Landmark. NHL status confers a higher range of significance “to all Americans,” on a national level, and is the highest landmark designation in the country. Grandma Prisbrey’s Bottle Village (Simi Valley, CA), is, to our knowledge, the only art environment in the country to have achieved landmark status on four levels: it has been designated a City of Simi Valley, County of Ventura, and State of California landmark, and is also listed in the National Register of Historic Places.
NRHP properties can be significant on the local, state, or national levels. However, it is important to realize that listing in the NRHP confers little actual protection from demolition, although if a property in the Register is threatened by demolition, or any kind of “undertaking,” the Section 106 process requires that the State Historic Preservation Officer (SHPO) review such an undertaking. Nevertheless, the SHPO has authority only over undertakings that engage Federal funds. Listing in the NRHP does, however, confer the status of historical significance upon a site, placing it within the context of diverse properties throughout the country which have been recognized, by rigorous review and stringent standards, as contributing significantly to the locality’s, state’s, or nation’s trajectories of history. The listing of art environments in the National Register of Historic Places, as well as on state and local landmark listings, has been an objective for SPACES since it was founded. Such designation places art environments within the country’s primary historic preservation programs and processes, creating an important link between properties often thought to be tangential and the more commonly-accepted cultural and historical resources, thus validating their importance for their local communities as well as the nation as a whole.
Listing in the NRHP requires that a property be evaluated and documented according to rigorous and uniform standards. One of the primary requirements for listing on the NRHP (although exceptions are made to this rule) is that the property must be fifty years old or more — the generally-accepted time frame for the evaluation of a property’s historical significance. The main component of the nomination form is the criterion for evaluation, which places a property in its historical context. Criterion for evaluation include:
Criterion A: Event. Properties can be eligible for the National Register if they are associated with events that have made a significant contribution to broad patterns of American History.
Criterion B: Person. Properties may be eligible for the National Register if they are associated with the lives of persons significant in our past.
Criterion C: Design/Construction: Properties may be eligible for the National Register if they embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.
Criterion D: Information Potential. Properties may be eligible for the National Register if they have yielded, or may be likely to yield, information important in prehistory or history.
In the sub-categories, called Considerations, Criterion G discusses properties of less than fifty years of age or those which achieved significance within the past fifty years. This consideration allows properties less than fifty years old to be considered, and has been used for several of the NRHP nominations for art environments. The rationale for designating sites less than fifty years old was eloquently argued in a NRHP thematic or multiple listing nomination form drafted by Seymour Rosen (note: although we no longer use the term “folk art” when referring to art environment sites, the general rationale remains compellingly argued):
Twentieth Century Folk Art Environments in California (submitted in 1978; however, the designation was not awarded until 1981):
Defining what is meant by a work of art is a highly subjective process. We believe that these works possess an integrity of design, a uniqueness of form, and a profound quality of expression which established them as works of art. Most of these works are less than fifty years old; however, we have included them in the nomination because we believe they are exceptional pieces of our cultural heritage and are worthy of recognition and preservation. They are the most recent examples of a tradition of folk art in America. They have been selected from a much larger group as being the most outstanding examples of this art form.
In 1978, seventeen years before the National Trust organized the conferencePreserving the Recent Past, this nomination form addressed the issue of preserving our recent past:
The ultimate value of cultural resources often transcends established perspectives. When a 1930 Shell Oil Service Station in North Carolina was added to the National Register in May of 1977, the Winston-Salem Sentinel offered this comment appropriate for all culturally valuable resources regardless of age: “When we consider the pace of modern events and the dizzying speed with which old customs and institutions give way to the new, it becomes clear that without preservation of some relatively modern and even mundane objects, whole chapters of American social history might quickly be lost…” These twentieth century folk art environments provide evidence for future generations to better understand the culture which spawned them.
From the National Trust for Historic Preservation’s website:
What is the recent past?
Preservationists typically define the recent past as a moving window encompassing resources constructed or designed within the past fifty years. Federal, state, and local preservation programs typically exclude properties fewer than 50 years old from historic designation programs and review processes. This leaves many historically and culturally significant properties unprotected from demolition or other adverse treatments.
Most successful nominations for art environments cite Criterion C, which includes properties that possess “the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.” This criterion is broad enough to include properties that are created by artists/architects/builders working inside and/or outside of recognized and accepted traditions. Thus, the National Register of Historic Places is by nature inclusive of the range of cultural resources, and is not limited to the codified standards and design guidelines that characterize many state and local landmark ordinances and preservation policies.
It is important to understand the mechanisms of the mainstream preservation field that embrace the preservation of art environments, as well as the territories where the two might conflict. One point of divergence lies in local landmark ordinances, which have the power to govern the visual appearances of their landmarks - both historic properties and properties within historic districts - according to very strict parameters. Such ordinances generally govern exterior alterations to properties with landmark status or properties within historic districts. These preservation ordinances, which are designed to preserve a community’s historic character in the face of rapid and often thoughtless change, might also prohibit the kinds of aesthetic expressions evident in many art environments, thus eliminating the potential for additional creation or expansion of those types of expressions that have been found to possess local, regional and/or national historical significance. As the mainstream preservation movement evolves within its own mandate towards “preserving the recent past,” hopefully it will formulate guidelines that recognize and accept such deviations from the canons of tradition, thus recognizing that sites that diverge from accepted traditions might become the landmarks of the present and future, as strongly as those which clearly refer and relate to past traditions.
Few individuals and organizations responsible for the care of an art environment have the resources to devote time to projects that do not directly relate to immediate preservation and/or fundraising activities. While NRHP status might be a goal, many individuals and organizations lack the time, personnel, expertise, and funds to pursue the nomination process. However, we encourage caretakers of art environments to pursue listing your site in the NRHP. Click here to find nomination forms for ten environments listed in the National Register. Seek assistance from your state preservation agency, and ask if there are individuals in your state or community who do nominations for hire, or on a volunteer basis.
Preservation is Child's Play: Saving a Mid-century City Park
Business and Financial Considerations
Supporters who hope to preserve an art environment will need to contend with numerous variables and challenges. This "toolkit" (prepared by Rich Gabe, in consultation with Jo Farb Hernández and Lisa Stone) is meant to acquaint those starting in the field, or those who have been involved for a time but are facing new challenges, with some of the organizational issues and possibilities. There is no one-size-fits-all preservation plan, and this toolkit is meant as an initial guide to some of the questions that may be raised. It is not meant to supersede or offer legal advice. An attorney or an accountant may be the best reference in many situations.
This toolbox was assembled with much assistance from Sarah Tietje-Mietz.
NRHP Registration Form Samples Sample Site Plans Environments: Threatened or For Sale Advocacy Sample Letters
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Quanza - A Moral Victory
In 1939, the ship St. Louis sailed from Europe with Jews fleeing the Nazi take-over. The ship was refused entry to any port in the Americas, and had to return to Europe. Anti-Semitism was alive and well in the United States, and the Nazis had a field day, crowing how no one wanted the Jews.
The following year, 317 passengers charted a Portuguese ship to take them to New York and Mexico. They had visas, but the captain suspected some were forged, and demanded they buy return passage should no one admit them.
A model of the SS Quanza on display in the University of Richmond law school library.
The Quanza arrived in New York City on August 19, 1940, where 196 passengers, American citizens or visa-holders, disembarked. The other 121, nearly all Jewish refugees, were barred entry.
In Veracruz, Mexico, only 35 passengers were allowed to disembark. Local authorities ordered the ship to return to Europe with the remaining 86 passengers, primarily Belgian Jews.
When the Quanza arrived in Norfolk, Virginia, to refuel, a Jewish maritime lawyer filed suit in federal court, suing the Portuguese National Line for breach of contract on behalf of four of the passengers. During the six days the ship was held in port, Jewish-American associations lobbied for the passengers’ admittance to the United States. First Lady Eleanor Roosevelt was apprised of the situation and appealed to her husband. The president sent Patrick Murphy Malin, a member of the President’s Advisory Committee for Political Refugees, to investigate the refugees’ status. He issued them all visas and they entered the United States on September 14.
President Roosevelt received roses with a note reading, "With everlasting gratitude for your humane gesture, from the refugees of the SS Quanza."
The State Department vehemently opposed their admittance. Assistant Secretary of State Breckenridge Long, a rabid anti-Semite, worked to block further immigration and, by mid-1941, almost no war refugees were admitted to the U.S.
connie cortright.com July 12, 2017 at 1:30 AM
I just read this today. Sorry it was so late, but I found it interesting that Eleanor Roosevelt appealed to President Roosevelt to help them out. Today's article mentioned that she didn't like Jewish people. That makes this very interesting.
Terri July 12, 2017 at 4:20 AM
Eleanor had many close friends who were Jewish, yet she did make comments that were anti-Semitic. Her remarks were typical for her time and class.
Lebensborn
Hollywood's Spies
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New Bird Flu Variant Found in Southern China
Deadly to poultry, latest outbreak of H7N9 prompts market closures, other preventative measures.
Wang Yiwei
A new strain of a potent avian influenza virus has been detected in southern China, leading to the closure of poultry markets in the region in an effort to safeguard public health.
On Sunday, the National Institute for Viral Disease Control and Prevention announced that the new, highly contagious variant of the H7N9 virus was the result of a mutation, or a change in genetic material that can alter the way a cell or virus behaves. The new strain was found in two hospital patients, both of whom had been exposed to birds before contracting the disease.
According to the World Health Organization (WHO), avian influenza, more commonly known as “bird flu,” is an infectious disease that can cause severe respiratory problems in humans who handle or come in contact with infected poultry. The current outbreak of H7N9 in China began in October 2016 with a human case in eastern China’s Jiangxi province. In January alone, 192 cases and 79 deaths were reported nationwide, according to statistics from health authorities.
China reported its first case of H7N9 in humans four years ago, in 2013. The virus is apparently at its most vigorous during wintertime because of the hardening effect colder temperatures have on its outer covering. This past winter, the country has seen an unprecedented number of human infections.
The China office of the WHO, which monitors the situation closely with Chinese authorities, told Sixth Tone that there is no indication that this particular variant has acquired the ability of sustained transmission among humans. However, the new variant is proving extremely infectious among birds.
Benjamin Cowling, professor and division head of epidemiology and biostatistics at Hong Kong University’s School of Public Health, said genetic mutations of bird flu viruses have been reported in the past in different parts of China, and that it’s still too early to say whether the latest mutation should be concerning. “Regardless of the exact infectivity, H7N9 has a proven risk to human health,” Cowling told Sixth Tone. He added that probable next steps by authorities to protect the public include closing live poultry markets in the short term and improving general hygiene in the long term.
Beginning last Saturday, Guangdong authorities implemented a ban on bringing in poultry from four of China’s eastern provinces, including Zhejiang and Jiangxi, because of their relatively high incidence of H7N9 in humans. The ban will be in effect until the end of March. Before this, four provinces in China — including Guangdong, Sichuan, Hunan, and Zhejiang — had already stopped selling live poultry due to health concerns, state news agency Xinhua reported Thursday.
But Lin Zhihui, a 59-year-old resident of Zhongshan, a city in Guangdong, told Sixth Tone that live poultry was still being sold when she visited a market on Monday, and a local newspaper reported Friday that the poultry market in Dongguan, near the provincial capital of Guangzhou, had not been closed for a four-day period that was supposed to begin Wednesday.
Guangdong’s agriculture department did not immediately respond to Sixth Tone’s request for comment. As of Thursday, Guangdong had reported 33 cases of H7N9 infection so far this year.
(Header image: Doctors treat an H7N9 bird flu patient at the Wuhan Medical Treatment Center, Hubei province, Feb. 12, 2017. IC)
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Headteachers to consider industrial action against forced academisation
‘Do we really want to be the generation of school leaders who allowed this to happen?’ one primary head asks delegates at the NAHT annual conference
The school leaders’ union unanimously carried a motion opposing forced academisation at their annual conference in Birmingham this afternoon.
The motion, which was backed by more than 95 per cent of delegates, follows Nicky Morgan’s defence this morning of the plans to turn all schools into academies by 2022.
The education secretary claimed in her speech today that enforcing academy status will not lead to the closure of good rural schools, as many have feared. School would be encouraged to work in “local clusters” she said.
But headteachers remained unconvinced today as they voted “to consider all options open to NAHT up to and including as a last resort industrial action”. It is not clear if this would go as far as a strike.
Jonathan Shields, a delegate from the South East region, said: “It is one of the biggest threats to our current imperfect educational system since the 1944 act. It turns everything on its head. Why should it be one size fits all?”
Michelle Sheehy, headteacher of Millfield Primary School in Walsall, called the universal academisation policy “flawed” and added that there are no “credible arguments for the policy”.
But she added: “I believe that we need to communicate our strength of feeling as strongly as possible. This is the beginning of privatisation of our school system. I think we need to consider, do we really want to be the generation of school leaders who allowed this to happen?”
Today’s vote follows the teaching unions’ opposition to the academies plans over the Easter weekend.
The National Union of Teachers (NUT) voted to ballot for strike action against the academisation plans – which could take place in the summer term.
The NASUWT also voted in favour of holding strikes if academies deny teachers pay rises and good working conditions.
The more moderate ATL also voted to consider “potential industrial action” if the government “continues to impose academisation on England’s schools.
Following the vote, Russell Hobby, general secretary of NAHT, said: “We’ve seen today the serious concerns school leaders have about the government’s plans to remove the sensible element of choice about academy conversion, and impose the change on all schools regardless of how well they perform.
“Academy status is appropriate for some but mere conversion doesn’t guarantee success. What counts is hard work and a clear plan for improvement – both of which can be achieved without conversion.
“The government has failed to win the argument on academies, so this motion empowers NAHT’s negotiators to press them hard on the detail and the rationale for conversion. As things stand the government has no answers to school leaders’ sensible and reasonable questions.
“The Secretary of State has said her door is open and that she will listen. Now she needs to honour that offer.”
During Nicky Morgan’s speech today, she described academies as the “right step” for the education system.
She said: “The autonomy academy status brings means putting power into the hands of school leaders, because we improve outcomes for young people by ensuring the teachers who teach them, and the heads who lead their schools, are given the freedom to make the right decisions in the interests of those children.”
But a number of school leaders shouted “what choice?” at the minister as she spoke about the controversial plans.
← VIDEO: ‘You don’t have to test to assess’
VIDEO: Should all children study RE? →
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« 2014 in review, Thank you All!
Great Rock Albums of 1982: Dire Straits- Love Over Gold »
Great Rock Albums of 1982: Toto IV
Before I launch into my first album visit of 2015, I would like to first wish all a happy new year and thank all my friends both old and new for visiting and sticking with me. It’s hard to believe that 80smetalman has been going for nearly four years now and I intend to be around for time to come. After all, I’m only in 1982 and the golden age of heavy metal didn’t end until 1989. So, I have a lot of ground to still cover.
One mega disappointment for the end of the year was that in spite of the many efforts, Ozzy Osbourne did not receive a knighthood. While I shouldn’t be surprised that he was ignored by the British establishment and I can’t even blame it on the metal hating Sun newspaper, it’s still a shame that his near half century of contributions to music still go ignored. Therefore, I say we redouble our efforts in 2015 so he can get his well deserved gong next year.
When I listen to the fourth album by Toto, I find myself pining for what could have been. Three years prior, they came rocking into the world with the heavy rock sound of “Hold the Line.” Those riffs are still catchy within my own mind and back in 1979, that song was an island that refused to be flooded in the sea of disco that was around at the time. “Toto IV” is a total departure from the sound in the song I have already mentioned. It follows subsequent albums in going into a more progressive, pop oriented sound. None of the songs on this fourth album come close to sounding like “Hold the Line.”
This doesn’t mean the album is bad, it’s not. The members of Toto are all talented musicians and it shows on the album. Take the opening song and like many albums of 1982 thus far, the biggest single on the album. If “Rosanna” had been done by some fly by night, 80s synth pop group put together by the likes of Stock, Aiken and Waterman, then it would have totally sucked. Sure, it might have been a top ten single but quickly buried and forgotten. The reason why “Rosanna” appears on a number of rock compilation albums is the good musicianship behind it. Hearing the lyrics does make me want to say “Oh God” but then comes a cool keyboard solo and later a decent guitar solo. They make the song and probably why it has stood the test of time. Other songs on the album are in the same vein. Eight out of the next nine songs are mellow out progressive jazzy blues sounding songs which are great to sit down and listen to but I won’t be listening to them on my way to Amon Amarth in a couple of weeks. The only song that goes anywhere near hard rock is “Afraid of Love” but that song is let down by a keyboard interlude where a cranking guitar solo should be. Still, the musicianship of Toto carry the songs through.
The closer, “Africa,” is more of the same but probably my favourite song on the album. Like the previous nine songs, the closer is definitely a strong progressive song. Unlike “Rosanna,” the lyrics for me are more listenable and the quality musicianship remains but I think they could have used a better instrumental break than the one in the song, perhaps a guitar solo. Still, it is the best song on the album for me.
1. Rosanna
2. Make Me Believe
3. I Won’t Hold You Back
4. Good For You
5. It’s a Feeling
6. Afraid of Love
7. Lovers in the Night
8. We Made It
9. Waiting for Your Love
10. Africa
David Paich- keyboards, lead and backing vocals, all horn and orchestral arrangements
Steve Lukather- guitars, lead and backing vocals
Bobby Kimball- lead and backing vocals
Jeff Procraro- drums, percussion ,tympani
Steve Procraro- keyboards, lead vocals
David Hungate- bass
“Toto IV” is probably the reason why Wayne Campbell of Wayne’s World fame put “anything by Toto” as the number two party killing song. I have to disagree somewhat here. While I wouldn’t listen to the album on my way to a metal concert, I would still listen to it at more appropriate times. This is a good easy listening album, with some decent songs and quality musicianship.
Next post: Dire Straits- Lover Over Gold
Also available on Amazon, Barnes and Noble and Froogle and on sale at Foyles Book Shop in London
This entry was posted on January 1, 2015 at 1:26 pm and is filed under 1980s, Heavy Metal, Music, Uncategorized with tags Americans, Amon Amarth, Classic Rock, disco, hard rock, Heavy Metal, Mellow out rock, melodic rock, Ozzy Osbourne, progressive rock, Queen, The 1980s, The Sun, Toto, Wayne's World. 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.
2 Responses to “Great Rock Albums of 1982: Toto IV”
Happy New Year. I hope the Ozzy disappointment is the last one you experience for the next 12 months. Thanks for giving Toto some attention. This is a great album that often gets overlooked (actually, the band themselves don’t get a lot of respect from critics or rock fans). Obviously it was a slight disappointment for you but they went on to record some heavier material in later years. Have you explored their deep catalog or just the early years.
To be honest, I haven’t explored much of their stuff after 1984 but I will be doing so as I progress through the years. It was a slight disappointment but I didn’t think it was a bad album in anyway. Toto were talented musicians and should get a bit more respect.
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George and Barbara Bush: A love story
Editor's Note: This story was published for George H.W. and Barbara Bush's anniversary. Barbara passed away one year ago on April 17, 2018. George died seven months later, on Nov. 30, 2018.
They are the longest-married couple in presidential history and if you need evidence that true love exists, look no further than George H.W. and Barbara Bush.
The couple celebrated their 73rd wedding anniversary in January. After a long-distance courtship, the two wed on Jan. 6, 1945. The lovebirds met at a dance in 1941 when George H.W. Bush was 16 years old and Barbara was home from boarding school during a holiday break. They were engaged right before he was shipped overseas as a naval pilot during World War II and married in Rye, N.Y.
Their six children include former President George W. Bush and former Florida Gov. Jeb Bush.
RELATED: George H.W. Bush's love letter to Barbara proves love is as strong as ever
President Bush and Barbara sat down with Barbara Walters on Jan. 20, 1989 before they moved into the White House.
In a candid interview, Walters asked them to describe each other.
Bush requested a plain gravestone with his Navy number on it and a quote dedicated to his late wife- "He loved Barbara very much." Their love was a fairy tale love story until the very end.
1989 Barbara Walters interview with President and Mrs. Bush
SPECIAL INTERACTIVE: Barbara Bush, A Life Well Read
PHOTOS: Former President George HW Bush through the years
Social media reacts to the death of former President George H.W. Bush
Looking back at the life and leadership of George HW Bush
How the Bushes chose Houston as a home
Barbara Bush: A Move to Houston
George H.W. Bush was nation's longest-living president
George HW Bush was the nation's longest living president
George H.W. Bush: 5 things you didn't know about the former president
Here's five things you may not have known about George H.W. Bush.
What Obama said after his last visit with George H.W. Bush
The 44th president visited with former President George H.W. Bush at his home just three days before he died.
societyrelationshipsmarriagebarbara bushgood newsfeel goodgeorge h.w. bush
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Wikipedia origin, All articles with unsourced statements, Articles with unsourced statements from October 2008,
Slavery in the New World
European colonisation in Africa
Slavery in the British Empire
History · Antiquity · Aztec
Ancient Greece · Rome
Thrall · Kholop · Serfdom
Slavery and religion
The Bible · Judaism
Christianity · Islam
Africa · Atlantic · Arab
Coastwise · Angola
Brazil · Canada · India · China
Iran · Japan · Libya · Mauritania
Romania · Spanish New World
Sudan · Sweden · Texas · United States
Modern Africa · Debt bondage
Peonage · Penal labour
Sexual slavery · Wage slavery
Unfree labour · Human trafficking
Contemporary slavery
Opposition and resistance
Timeline · Abolitionism
Opponents of slavery
Slave rebellion · Slave narrative
The Atlantic slave trade, also known as the transatlantic slave trade, was the enslavement and transportation, primarily of African people, to the colonies of the New World that occurred in and around the Atlantic Ocean. It lasted from the 16th to the 19th centuries. Most enslaved people were shipped from West Africa and Central Africa and taken to North and South America[1] to labor on coffee, cocoa and cotton plantations, in gold and silver mines, in rice fields, the construction industry, timber, and shipping[2] or in houses to work as servants. The shippers were, in order of scale, the Portuguese, the British, the French, the Spanish, the Dutch, and North Americans.[1] European- and American-owned fortresses and ships obtained enslaved people from African slave-traders, though some were captured by European slave-traders through raids and kidnapping.[3][4] Most contemporary historians estimate that between 9.4 and 12 million[5][6] Africans arrived in the New World,[7][8] although the actual number of people taken from their homes is considerably higher.[9][10][11]
The slave trade is sometimes called the Maafa by African and African-American scholars, meaning "holocaust" or "great disaster" in Swahili. Some scholars, such as Marimba Ani and Maulana Karenga use the terms African Holocaust or Holocaust of Enslavement. Slavery was one element of a three-part economic cycle — the triangular trade and its Middle Passage — which ultimately involved four continents, four centuries and millions of people.[12]
2 Triangular trade
3 Labor and slavery
4 African slave market
5 African participation in the slave trade
6 European participation in the slave trade
6.1 Slavery in Africa and the New World contrasted
6.2 Slave market regions and participation
6.3 African kingdoms of the era
6.3.1 Ethnic groups
7 Human toll
7.1 African conflicts
7.2 Port factories
7.3 Atlantic shipment
7.4 Seasoning camps
8 European competition
9 New World destinations
10 Economics of slavery
11.1 Effect on the economy of Africa
11.2 Effects on the economy of Europe
11.4 Legacy of racism
12 End of the Atlantic slave trade
12.1 Abolition argument
13 Apologies
See also: History of slavery, African slave trade, and European colonization of the Americas
Slavery was practiced in some parts of Africa,[13] Europe,[14] Asia[15] and the Americas before the beginning of the Atlantic slave trade. There is evidence that enslaved people from some African states were exported to other states in Africa, Europe and Asia prior to the European colonization of the Americas.[16] The African slave trade provided a large number of slaves to Europeans.[17][18]
The Atlantic slave trade is customarily divided into two eras, known as the First and Second Atlantic Systems.
The First Atlantic system was the trade of enslaved Africans to, primarily, South American colonies of the Portuguese and Spanish empires; it accounted for only slightly more than 3% of all Atlantic slave trade. It started (on a significant scale) in about 1502[19] and lasted until 1580, when Portugal was temporarily united with Spain. While the Portuguese traded enslaved people themselves, the Spanish empire relied on the asiento system, awarding merchants (mostly from other countries) the license to trade enslaved people to their colonies. During the first Atlantic system most of these traders were Portuguese, giving them a near-monopoly during the era, although some Dutch, English, Spanish and French traders also participated in the slave trade.[20] After the union, Portugal was weakened, with its colonial empire being attacked by the Dutch and British.
The Second Atlantic system was the trade of enslaved Africans by mostly British, Portuguese, French and Dutch traders. The main destinations of this phase were the Caribbean colonies, Brazil, and North America, as a number of European countries built up economically slave-dependent colonies in the New World. Amongst the proponents of this system were Francis Drake and John Hawkins.
Only slightly more than 3% of the enslaved people exported were traded between 1450 and 1600, 16% in the 17th century. More than half of them were exported in the 18th century, the remaining 28.5% in the 19th century.[21]
Triangular trade
Main article: Triangular trade
European colonists initially practiced systems of both bonded labour and "Indian" slavery, enslaving many of the natives of the New World. For a variety of reasons, Africans replaced Native Americans as the main population of enslaved people in the Americas. In some cases, such as on some of the Caribbean Islands, warfare and diseases such as smallpox eliminated the natives completely. In other cases, such as in South Carolina, Virginia, and New England, the need for alliances with native tribes coupled with the availability of enslaved Africans at affordable prices (beginning in the early 18th century for these colonies) resulted in a shift away from Native American slavery.
File:The Slave Trade by Auguste Francois Biard.jpg
"The Slave Trade" by Auguste Francois Biard, 1840
A burial ground in Campeche, Mexico, suggests slaves had been brought there not long after Hernán Cortés completed the subjugation of Aztec and Mayan Mexico. The graveyard had been in use from approximately 1550 to the late 17th century.[22]
The first side of the triangle was the export of goods from Europe to Africa. A number of African kings and merchants took part in the trading of enslaved people from 1440 to about 1833. For each captive, the African rulers would receive a variety of goods from Europe. These included guns, ammunition and other factory made goods. The second leg of the triangle exported enslaved Africans across the Atlantic Ocean to the Americas and the Caribbean Islands. The third and final part of the triangle was the return of goods to Europe from the Americas. The goods were the products of slave-labour plantations and included cotton, sugar, tobacco, molasses and rum.
However, Brazil (the main importer of slaves) manufactured these goods in South America and directly traded with African ports, thus not taking part in a triangular trade.[citation needed]
Labor and slavery
File:BrotherSlave.jpg
An antislavery medallion of the early 19th century.
The Atlantic Slave Trade was the result of, among other things, labor shortage. Native peoples were at first utilized as slave labor by Europeans, until a large number died from overwork and Old World diseases.[23] Alternative sources of labor, such as indentured servitude, failed to provide a sufficient workforce.
Many crops could not be sold for profit, or even grown, in Europe. Exporting crops and goods from the New World to Europe often proved to be more cost effective than producing them on the European mainland. A vast amount of labor was needed for the plantations in the intensive growing, harvesting and processing of these prized tropical crops. Western Africa (part of which became known as 'the Slave Coast'), and later Central Africa, became the source for enslaved people to meet the demand for labor.
The basic reason for the constant shortage of labor was that, with large amounts of cheap land available and lots of landowners searching for workers, free European immigrants were able to become landowners themselves after a relatively short time, thus increasing the need for workers.[24]
African slave market
The Atlantic slave trade was not the only slave trade taking a toll on Africa, although it was the largest in volume and intensity. As Elikia M’bokolo wrote in Le Monde diplomatique: "The African continent was bled of its human resources via all possible routes. Across the Sahara, through the Red Sea, from the Indian Ocean ports and across the Atlantic. At least ten centuries of slavery for the benefit of the Muslim countries (from the ninth to the nineteenth). ... Four million enslaved people exported via the Red Sea, another four million[25] through the Swahili ports of the Indian Ocean, perhaps as many as nine million along the trans-Saharan caravan route, and eleven to twenty million (depending on the author) across the Atlantic Ocean."[26]
According to John K. Thornton, Europeans usually bought enslaved people who were captured in endemic warfare between African states.[27] There were also Africans who had made a business out of capturing Africans from neighboring ethnic groups or war captives and selling them.[28] Thornton says that Europeans provided a large new market for an already existing trade.[29] And while an African held in slavery in his own region of Africa might escape, a person shipped away was sure never to return. People living around the Niger River were transported from these markets to the coast and sold at European trading ports in exchange for muskets and manufactured goods such as cloth or alcohol.[30]
African participation in the slave trade
Africans themselves played a role in the slave trade. The Africans that participated in the slave trade would sell their captive or prisoners of war to European buyers.[25] Selling captives or prisoners was common practice amongst Africans and Arabs during that era. The prisoners and captives that were sold were usually from neighboring or enemy ethnic groups.[31] These captive slaves were not considered as part of the ethnic group or 'tribe' and kings held no particular loyalty to them. At times, Kings and businessmen would sell the criminals in their society to the buyers so that they could no longer commit crimes in that area. Most other slaves were obtained from kidnappings, or through raids that occurred at gunpoint through joint ventures with the Europeans.[25] Some Africans Kings refused to sell any of their captives or criminals. King Jaja of Opobo refused to do business with the slavers completely.[31] For this, he was captured along with his people. Ashanti King Agyeman Prempeh (Ashanti king, b. 1872) also sacrificed his own freedom so that his people would not face collective slavery.[31]
European participation in the slave trade
Although Europeans were the market for slaves, Europeans rarely entered the interior of Africa, due to fear of disease and fierce African resistance.[32] The enslaved people would be brought to coastal outposts where they would be traded for goods. Enslavement became a major by-product of internal war in Africa as nation states expanded through military conflicts in many cases through deliberate sponsorship of benefiting Western European nations. During such periods of rapid state formation or expansion (Asante or Dahomey being good examples), slavery formed an important element of political life which the Europeans exploited: As Queen Sara's plea to the Portuguese courts revealed, the system became "sell to the Europeans or be sold to the Europeans". In Africa, convicted criminals could be punished by enslavement, a punishment which became more prevalent as slavery became more lucrative. Since most of these nations did not have a prison system, convicts were often sold or used in the scattered local domestic slave market.[33]
The Atlantic slave trade peaked in the last two decades of the 18th century,[34] during and following the Kongo Civil War.[35] Wars amongst tiny states along the Niger River's Igbo-inhabited region and the accompanying banditry also spiked in this period.[28] Another reason for surplus supply of enslaved people was major warfare conducted by expanding states such as the kingdom of Dahomey,[36] the Oyo Empire and Asante Empire.[37]
The majority of European conquests, raids and enslavements occurred toward the end or after the transatlantic slave trade. One exception to this is the conquest of Ndongo in present day Angola where Ndongo's slaves, warriors, free citizens and even nobility were taken into slavery by the Portuguese conquerors after the fall of the state.[citation needed]
Slavery in Africa and the New World contrasted
Template:Further
Forms of slavery varied both in Africa and in the New World. In general, slavery in Africa was not heritable – that is, the children of slaves were free – while in the Americas slaves' children were legally enslaved at birth. This was connected to another distinction: slavery in West Africa was not reserved for racial or religious minorities, as it was in European colonies.[38]
The treatment of slaves in Africa was more variable than in the Americas. At one extreme, the kings of Dahomey routinely slaughtered slaves in hundreds or thousands in sacrificial rituals, and the use of slaves as human sacrifices was also known in Cameroon.[39] On the other hand, slaves in Ghana were often treated as part of the family, "adopted children," with significant rights including the right to marry without their masters' permission.[40] In the Americas, slaves were denied the right to marry freely and even humane masters did not accept them as equal members of the family; however, while grisly executions of slaves convicted of revolt or other offenses were commonplace in the Americas, New World slaves were not subject to arbitrary ritual sacrifice.[41]
Slave market regions and participation
There were eight principal areas used by Europeans to buy and ship slaves to the Western Hemisphere. The number of enslaved people sold to the new world varied throughout the slave trade. As for the distribution of slaves from regions of activity, certain areas produced far more enslaved people than others. Between 1650 and 1900, 10.24 million enslaved Africans arrived in the Americas from the following regions in the following proportions:[42]
Senegambia (Senegal and The Gambia): 4.8%
Upper Guinea (Guinea-Bissau, Guinea and Sierra Leone): 4.1%
Windward Coast (Liberia and Côte d'Ivoire): 1.8%
Gold Coast (Ghana and east of Côte d'Ivoire): 10.4%
Bight of Benin (Togo, Benin and Nigeria west of the Niger Delta): 20.2%
Bight of Biafra (Nigeria east of the Niger Delta, Cameroon, Equatorial Guinea and Gabon): 14.6%
West Central Africa (Republic of Congo, Democratic Republic of Congo and Angola): 39.4%
Southeastern Africa (Mozambique and Madagascar): 4.7%
African kingdoms of the era
There were over 173 city-states and kingdoms in the African regions affected by the slave trade between 1502 and 1853, when Brazil became the last Atlantic import nation to outlaw the slave trade. Of those 173, no fewer than 68 could be deemed nation states with political and military infrastructures that enabled them to dominate their neighbors. Nearly every present-day nation had a pre-colonial predecessor, sometimes an African Empire with which European traders had to barter and eventually battle.
The different ethnic groups brought to the Americas closely corresponds to the regions of heaviest activity in the slave trade. Over 45 distinct ethnic groups were taken to the Americas during the trade. Of the 45, the ten most prominent according to slave documentation of the era are listed below.[43]
The Gbe speakers of Togo, Ghana and Benin (Adja, Mina, Ewe, Fon)
The Akan of Ghana and Cote d'Ivoire
The Mbundu of Angola (includes Ovimbundu)
The BaKongo of the Democratic Republic of Congo and Angola
The Igbo of southeastern Nigeria
The Yoruba of southwestern Nigeria
The Mandé of Upper Guinea
The Wolof of Senegal and The Gambia
The Chamba of Cameroon
The Makua of Mozambique
Human toll
Template:POV-section The transatlantic slave trade resulted in a vast and as yet still unknown loss of life for African captives both in and outside of America. Approximately 1.2 – 2.4 million Africans died during their transport to the New World[44] More died soon upon their arrival. The amount of life lost in the actual procurement of slaves remains a mystery but may equal or exceed the amount actually enslaved.[45]
The savage nature of the trade, in which most of the enslaved people were prisoners from African wars, led to the destruction of individuals and cultures. The following figures do not include deaths of enslaved Africans as a result of their actual labor, slave revolts or diseases they caught while living among New World populations.
A database compiled in the late 1990s put the figure for the transatlantic slave trade at more than 11 million people. For a long time an accepted figure was 15 million, although this has in recent years been revised down. Most historians now agree that at least 12 million slaves left the continent between the 15th and 19th century, but 10 to 20% died on board ships. Thus a figure of 11 million enslaved people transported to the Americas is the nearest demonstrable figure historians can produce.[44] Besides the slaves who died on the Middle Passage itself, even more slaves probably died in the slave raids in Africa. The death toll from slavery in the western hemisphere over the 370-year period of its existence must be reckoned at 10 million or so. Of these 10 million estimated dead blacks, possibly 6 million were killed by other blacks in tribal wars.[46] This is in addition to the unknown but comparable number of Africans removed from the continent through the Arab slave trade from the fifth through the twentieth centuries.
African conflicts
File:Kongo audience.jpg
The Portuguese presenting themselves before the Manikongo. The Portuguese initially fostered a good relationship with the Kingdom of Kongo. Civil War within Kongo would lead to many of its subjects ending up as enslaved people in Portuguese and other European vessels.
File:Slave ship diagram.png
Diagram of a slave ship from the Atlantic slave trade. From an Abstract of Evidence delivered before a select committee of the House of Commons in 1790 and 1791.
According to Dr. Kimani Nehusi, the presence of European slavers affected the way in which the legal code in African societies responded to offenders. Crimes traditionally punishable by some other form of punishment became punishable by enslavement and sale to slave traders.[47] According to David Stannard's American Holocaust, 50% of African deaths occurred in Africa as a result of wars between native kingdoms, which produced the majority of slaves.[45] This includes not only those who died in battles, but also those who died as a result of forced marches from inland areas to slave ports on the various coasts.[48] The practice of enslaving enemy combatants and their villages was widespread throughout Western and West Central Africa, although wars were rarely started to procure slaves. The slave trade was largely a by-product of tribal and state warfare as a way of removing potential dissidents after victory or financing future wars.[49] However, some African groups proved particularly adept and brutal at the practice of enslaving such as Oyo, Benin, Igala, Kaabu, Asanteman, Dahomey, the Aro Confederacy and the Imbangala war bands.[50]
In letters written by the Manikongo, Nzinga Mbemba Affonso, to the King João III of Portugal, he writes that Portuguese merchandise flowing in is what is fueling the trade in Africans. He requests the King of Portugal to stop sending merchandise but should only send missionaries. In one of his letter he writes:
"Each day the traders are kidnapping our people—children of this country, sons of our nobles and vassals, even people of our own family. This corruption and depravity are so widespread that our land is entirely depopulated. We need in this kingdom only priests and schoolteachers, and no merchandise, unless it is wine and flour for Mass. It is our wish that this Kingdom not be a place for the trade or transport of slaves."
Many of our subjects eagerly lust after Portuguese merchandise that your subjects have brought into our domains. To satisfy this inordinate appetite, they seize many of our black free subjects.... They sell them. After having taken these prisoners [to the coast] secretly or at night..... As soon as the captives are in the hands of white men they are branded with a red-hot iron.[3]
Before the arrival of the Portuguese, slavery had already existed in Kongo. Despite its establishment within his kingdom, Afonso believed that the slave trade should be subject to Kongo law. When he suspected the Portuguese of receiving illegally enslaved persons to sell, he wrote in to King João III in 1526 imploring him to put a stop to the practice.[51]
The kings of Dahomey sold their war captives into transatlantic slavery, who otherwise would have been killed in a ceremony known as the Annual Customs. As one of West Africa's principal slave states, Dahomey became extremely unpopular with neighbouring peoples.[52][53][54] Like the Bambara Empire to the east, the Khasso kingdoms depended heavily on the slave trade for their economy. A family's status was indicated by the number of slaves it owned, leading to wars for the sole purpose of taking more captives. This trade led the Khasso into increasing contact with the European settlements of Africa's west coast, particularly the French.[55] Benin grew increasingly rich during the 16th and 17th centuries on the slave trade with Europe; slaves from enemy states of the interior were sold, and carried to the Americas in Dutch and Portuguese ships. The Bight of Benin's shore soon came to be known as the "Slave Coast".[56]
King Gezo of Dahomey said in the 1840s:
The slave trade is the ruling principle of my people. It is the source and the glory of their wealth…the mother lulls the child to sleep with notes of triumph over an enemy reduced to slavery…[57]
In 1807, the UK Parliament passed the Bill that abolished the trading of slaves. The King of Bonny (now in Nigeria) was horrified at the conclusion of the practice:
We think this trade must go on. That is the verdict of our oracle and the priests. They say that your country, however great, can never stop a trade ordained by God himself.[58]
Port factories
After being marched to the coast for sale, enslaved people waited in large forts called factories. The amount of time in factories varied, but Milton Meltzer's Slavery: A World History states this process resulted in or around 4.5% of deaths during the transatlantic slave trade.[59] In other words, over 820,000 people would have died in African ports such as Benguela, Elmina and Bonny reducing the number of those shipped to 17.5 million.[59]
Atlantic shipment
After being captured and held in the factories, slaves entered the infamous Middle Passage. Meltzer's research puts this phase of the slave trade's overall mortality at 12.5%.[59] Around 2.2 million Africans died during these voyages where they were packed into tight, unsanitary spaces on ships for months at a time. Measures were taken to stem the onboard mortality rate such as enforced "dancing" (as exercise) above deck and the practice of force-feeding enslaved people who tried to starve themselves.[48] The conditions on board also resulted in the spread of fatal diseases. Other fatalities were the result of suicides by jumping over board by slaves who could no longer endure the conditions.[48] The slave traders would try to fit anywhere from 350 to 600 slaves on one ship. Before the shipping of enslaved people was completely outlawed in 1853, 15.3 million enslaved people had arrived in the Americas.
Raymond L. Cohn, an economics professor whose research has focused on economic history and international migration,[60] has researched the mortality rates among Africans during the voyages of the Atlantic slave trade. He found that mortality rates decreased over the history of the slave trade, primarily because the length of time necessary for the voyage was declining. "In the eighteenth century many slave voyages took at least 2½ months. In the nineteenth century, 2 months appears to have been the maximum length of the voyage, and many voyages were far shorter. Fewer slaves died in the Middle Passage over time mainly because the passage was shorter."[61]
Seasoning camps
Meltzer also states that 33% of Africans would have died in the first year at seasoning camps found throughout the Caribbean.[59] Many slaves shipped directly to North America bypassed this process; however most slaves (destined for island or South American plantations) were likely to be put through this ordeal. The enslaved people were tortured for the purpose of "breaking" them (like the practice of breaking horses) and conditioning them to their new lot in life. Jamaica held one of the most notorious of these camps. Michael Craton, for example, has reported the bloody flux to have been the chief cause of seasoning mortality in Jamaica.[62] All in all, 5 million Africans died in these camps reducing the final number of Africans to about 10 million.[59]
File:Slave Auction Ad.jpg
The trade of enslaved Africans in the Atlantic has its origins in the explorations of Portuguese mariners down the coast of West Africa in the 15th century. Before that, contact with African slave markets was made to ransom Portuguese that had been captured by the intense North African Barbary pirate attacks on Portuguese ships and coastal villages, frequently leaving them depopulated.[63] The first Europeans to use enslaved Africans in the New World were the Spaniards who sought auxiliaries for their conquest expeditions and laborers on islands such as Cuba and Hispaniola, where the alarming decline in the native population had spurred the first royal laws protecting the native population (Laws of Burgos, 1512–1513). The first enslaved Africans arrived in Hispaniola in 1501.[64] After Portugal had succeeded in establishing sugar plantations (engenhos) in northern Brazil ca. 1545, Portuguese merchants on the West African coast began to supply enslaved Africans to the sugar planters there. While at first these planters relied almost exclusively on the native Tupani for slave labor, a titanic shift toward Africans took place after 1570 following a series of epidemics which decimated the already destabilized Tupani communities. By 1630, Africans had replaced the Tupani as the largest contingent of labor on Brazilian sugar plantations, heralding equally the final collapse of the European medieval household tradition of slavery, the rise of Brazil as the largest single destination for enslaved Africans and sugar as the reason that roughly 84% of these Africans were shipped to the New World.
Merchants from various European nations were later involved in the Atlantic Slave trade: Portugal, Spain, France, England, Scotland, Brandenburg-Prussia, Denmark, the Netherlands, and Sweden.[65] As Britain rose in naval power and settled continental North America and some islands of the West Indies, they became the leading slave traders. At one stage the trade was the monopoly of the Royal Africa Company, operating out of London, but following the loss of the company's monopoly in 1689,[66] Bristol and Liverpool merchants became increasingly involved in the trade.[67] By the late 17th century, one out of every four ships that left Liverpool harbour was a slave trading ship.[68] Other British cities also profited from the slave trade. Birmingham, the largest gun producing town in Britain at the time, supplied guns to be traded for slaves. 75% of all sugar produced in the plantations came to London to supply the highly lucrative coffee houses there.[68]
New World destinations
The first slaves to arrive as part of a labor force appeared in 1502 on the island of Hispaniola (now Haiti and the Dominican Republic). Cuba received its first four slaves in 1513. Slave exports to Honduras and Guatemala started in 1526. The first enslaved Africans to reach what would become the US arrived in January of 1526 as part of a Spanish attempt at colonizing South Carolina near Jamestown. By November the 300 Spanish colonists were reduced to a mere 100 accompanied by 70 of their original 100 slaves. The enslaved people revolted and joined a nearby native population while the Spanish abandoned the colony altogether. Colombia received its first enslaved people in 1533. El Salvador, Costa Rica and Florida began their stint in the slave trade in 1541, 1563 and 1581 respectively.
The 17th century saw an increase in shipments with enslaved people arriving in the English colony of Jamestown, Virginia in 1619. Irish immigrants brought slaves to Montserrat in 1651, and in 1655, slaves arrived in Belize.
Distribution of slaves (1519–1867)[69]
Portuguese America 38.5%
British America (minus North America) 18.4%
Spanish Empire 17.5%
French Americas 13.6%
British North America 6.45%
English Americas 3.25%
Dutch West Indies 2.0%
Danish West Indies 0.3%
The number of the Africans arrived in each area can be easily calculated taking into consideration that the total number of slaves was close to 10,000,000.[70]
Economics of slavery
The plantation economies of the New World were built on slave labor. Seventy percent of the enslaved people brought to the new world were used to produce sugar, the most labor-intensive crop. The rest were employed harvesting coffee, cotton, and tobacco, and in some cases in mining. The West Indian colonies of the European powers were some of their most important possessions, so they went to extremes to protect and retain them. For example, at the end of the Seven Years' War in 1763, France agreed to cede the vast territory of New France (now Eastern Canada) to the victors in exchange for keeping the minute Antillean island of Guadeloupe.[citation needed]
In France in the 18th century, returns for investors in plantations averaged around 6%; as compared to 5% for most domestic alternatives, this represented a 20% profit advantage. Risks—maritime and commercial—were important for individual voyages. Investors mitigated it by buying small shares of many ships at the same time. In that way, they were able to diversify a large part of the risk away. Between voyages, ship shares could be freely sold and bought.[71]
By far the most financially profitable West Indian colonies in 1800 belonged to the United Kingdom. After entering the sugar colony business late, British naval supremacy and control over key islands such as Jamaica, Trinidad, the Leeward Islands and Barbados and the territory of British Guiana gave it an important edge over all competitors; while many British did not make gains, a handful of individuals made small fortunes. This advantage was reinforced when France lost its most important colony, St. Dominigue (western Hispaniola, now Haiti), to a slave revolt in 1791[72] and supported revolts against its rival Britain, after the 1793 French revolution in the name of liberty. Before 1791, British sugar had to be protected to compete against cheaper French sugar.
After 1791, the British islands produced the most sugar, and the British people quickly became the largest consumers. West Indian sugar became ubiquitous as an additive to Indian tea. It has been estimated that the profits of the slave trade and of West Indian plantations created up to one-in-twenty of every pound circulating in the British economy at the time of the Industrial Revolution in the latter half of the 18th century.[73]
Template:Col-start| valign="top" style="width:50%;" |
World population (in millions)[74]
World 791 978 1,262 1,650 2,521 5,978
Africa 106 107 111 133 221 767
Asia 502 635 809 947 1,402 3,634
Europe 163 203 276 408 547 729
Latin America and the Caribbean 16 24 38 74 167 511
Northern America 2 7 26 82 172 307
Oceania 2 2 2 6 13 30
Template:Col-break
World population (by percentage distribution)
World 100 100 100 100 100 100
Africa 13.4 10.9 8.8 8.1 8.8 12.8
Asia 63.5 64.9 64.1 57.4 55.6 60.8
Europe 20.6 20.8 21.9 24.7 21.7 12.2
Latin America and the Caribbean 2.0 2.5 3.0 4.5 6.6 8.5
Northern America 0.3 0.7 2.1 5.0 6.8 5.1
Oceania 0.3 0.2 0.2 0.4 0.5 0.5
Historian Walter Rodney has argued that at the start of the slave trade in the 16th century, even though there was a technological gap between Europe and Africa, it was not very substantial. Both continents were using Iron Age technology. The major advantage that Europe had was in ship building. During the period of slavery the populations of Europe and the Americas grew exponentially while the population of Africa remained stagnant. Rodney contended that the profits from slavery were used to fund economic growth and technological advancement in Europe and the Americas. Based on earlier theories by Eric Williams, he asserted that the industrial revolution was at least in part funded by agricultural profits from the Americas. He cited examples such as the invention of the steam engine by James Watt, which was funded by plantation owners from the Caribbean.[75]
Other historians have attacked both Rodney's methodology and factual accuracy. Joseph C. Miller has argued that the social change and demographic stagnation (which he researched on the example of West Central Africa) was caused primarily by domestic factors. Joseph Inikori provided a new line of argument, estimating counterfactual demographic developments in case the Atlantic slave trade had not existed. Patrick Manning has shown that the slave trade did indeed have profound impact on African demographics and social institutions, but nevertheless criticized Inikori's approach for not taking other factors (such as famine and drought) into account and thus being highly speculative.[76]
Effect on the economy of Africa
File:Different cowries.jpg
Cowrie shells were used as money in the slave trade
No scholars dispute the harm done to the enslaved people themselves, but the effect of the trade on African societies is much debated due to the apparent influx of goods to Africans. Proponents of the slave trade, such as Archibald Dalzel, argued that African societies were robust and not much affected by the ongoing trade. In the 19th century, European abolitionists, most prominently Dr. David Livingstone, took the opposite view arguing that the fragile local economy and societies were being severely harmed by the ongoing trade. Historian Walter Rodney estimates that by c.1770, the King of Dahomey was earning an estimated £250,000 per year by selling captive African soldiers and enslaved people to the European slave-traders.
Effects on the economy of Europe
Some have stressed the importance of natural or financial resources that Britain received from its many overseas colonies or that profits from the British slave trade between Africa and the Caribbean helped fuel industrial investment. It has been pointed out, however, that slave trade and West Indian plantations provided only 5% of the British national income during the years of the Industrial Revolution.[77]
Eric Williams tried to show the contribution of Africans on the basis of profits from the slave trade and slavery, and the employment of those profits to finance England's industrialization process. He argues that the enslavement of Africans was an essential element to the Industrial Revolution, and that British wealth is a result of slavery. However, he argued that by the time of its abolition it had lost its profitability and it was in Britain's economic interest to ban it. On the other hand, Seymour Drescher and Robert Anstey have both presented evidence that the slave trade remained profitable until the end, and that reasons other than economics led to its cessation.[citation needed]
Karl Marx in his influential economic history of capitalism Das Kapital claimed that '...the turning of Africa into a warren for the commercial hunting of black-skins, signaled the rosy dawn of the era of capitalist production.' He argued that the slave trade was part of what he termed the 'primitive accumulation' of European capital, the 'non-capitalist' accumulation of wealth that preceded and created the financial conditions for Britain's industrialisation.[78]
The demographic effects of the slave trade are some of the most controversial and debated issues. More than 12 million people were removed from Africa via the slave trade, and what effect this had on Africa is an important question.
Walter Rodney argued that the export of so many people had been a demographic disaster and had left Africa permanently disadvantaged when compared to other parts of the world, and largely explains the continent's continued poverty.[79] He presented numbers showing that Africa's population stagnated during this period, while that of Europe and Asia grew dramatically. According to Rodney, all other areas of the economy were disrupted by the slave trade as the top merchants abandoned traditional industries to pursue slaving, and the lower levels of the population were disrupted by the slaving itself.
As Joseph E. Inikori argues, the history of the region shows that the effects were still quite deleterious. He argues that the African economic model of the period was very different from the European, and could not sustain such population losses. Population reductions in certain areas also led to widespread problems. Inikori also notes that after the suppression of the slave trade Africa's population almost immediately began to rapidly increase, even prior to the introduction of modern medicines.[80] Owen Alik Shahadah also states that the trade was not only of demographic significance in aggregate population losses but also in the profound changes to settlement patterns, exposure to epidemics, and reproductive and social development potential.[81]
Legacy of racism
Professor Maulana Karenga states that the effects of slavery were that "the morally monstrous destruction of human possibility involved redefining African humanity to the world, poisoning past, present and future relations with others who only know us through this stereotyping and thus damaging the truly human relations among peoples." He states that it constituted the destruction of culture, language, religion and human possibility.[82]
The Atlantic slave trade was without question a long-standing system which displaced many African people from their native lands, tribes, and families. The evidence of the populations of descendant Africans is most clear in the continents of North America and South America.
End of the Atlantic slave trade
Main article: Abolitionism
In Britain, Portugal and in some other parts of Europe, opposition developed against the slave trade. Led by the Religious Society of Friends (Quakers) and establishment Evangelicals such as William Wilberforce, the movement was joined by many and began to protest against the trade, but they were opposed by the owners of the colonial holdings.[83] Denmark, which had been active in the slave trade, was the first country to ban the trade through legislation in 1792, which took effect in 1803. Britain banned the slave trade (but not slavery itself) in 1807, imposing stiff fines for any slave found aboard a British ship (see Slave Trade Act 1807). The Royal Navy, which then controlled the world's seas, moved to stop other nations from filling Britain's place in the slave trade and declared that slaving was equal to piracy and was punishable by death. The United States outlawed the importation of slaves on January 1, 1808, the earliest date permitted by the constitution for such a ban.
File:SisterSlave.jpg
"Am I not a woman and a sister?"
An antislavery medallion from the late 18th century
On Sunday 28 October 1787, William Wilberforce wrote in his diary: "God Almighty has set before me two great objects, the suppression of the slave trade and the Reformation of society." For the rest of his life, William Wilberforce dedicated his life as a Member of Parliament to opposing the slave trade and working for the abolition of slavery throughout the British Empire. On 22 February 1807, twenty years after he first began his crusade, and in the middle of Britain's war with France, Wilberforce and his team's labors were rewarded with victory. By an overwhelming 283 votes for to 16 against, the motion to abolish the slave trade was carried in the House of Commons.[84]
After the British ended their own slave trade, they felt forced by economics to press other nations to do the same, or else the British colonies would become uncompetitive[citation needed]. With peace in Europe from 1815, and British supremacy at sea secured, the Navy turned its attention back to the challenge and established the West Coast of Africa Station, known as the 'preventative squadron', which for the next 50 years operated against the slavers. By the 1850s, around 25 vessels and 2,000 officers and men were on the station, supported by nearly 1,000 'Kroomen'—experienced fishermen recruited as sailors from what is now the coast of modern Liberia. Service on the West Africa Squadron was a thankless and overwhelming task, full of risk and posing a constant threat to the health of the crews involved. Contending with pestilential swamps and violent encounters, the mortality rate was 55 per 1,000 men, compared with 10 for fleets in the Mediterranean or in home waters.[85] Between 1807 and 1860, the West Africa Squadron seized approximately 1,600 ships involved in the slave trade and took custody of 150,000 Africans who were aboard these vessels.[86] However, most of these people were then transported by the navy to the British colony of Sierra Leone, where they were made to serve as 'apprentices' in the colonial economy.[87] The last recorded slave ship to land on American soil was the Clotilde, which in 1859 illegally smuggled a number of Africans into the town of Mobile, Alabama.[88] The Africans on board were sold as slaves; however, slavery was abolished 5 years later following the end of the American Civil War. The last survivor of the voyage was Cudjoe Lewis who died in 1935.[89]
Action was also taken against African leaders who refused to agree to British treaties to outlaw the trade, for example against 'the usurping King of Lagos', deposed in 1851. Anti-slavery treaties were signed with over 50 African rulers.[90] The British campaign against the slave trade by other nations was an unprecedented foreign policy effort.
Although the slave trade had become illegal, slavery remained a reality in British colonies. Wilberforce himself was privately convinced that the institution of slavery should be entirely abolished, but understood that there was little political will for emancipation. In parliament, the Emancipation Bill gathered support and received its final commons reading on 26 July 1833. Slavery would be abolished, but the planters would be heavily compensated, and slaves on plantations were required to remain as slaves on the plantations for a further six years. Thank God, said William Wilberforce, that I have lived to witness a day in which England is willing to give twenty millions sterling for the Abolition of Slavery. After several years of peaceful protests, full emancipation for all was legally granted in Trinidad ahead of schedule on 1 August 1838, making it the first British colony with slaves to completely abolish slavery.[91]
The last country to ban the Atlantic slave trade was Brazil in 1831. However, a vibrant illegal trade continued to ship large numbers of enslaved people to Brazil and also to Cuba until the 1860s, when British enforcement and further diplomacy finally ended the Atlantic trade.[92][93]
Abolition argument
The Abolitionists argued that the slave trade changed the face of Africa, pushing them into constant wars as a result of the Europeans' ever-growing demands for slaves. They argued that even in Africa, the Africans' lives revolved around the slave trade's needs through the constant wars and battles to secure enough slaves for the Europeans. Although people avoided mentioning the horrid living conditions of slave trade ships out of fear of the animosity it could cause, the abolitionists incorporated the high mortality rates in their argument against slavery. Even though the abolitionists incorporated the idea of European superiority in their platform, they argued the slave trade hindered the progress of African race. They, however, had to contend with those who invested in the slave trade, who argued that the slave trade was essential for the survival of the economy. Others argued that despite the cruel conditions on the ships, the overall conditions of Africa were worse. The debate over slavery went on for decades before abolition was finalized.[94]
In 1998, UNESCO designated August 23 as International Day for the Remembrance of the Slave Trade and its Abolition. Since that occurrence, a number of events surrounding the recognition of the effect of slavery on both the enslaved and enslavers have come to pass.
On 9 December 1999 Liverpool City Council passed a formal motion apologising for the City's part in the slave trade. It was unanimously agreed that Liverpool acknowledges its responsibility for its involvement in three centuries of the slave trade. The City Council has made an unreserved apology for Liverpool's involvement and the continual effect of slavery on Liverpool's Black communities.[95]
At the 2001 World Conference Against Racism in Durban, South Africa, African nations demanded a clear apology for slavery from the former slave-trading countries. Some nations were ready to express an apology, but the opposition, mainly from the United Kingdom, Portugal, Spain, the Netherlands, and the United States blocked attempts to do so. A fear of monetary compensation might have been one of the reasons for the opposition. As of 2009, efforts are underway to create a UN Slavery Memorial as a permanent remembrance of the victims of the atlantic slave trade.
On January 30, 2006, Jacques Chirac (the then French President) said that 10 May would henceforth be a national day of remembrance for the victims of slavery in France, marking the day in 2001 when France passed a law recognising slavery as a crime against humanity.[96]
On November 27, 2006, then British Prime Minister Tony Blair made a partial apology for Britain's role in the African slavery trade. However African rights activists denounced it as "empty rhetoric" that failed to address the issue properly. They feel his apology stopped shy to prevent any legal retort.[97] Mr Blair again apologized on March 14, 2007.[98]
On February 24, 2007 the Virginia General Assembly passed House Joint Resolution Number 728[99] acknowledging "with profound regret the involuntary servitude of Africans and the exploitation of Native Americans, and call for reconciliation among all Virginians." With the passing of that resolution, Virginia became the first of the 50 United States to acknowledge through the state's governing body their state's involvement in slavery. The passing of this resolution came on the heels of the 400th anniversary celebration of the city of Jamestown, Virginia, which was the first permanent English colony to survive in what would become the United States. Jamestown is also recognized as one of the first slave ports of the American colonies.
On May 31, 2007, the Governor of Alabama, Bob Riley, signed a resolution expressing "profound regret" for Alabama's role in slavery and apologizing for slavery's wrongs and lingering effects. Alabama is the fourth Southern state to pass a slavery apology, following votes by the legislatures in Maryland, Virginia, and North Carolina.[100]
On August 24, 2007, Ken Livingstone (then Mayor of London) apologized publicly for London's role in the slave trade. "You can look across there to see the institutions that still have the benefit of the wealth they created from slavery", he said pointing towards the financial district, before breaking down in tears. He claimed that London was still tainted by the horrors of slavery. Jesse Jackson praised Mayor Livingstone, and added that reparations should be made.[101]
On July 30, 2008, the United States House of Representatives passed a resolution apologizing for American slavery and subsequent discriminatory laws. The language included a reference to the "fundamental injustice, cruelty, brutality and inhumanity of slavery and Jim Crow" segregation.[102]
On June 18, 2009, the United States Senate issued an apologetic statement decrying the "fundamental injustice, cruelty, brutality, and inhumanity of slavery". The news was welcomed by President Barack Obama, the nation's first President of African descent.[103]
List of topics related to Black and African people
Afro-Brazilians
European colonization of the Americas
History of slavery in the United States
Plantation economy
↑ 1.0 1.1 Thomas, Hugh.The Slave Trade. Simon and Schuster, 1997.
↑ Narrative of Frederick Douglass
↑ 3.0 3.1 King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa. Houghton Mifflin Books. 1998. ISBN 0618001905. http://books.google.com/books?id=rXv8ehP_F5oC&printsec=frontcover.
↑ Klein, Herbert S. and Jacob Klein. The Atlantic Slave Trade. Cambridge University Press, 1999. pp. 103–139.
↑ BBC Quick guide: The slave trade
↑ Welcome to Encyclopædia Britannica's Guide to Black History
↑ Migration Simulation
↑ Ronald Segal, The Black Diaspora: Five Centuries of the Black Experience Outside Africa (New York: Farrar, Straus and Giroux, 1995), ISBN 0-374-11396-3, page 4. "It is now estimated that 11,863,000 slaves were shipped across the Atlantic. [Note in original: Paul E. Lovejoy, "The Impact of the Atlantic Slave Trade on Africa: A Review of the Literature", in Journal of African History 30 (1989), p. 368.]"
↑ Eltis, David and Richardson, David. The Numbers Game. In: Northrup, David: The Atlantic Slave Trade, 2nd edition, Houghton Mifflin Co., 2002. p. 95.
↑ Basil Davidson. The African Slave Trade.
↑ "African Holocaust How Many". African Holocaust Society. http://www.africanholocaust.net/html_ah/holocaustspecial.htm. Retrieved 2007-01-04. "While traditional studies often focus on official French and British records of how many Africans arrived in the New World, these studies neglect to include the death from raids, the fatalities on board the ships, deaths caused by European diseases, the victims from the consequences of enslavement, and the trauma of refugees displaced by slaving activities. The number of arrivals also neglects the volume of Africans who arrived via pirates, who for obvious reasons, wouldn’t have kept records."
↑ "African Holocaust Special". African Holocaust Society. http://www.africanholocaust.net/html_ah/holocaustspecial.htm. Retrieved 2007-01-04.
↑ Historical survey > Slave societies
↑ Ferro, Mark (1997). Colonization: A Global History. Routledge. p. 221, ISBN 9780415140072.
↑ Adu Boahen, Topics In West African History, p. 110.
↑ Kwaku Person-Lynn, African Involvement In Atlantic Slave Trade.
↑ Anstey, Roger: The Atlantic Slave Trade and British abolition, 1760–1810. London: Macmillan, 1975,p.5.
↑ Emmer, P.C.: The Dutch in the Atlantic Economy, 1580–1880. Trade, Slavery and Emancipation. Variorum Collected Studies Series CS614, 1998, pp.17.
↑ Lovejoy, Paul E.:The Volume of the Atlantic Slave Trade. A Synthesis. In: Northrup, David (ed.): The Atlantic Slave Trade. D.C. Heath and Company 1994.
↑ Skeletons Discovered: First African Slaves in New World. January 31, 2006. LiveScience.com. Accessed September 27, 2006.
↑ "Smallpox Through History". Archived from the original on 2009-10-31. http://www.webcitation.org/5kwKpBPdn.
↑ Solow, Barbara (ed.). Slavery and the Rise of the Atlantic System, Cambridge, Cambridge University Press, 1991.
↑ 25.0 25.1 25.2 http://www.afbis.com/analysis/slave.htm
↑ Elikia M’bokolo, April 2, 1998, The impact of the slave trade on Africa, Le Monde diplomatique[1]
↑ Thornton, page 112
↑ 28.0 28.1 Thornton, page 310
↑ Thornton, page 94
↑ 31.0 31.1 31.2 http://www.the4thworld.net/node/15
↑ Historical survey > The international slave trade
↑ "Transatlantic Slave Trade". "Hakim Adi". http://www.africanholocaust.net/articles/TRANSATLANTIC%20SLAVE%20TRADE.htm.
↑ Howard Winant (2001) , The World is a Ghetto: Race and Democracy Since World War II, Basic Books, p. 58.
↑ Kevin Shillington, ed., (2005), Encyclopedia of African History, CRC Press, vol. 1, p. 333-34; Nicolas Argenti (2007), The Intestines of the State: Youth, Violence and Belated Histories in the Cameroon Grassfields, University of Chicago Press, p. 42.
↑ http://www.accessgambia.com/information/slave-treatment-rights-privileges.html
↑ http://www.law.umkc.edu/faculty/projects/ftrials/negroplot/plotchronology.html
↑ Lovejoy, Paul E. Transformations in Slavery. Cambridge University Press, 2000
↑ Hall, Gwendolyn Midlo: Slavery and African Ethnicities in the Americas: Restoring the Links. The University of North Carolina Press, 2006
↑ 44.0 44.1 Quick guide: The slave trade; Who were the slaves? BBC News
↑ 45.0 45.1 Stannard, David. American Holocaust. Oxford University Press, 1993
↑ Rubinstein, W. D. (2004). Genocide: a history. Pearson Education. p. 78. ISBN 0582506018.
↑ "African Holocaust: Kimani Nehusi How Many". African Holocaust Society. http://www.africanholocaust.net/html_ah/holocaustspecial.htm. Retrieved 2005-01-04.
↑ 48.0 48.1 48.2 Gomez, Michael A. Exchanging Our Country Marks. Chapel Hill, 1998
↑ Thornton, John. Africa and Africans in the Making of the Atlantic World, 1400–1800 Cambridge University Press, 1998
↑ Stride, G.T. and C. Ifeka. Peoples ad Empires of West Africa: West Africa in History 1000–1800. Nelson, 1986
↑ African Political Ethics and the Slave Trade
↑ Museum Theme: The Kingdom of Dahomey
↑ Dahomey (historical kingdom, Africa)
↑ Benin seeks forgiveness for role in slave trade
↑ Le Mali précolonial
↑ The Story of Africa
↑ West is master of slave trade guilt
↑ African Slave Owners
↑ 59.0 59.1 59.2 59.3 59.4 Meltzer, Milton. Slavery: A World History. Da Capo Press, 1993
↑ Raymond L. Cohn
↑ Cohn, Raymond L. "Deaths of Slaves in the Middle Passage", Journal of Economic History, September 1985.
↑ Kiple, Kenneth F. (2002). The Caribbean Slave: A Biological History. Cambridge University Press. p. 65. ISBN 0521524709.
↑ BBC – History – British Slaves on the Barbary Coast
↑ HEALTH IN SLAVERY
↑ La traite négrière à Saint-Barthélemy. Source: 'Comité de Liaison et d'Application des Sources Historiques', Saint-Barthélemy.
↑ Elkins, Stanley: Slavery. New York: Universal Library, 1963. p.48
↑ Rawley, James: London, Metropolis of the Slave Trade 2003
↑ 68.0 68.1 Anstey, Roger: The Atlantic Slave Trade and British abolition, 1760–1810. London: Macmillan, 1975.
↑ Stephen D. Behrendt, David Richardson, and David Eltis, W. E. B. Du Bois Institute for African and African-American Research, Harvard University. Based on "records for 27,233 voyages that set out to obtain slaves for the Americas". Stephen Behrendt (1999). "Transatlantic Slave Trade". Africana: The Encyclopedia of the African and African American Experience. New York: Basic Civitas Books. ISBN 0-465-00071-1.
↑ The Atlantic slave trade. By Philip D. Curtin, 1972. P.88
↑ Daudin 2004
↑ Slave Revolt in St. Domingue (Haiti)
↑ Digital History
↑ UN report
↑ [2] How Europe Underdeveloped Africa Walter RodneyISBN 0950154644
↑ Manning, Patrick: Contours of Slavery and Social change in Africa. In: Northrup, David (ed.): The Atlantic Slave Trade. D.C. Heath & Company, 1994, pp.148–160.
↑ Was slavery the engine of economic growth? Digital History
↑ Marx, K. "Chapter Thirty-One: Genesis of the Industrial Capitalist" Das Kapital: Volume 1, 1867.,[3]
↑ Rodney, Walter. How Europe underdeveloped Africa. London: Bogle-L'Ouverture Publications, 1972
↑ Ideology versus the Tyranny of Paradigm: Historians and the Impact of the Atlantic Slave Trade on African Societies, by Joseph E. Inikori African Economic History. 1994.
↑ "African Holocaust: Dark Voyage audio CD". "Owen 'Alik Shahadah". http://www.africanholocaust.net/news_ah/african%20holocaust.htm.
↑ "Effects on Africa". "Ron Karenga". http://www.africawithin.com/karenga/ethics.htm.
↑ Library of Society of Friends Subject Guide: Abolition of the Slave Trade
↑ William Wilberforce (1759–1833)
↑ The Royal Navy and the Battle to End Slavery. By Huw Lewis-Jones
↑ Sailing against slavery. By Jo Loosemore BBC
↑ Britain forces 'freed slaves' into colonial labour
↑ Question of the Month – Jim Crow Museum at Ferris State University
↑ Diouf, Sylvianne (2007). Dreams of Africa in Alabama: The Slave Ship Clotilda and the Story of the Last Africans Brought to America. Oxford University Press. ISBN 0195311043. http://www.amazon.com/gp/reader/0195311043/.
↑ The West African Squadron and slave trade
↑ Dryden, John. 1992 "Pas de Six Ans!" In: Seven Slaves & Slavery: Trinidad 1777–1838, by Anthony de Verteuil, Port of Spain, pp. 371–379.
↑ Anstey, Roger: The Atlantic Slave Trade and British abolition, 1760–1810. London: Macmillan, 1975.
↑ Timeline – What happened after 1807?
↑ The African slave trade from the fifteenth to the nineteenth century: reports and papers of the meeting of experts / organized by UNESCO at Port-au-Prince, Haiti, 31 January to 4 February 1978.
↑ [4]. National Museums Liverpool, Accessed 31 August 2010.
↑ "Chirac names slavery memorial day". BBC News, 30 January 2006. Accessed 22 July 2009.
↑ "Blair 'sorrow' over slave trade". BBC News, November 27, 2006. Accessed March 15, 2007.
↑ "Blair 'sorry' for UK slavery role". BBC News, March 14, 2007. Accessed March 15, 2007.
↑ House Joint Resolution Number 728. Commonwealth of Virginia. Accessed 22 July 2009.
↑ Associated Press. "Alabama Governor Joins Other States in Apologizing For Role in Slavery". Fox News, May 31, 2007. Accessed 22 July 2009.
↑ "Livingstone breaks down in tears at slave trade memorial". Daily Mail, 24 August 2007. Accessed 22 July 2009.
↑ Fears, Darryl. "House Issues An Apology For Slavery". The Washington Post, July 30, 2008, p. A03. Accessed 22 July 2009.
↑ Agence France-Presse. "Obama praises 'historic' Senate slavery apology". Google News, June 18, 2009. Accessed 22 July 2009.
Anstey, Roger: The Atlantic Slave Trade and British Abolition, 1760–1810. London: Macmillan, 1975. ISBN 0333148460.
Clarke, Dr. John Henrik: Christopher Columbus and the Afrikan Holocaust: Slavery and the Rise of European Capitalism. Brooklyn, N.Y.: A & B Books, 1992. ISBN 1881316149.
Curtin, Philip D: Atlantic Slave Trade. University of Wisconsin Press, 1969.
Daudin, Guillaume: "Profitability of slave and long distance trading in context: the case of eighteenth century France", Journal of Economic History, 2004.
Diop, Er. Cheikh Anta: Precolonial Black Africa: A Comparative Study of the Political and Social Systems of Europe and Black Africa. Harold J. Salemson, trans. Westport, Conn.: L. Hill, 1987. ISBN 088208187X, ISBN 0882081888.
Doortmont, Michel R.; Jinna Smit (2007). Sources for the mutual history of Ghana and the Netherlands. An annotated guide to the Dutch archives relating to Ghana and West Africa in the Nationaal Archief, 1593–1960s. Leiden: Brill. ISBN 978-90-04-15850-4.
Drescher, Seymour: From Slavery to Freedom: Comparative Studies in the Rise and Fall of Atlantic Slavery. London: Macmillan Press, 1999. ISBN 0333737482.
Emmer, Pieter C.: The Dutch in the Atlantic Economy, 1580–1880. Trade, Slavery and Emancipation. Variorum Collected Studies Series CS614. Aldershot [u.a.]: Variorum, 1998. ISBN 0860786978.
Franklin, John Hope: From Slavery to Freedom, 3rd ed. New York: Knopf, 1967.
Gomez, Michael Angelo: Exchanging Our Country Marks (The Transformation of African Identities in the Colonial and AnteBellum South). Chapel Hill, N.C.: The University of North Carolina Press, 1998. ISBN 0807846945.
Hall, Gwendolyn Midlo: Slavery and African Ethnicities in the Americas: Restoring the Links. Chapel Hill, N.C.: The University of North Carolina Press, 2006. ISBN 0807829730.
Horne, Gerald: The Deepest South: The United States, Brazil, and the African Slave Trade. New York, NY : New York Univ. Press, 2007. ISBN 9780814736883, ISBN 9780814736890.
James, E. Wyn: "Welsh Ballads and American Slavery", Welsh Journal of Religious History, 2 (2007), pp. 59–86. ISSN 0967-3938.
Klein, Herbert S.: The Atlantic Slave Trade. Cambridge University Press, 1999. ISBN 0521460204, ISBN 0521465885.
Lindsay, Lisa A. "Captives as Commodities: The Transatlantic Slave Trade". Prentice Hall, 2008. ISBN 9780131942158
Meltzer, Milton: Slavery: A World History. New York: Da Capo Press, 1993. ISBN 0306805367.
Northrup, David: The Atlantic Slave Trade, 2nd edition. Boston: Houghton Mifflin Co., 2002. ISBN 0618116249.
Rodney, Walter: How Europe Underdeveloped Africa. Washington, D.C.: Howard University Press; Revised edition, 1981. ISBN 0882580965.
Rodriguez, Junius P., ed. Encyclopedia of Emancipation and Abolition in the Transatlantic World. Armonk, N.Y.: M.E. Sharpe, 2007. ISBN 9780765612571.
Solow, Barbara (ed.). Slavery and the Rise of the Atlantic System. Cambridge: Cambridge University Press, 1991. ISBN 0521400902.
Thomas, Hugh: The Slave Trade: The History of the Atlantic Slave Trade 1440–1870. London: Picador, 1997. ISBN 033035437X.
Thornton, John: Africa and Africans in the Making of the Atlantic World, 1400–1800, 2nd ed. Cambridge University Press, 1998. ISBN 0521622174, ISBN 0521627249, ISBN 0521593700, ISBN 0521596491.
Williams, Chancellor: Destruction of Black Civilization Great Issues of a Race from 4500 B.C. to 2000 A.D., 3rd ed. Chicago: Third World Press, 1987. ISBN 0883780305, ISBN 0883780429.
Williams, Eric: Capitalism & Slavery. Chapel Hill: The University of North Carolina Press, 1994 (first published 1944). ISBN 0807821756, ISBN 0807844888.
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Voyages: The Trans-Atlantic Slave Trade Database
African Holocaust: The legacy of Slavery remembered
BBC | Africa|Quick guide: The slave trade
Teaching resources about Slavery and Abolition on blackhistory4schools.com
Mémoire St Barth | History of St Barthélemy (archives & history of slavery, slave trade and their abolition), Comité de Liaison et d'Application des Sources Historiques.
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de:Atlantischer Sklavenhandel it:Tratta atlantica degli schiavi africani nl:Trans-Atlantische slavenhandel pt:Tráfico negreiro simple:Atlantic slave trade ta:அத்திலாந்திக் அடிமை வியாபாரம் zh:大西洋奴隶贸易
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UCAM Murcia picks up veteran swingman Pocius
Aug 04, 2016 by Eurocupbasketball.com Print
UCAM Murcia strengthened its lineup by signing swingman Martynas Pocius, who comes to a 7DAYS EuroCup squad for the first time after seven EuroLeague seasons. Pocius (1.96 meters, 30 years old) arrives from Lithuanian champion Zalgiris Kaunas, where he spent four seasons in separate stints. He averaged 3.4 points and 1.8 rebounds in a reserve role last season. Pocius returns to Spain after playing two seasons for Real Madrid from 2012 through 2014, during which he won the Spanish League championship and the Spanish King’s Cup. With Zalgiris, he collected back-to-back Baltic League titles in 2010 and 2011 and Lithuanian League trophies in 2011, 2014 and last season. Pocius also played one season in Turkey for Galatasaray Istanbul and has featured for the Lithuanian national team, with whom he won a bronze medal at the 2010 FIBA World Cup and a silver at EuroBasket 2013.
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mostrapalazzofarnese » Jazz » Sonny Rollins With The Modern Jazz Quartet • Art Blakey And Kenny Drew - Sonny Rollins With The Modern Jazz Quartet
Sonny Rollins With The Modern Jazz Quartet • Art Blakey And Kenny Drew - Sonny Rollins With The Modern Jazz Quartet mp3 album
Sonny_Rollins Bop US
Performer: Sonny Rollins
Title: Sonny Rollins With The Modern Jazz Quartet
Formats: AU MP1 MP3 TTA DTS ADX VOC
Recorded October 7, 1953 ( December 17, 1951 ( and January 17, 1951 (.Digital mastering, 1988 (Fantasy Studios, Berkeley). Also the back cover has no promo text present in the other version.
Deutsch English Español Français Italiano 日本語. More Images. Sonny Rollins With The Modern Jazz Quartet, Art Blakey And Kenny Drew – Sonny Rollins With The Modern Jazz Quartet.
The first four tracks, featuring the members of the Modern Jazz Quartet, had been previously released as the 7" 45rpm EP Sonny Rollins With Modern Jazz Quartet (PREP 1337). Tracks 5–11 and 13 were featured on the Prestige 10 inch LP Sonny Rollins Quartet (1952)(PRLP 137), which is reissued in its entirety here . Don't Ask is an album by jazz saxophonist Sonny Rollins, released on the Milestone label in 1979, featuring performances by Rollins with Mark Soskin, Larry Coryell, Jerome Harris, Al Foster, and Bill Summers. Easy Living (Sonny Rollins album).
These are among the fresh and vibrant baker's dozen of selections on Sonny Rollins With the Modern Jazz Quartet (1953). If just for these tunes, Sonny Rollins With the Modern Jazz Quartet is a vital component in any jazz enthusiasts' collection. The rest of the disc is performed by Rollins and a quartet that also includes the talents of Kenny Drew (piano), the MJQ's Percy Heath (bass), and the main Jazz Messenger, Art Blakey (drums).
Sonny Rollins, The Modern Jazz Quartet, Фредерик Лоу - Almost Like Being in Love 03:22. Art Blakey, Kenny Drew, Sonny Rollins, Sonny Rollins Quartet, The Modern Jazz Quartet - Scoops 02:12. Art Blakey, Kenny Drew, Sonny Rollins, Sonny Rollins Quartet, The Modern Jazz Quartet - With a Song in My Heart 03:05. Art Blakey, Kenny Drew, Sonny Rollins, Sonny Rollins Quartet, The Modern Jazz Quartet - Newk's Fadeaway 03:09. Art Blakey, Kenny Drew, Sonny Rollins, Sonny Rollins Quartet - Newk's Fadeaway 03:11. Art Blakey, Kenny Drew, Sonny Rollins, Sonny Rollins Quartet - Newk's Fadeaway.
Tracklist: 1. The Stopper, 2. Almost Like Being In Love, 3. No Moe, 4. In A Sentimental Mood, 5. Scoops, 6. With A Song In My Heart, 7. Newk’s Fadeaway, 8. Time On My Hands, 9. This Love Of Mine, 10. Shadrack, 11. On A Slow Boat To China, 12. Mambo Bounce, 13. I Know. More albums from Art Blakey: Art Blakey’s Big Band by Art Blakey. In This Korner by Art Blakey. Buttercorn Lady by Art Blakey. Orgy In Rhythm (Volume One) by Art Blakey. Europa Jazz by Art Blakey. Blues Bag by Art Blakey. Feel The Wind by Art Blakey. Holiday For Skins Vol. 1 by Art Blakey. View all albums . Sonny Rollins With The Modern Jazz Quartet. By: Art Blakey (1956, Jazz). 2. Almost Like Being In Love. 4. In A Sentimental Mood. 6. With A Song In My Heart.
Free download and listen Sonny Rollins With The Modern Jazz Quartet. Sonny Rollins Quartet. The Modern Jazz Quartet. Фредерик Лоу. Style: jazz. Tracks count: 15. Views: 7. Sonny Rollins, The Modern Jazz Quartet - The Stopper 02:57. Sonny Rollins, Art Blakey, Kenny Drew, Sonny Rollins Quartet - Newk's Fadeaway 03:13. Sonny Rollins - This Love Of Mine 02:27.
Listen to music from Sonny Rollins with the Modern Jazz Quartet like Mambo Bounce, In a Sentimental Mood & more. Find the latest tracks, albums, and images from Sonny Rollins with the Modern Jazz Quartet.
1 The Stopper 2:56
2 Almost Like Being In Love 3:23
3 No Moe 3:26
4 In A Sentimental Mood 3:18
5 Scoops 2:13
6 With A Song In My Heart 3:06
7 Newk's Fadeaway 3:10
8 Time On My Hands 2:42
9 This Love Of Mine 2:20
10 Shadrack 2:32
11 On A Slow Boat To China 2:30
12 Mambo Bounce 2:22
13 I Know 2:32
Copyright (c) – Fantasy, Inc.
Remastered At – Fantasy Studios
Bass – Percy Heath
Drums – Art Blakey (tracks: 5 to 12), Kenny Clarke (tracks: 1 to 4), Roy Haynes (tracks: 13)
Liner Notes – Ira Gitler
Piano – John Lewis (tracks: 1 to 4), Kenny Drew (tracks: 5 to 12), Miles Davis (tracks: 13)
Remastered By [Digital Remastering] – Joe Tarantino
Supervised By – Bob Weinstock (tracks: 13), Ira Gitler (tracks: 1 to 12)
Tenor Saxophone – Sonny Rollins
Vibraphone [Vibes] – Milt Jackson (tracks: 1 to 4)
Recorded October 7, 1953 (#1-4); December 17, 1951 (#5-12); and January 17, 1951 (#13).
Digital remastering, 1988 (Fantasy Studios, Berkeley)
© 1988, Fantasy, Inc.
This version of US release differs from similar one by barcode. Also the back cover has promo text which is absent in the other version.
Barcode: 0 25218-1111-2
7029, PRLP 7029 Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey And Kenny Drew Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey And Kenny Drew - Sonny Rollins With The Modern Jazz Quartet (LP, Album, Mono, RM) Prestige, Prestige 7029, PRLP 7029 US 1956
OJC-011, P-7029 Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey & Kenny Drew Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey & Kenny Drew - Sonny Rollins With The Modern Jazz Quartet (LP, Album, RE, RM) Original Jazz Classics, Prestige OJC-011, P-7029 US 1982
UCCO-5229 Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey And Kenny Drew Sonny Rollins With The Modern Jazz Quartet Featuring Art Blakey And Kenny Drew - Sonny Rollins With The Modern Jazz Quartet (CD, Album, RE, RM, SHM) Prestige UCCO-5229 Japan 2013
VICJ-5130 Sonny Rollins With The Modern Jazz Quartet • Art Blakey And Kenny Drew Sonny Rollins With The Modern Jazz Quartet • Art Blakey And Kenny Drew - Sonny Rollins With The Modern Jazz Quartet (CD, Album, Mono, Ltd, RE, RM, Pap) Prestige VICJ-5130 Japan 1995
CD 322 079 D1 Sonny Rollins Sonny Rollins (CD, Album, RE, RM) Koch Records International CD 322 079 D1 Austria 1987
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Miles Davis - greatest hits download mp3
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Home » Politics » Bernie Sanders: No Pentagon Funding Without a Vote on $2,000 Checks
Sen. Bernie Sanders (I-Vt.) wants to force a vote in the U.S. Senate on increasing Covid-19 relief checks from $600 to $2,000 per person. And he says he willing to hold up a massive defense-spending bill to get that vote.
The Senate is set to vote this week on whether to override President Donald Trump’s recent veto of the National Defense Authorization Act, an annual spending bill that funds the military. Trump had vetoed the NDAA in late December because he said he didn’t like that it called for renaming military bases that honored Confederate officials and because the bill didn’t include a repeal of Section 230 of the Communications Decency Act, which shields social-media companies and other tech companies from liability for content published by others using their technology. But boundless defense spending is one of the few things that Democrats and Republicans still agree on, and the Senate is widely expected to overturn Trump’s veto of the NDAA.
This is where Sanders comes in. He says he plans to filibuster the override vote for as long as he can in order to make Majority Leader Mitch McConnell call a vote on those $2,000 Covid relief checks. “McConnell and the Senate want to expedite the override vote and I understand that,” Sanders told Politico. “But I’m not going to allow that to happen unless there is a vote, no matter how long that takes, on the $2,000 direct payment.”
The lower, $600 direct relief checks included in the most recent coronavirus pandemic relief bill were the result of months of negotiations between House Speaker Nancy Pelosi (D-Calif.), Majority Leader McConnell, and Treasury Secretary Steven Mnuchin. But after Congress passed that compromise relief bill, President Trump called it a “disgrace” and threatened to veto it. He specifically singled out the $600 stimulus checks as “ridiculously low.”
On this, Trump found himself in alignment with Democrats in the House and Senate. Pelosi and Chuck Schumer, the top Senate Democrat, responded to Trump’s threat by saying they would push for follow-up legislation to increase the checks to $2,000, and on Monday the House of Representatives on Monday passed a bill to do just that, with 44 Republicans voting in favor. But McConnell has not said whether he would even allow a vote on the $2,000 checks, despite some support among Republicans such as Sen. Marco Rubio (R-Fla.) and Josh Hawley (R-Mo.). “I am concerned about the debt, but working families have been hurt badly by the pandemic,” Rubio wrote on Twitter. “This is why I supported $600 direct payments to working families & if given the chance will vote to increase the amount.”
By vowing to hold up the vote on the defense-bill override, Sanders is taking a cue from McConnell and using procedural tactics to get his way. He says he will attempt to keep senators in Washington through New Year’s Eve as part of his protest. Such a move would also pull Sens. Kelly Loeffler and David Perdue, the two Georgia Republicans competing in run-off elections that culminate on January 5, off the campaign trail in the race’s final days.
“The House passed a $2,000 direct payment for working people,” Sanders said on Twitter on Monday evening. “Now it’s the Senate’s turn. If McConnell doesn’t agree to an up or down vote to provide the working people of our country a $2,000 direct payment, Congress will not be going home for New Year’s Eve. Let’s do our job.”
Sanders’ allies on the progressive left praised his use of “hardball tactics” to get a vote on the $2,000 checks. “Sanders’ gambit is a potential sea change moment in contemporary politics,” writes David Sirota, a liberal journalist and former Sanders speechwriter. “For once, Republicans are being put in a tough spot to try to simultaneously justify rejecting a wildly popular proposal for direct domestic aid while rubber-stamping policies that allow for hundreds of billions of dollars of Pentagon spending — and they have to try to somehow rationalize that insanity during a pandemic and economic emergency.”
« Today's best mortgage and refinance rates: Friday, January 1, 2021
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Jefferson Varsity Football Hopes to Reap the Benefits of Last Year’s Learning Experience
Last season wasn’t the “normal” Jefferson Blue Jays football season. It wasn’t a bad season by any stretch of the imagination, but it wasn’t the type of season everyone was use to seeing. The 2020 campaign should be different.
Let’s just say that the 2019 Jefferson Blue Jays football season was…different. There were highlights and there were struggles, which doesn’t seem very different for most high school football squads. But after the last few seasons, the 5-5 record wasn’t necessarily what most folks were used to seeing from the Blue Jays. After Jefferson lost in week ten to St. Pius, 29-16, preparations for the 2020 season began in earnest.
And while the off-season was obviously different than any experienced previously, there was a sense of calm as head coach Alex Rouggly and his staff maneuvered through the pandemic. A lot of that, perhaps all of that, was possible because of one simple number.
Twenty-two.
That’s how many letter-winners return for Jefferson this season. The team lost Brandon Perry, Dylan Duncan, Connor Surratt, and Klarcke Watz to graduation. And while those losses are critical, leaving big shoes to fill, the possibilities are endless. “Our expectations are extremely high for this fall,” Coach Rouggly stated. “With the success that our program has had in the past four years, last year’s 5-5 football season left this group even more hungry for the 2020 football season. They weren’t alright with being an average football team. That’s what our coaching staff really likes about this group. Our goal, as always, is to be playing our best football at the end of the football season. We feel that we have a very competitive schedule that will only make us more prepared for the postseason.”
But that biggest immeasurable still has to be all those athletes that have been through this before. “It has been huge,” Rouggly admitted. “With all of the outside presence of COVID, when we started on July 1, you could see that the kids were genuinely excited to be back at school. At our first mini-camp on July 6, you could see that our system was taking care of itself. The kids looked like they hadn’t missed a beat with our play calls and their rules on those plays. That’s exciting as a coaching staff.”
Rouggly has five seniors he thinks will lead the charge this season. These are names folks have heard over the PA for a long time now, and they certainly won’t sneak up on their opponents. Dylan Schnitzler (RB/Strong Safety), Colby Ott (RB/WR/Free Safety), Dawson Jakoubek (Guard/Linebacker), Will Schnitzler (RB/Cornerback/Punter), and Steve Stephens (OL/DL) each return for their final season in Jefferson blue, and Coach Rouggly thinks they can do something special. Here’s his rundown of his senior standouts.
“Dylan brings a physical style of play with him,” Rouggly pointed out. “He is a leader-by-example type of young man. His work ethic is impeccable in everything that he does, and his teammates thrive off of that work ethic. He has put on about 20 pounds of solid muscle in the weight room, compared to last fall. We are expecting even bigger goals to be attained by Dylan this fall. Colby brings that wow factor with him when he competes in anything. He is the type of football player that can score any time he touches the football. It is our job, as a coaching staff, to make sure he gets more touches this fall than he did last year. He is a leader on the field in all three phases of the game. His football IQ is through the roof, as he will now be a four-year starter in our defensive secondary. He will return kicks and punts, and play offense and defense. Dawson has the intangibles it takes to play the game of football the right way. He is an avid student of the game, and his physical and mental presence on our offensive line has been extremely important in the continued evolution of our offensive line. This is a group that will only get better as the season progresses. His demeanor on defense is exactly what our linebacking core needs in order to be successful. He’s just a physical, hard-nosed, smart football player. Will brings a unique presence to the offensive and defensive side of the football for us. He has physically matured since last football season, putting on ten pounds of good weight. His long look to him gives us options on the offensive side of the football. He can play RB or WR at any time. On the defensive side, that body style will be huge for us at cornerback. He got better through the year last year, and we expect him to start off further ahead of that this year. His punting abilities have also been a huge asset for us. He has a live leg with a lot of consistency. And Steve is excited to compete in his senior season. Last year, his season was cut short due to an off-the-field injury. He is working himself back into shape. His first three steps off the line of scrimmage on either side of the football are the quickest we have seen in a while. He moves extremely well at both positions.”
Those five players alone would be enough to bring on a lot of optimism for the season. But Rouggly has more than seniors that are set to make an impact on the 2020 schedule. “Jackson Combs (OL/DL) is a junior who had a breakout season for us last year as a sophomore,” the head coach explained. “He is continuing to gain strength in the weight room while moving very well at the positions he plays. Junior Colton Richardson (QB/OLB) brings a physical presence to the quarterback position. He has grown in a very good way since last football season. We believe that Colton will be a huge asset for us on the offensive side of the football, and he was also one of our starting outside linebackers last year. He gained very valuable experience at that position. His presence on the perimeter of our defense will be vital for our defense to be successful this fall. Drew Breeze (QB/DB) is a junior and another young man who had a breakout sophomore season for us last year. His football IQ is very high, and he takes great pride in being a student of the game. His work ethic has put him in the position that he is going to be in this fall. We are expecting big things from Drew on both sides of the football. And Mason Campbell (OL/DL), just a sophomore this year, really stepped up for us last year from week five on, when Steve went down with his non-football injury. He started at center for us as a freshman for the final six games of the year, as well as getting a lot of quality reps on the defensive line. Mason is a great teammate and a hard worker. He understands his rules on the offensive line, which is a big deal for any high school offensive lineman. He will be a key part to a veteran group up front.”
One of the keys to this season is the depth that this team possesses. Rouggly had to mention several other athletes who he thinks will play critical roles. Here is his list:
Ethan Deal – SR – (OL/DL) – “We believe he is set up to have a breakout senior season.”
Ethan Boyer – SR – (WR/DB) – “He will be a great possession receiver for us this year. He is such a hard worker.”
JJ Irwin – SR – (TE/DE) – “JJ will be a huge asset for us on both sides of the football.”
Marquis Meyer – SR – (FB/LB) – “This is his first year playing high school football, but he is catching on fast. He will be a factor.”
Chase Politte – JR – (WR/DB) – “Chase is a hard worker, who takes pride in everything he does.”
Will Breeze – JR – (WR/DB/Kicker) – “Will is extremely athletic, and he will be a huge part of our offense and defense.”
Robbie Hurley – JR – (FB/LB) – “Robbie is poised to have a solid junior year on both sides of the ball.”
Karter Dowd – JR – (RB/DB) – “A hard worker who has put himself in position to play on Friday nights.”
Sean Usery – SO – (FB/OLB) – “He has grown in a very good way. He is ready for Friday night football.”
Konnor Armstrong – SO – (OL/DL) – “Konner has a great work ethic and is a great teammate with a high motor.”
Dylan Travica – SO (TE/DE) – “Dylan will add great depth for us at these positions.”
Gavin Theodoro – SO – (QB/DB) – “He is very athletic and will see some Friday Night Lights this fall.”
When asked about what his team’s strengths and weaknesses were heading into this season, Coach Rouggly was quick to answer. “Our strengths are our team speed. Our kids move well. We take a lot of pride in that. We switched some things up offensively after week four last year, which put our athletes in space a bit more. Plan on seeing more of that this season. We believe putting our athletes in space is a big strength of this football team. Every year our offensive line/defensive line is a work in progress. We say that, but we have four of our five linemen back. That core group has got to continue to improve week in and week out. We believe that will happen. As a program, we believe our team will go as far as our linemen will take us. This is a fun group to work with, and we believe they will be ready to go in August.”
The Jays will head south for the season opener, traveling to Fredericktown for a 7:00 p.m. tilt against the Blackcats on Friday, August 28. For the rest of the schedule, follow this link: 2020 Jefferson Football Schedule
Related Items:Alex Rouggly, Brandon Perry, Chase Politte, Colby Ott, Colton Richardson, Connor Surratt, Dawson Jakoubek, Drew Breeze, Dylan Duncan, Dylan Schnitzler, Dylan Travica, Ethan Boyer, Ethan Deal, Featured, Featured2, Gavin Theodoro, Jackson Combs, Jefferson Varsity Football, JJ Irwin, Karter Dowd, Klarcke Watz, Konnor Armstrong, Marquis Meyer, Mason Campbell, Robbie Hurley, Sean Usery, Steve Stephens, Will Breeze, Will Schnitzler
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Neema Shah
Neema Shah pursued a career in marketing after studying Law at University College London. She lives in South East London and once ran away to join a circus in New York. That’s a story for another time.
Kololo Hill is her debut novel, inspired by the 1972 Ugandan Asian expulsion and her own family background. The novel won the The Literary Consultancy Pen Factor Live, placed as runner-up in the First Novel Prize and York Festival of Writing Best Opening Chapter competition, shortlisted for the Bath Novel Prize and longlisted for the Exeter Novel Prize, SI Leeds Literary Prize and Retreat West Novel Prize. It will be published in the UK by Picador in 2021.
Neema also writes flash fiction and is currently working on her second novel. She prefers typing away at home but London Underground and Southeastern carriages seem to be her usual writing rooms.
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Date October 2020 September 2020 June 2020 May 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 July 2019 June 2019 April 2019 March 2019 January 2019 October 2018 September 2018 June 2018 April 2018 March 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 August 2016 July 2016 May 2016 April 2016 March 2016 February 2016 January 2016
Author Keren David
Savita Kalhan nominated for the CILILP Carnegie Medal 2020
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A Robot in the Garden to be Adapted for Stage
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Little Eve Wins Best Horror at British Fantasy Awards
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Sjeng Scheijen’s The Avant-Gardists shortlisted for Bookspot Literatuurprijs and Libris Geschiedenis Prijs
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Little Eve by Catriona Ward (W&N 2018) has won Best Novel at the Shirley Jackson Awards
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Marco Franzoso awarded the Mondello Prize for L'innocente
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Matt Morgan and Critical go on tour!
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Ahmed Saadawi awarded the Golden Tentacle
Many congratulations to Ahmed Saadawi, whose novel Frankenstein In Baghdad was awarded the Golden Tentacle for a debut. The Kitschies reward the year’s most progressive, intelligent and entertaining fiction that contain elements of the More...
A Perfect Explanation longlisted for literary prize
Eleanor Anstruther’s A PERFECT EXPLANATION has been longlisted for the Desmond Elliott Prize 2019. Congratulations Eleanor!! The prize, named after literary agent and publisher, Desmond Elliott, is given each year to a debut novel. The shortlist More...
2019 - The year of Gustaw Herling
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N.Y. Virus Deaths Hit New High, but Hospitalizations Slow: Live Updates
HomeAll Posts...NYT > Top StoriesN.Y. Virus Deaths Hit New High, but...
New Jersey and Connecticut also had one-day highs in coronavirus-related deaths. Officials in the three states still saw reason for hope.
The three states together reported 1,034 deaths in a day, the first time that the region’s single-day toll topped 1,000.
A refrigerated trailer serving as a temporary morgue at Kingsbrook Jewish Medical Center in Brooklyn on Tuesday.Credit…Demetrius Freeman for The New York Times
New York, New Jersey and Connecticut see one-day death spikes.
Five weeks into the coronavirus outbreak, officials in New York and New Jersey, the two states hit hardest by the pandemic, hoped that the number of virus-related deaths had reached a peak and would flatten or drop for a third straight day.
Gov. Andrew M. Cuomo said on Tuesday that 731 people had died of the virus since Monday, the state’s highest one-day total yet by more than 100.
“Behind every one of those numbers is an individual, is a family, is a mother, is a father, is a sister, is a brother,” Mr. Cuomo said at his daily briefing in Albany. “So a lot of pain again today for many New Yorkers.”
New Jersey’s toll also hit a new one-day high on Tuesday, with 232 people dying of the virus since the previous day, Gov. Philip D. Murphy said. On Sunday and Monday, deaths in the state were in the double digits.
Connecticut also reported its biggest one-day increase in deaths on Tuesday, with Gov. Ned Lamont saying 71 people had died since the day before. By comparison, Mr. Lamont had reported 17 new deaths on Monday.
The three states together reported 1,034 deaths in a day, the first time that the region’s one-day toll topped 1,000.
More people have died in New York and New Jersey, by far, than in any other state. The two states together account for more than half of the virus-related deaths in the United States. New York’s toll was 5,489 as of Tuesday; New Jersey’s was 1,232. In Connecticut, where the virus appears to have been slower to spread, 277 people have died.
“It’s almost unfathomable, folks, when you think about it,” Mr. Murphy said.
Still, all three governors said there were signs that the virus’s spread was slowing.
‘I Know It Feels Like a Lifetime,’ Cuomo Says of Coronavirus Crisis
Gov. Andrew M. Cuomo of New York said that coronavirus deaths hit a new one-day peak in the state, but that hospitalizations were slowing.
Total number of newly hospitalized is up from yesterday. But when you look at the three-day averaging of these numbers, the three-day average is down, which is good news. This is the three-day hospitalization rate. We tend not to look at any one day, day-to-day. It’s up somewhat. But if you look at the three-day average, it’s moving down, which is good news. The bad news is 5,489 New Yorkers have lost their lives to this virus. That is up from 4,758. That is the largest single-day increase. And we talk about numbers, but that’s 731 people who we lost — behind every one of those numbers is an individual, is a family, is a mother, is a father, is a sister, is a brother. So a lot of pain. Department of Health developed an antibody testing regimen that Department of Health has approved for use in New York State. That has to be brought to scale, and the Department of Health is going to be working with the F.D.A. to do just that. This tests the blood to determine whether or not you have the antibodies, which means you had the virus and resolved the virus. I know it feels like a lifetime. It’s been so disruptive. So abrupt. So frightening. So disorienting, but it’s only been 37 days, right? Everything in context and everything in perspective.
Gov. Andrew M. Cuomo of New York said that coronavirus deaths hit a new one-day peak in the state, but that hospitalizations were slowing.CreditCredit…Mike Segar/Mike Segar
Mr. Cuomo described death as a lagging indicator in the fight against the virus: People are often ill with it for a long time before they die, he said. By other measures, he said, the curve of infection was flattening in New York, even as the number of critically ill patients kept rising.
The number of virus patients in hospitals increased 4 percent since Monday, the fourth straight day that it had grown 7 percent or less after growing at least 20 percent a day for weeks.
The number of patients on ventilators in intensive-care units increased, too, but at the smallest one-day rate in weeks, up 2 percent since Monday.
As of Tuesday, there were nearly 4,600 patients on ventilators in New York, far fewer than pessimistic projections in recent weeks had said there might be. That has helped keep the state from exhausting its supply of ventilators.
In New Jersey, state officials said that about 1,651 people were in what they called “critical care” on Tuesday, up from about 1,500 patients on Monday. More than 90 percent of the patients in critical care, about 1,540, were on ventilators.
And as in New York, New Jersey officials noted that the numbers of people in critical care and on ventilators were far below their worst-case scenarios.
Mr. Cuomo, whose PowerPoint presentations have become an essential feature of his briefings, displayed a bar chart of hospitalizations that showed them clearly leveling off in recent days, with days in the near future labeled “projected plateau?”
For the number of people in hospitals to stop increasing, he said, New Yorkers must continue to vigilantly practice social distancing and other behavior that reduce the virus’s spread.
“To the extent that we see a flattening or a possible plateau, that’s because of what we are doing and we have to keep doing it,” the governor said.
Mr. Murphy said that while it appeared the curve of infection “may finally be flattening,” New Jersey residents needed to continue to stay inside or six feet away from one another.
Here are Tuesday statistics from New York, New Jersey and Connecticut:
Deaths: 5,489, up 731 from early Monday.
Confirmed cases: 138,836 statewide, up from 130,689 on Monday. In New York City, there were 76,876 cases, up from 72,181.
Hospitalized: 17,493 people statewide, up from 16,837.
In intensive care: 4,593, up 89 from 4,504 on Monday.
Deaths: 1,232, up from 1,000 on Monday.
Confirmed cases: 44,416, up from 41,255.
Hospitalized: 7,017.
In critical care: 1,651, up from 1,505 on Monday.
On ventilators: 1,540.
Deaths: 277, up from 206 on Monday.
Confirmed cases: 7,781, up from 6,906.
Hospitalized: 1,308, up from 1,221.
Virus deaths may be undercounted as more people die at home.
The official death figures, awful as they are, may not actually reflect the virus’s true toll Around the country, according to experts and officials, virus-related deaths are being undercounted because of inconsistent protocols and limited resources.
In New York City, the leader of the City Council’s health committee, Mark Levine, wrote on Twitter that people were dying at home at about 10 times the normal rate, presumably in large part because of the virus, but that many deaths were not being counted as virus deaths.
According to the news site Gothamist, the city medical examiner’s office has not been testing dead bodies for the virus and has instead referred what it considers “probable” virus deaths to the city’s health department.
But the health department counts only confirmed virus cases in its official death tally, Gothamist reported, suggesting that many virus deaths were being missed.
Asked on Tuesday about an increase in people dying at home, Mr. de Blasio said, “I’m assuming the vast majority of those deaths are coronavirus related.”
He added: “It’s understandable in a crisis that being able to make the confirmation is harder to do, with all the resources stretched so thin.” City officials, he said, were focusing their resources on “saving the next life.”
Still, he said, “We do want to know the truth about what happened in every death at home.”
New Jersey closes parks and forests. New York has yet to follow.
Gov. Phil Murphy of New Jersey on Tuesday ordered all state and county parks and state forests closed after what he said were many reports of people gathering too closely while they were outside.
“We’ve seen far too many instances in our parks where people are gathering and socializing in groups,” Mr. Murphy wrote on Twitter. “We need to #FlattenTheCurve.”
“I do not take this action lightly,” the governor wrote. “Some of my fondest memories with my own children are beautiful spring days in parks playing soccer and enjoying our family. But my focus, and my sole mission in life right now, is the health of every New Jersey family.”
Mr. Murphy also said that schools in New Jersey would remain closed indefinitely and that assessment requirements for students set to graduate from eighth and 12 grades would be waived.
“This will ensure that no student is left behind or unduly penalized due to these extraordinary circumstances,” he said.
Mr. Murphy’s extension of school closings came a day after Mr. Cuomo said schools in New York would remain closed until at least April 29.
The New Jersey’s governor’s order on the state’s parks also went further than Mr. Cuomo has gone, even as New York’s governor on Monday strongly criticized New York City residents who flooded parks over the weekend.
“Now is not the time to be lax,” Mr. Cuomo said. “Now is not the time to be playing Frisbee in the park with your friends.”
Aides to Mr. Cuomo said on Tuesday that there was no imminent plan to follow Mr. Murphy’s lead.
In N.Y.C., the coronavirus is killing men twice as often as women.
In its inexorable spread across New York City, the coronavirus is exacting a greater toll on men than women. Not only are men infected in greater numbers, new data show, but they are also dying at nearly twice the rate of women.
To date, there have been nearly 43 Covid-19 deaths for every 100,000 men in the city, compared with 23 such deaths for every 100,000 women, according to figures reported by the city’s health department. And men are being hospitalized with severe disease at higher rates.
The data, while disturbing, do not come entirely as a surprise. Similar trends have been observed in China and Italy, where men were both infected with Covid-19 and succumbed to it at higher rates than women.
Possible explanations for the disparity have ranged from differences in behavior — smoking rates among men exceed those among women in much of the world, for example — to biological differences.
Women have more robust immune systems, some scientists have noted, that provide an edge in fighting off infections — although it also makes them more susceptible to autoimmune disorders.
Physicians working at hospitals throughout the city say the gender disparity is stark and impossible to miss.
“I’m in the emergency room, and it’s remarkable — I’d estimate that 80 percent of the patients being brought in are men,” said Dr. Hani Sbitany, a reconstructive surgeon at Mount Sinai Health Systems who has been treating Covid-19 patients in Brooklyn. “It’s four out of five patients.”
Their grandmother left by ambulance. Now her family can’t find her.
The emergency medical technicians who rushed into Maria Correa’s room in protective gear found a pulse. They told the family in Queens that they were taking her to Jamaica Hospital Medical Center, one of many health care facilities in New York City overwhelmed by the coronavirus outbreak.
But when her family called the hospital the next day to check on her condition, they were told she was not there.
For a week, family members called the fire department, other hospital offices and the emergency medical service that had picked her up, near death, from her home in Woodhaven on the last Monday in March.
But Ms. Correa, 73, was nowhere to be found.
“I believe she passed away,” said Janeth Solis, a member of Ms. Correa’s family who has led the increasingly frantic search to find her. “But where?”
Reporting was contributed by Jonah Engel Bromwich, Maria Cramer, Alan Feuer, Michael Gold, Joseph Goldstein, Jeffery C. Mays, Jesse McKinley, Andy Newman, Sharon Otterman, Roni Caryn Rabin, Azi Paybarah Matt Stevens and Ali Watkins.
THIS IS A GENERATED TEMPLATE FILE. DO NOT EDIT.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
It seems to spread very easily from person to person, especially in homes, hospitals and other confined spaces. The pathogen can be carried on tiny respiratory droplets that fall as they are coughed or sneezed out. It may also be transmitted when we touch a contaminated surface and then touch our face.
What makes this outbreak so different?
Unlike the flu, there is no known treatment or vaccine, and little is known about this particular virus so far. It seems to be more lethal than the flu, but the numbers are still uncertain. And it hits the elderly and those with underlying conditions — not just those with respiratory diseases — particularly hard.
What if somebody in my family gets sick?
If the family member doesn’t need hospitalization and can be cared for at home, you should help him or her with basic needs and monitor the symptoms, while also keeping as much distance as possible, according to guidelines issued by the C.D.C. If there’s space, the sick family member should stay in a separate room and use a separate bathroom. If masks are available, both the sick person and the caregiver should wear them when the caregiver enters the room. Make sure not to share any dishes or other household items and to regularly clean surfaces like counters, doorknobs, toilets and tables. Don’t forget to wash your hands frequently.
Should I stock up on groceries?
Plan two weeks of meals if possible. But people should not hoard food or supplies. Despite the empty shelves, the supply chain remains strong. And remember to wipe the handle of the grocery cart with a disinfecting wipe and wash your hands as soon as you get home.
Should I pull my money from the markets?
That’s not a good idea. Even if you’re retired, having a balanced portfolio of stocks and bonds so that your money keeps up with inflation, or even grows, makes sense. But retirees may want to think about having enough cash set aside for a year’s worth of living expenses and big payments needed over the next five years.
Pipeline: 2020-02-05-styln-faq-coronavirus | April 6, 2020, 04:20PM | 9e8fef11d870f2855988ef8f2b5089bb321cb187
Source: N.Y. Virus Deaths Hit New High, but Hospitalizations Slow: Live Updates
Coronavirus (2019-nCoV) New York City New York State
France is fourth country to pass 10,000 coronavirus deaths
Indonesia hunts for survivors after deadly quake in Sulawesi [upi.com]
Justice Dept. watchdog opens probe of response to riot [abcnews.com]
With armed protests planned after D.C. attack, ban open carry of guns at state capitols [usatoday.com]
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| ERROR: type should be string, got "https://apnews.com/article/bill-murray-book-of-job-reading-560051528be6d9727f8c32dbba5d536d\nReinventing Faith\nA unique recipe for healing: Bill Murray and a biblical text\nBy ELANA SCHOR and ANDREW WELSH-HUGGINSDecember 6, 2020 GMT\nIn this November 12, 2020 image taken from video, actor Bill Murray takes part in a virtual production of \"Poetry for the Pandemic.\" Murray is set to play Job in a biblical reading designed to spark meaningful conversations across spiritual and political divides. (Theater of War Productions via AP)\nAgainst the backdrop of a pandemic’s blight and wounds from an acrimonious election, a group of acclaimed actors on Sunday staged an online reading of a religious text with remarkable relevance to the current moment: the Book of Job.\nAudience members may have been drawn to the production by the casting of Bill Murray as Job, the righteous man tested by the loss of his health, home and children, but the real star was the format. Staged on Zoom, it was aimed at Republican-leaning Knox County, Ohio, with participation from locals including people of faith, and designed to spark meaningful conversations across spiritual and political divides.\nAfter the performance, several people from the area were asked to share their perspective on the ancient story in a virtual discussion. It was then thrown open to some of the scores of others signed in, no matter their location. One young woman studying social work shared that Job’s judgment at the hands of others during his suffering inspired her to reflect on “how I am practicing empathy” during the coronavirus.\nThe structure of a dramatic reading followed by open-ended dialogue is a fixture of Theater of War Productions, the company behind the event. Artistic director Bryan Doerries is an alumnus of Kenyon College in Knox County and chose the area to focus on bridging rifts opened by the election and sharing the pain of a pandemic that’s tied to more than 275,000 U.S. deaths.\nBy using Job’s story “as a vocabulary for a conversation, the hope is that we can actually engender connection, healing,” Doerries said. “People can hear each other’s truths even if they don’t agree with them.”\n– Vatican: Pope to visit Iraq in March, pandemic permitting\n– Christmas tree-lighting in Bethlehem a muted, virtual event\n– Religious right eyes Biden warily after Trump's good favor\nThe performance was headlined by Murray and featured other noted actors such as Frankie Faison and David Strathairn. The cast also included Matthew Starr, mayor of the Knox County town of Mount Vernon, who will play Job’s accuser. He said the timing is perfect for the moment the country is going through, between the pandemic, the heated election and racial justice protests.\nHis hope is that the event and the dialogue afterward lead to less shouting and more listening. And a good story like that of Job can do so more effectively than a new law or a new directive, by changing people’s hearts, said Starr, a Republican and supporter of President Donald Trump who founded an independent film company before going into politics.\n“God does not say that bad things aren’t going to happen, but He does tell us, when they do, we’re not alone,” Starr said.\nKnox County, a largely rural community of about 62,000 residents including a medium-size Amish population, lies about an hour east of the state capital, Columbus. Despite its numerous farms, most people in the county work blue-collar manufacturing jobs at several local factories.\nThe county, which is 97% white, is a conservative stronghold that voted for Trump by a nearly 3-1 margin in November and also went overwhelmingly for him in 2016.\nAn exception is Kenyon College, a small liberal arts school perched on a hill a few miles outside Mount Vernon. Voters in the precincts comprising the college and the village of Gambier voted 8-1 for President-elect Joe Biden.\nTo help prompt more locals to engage in the post-reading conversation, Doerries worked with leaders from multiple faith traditions. Among them is Marc Bragin, Jewish chaplain at Kenyon, who said he hopes the experience can help people who share bigger values look beyond their differences.\nBragin, administrator of a project backed by the nonprofit Interfaith Youth Core that partners Kenyon students with counterparts at nearby Mount Vernon Nazarene University, said he’s hopeful they will attend the discussion and take away an important lesson: “Surround yourself with people who aren’t like you,” he said, “and you can have such a bigger impact on your community, your world.”\nPastor LJ Harry, who has also been recruiting people for the virtual conversation, does not believe Knox County is as divided as other places in the country. The police chaplain and pastor at the Apostolic Church of Christ in Mount Vernon said most in the area are united in their support for Trump and for law enforcement, with protests after the death of George Floyd spirited but peaceful.\nHarry said the community’s biggest point of contention is over mask-wearing, with many resisting Republican Gov. Mike DeWine’s statewide mandate. He likened Knox County’s need for healing to that of a hospital patient who has left intensive care but remains in a step-down unit, and said he hopes the performance will drive home God’s central role in Job’s story.\n“That’s the message I’m hoping our church family, our community, hears,” Harry said. “God has this in control, even though it feels like it’s out of control.”\nIn the biblical tale, God allows for Job’s massive losses as a means to share broader truths about suffering. The story ends with the restoration of what was taken from him, plus more.\nFull Coverage: Religion\nTheater of War held its first Job reading in Joplin, Missouri, a year after a tornado killed more than 160 people there in 2011. The company has performed more than 1,700 readings worldwide, harnessing Greek drama and other resonant texts to evoke deeper dialogues about an array of issues.\nDoerries acknowledged that his company’s readings always have the potential to fall flat if a genuine back-and-forth doesn’t develop. Still, he’s betting that Sunday’s event could create space for people from different backgrounds, in Ohio and beyond, to engage with each other.\n“Our hope is not that there’s going to be a group hug at the end of the thing, or that we’re going to resolve all our political differences, but that we can remind people of our basic humanity … what it requires to live up to basic values such as treating our neighbor as ourselves,” Doerries said."
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Former India captain Ganguly hospitalised
Former India captain Sourav Ganguly, who also heads the country's cricket board (BCCI), was admitted to a hospital in Kolkata on Saturday after complaining of chest pain.
One of India's most successful captains, 48-year-old Ganguly, who hails from the state of West Bengal, took over as the BCCI president in 2019.
His transition from a player to top administrator was seen as a natural progression for a former captain who helped India emerge from a damaging match-fixing scandal in 2000.
"Sad to hear that @SGanguly99 suffered a mild cardiac arrest and has been admitted to hospital," Mamata Banerjee, the chief minister of the West Bengal, said on Twitter.
Local media reported that Ganguly complained of chest pain after a gym session on Friday and was taken to hospital after the problem recurred on Saturday.
Messages poured in on social media from the cricketing community wishing Ganguly, fondly known as "dada" or "elder brother", a speedy recovery.
"I wish and pray for the speedy recovery of @SGanguly99. I've spoken to his family. Dada is stable and is responding well to the treatment," BCCI secretary Jay Shah said on Twitter.
The former left-handed batsman, who scored 7,212 Test runs with 16 centuries, retired from international cricket in 2008 after playing 113 Tests and 311 ODIs.
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Labuschagne falls for 91 in SCG Test
Marnus Labuschagne has fallen nine runs short of becoming Australia's first centurion of this Test summer.
Labuschagne, who has been Australia's leading run-scorer in the current series against India, looked to be marching towards three figures at the SCG on day two of the third Test.
The right-hander was on 67 when he resumed on Friday, seeking to hammer home Australia's advantage.
Labuschagne largely played spinners Ravichandran Ashwin and Ravindra Jadeja with ease during Friday's opening hour of play, stroking two boundaries off the latter.
But he came unstuck on 91 while facing Jadeja, when stand-in skipper Ajinkya Rahane gleefully accepted an edge at first slip.
It is the first time the 26-year-old has been dismissed in the nervous 90s during his 17-Test career.
Labuschagne departed in the same over that he brought up a 100-run stand with Steve Smith.
The SCG was the scene of Labuschagne's career-best knock of 215 against New Zealand a year ago.
The classy batsman now boasts a Test average of 100.75 at the venue.
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Saturday Night Live adds UT alumnus to cast
(Andrew Dismukes/Instagram)
Andrew Dismukes, UT alum, goes from SNL screen writer to cast member this season.
The Saturday Night Live cast is getting a little bit of Texas flair with its new addition, UT Austin alumnus Andrew Dismukes.
Dismukes is entering his fourth year as a writer for the show and will now be featured as a cast member for season 46, along with new cast members Lauren Holt and Punkie Johnson, SNL announced on social media.
A Port Neches native, Dismukes started his comedy career at an East Austin coffee shop Cenote. He performed his first set as a freshman and went on to host the weekly "Chortle Portal" comedy showcase in the Taos co-op. He was also the runner-up for Cap City Comedy's Funniest Person in Austin in 2016.
He performed around Austin until his last semester of college when he traveled to Los Angeles with the Wofford Denius UTLA Center for Media and Entertainment Studies.
Dismukes, a 2017 radio-television-film graduate, was discovered by his manager while performing a set at the Just for Laughs Comedy Festival in Montreal, Canada. After he was signed as a client, Dismukes continued to work various standup jobs in California until he got a call from his manager asking him to fly to New York.
Then, he found himself standing on a stage in front of famous SNL producer Lorne Michaels.
"It's intimidating," Dismukes said. "You can hear the lack of laughter in your head."
But Michaels, among others in the room, must've found Dismukes funny because after a second audition, he was offered a contract from September to May on the show.
More on comedy:
Austin's Cap City Comedy closes its doors for good in the wake of the pandemic
Iconic Mugshots Bar closes after 18 years - austonia ›
12 Austin podcasts you can't miss - austonia ›
Meet SNL's new cast members: Punkie Johnson, Lauren Holt and ... ›
Entire 'Saturday Night Live' Cast Set to Return for Season 46 ... ›
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A Little Luck Helps – Debut Novelist Rachel Cline
An Exclusive Authorlink Interview with Rachel Cline
Author of What to Keep (Random House, April 2004)
Buy This Book via Amazon.com
Rachel Cline's first novel focuses on the 30 year evolution of the relationship between a young Midwestern woman, Denny Roman, and her mother. What to Keep (Random House, April 2004), portrays Denny in her efforts to differentiate herself from her mother, draw strength from other people who love her, and ultimately to love herself. The story begins in 1976, skips to a weekend in 1990, and then moves to New York City for a week in 2000.
Here, Rachel talks about both the luck and surprises involved in the publishing experience.
"But when I began writing, all kinds of things in the story shifted." Cline
AUTHORLINK: Where did your ideas originate for this book?
CLINE: I had been in Hollywood trying to become a screenwriter, so the book began as a screenplay. the pitch was: What if an ordinary middle-aged woman decided she was irresistibly sexy? That's why the story feels a little like a three-act play. But as I wrote, the tale evolved into something entirely different, and the sexy woman faded into the background.
Turning 40 spurred me to do something I had always wanted to dowrite a novel. I realized no one was ever going to ask me to do that, so I had to do it myself. I started out converting this screenplay into prose because coming up with an idea for a novel was too intimidating. But when I began writing, all kinds of things in the story shifted. For example, the character Maureen demanded to be created, though she wasn't in the screenplay version at all..
AUTHORLINK: Is Denny, your the main character, really you?
CLINE: All of the characters are me, including Denny. Many of Denny's experiences are my own, especially in the third section of the book, but Lily and Maureen and even Phil also have experiences that come from my life. Lily, Denny's mother, is in some ways also modeled on my own mom. I was trying to portray what it would feel like to be committed to a career while at the same time being a parent. My own parents' divorce was amicable but of course it was a mystery to me. So trying to understand how my mother's life might have been was also something I was working out in the writing.
AUTHORLINK: When Maureen dies, her son Luke shows up on Denny's doorstep, and she takes him to raise. Did you intend all along for that to happen? And what role did Luke play?
CLINE: I had put the manuscript aside for a long time and moved across country. During that time my father died a lingering death, and that spring a very dear friend also died quite suddenly–like Maureen does. When I got back to writing I killed Maureen–who may actually be my favorite character, so I guess I was working through the losses in my own life. As for Luke, he gives Denny an opportunity to be a parent, and he's a link back to Maureen.
"Finding an agent was pure luck." Cline
AUTHORLINK: How did you find agent for the work?
CLINE: Finding an agent was pure luck. I moved back to New York because my dad was dying, and about a year later I was laid off from my job right, and 9/11 happened. The only thing I could think about was the attack, so I wrote a long essay about that. I ran into a friend from high school who edited a local literary magazine and she published the piece there a few months later.
Nina Collins, who had just opened a small agency with a partner, David McCormick, very coincidentally happened to read my essay in the little magazine. She wrote me a letter care of my old friend the editor–it took almost three months to get to me. When we met, she asked me what else I had and by that time I had a complete draft of the novel in a box under my bed. I liked her instantly, and had no desire to "shop around" the manuscript, anyway, so I signed with her pretty much there and then. I think mine was the first or second novel she went out with, but since then she's made quite a splash–Collins & McCormick has five full-time agents now and I think they're about to add a sixth.
AUTHORLINK: What was Nina's strategy for selling the work, and how difficult was it to sell the work?
CLINE: We developed a tiered list, taking the top 8 or so houses first, which was as far as it went. Daniel Menaker, who was then at HarperCollins, made us an offer within a week. It was a real Cinderella story. Nina knew Dan because he and her partner David had worked together at The New Yorker a long time ago, but his quick response surprised us all, I think. When he moved to Random House six months later and took my book with him, I knew I had an ally for life.
AUTHORLINK: Did Dan make many revisions to the manuscript?
CLINE: We went through three rounds of editing, but Dan is not a "big red pencil" guy. His edits tended to be comments like, "Needs more," or "You could do better, here." It was subtle, but in the end he helped me write a much better book.
" I have finished a memoir and am at work on a second novel." Cline
AUTHORLINK: Do you have other works underway, and is this the only book you have sold to Random House?
CLINE: I have finished a memoir and am at work on a second novel, both under contract with Random House.
AUTHORLINK: What is the second novel about?
CLINE: It's set in Hollywood, and its about a competitive relationship between two creative, ambitious women.
". . .it's difficult these days to get seen." Cline
AUTHORLINK: How are you promoting What to Keep?
CLINE: Random House has supported the book with in-store placement and co-op ads. But it's difficult these days to get seen. I have paid for a web site, and have sent myself on a ten-city toursleeping on friends couches and traveling by train. I'm hoping Random House will put a little more marketing behind the paperback version, which comes out next spring.
" It's a great experience. I got what I always wanted." Cline
AUTHORLINK: How does it feel to be a newly-published novelist?
CLINE: It's a great experience. I got what I always wanted. How many people can say that? What I hadn't expected, and what I am coming to terms with, is how hard it is to get read. There are so many novels on the market. I grew up in a world where novelists had the celebrity status of today's rock stars. Now, it's a different world.
"Try to find a way to be your own best friend!" Cline
AUTHORLINK: Can you offer any advice to new writers trying to break into publishing?
CLINE: Try to find a way to be your own best friend! I have the best editor and agent anywhere, but I'm the one who has to keep me going, the one who has to do the work.
AUTHORLINK: How do you keep up your spirits?
CLINE: I try not to beat myself up when things don't go well. I remind myself that I'm not Proust. It's only as good as I can make it, and that's still pretty good. And I always try to have more than one project goingso if one thing is going badly I can work on the other thing.
AUTHORLINK: What are your writing habits?
CLINE: My routine varies. If I'm generating new material, I write for about 3 hours in the morning. I try to get a thousand words a day of new stuff, but sometimes its only five or six hundred. I usually do revisions and promotional stuff, answering e-mail, and other non-generative work, in the afternoons.
AUTHORLINK: What do you hate most about the process of publishing?
CLINE: I hate the solitude! After writing all day, I miss the the gatherings at the water-cooler. I miss having other things to talk and think about besides me and my stupid work!
AUTHORLINK: How would you like for people to perceive you?
CLINE: The phrase I'd like to see on my gravestone is, "here lies a woman with a sense of humor."
Rachel Cline is single and has no children. She lives in Brooklyn with her two cats.
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Essays Database Essays Here’s much to do with hate, but more with love Essay
Here’s much to do with hate, but more with love Essay
“Here’s much to do with hate, but more with love.” Shakespeare’s world is foreign to us only in some of its customs and value systems. The variations he plays in ‘Romeo and Juliet’ on the theme of love, its corollaries and antitheses are timeless. Do you agree?
Throughout ‘Romeo and Juliet’ aspects of time and love play major parts in the destiny of our two lovers. Whilst features of the play seem foreign and unknown to us, there are also many situations with which we can relate. Maybe this sixteenth century play is not so far off from our modern day world.
One aspect of Elizabethan life that stands out in the play is that of arranged marriages. When reading about how Juliet is forced to marry Paris, we are quite shocked. At present, for most of us, the idea of an arranged marriage seems highly absurd and quite outrageous; surely people are allowed to make their own mind up! Yet in the Elizabethan world this was not uncommon. Juliet is given a choice; marriage or turned out ‘to hang, beg, starve, die in the streets.’ This event seems unfair, yet it is just illustrating how, in certain aspects, our two worlds do not share their views.
We will write a custom essay on Here’s much to do with hate, but more with love specifically for you
This idea of love, where Juliet is treated as a possession, is a perfect example of how times change. Both Juliet’s mother and her father love her not because of who she is, but more because of what she is worth. Lord and Lady Capulet show this throughout the play, in particular during Act 3 Scene 4, and Act 4 Scene 5 when they find out Juliet is dead. Lady Capulet shows how selfish she really is, saying ‘ But one, poor one, one poor and loving child,
But one thing to rejoice and solace in.’
A daughter is merely a possession, reducing love to making a ‘good’ marriage, ensuring social and financial enhancements.
Another element where our two worlds collide is that of family grudges! Television programmes such as ‘neighbours from hell’ demonstrate this in our modern world. The bitter resentment between the Montagues and the Capulets illustrate this in the sixteenth century. The rancour felt between the two families resulted in the death of both of the children. It also led to many street brawls; a feature with now remains foreign to most modern citizens. ‘Clubs, bills, and partisans! Strike!’ The weapons used in this time period were somewhat different to those that we now use.
However, Shakespeare’s theme, timelessly modern, is love and its antitheses of hatred, and rancour. Tybalt mainly expresses these feelings, with his negatively destructive attitude towards others. He seemingly loves to hate, and then hates to love. Tybalt appears jeopardized by the happiness felt by other characters. When he sees the love felt between Romeo and Juliet, he vow to turn this intrusion ‘now seeming sweet’ to ‘bitterest gall.’ Sadly, to the regrets of others, he succeeds. Many people in our current situation share these beliefs and views. September 11th is a perfect example of where these feelings come into play in our modern world.
The nurse expresses a rather more humorous corollary of love. To her, love is really legalised copulation. She may be well meaning, but unfortunately her views on love seem not to extend further than that of sexual activities- ‘Thou wilt fall backwards… women grow by men.’ The nurse appears dithery, voicing her views and opinions differently, depending on which character she faces. I suppose to the audience she could appear very two-faced, yet this is really just her harmless manner. Maybe it is due to her lack of experience, that she cannot feel the depth and strength of true love.
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Both Paris and Benvolio show types of love that are truly genuine. These are attitudes that are truly timeless, and will never falter. Benvolio expresses love of man for man. Whilst he may jest and laugh at Romeo’s infatuation with Rosaline and then Juliet, he secretly cares deeply about Romeo. Paris on the other hand, expresses the genuine love of man for woman. Regrettably, his feelings are not returned, yet Paris stays devoted to Juliet, promising to strew flowers and weep over her tomb every night. Even when facing death, his only wish is to be near Juliet- ‘If thou be merciful, Open the tomb,
Lay me with Juliet.’
Surely love like this still exists, whether it may occur in a simple playground crush or a more deep and demanding love.
Another corollary of love, which we all hope is as foreign as possible to our world, is the love felt by Sampson and Gregory. Love, to them, simply means the rape of Montague women. This is rather absurd to most people, although rape and sexual assault are still present in society. Sampson and Gregory also portray many customs that are unfamiliar to us. From them we learn of bucklers and colliers (weapons used in fighting). In the rather comical fighting scene between Sampson, Gregory, and two other servicemen from the house of Montague, we hear of quite a few insults; ‘a dog of that house’ and ‘I do bite my thumb.’ To the audience, this is rather entertaining but is quite ‘out of date.’
Towards the beginning of the play we read of the grand Capulet ball. It is here that the lovers first meet. It also provides a large insight into the customs of the Shakespearean era. This gives us many material aspects where the era is foreign to us. The plates are wooden instead of pottery, the tables, chairs, and buildings on the whole, are wooden. When people arrive, they bring their own knives, which they put down on the table to mark their place. These are just a few of the differences that are unusual to us.
True love is possibly one of the only emotions or aspects that has remained completely whole over the years. It is blinding and inspiring, creating moments of pure amazement and perfection. It is from this true form of love that Romeo and Juliet’s relationship began. Yet true love could also be the cause of ruin to both of them, because it is from true love that the hatred and envy has sprung.
This love inspires Romeo- she ‘teaches the torches to burn bright…’ It makes him question what he previously believed- ‘Did I ever love until now?’ It is clearly love at first sight, an electric flash of blinding light. The verbal kiss shared between Romeo and Juliet is a poem of love. Religion is mentioned, whereby Romeo sees himself as a pilgrim at a saint’s shrine. This relation to religion is slightly foreign to us now. As times have changed, the necessity to talk of religion has faded. In Elizabethan times the country was mainly Christian, with most people attending church. Now, modern England is multicultural, along with many atheists. Although this connection to religion is foreign, citizens understand the broad meaning of the passage today. We can relate to these feelings of true love.
Juliet’s love, being rather similar to that of Romeo’s, is true love, suddenly sprung from nowhere. This love at first sight may be the end of both of them, yet consequently, it is these deaths that reunite the families after years of hatred. Maybe these deaths could have been avoided if our two lovers had not been so hasty, yet this was not so.
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Shakespeare’s world, in Elizabethan times, varies greatly to our current world, yet in many ways, certain parts of their life can be related to. From a materialistic view, we share no similarities; we dress differently, speak differently, and even fight differently. However, when one looks harder, one realises that, whilst appearances have changed with time, love has become timeless. In its many different corollaries and antitheses, love has passed the test of time, and still lives on.
"Here's much to do with hate, but more with love" Essay 1103 Words | 5 Pages
Through a close study of Shakespeare's language, analyse how ideas of love and hate are linked in Romeo and Juliet. William Shakespeare is undoubtedly one of the greatest playwrights and poets the world has ever seen. During his life he wrote around 40 plays, Romeo and Juliet is one of the most famous and well-known one. The story is about two families "both alike in dignity" whose ancient feud has caused many problems in Verona for years, then two members of different families (Romeo and Juliet) fall in love and "take their life". From the outset of the play it...
How does Shakespeare explore the themes of hate and love through the words of his characters in Romeo and Juliet? Essay 2304 Words | 9 Pages
Romeo and Juliet is a story of two warring families who despise each other. The Montague is the house of Romeo's. The house of Juliet's family is the Capulets the play rotates between passionate love scenes to ghastly bloody fight scenes. Also in the play, there are different types of love such as unrequited love, love at first sight, parental love, friendship love and love of family honour and name. In the essay, I will look at the language of love and hate in a variety of scenes. In act 1 scene, one Romeo is in love with Rosaline but...
How does Shakespeare present the themes of love and hate in Act 1 (focusing on Scene Five) of Romeo and Juliet? Essay 1460 Words | 6 Pages
The presentations of both love and hate reach their first climaxes in Act 1, in the meeting of Romeo and Juliet, and in the hatred that Romeo stirs in Tybalt during that meeting. The characters playing major roles in this scene, Romeo, Juliet and Tybalt, are each seen to experience both ends of the emotional spectrum, and the way Shakespeare orders events highlights this contrast, and also helps build dramatic irony. Shakespeare's presentation of love and hate is defined in the Prologue, where the Chorus recites a sonnet that informs the audience of the conclusion of the entire drama, where...
Much Ado About Nothing - Do Men In The Play Hate Or Love The Women? Essay 698 Words | 3 Pages
In this essay I will analyse scenes one, two and three of act one of the play Much Ado About Nothing written by William Shakespeare. In this play we follow two pairs of lovers, Claudio and Hero and Beatrice and Benedick. Although the main plot surrounds Claudio and Hero we are more concerned with the love-hate relationship between Beatrice and Benedick. Right from the beginning of the play we are told by Leonato that Beatrice and Benedick take part in a "merry war" and that "there's a skirmish of wit between them". This allows us to believe that the pair...
Is Romeo and Juliet is infatuated or they are in love? Essay 1404 Words | 5 Pages
The play I will study is called 'Romeo and Juliet' who was written by William Shakespeare around 1595. Shakespeare is one of the most famous writers in the world. He wrote many different styles such as comedies, plays, tragedies and poems but most of his writing is about love. Romeo and Juliet is one of the tragedies, which is famous love story in the world. It is about two main characters that cannot love each other and these two main characters is Romeo and Juliet as you thought by looking at the title. They are young lovers who loved each...
Christmas Gifts You Love (to Hate) Essay 877 Words | 3 Pages
Christmas Gifts You Love (to Hate)Zack ImusChristmas. The most exciting and anticipated holiday of the year. A timewhen visions of sugar plums--or stereos, new cars, the latest computer, andvarious other desirable and expensive gifts--dance through our heads.Unfortunately the reality of Christmas gift-giving is often a far cry from ourvisions.When we're children, it seems as the holidays approach that anything ispossible. But as we mature and gain experience with this annual observance iteventually begins to dawn on us that it might not always be all it's cracked upto be. By the time we've reached our late teens--when, coincidentally, thepotential for receiving...
Romeo and Juliet about love Essay 908 Words | 4 Pages
Romeo and Juliet's love is very different to others that we see in the play, a few examples of the different types of love in the play are the Capulet's attitude towards love in Act 1, Scene 1, Romeo and Rosaline's love, Capulet and Lady Capulet's, Capulet and Juliet's, Paris and Juliet's and Mercutio's attitude towards love. The Capulet servants' attitude towards love in Act 1, Scene 1 is a more aggressive form of love; it is very lustful and boastful, which often links sex and aggression by using words. Romeo and Rosaline's love can be called unrequited love, which...
Show how Romeo is changed by love and how the language of Shakespeare conveys this change Essay 1334 Words | 5 Pages
Romeo and Juliet was written in Elizabethan times, and the traditional Elizabethan language that was used in the play, was used to convey emotions. As the play progresses, the language Romeo uses changes, making it indisputable that his feelings change. These changes are shown by figurative clevices, such as metaphors, similes, and cosmic references. As the play moves on, Romeo's language changes from oppressive to unrestrained and carefree. Looking at scenes from the play, I will display these changes. In Act One, Scene One, Romeo is in a despondent, and dejected state of mind, because of his feelings for Rosaline....
Topic: Here’s much to do with hate, but more with love Essay
Here's much to do with hate, but more with love Essay
"Here's much to do with hate, but more with love." Shakespeare's world is foreign to us only in some of its customs and value systems. The variations he plays in 'Romeo and Juliet' on the theme of love, its corollaries and antitheses are timeless. Do you agree? Throughout 'Romeo and Juliet' aspects of time and love play major parts in the destiny of our two lovers. Whilst features of the play seem foreign and unknown to us, there are also many situations with which we can relate. Maybe this s
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US grants licenses, and clarity, to handful of Huawei suppliers
Commerce Department to give 'several' approvals after receiving nearly 300 requests
ALEX FANG, Nikkei staff writer November 21, 2019 06:13 JST | China
NEW YORK -- The U.S. will issue "several" licenses to companies that supply Huawei Technologies but will deny others, the Commerce Department said Wednesday, in moves that will likely shape the future of Chinese tech giant's supply chain.
The U.S. government will grant "narrow" licenses to authorize "limited and specific activities which do not pose a significant risk to the national security or foreign policy interests," a department spokesperson said. The spokesperson added that Huawei remains on its so-called Entity List, which essentially bans American companies from supplying products to the world's largest telecom equipment maker unless they are granted approval.
While recipients of these licenses were not disclosed, the department's announcement signals Huawei will soon get some certainty -- albeit not necessarily relief -- on the status of its ties with partners ranging from semiconductor manufacturers to Google, which supplies the Android operating system for its smartphones.
The Commerce Department's announcement comes amid U.S. and China's silence on a so-called phase 1 trade deal, which was previously floated by President Donald Trump for signing by mid-November. This month, Trump disputed Chinese and American officials' statements about a rollback of tariffs on China, calling into question how much progress has been made in trade talks.
Trump has said on several occasions earlier this year that Huawei could be part of trade talks between the two countries.
The U.S. has received more than 290 requests for case-by-case licenses to do business with Huawei, Secretary of Commerce Wilbur Ross told local media Tuesday.
"We have now been starting to send out the 20-day intent to deny letters and some approvals," Ross said.
So far the Commerce Department's decision-making process regarding these applications remains largely a black box to businesses awaiting results on their license requests.
"While the Commerce Department ... has said that any Huawei export or reexport licenses will be limited to specific activities that do not pose a significant risk to U.S. national security or foreign policy interests, no specific standard has been set as as to the types of products that will be licensed," said Douglas Jacobson, a partner at Washington-based law firm Jacobson Burton Kelley. “Because the Entity List licensing policy is presumption of denial, each license application is reviewed on a case-by-case basis."
Companies that have received intent to deny letters still have an opportunity to appeal, while for some others decisions are still pending, said Kevin Wolf, a former U.S. assistant secretary of commerce and partner at law firm Akin Gump.
Wednesday's announcement also comes on the heels of another 90-day reprieve for Huawei from the Commerce Department, which on Monday renewed the temporary general license that allows all companies to continue their existing business with the company.
Huawei and dozens of its affiliates were added to the Entity List in May by the Bureau of Industry and Security, an agency under the Commerce Department responsible for export control. The Chinese company had stockpiled a year's worth of supplies ahead of the ban.
Additional reporting by Taisei Hoyama in Washington.
Huawei pays staff mega 'dedication' bonus for resisting Trump
Bill Gates: Paranoia on China is a 'crazy approach' to innovation
Inside Huawei's secret plan to beat American trade war sanctions
Trump's blacklist squeezes 200 Chinese companies as net widens
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The BMW Group as partner
The University of St.Gallen in Switzerland and the BMW Group are collaborating closely in a number of research areas. Knowledge and technology transfers between our two organisations are particularly strong in the field of «Customer / Premium / Marketing».
By working together business and science can help build a more sustainable world for tomorrow. That’s why the University of St.Gallen and the BMW Group are intensifying collaborations in a partnership designed to support the active transfer of knowledge and technologies in a wide range of topics. Further inspiration for both sides is expected to come from the mutual exchanges between upcoming academics and the world of business.
Customer Foresight Center
The research partnership between the University of St.Gallen and the BMW Group runs with the academic support of the Customer Foresight Center.
When the University of St.Gallen and the BMW Group established the Customer Foresight Centre (CFC) in November 2011, they were seeking the answers to a whole series of questions – such as what drives customers and what factors influence the purchase decision. Headed up by professors Torsten Tomczak and Wolfgang Jenewein, the CFC forms the foundation of long-term strategic partnership between our two organisations.
One aspect of our partnership consists of academic staff at both St.Gallen and various BMW Group locations carrying out research into topic areas with practical implications. By working closely with the Institute for Customer Insight, the Institute of Marketing and the University of St.Gallen’s Centre for Innovation, the CFC has access to a pool of approximately 80 academic staff.
Collaborations are being realised in the shape of research projects (including scientific studies and dissertation projects) but also through involvements in application projects, joint workshops, seminars and lectures both at St.Gallen and in Munich. At present a total of eleven doctoral candidates are carrying out research projects in the fields of innovation, design and aesthetics, pricing and offers, channel management, sales, aftersales, electric mobility and carsharing.
Institute for Customer Insight (ICI-HSG)
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Big 12 PREDICTION
HEAD COACH: Mike Sherman, 19–19 (3 years) | OFF. COORDINATOR: Mike Sherman | DEF. COORDINATOR: Tim DeRuyter
The Aggies should score a ton of points this season.
When first-team All-Big 12 receiver Jeff Fuller decided to return for his senior season, it gave A&M nine returning starters on an offense that averaged 441.9 yards per game. The Aggies were very good offensively last year. They expect to be much improved.
After his stellar performance down the stretch, strong-armed Ryan Tannehill enters 2011 as a legitimate candidate to become the first A&M quarterback to earn first-team all-conference honors since 1991. While the media focused on Tannehill’s role in A&M’s six-game winning streak to conclude the regular season, equally important was Cyrus Gray’s emergence in the second half of the season. The powerful and explosive Gray rushed for at least 100 yards in each of the final seven games.
With Fuller back, A&M features an exceptional group of receivers. Fuller, a physically imposing, game-altering force, became the first Aggie to surpass 1,000 receiving yards in a season in 2010. Ryan Swope is also a sure-handed, big-play receiver who matched Fuller last season with 72 receptions.
One of the main reasons for A&M’s second-half surge was the development of highly talented true freshman offensive tackles Jake Matthews and Luke Joeckel, who flashed All-America potential as the season progressed. Talented guard Patrick Lewis has moved to center, where he’ll be flanked by Brian Thomas and Shep Klinke on a potentially dominant front.
Replacing pass-rushing phenom Von Miller may be next to impossible, but the Aggies do return Damontre Moore, who did a nice impersonation of Miller at the Joker position, as well as Caleb Russell, who may have moved ahead of Moore in the spring. The defensive front should be solid, as senior ends Tony Jerod-Eddie and Jonathan Mathis and senior tackle Eddie Brown return to anchor a line that helped A&M tie for fourth in the Big 12 with 30 sacks.
Garrick Williams (112 tackles) should have a big senior season. Sean Porter is also a proven, versatile performer. But the Aggies really need a few unproven linebackers to emerge — Jonathan Stewart, Charlie Thomas, Kyle Mangan and Donnie Baggs are the candidates — in order for the defense to continue to evolve.
Everyone on last year’s secondary two-deep returns, including senior cornerback Coryell Judie, who may prove to be the best man-to-man coverage corner at A&M since Sammy Davis departed A&M in ’02. Fellow senior cornerback Terrence Frederick also possesses lock-down skills, while senior free safety Trent Hunter is the vocal leader of the group.
Jeff Fuller, WR First A&M receiver in school history to surpass 1,000 yards in a single season will leave Aggieland with virtually every receiving record.
Ryan Tannehill, QB Emerged last year as a tremendous leader, beginning his career as a starting quarterback with a 5–0 record.
Coryell Judie, CB/KR Explosive playmaker who can take an opposing receiver out of the game or break open a game by taking a kickoff back for a touchdown.
Sept. 3rd SMU
Sept. 17th Idaho
Sept. 24th Oklahoma State
Oct. 1st Arkansas (Arlington, TX)
Oct. 8th at Texas Tech
Oct. 15th Baylor
Oct. 22nd at Iowa State
Oct. 29th Missouri
Nov. 5th at Oklahoma
Nov. 12th at Kansas State
Nov. 19th Kansas
Nov. 24th Texas
While the punting position is somewhat uncertain, the special teams appear to be in excellent shape elsewhere. Kicker Randy Bullock hit 76.2 of his field goal attempts last year, and he has connected on a school-record 120 consecutive extra points. Judie could be an even better return specialist than cornerback. He returned kickoffs for touchdowns last year against Baylor and Oklahoma. Kenric McNeal ranked among the top two punt returners in the Big 12 last season.
After ranking 114th nationally in total defense in 2008 and 105th in ’09, A&M took a major step toward respectability in 2010, ranking 55th. If the Aggies can continue to improve defensively and maintain their high-powered offense, this is a team that could win the school’s first outright league title since 1998.
Texas A&M is the best team in the state of Texas.
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ARCS Foundation Atlanta
Facts at a Glance (2020-2021)
2020-2021 ARCS Atlanta Chapter Profile
Chapter membership includes 106 Active members, 28 Associate members and 2 Honorary members.
Four approved colleges and universities – Emory University, Georgia Institute of Technology, Morehouse College and the University of Georgia
Endowment balance (at November 30, 2020) – $574,044
2020-2021 ARCS Atlanta Chapter Scholar Awards
$344,500 in Scholar Awards distributed to 44 scholars at Emory University, Georgia Institute of Technology, Morehouse College and the University of Georgia
Currently supporting 36 Ph.D. scholars and 8 undergraduate scholars
1992 - June 30, 2021 Cumulative ARCS Atlanta Chapter Scholar Awards
Over $6 million granted for nearly 1000 individual Scholar Awards (1992 - June 30, 2021)
ARCS Foundation, Inc.
Incorporated in 1958, there over 1,300 ARCS Foundation members in 15 chapters across the United States.
Since 1958, ARCS Foundation has provided more than 10,000 Scholar Awards totalling over $100 million
ARCS Foundation, Inc. Recipient Colleges and Universities
Atlanta Emory University; Georgia Institute of Technology; Morehouse College; University of Georgia
Colorado Colorado School of Mines; Colorado State University; University of Colorado, Boulder; University of Colorado, Colorado Springs; University of Colorado, Denver; University of Colorado, Anschutz Medical Campus
Honolulu University of Hawaii, Manoa
Illinois Illinois Institute of Technology; Loyola University; Northwestern University; University of Chicago; University of Illinois at Urbana-Champaign
Los Angeles California Institute of Technology; Harvey Mudd College; Pomona College; University of California at Los Angeles; University of Southern California
Metro Washington George Washington University; Georgetown University; Johns Hopkins University; University of Maryland; University of Virginia
Minnesota University of Minnesota
Northern California San Francisco State University; Stanford University; University of California at Berkeley; University of California at Davis; University of California at San Francisco; University of California at Santa Cruz
Orange County University of California at Irvine
Oregon Oregon Health & Science University; Oregon State University; University of Oregon
Phoenix Arizona State University; Northern Arizona University; University of Arizona
Pittsburgh Carnegie Mellon University; University of Pittsburgh; Penn State University
San Diego San Diego State University; The Scripps Research Institute; University of California at San Diego; University of San Diego
Seattle University of Washington; Washington State University
ARCS Foundation Atlanta Chapter: https://atlanta.arcsfoundation.org/
ARCS Foundation, Inc: https://www.arcsfoundation.org/
Thanks from Scholar Kevin Yehl
"I was very fortunate to be selected as one of this year's ARCS scholars... I plan to pursue an academic career in chemistry... Your support will allow me to continue my biomedical research in developing novel strateigies to treat drug resistant cancers and cardiovascular diseases... Again, thank you so much for your support of the sciences and post graduate education, both of which are very important in keeping America competitive..."
Thanks from Alum Tim Sampson, Postdoctoral Scholar at Caltech
I am immensely grateful to the ARCS Foundation and Turner Enterprises for making my award possible. I am honored to have been part of the talented and promising group of young researchers from the Atlanta-area!
Thanks from Scholar Laura Redmond
"I want to thank you again for supporting my career development, and I look forward to encouraging the development of future scientists as an ARCS Scholar Alum."
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Category: revolt
A vote for white supremacy? if only it were so
Chelsea Handler proclaims:
Chelsea Handler: ‘A Vote for Trump Is a Vote for White Supremacy’
Please Lord make it so! We all know more fundamental social and spiritual renewal is needed than the mere suppression of the current madness, but white supremacy might be a good place to start. It is not going to happen, for good reasons. We are not going to turn ourselves into a South Africa to get to a better poltical accommodation with a multi racial state. But if our choices are between white tribalism and black supremacy, I know where my interests lie. Do you? Or do you still think BLM means you any good? Are you still thinking some good can come from this Soros-funded leftist insurrection?
The Z-man writes more to the point:
“Kenosha Wisconsin has now become the pivot point for the revolution from above being waged on middle America. Riots have convulsed the city for three nights since a violent black rapist was shot by police after resisting arrest. Large swaths of the city have been burned as the mayor cheered on the rioters. This led to the shooting of three rioters by a 17-year old kid, who volunteered to help defend the property owners. The video of the incident has become a world-wide sensation.
Of course, this being Jim Snow America, the white kid is now charged with capital murder and faces life in prison. White people who kill in self-defense get charged with capital murder, while blacks who kill for sport are allowed to go free. You see, the former is exercising white privilege and is guilty of being white. The latter, on the other hand, is the victim of white privilege and is justifiably angry. In post-reality America, privilege means being stripped of your rights and dignity.
If Kyle Rittenhouse was a black or an immigrant from the third world or even a transexual, he would not be in jail right now. He would be held up as a hero by the mainstream media. President Trump would send Air Force One to bring him to Washington for a special ceremony. Speakers at the RNC convention would be told to mention his name in their speeches. He is white, so no one at the convention will mention his name. They have not mentioned Cannon Hinnant either.
Unlike other cases where the media can suppress the truth while spreading lies, this time the truth was all over the internet before the media could act. As soon as it happened, social media had video of the attack on Rittenhouse. He fell to the ground as violent criminals attacked him and he opened fire on them. There can be no narrative in which he is the villain. He may have been naive, but he was simply following the civic nationalist code and doing what he thought was his duty…..
Ultimately, that is now the significance of the Kenosha riots. White people are faced with the reality of their sons being sent to prison for the crime of being white. They face having their businesses destroyed because non-whites are ungrateful. They are being harassed at restaurants and in their home by mobs sponsored by the ruling class who have embraced anti-whiteness as a revolutionary cause. It’s no longer an abstract political argument. It’s daily reality.”
August 30, 2020 August 30, 2020 DalwhinnieAdd a Comment
Making decisions – about riots
I was watching a video of US Marines about to attack a town in Afghanistan. The Captain addressed his battalion. At about 2:20 into the video he said (I paraphrase) : “The plan we have gone over and over – as soon as you land, it will fly out the window. You will be called upon to make a hundred decisions that there is no right answer to. But guess what? you will have to decide; you will have to act.”
I enjoyed the approach, and it ought to be better understood. You will have to act, you will have to decide. I wish it were more broadly understood in society. You have to decide and you have to act. Make a wrong decision? Go ahead and make another. This one may be better. This approach is utterly contrary to the bureaucratic mindset which fears decision-making.
A former boss of mine was a judge. He said: “Make ten decisions. Eight will be right. One will be wrong. One you win or lose on appeal”. But the message was” keep making decisions.
This brings me around to Greg Lukianoff and Jonathan Haidt’s book on the newest generation, and it is not pleasant reading. The Coddling of the American Mind
chronicles the increase of neurotic levels of fear among American college students: how good intentions and bad ideas are generating a generation of weak people. As he says: prepare your children for the road not the road for the children.
The message Haidt is giving in his YouTube lecture is that we are heading for tribal war. That was in 2019. Look around you. What do you see? Dogmatism, groupthink, a crusader mentality and anti-intellectualism [at 42:40]. The riots and revolt we have been witnessing these last few days have been long prepared by the erosion of cultural and educational standards. The failure of the forces of order to act, because they have been told to lay off by mayors and governors, is yet another signof the scale of the rot inside our institutions.
Someone, possibly Jonathan Kay, said that this could be Trump’s Reichstag Fire moment. I avoid the connotation that Kay would like to put on these riots. These are an excuse for looting and for anti-fa to break windows. Everyone is seeing far too much disorder to be enthusiastic for kneeling before the black race and beseeching forgiveness, as the Left would have us do. Time for some violence from the state against Antifa and the looters. And yes, Derek Chauvin disgusts me. But so does mass break down of order.
June 1, 2020 June 1, 2020 DalwhinnieAdd a Comment
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The takedown of the satanic cabal is proceeding smoothly
Despite widespread pessimism on the part of many truth seekers about the situation in the G5 terrorist states, behind the scenes the satanic cabalists in control of the Western central banks are in a state of extreme fear. One reason is that US Defense Secretary Leon Panetta told a White Dragon Society representative last week that the Pentagon and the US agencies were in no mood to let off the cabalists with a truth and reconciliation committee. “We have been watching these guys for a long time” he said and the conclusion reached was that Federal Reserve Board needs to be dismantled and the cabalists jailed. The 65% drop in the Baltic Dry Index (the price of shipping) this year is one visible sign of the dismantling. This is related to a growing global boycott of the G5 terrorist states as seen in the growing number of countries refusing to use US dollars or Euros for trade. Another sign was the stoppage on February 3rd of the Federal Reserve Board owned Clearing House Interbank Payments System. Under the surface much more radical events are being planned.
Out of the box negotiations are proceeding at the highest level
The reason that many of the top Federal Reserve Board crime syndicate crooks have not been arrested yet is that the old system needs to be kept going with string and wire and duct-tape until final preparations for a radically new system are completed. For example, an Asian proposal now being negotiated calls for 10 million yen or about US$125,000 to be budgeted for each and every individual human being on earth. The Pentagon is also making similar radical proposals for a complete change of how humans interact with each other and with nature. The big conclusion being reached at the highest level is that the old financial system in the West was an illusion used by a secret cabal to keep us enslaved. We are now about to become truly free in ways that will exceed most people’s most optimistic expectations. However, there will be some hard work at first before this becomes true.
Secret government regime change in Asia nears completion, Satanic cabal in West crumbling
The Year of the Dragon officially starts today in the lunar calendar and the battle over control of the global financial system and therefore the future of the planet Earth is proceeding well for the White Dragon Society and its allies. In Asia, the regime change in North Korea has now resulted in concrete dialogue over reunification of the Korean peninsula and possibly even a union between a united Korea and Japan. The capital being considered for this planned entity is around Nara and Tenri City, South of Osaka. In the West, Interpol is steadily squeezing criminals like George Soros and Senator J. Rockefeller and something big may happen before the key January 31st accounts settling date.
The Old World Order wants to surrender but to the people, not to the New World Order
The negotiations on a new financial system for the planet are proceeding well but due to the complexity of the situation, it will take time before any public announcements are possible, according to sources close to the negotiations. The current owners of the Federal Reserve Board System and the Washington D.C. corporate government are hoping to offer enough reforms that they can stay in power. Their money has been frozen, though, by a group that would rather see them all put in jail. The final solution to the problem will need to involve an audit of the real world and the removal of all fraudulent funds from the system. It will also involve a massive redistribution of wealth, meaning that the American people and other worldwide victims of the cabal will get their stolen funds returned to them.
The Feds have sued for peace and detailed settlement negotiations have begun
approached the White Dragon Society to negotiate a way to unfreeze their funds. They have promised to use any released funds for humanitarian projects and to develop hitherto forbidden technology.
The 130-nation group that announced a new financial system through the Conscious Media Network on January 1st also contacted the White Dragon Society and said they will prove with action, and not words, that they represent extremely powerful interests. This writer initially, and apparently incorrectly, denounced the announcement as a psy-ops because this group was not identical to the 117 nation Monaco group previously reported about in this newsletter.
All of these major factions will now have to reach an agreement. There will some serious horse-trading over the coming weeks before any sort of agreement is reached or public announcement is made but it appears a solution to the financial crisis is now on the horizon.
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← Time has not been kind to Han and Leia
Transmetropolitan and sticking the landing →
by Ben Trube | November 3, 2015 · 6:35 AM
The Best and the Worst of Both Worlds
I was raised on Star Trek.
Saturdays in the 90’s were spent with pizza and Star Trek, first Next Generation, then DS9 and finally Voyager. My mom taped reruns of the original series when they aired on Fox after the noon news so I could watch them after school (and homework). One of the best decisions I ever made as a college student involved dropping a database class after the first day, selling back the textbook, and using the money to buy all three seasons of the original series (before CBS decided it needed a CG update).
So naturally you’d assume I’d be pretty excited when CBS announced it will produce a new Star Trek series, airing in January of 2017.
And yeah, I think it’s pretty cool that there will be new Star Trek in the world. The new movies have been fun, and as a comic book enthusiast, I’ve been pretty stoked at the revival in Star Trek comics that’s been happening for the last 9 years.
That said, I suspect I’m not alone in really kinda hating how CBS is doing this.
The first episode will air on the traditional CBS network. After that, the rest of the episodes will be distributed exclusively on the CBS All Access platform, a Hulu-like service carrying CBS content exclusively for $6 a month.
According to executive VP Marc DeBevoise: “This new series will premiere to the national CBS audience, then boldly go where no first-run Star Trek series has gone before…”
Behind a pay-wall.
At least in the United States. World-wide it sounds like the series will air via traditional over-the-air networks as well as the all-access app.
All 28 seasons of previously aired Star Trek (not counting 2 years of animated series because who would) were available for free over the air. I know we live in a “different era of television” but this feels a lot like asking us to pay for something we’ve always been able to count on for free.
I can’t decide if CBS’ logic is that the exclusive content will attract more users to the service, or that the series is niche enough that it might be better to go the way of other streaming series like Arrested Development, Community and The Mindy Project. All of those shows had original broadcasts runs and were later revived by Netflix, Yahoo TV and Hulu respectively.
But there’s something about the CBS service that has always felt less than other services like Hulu and Netflix, even Amazon Prime. It sets a precedent for a la carte channel services. I like that my $8 a month to Hulu buys me current and past ABC, FOX, NBC, CW shows (and countless other networks). Just today I was marveling at how much obscure Anime, British television and Korean drama came with my $8 a month. I’m sure CBS has some of the same, but after a while it feels like we keep spending money to buy the same things over and over again with only slight differences.
I only watch two CBS shows currently: The Big Bang Theory, which I binge watch on DVD, and NCIS, which just got 12 seasons streaming on Netflix. The only other CBS shows I’ve been watching have been available on other services, Elementary on Hulu, Numb3rs on Netflix, etc. I’d watch more CBS shows when they come on services I already own, including CBS owned back episodes of Star Trek. I would even go back to appointment television if CBS aired the new series traditionally. I’ll probably buy it if/when they release it on DVD. But until then I’ll have to wait.
Unless we can change CBS’s mind…
If you think the new Star Trek should be available over the free airwaves for all, as it has been for 50 years, send a message using the hashtag #StarTrek4All to @CBS or @StarTrek. Tactics like forcing Star Trek fans to pay for a new series, run the risk of dooming that series before it starts.
Tagged as CBS, Science Fiction, Star Trek, Streaming, Television
One response to “The Best and the Worst of Both Worlds”
A new Trek series, huh? I don’t know … even if it were free, I feel like they need to just … let it rest for a while.
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Zoology, Animal News
UCLA engineers develop faster method to detect bacterial contamination in coastal waters
Parent Category: Biology
Category: Zoology
Method cuts testing time from a day or more to less than an hour.
by Matthew Chin
Currently, beachgoers are informed about water-quality conditions based on results from the previous day's sample. Scientists must collect samples in the field, then return to a lab to culture them for analysis — a process that takes a minimum of 24 hours.
Now, engineers from the UCLA Henry Samueli School of Engineering and Applied Science have sped up the process of analyzing bacterial concentrations to under one hour, through the development of a new in-field, rapid-detection method. Since bacteria levels can change quickly in the water column, a one-day turnaround time simply isn't fast enough to adequately protect swimmers or prevent unnecessary beach closures, the engineers say.
This issue is especially pertinent in California, where gastrointestinal illness that can result from contact with contaminated beach waters has been estimated to cost Orange and Los Angeles county beach visitors between $21 million and $51 million per year in sick days and related issues.
Furthermore, California coastlines are subject to chronic water pollution problems due to sewage spills and urban runoff. Rainstorms in Southern California can further exacerbate this problem, as pollutants that have accumulated over time on street surfaces are suddenly flushed into our waterways and into the ocean.
Jenny Jay, UCLA associate professor of civil and environmental engineering, and Ph.D. student Christine Lee have advanced and tested a rapid method in marine and freshwater samples from beaches in Malibu and Santa Monica. To their knowledge, it is among the first viable in-field methods for rapid, portable fecal bacteria analysis. This research will be published in an upcoming issue of the Journal of Applied Microbiology and is currently available online.
Even for areas like the Southern California coast, which are close to state-of-the-art laboratories, transportation time, coupled with lab work, may mean that results often are not ready until the next day. With such a delay between sampling and results, the results may no longer be relevant due to the dynamic nature of water quality in beach environments.
The new rapid method represents a field-portable alternative to more expensive procedures, particularly where larger-scale, expensive equipment is not readily accessible. To decrease the time to determine results, the researchers have outfitted a portable kit to test samples for bacterial concentrations.
"We envision a tool that can be used by lifeguards to collect and analyze water samples throughout the day, providing beachgoers with up-to-date, near-real-time data on water conditions," Lee said. "This could also be useful in determining persistence of a bacterial contaminant after a pollution event, such as a sewage spill or a septic tank leaking."
"We are currently applying this method, in a new approach, to identifying contamination sources in which we can adaptively sample the environment in order to hone in on hotspots," Jay said.
The process uses magnetic beads conjugated to specific antibodies that identify and bind fecal bacteria that are used as standards for determining the safety of recreational waters, such as E. coli and Enterococcus.
After a few filtration and isolation steps, the sample organisms are lysed and treated with an enzyme that catalyzes a light-emitting reaction with target ATP, the energy currency of a cell. Cells break down ATP to obtain energy important for cellular processes.
Scientists can then determine bacterial concentrations based on how much light is released by using a luminometer, a device that detects light emissions.
The process is called covalently linked immunomagnetic separation/adenosine triphosphate quantification technique (Cov-IMS/ATP).
The paper's other co-authors are UCLA electrical engineering professor William Kaiser and John Griffith, Ph.D., a senior microbiologist with the Southern California Coastal Water Research Project.
For the Southern California coast, using this detection method could significantly inform source-tracking practices.
"UCLA's rapid-method work is very exciting," said Mark Gold, D.Env., president of the environmental group Heal the Bay. "It could result in faster notification of the public on the health risks of swimming at contaminated beaches and better protection of public health."
Jay's research group has also applied Cov-IMS/ATP in drinking and source waters in Dar es Salaam, Tanzania, as part of the Environmental Protection Agency's People, Planet, Prosperity (P3) initiative, which promotes innovative designs for sustainabe resource use. The Tanzania project, which focuses on waterborne illness, contamination and hygiene behavior, is being conducted in partnership with Stanford University civil and environmental engineering professors Alexandria Boehm and Jenna Davis. Recent and future work for Jay's group also involves application of this method in beach water samples in Tijuana, Mexico.
Source: UCLA
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These States Ended Lockdown Two Months Ago. Here's How They're Doing.
Five states lifted stay-at-home orders on April 30. Here's how their coronavirus numbers are now.
By Richard Evans
As the coronavirus pandemic rages across the country, with some experts warning that the situation is only going to get worse, many states are being forced to reexamine their reopening plans. But while a handful of states are just beginning to lift orders, some states have been reopened for weeks now. In fact, there are five states that lifted stay-at-home orders on April 30. To see what effect this might have had on their current coronavirus numbers, we're checking in on the states that ended lockdown two months ago. Here's how they're doing now. And if you're wondering why cases are rising across the country, This Is Exactly Why Coronavirus Cases Are Surging, Harvard Doctor Says.
According to the experts at Covid Act Now, Alabama is at a critical COVID risk level, with an infection rate (the average number of people a sick person will infect) of 1.08 and a positive test rate of 12.6 percent. The site also notes that the state only has enough contact tracers to trace 4 percent of new cases in 48 hours. According to The New York Times, Alabama has almost 37,200 coronavirus cases as of June 30, with nearly 930 deaths. And for more states Covid Act Now is concerned about, These 3 States Are Now in a "Critical" COVID-19 Situation, Researchers Say.
Last week, Ashish Jha, MD, director of the Harvard Global Health Institute, said on Twitter that Georgia was one of five states in need of "urgent action" based on the rising positive test rate and number of hospitalizations. Georgia's current positive test rate is 11.7 percent, which means anyone traveling from the state to New York, New Jersey, or Connecticut will be subject to the new self-quarantine mandate. There are currently over 74,800 coronavirus cases in the state, and nearly 2,740 deaths. And for more states where rates are increasing among the younger population, Young People Are Responsible for Coronavirus Spikes in These 5 States.
New coronavirus cases more than doubled in Idaho last week: The state saw a 116.3 percent rise in new cases, per Reuters. That follows Idaho breaking its record for most single-day cases on June 29, with 475. As of June 30, Idaho has nearly 5,800 cases overall, according to The New York Times, with just over 90 deaths. Based on the data, however, numbers are rising rapidly. And for more states that saw their new cases double over the past week, check out these 5 States Where New Coronavirus Cases Doubled Last Week.
Tennessee is at a high-risk level for COVID-19 spread, per Covid Act Now, thanks in large part to the state's infection rate of 1.11, which means cases are spreading quickly. The most recent data shows almost 41,400 coronavirus cases in Tennessee, with around 585 deaths. According to Reuters, COVID-19 deaths in the state rose by nearly 14 percent last week. And for states that have managed to contain coronavirus, These Are the Only Two States Seeing New COVID-19 Cases Decline.
Last week, a Texas state official said the state opened too soon, and the numbers reflect that assessment. Currently, Texas is taking some steps to control its COVID-19 outbreak, including shutting down bars, but experts have said that even a mask mandate would not be enough to stop the spread at this point. In the meantime, numbers continue to rise, and Texas' positive test rate is now 14.1 percent. As of June 30, there are almost 159,000 coronavirus cases in Texas, and there have been about 2,430 deaths. And for more up-to-date information, sign up for our daily newsletter.
These Two States Have Seen a Decline in COVID
Find out which two states are currently winning the fight against coronavirus, and how they're doing it.
This Policy Lowered COVID Cases by 25 Percent
Meanwhile, the states not doing it have seen their new COVID cases skyrocket.
Not Doing This Sends COVID Cases Soaring
State mandates are working wonders to help stop the spread of coronavirus.
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irna.ir
The Islamic Republic News Agency, or IRNA, is the official news agency of the Islamic Republic of Iran. It is government-funded and controlled under the Iranian Ministry of Culture and Islamic Guidance. The agency also publishes the newspaper Iran. As of 2020, the Managing Director of IRNA is Mohammad Reza Noroozpour. IRNA has 60 offices in Iran and 30 more in various countries around the world. More information...
In June 2020 the website irna.ir was on the 2,895th place in the ranking of the most reliable and popular sources in multilingual Wikipedia from readers' point of view (PR-score). If we consider only frequency of appearance of this source in references of Wikipedia articles (F-score), this website was on the 1,891st place in June 2020. From Wikipedians' point of view, "irna.ir" is the 1,856th most reliable source in different language versions of Wikipedia (AR-score).
The website is placed before thestandard.com.hk and after ncl.ac.uk in multilingual PR ranking of the most reliable sources in Wikipedia.
Persian Wikipedia (fa)
Arabic Wikipedia (ar)
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1 What does 'enforcement' mean in civil and commercial matters?
2 Which authority or authorities are competent for enforcement?
3 What are the conditions under which an enforceable title or decision may be issued?
4 Object and nature of enforcement measures
5 Is there a possibility of appeal against the decision granting such a measure?
6 Are there any limitations on enforcement, in particular related to debtor protection or time limits?
Enforcement refers to compulsory enforcement of an obligation as ordered by a court or other authority. In most instances, this is the enforcement of judgment debts. A further key enforcement measure is eviction, i.e. the obligation to move out of a building or part of it. The basis for an enforcement can also be an obligation to transfer certain assets to another party, obligations to do something, and injunctions against doing something. These kinds of obligations and injunctions are enforced by means of coercive measures or penalty payments, depending on the circumstances. Court-ordered seizures or other precautionary measures can also be enforced. In Finland, enforced recovery of debts falls within the scope of the enforcement authority, which is a state authority. Enforcement is an independent legal activity and local enforcement authorities are independent and impartial in their decision making.
Enforcement in matters pertaining to legislation regarding children
In matters pertaining to legislation regarding children, enforcement refers to the implementation of court orders, such as handing over a child. An agreement confirmed by social services may also serve as the basis for enforcement. Another important detail is that in Finland, visitation rights are the rights of the child, not of the parent. Enforcement of a court decision concerning custody and/or visitation rights of a child is subject to the Act on the implementation of decisions on child custody and right of access (Laki lapsen huoltoa ja tapaamisoikeutta koskevan päätöksen täytäntöönpanosta) (619/1996). This Act is also applicable to enforcement of any temporary orders. Enforcement is also carried out in accordance with this Act in instances where a judgment or decision issued abroad is enforceable in Finland under Council Regulation (EC) No 2201/2003.
A bailiff may enforce an order concerning custody if the decision on the matter was issued within the last three months. In other situations, an enforcement order must be applied for from a court. A court may only reject an application concerning enforcement if the enforcement would go against the child’s best interests. In the enforcement of orders concerning custody, the court obliges the other party to hand over the child to the claimant or face a penalty fine. An order may be issued for the child to be collected. In the enforcement of orders concerning visitation, the other party is obliged to permit visits and to commence other measures ordered in order to realise the visits.
In Finland, local enforcement authorities are responsible for enforcement. The competent local enforcement authority is determined based on the place of residence of the debtor. If no detailed information on their place of residence in Finland is available, the enforcement application may be submitted to any local enforcement authority, for example, Helsinki Enforcement Authority (Helsingin ulosottovirasto). Although applications are made to local enforcement authorities, their jurisdiction covers the entire country.
The contact details of local enforcement authorities can be found here: https://oikeus.fi/ulosotto/fi/index/yhteystiedot.html
3.1 The procedure
Enforcement requires the creditor to apply for enforcement in writing by filling in an enforcement application and providing the grounds for enforcement. There is no enforcement fee to be paid by the creditor in advance. (The enforcement application is available on the website of the Judicial Administration, oikeus.fi
https://oikeus.fi/fi/index/lomakkeet/ulosottoasiat.html
Bailiffs have a duty to enforce courts' judgments or other grounds for enforcement laid down in legislation and cannot question their content. In order for enforcement proceedings to commence, the creditor must have grounds for enforcement as specified in legislation, with an obligation imposed on the debtor. Bailiffs must check that the debt has not ceased to exist since the court's judgment was given, due to payment or the expiry of a statute of limitations. The right to be paid of holders of collateral rights (e.g. a mortgage) is covered by a separate provision.
3.2 The main conditions
In civil and commercial matters, enforcement is usually based on a judgment or ruling of a general court of law. There is no need for a specific enforcement order. General courts of law include district courts (käräjäoikeus) as courts of first instance and Courts of Appeal (hovioikeus) and the Supreme Court (korkein oikeus) as appellate courts. An arbitral award can also provide grounds for enforcement. In practice, one of the most important grounds for enforcement is a maintenance order confirmed by a municipal authority. On the other hand, Finland does not recognise contracts between private parties as grounds for enforcement.
Judgments that have been appealed may be enforced, if the creditor provides the security specified by the bailiff for any damage that may befall the debtor. However, the funds may not be paid to the creditor until both the grounds for enforcement and any distraint and garnishment decision are final.
The key provisions on the enforceability of judgments issued outside of Finland can be found in EU law (e.g. the Brussels I Regulation (No 44/2001) and the Brussels IIa Regulation (2201/2003)) and the convention on the recognition and enforcement of judgments in the Nordic countries.
4.1 What types of assets can be subject to enforcement?
When enforcement proceedings commence, the debtor is sent a notice of filing and a demand for payment. If the debtor does not pay in accordance with the demand for payment and does not make contact regarding the payment of the enforcement fee of their own accord, the enforcement will begin with investigating and establishing the debtor’s income and assets on the basis of register data.
Making bank enquiries is an essential part of this investigatory work. Most often, employment income and funds in bank accounts are garnished. Instead of withholding a sum from wages paid at regular intervals, a payment plan may also be confirmed. Measures for establishing the debtor’s income and assets, as well as any further investigations, are regulated by law. Bailiffs have wide-ranging rights set out in law, enabling them to access information about the financial situation of debtors through a number of registers. Bailiffs are also obliged to seek out assets belonging to the debtor. Enforcement measures must be carried out without undue delay. For example, if the debtor receives regular income, the first payment is normally released to the creditor within two months of the commencement of proceedings. The debtor has the right to appeal, but collection of payment will not be interrupted unless ordered otherwise by a court.
Applications can be for full enforcement or limited enforcement. Creditors can also ask enforcement authorities to monitor a debt for a period of two years, through so-called passive registration, if it is not possible to collect the debt immediately. There is no need to hire a lawyer or a legal adviser for the purpose of enforcement.
All kinds of movable and immovable assets belonging to the debtor and that are not protected or within the scope of the right to exclusion, may be distrained, as may rights, receivables or objects with monetary value. If the creditor has applied for limited enforcement, only assets ascertainable from registers that do not require liquidation can be distrained. If distrained assets need to be liquidated, they are usually sold at enforcement sales, which are usually announced in local newspapers and online.
Links to sale announcements:
The Finnish Enforcement Act (Ulosottolaki) also features a special provision, whereby the supervisor of an enforcement department may make a decision to disregard artificial arrangement of assets. A claim that assets belong to a third party shall not prevent the distraint of assets if:
1) it is found that the status of the third party is based on asset or other arrangements with a legal status that does not correspond to their true nature or purpose, taking into account the debtor’s authority being equivalent to that of the owner’s authority, acts equivalent to those of an owner, and benefits and other equivalent benefits enjoyed by the debtor as a result of the arrangement, and
2) the legal status is clearly being used to prevent enforcement or to ensure assets are kept inaccessible to creditors, and
3) the debt owed to the creditor is otherwise unlikely to be recovered from the debtor within a reasonable timeframe.
However, distraint may not be carried out if the third party involved in the arrangement shows clear evidence that their genuine rights could be violated by the distraint. The bailiff must consult the debtor and third party, as well as the creditor if necessary, in an appropriate way, unless doing so will render enforcement considerably more difficult.
4.2 What are the effects of enforcement measures?
Commencement of the enforcement proceedings has some effects, but garnishment and distraint bring with them significant legal effects. Once assets have been distrained, the debtor may not destroy, dispose of or pawn the distrained assets or make other decisions concerning the same to the detriment of the creditor. Any action taken in violation of this injunction has no legal power over the creditor. However, the transferee or a third party may enjoy bona fide protection. Bailiffs enjoy extensive access to information not only from the debtor but also from third parties, such as banks. Once a bank has been informed of a debtor's funds having been frozen, the bank must not release funds from the debtor's bank account to anyone except the bailiff. Paying a receivable or wages or salaries in violation of this injunction is a criminal offence.
As a result of the sale of assets carried out during the enforcement procedure, ownership rights to objects will change. Funds accrued as the purchase price will be transferred to the creditor as soon as possible.
Assets are distrained up to the amount that is necessary to pay the debt to the creditor. In cases where enforcement has been requested by several creditors or the distrained assets are subject to mortgages, for example, the funds are divided among the creditors in order of priority as set out in legislation. The fees collected by the State for enforcement are usually charged to the debtor. If the enforcement attempt fails, the creditor will have to pay a small handling fee. Similarly, a fee will be charged to the creditor for funds to be transferred. In maintenance allowance matters, a fee will not be charged and the maintenance allowance shall take priority. Payments transferred to the creditor may vary each month on the basis of fluctuations in the debtor’s income and amount of debt.
Further information on enforcement fees can be found at: https://oikeus.fi/ulosotto/fi/index/ulosotto/ulosottomaksut.html
4.3 What is the validity of such measures?
In accordance with legislation, bailiffs have an obligation to carry out their duties expeditiously and without unnecessary delay. If the debtor does not have any assets or income that can be distrained or garnished, the case will be returned to the creditor as barred due to one of the following: lacking in means, lacking in means and unknown, or informed of another, separately specified, obstacle to recovery. In such situations, details of income and assets must always be established using the principal registers. The enforcement proceedings will end, but the creditor may request that the enforcement is restarted at a later date, and in such situations the debtor’s financial situation is investigated once more. For example, the creditor may request enforcement of a decision by submitting a new application in a timely manner, in order to ensure garnishment from a source such as the debtor’s end of year tax rebate. The creditor may also request that the debt be entered into the so-called passive register. If, during the investigation of another case, it is revealed that the debtor has garnishable income or distrainable assets, or that they may be receiving a tax rebate, a debt entered into the passive register will be taken into consideration in the enforcement proceedings. The passive registration will remain in effect for two years from the date of the certificate of lack of means.
Bailiffs' enforcement measures and decisions can be appealed by anyone whose interests are affected by said measure or decision. Appeals are handled by the district court (käräjäoikeus). Appeals must be filed within three weeks of the date on which the decision is issued or the date on which the interested party receives notice of the decision.
Filing an appeal does not usually suspend the enforcement process, unless the court rules otherwise. If the appeal is granted, the court will overrule or amend the bailiff's decision. In some cases bailiffs can also correct any obvious errors themselves.
If resolving an argument or claim presented in connection with enforcement requires the extensive taking of oral evidence, the matter may need to be decided in a civil proceeding in a court of law (enforcement dispute).
The legislation provides provisions on enforcement prohibitions, for example on social grounds. A number of social benefits cannot be garnished. If the debtor to the proceedings is a natural person, objects, benefits and rights separately provided for in law must be set apart from the distraint. Additionally, assets may not be distrained if, taking into account the value of the assets and other conditions, the creditor or creditors would only gain an amount considered minor following the payment of enforcement costs, enforcement fees, and debts owing on the assets.
The debtor’s statutory protected portion of their income must always be taken into consideration in the garnishing and payment plans: this amount must be excluded to allow the debtor their living costs. Generally, no more than one third of a debtor's net wage or salary can be garnished. The confirmed protected portions of income, along with example cases, can be found at:
https://oikeus.fi/ulosotto/fi/index/velallisenaulosotossa/palkanulosmittaus.html
Grounds for enforcement, where a natural person has been issued with a payment obligation, remain enforceable for 15 years (time limit for grounds for enforcement). This time limit is 20 years if the creditor specified in the grounds for enforcement is a natural person or if the claim is based on a crime for which the debtor was sentenced to imprisonment or community service. A court judgment or other grounds for enforcement cannot be enforced if the right conferred by the same has subsequently lapsed due to the debt having been paid or the statute of limitations having expired, or for some other reason.
For further information: https://oikeus.fi/ulosotto/fi/index.html
http://www.finlex.fi/en/laki/kaannokset/2007/en20070705?search%5btype%5d=pika&search%5bpika%25
This web page is part of Your Europe.
We welcome your feedback on the usefulness of the provided information.
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MGM Reportedly Wanted Even More Money To Take James Bond's No Time To Die To Streaming Than We Thought
Throughout this fall season, several major blockbusters have been rumored, at one point or another, to be contemplating a streaming release. Recently we saw Warner Bros’ Wonder Woman 1984 go from streaming rumor to reality, with a simultaneous HBO Max release giving the studio’s proprietary platform a month-long exclusive. However, one film you’re less likely to see head to a streaming service near you is the 25th James Bond film No Time To Die. Among the various factors at play, you can definitely thank the hefty price tag MGM wants for those hypothetical rights, which has turned out to be higher than previously reported.
In earlier reporting on the matter, No Time To Die’s price tag was set at a cool $600 million, with both Apple TV+ and Netflix in play to potentially win Daniel Craig’s swan song into their library. If you thought that was a lowball figure, particularly when keeping in mind how much a 007 movie actually needs to make to break even, get ready for the most recent estimate. According to The L.A. Times, $800 million was the number MGM had in mind, and at that rate, there were no takers.
But that’s only the beginning of the minefield that will prevent No Time To Die from heading to streaming. And if we’re honest, it’s an easier obstacle to navigate, as an issue familiar to James Bond fans has reared its head again. While MGM, the historic studio holding the domestic distribution rights to the James Bond series, might want to make a deal for No Time To Die’s streaming future sooner than later, the final decision has to be approved by Bond series producers Barbara Broccoli and Michael G. Wilson. Which, in a quote from an unnamed producer, basically boils down to this:
It’s MGM’s golden goose, but it’s the Broccolis’ platinum goose.
While MGM has the domestic stake, and Universal has the international stake in No Time To Die’s distribution picture, it’s ultimately EON Productions that owns the rights to the James Bond franchise. As the latest movie in the storied saga of 007 has been pushed to April 2021, with an estimated $1 million price tag on each month the film doesn’t release into theaters, there’s a lot of money at stake when it comes to shelving this Bond adventure. But with Spectre making $880.7 million internationally, and Skyfall before it crossing the $1 billion mark, this is a game of high stakes poker that’s going to need the right player to win it all. And the longer the wait, the higher the buy-in will be.
No Time To Die is slated for release on April 2, 2021, with MGM currently committed to a theatrical debut. But if anything should change between now and then, CinemaBlend will report those developments as they occur. Such an event could tie into another release date shift for some other project, so you should check out the 2021 release schedule and start speculating who might make way and who will hold fast.
Is $800 million the right price tag for No Time To Die to head to streaming?
Yes, that's pretty generous.
No, Bond movies have the potential to make much more traditionally.
I'm not sure, but it's not a decision to enter into lightly.
Should James Bond’s No Time To Die Skip Theaters And Sell To A Streaming Service?
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Home Labor Age Discrimination Lawsuit Filed by 62-Year-Old Would-Be Student
Age Discrimination Lawsuit Filed by 62-Year-Old Would-Be Student
A 62-year old man who applied for and was denied admission to a Georgetown doctoral program filed a lawsuit in Washington, D.C. district court claiming that his denial was solely on the basis of age, in violation of the Age Discrimination Act of 1975 and the D.C. Human Rights Act.
The man, named George Mazza, was encouraged by other professors to apply for the program which is geared for students who intend to eventually become university professors. In making their recommendation, the Georgetown professors reviewed Mazza’s background, which included numerous graduate degrees and a juris doctor degree from Georgetown. Following his admissions denial, Mazza spoke with an admissions committee member, who told him that because of his age, no major university would consider him for a professorial position and therefore the program could not admit him. Mazza also learned that a 35-year-old applicant with similar qualifications had been admitted.
“As the population ages, individuals are beginning to work later and later in life, and due to that, many need more training or even new training to continue their working careers,” said Tom Spiggle, an employment and discrimination attorney with The Spiggle Law Firm. “This increased competition for a limited number of spots in educational programs will necessarily require educational institutions, among others, to make decisions on applicants whose ages may vary wildly. The question for these institutions becomes: when is it valid, if at all, to use age in making a decision about denying or admitting an applicant?”
The answer, as you might imagine, is “it depends.” The Age Discrimination Act of 1975 is a Federal law that prohibits discrimination based on age by any program that receives federal financial assistance, but it does permit the use of certain age distinctions. The first question for any applicant who believes he or she has been discriminated against because of age would be: does the program in question receive federal financial assistance? If it does, then the applicant would need to determine whether the use of age distinctions would be applicable in his or her situation. Examples of this would be programs that are geared towards a specific age group (programs specifically for the elderly, for example).
Additionally, before an individual could file a lawsuit, the Age Discrimination Act requires that the individual file a complaint with the US Department of Education’s Office of Civil Rights (OCR), and that either the OCR fails to issue a finding within 180 of filing or the OCR issues a ruling against the complainant.
Will George Mazza be successful? It is hard to know, especially in light of the fact that courts usually find the presence of age discrimination in very limited circumstances. But what is certain is that claims under the Age Discrimination Act are only likely to increase as the US population ages and “retirement” becomes more like “second career.”
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Next articleSaturday News: DNC Chair Says “Russian and Trump campaign conspiracy ‘abundantly clear to me'”; “Memogogues”; 5th CD Dems Wrap Up Caucuses Today
New Opinion From AG Mark Herring Says State Universities, Agencies Can Require “Living Wage” as Part of Contracts with Vendors
2021 Dem LG Candidate Sean Perryman Writes WaPo Op-Ed Calling for Repeal of So-Called “Right-to-Work” Laws; Is Immediately Attacked at the Anti-Union “National Review”
Democratic Party of Virginia Staff Ratify First Union Contract
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From Single Mom With $12 In Her Bank Account To CEO With Global Fame
by Lisa Nichols February 15, 2018
I was at rock bottom. I was broke, and I was broken… And I was tired of having potential. I wanted to have my now.
How do you survive when you’re living in one of the most poverty-stricken neighborhoods in South Central Los Angeles? Every day this was Lisa Nichols reality. She was searching for ways she could help herself and change her family’s circumstances.
She was a single mother of a baby whose father was in prison. Her only support was social assistance and things were looking grim. But now she is a successful author and one of the most admired motivational speakers.
Today Lisa Nichols speaks to thousands of people around the world, and she always asks: Are you willing to reinvent who you are? To let all the fear fall away and become who you were always meant to be?
The life story of Lisa Nichols is inspiring. She radically turned her life around when she was “broke and broken.”
Twenty years ago, Lisa Nichols was single-handedly raising her baby son with less than $12 in her bank account. But when she could no longer afford to buy him Pampers, she promised him that she wouldn’t settle for a life of scarcity.
Her appearance on The Steve Harvey Show became aviral video, with over 40 million views and counting… And for good reason.
She shares the powerful story of how she went from being “broke and broken” to becoming the most-requested teacher from The Secret.
Lisa is now one of two African-American women to bring her company, Motivating the Masses, public — touching over 30 million lives with her message of transformation and inspiration.
In this inspiring video, she asks: “Are you willing to reinvent who you are? Are you willing to kill away the procrastination? Are you willing to kill away the excuses?”
Who is Lisa Nichols?
Lisa Nichols went from rags to riches and the struggles she experienced as a single mother serves as a story of hope.
Today she helps people find fulfillment in their lives by sharing the challenges she faced as a woman living on social assistance. With her courageous spirit, Nichols encourages people to balance their careers, while seeking happiness in their personal lives.
Through effective communication classes, Nichols is empowering people all over the globe. She is the CEO of Motivating the Masses, which is one of the top training and development companies in the world.
Along with being a successful entrepreneur, Nichols is a best-selling author of No Matter What!: 9 Steps To Living the Life You Love and is a world-famous transformational speaker.
Nichols appeared in The Secret and along with her appearance on The Steve Harvey Show, she has appeared on Extra, Larry King Live, and The Oprah Winfrey Show.
Did Lisa’s story inspire or motivate you to become your best self?
Share your story with the tribe in the comments below.
Join Lisa Nichols's Free Masterclass and learn how to communicate and connect with deep, powerful authenticity
✅ How to breathe life into every story you share through the power of “Story-Showing” so you become impossible for anyone to ignore you.
✅ Why your darkest and most painful moments in life may hold the key to your life’s greatest mission and how you can use it to rally people behind the causes that matters the most to you.
✅ Why exposing your most vulnerable self may be the greatest gift you could ever give to the world and to yourself.
✅ How to make your audience — whether it’s 1 person, or 1,000 — fall madly in love with you through a charming yet profound piece of advice from Lisa’s grandmother (which Lisa still uses to this day) that will transform you into a masterful communicator.
Register Now To Unlock The 4 Secrets To Powerful Communication
Speak & Inspire
by Lisa Nichols
Lisa Nichols is one of the top speaking coaches in the world today, with her ability to command a stage and inspire audiences globally placing her among the very best orators in history — alongside legends like Martin Luther King Jr., John F. Kennedy, Nelson Mandela and more. But before Lisa became the #1 most-requested teachers on the hit movie, The Secret, her life was filled with unimaginable scarcity and struggle. Today, Lisa is only one of two African American women to take her company, Motivating the Masses Inc., public. She’s authored six best-selling books and has made numerous appearances on shows like Oprah, The Today Show, the Steve Harvey Show, and Extra. Now, she’s joining Mindvalley to teach you how to use your voice to find your mission, inspire others, and rally people behind the causes that sing to your soul.
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Illustrated By: McCauley, Adam
By (author): Sachar, Louis
Series: Wayside School
JUVENILE FICTION / General
Awards: IRA/CBC Children's Choice
Publisher: Harper Collins Canada
From The Publisher*
A Crazy Mixed-up School.
There'd been a terrible mistake. Wayside School was supposed to be built with thirty classrooms one on top of the other...thirty stories tall! (The builder said he was very sorry.)
That may be why all kinds of funny things happen at Wayside SChool...especially on the thirteenth floor. You'll meet Mrs. Gorf, the meanest teacher of all, terrible Todd, who always gets sent home early, and John who can read only upside down--along with all the other kids in the crazy mix-up school that came out sideways. But you'll never guess the truth about Sammy, the new kid...or what's in store for Wayside School on Halloween!
There was a terrible mistake-Wayside School was built with one classroom on top of another, thirty stories high! (The builder said he was sorry.) Maybe that's why all kinds of funny things happened at Wayside-especially on the thirteenth floor.
Biographical Note When Louis Sachar was going to school, his teachers always pronounced his name wrong.Now that he has become a popular author of children's books, teachers all over the country are pronouncing his name wrong.It should be pronounced Sacker, like someone who tackles quarterbacks or someone who stuffs potatoes into sacks.
Mr. Sachar received a B.A. in economics from the University of California at Berkeley.His first book, Sideways Stories from Wayside School, was accepted for publication during his first year of law school.After receiving his law degree, he spent six years asking himself whether he wanted to be an author or a lawyer before deciding to write for children full-time.His books include Wayside School Gets a Little Stranger, There's a Boy in the Girls' Bathroom, Wayside School is Falling Down, Dogs Don't Tell Jokes, and the Marvin Redpost series.
Louis Sachar lives in Austin, Texas, with his wife and their daughter, Sherre.
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The Power of Microsoft Teams
Microsoft Teams is an app for businesses where groups of people can communicate through chat, private messages and videophone, all in one place. Group members have easy access to other Microsoft programs such as OneDrive, OneNote, Excel, Word and PowerPoint as well without navigating from the app. They can not only access the files on the drive, but edit them live, making collaboration on documents that much easier between group members.
Skype for Business Replacement
Microsoft Teams was developed to replace Microsoft’s Skype for Business to allow employees to communicate more easily and collaborate on projects. It is available on all platforms- MAC, PC and mobile. Skype was limited to instant messaging and online meetings only but with Teams, members can store, share and edit data like images or documents, record and transcribe audio from meetings and share screens, among other things.
The idea of Microsoft Teams is to reduce the flood of emails staff receive on a daily basis and replace them with more of an instant message-based experience. A team administrator, likely a manager, will set up a URL or send an invitation to those they want on the team. Within the team, they can set up channels, which are topics of conversation, (essentially chat rooms for business) where they can discuss matters without using email. To make it a little more fun, users can reply using images, memes or GIFs, creating a team-building atmosphere instead of strictly 100% business. If you miss a message or conversation, you can easily catch up by viewing the team chat history.
Where to Find Teams
Teams is a part of Office 365 included with license plans Business Essentials, Business Premium, Enterprise E1, E3 or E5. It can be accessed through a desktop app, browser or mobile app. External users who are not part of your organization and don’t have an Office 365 subscription can also participate, as there is a free version, however, storage and features are limited.
Take it for a test drive yourself. Download Teams from Microsoft now.
BSC Solutions Group provides Office 365 licensing, migration services and support.
April 05, 2019 3:58:17 PM
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James Michael Becher
The Christmas Victory (Gift Edition) A Gem of a Sermon, All Wrapped Up In a Historical Novel
This is the full-color gift edition, with colored ribbons at every chapter heading and color pictures scattered throughout. It's a historical tiction novel which covers the years 1860 to 1909 and deals with the lives of H.W. Longfellow, his son, Charles and Mark Twain. What do the lives of Henry Wadsworth. Longfellow and Mark Twain have in common? The answer is that both of their lives contained terrible tragedies from which they eventually found real hope and spiritual meaning—at least in this novel. This book is about one little sermon and one, even littler poem, and how, fictionally, they may have influenced and given hope to, not only the author of the poem, Henry W. Longfellow, but also his son, Charles, and Mark Twain, whom Charles meets. Though suffering tragic losses, these all eventually find hope and spiritual fulfillment.
I, was born in Lancaster, Pennsylvania, on June 8, 1943 to a Christian family and accepted Jesus at an early age. In Jr. High School, I became interested in writing and drama. I wrote poems, articles and a few short stories, and plays. In college, I won second prize in a contest with a Biblical short story, which now forms part of my first novel, “Of Such Is The Kingdom, A novel of the Christ and the Roman Empire,” published in 2003. In 2010, I wrote the sequel, “Of Such Is the Kingdom, Part III, Power and Persecution, A Novel of the early Church and the Roman Empire.” I also wrote a Sci-fi novel, “Impossible Journey, A Tale of Times and Truth” and a non-fiction book, “Principles of the Kingdom." I graduated from Clearwater Christian College in 1970 with a B.A. degree in Bible-Literature, and from Biblical School of Theology in 1974 with a M. Div. Ordained in November, 1974, I served as assistant pastor/Bible teacher in several churches. I also served in a foreign-student ministry, where I met my wife, Berenice Carett from Venezuela. In 2014 I wrote an American historical novel, called "The Christmas Victory."
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Henry starts the poem /The children play
This excerpt picks up where the one entitled "Henry's Personal War" left off. I include here a picture so you can see how I use pictures, and how beautiful, I include the setting (the children going out to play, etc.) so you can see how everything fits. You can see here also the contrast between the attitude of the children (their joy) and that of Henry. How will he ever change?
So Charles went and sat down in the living room and reached for the family Bible which lay under a pile of dust on one of the living room tables. The other children came downstairs one by one and sat expectantly waiting for the opening of the presents. Charles sighed and told them “I think he wants to be left alone. He's in one of his moods. We can open the presents later—before lunch. Why don't you go out and play now?”
Alice Mary sighed and said, “I wonder if Father is going to be like this forever.”
“Yes,” agreed little Edith. “Will it ever really be Christmas again?”
Charles sighed. “We just have to give him some time.”
“Time?” asked Ernest. “But it's been over three years since mother died.”
“I know,” agreed Charles. “Some things take longer with some people.”
By now, the children had taken their winter coats, scarfs, hats and ear muffs from the hall closet and were bundling up to go out and play in the snow. Edith looked at Charles and asked, “Won't you come out and play with us too, Charles?”
“Ah, no thank you,” he replied. “You go on. I think I'll just sit here and read the Bible.”
Henry sat in quiet contemplation for a while, staring at Fanny's picture which stood before him on the desk.
Just then, the church bells began to chime. At first, he regarded their ringing as an unwelcome interruption to his reverie and tried putting on ear muffs to deaden the sound. But then it seemed as if, in some sort of belfry conspiracy, more and more bells began to chime—bells from other churches—from all the churches in the area. They kept on ringing. The tunes they played were all the old familiar Christmas carols he had heard from his youth. But as they kept pealing, one phrase, from his conversation with Charles, kept going over and over in his mind: Peace on earth, goodwill to men, Peace on earth, goodwill to men. He removed the ear muffs and listened pensively to the lilting melodies of the bells pealing out the message of peace. He reached for his pen and began to write.
Their old familiar carols play,
And wild and sweet the words repeat
Of peace on earth, good will to men.
With each passing moment, it seemed as if more bells had joined the chorus. He continued to write:
I thought how, as the day had come,
Had rolled along the unbroken song
But, he thought, catching himself, what am I writing this for? How can there be peace on earth when this war is dragging on? He felt more strongly now the despair he had been feeling over Fanny's death, Charles’s injury and the war in general. Why had this war even started in the first place? It was all the fault of those slave owners in the south, he thought. He placed the ear muffs back on his ears and picked up his pen again. In anger and sarcasm he wrote the following verse:
Then from each black accursed mouth
He realized that he was fortunate to have Charles back alive. But what, he thought, of all the other families that lost sons and brothers in the war? He took up his pen again and wrote.
He bowed his head in despair. His own despair seemed to multiply as he thought of the many families who had lost loved ones to the war, and then of his own loss of Fanny and of Charles' terrible injury. He again took up his pen and wrote:
He put down his pen and rested his head on his arms on the desk. It's no use, he thought. I can't publish a poem that ends like that and right now I can't imagine any other ending. He crumpled up the paper and threw it into the wastebasket beside his desk.
But just then the newsboy's bell was also heard, mingling with the sound of the church bells. Then the sound of the newsboy's voice was heard above the pealing of the bells, shouting out the headlines: “Union forces make great advances. Read all about it.”
In the living room, Charles threw down the Bible, grabbed his overcoat from the closet and ran out and bought a paper from the lad. Upon returning he decided to share the news with his father. Entering Henry's study, he said excitedly “Did you hear that news Father? There are great union advances. Why, the war may be over sooner than we think.”
“Let me see that, Son.” Henry almost tore the paper from his son's hand. He then slumped down again into his easy chair with the paper in hand and read slowly. In a little while, he raised his head out of the paper again and said with a slight smile, “Well, things do look somewhat hopeful, don't they, Son?”
“I'd say more than somewhat. With first Lincoln’s re-election and now this news--I think it's a portent, Father. This civil war will soon be over. I think it's time you ended your personal war also, Father.”
Henry frowned. “That’ll be enough Son! I thank you for sharing with me the good news about the war. It is encouraging, but then, why did it even have to start in the first place? Where was God when it started? I'd just like to be left alone now, Son.”
“Alright, Father.” Charles went back to the living room again and reached once more for the family Bible, which was now on the floor where it had fallen when he went to get the paper.
Again Henry sat staring blankly at Fanny's picture. Then he thought, Perhaps Charles is right. At any rate, it’s great that things look hopeful on the National front. But how can I forget Fanny's death and Charles' serious injury? Surely God could have prevented these things if he wanted to.
Meanwhile, the ever-deepening pealing of the bells was heard by the children as they played noisily in the snow, drowning out their screams and squeals of delight. To them, the bells said, “Christmas is here—enjoy it.” And they did.
Source Pixabay
The sun kept rising higher and higher in the sky, sending its streaming rays of sunlight through Henry's study window.
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Carol Moukheiber
Carol Moukheiber is an Assistant Professor at the Daniels Faculty of Architecture, Landscape and Design at the University of Toronto and Partner in the architecture practice Studio NMinusOne (n-1). She is the Founder and co-Director of RAD, Responsive Architecture at Daniels which is probing the impact of emerging technologies on the physical environment. Her work with NMinusOne, the built and conceptual projects, along with the physical prototypes have served as experiments for a flirtatious architecture that plays an active/subjective role — where all matter is recognized as vital, dynamic and expressive in shaping the perceptual experience of the inhabitant. With the incorporation of computational power into building matter, the animation of architecture is motivated further by issues of physical, psychological, and environmental wellness and delight. The firm’s work has been acquired by the San Francisco Museum of Modern Art and has been published widely in academic and mainstream media including The New York Times Magazine, Praxis Journal of Architecture and Domus. The studio is the recipient of the Architectural League of New York, Emerging Voices 2012 award. She is the co-author of The Living, Breathing, Thinking Responsive Buildings of the Future and co-editor of Wild Wild Urbanism, Redesigning California.
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Fauci rebuts Republican claims about hydroxychloroquine in Capitol Hill session
Infectious disease expert Dr. Anthony Fauci resisted efforts by Republicans to criticize recent protests against racial injustice while pushing back on their continued promotion of hydroxycholoroquine as a possible coronavirus remedy in Congress on Friday.
Fauci's testimony at a hearing of the U.S. House of Representatives subcommittee on the coronavirus crisis came at the end of a month in which U.S. coronavirus deaths rose by almost 25,000 and cases doubled in at least 18 states, according to a Reuters tally, dealing a crushing blow to hopes of quickly reopening the economy.
The United States has recorded nearly 1.8 million new COVID-19 cases in July out of its total 4.5 million known infections, an increase of 66 per cent with many states yet to report on Friday. Deaths in July rose at least 19 per cent to a total of more than 152,000.
Republican Blaine Luetkemeyer of Missouri submitted into the record a study conducted at the Henry Ford Health System in Detroit showing benefits to treating some coronavirus patients with hydroxychloroquine, best known as an anti-malaria drug.
"That study is a flawed study," said Fauci, stressing it wasn't a randomized, placebo-controlled trial and that patients also received corticosteroids, which in a separate study exhibited benefits for seriously ill patients.
When confronted with the fact it was peer-reviewed, Fauci demurred.
"It doesn't matter. You can peer review something that's a bad study," he said.
President Donald Trump, some Republicans in Congress and several conservative media commentators have consistently pushed for the drug's use, many of them widely sharing a video this week extolling its virtues that was produced for the web with funding from the group Tea Party Patriots Action. Facebook eventually pulled the video from its site.
Any and all of the randomized placebo-controlled trials — which is the gold standard of determining if something is effective — none of them have shown any efficacy for hydroxychloroquine. - Dr. Anthony Fauci
The president has claimed he took hydroxychloroquine in the spring with no ill effects.
"Any and all of the randomized placebo-controlled trials — which is the gold standard of determining if something is effective — none of them have shown any efficacy for hydroxychloroquine," said Fauci.
Fauci, who leads the National Institute of Allergy and Infectious Diseases, added he would be "the first one to admit it and promote it" if a hydroxychloroquine study in the future meets that standard and shows positive effects.
A veteran of six Republican and Democratic administrations, Fauci has become the most familiar face of the administration's coronavirus task force but a target of many conservatives who want to see the state economies fully reopened.
Early in the session, Fauci clashed with Rep. Jim Jordan, after the Ohio Republican demanded Fauci's opinion about whether protests should be curbed or eliminated to control the pandemic.
"Should we limit the protesting?" Jordan asked. When Fauci said he was not in a position to make such a recommendation, the lawmaker retorted: "You make all kinds of recommendations. You make comments on dating, on baseball and everything you could imagine."
"I'm not favouring anybody over anybody," Fauci replied. "I'm not going to opine on limiting anything … I'm telling you what is the danger, and you can make your own conclusion about that. You should stay away from crowds, no matter where the crowds are."
Kevin Dietsch/The Associated Press
Fauci, who made headlines in March by describing U.S. testing efforts as a failing, also resisted efforts by Democrats to criticize the Trump administration response to the virus, frequently handing off questions about the current state of testing and other matters to his fellow panellists.
In addition to Fauci, U.S. Centers for Disease Control and Prevention Director Dr. Robert Redfield and Admiral Brett Giroir, assistant secretary at the Department of Health and Human Services, also testified.
Testing times still a concern
At the start of the hearing, congressional Republicans and Democrats clashed about whether the Trump administration had a national strategy to respond to the coronavirus pandemic.
"The administration's approach of deferring to states, sidelining experts and rushing to reopen has prolonged this virus and led to thousands of preventable deaths," said panel Chairman James Clyburn, who denounced Trump's coronavirus response as "among the worst of any country in the world."
Mike Blake/Reuters
But Steve Scalise, the subcommittee's top Republican, dismissed Clyburn's criticism as political posturing, saying the Trump administration has provided effective plans for schools, employers, nursing homes and vaccine development.
"You wouldn't even be here today if there wasn't a plan," said Scalise.
Giroir acknowledged that currently it's not possible for the U.S. to return all coronavirus test results to patients in two to three days. He blamed overwhelming demand across the nation.
Many health experts say that COVID-19 results are almost worthless when delivered after two or three days because by then the window for contact tracing has closed.
The latest government data shows about 75 per cent of testing results are coming back within five days, but the remainder are taking longer, Giroir told lawmakers.
Rapid, widespread testing is critical to containing the coronavirus outbreak, but the U.S. effort has been plagued by supply shortages and backlogs since the earliest days of the outbreak.
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Krishna Temple, Udupi
Krishna Temple Overview Situated in one of the most famous pilgrimage sites of South India, the Krishna Temple or the Udupi Sri Krishna Matha is quite a huge name associated with the worship of Lord Krishna. The unique thing about the temple is that the worshipping is done only through a window with nine holes called the Navagraha Kitiki.The temple bears a resemblance to a living ashram, fostering daily life and devotion.
Jog Falls
The second-highest plunge waterfall of India, these magnificent falls are a major tourist attraction in Karnataka, the spellbinding view of which creates a truly memorable experience. Located on the border of Shimoga and Uttara Kannada districts of Karnataka, Jog waterfalls is the highest waterfall In the state and is regularly mistaken as the highest waterfalls of India. Also known as Gerosappa Falls or the Joga Falls, these falls are one of the most important attractions in all of South India. Second only to the Nohkalikai Falls of Meghalaya, Jog falls drops about a huge 253 m (850 ft.) in a single fall. However, due to the construction of Linganamakki Dam, the flow in the falls is hugely restricted before monsoons.
Agumbe is a small hill village with very limited visitor accommodation. It is located in Shimoga district, Thirthahalli taluk, Karnataka, India. It is sometimes called “The Cherrapunji of the South” in Northeast India. Agumbe is associated with rainforest conservation efforts, documentation of medicinal plants, tourism (trekking and photography), and promotion of cottage industry. Agumbe lies in a hilly, wet region of the Western Ghat mountains. This geography contributes to its scenery, suitability for trekking, leech infestation and motor vehicle accidents. In addition, there are a number of waterfalls in the locality (Barkana falls, Onake Abbi falls, Koodlu Theertha falls,Sunset point).
Kaup is a town in Udupi district of Karnataka, India. It is famous for its lighthouse.There is a beach on the shore of the Arabian Sea and a lighthouse. The beach also sports a shack and a bar with seating in the open sky. Though the sea is mostly calm all year round, there have been isolated cases of drowning in this beach. The Kapu light house is open for visitors between 5PM to 6PM. The best time to visit Kapu is either during sunrise or sunset. It gets too hot during the day. It’s better if one visits in the monsoons. During mornings, the beach is generally empty, so preferable to visit then.
St. Mary’s Island
St. Mary’s Islands, also known as Coconut Island and Thonsepar, are a set of four small islands in the Arabian Sea off the coast of Malpe in Udupi, Karnataka, India.The island reportedly got its name from Vasco Da Gama, who stopped by this island during his journey that discovered India. St Mary’s is a small island, with rocks on all sides. It is probably because of these rocks the island is intact even today, without letting the mighty ocean waters to erode the sands. Apart from the ocean waters and rocks, island has a few coconut trees, few shelters created by tourism department and couple of makeshift shops selling chips and cold drinks.
Malpe is a natural port of about six kilometers to the west of Udupi, Karnataka, India. An important port and fishing harbor on the Karnataka coast. It is a suburb in Udupi city. Malpe and Mogaveera goes together. Malpe is a hub of Mogaveera population. Tulu, Kannada and Konkani are spoken here.It is the first Indian beach with Free Wi-Fi for 30 minutes per phone.The place of interest in Malpe is the scenic beach, which is popular among both locals and tourists. St. Mary’s Islands is also a tourist destination.
Coorg is the place to be for all nature lovers. Coorg, officially known as Kodagu, is the most affluent hill station in Karnataka. It is well known for its breathtakingly exotic scenery and lush greenery. Forest covered hills, spice and coffee plantations only add to the landscape. Madikeri is the region’s centre point with all transportation for getting around starting from here.
Hampi (Hampe) is a village and temple town recognised as a UNESCO World Heritage Site, listed as the Group of Monuments at Hampi. in northern Karnataka, India. It was one of the richest and largest cities in the world during its prime. It is located within the ruins of the city of Vijayanagara, the former capital of the Vijayanagara Empire. Predating the city of Vijayanagara, Hampi continues to be an important religious centre, housing the Virupaksha Temple and several other monuments belonging to the old city. According to statistics of 2014, Hampi is the most searched historical place in Karnataka on Google.
St.Lawrence church, Attur
St.Lawrence church is known as the beacon of miracles, which have been produced over the years. St.Lawrence is known as the miracle worker among His devotees worldwide. It is located with the western ghats on the East side, the blue and purple sky above dotted with small jungles.
Hornadu
Horanadu is a quaint little village boasting of pristine nature in and around. It is most famous for the Goddess Annapoorneeshwari Temple and its beautiful sights. The area is covered in thick vegetation and gives it a beautiful setting. The town of Horanadu being agriculture centric, is rich in tea, coffee and spice plantations.
Sringeri Sharada Peetham
Sringeri Sharada Peetham was established by Sri Adi Shankaracharya. It is set against the backdrop of the beautiful Malnad hills, on the banks of the Tunga River. This place is named after the great Rishi Rishyashringa. This matha is one of the Advaita centers of authority. It holds authority over the Yajur Veda, especially Krishna Yajur Veda among Smarthas, i.e., followers of the Advaita School.
Karkala is considered as a town of historical importance and a famous pilgrim centre for Jains. There are about 18 Jain temples (basadis) found here. Few Jain temples built here are Chaturmukha Thirthankara Basadi, Hiriyangaddi Neminatha Basadi and Anekere Padmavathi.
Linganmakki Dam
Linganamakki Dam, one of the major dams of Karnataka is located at a distance of 6 Km from Jog Falls near Kargal town in Sagar Taluk. The Linganamakki dam was constructed in the year 1964 by Karnataka State Government. The length of the dam is 2.4 Km spread out across river Sharavathi.
A city in India’s southwestern Karnataka state, was the capital of the Kingdom of Mysore from 1399 to 1947. In its center is opulent Mysore Palace, seat of the former ruling Wodeyar dynasty. The palace blends Hindu, Islamic, Gothic and Rajput styles. Mysore is also home to the centuries- old Devaraja Market, filled with spices, silk and sandalwood.
The Gommateshwara statue at Shravanabelagola is one of the most important tirthas (pilgrimage destinations) in Jainism, one that reached a peak in architectural and sculptural activity under the patronage of Western Ganga dynasty of Talakad. Shravanabelagola has two hills, Chandragiri and Vindhyagiri. Acharya Bhadrabahu and his pupil Chandragupta Maurya are believed to have meditated there. The 58-feet tall monolithic statue of Gommateshwara is located on Vindyagiri.
Mangalore (or Mangaluru) is an Arabian Sea port and a major commercial center in the Indian state of Karnataka. It’s home to the Kadri Manjunath Temple, known for its bronze statues, and the 9th-century Mangaladevi Temple. Its Catholic sites include Milagres Church, dating to the 17th century, and St. Aloysius Chapel, which features interior paintings. Tannirbhavi Beach is popular for its sunset views.
The hanging bridge which connects Kemthur to its brother village Manipura is 35 years old and built over the river Swarna, which is 25 feet deep. The bridge is the main attraction for tourists, a walk across the bridge offers breathtaking views of the lush green forest, the swarna and paddy fields. The village is also home to many migratory birds, which offers a treat to bird watching enthusiasts and photographers.
Murdeshwara is a town in Bhatkal Taluk of Uttara Kannada district in the state of Karnataka, India. This magnificent shrine is dedicated to Lord Shiva. This temple boasts of the second highest statue of Lord Shiva in the world, and the sheer magnanimity of the statue will fill you with a sense of awe. This temple is built on the Kanduka Hill which is surrounded by the Arabian Sea on three sides. The Shiva statue here is quite an impressive one and will surely leave you with a humble sense of tranquillity. This magnificent statue is a perfect tribute to a God who is held in high reverence in lands far and wide.
Kudremukha
Kuduremukha is a mountain range and name of a peak located in Chikkamagaluru district, in Karnataka, India. It is also the name of a small hill station cum mining town situated near the mountain, about 48 kilometres from Karkala and around 20 kilometres from Kalasa. The name Kuduremukha literally means ‘horse-face’ (Kannada) and refers to a particular picturesque view of a side of the mountain that resembles a horse’s face. At Kudremukha, the government provides shelter which includes tents and cottages. It is advisable to reserve well in advance before visiting the town. In recent times, some people have opened home stays and guest houses. There are about 13 trekking routes in Kudremukha ranging from easy to tough.
Turtle Bay is a beach resort. A short distance away from the resort, on the Highway, lies a beautiful stretch of road with the sea on one side and backwaters on the other. This stretch measures a few kilometres and is a rare sight. The scenic beauty of the Arabian Sea, the calm backwaters of the River Sowparnika, breathtaking nature walks, treks along the scenic coast, clean water for snorkelling, scuba diving and swimming – that about sums up what Turtle Bay is all about! Turtle Bay Beach Resort offers you the luxury of lounging on pristine golden sands, amidst swaying coconut palms. The resort gets its name from the sea turtles that inhabit the beach during the nesting season from October to December every year.
Yana is a village located in forests of the Kumta, Uttara Kannada district of Karnataka, India which is known for the unusual karst rock formations. It is located in the Sahyadri mountain range of the Western Ghats. The two unique rock outcrops near the village are a tourist attraction and easily approachable by a small trek through 0.5 kilometres (0.31 mi) of thick forests from the nearest road head.
Gokarna is a small temple town on the western coast of India in the Kumta taluk of Uttara Kannada district of the state of Karnataka. The main temple and deity is Lord Shiva, who is also known as Mahabaleshwara. This temple houses what is believed to be original image of Lord Shiva’s linga. The drive up the winding path that leads to Gokarna is scenic, with the rocky mountains and Western Ghats on one side and the Arabian Sea on the other. Gokarna is known for the beaches. The Gokarna main beach in town and Kudle beach are west facing. Om beach, Half moon Beach, Paradise Beach (also known as Full moon) and Belekan beach are south facing.
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Men’s college basketball: Cavs rout North American
Charlie Cavell
BPCC Athletic Coordinator
The Bossier Parish Community College Cavaliers bounced back nicely from Wednesday’s disappointing showing at Panola to rout the North American University Stallions 104-67 Saturday at the Coach Billy Montgomery Gymnasium.
BPCC had six players reach double figures, including freshman guard E.J. Clark, who scored a personal-best 20 points. Jason Holliday scored 17 points, while Erie Olonade and David Williams each had 15 points, and Mikail Simmons chipped in with 13.
The outmanned Stallions, who showed up with only six players, four of which finished the game after two fouled out, kept the game within 15 throughout most of the first half and much of the second. However, the Cavaliers were able to take complete control, dominating the final six minutes of the game to win going away by 37.
NAU’s Payton Stewart and Anthony Norman both had 23 points in the losing effort.
With the win, BPCC improves to 17-5 overall. The 17 wins equals last year’s win total, and is the most for a Cavaliers squad since 2007-08 when BPCC posted a 17-15 record under coach Louis Bonner. That Cavs team was the Region 23 Champions, but lost in the semifinals of the region tournament.
The Cavaliers return to Region XIV play on Wednesday, Feb. 6 when they play host to the Tyler Junior College Apaches. Tip-off is scheduled for 7:30 p.m.
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US Supreme Court Nominee Amy Coney Barrett Sat on Board at Private School with Anti-Gay Rules
Originally Published October 21, 2020 10:51 am EDT
Supreme Court Barrett Gay Rights
FILE - In this Oct. 14, 2020, file photo, Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington. Barrett served for nearly three years on the board of a private Christian school that effectively barred admission to children of same-sex parents and made it plain openly gay and lesbian teachers weren’t welcome in the classroom. (Erin Schaff/The New York Times via AP, Pool, File)
The private Christian schools barred children of same-sex parents and LGBTQ teachers.
Supreme Court nominee Amy Coney Barrett served for nearly three years on the board of private Christian schools that effectively barred admission to children of same-sex parents and made it plain that openly gay and lesbian teachers weren’t welcome in the classroom.
The policies that discriminated against LGBTQ people and their children were in place for years at Trinity Schools Inc., both before Barrett joined the board in 2015 and during the time she served.
The three schools, in Indiana, Minnesota and Virginia, are affiliated with People of Praise, an insular community rooted in its own interpretation of the Bible, of which Barrett and her husband have been longtime members. At least three of the couple’s seven children have attended the Trinity School at Greenlawn, in South Bend, Indiana.
The AP spoke with more than two dozen people who attended or worked at Trinity Schools, or former members of People of Praise. They said the community’s teachings have been consistent for decades: Homosexuality is an abomination against God, sex should occur only within marriage and marriage should only be between a man and a woman.
Interviewees told the AP that Trinity’s leadership communicated anti-LGBTQ policies and positions in meetings, one-on-one conversations, enrollment agreements, employment agreements, handbooks and written policies — including those in place when Barrett was an active member of the board.
“Trinity Schools does not unlawfully discriminate with respect to race, color, gender, national origin, age, disability, or other legally protected classifications under applicable law, with respect to the administration of its programs,” said Jon Balsbaugh, president of Trinity Schools Inc., which runs the three campuses, in an email.
The actions are probably legal, experts said. Scholars said the school’s and organization’s teachings on homosexuality and treatment of LGBTQ people are harsher than those of the mainstream Catholic church.
Barrett’s views on whether LGBTQ people should have the same constitutional rights as other Americans became a focus last week in her Senate confirmation hearing. But her longtime membership in People of Praise and her leadership position at Trinity Schools were not discussed, even though most of the people the AP spoke with said her deep and decades-long involvement in the community signals she would be hostile to gay rights if confirmed.
Suzanne B. Goldberg, a professor at Columbia Law School who studies sexuality and gender law, said private schools have wide legal latitude to set admissions criteria. And, she said, Trinity probably isn’t covered by recent Supreme Court rulings outlawing employment discrimination against LGBTQ people because of its affiliation with a religious community. But, she added, cases addressing those questions are likely to come before the high court in the near future, and Barrett’s past oversight of Trinity’s discriminatory policies raises concerns.
“When any member of the judiciary affiliates themselves with an institution that is committed to discrimination on any ground, it is important to look more closely at how that affects the individual’s ability to give all cases a fair hearing,” Goldberg said.
The AP sent detailed questions for Barrett to the White House press office. Rather than providing direct answers, White House spokesman Judd Deere instead accused AP of attacking the nominee.
“Because Democrats and the media are unable to attack Judge Barrett’s sterling qualifications, they have instead turned to pathetic personal attacks on her children’s Christian school, even though the Supreme Court has repeatedly reaffirmed that religious schools are protected by the First Amendment,” Deere said in an email.
Nearly all the people interviewed for this story are gay or said they have gay family members. They used words such as “terrified,” “petrified” and “frightening” to describe the prospect of Barrett on the high court. Some of them know Barrett, have mutual friends with her or even have been in her home dozens of times. They describe her as “nice” or “a kind person,” but told the AP they feared others would suffer if Barrett tries to implement People of Praise’s views on homosexuality on the Supreme Court.
About half of the people asked not to be identified for fear of retaliation against themselves or their families from other members of People of Praise, or because they had not come out to everyone in their lives. Among those interviewed were people who attended all three of its schools and who had been active in several of its 22 branches. Their experiences stretched back as far as the 1970s, and as recently as 2020.
NOT WELCOME
Tom Henry was a senior at Trinity School in Eagan, Minnesota, serving as a student ambassador, providing tours to prospective families, when Barrett was an active member of the board.
In early 2017, a lesbian parent asked him whether Trinity was open to gay people and expressed concern about how her child would be treated.
Henry, who is gay, said he didn’t know what to say. He had been instructed not to answer questions about People of Praise or Trinity’s “politics.”
The next day, Henry recalled, he asked the school’s then-headmaster, Jon Balsbaugh, how he should have answered. Henry said Balsbaugh pulled a document out of his desk drawer that condemned gay marriage, and explained it was a new policy from People of Praise that was going into the handbook.
“He looked me right in the eye and said, the next time that happens, you tell them they would not be welcome here,” Henry recounted. “And he said to me that trans families, gay families, gay students, trans students would not feel welcome at Trinity Schools. And then he said, ‘Do we understand each other?’ And I said, yes. And I left. And then I quit the student ambassadors that day.”
Balsbaugh, who has since been promoted to president of Trinity Schools Inc., says his recollection of the conversation “differs considerably,” but declined to give details. He said it is likely he shared the school’s guidelines that at that time “had long been published in the parent handbook.”
Balsbaugh told the AP in an email that Barrett was not involved in the formulation or passage of any policies pertaining to homosexuality. He said Barrett served on the Trinity board from July 2015 to March 2017, and denied that the school’s leadership considered or formulated any new policy related to homosexuality during that time. He didn’t say whether the policy as described by Henry was ever adopted.
The school’s parent handbook says the board is the highest decision-making body, responsible for hiring the president and developing “broad institutional polices.”
People of Praise is not a church but is a community in which people sign a “covenant” pledging love and service to fellow community members and to God. It has 1,700 members and grew out of the Catholic charismatic movement rooted in Pentecostalism that began in the late 1960s. It emphasizes a personal relationship with Jesus and can include baptism in the Holy Spirit, speaking in tongues and prophecy, according to former members, experts who have studied the movement, and its own publications. Most members are Roman Catholic.
Barrett has declined to say whether she is still an active member.
More than half of the people AP interviewed were involved with Trinity or People of Praise within the last decade. The AP verified the identities of everyone interviewed for this story through posts on the People of Praise and Trinity websites, published athletics results, school and membership directories, past listed addresses, or through other people verified by the AP as Trinity alumni or former members.
Multiple people who spoke with the AP detailed how Trinity’s leadership articulated and put in place policies that effectively barred gay families and employees.
A 2018-19 enrollment agreement obtained by the AP says “the only proper place for human sexual activity is marriage, where marriage is a legal and committed relationship between one man and one woman.” It goes on to say that activities such as “fornication, pornography, adultery and homosexual acts, and advocating or modeling any of these behaviors” are at odds with the school’s core beliefs.
In 2014, the year before Barrett joined the board, the school’s trustees voted to limit admissions to the children of legally married couples or single parents. At the time, gay marriage was not legal in Indiana or Virginia. The wording was softened slightly after the 2015 Supreme Court ruling that effectively legalized same-sex marriage nationwide, though it still explicitly opposes LBGTQ relationships.
“The reason was not any desire to judge or punish, but to avoid potential confusion for our students regarding our consistent position that sexual activity is meant to be only within marriage, understood as the union of one man and one woman,” Balsbaugh said.
Balsbaugh said families and students don’t have to agree with the school’s positions, but it’s important that parents “understand and be able to support the culture that we are establishing.”
In addition to the written policies, school administrators made clear verbally they did not want to admit children of gay families, multiple people told the AP.
One described a faculty meeting at the Trinity School in Minnesota, where Balsbaugh, who was then headmaster, said in response to a question that people who subscribed to a religion other than Christianity would be welcome at the school because they were still “seeking truth.” Children of gay couples, on the other hand, would not be accepted, “because their life is so contrary to our beliefs, and essentially that it was a choice,” the person recalled Balsbaugh saying.
Balsbaugh said his recollection of the faculty meeting differed, but declined to give details. He denied this was the position of Trinity Schools, but declined to say whether children of gay couples would be admitted. He instead highlighted the school’s harassment policy against bullying or other abuse “based upon a student’s sex, race, ethnicity, religion, sexuality or perceived sexuality.”
“Such behaviors are considered major violations of our code of conduct for students and faculty alike,” the policy states.
A faculty employment agreement in place for the 2014-15 school year, obtained by the AP, states that “Blatant sexual immorality (for example, fornication, adultery, homosexual acts, etc.) has no place in the culture of Trinity Schools.”
Several people told the AP they were unaware of any openly gay employees and said it was understood that they were not welcome. One gay man spoke with the AP on condition of anonymity for fear of being ousted from his position at the school.
Balsbaugh told the AP many religious schools and faith-based groups have similar faculty agreements. He would not say whether the school has any LGBTQ teachers.
SCHOOL TEACHINGS
Many former students described a controlling and repressive environment where even a friendly hug could earn a detention. Michael Leehan spent six years at Trinity School in Minnesota, graduating in 2015. Leehan, who is gay and had come out to his friends at school, recalled being reprimanded by a dean for hugging a platonic male friend.
“I don’t know how else to describe it. He just got a kind of a mean look in his eye and venom in his voice,” Leehan said, recalling that the dean told him, “Don’t do that stuff here.” Leehan remembered a surge of anger — “the feeling of I’m dirty, in the context of this school.”
Several former students of varying ages who attend all three Trinity schools separately described being taught a vivid reading from Dante’s “Inferno” that depicts the eternal suffering of Sodomites condemned to hell for their sins. Four of them said teachers made clear the passage referred to gay men who were rightly suffering in hell. Some more recent graduates of the Minnesota school, however, said their teacher did not dwell on the passage.
Balsbaugh said Trinity teaches Dante “as a work of imaginative literature, not as a collection of moral or theological statements.”
Cara Wood, 28, attended Trinity School at Meadow View in Falls Church, a Virginia suburb of the nation’s capital, and recalled the only time the school addressed homosexuality was when students read the “Inferno” and learned about gay men being in hell. Wood, who is bisexual, graduated in 2010.
“They called it sexual preference rather than … sexual orientation and typically we just wouldn’t address it at all,” Wood told the AP.
During her confirmation hearing last week, Barrett also framed sexuality as a “preference.” That wording is rejected by LGBTQ advocates because it suggests sexual orientation is a choice.
“I have no agenda, and I do want to be clear that I have never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference,” Barrett said during the Oct. 13 hearing.
After some Democratic senators seized on her use of the term, Barrett apologized, saying she “did not mean any offense or to make any statement by that.”
Andrea Turpin-King transferred to the South Bend school in 1990, in the middle of her 7th grade year, after her father was struck and killed by a drunken driver after leaving a well-known gay bar. Her mother hoped she could get a fresh start after she was bullied at another school. The teachers at Trinity were told about what had happened, she said.
Turpin-King recalled that during 9th grade one of her teachers told the class that all gay people go to hell.
“When she said that, all I could picture was my dad’s face, and all I could think about was how much I missed his hugs,” Turpin-King told the AP. “And so, I said, I don’t think that’s true. And she said that I was going to go to hell, too.”
Turpin-King said: “It felt like a request for me to disavow my father’s humanity. Even in death. And I couldn’t do that.”
LIFE IN PEOPLE OF PRAISE
Many former members told the AP they struggled to reconcile People of Praise’s and Trinity Schools’ religious teachings with their sexual identity, and suffered fear, anxiety and trauma. Many felt they had to leave, even at the risk of being shunned by friends and family.
One 2015 Trinity graduate who grew up in People of Praise recalled members requesting that the community pray that their gay loved ones would “recover” from their homosexuality.
Another Trinity graduate, who spoke to the AP on condition of anonymity because his parents are still in People of Praise and his sexuality remains a sensitive topic for them, was forced to undergo conversion therapy after Trinity administrators learned he was gay at age 16. He also recounted being counseled by a senior People of Praise leader that same-sex attraction was “changeable” with treatment and prayer. The widely discredited practice has been condemned by mental health organizations and LGBTQ advocacy groups as pseudoscientific, unethical and psychologically harmful.
People of Praise spokesman Sean Connolly said the group had no knowledge of LGBTQ youths being referred for conversion therapy.
“People of Praise neither advocates for nor pays for such programs,” he said.
While some former members said they knew of no explicit People of Praise teaching against gay members, or said gay members could remain as long as they never acted on their sexual desires, most of those who spoke with the AP said it was clear gay people were not welcome.
Asked directly if a married same-sex couple or someone who is openly gay would be welcome within the community, Connolly responded, “People of Praise holds the standard Christian teaching, based on the New Testament, that sexual activity is meant for marriage, understood as the union of a man and a woman.”
Camellia Pisegna’s family was expelled from the community they had been a part of for 15 years in South Bend when she came out as a lesbian around 1990, she and others told the AP. Pisegna’s children were shunned, even from lifelong friends. Even now, Pisegna said, no one has apologized, even though she still lives in the area.
“Any one of these hundreds of people could very easily find me,” Pisegna said. “But that’s never happened in 30 years.”
Connolly said that account of what happened was “not accurate,” though he declined to provide details “out of respect for all parties involved.”
“We believe that harassing or persecuting gays and lesbians is contrary to the Gospel and that everyone should be treated with dignity and respect,” Connolly said in an email.
Massimo Faggioli, a theology professor at Villanova University, said some of the community’s teachings are more in keeping with pre-1960s Catholicism than the modern church.
“It comes from a very literalist reading of scripture,” Faggioli said. “It’s no longer the official language used by the official teaching of the Catholic Church. It’s no longer used by the pope. It’s no longer used by official documents that still have a negative view of same-sex marriage.”
“Even John Paul II, even Pope Benedict, who had more conservative views on these things, they were very careful in never sounding (like) homophobes,” Faggioli said.
Barrett, in her hearing last week, refused to say whether she agreed with the Supreme Court’s ruling in Lawrence v. Texas, which in 2003 struck down state laws criminalizing sex acts between those of the same gender. She also repeatedly refused to say whether she agreed with the high court’s ruling in Obergefell v. Hodges, the landmark 5-to-4 decision in 2015 that effectively legalized same-sex marriage nationwide.
Barrett stressed that she did not intend to signal any opinion one way or another. If confirmed, she insisted, she would keep an open mind about how she might rule in any future cases.
Barrett’s position on gay rights is particularly crucial after two of the high court’s conservative justices, Clarence Thomas and Samuel Alito, this month wrote a dissenting opinion that appeared to call for the court to reconsider its 2015 same-sex marriage decision. Both Thomas and Alito were in the minority in that decision, as was deceased Justice Antonin Scalia, whose judicial philosophy Barrett has said mirrors her own.
Alphonso David, president of the Human Rights Campaign, an LGBTQ advocacy group that opposes Barrett’s confirmation, said his group fears “a far-right Supreme Court that could undermine the rights of marginalized communities and the LGBTQ community for decades.”
“Our love is valid, our love is equal, and our rights must be,” David said.
Turpin-King said she has briefly met Barrett, and they share mutual friends. Some of her husband’s family members are still members of the People of Praise community, and she loves and respects them. Many of Trinity’s teachers were wonderful to her. But the thought of Barrett sitting on the Supreme Court scares her.
“I am deeply concerned about my queer friends. I’m concerned about my own children,” Turpin-King said. “From what I experienced in People of Praise, as a student of one of their schools, everyone needs to be petrified, frankly.”
Amy Coney BarrettDonald TrumpLGBTQprivate schoolsschool choiceUS SenateUS Supreme Court
Coronavirus Biden Plans to Release Available COVID Vaccine Doses Immediately
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177 F.2d 924 (4th Cir. 1949), 5921, Corbin v. County School Bd. of Pulaski County, Virginia
Party Name: CORBIN, et al., v. COUNTY SCHOOL BOARD OF PULASKI COUNTY, VIRGINIA,
CORBIN, et al.,
COUNTY SCHOOL BOARD OF PULASKI COUNTY, VIRGINIA,
United States Court of Appeals, Fourth Circuit
Oliver W. Hill and Spotswood W. Robinson, III, Richmond, Va. (Martin A. Martin and Hill, Martin & Robinson, Richmond, Va., on the brief), for appellants.
Alton I. Crowell, Pulaski, Va. (John W.B. Deeds and Crowell & Deeds, Pulaski, Va., on the brief), for appellees.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
DOBIE, Circuit Judge.
Plaintiffs-appellants instituted, in the District Court of the United States for the Western District of Virginia, a civil action seeking a declaratory judgment and injunctive relief, alleging that defendants were pursuing a policy, practice and usage of denying to Negro children of Pulaski County, Virginia, on account of their race and color, educational opportunities, facilities and advantages substantially equal to those afforded white children similarly situated. This denial was asserted to be in contravention of the Fourteenth Amendment to the Constitution of the United States and the Constitution and laws of the State of Virginia.
Section 1 of the Fourteenth Amendment reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to an person within its jurisdiction the equal protection of the laws."
Pertinent sections of the Constitution and laws of the State of Virginia are:
"The general assembly shall establish and maintain an efficient system of public free schools throughout the State." Constitution of Virginia, Section 129.
"Mixed schools prohibited.--White and colored children shall not be taught in the same school." Constitution of Virginia, Section 140.
"White and colored persons.--White and colored persons shall not be taught in the same school, but shall be taught in separate schools under the same general regulations as to management, usefulness and efficiency." Code of Virginia, Section 680.
The defendant School Board and the defendant Critzer are, under the Constitution and laws of Virginia, legally charged with the duties of establishing and maintaining an efficient system of public free schools in Pulaski County, Virginia. The plaintiffs, all Negroes, are children of school age, or their parents, guardians or next friends, all residing in Pulaski County.
After the District Court had overruled the motion of defendants to dismiss the complaint, the defendants filed an answer denying the practice of racial discrimination. The court below heard extensive evidence, briefs were duly filed and the court entered final judgment dismissing the complaint. From this judgment plaintiffs have appealed to us. The opinion below, with findings of fact and conclusions of law, is reported in 84 F.Supp. 253.
Under Section 140 of the Virginia Constitution and Section 680 of the Code of Virginia (set out above), the segregation of the white and colored races is required in the public schools. While plaintiffs do not concede the validity of such segregation, they do not seem here to contest its validity, provided substantially equal educational facilities are afforded to members of both races. In any event, we think this question would be foreclosed against plaintiffs by decisions of the United States Supreme Court and no useful purpose could be served by our adding to the able discussion of this problem in the opinion below, 84 F.Supp. at pages 254-255.
It seems equally clear that such segregation would be invalid here if these plaintiffs, and others of their race and color similarly situated, are discriminated against,
and substantially equal educational facilities are denied to them by virtue of their race and color. As the District Judge stated, 84 F.Supp. at page 255: "Consequently, the question for determination here is the factual one of whether or not the policies, usages and customs of the defendants actually do discriminate against these plaintiffs and others similarly situated on account of their race or color." The District Judge answered this question in the negative.
We take up first the charge in the complaint of plaintiffs "that defendants discriminate against then on account of their race, in failing to enforce the Compulsory School Attendance Law of the State of Virginia as to Negro children as this law is enforced as to white children." On this question the District Judge stated: "There is evidence that there are a few Negro children of school age in Pulaski County who are not required to attend school because no school facilities are afforded them. On the other hand, it appears that there are at least ten white children of school age who are not required to attend school because no school facilities are afforded them. As to both these Negro children and the white children, they are isolated instances, and I find no evidence of any custom or practice of discrimination in the enforcement of the Virginia Compulsory School Attendance Law." A careful study of the record convinces us that we cannot set aside this finding as being clearly erroneous.
The appellants also contend that there has been discrimination with respect to the elementary schools of which four are maintained in Pulaski County for Negro Students. This question, although important, was not treated exhaustively in the briefs or argument of counsel. The District Judge in his opinion merely referred to the fact that...
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PEOPLE v. QUIGLEY
District Court of Appeal, Fifth District, California.
The PEOPLE, Plaintiff and Respondent, v. Robert Lee QUIGLEY, Defendant and Appellant.
Cr. 84.
Tom Okawara, Fresno (appointed by court), for appellant. Stanley Mosk, Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Raymond M. Momboisse, Deputy Atty. Gen., Sacramento, for respondent.
Robert Lee Quigley appeals from an order denying his motion to vacate a previous judgment finding him guilty of involuntary manslaughter for which he is serving a term of imprisonment. As no contention is made that the judgment in the criminal case was wholly void (People v. Hoffman, 132 Cal.App. 60, 22 P.2d 229; People v. McGee, 1 Cal.2d 611, 36 P.2d 378; People v. Ramirez, 139 Cal.App. 380, 33 P.2d 848; Fricke, California Criminal Procedure (5th ed. 1959), p. 189), this motion is properly treated as an application for a writ of error coram nobis. (People v. Painter, 214 Cal.App.2d 93, 29 Cal.Rptr. 121; People v. Dowding, 185 Cal.App.2d 274, 276, 8 Cal.Rptr. 208.)
On June 29, 1962, the defendant, represented by the Public Defender of Stanislaus County, was granted permission at his own request, by David F. Bush, the judge presiding, to withdraw his plea of not guilty of murder as charged in the indictment; he thereupon entered a plea of guilty to the lesser and included offense of involuntary manslaughter (Pen.Code, § 192, subd. 2), and on June 29, 1962, was sentenced to state's prison; he did not move for a new trial or appeal from the judgment. The present motion was filed on May 3, 1963, over ten months after the entry of judgment.
The court below entered the following order from which the appeal is taken:
‘The Court finds that said Defendant, while represented by competent counsel, moved to withdraw a plea of Not Guilty of the offense of Violation of Section 187 California Penal Code and thereafter entered a plea of Guilty of the offense of Violation of Section 192.2 of the California Penal Code, a lesser and included offense within the offense charged in the Indictment, on June 29, 1962, in the above-entitled Court.
‘IT IS THEREFORE ORDERED that Motion to Vacate Judgment be and hereby is denied.’
On appeal, the defendant's request for the appointment of counsel was granted, and an able and experienced attorney was named to represent him, who filed a brief.
The appeal is wholly without merit; however, the several points raised will be separately considered.
Initially, counsel for the appellant urges error in that the form of the proceedings was not as full and formal as he would desire; he points out that no counter-affidavits were filed and that the district attorney was not present at the hearing; and he draws certain inferences which appear to us to be unjustified with respect to the attention given to the moving papers in view of the form of the minute order.
In considering and ruling upon a petition for a writ of coram nobis, a trial court has a wide discretion as to the form of the hearing. It is proper for it to act entirely on affidavits, as was done in this case. (People v. Block, 134 Cal.App. 217, 218, 25 P.2d 242; People v. Perez, 9 Cal.App. 265, 266, 98 P.2d 870.)
As said in People v. Mendez, 144 Cal.App.2d 500, 504, 301 P.2d 295, 298:
‘Whether the defendant's petition was to be followed by a hearing appropriate to the issues raised was entirely within the discretion of the court below.’
Counsel draws a supposititious inference from the incorporation in the minute order of a statement that the defendant was represented by competent counsel, that the court denied the motion without considering it on its merits, and merely because the notice of motion was filed by the appellant in propria persona rather than through his attorney. This appears to us to be a wholly unjustified conclusion, which finds no reasonable support in the phraseology used. The court obviously was referring to the fact that when the defendant entered his plea of guilty to involuntary manslaughter he did so while represented and advised by a competent attorney. Such an observation obviously reinforces the conclusion of the trial judge that there was nothing for appellant to complaint about in the criminal proceedings establishing his guilt.
The trial judge, in passing on appellant's affidavit, had the right to reject those portions which he did not believe to be true, in accordance with the general rules relating to the duties of a trier of fact. (People v. Kirk, 98 Cal.App.2d 687, 692, 220 P.2d 976; People v. Ayala, 138 Cal.App.2d 243, 249, 291 P.2d 517.)
There are multiple presumptions supporting the determination of this motion by the court below. The trial judge is presumed to have carried out his duty in every respect and particular. (Code of Civ.Proc. § 1963, subd. 15.) The effect of this statutory presumption is indicated in Moreno Mutual Irrigation Co. v. Beaumont Irrigation District, 94 Cal.App.2d 766, 780, 211 P.2d 928, 937, where it is said:
‘* * * and where the record is silent as to what was done it will be presumed in favor of the judgment that what ought to have been done was not only done but rightly done.’
In re Steve, 73 Cal.App.2d 697, 700, 167 P.2d 243, 245, holds:
‘Also the presumptions that official duty has been performed and that the records of the prior trial are correct and the proceedings were regular, are applicable.’ [to coram nobis proceedings].
Not only does the presumption of the proper performance of official duty apply insofar as the court in this particular matter is concerned, but the conviction on the plea of guilty in the criminal case was presumably effected after regular and proper proceedings. (In re Steve, supra, 73 Cal.App. 697, 700, 167 P.2d 243.) The presumption also applies to the actions of the public defender in connection with his representation of the defendant. In the case of People v. Lewis, 166 Cal.App.2d 602, 605, 333 P.2d 428, 431, it is pointed out that:
‘Defendant, therefore, has the burden of overcoming the presumption in favor of the validity of the judgment by establishing through a preponderance of strong and convincing evidence [citations] that he was deprived of substantial legal rights by extrinsic causes [citations].’
(See also People v. Bible, 135 Cal.App.2d 65, 286 P.2d 524; People v. Fowler, 175 Cal.App.2d 808, 811–812, 346 P.2d 792.)
The applicant for the writ must also show that his remedy is timely sought.
‘* * * in People v. Shorts, supra, 32 Cal.2d 502, 513, 197 P.2d 330, 336, the court said that an applicant for the writ ‘* * * must show that the facts upon which he relies were not known to him and could not in the exercise of due diligence have been discovered by him at any time substantially earlier than the time of his motion for the writ; otherwise he has stated no ground for relief.’' (People v. Painter, supra, 214 Cal.App.2d 93, 29 Cal.Rptr. 121.)
(See also People v. Evans, 185 Cal.App.2d 311, 333, 8 Cal.Rptr. 410.)
In the light of the burden which applicant must bear as to allegations and proof, the court was correct in denying the motion for the writ since the motion and its supporting affidavit were fatally defective on their face. The appellant urges that he entered a plea of guilty to the charge of involuntary manslaughter because his own attorney advised it, and his brother requested him to do so. It is nowhere set out in the moving papers that the district attorney or any prosecuting official of the state had anything to do with the alleged coercion, and this is an essential factor for procuring a writ of coram nobis. (People v. Evans, supra, 185 Cal.App.2d 331, 334, 8 Cal.Rptr. 410; People v. Rodriquez, 143 Cal.App.2d 506, 508, 299 P.2d 1057.)
Furthermore, it is not alleged that any advice given by his own attorney was fraudulent or even false, and the fact, if it be a fact, that a defendant's attorney gives him poor advice is not a ground for the issuance of the writ. As is said in People v. Ayals, supra, 138 Cal.App.2d 243, 249–250, 291 P.2d 517, 521:
‘This matter of inadequate representation is not properly raised in coram nobis, People v. Martinelli, supra, 118 Cal.App.2d [94], at page 98, 257 P.2d 37; it is likewise true of specific claim of being forced or defrauded into entering a plea of guilty that it cannot be entertained unless it appears that the district attorney or other prosecuting official was a party to the same. ‘Where the defendant's attorney makes the fraudulent representation, the rule is contrary to that which prevails when the misrepresentation is made by the prosecution. Coram nobis will not issue to vacate a plea of guilty on the sole ground that it was induced by a false statement of defense counsel, even if unwarranted and wilfully false.’ 12 Cal.Jur.2d sec. 15, p. 568.'
(See also People v. Hodge, 147 Cal.App.2d 591, 305 P.2d 957; People v. Deutsch, 16 Cal.App.2d 121, 122, 60 P.2d 155; In re Steve, supra, 73 Cal.App.2d 697, 712, 167 P.2d 243.)
The petition and supporting affidavit charge as pure conclusions that the district attorney, the public defender, and the grand jury entered into a conspiracy to maintain false action against the appellant and the grand jury is said to have conducted its proceedings in such a manner as to deprive the appellant of some not clearly indicated constitutional right. Appellant's counsel on appeal admits in his brief that these allegations are ‘fantastic charges', and he concedes that even if they were true they could not be considered in their present form in a petition for a writ of error coram nobis. (People v. Ayala, supra, 138 Cal.App.2d 243, 247, 291 P.2d 517; People v. Evans, supra, 185 Cal.App.2d 331, 333, 8 Cal.Rptr. 410; People v. Larsen, 144 Cal.App.2d 504, 507, 301 P.2d 298; People v. Mendez, supra, 144 Cal.App.2d 500, 503–504, 301 P.2d 295; People v. Stonom, 139 Cal.App.2d 408, 410, 293 P.2d 807.)
Even if the statements regarding proceedings before the grand jury were not fatally defective for generality, they raise issues which are constitutional in nature and should be presented on motion for new trial, appeal or in habeas corpus proceedings (People v. Ayala, supra, 138 Cal.App.2d 243, 246–247, 291 P.2d 517; People v. Fowler, supra, 175 Cal.App.2d 808, 811, 346 P.2d 792; People v. Mendez, supra, 144 Cal.App.2d 500, 503, 301 P.2d 295). In addition to this defect, appellant is precluded from presenting his contentions in their present form as to the grand jury since irregularities in the indictment proceedings, if any, must be raised by motion upon arraignment and before trial or they are waived (Pen.Code, § 996).
Another reason which fully justifies the ruling of the trial court is that the appellant did not show that he exercised due diligence in seeking the remedy. As is said in People v. Miller, 219 Cal.App.2d 124, 32 Cal.Rptr. 660:
‘Due diligence in pursuing the remedy of coram nobis is required. In the absence of explanation, delay in application bars relief.’ In People v. Adamson, 34 Cal.2d 320,
328–329, 210 P.2d 13, 17, it is stated what an applicant must do to meet his burden of due diligence:
“In such cases it is necessary to aver not only the probative facts upon which the basic claim rests, but also the time and circumstances under which the facts were discovered, in order that the court can determine as a matter of law whether the litigant proceeded with due diligence; * * *' (People v. Shorts (1948), supra, 32 Cal.2d 502, 513, 197 P.2d 330, 337.)'
Here, the appellant failed even to attempt to meet this burden. He argues that he was forced to enter a plea of guilty, but he does not state when, or where, or under what circumstances such coercion took place. In view of the record, a delay of more than ten months could well be held to bar such application for a writ, particularly as a number of the points, express or implied, involved in the application are matters which could have been urged either on a motion for a new trial or on appeal. The writ of coram nobis cannot be used as a substitute for either. (Fricke, Cal.Crim.Proc. (5th ed. 1959) pp. 181–183.) The petitioner fails, by proper allegations or proof, to show the diligence which is requisite for a successful presentation. Such an application must also set forth that the facts upon which the defendant relies were not known to him or could not, in the exercise of due diligence, have been discovered by him prior to judgment or at least substantially earlier than the time of application. (People v. Smith, 108 Cal.App.2d 696, 239 P.2d 466; People v. Schuman, 98 Cal.App.2d 140, 219 P.2d 36; People v. Bobeda, 143 Cal.App.2d 496, 300 P.2d 97.)
As we find no merit in the appeal, the order denying the motion to vacate the judgment is affirmed.
CONLEY, Presiding Justice.
R. M. BROWN and STONE, JJ., concur.
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HOTEL 57 LLC v. HARVARD MAINTENANCE INC
HOTEL 57 LLC, doing business as Four Seasons Hotel New York, Plaintiff-Respondent, v. HARVARD MAINTENANCE, INC., Defendant-Appellant.
ANDRIAS, J.P., SULLIVAN, WILLIAMS, GONZALEZ, CATTERSON, JJ. Ryan, Brennan & Donnelly LLP, Floral Park (John O. Brennan of counsel), for appellant. Cozen O'Connor, New York (John B. Galligan of counsel), and Cozen O'Connor, Philadelphia, PA (Sean P. O'Donnell, of the Pennsylvania Bar, admitted pro hac vice, of counsel), for respondent.
Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 18, 2005, which, insofar as appealed from as limited by the briefs, denied defendant's motion for summary judgment based on spoliation of evidence, unanimously reversed, on the law, without costs, defendant's motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
In this action seeking in excess of $300,000, representing the cost of replacing 16 windows that had been recently installed as part of plaintiff hotel's renovation of its 52nd floor penthouse presidential suite, it is undisputed that defendant was hired “to perform an initial construction of the glass.” On May 20, 2002, defendant sent two window cleaners to “do an initial cleaning to remove construction dirt from the windows so that the Owner could inspect the glass for quality.” After the window cleaners had been working for a half hour, plaintiff's agent noticed scratches on all 16 windows on the north face of the penthouse, stopped work and summoned John McDermott, defendant's employee in charge of window cleaning, “to see the situation.” He and plaintiff's agent as well as representatives of the general contractor inspected the scratches on the windows. Mr. McDermott denied that his workers had scratched the windows and believed the scratches were preexisting.
It is also undisputed that thereafter, plaintiff, without any notice to defendant of its intention to do so, destroyed and replaced the windows in question some six months after the alleged scratching and 16 months prior to commencement of this action. Such intentional destruction by plaintiff of evidence critical to its subsequent suit against defendant is particularly significant where, in its determining whether to replace the windows and in dealing with its claim to its own insurer, “numerous parties (owner, architect, glass manufacturing representatives, glass consultant) viewed the glass and stated it was scratched beyond repair.”
The court's finding that defendant had the opportunity to inspect the windows both before and after the asserted damage is not fairly supported by the fact that Mr. McDermott was called to the scene after the window cleaners had been told to stop work and shown the scratched windows, and/or by plaintiff's letter two days later, advising defendant that it was “investigating the potential causes and cures for such scratches that were not there prior to the cleaning” and recommending that defendant notify its insurer “in the case that the glass may need to be replaced.”
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REYES v. DART
Mario REYES, Plaintiff–Appellant, v. Thomas J. DART, et al., Defendants–Appellees.
Before WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges. Mario Reyes, Sumner, IL, pro se. John M. Power, Chicago, IL, for Defendant–Appellee.
The plaintiff, a pretrial detainee at Cook County Jail, brought suit against the Cook County Sheriff, Thomas Dart, who oversees the jail, and two of the jail officials, claiming that the defendants had failed to protect him from an attack by other prisoners. The district judge dismissed the suit, with prejudice, in response to a motion by the defendants accusing the plaintiff of failing to prosecute his suit.
According to the complaint—the factual allegations of which have yet to be contested—the plaintiff was stabbed in the course of the attack and just before losing consciousness cried out for help but was ignored by an unidentified guard standing ten to fifteen feet from him. The plaintiff regained consciousness three days later in a hospital, having suffered in the attack nerve damage and also a fracture of an eye socket that may eventually cause blindness in that eye. He contends that thehave culpably failed to create or enforce policies necessary to protect prisoners from attacks by fellow prisoners.
After answering the complaint a lawyer for the defendants sent the plaintiff, over the course of six months in 2014, five letters, each demanding that he sign a release enclosed with the letter that would give the defendants' counsel access to “protected health information” maintained by “Cermak Health Services/Cermak Hospital/John H. Stroger Jr. Hospital.” The access sought was not limited to medical records relating to the plaintiff's injuries. The release that the lawyer wanted the plaintiff to sign would have extended to all his medical records, including records—of no apparent relevance to this case—relating to “venereal disease, sexually transmitted diseases, acquire[d] immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), or ARC [AIDS-related complex].” Nor would the records to be released be limited to a particular period; the release would embrace all of the plaintiff's medical records since his birth in 1977, nearly forty years ago. Nor would any limitations be imposed on whom the defendants could disclose the records to; they could be disclosed to persons or institutions having nothing to do with the attack on the plaintiff and the injuries and medical treatment resulting therefrom.
The letter “advised [the plaintiff] that it is entirely your decision to sign the release or not,” but continued: “However, I must advise you that failure to sign the release may be grounds for dismissal of your action in light of the fact that you are bringing claims for physical injuries. In short, should you fail to sign and return the release, I will advise the Court of this failure to do so and request that the matter be dismissed for want of prosecution. The likelihood of dismissal of your claims for that reason would be significant.”
The plaintiff (who has no lawyer) replied to the third of the five letters. He explained that he had been treated not at Stroger Hospital but at Mount Sinai Hospital, and that the attack against him had occurred back in 2011 and this should be indicated in any release that he signed. In response the defendants' lawyer added Mount Sinai Hospital to the list of hospitals that the plaintiff would be authorizing to release his records to the defendants' counsel, but refused to remove Stroger Hospital from the list “because it is a county hospital that often treats Cook County Jail inmates.” Nor would he rescind his demand for access to medical records dating from the plaintiff's birth. Instead, after the fifth letter was sent and not replied to, he moved the district court to dismiss the complaint under Fed.R.Civ.P. 41(b) (dismissal for failure to prosecute one's suit), because the plaintiff hadn't signed the release.
Without waiting for a reply from the plaintiff and without any explanation for its action, the district court issued a minute order dismissing the suit with prejudice and denying the plaintiff's motion for recruitment of counsel as moot in light of the dismissal. (The motion had been pending for two months without action by the judge.) The plaintiff moved for reconsideration of the dismissal order, but the judge denied the motion on the ground that the defendants' counsel had warned the plaintiff that counsel would move to dismiss the suit unless the plaintiff signed the release.
The judge erred. Rule 41(b) authorizes dismissal of a suit if the “plaintiff fails to prosecute [it] or to comply with these rules or a court order.” There was no failure to comply with any rule or any court order. Nor in refusing to sign the release was the plaintiff failing to prosecute his suit—he was prosecuting it in part by challenging the defendants' demand for unlimited access to and unlimited use of his medical records (albeit only such records as counsel might find in the files of the enumerated medical institutions). The demand for so comprehensive a release was improper, and the plaintiff should not have been criticized—let alone thrown out of court under inapplicable Rule 41(b)—for challenging it.
The defense counsel's dispute with the plaintiff over the latter's records was, as he failed to acknowledge, merely a discovery dispute. Counsel wanted a release that would cover all the records, and when the plaintiff refused, counsel's proper recourse would have been to file a motion to compel under Fed.R.Civ.P. 37. He might also or instead have moved for an order requiring the plaintiff to submit to a physical examination by a qualified examiner, pursuant to Fed.R.Civ.P. 35. He did neither.
A final twist is that the release form that defense counsel wanted the plaintiff to sign expressly authorizes the signer to revoke at any time his authorization to release his medical records. This would seem to have empowered the plaintiff to refuse to sign the release in the first place without being punished for that refusal by dismissal of his suit.
The dismissal, a miscarriage of justice, is vacated and the case remanded for further proceedings consistent with this opinion. The first order of business for the judge on remand should be to rule on the plaintiff's motion for recruitment of counsel. The second should be to remind the defendants' counsel that the civil rule applicable to his demand for medical records is not Rule 41(b) but Rule 37.
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Petrou v. South Carolina Ins. Co.
Witherup v. State Farm Mut. Auto. Ins. Co.
y presented insufficient evidence of a knowing rejection, there has been some evidence, beyond a mere…
Southern Farm Bur. v. Pro Lockshop
Olin's, Inc. v. Avis Rental Car Sys. of Fla., 131 So.2d 20 (Fla. 3d DCA 1961); F.R.W.P., Inc. v. Home Ins.…
Full title:SOTERES PETROU, APPELLANT, v. SOUTH CAROLINA INSURANCE COMPANY, APPELLEE
Court:District Court of Appeal of Florida, Fourth District
435 So. 2d 316 (Fla. Dist. Ct. App. 1983)
District Court of Appeal of Florida, Fourth District
In Petrou v. South Carolina Insurance Co., 435 So.2d 316 (Fla. 4th DCA 1983), this court reversed a final judgment, where a factual issue regarding whether the insured knowingly rejected uninsured motorist coverage or elected an amount less than the amount the insurer was required to make available, was tried without a jury over the insured's objection.
Summary of this case from Southern Farm Bur. v. Pro Lockshop
July 13, 1983. Rehearing Denied August 17, 1983.
Appeal from the Circuit Court for Palm Beach County, Edward A. Garrison, Acting Judge.
Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Hazouri Roth, P.A., West Palm Beach, for appellant.
Marjorie Gadarian Graham of Jones Foster, P.A., West Palm Beach, for appellee.
BERANEK, Judge.
This appeal involves a dispute between South Carolina Insurance Company and its insured over the limits of uninsured motorist coverage provided in a South Carolina policy. We affirm in part, but reverse and remand for a jury trial as to certain factual matters.
After an accident with an uninsured driver, the company asserted its UMI limits were $15,000 and the insured claimed $100,000 limits (equal to his liability coverage). The carrier filed an action to determine the limits and demanded a jury trial. The case proceeded to jury trial but a mistrial was declared during closing argument. The matter was reset for a jury trial but on the morning of trial the carrier made a motion to withdraw its demand for jury trial and stated that under Section 86.071, Florida Statutes (1981), the court had discretion whether to submit questions of fact to a jury. The insured's counsel objected to the non-jury trial and requested that the factual issues be submitted to a jury for determination. The court ruled that a bench trial without jury participation would begin that day.
The right to a jury trial is guaranteed under the Florida Constitution, Article I, Section 22. Furthermore, once a request for a jury trial is made, it cannot be withdrawn except by the consent of both parties. See Fla.R.Civ.P. 1.430(d). In this case the defendant/insured did not consent to withdrawal of the carrier's request for jury trial. On the contrary, the insured strongly opposed this last minute abandonment of the plaintiff's initial request for a jury trial. Appellee asserts there was no improper denial of a jury trial. Two main issues were presented during the proceedings. The initial question was whether there had been a material change in the insurance policy issued in 1975 or whether this policy was merely a renewal policy not requiring a new rejection or selection of UMI coverage. Under Section 627.727(1), Florida Statutes (1981), if an insured previously rejected UMI coverage or selected a lower limit, that selection will carry over to a renewal policy and a new selection is unnecessary. We conclude that the trial judge correctly decided this issue as a matter of law in the non-jury trial. The court held the policy to be a renewal policy which did not require a new selection or rejection. We affirm this finding. However, other factual questions were presented which required jury consideration. The second main issue in the case was whether a written selection form as to UMI coverage constituted a knowing waiver executed by the insured or his agent. During the trial the original rejection form was entered into evidence. The form contained the signature of the insured and some inappropriate markings in ink along with an indication as to a selection of lower UMI limits. This selection was indicated by a penciled X mark which appeared inconsistent with both the selection and the writing in ink. There was a definite factual question as to the validity of the document and as to whether the insured made the markings. Conflicting evidence and the opinion of an expert witness were submitted on this issue. The question of whether an insured has knowingly rejected uninsured motorist coverage or knowingly selected coverage in a lesser amount than that which the insurer must make available is an appropriate jury issue. Kimbrell v. Great American Insurance Co., 420 So.2d 1086 (Fla. 1982), and Lumbermen's Mutual Casualty Co. v. Beaver, 355 So.2d 441 (Fla. 4th DCA 1978).
We therefore reverse the final judgment and remand for a jury trial on the designated issue. We have considered all other points raised on appeal and find them to be without merit.
GLICKSTEIN, J., and SMITH, RUPERT J., Associate Judge, concur.
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State v. Doile
State v. Hoeck
SAME — Search Warrant — Affidavit in Support of Warrant — Good Faith Exception to Exclusionary Rule When…
State v. Ratzlaff
A review of the facts of several of our recent cases cited by the parties may be helpful for the purpose of…
Full title:STATE OF KANSAS, Appellee, v. CURTIS L. DOILE, Appellant
holding that the police did not have probable cause to search Doile's residence where they found marijuana in his car
Summary of this case from Cunningham v. Commonwealth
No. 62,217
Opinion filed March 3, 1989.
1. CRIMINAL LAW — Suppression of Evidence Motion — Determination by Trial Court Based on Substantial Evidence — Appellate Review. If the findings of the trial court on a motion to suppress evidence are based upon substantial evidence, this court on review will not substitute its view of the evidence for that of the trial court.
2. SEARCH AND SEIZURE — Plain View Discovery Does Not Constitute Search — Flashlight Aided View Through Windows of Parked Car Is Not a Search. A search implies prying into hidden places for that which is concealed, and it is not a search to observe that which is in open view. Looking into a parked car through the windows does not constitute a search, even though it is nighttime and the items can be seen only with the aid of a flashlight.
3. CRIMINAL LAW — Warrant for Arrest or Search — Probable Cause to Issue Warrant. Before a warrant for arrest or search may be issued, there must be a finding of probable cause by a neutral and detached magistrate. The complaint and supporting affidavits should supply the magistrate with sufficient factual information to support an independent judgment that probable cause to arrest exists.
4. SAME — Warrant for Arrest or Search — Determination by Issuing Magistrate. In determining whether to issue a warrant for arrest or search, a magistrate should consider the "totality of the circumstances" presented and make a practical, common-sense decision whether there is a fair probability that a crime has been committed and the defendant committed the crime, or that contraband or evidence of a crime will be found in a particular place.
5. SAME — Warrant for Arrest or Search — Determination by Issuing Magistrate — Appellate Review. On appeal, the duty of the reviewing court is simply to ensure that the magistrate issuing a warrant had a substantial basis for concluding that probable cause existed.
6. SAME — Exclusion of Evidence Obtained on an Invalid Search Warrant — Good Faith Exception. The good faith exception to the exclusion of evidence obtained on a warrant subsequently held to be invalid as stated in United States v. Leon, 468 U.S. 897, 82 L.Ed.2d 677, 104 S.Ct. 3405, reh. denied 468 U.S. 1250 (1984), is discussed.
7. SAME — Search Warrant Based on Insufficient Affidavit — Lack of Probable Cause — Suppression of Evidence Obtained on Warrant Required. Applying United States v. Leon, 468 U.S. 897, 82 L.Ed.2d 677, 104 S.Ct. 3405, reh. denied 468 U.S. 1250 (1984), the affidavit for the search warrant herein is held to contain no facts from which a determination that probable cause existed for a search of defendant's residence could be made, and its issuance is held to be the result of the judge's improper analysis of the totality of the circumstances. It was, accordingly, error for the district court to deny defendant's motion to suppress the evidence obtained on the warrant.
Appeal from Lyon district court, WILLIAM J. DICK, judge. Opinion filed March 3, 1989. Affirmed in part and reversed in part.
John J. Ambrosio, of John J. Ambrosio, Chartered, of Topeka, argued the cause, and John C. Humpage, of Topeka, was with him on the brief for appellant.
Rodney H. Symmonds, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.
The opinion of the court was delivered by
McFARLAND, J.:
Curtis L. Doile appeals his bench trial convictions of driving with a suspended license (K.S.A. 1988 Supp. 8-262), possession of drug paraphernalia (K.S.A. 65-4152), possession of tetrahydrocannabinols (K.S.A. 1988 Supp. 65-4127b[a][3] and 65-4105[d]); and two counts of possession of cocaine (K.S.A. 1988 Supp. 65-4127a). Five issues are raised on appeal. Four issues relate to the propriety of the searches and seizures herein. The final issue is a claim that the sentences imposed are excessive.
On February 6, 1987, at approximately 2:15 a.m., Officer Willie Turner and Lieutenant Rex Heinitz of the Emporia Police Department were dispatched to the Kona-Coast Club in Emporia to investigate a fight. After resolving the fight incident, the officers returned to the parking lot of the private club.
In the parking lot, Officer Turner observed Curtis Doile, defendant herein, and a woman get out of a van in the parking lot, walk to a car immediately in front of the van, open the car door, shut it, and then go inside the Kona-Coast Club. When Doile opened the car door, he bent down and appeared to be placing something in the car. Doile was known to Officer Turner and he knew the car belonged to Doile. Officer Turner discussed the matter with Lt. Heinitz and told him he wanted to make a visual observation of the car from the outside through the windows.
Officer Turner thereupon walked over to Doile's car and shined his flashlight into the interior. Turner observed what he believed to be a partially burned hand-rolled marijuana cigarette lying on the console next to the gearshift. He returned to Lt. Heinitz and discussed the matter with him. They decided to wait and watch the vehicle. They took up different observation points — Lt. Heinitz on Highway 50, directly across from the club, and Officer Turner on West 12th Avenue. About 15 minutes later, Officer Turner observed an individual leave the Kona-Coast Club, get into Doile's car, and drive out of the parking lot onto 12th Avenue. He could not recognize the individual from his vantage point. Officer Turner followed the defendant's car, turned on his vehicle's overhead rotating red lights, and stopped the car. He approached the car, observed that the driver was Curtis Doile, and asked him to get out of the vehicle. He frisked Doile for weapons and found none. He asked Doile for his driver's license and was told Doile did not have one because his license had been suspended. By this time Lt. Heinitz had arrived. Turner smelled alcohol on Doile's breath. He asked Doile if he would be willing to take some sobriety tests. Doile agreed. Following the tests, Doile was arrested, handcuffed, and put in Turner's police vehicle. Turner later testified he arrested Doile for possession of marijuana, DUI, and driving with a suspended license.
Turner returned to Doile's automobile, where he observed the hand-rolled marijuana cigarette in the same place it was when he had first seen it in the Kona-Coast Club parking lot. Turner then searched the vehicle. He discovered a mirror, with an image of a horse on it, in the glove compartment and a brown paper sack behind the front seat on the floorboards. In the paper sack was a "baggie" containing green vegetation Turner thought was marijuana. Turner then returned to his vehicle, advised Doile of his Miranda rights, and transported him to the Lyon County Jail.
At the jail, defendant placed his personal effects in a tray. One of the items placed thereon was a billfold. Inside the billfold was a straw. During the booking-in process, Doile was observed putting something in his mouth. After being told to spit out what was in his mouth, Doile refused. Police forced Doile to expel the item from his mouth. The item was a drinking straw. Officer Turner secured the straw, which contained a white substance. The straw from the billfold was missing. Both the billfold and straw were found to contain traces of cocaine.
As a result of the foregoing events, defendant was charged in case No. 87-CR-60 with: (1) driving under the influence, (2) possession of tetrahydrocannabinols, (3) possession of drug paraphernalia, (4) driving with a suspended license, and (5) possession of cocaine.
Officers then obtained a search warrant for the search of defendant's residence at 706 West Fourth Avenue in Emporia. While executing the search warrant, nineteen items were seized, including a bag of green vegetation, an inhaler bottle with some white powder in it, a green sifter, a plastic bag containing white powder, two silver-grey zipper pouches, a black plastic container, a small black pouch containing two razor blades, and a metal straw and spoon.
KBI testing obtained cocaine-positive results on the billfold, straw, and mirror (items seized at time of arrest), and the inhaler bottle, black plastic container, and green sifter (items seized at the residence). The cigarette and the bag of green vegetation taken from the car tested positive for marijuana.
Defendant was charged in case No. 87-CR-194 with possession of cocaine, possession of tetrahydrocannabinols, and possession of drug paraphernalia. These charges arose from the items seized at defendant's residence. The cases were consolidated for a bench trial. Defendant's motions to suppress all seized items were denied.
Defendant was convicted in the bench trial of the following crimes:
Case No. 87-CR-60:
1. Possession of tetrahydrocannabinols (marijuana);
2. possession of drug paraphernalia;
3. driving with a suspended license; and
4. possession of cocaine (a class B felony due to a previous conviction).
Case No. 87-CR-194:
All sentences herein run concurrent with each other. The controlling term is not less than 10 years nor more than 30 years (the sentence received on each of the two cocaine convictions).
Case No. 87-CR-60
We turn now to the issues. The first two issues arise from case No. 87-CR-60 and involve the search and seizure of items from defendant's automobile and his person. For his first point, defendant contends the shining of the flashlight by the police officer into defendant's car while it was parked in the Kona-Coast Club's parking lot was an unreasonable search not justified by exceptions to the Fourth Amendment to the United States Constitution.
Defendant contends that the parking lot of the Kona-Coast Club was a private area and the officer had no lawful right to shine his flashlight into defendant's automobile. The officer did not open a car door, physically intrude into the vehicle, or remove anything from the vehicle while it was in the parking lot. The officer's curiosity was aroused when he saw Doile put something into the car, and the officer walked over and flashed his light into the vehicle. There he saw what he believed was a marijuana cigarette on the vehicle's console.
Was this a search? We believe not. The officers were in the parking lot on official business — to quell a fight reported in the club. The parking lot was open to those with business in the club. Doile and the officers were in that category. This is not the same situation as looking into a vehicle parked in the owner's garage. It is difficult to see what expectation of privacy for his vehicle Doile could have in these circumstances.
Defendant argues the officer's actions constituted a search and would be justified only if the plain view doctrine or Ross exception applied.
It is well established that under certain circumstances the police may seize evidence in plain view. In Coolidge v. New Hampshire, 403 U.S. 443, 467-71, 29 L.Ed.2d 564, 91 S.Ct. 2022, reh. denied 404 U.S. 874 (1971), the United States Supreme Court set out the circumstances in which plain view has legal significance. The test is threefold: (1) The initial intrusion which afforded the authorities the plain view was lawful by virtue of a warrant (search or arrest), waiver, or exigent circumstances; (2) the discovery of the evidence was inadvertent; and (3) the authorities immediately had reasonable or probable cause to believe the evidence observed in plain view was incriminating in nature.
In State v. Galloway, 232 Kan. 87, 652 P.2d 673 (1982), we adopted the "plain view" exception to the Fourth Amendment as enunciated in Coolidge v. New Hampshire, 403 U.S. 443.
In United States v. Ross, 456 U.S. 798, 72 L.Ed.2d 572, 102 S.Ct. 2157 (1982), the United States Supreme Court held that police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within may conduct a warrantless search of the vehicle, including compartments and containers within the vehicle whose contents are not in plain view.
However, the use of a flashlight by a police officer lawfully on the premises to view the interior of an automobile does not by itself raise the activity to the level of a search.
In Texas v. Brown, 460 U.S. 730, 75 L.Ed.2d 502, 103 S.Ct. 1535 (1983), a "plain view" case, a police officer, assisting at a routine nighttime driver's license checkpoint in Fort Worth, Texas, asked a driver for his driver's license. At the same time, the officer shined his flashlight into the car and saw the driver drop a knotted balloon onto the seat beside his leg. When the driver opened the glove compartment to get his license, the officer noticed several plastic vials, quantities of white powder, and an open bag of party balloons. On appeal, the United States Supreme Court upheld the use of the flashlight, stating:
"It is likewise beyond dispute that Maples' action in shining his flashlight to illuminate the interior of Brown's car trenched upon no right secured to the latter by the Fourth Amendment. The Court said in United States v. Lee, 274 U.S. 559, 563 (1927): `[The] use of a searchlight is comparable to the use of a marine glass or a field glass. It is not prohibited by the Constitution' Numerous other courts have agreed that the use of artificial means to illuminate a darkened area simply does not constitute a search, and thus triggers no Fourth Amendment protection." 460 U.S. at 739-40.
See Annot., 89 L.Ed.2d 939.
In State v. Blood, 190 Kan. 812, 378 P.2d 548 (1963), suspects in a case involving the theft of blank checks and the contents of the cash register from a service station were asked to return to the crime scene in their automobile. Returning to the service station, they parked partially on the shoulder of the highway leading to the service station. A state trooper dispatched to the scene looked into the parked automobile with a flashlight and saw several credit cards and a green metal box inside. Both occupants of the car denied knowledge of the items. They were thereafter arrested. Blood's counsel moved to suppress the evidence and was overruled. On appeal, we affirmed. Justice Schroeder, writing for a unanimous court, reasoned:
"It has been held that the eye cannot commit a trespass condemned by the Fourth Amendment. (See, McDonald v. United States [1948], 335 U.S. 451, 93 L.Ed. 153, 69 S.Ct. 191.) Observation of that which is in plain view is not a search. ( State v. Campbell [Mo. 1953], 262 S.W.2d 5; State v. Hawkins [1951], 362 Mo. 152, 240 S.W.2d 688; and State v. Harre [Mo. 1955], 280 S.W.2d 41.)" 190 Kan. at 819.
In State v. McMillin, 206 Kan. 3, 476 P.2d 612 (1970), we said:
"A search implies prying into hidden places for that which is concealed and it is not a search to observe that which is in open view. Looking into a parked car through the windows does not constitute a search, even though it is nighttime and the items can be seen only with the aid of a flashlight [Citation omitted.]." 206 Kan. at 7-8.
We find no basis for holding the district court erred or abused its discretion relative to the officer looking through the vehicle's window while it was parked in the parking lot.
The next point relative to case No. 87-CR-60 is whether the district court erred in not holding the stop, search, and seizure of items from defendant's vehicle were impermissible.
The appellate standard of review is clear. If the findings of the trial court on a motion to suppress evidence are based upon substantial evidence, this court in review will not substitute its view of the evidence for that of the trial court. State v. Chiles, 226 Kan. 140, 144, 595 P.2d 1130 (1979); State v. Kirby, 12 Kan. App. 2d 346, Syl. ¶ 5, 744 P.2d 146 (1987), aff'd 242 Kan. 803, 751 P.2d 1041 (1988).
K.S.A. 22-2402(1) provides:
"Without making an arrest, a law enforcement officer may stop any person in a public place whom he reasonably suspects is committing, has committed or is about to commit a crime and may demand of him his name, address and an explanation of his actions."
The officer making the stop must be able to articulate the basis for his reasonable suspicions. See Brown v. Texas, 443 U.S. 47, 51, 61 L.Ed.2d 357, 99 S.Ct. 2637 (1979), and Delaware v. Prouse, 440 U.S. 648, 59 L.Ed.2d 660, 99 S.Ct. 1391 (1979). What is reasonable is based on the totality of the circumstances and is viewed in terms as understood by those versed in the field of law enforcement. United States v. Cortez, 449 U.S. 411, 417-18, 66 L.Ed.2d 621, 101 S.Ct. 690 (1981).
A few minutes prior to the stop, the officer had observed what he believed was a marijuana cigarette on the vehicle's console. Defendant was the only person to enter the vehicle thereafter. When defendant drove away the officer had probable cause to believe contraband was in the vehicle in defendant's possession. He stopped the car. He asked defendant for his driver's license and was told the license had been suspended. Based on his observations of defendant, he believed defendant was driving under the influence of alcohol. Defendant told the officer he had consumed a few drinks that evening. Defendant failed the field sobriety tests administered. Defendant was at that point arrested and placed in the patrol car. The officer returned to defendant's automobile and saw the marijuana cigarette still in place on the console. The vehicle was searched and what was believed to be contraband was found in the glove compartment and on the floor of the back seat. Additional contraband was found on defendant's person when he was booked into jail.
Defendant's position is that the initial flashlight observation at the parking lot was improper and could not serve as probable cause for stopping the vehicle. We have previously concluded that the observation of the contraband in the parking lot was not impermissible. Therefore, the officer had probable cause to stop the vehicle. Defendant does not contend the subsequent searches and seizures from the vehicle and defendant's person were improper on any other grounds. We find no error or abuse of discretion in the trial court's refusal to suppress the items seized from defendant's automobile and his person.
Case No. 87-CR-194
We turn now to the search and seizures issues arising from case No. 87-CR-194. Defendant first argues that the affidavit filed to obtain the search warrant for his residence was insufficient to support a finding of probable cause.
In State v. Abu-Isba, 235 Kan. 851, 685 P.2d 856 (1984), we adopted the "totality of the circumstances" approach set forth in Illinois v. Gates, 462 U.S. 213, 76 L.Ed.2d 527, 103 S.Ct. 2317, reh. denied 463 U.S. 1237 (1983), relative to the issuance of search warrants, wherein we held:
"Before a warrant for arrest or search may be issued, there must be a finding of probable cause by a neutral and detached magistrate. The complaint and supporting affidavits should supply the magistrate with sufficient factual information to support an independent judgment that probable cause to arrest exists." Syl. ¶ 1.
"In determining whether to issue a warrant for arrest or search a magistrate should consider the `totality of the circumstances' presented and make a practical, common-sense decision whether there is a fair probability that a crime has been committed and the defendant committed the crime, or that contraband or evidence of a crime will be found in a particular place." Syl. ¶ 2.
"On appeal, the duty of the reviewing court is simply to ensure that the magistrate had a substantial basis for concluding that probable cause existed." Syl. ¶ 3.
The affidavit set forth the viewing of the marijuana cigarette in defendant's automobile in the parking lot, and the events of the stopping of the vehicle and the seizure of the mirror, the partially burned marijuana cigarette, and a baggie of marijuana. It further recited the seizure of the straw in which white powder residue was discovered. The affidavit further stated defendant had been convicted of selling cocaine in 1983, the sales having occurred in 1982. Based on this information, the officers sought a search warrant of defendant's residence.
In State v. Morgan, 222 Kan. 149, 153, 563 P.2d 1056 (1977), we said:
"Evidence of a single isolated drug sale may not give probable cause to believe drugs are present at a particular location; however, where an affidavit gives evidence of activity indicating protracted or continuous conduct at a particular location and that evidence provides a reasonable basis to infer drugs are still present, probable cause may exist."
Defendant had a straw containing traces of a white powder, which he tried to dispose of after arrest. He had a partially burned marijuana cigarette, a mirror, and a baggie of marijuana in his car. Almost five years previously, he had sold cocaine. No facts were alleged indicating any current drug-related activity was occurring at the residence. Do these facts warrant a finding of probable cause to believe defendant's residence contained marijuana, drug paraphernalia, and cocaine? We believe not.
Having concluded that no probable cause existed for the issuance of the search warrant, we come to the question of whether the cocaine seized at the residence should have been suppressed (other items seized are not involved in this appeal). For this determination we must consider United States v. Leon, 468 U.S. 897, 82 L.Ed.2d 677, 104 S.Ct. 3405, reh. denied 468 U.S. 1250 (1984).
In Leon the court traces the history and purpose of the exclusionary rule. Highly summarized, the exclusion of evidence which the police have unlawfully obtained is a penalty aimed at the police and is imposed to deter future wrongful conduct. A strong theme running throughout Leon is that evidence seized under a search warrant subsequently held to be invalid is not to be suppressed absent some chicanery or wrongdoing by the police. Leon refers to this as the good faith exception to the exclusionary rule. This is somewhat of a misnomer, as the opinion makes it clear that such evidence is not to be excluded unless bad faith is shown. As Leon states: "We . . . conclude that suppression of evidence obtained pursuant to a warrant should be ordered only on a case-by-case basis and only in those unusual cases in which exclusion will further the purposes of the exclusionary rule." 468 U.S. at 918.
Hence, Leon states that the evidence so seized is not to be excluded unless it is shown: (1) that the judge or magistrate who issued the warrant was deliberately misled by false information; (2) that the judge or magistrate wholly abandoned his or her neutral and detached role; (3) that the warrant was so lacking in specificity that the officers could not determine the place to be searched or the things to be seized; or (4) that there was so little indicia of probable cause contained in the warrant that it was entirely unreasonable for an officer to believe the warrant valid. United States v. Leon, 468 U.S. at 923.
None of the exceptions so stated are applicable herein. The affidavit contained no false or misleading statements. No pertinent information was withheld from the affidavit. There is no evidence the issuing judge "wholly abandoned his . . . neutral and detached role." The warrant was not lacking in specificity. There are no circumstances where it was unreasonable for the officer executing the warrant not to override the determination of probable cause found by the issuing district judge and refuse to execute the warrant. There simply is no bad faith or wrongdoing shown in the issuance or execution of the warrant. Normally, this determination would end the inquiry. However, Leon makes it clear that:
"reviewing courts will not defer to a warrant based on an affidavit that does not `provide the magistrate with a substantial basis for determining the existence of probable cause.' Illinois v. Gates, 462 U.S., at 239. `Sufficient information must be presented to the magistrate to allow that official to determine probable cause; his action cannot be a mere ratification of the bare conclusions of others.' Ibid. See Aguilar v. Texas, [ 378 U.S. 108] at 114-115; Giordenello v. United States, 357 U.S. 480 (1958); Nathanson v. United States, 290 U.S. 41 (1933). Even if the warrant application was supported by more than a `bare bones' affidavit, a reviewing court may properly conclude that, notwithstanding the deference that magistrates deserve, the warrant was invalid because the magistrate's probable-cause determination reflected an improper analysis of the totality of the circumstances, Illinois v. Gates, supra, at 238-239, or because the form of the warrant was improper in some respect." 468 U.S. at 915.
The affidavit herein does not contain any factual allegations from which the judge could have found there was probable cause to believe contraband was in the residence. There was no allegation of any drug-related activity at the residence except for the sales almost five years earlier. There was nothing about the items seized from the vehicle or person from which one could conclude they were part of a stash at the residence. The judge must have concluded that finding the small amount of drugs on the defendant's person and in his auto was probable cause to search his residence simply because of the old conviction. This is an "improper analysis of the totality of the circumstances" within the purview of Leon, and we, as a reviewing court, need not defer to the issuing judge's determination. We should, perhaps, note that the judge issuing the warrant was the same judge who denied the suppression motion, so this is the first "outside" review of the matter.
We conclude that, under the totality of the circumstances, the trial court erred in refusing to suppress the cocaine seized at the residence. The defendant's conviction for possession of cocaine in case No. 87-CR-194 must be reversed.
For his final issue, defendant contends the trial court erred in denying his motion to modify the sentences imposed herein. The controlling term is 10 to 30 years. The reversal of the cocaine conviction in case No. 87-CR-194 does not reduce the figure, as like terms were imposed on both cocaine convictions and all sentences were run concurrently.
The sentences imposed were within the statutory limits for the offenses. Defendant does not contend the trial court failed to consider and apply the sentencing criteria set forth in K.S.A. 21-4606. Defendant argues that his prior criminal record and his current convictions were such that a lesser sentence was warranted.
The penalty for a second conviction of possession of cocaine under K.S.A. 1988 Supp. 65-4127a is that of a class B felony — a minimum of 5 to 15 years and a maximum of 20 years to life. Defendant received a sentence of 10 to 30 years. A sentence imposed by a trial court will not be disturbed on the ground it is excessive, provided it is within the limits prescribed by law and within the realm of discretion on the part of the trial court, and the sentence is not the result of partiality, prejudice, oppression, or corrupt motive. State v. McGlothlin, 242 Kan. 437, 438, 747 P.2d 1335 (1988); State v. Jennings, 240 Kan. 377, Syl. ¶ 2, 729 P.2d 454 (1986); State v. Van Cleave, 239 Kan. 117, Syl. ¶ 5, 716 P.2d 580 (1986). There is no allegation of partiality, prejudice, oppression, or corrupt motive. We find no abuse of discretion in the sentences imposed.
The convictions in case No. 87-CR-60 are affirmed. The conviction in case No. 87-CR-194 is reversed.
LOCKETT, J., concurring:
The majority correctly states that under United States v. Leon, 468 U.S. 897, 82 L.Ed.2d 677, 104 S. Ct 3405, reh. denied 468 U.S. 1250 (1984), evidence seized pursuant to a search warrant may not be excluded unless it is shown that: (1) The judge or magistrate who issued the warrant was deliberately misled by false information; (2) the judge or magistrate wholly abandoned his or her neutral and detached role; (3) the warrant was so lacking in specificity that the officers could not determine the place to be searched or the things to be seized; or (4) there was so little indicia of probable cause contained in the warrant it was entirely unreasonable for an officer to believe the warrant valid. I concur with the majority's finding that no probable cause existed for the issuance of the search warrant and that the evidence seized in the residence should have been suppressed. Because I cannot agree with the majority's conclusion that "[n]one of the exceptions so stated [in Leon] are applicable herein," I cannot join the majority's creation of the "bare bones" affidavit exception.
Here, the evidence seized should be excluded for two reasons stated in Leon. First, the officers knew that the facts supporting probable cause for searching the residence referred to acts which occurred five years earlier. Any reasonable officer would realize that a seizure of drugs in a residence five years prior to the alleged crime would not support probable cause to believe that drugs would now be found in that residence. Therefore, since the warrant was lacking in indicia of probable cause, it was unreasonable for the officers to have believed that the warrant was valid.
Second, and more importantly, the evidence could have been excluded due to the fact that the magistrate wholly abandoned his neutral and detached role. The majority has misconceived the magistrate's role in determining if the affidavit contains sufficient information for probable cause to issue the search warrant under Leon. The majority implies that a magistrate only abandons his or her neutral and detached role when the magistrate acts in bad faith, for example, by actively assisting the officers in establishing probable cause to issue the warrant or in executing the search warrant. This reasoning ignores the Supreme Court's requirement in Leon that the magistrate reviewing the application for a search warrant conscientiously exercise judicial reasoning when determining if there is probable cause to issue the warrant.
As early as 1933, the United States Supreme Court stated that the Fourth Amendment prohibits a magistrate from issuing a warrant to search a private dwelling unless the magistrate could find probable cause from the facts and circumstances stated in the affidavit for the search warrant. Nathanson v. United States, 290 U.S. 41, 78 L.Ed. 159, 54 S.Ct. 11 (1933). Sufficient information must be presented to the magistrate to allow that official to determine probable cause; his or her action cannot be a mere ratification of the bare conclusions of others. In order to ensure that such an abdication of the magistrate's duty does not occur, courts must continue to conscientiously review the sufficiency of the affidavit on which warrants are issued. Illinois v. Gates, 462 U.S. 213, 76 L.Ed.2d 527, 103 S.Ct. 2317, reh. denied 463 U.S. 1237 (1983).
Here, when examining the application and the affidavit for the search warrant, the judge abdicated his duty by failing to conscientiously exercise judicial reasoning and merely ratified the conclusion of the officers that there was probable cause to issue the search warrant. Since the judge wholly abandoned his neutral and detached role, the evidence seized at the residence must be suppressed under Leon. The Fourth Amendment protects us not only from judges and law enforcement officers who act in bad faith, but also from those who are unaware of the protections contained in that amendment.
HOLMES and ALLEGRUCCI, JJ., join in the foregoing concurring opinion.
In Doile, the affidavit explained that the appellant was arrested at his vehicle outside of a club, in possession of a partially burned marijuana cigarette, a mirror, a baggie of marijuana, and a straw in which white powder residue was discovered, and that he had been convicted of selling cocaine five years earlier.
Summary of this case from United States v. Garcia
In Doile there were two searches — a warrantless search of defendant's automobile and a later search of defendant's residence under the auspices of a search warrant.
Summary of this case from State v. Gilbert
In State v. Doile, 244 Kan. 493, 503, 769 P.2d 666 (1989), this court reversed Doile's conviction of possession of cocaine on the ground that cocaine seized from his residence pursuant to a warrant should have been suppressed.
Summary of this case from State v. Ratzlaff
In Doile, there was absolutely no evidence establishing a nexus between the defendant's criminal activity and his residence which was ultimately searched based upon the warrant.
Summary of this case from State v. Malm
In State v. Doile, 244 Kan. 493, 495, 769 P.2d 666 (1989), the defendant was arrested by the police in his automobile under suspicion that he was carrying drugs and driving while intoxicated.
In State v. Doile (Kan. 1989) 769 P.2d 666, the police looked into the window of the defendant's car while it was parked outside a nightclub, and observed what appeared to be a partially burned marijuana cigarette.
Summary of this case from People v. Pressey
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Terms of the Eligibility Fresh Start
Commencement Honors
Academic Retention Standards
Academic Suspensions
Change of Program (Major)
Change of Registration (Drop/Add)
Co-op Credit
Appeal of a Grade
Graduation Residency Requirements
Collegiate High
Chattanooga State Dual Credit for High School Students
Tennessee College of Applied Technology (TCAT) Early College Program
TCAT - Dual Credit for High School Students
Privacy Rights of Students
Undecided Majors
Any exceptions to the following Academic Regulations must have the Vice President for Academic Affairs approval.
The College's course offerings and requirements are analyzed, scrutinized and revised for currency and quality. This catalog shows the offerings and requirements in effect at the time of publication. They may be changed or revoked. Adequate and reasonable notice will be given to students affected by any substantive changes.
This catalog is not intended to state contractual terms and does not constitute a contract between the student and the institution.
The institution reserves the right to make changes as required in course offerings, curricula, academic policies and other rules and regulations affecting students to be effective whenever determined by the institution. These changes will govern current and formerly enrolled students. Enrollment of all students is subject to these conditions.
"Academic Fresh Start" is a plan of academic forgiveness provided for undergraduate students who have demonstrated academic responsibility following their return. The Academic Fresh Start allows the calculation of the quality point average and credit hours toward graduation to be based on previously passed and courses completed after returning to the college.
Have not attended any college or Tennessee College for Applied Technology for a minimum of four (4) years.
Be readmitted as degree‐seeking student to Chattanooga State.
Upon readmission to college, meet with an advisor to complete the form and return the completed form to the Enrollment Services Center.
Terms of the Academic Fresh Start
Academic Fresh Start is granted only once and is irrevocable.
The student's permanent record will remain a record of all work; however, all courses taken and previously failed will be excluded from the calculation of the QPA/GPA.
Courses with a D grade will also be excluded from the calculation when a grade of C or better is required in the student's current major.
Courses with D or F grades must be repeated at the institution when they are required in the student's current major.
Previously satisfied Learning Support requirements are not forfeited. Students who did not complete their Learning Support requirements during their previous enrollment must meet current requirements.
The student's transcript will note the Academic Fresh Start, GPA, and credit totals and will be based on work beginning with the semester the Fresh Start begins.
A student planning to transfer to a non‐TBR institution should contact that institution to see what impact Academic Fresh Start will have before submitting the request.
This policy is independent of financial aid regulations.
The current major will be considered the major the student has currently selected when the Fresh Start is formally applied. Courses excluded from the calculation will not be reviewed or reconsidered should the student change majors following the application of the Fresh Start.
Academic Fresh Start does not apply to any credential already awarded.
For more information, contact the Office of Academic Affairs.
All honors recognition at commencement is based on the college-level GPA and all work completed at the end of the fall term before the commencement exercise.
Chattanooga State recognizes exceptional degree seeking students by granting honors at commencement as follows:
Cum laude 3.900 - 4.000 GPA
3.700 - 3.899 GPA
Honors recognition at commencement is based on the college-level work completed through the fall semester preceding commencement. Honor status or higher honor status achieved after the final semester of study will be reflected on the diploma. Participation in no way confirms completion of requirements or official graduation.
Students completing 12 or more hours of college level work with a GPA of 3.50 or higher will make the Dean's List for that semester. (Dean's List recognition is based on calculations at the end of the semester and cannot be updated later to reflect grade changes, such as removal of incompletes.)
The Early College Program allows qualified high school students to take college courses for which they receive both college and high school credit simultaneously. Courses are offered on the high school campuses, on Chattanooga State campuses, and online. All courses are taught by credentialed Chattanooga State instructors. For more information regarding Early College to the Early College website.
A prospective Early College student must:
be a high school student
complete the Early College admissions process
have parent, counselor, and principal permission
have attained a minimum subscore on a college entrance exam as described below:
For Humanities and Social/Behavioral Science courses
ACT/PLAN English score of 18
ACT/PLAN Reading score of 19
SAT Writing score of 450
Compass Reading/Writing scores at college-ready level
(ENGL1010/1020 open to seniors only)
For Math & Engineering courses
ACT/PLAN Math score of 19 (21 for MATH 1720, 25 for MATH 1910)
SAT Math score of 460 for MATH 1720, 570 for MATH 1910
Compass Math and Reading scores at college-ready level
For Science courses
ACT/PLAN Science score of 19
ACT/PLAN English score 18
Compass Math and Reading/Writing scores at college-ready level
Collegiate High - (Hamilton County Collegiate High at Chattanooga State) - Collegiate High, grades 9-12, is a dual-enrollment high school and is located on the Chattanooga State main campus. The school is a collaboration between Chattanooga State and the Hamilton County Department of Education. Upon acceptance, students take college courses and receive high school and college credit simultaneously. Students enroll as full-time Chattanooga State and Hamilton County students. All classes are housed on a Chattanooga State campus (main campus or satellite campus). Collegiate High students have the opportunity to graduate with a high school diploma and an Associate Degree.
Each Collegiate High student will have a unique schedule of courses that meets high school state graduation requirements. College level courses are taught by Chattanooga State professors. English I, II, III, and Algebra I, II, and Geometry are taught at Chattanooga State by certified Hamilton County teachers. The application process includes:
Completion of 8th, 9th, 10, or 11th grade;
For grades 10 and 11, students must have an ACT composite score of 19 and for grade 9, students must have a composite score of 19 on the EXPLORE or have the option to take a national or residual ACT;
If a student does not score college ready (score of 19) in a subgroup, additional testing may be required;
Two recommendations from principal/counselor and a teacher along with supporting documents;
An interview with Collegiate High Principal; and
Chattanooga State acceptance.
Students must complete a Credit for College application and score a minimum of 70% on the relevant End of Course assessment while in high school. Course credit will be awarded upon being officially admitted and enrolled at Chattanooga State Community College. The college course, credit hours and a grade of "Pass" will be shown on the Chattanooga State transcript. The grade will carry no quality points and will not count in the calculation of the grade point average. Transfer of this dual credit to other institutions is at the discretion of the receiving
institutions. Credit must be applied for and issued within two (2) years of high school graduation; once credit is issued the students will retain credit.
The Tennessee College of Applied Technology (TCAT) (TCAT) offers dual enrollment opportunities for select high school juniors and seniors on a space-available basis. Students will earn clock-hours toward a TCAT diploma or certificate. Dual enrollment students may apply to receive funds from the Tennessee Dual Enrollment Lottery Grant. Once high school graduation is complete, students may continue their enrollment in the TCAT program and access the Wilder-Naifeh Technical Skills Grant.
Student submits Technology Center Diploma and Application for Articulated Credit to Dean of the Tennessee College of Applied Technology (TCAT). The dean will award warranted credit and submit to Associate Vice President for Academic Affairs for approval. Upon approval, application information will be entered in a database for escrow and accountability which the dean maintains then will be forwarded to the Records Department for assigning credit on Banner. The credit will be assigned an AP grade and will not count towards GPA calculation. Credit must be applied for and issued within two (2) years of TCAT graduation; once credit is issued the students will retain credit.
The Global Scholars Program is Chattanooga State's Academic Honors Program and is open to qualified students in any major. With a guiding principle of Challenge Yourself. Change the World., its purpose is to give students the opportunity to gain a global perspective and awareness through a deeper and more connected, contextualized college experience. The honors faculty at Chattanooga State strives to unlock student's personal strengths so they can leverage these strengths with their desire to make a difference in the world.
As Chattanooga State Global Scholars, students prepare to transfer to top-tier universities and/or enter the highly competitive job market. Class sizes are small, which allows for in-depth discussion with professors and other honors students who share a passion for learning. With the opportunity to study abroad, the GSP encourages students not only to explore the world, but to understand their place in it.
The Global Scholars Program is open to students who meet at least one of the following minimum criteria:
ACT composite score of 25*
SAT score of 1130
High school GPA of 3.50
GPA of 3.50 or higher based on a minimum of 12 hours of college level courses
*Candidates must meet all college-readiness benchmarks in math, reading, and writing.
Students must maintain a minimum cumulative college GPA of 3.25 to maintain good standing in the Global Scholars Program. This requirement will be based solely on grades earned at Chattanooga State, will apply to all students admitted to the program, and cannot be waived.
In order to graduate with recognition as a Global Scholar, students must be continuously enrolled for at least 12 credit hours each term and must also accumulate 15 honors credit hours.
Upon written recommendation of a dean, a student may be admitted into the GSP, notwithstanding the testing/GPA requirements above. International and out-of-state students may be eligible for in-state tuition.
Phi Theta Kappa is the international two-year college honor society to recognize outstanding academic achievement and provide opportunities for developing leadership, service, fellowship and continued academic excellence.
All full-time and part-time degree students who have completed 12 college-level credit hours with a cumulative GPA of 3.50 are eligible for membership. Invitations are sent to eligible students each fall and spring semester. Members pay a one-time fee and must maintain a college level GPA of 3.25 or higher to remain in good standing. Graduating members may purchase a Phi Theta Kappa stole to wear at commencement.
Members of Alpha Beta Mu, the college chapter of Phi Theta Kappa, work with members of the Honors Program as a part of Chattanooga State's Scholars on the River. Together the students participate in enrichment activities as well as college and community service.
The National Technical Honor Society recognized outstanding student achievement in career and technical education. All students who have earned and maintain a GPA of 90% or greater are eligible for membership. Prospective members must be nominated by an instructor; attendance must be at 91% and have no disciplinary actions. Invitations are made in the fall and spring semesters. Members must pay a one-time induction fee.
Who's Who Among Students In American Junior Colleges
Full-time students with 30 college-level completed hours and a GPA of 3.30 or higher may apply for Who's Who. Applicants are screened by a committee and reviewed by faculty members before the final selection is made.
Definition: The total semester hours of credit for all courses taken during the semester. Also referred to as "credit load," "course load," or "class load."
Recommended credit load: 15-18 hours.
Minimum credit load: 12 hours.
Maximum credit load: 19 hours.
Overload: 20-22 hours. Enrollment in more than 19 credit hours must be approved in advance by the Vice President for Academic Affairs. A student requesting an overload should have a cumulative 3.00 or higher GPA. The maximum number of hours permitted is 22.
A student who carries an academic load of less than 12 hours is considered part-time.
A full-time load for a Tennessee College of Applied Technology (TCAT) student is 30 or more clock hours per week. For immunization requirement purposes only, 357 or more clock hours per term will determine documentation requirement.
Tennessee College of Applied Technology (TCAT) enrollments are limited to enrollment in one program per term.
Tennessee College of Applied Technology (TCAT) students who wish to take credit courses while enrolled in a Tennessee College of Applied Technology (TCAT) program may do so subject to the following restrictions:
Requests for concurrent registration must be submitted before registration in either division takes place.
All course prerequisites, including any mandatory testing, must be met and appropriate course fees paid.
When concurrent registration has been approved, schedule change cannot be made without TCAT and Academic Affairs approval and cannot be made via self-service.
Credit Load Limitations: Six (6) credit hours per semester if the student is enrolled in a Tennessee College of Applied Technology program on a full-time basis; three (3) credit hours per semester if part-time.
Academic standing is based on the student's grade point average and is posted at the end of each term. The standing designation becomes part of the permanent record and does not change even if the GPA changes due to repeated courses or grade changes.
The minimum college-level GPA required to receive a degree is 2.0. To be enrolled in good standing, a student must earn the minimum cumulative combined GPA below for the total number of semester credit hours attempted.
*Semester Quality Hours Attempted
Required Cumulative GPA
48.1-above
*Quality hours attempted are shown on the transcript under GPA-Hrs.
Note: The following grades are shown under Attempted Hours on the online unofficial transcript but are not used in calculating GPA for probation/suspension purposes: W (withdrawal), S (satisfactory), N (no credit), and AU (audit).
Any student who fails to attain the progression standards listed will be placed on academic probation for the next enrolled semester.
Any student on academic probation who fails to attain either the cumulative standard or a 2.0 GPA for the current semester will be suspended for the next semester. The summer semester cannot be counted as the semester of suspension, nor can a suspended student enroll in summer school.
A student who re-enrolls at Chattanooga State after an academic suspension will be placed on post-suspension probation. If the student earns:
The cumulative standard, he/she will be in good standing.
A 2.0 for that semester but is still below the cumulative standard, he/she will remain on probation.
Less than a 2.0 GPA for that semester and is still below the cumulative standard, he/she will be placed on a twelve month suspension.
Students on post-suspension probation cannot register for the next term until grade processing is complete.
Note: Transfer students who enter on probation (or academic suspension via the appeal process) must make a 2.00 GPA during the first term of enrollment or will be suspended for one year. Students who enter on appeal must meet all other conditions of the appeal as well.
A student may appeal his/her academic suspension. Suspension appeal forms, which include the procedures for an appeal, are available in the Career Services and Counseling Center. Appeal hearings are usually held the first day of registration each semester. Students should ask about suspension appeals as early as possible.
If an appeal is granted, the student will be eligible to enroll that semester in post-suspension probation status and must meet the conditions set by the appeals committee. If the conditions are not met, the student will be suspended for twelve months. Students may not appeal during this twelve-month suspension.
Students enrolled in a post suspension probation status will not be allowed to pre-register for the next term. Grades will be reviewed during end of term processing and registration eligibility will be determined at that time.
Tennessee College of Applied Technology (TCAT)
The Tennessee College of Applied Technology (TCAT) academic retention policy can be found in the "Tennessee College of Applied Technology (TCAT) Programs" section of this catalog.
Change of Registration and Drop/Add
Submit a Registration and Drop/Add form to Enrollment Services or off campus site for processes not available online. Audit registration and changes to Audit Status can begin on the first day of the respective part of term and cannot be done after the last day to withdraw from that term. The Registration and Drop/Add form cannot be used to completely withdraw from school (see Withdrawal from College).
To repeat a course you have previously completed with a B or better, unless the class is listed as repeatable, secure your permission from Coordinator of Academic Integrity before submitting signed paperwork to Enrollment Services.
The academic calendar is published each semester indicates the deadlines for making various registration changes. The following policies apply:
Students can drop/add online according to the term calendar.
A grade of 'W' shall be recorded for course(s) dropped prior to the Drop Deadline, which is not later than two-thirds into the semester.
Exceptions to drop deadline are approved by the Vice President for Academic Affairs under extenuating circumstances only.
A grade of 'W' shall be recorded for Tennessee College of Applied Technology (TCAT) courses dropped at any point in the semester.
If a student stops attending class and does not officially withdraw, he/she will receive a failing grade (F) for that course. The unofficial withdrawal may be reported to determine benefits.
For consideration of full refund, drop must be prior to first day of the term. See Bursar's online refund policies and refund calendar.
Change of Record - Address, Phone, SSN change
It is the student's obligation to notify the Enrollment Services Office of any change in name, social security number, or address. The student's mailing address will be updated when student mail is returned with a U.S. Postal Service forwarding address. Name and/or social security changes require documentation. Failure to do so can cause serious delay in handling student records and in notification of emergencies at home.
Any major change requires that all admissions requirements be completed before future registration. Change of Program forms must be submitted to the respective Academic Division.
Students are obligated for all the work that may be assigned and for regular class attendance. Absences, excused or unexcused, do not absolve him/her of this responsibility.
The instructor sets the attendance requirements for a class. At the beginning of the term, the instructor will distribute the class attendance policy, including an explanation of any grade penalties that result from failure to comply with the policy. An unsatisfactory attendance record may negatively affect the final grade as well as enrollment verification. It is each student's responsibility to know the attendance policy in each of his/her classes. Please note: non-attendance will not result in an automatic drop/withdrawal from course(s) and can result in grades which negatively affect the student's academic record.
Students who are members of school sanctioned organizations will not incur grade penalties for classes not attended or class assignments/exams missed while representing Chattanooga State at scheduled events. At the beginning of each semester, the student must present a letter of organizational membership and a tentative activity schedule that has been developed and signed by the organization sponsor. It is also the student's responsibility to notify the teacher in advance of any class he/she will miss. The student must complete missed assigned work/exams. Scheduled completion time will be at the discretion of the instructor.
Unsatisfactory attendance may result in a repayment of any financial aid received. Financial Aid students must attend all classes for which they register. Faculty members are asked to report a last date of attendance when assigning a grade of F to a student who ceased attendance.
Note: If a student withdraws on or after the first day of class, but never attends the class, that class will not count when calculating financial aid eligibility and the student's financial aid will be adjusted accordingly.
All veterans will be reported to the Office of Veterans Affairs when they have been excessively absent.
The College may cancel any class with fewer than the minimum number of students enrolled as set by the institutional guidelines; however, all courses are given the opportunity to make. Students enrolled at the time of cancellation will receive a full fee adjustment of money paid unless an alternative class is selected as a replacement.
A student is a freshman until he/she completes 30 semester hours in college level courses. Transfer credits are included in determining classification.
College credit may be earned through Chattanooga State's Cooperative Education program and may apply toward graduation, with the following restrictions:
Co-op courses may be used as Unrestricted Elective credit in career programs (Associate of Applied Science degree).
A course substitution approved by the appropriate dean is required for co-op credit to be used to satisfy degree requirements other than Unrestricted Elective.
Co-op credit may not be used to satisfy General Education requirements.
Co-op credit for CP201 or CP202 only may be used as elective credit in transfer programs (Associate of Arts or Associate of Science degrees).
A substitution for a general education course will be considered only if course requested is on the approved general education list (one general education course for another) and meets the requirements/goals of the major.
Only under unavoidable and exceptional circumstances will the College permit deviation from the prescribed curricula. In cases where this is necessary, the student must have advisor clearly state in writing the desired substitution and reason for the request. Course substitutions must be approved by the student's adviser, the appropriate department head and dean, and the Vice President for Academic Affairs. A substitution is not allowed for courses for which a grade of 'D' or 'F' has been earned.
Chattanooga State uses a grading system designed to show the level of mastery the student has achieved in a course. Minimum acceptable achievement is what is deemed necessary to enter the next level course or, at the program level, to enter a four-year college, or to be qualified to work in a specific career. The letter grades below are based on documented mastery of a set of specific instructional competencies. The competencies and objectives for each course are listed in the course syllabus.
Note: Some program courses may require a higher than minimum average listed below - see course syllabus.
Letter Grade Quality Points (Per Semester Hour)
A 4.0 Indicates consistently superior performance. Mastery level should be a minimum average of 90.
B 3.0 Indicates consistently above-average performance. Mastery level should be a minimum average of 80.
C 2.0 Indicates satisfactory performance. Mastery level should be a minimum average of 70.
D 1.0 Indicates less than mastery level performance with a minimum average of 65. A course in which a "D" grade has been earned cannot be used as a prerequisite for another course.
Note: A grade of "C' or better is required in all prerequisite courses and in all courses specified by course numbers in the summary of required hours. Any program-directed or technical electives, all Allied Health programs, Associate of Science in Teaching (AST), and Technical Certificates require "C" or better in all course work.
F 0.0 Indicates failure to achieve minimum standards.
FA 0.0 Indicates failure due to attendance.
I 0.0 Incomplete. Given at the instructor's discretion to students who have not fulfilled all course requirements at the end of the grading period. Counts as an "F", both in computing the GPA and for purposes of satisfying course prerequisites. The deadline for removing an Incomplete is determined by the instructor, but must be no later than two weeks before the end of the next semester. An exception to rule is anyone who has filed an Intent to Graduate. If incomplete grades in courses satisfying degree or certificate requirements are not removed within two weeks of the end of the term, the student's degree or certificate will not be posted until the following-term.
Note: If course requirements are not satisfied by the deadline, the "I" grade is changed to "IF" on the student's transcript.
IF 0.0 Incomplete/Failure. Indicates student failed to complete the requirements of a course in which he/she had received an Incomplete.
W Withdrawal. Indicates the student has withdrawn from the course. Does not count in the GPA.
AU Audit. Indicates that the student elected to enroll in the course for no grade or credit. Audits do not replace previous grades.
CE Credit by Examination. This designation is used for both institutional and national exams (AP and-CLEP).
CL Credit for Life Experience. Is not counted in the GPA.
S/N Satisfactory/No Credit. Selected courses may be offered on a competency based grading system. If the student satisfactorily meets the minimum competencies, credit (S) will be awarded. Students not meeting minimum competencies will not receive credit (N).
Calculation of Grade Point Average (GPA)
Chattanooga State transcripts indicate two grade point averages-an "institutional" average and an "overall combined" average. The institutional only GPA consists of hours taken in college level courses. The combined GPA includes hours taken in both college level and learning support courses. The institutional only GPA is used to calculate the GPA required for graduation and to determine honors. The combined GPA is used to determine suspension, probation, eligibility for financial aid, and athletic eligibility.
The GPA for the Tennessee Education Lottery Scholarship is calculated to determine potential scholarship eligibility. All grades including transfers after 2002, repeats, and withdrawals are used to determine eligibility. This GPA is available to the student by viewing the lottery GPA in Self-Service. Otherwise transfer credits are not used in computing a student's GPA at Chattanooga State, but are counted in earned hours and shown under "Transfer Combined".
Note: Grades of "W" are shown on the online unofficial transcript under Attempted Hours; and are not used in calculating GPA. But, they may affect a student's financial aid eligibility.
Repeating a Course
For increasing mastery or GPA (and only for these purposes), students may repeat courses in which their final grades are "C" or lower.
Students with a previous grade of A or B (or a C in a learning support course) may only repeat a course with the approval of the Vice President for Academic Affairs. After obtaining this approval, these students must register in person at the Enrollment Services Center.
When a course is repeated, only the last grade received is calculated in the cumulative GPA and is used to determine completion. However, if a course is repeated more than twice, the third and all later grades are included in computing the cumulative GPA.
Note: For graduation and prerequisite purposes, only the last grade (A, B, C, D, F, I, IF) will l be used to determine satisfactory completion.
A grade of "C" or better is required in all prerequisite courses and in all courses specified by course numbers in the summary of required hours. Any program directed or technical electives, all Allied Health programs, Associate of Science in Teaching (AST), and Technical Certificates requires "C" or better in all course work.
When reviewing your transcripts, be sure to check the last column (R) for any indication of a repeat process.
ABBREVIATIONS, SYMBOLS, AND TERMS APPEARING ON THE ACADEMIC TRANSCRIPT
Transfer credits are not used to calculate GPA but may be excluded or included to satisfy degree requirements.
R (Repeat) Designation:
A = Include in GPA but exclude from earned hours
E = Exclude from GPA
I = Include in GPA
First attempt - E, Second attempt - I
First attempt - E, Second attempt - E, Third attempt - I
First attempt - E, Second attempt - E, Third attempt - A, Fourth attempt - I
Prior to requesting the appeal of a final course grade, the student should read the following statement.
Course grades assigned by faculty members are final unless there is evidence that the grade was influenced by consideration of race, color, religion, sex, marital status, disability or national origin, arbitrary or capricious action or other reasons not related to the academic performance of the student. In all cases, the student shall assume the burden of proof with respect to the allegations.
In the event the student elects to file an appeal, the student is required to refer to and abide by the guidelines provided below. All information provided for this appeal must be legible. Pending resolution of the appeal request, the final course grade stands. If the student fails to present the Final Course Grade Appeal Request within the time frames specified within these guidelines, the student's final course grade stands. To ensure fair and equable treatment for all students, the steps provided below are to be followed in sequential order beginning with Step 1. Fair and appropriate resolution may occur at any of the six steps provided below.
Steps For Appeal of a Grade:
The student must review his/her grade with the course instructor if the student believes the final course grade is incorrect. The student has thirty (30) calendar days from the day grades are due in the Records Office for the term in which the grade was earned to consult with the instructor in an effort to review the final grade assigned. If, for any reason, the instructor is unavailable, the student should contact the instructor's supervisor to review the course grade. If thirty (30) calendar days have passed from the day grades were due in the Records Office for the term in which the grade was earned prior to the student completing STEP 1, the final course grade stands. Possible outcomes of the Final Course Grade Appeal are:
The final course grade remains as assigned by the course instructor.
The final course grade is changed by the course instructor to a new grade, which may be higher or lower than the initial grade assigned by the course instructor.
If the Final Course Grade Appeal warrants further review, the matter must be referred to the instructor's immediate supervisor.
All requirements for degrees and/or certificates must be completed before the credential can be posted to the student's transcript or a diploma awarded. This includes removal of any incomplete grades in courses needed to satisfy degree or certificate requirements. Incompletes not removed within two weeks of the end of the term will delay posting the credential until the following term.
All candidates for graduation for a given academic year (Fall, Spring, or Summer) may participate in Chattanooga State's annual commencement exercise even though all requirements for graduation may not have been met. However, such participation in no way confirms completion of requirements or official graduation. Students not completing all requirements by the end of the summer term following commencement must reapply.
Diplomas earned from the credit divisions are mailed 6-8 weeks after each term's graduation date. TCAT diplomas must be picked up from the TCAT division 6-8 weeks after each term's graduation date.
A student must submit an Intent to Graduate form to be considered a candidate for graduation.
Listed below are the deadlines for submitting an Intent to Graduate form:
GRADUATION TERM *COURTESY REVIEW DEADLINE FINAL DEADLINE
Fall (December) May 1 September 30
Spring (May) October 1 January 31
Summer (August) February 1 May 31
*If student misses the courtesy review deadline, then there is no guaranteed name in the commencement program, no guaranteed honors cord, no guaranteed walking with majors, and no guaranteed graduation analysis prior to the final semester before graduation. If submitted by final deadline, the student will be provided with a cap and gown and allowed to participate in the ceremony.
Applicable Catalog
A student may obtain a degree or certificate based on the requirements in the catalog in effect when he/she entered the College or under a later catalog in effect for any term he/she is enrolled. However, a student can only use one catalog.
Time Limitation. Counting from the first term covered by the catalog (fall), requirements for associate degrees and Technical Certificates of Credit remain in effect for a period of five years and Tennessee College of Applied Technology (TCAT) programs for two years.
A student may earn, simultaneously or consecutively, multiple degrees only when the majors completed lead to different degrees, i.e., one leads to a career program (Associate of Applied Science) and the other to a transfer degree (Associate of Arts, Associate of Science. A student cannot earn multiple transfer degrees. All requirements for both degrees must be met, and the student must complete 25 percent of additional hours not included for the first degree. The cumulative grade point average (GPA) for all college-level work must be 2.0 or higher. However, some programs require a higher average.
A double major is the completion of two or more majors leading to the same degree. At Chattanooga State, double majors are available only in Associate of Applied Science career programs. All requirements for each major must be met. The second major must include 25 percent of additional hours not applied to the first major. The cumulative grade point average (GPA) for all college level work must be 2.0 or higher.
Note: Graduation with two or more concentrations in the same major is not considered a double major.
Multiple Concentrations
At Chattanooga State, multiple concentrations are available only in Associate of Applied Science career programs. Students may complete more than one concentration in the same major; however, all concentrations must be completed at the same time. Concentrations are not listed on the diploma.
Degree/Technical Certificate of Credit/Embedded Certificate
Students may receive both a degree and a Technical Certificate of Credit or an Embedded Certificate by completing all requirements listed in the SUMMARY OF REQUIRED HOURS for each. However, all Embedded Certificates must be completed before or at the same time as the degree in which the certificate is embedded. Embedded Certificates will not be awarded after the degree is awarded.
Double Certificates
All requirements for both Technical Certificates of Credit must be met and at least one-third of the hours required for the second certificate must not have been required for the first certificate.
Associate Degrees - The cumulative grade point average (GPA) for all college level work must be 2.000 or higher.
Associate of Science in Teaching Degree - The cumulative grade point average (GPA) for all college level work must be 2.750 or higher.
Technical Certificate of Credit-All courses required for the Technical Certificate of Credit must be completed with a grade of "C" or better.
1. For all Degrees, a minimum of 25% of the college-level semester credit hours must be completed at Chattanooga State.
2. *For A.A.S. degrees, a minimum of 12 college level semester credit hours must be in the major area of study.
Chattanooga State is a member of the Service-members Opportunity Colleges and offers flexible residency requirements to current service members. Graduation residency requirements may be reduced to no less than 25% of the academic program requirement. Any request for an exception to the above policy must be due to extenuating circumstances and approved by the Vice President for Academic Affairs prior to enrolling in the courses(s) at the other institution. This is usually limited to one or two courses and will not be approved if 25% of credit hours required for the degree were not taken at Chattanooga State as required by SACS (Southern Association of Colleges and Schools) as stated above.
Technical Certificate of Credit - A minimum of seventy-five percent (75%) of the required hours for a Technical Certificate of Credit must be completed at Chattanooga State. A maximum of twenty-five percent (25%) of the required hours for a Technical Certificate of Credit may be completed through approved alternative sources of credit (see Alternative Sources of Credit).
Tennessee College of Applied Technology (TCAT) Programs - Credit may be awarded for previous education or training as determined by the instructor and the approval of the Dean of the Tennessee College of Applied Technology (TCAT) or his or her designee. This must be done at time of enrollment in the program. As required by SACS, "at least 25% of the credit hours required for the degree/diploma are earned through instruction offered by the institution awarding the degree/diploma" (comprehensive standard 3.5.2).
*Does not apply to A.A.S. degree in Health Sciences. Revised: November, 2013
Exit Testing
All associate degree candidates are required to test for general achievement. Major testing may also be required in selected fields. These tests are used to evaluate Chattanooga State's academic programs. Exit testing must be completed before the Records Office can post the degree or issue a diploma. Until the degree is posted, a student is not considered to have graduated. Be sure to submit the Intent to Graduate in a timely manner to insure notification of test dates (no summer testing).
Students should pay off any debts to the College as soon as possible. No diploma, certificate, or academic transcript will be issued to a student who has not settled outstanding College debts with the Vice President for Business and Finance. A student may be prohibited from attending classes or taking final examinations after the due date of any unpaid obligation.
Educational Records. Those records, files, documents, and other materials which (1) contain information directly related to a student, and (2) are maintained by Chattanooga State or by a person acting for the College. Educational records do not include (1) personal notes, (2) records available only to law enforcement personnel, (3) employment records.
Student. Any person who is or has been enrolled at Chattanooga State.
Directory Information. The college reserves the right to release directory information without the student's consent. Any student who does not want directory information disclosed must submit a written request to the Enrollment Services Office within ten days of registration.
The following information is directory information at Chattanooga State: name, major field of study, participation in officially recognized activities and sports, weight and height of athletic team members and sports statistics, dates of attendance, degrees, certificates and/or awards received and other institutions previously attended, address, telephone number, email address, date of birth, grade level, and enrollment status (FT/PT).
Access. To have access to an educational record is to be allowed to see the original record.
B. Release of personally identifiable student educational records
Chattanooga State shall not permit access to or the release of any information in the educational records of any student that is personally identifiable, other than directory information, without the written consent of the student, to any party other than the following:
Chattanooga State officials and staff who have legitimate educational interests, including the support of honor societies and academic excellence. All faculty and advising staff have been identified as one who has a legitimate interest.
Officials of schools in which the student seeks admission.Appropriate persons in connection with a student's application for, or receipt of, financial aid.
Federal or State officials as defined in paragraph 99.31 of the regulations concerning this law.
State and local officials authorized by state statutes.
Organizations or persons conducting studies for, or on behalf of Chattanooga State for the purpose of assisting in accomplishing the College's stated goals, when such information will be used by such organizations or persons and subsequently destroyed when no longer needed for the intended purpose.
Accrediting organizations, to carry out their functions.
In compliance with judicial order or subpoena, providing that the student is notified in advance of the compliance.
Appropriate persons in connection with an emergency if such knowledge is necessary to protect the health and safety of a student or other persons.
Note: With the exception of Chattanooga State officials and staff who have been determined by the College to have legitimate educational interests, all individuals and agencies who have requested or obtained access to a student's record will be noted in a record which is kept with each student's educational record. A request must be in writing stating the purpose of the request. This record will also indicate specifically the legitimate interest that the person or agency had in obtaining the information.
C. Procedure for Accessing Educational Records
The student requests the custodian to allow him/her to pursue the educational record. The student may ask for an explanation and/or a copy of the given educational record. After consultation with the custodian, errors may be corrected at that time by that custodian. Thereafter, if the student believes the record to be accurate in content, he/she should acknowledge with his signature and the date; if the student believes the record content to be inaccurate, he/she then may submit a request for an informal hearing before the Appeals Committee. The request, and the challenge, must be presented in writing to the Records Office which will request a meeting of the Appeals Committee. The Appeals Committee Chairperson will acknowledge receipt of the challenge and notify the student of time and place for the first meeting convenient to the student. The Appeals Committee will convene with the student within forty-five (45) days from the date of the request allowing the student to present relevant evidence, and allowing the student to be represented by an individual of his/her choice at his/her own expense, including an attorney if so desired. The student will be afforded all of his/her rights under Due Process as delineated in the Student Handbook. The decision rendered by the Appeals Committee shall be based solely upon the evidence presented at the hearing. The decision must include a summary of the evidence and the reasons for the decision.
Note: This procedure does not provide for a hearing to contest an academic grade.
D. Right of Access Does Not Include:
Financial records of parents or any information therein.
Confidential letters and statements of recommendation which were placed in the educational records prior to January 1, 1975.
Records to which access has been waived by the student. (This applies only if a student, upon request, is notified of the names of all persons making confidential recommendations and, if such recommendations are used solely for the purpose they were intended.)
E. Educational Records
Educational Records may be destroyed except that a student shall be granted access prior to destruction if such is requested.
F. Complaints
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Chattanooga State to comply with the requirements of FERPA.
The Office that administers FERPA is:
See "Academic Retention Standards" in this section.
The Records Office is required to maintain certain student records permanently. However, Registration and Drop/Add forms and Transcript requests will be maintained for only one year. Important reminder: Registration is considered final and changes to the semester record cannot be made after that time.
Unofficial transcripts are available online for current students.
An official Chattanooga State transcript will be sent to another institution or organization upon a student's written request that includes student's signature. There is no fee for this service.
You may download and print the Transcript Request form from the web.
1. Deliver your completed request in person to the Enrollment Services Office, or
2. FAX your completed request to 423-697-4709, or
3. Mail your completed request to:
Chattanooga State Community College - Records
Note: Transcripts are not released if the student has an outstanding financial obligation to the college.
The College accepts transfer credits from other colleges. Official transcripts from each institution a student attended are evaluated in the Admissions Office for equivalent courses.
All grades will be transferred in; however; a course in which a “D” grade has been earned may/may not be used to satisfy degree requirements or prerequisites. A grade of “C” or better is required in all prerequisite courses and in all courses specified by course numbers in the summary of required hours. Note: Program Directed or Technical Electives, Associate of Science in Teaching (AST), all Allied Health programs and Technical Certificates require “C” or better in all course work. Transfer credits are not used in computing a student’s GPA at Chattanooga State, but are counted in earned hours.
Credits from non-regionally accredited institutions must be appealed for transfer on individual basis by department or validated by departmental examination. Appeal forms are available in the Admissions Office.
International students must provide certified English translation of all high school and post-secondary school transcripts.
The GPA for the Tennessee Educational Lottery Scholarship includes all courses to determine eligibility.
A release from enrollment from all classes becomes official only after completion of the withdrawal process in the Enrollment Services Office or after dropping all courses online. TCAT courses may not be dropped online. Students dropping their last class online will be withdrawn from the college the next day. Students are encouraged to seek assistance with the drop/add or withdrawal processes before attempting any online activity.
Failure to attend class or discontinued attendance is not official withdrawal. Not withdrawing officially will cause a student to fail and could jeopardize later re-enrollment.
The consequences of completely withdrawing from school depends on when the student withdraws. See the Academic Calendar for withdrawal deadlines.
For consideration of full refund, withdrawal must be prior to first day of the term. See Fee Payment Information Bursar’s online refund policies and refund calendar.
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From Refugee to PhD
By: Genevieve Riccoboni
The Chronicle meets Rabia Nasimi, and gets to know the woman behind the headlines.
Rabia Nasimi, a woman already widely recognized for her work and achievements, is now a very busy first year PhD student here at Lucy Cavendish College. She has well-defined interests within her chosen field of sociology already at 23, and she serves as the Chronicle’s BME (Black, Minority, Ethnic) Editor – helping make the Lucy Cavendish community more vibrant and diverse. On top of making great academic and extracurricular contributions to Cambridge, she continues to support, when possible, the work of the Afghanistan and Central Asian Association (ACAA), a grassroots organization that facilitates the integration of Afghan refugees into British society. Rabia herself was an Afghan refugee to Britain, arriving at the age of five.
This trajectory in particular – from refugee to Cambridge – has attracted consistent media attention in the past few weeks. A number of features have been written about Rabia, notably on her life story and future goals. Behind the pieces on Rabia’s refugee experience and work, however, there is a person who is intellectually curious, dedicated, friendly, and focused. I had the privilege to recently interview Rabia, where we decided to “fill in the gaps” and discuss the aspects of her life that have been less fleshed-out by mainstream reporting.
Her field of study, sociology, is one that she believes is uniquely positioned to address the contemporary issues she is most interested in. A graduate of both Goldsmiths and the LSE, Rabia has studied sociology throughout both her undergrad and masters. “Sociology is important as a field for understanding social problems and the complex structures in our world,” she told me. “It is also quite interdisciplinary, so you are not tied down to a particular methodology or kind of topic.” Her current research broadly focuses on Afghan identity. “Ethnic identities are profoundly important,” she said when discussing her reasoning behind her study. “They’re specifically fascinating in Afghanistan. I’m interested in how we construct identities through interactions and how those are sustained.” In addition to being personally relevant, Afghanistan is a very multi-ethnic and diverse country, which makes it an interesting context for sociological research.
Rabia’s research was inspired by both personal experience and a desire to learn more about Afghanistan and Afghan people. Wherever possible, she says she has related previous academic work to contemporary issues within Afghanistan, especially to the construction of identity, ethnicity, and nationality. This research augments her work outside the classroom with the ACAA, a grassroots organization which her father founded in 2001. Based in London, the ACAA works to integrate Afghan refugees into British society, by providing mentoring, education, support, language classes, and events. Rabia has been involved in the ACAA’s work since its inception. She has done it all: fundraising, project management, reporting, finance, and participating in the day-to-day activities of the association.
“Supporting refugees and enabling them to integrate is something we should see as societally valuable,” she argues. “We need to understand how culturally foreign many people feel when they arrive in the UK. They speak different languages, may practice a different religion, have different traditions. They should be able to get to the point of feeling confident about their new home.” By providing community-based, grassroots services, the ACAA fills this extremely important gap. Rabia believes there is huge potential for the organization to expand, perhaps through getting more involved in the policy aspect of migration.
I asked Rabia if she wants to continue this sort of work throughout and after her PhD, and her answer was largely affirmative. She is interested in potentially moving from the grassroots to the policy level, and is also passionate about going back to Afghanistan at some point. Diasporic involvement in home country economic, political, and social development is crucial, she notes. “I want to learn as much as I can, and support the development of Afghanistan. It’s very important to me.”
In the short term, her goals for Cambridge are a mix of academic and practical. She wants to meet and work with other academics who are interested in Afghanistan, learn from them, and publish. “I also want a better understanding of university life,” she says, laughing. “I currently don’t have much free time.” But she says that both the sociology department and Lucy Cavendish have been very welcoming communities, and that this has made her first few weeks of school positive and enjoyable.
In these same past few weeks, features on Rabia have been done in a number of media outlets, from the Cambridge News to the BBC. The media attention of Rabia has been very positive, noting her great accomplishments and work supporting refugee communities. But still there are gaps. She thinks people reading about her may assume that she is fortunate to be receiving her education, and that she maybe has not experienced challenges beyond being a refugee. “Something that doesn’t come out is that it takes a lot of hard work for anyone to get to Cambridge,” she says.
“Everyone has a different journey to Cambridge. Some people take gap years, fail modules, take on jobs in between years.”
Despite the warnings of family and friends, she does read the comments section on articles written about her. “I don’t mind reading the comments,” she says firmly. “It’s important to see what the misconceptions are.” Many of the comments circle around assumptions of Rabia because of her refugee identity. She says a common perspective is that refugees are a burden. In comments sections, this often comes out in statements assuming she is taking someone else’s place at Cambridge, or receiving a free education. “A lot of this stems from ignorance and lack of education on refugee matters,” she claims. “I want to understand why people say these things, but I think many don’t understand international politics, why refugees are here, what jobs they did at home, etc.”
“It is extremely important to share more stories of refugees making a positive difference, to combat these misconceptions,” she argues. And the positive support she has received has also been significant. Many refugees have messaged her on the Internet and asked for her advice and wisdom, because they consider her to be a person of authority. Similarly, many total strangers defend her on comments sections, arguing against trolls and those who have negative or xenophobic responses to her story. “I’m proud that I’ve challenged some people’s perceptions of refugees and of what they can and can’t do. And I’m also proud of supporting others and helping them achieve,” she says, smiling. From our perspective, it is Cambridge and Lucy Cavendish that should feel proud to have such a stellar young woman within our communities.
To find out more about the work of the Afghanistan and Central Asian Association (ACAA), visit their website at www.acaa.org.uk or follow their Twitter @a_caa
Follow Rabia on Twitter @rabianasimi
ACAABMECambridgePhDRabia NasimiRefugeesSociology
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2012 Koehler-Ruprecht Kallstadter Steinacker Riesling Kabinett
Germany / Pfalz / Koehler-Ruprecht
The fruit comes from the Steinacker vineyard in Kallstadt in Germany's Pfalz region. The wine has 10.5%, with total acidity of 6.8 g/L balanced by 23 g/L residual sugar. The grapes are harvested with up to five selective pickings by hand. They're crushed and then macerated between 12 to 24 hours before undergoing spontaneous fermentation. The wines are aged in traditional oval-shaped oak or chestnut barrels ranging from 300 to 2400 litres, with up to nine months on the lees . They are lightly filtered and bottled just before next harvest.
About Koehler-Ruprecht
Koehler-Ruprecht is one of the oldest, most distinctive wineries in the Pfalz region. It first came to our attention many years ago when the late, great Berhnard Breuer introduced me to Koehler-Ruprecht legend Bernd Philippi with whom Bernhard had partnership projects in Spain and South Africa at the time. Bernd later came to Australia for one of the Frankland Estate Riesling tastings to present aged examples of their most famous single-vineyard wine, the Kallstadter Saumagen. Years went by and it wasn’t until 2012 that I visited the winery for the first time, which is now owned by the Sauvage family of Burn Cottage fame. The time had arrived to bring these in, albeit in the tiny quantities in which they are available. Made using only the finest hand-selected grapes, which undergo spontaneous fermentation in very old wooden barrels, these amazingly long-living Rieslings buck the trend when it comes to what we have more recently come to understand as dry German Riesling. Variety is the spice of life eh?
Biodynamic producer
Dominik was born and bred in the Pfalz region. His grandfather cultivated vines there and his parents, a nursery teacher and civil engineer, kept them on. Dominik always suspected that his commitment to wine would run deeper, acknowledging from a very early age that a desk job wasn’t for him. Towards the end of his high-school studies he decided to dedicate his working life to wine.
In 2010, at just 29 years of age, he was working at a winery in California when he heard that the Koehler-Ruprecht estate was changing hands. He had a chat with new owners, the Sauvage family, who ended up asking him to run the estate. He said yes, and got to work immediately following that vintage in the US.
Since then, Sona has been working alongside the great Bernd Philippi, learning the methods established by the latter’s grandfather 100 years ago. Continuing these traditions following Philippi’s departure is of the essence, though Sona and the team are looking to add new lines of wine in the typical Koehler-Ruprecht style. Dominik enjoys the tranquillity of Kallstadt and likes to swim and cycle in his spare time. But he admits he doesn’t find a lot of that – at this stage in his life, he’s too enamoured of all aspects of winegrowing to take much time off.
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Monday 11/16/1998 Rebroadcast — Friday 01/01/1999
Garry Shandling discusses the last episode of "The Larry Sanders Show," the comedians he admires, and why acting is so challenging for him.
January 2017 February 2000 February 2000
Comedian David Steinberg talks about his career and his show, "Inside Comedy," on Showtime. 35:56
Entertainment, Books
Colin Quinn discusses his new book, "The Coloring Book: A Comedian Solves Race Relations in America." 15:57
Louis C.K. talks about stand-up comedy, show business, and the latest season of his television show "Louie." 29:14
Sean Penn; Conan O'Brien
Sean Penn presents his latest directorial project, "The Crossing Guard." On the recent success of "Late Night with Conan O'Brien." 54:18
Legendary talk show host Dick Cavett talks about his return to show business as the narrator in "The Rocky Horror Picture Show." 52:45
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Open on Sundays? Digging in to the Chick-fil-A donation decision
Scott Barkley charity, Chick-fil-A, LGBTQ
MIKE MOZART/Flickr
Often, I’ll get an email or message with a very attention-getting headline. Due to such headlines, though, rarely delivering once I read the story, I’ve gotten to where I don’t give them a whole lot of notice at first. We live in a world where being loudest is seen as more important than being correct.
So was my initial response when I received an email yesterday proclaiming that Chick-fil-A had caved in to liberal pressure on the subject of marriage. In particular, the Georgia-based company had made the decision to disassociate itself from two organizations – The Salvation Army and Fellowship of Christian Athletes – that LGBTQ groups had deemed “anti-gay” in their practices.
As this was, of course, big news for Index readers, we posted a short story yesterday with some basic facts on the case. In order to provide context, it’s important to review those facts.
Yesterday’s news began with Chick-fil-A announcing through its online press room, The Chicken Wire, that it was reshuffling its approach to charitable giving. Namely, it would be committing $9 million toward concerns over education, homelessness, and hunger. Prior to that, the restaurant had been receiving backlash for its financial support of FCA and The Salvation Army.
The statement released by CFA made no mention of its discontinued support for those organizations. However, in a story posted at Bisnow.com, that was cleared up:
The new initiative will no longer include donating to organizations like The Salvation Army, the Fellowship of Christian Athletes and the Paul Anderson Youth Home, Chick-fil-A says, all of which sparked criticism in the past from the LGBT community due to the organizations’ stances on homosexuality.
The article went on to cite the company’s efforts to expand its brand internationally and how its connection to the subject of marriage hindered those efforts.
Chick-fil-A President and Chief Operating Officer Tim Tassopoulos was quoted throughout the article, saying “There’s no question we know that, as we go into new markets, we need to be clear about who we are. … [W]e thought we needed to be clear about our message.”
Tassopoulos later said the multiyear commitments to The Salvation Army and FCA had simply run their course and now the company would move to annual grants that would be reassessed each year.
But then the Bisnow article has a line that’s very important to this whole conversation, saying that “future partners could include faith-based and non-faith-based charities, but the company said none of the organizations have anti-LGBTQ positions” (emphasis mine).
Bisnow later quoted a Chick-fil-A representative as saying the restaurant had for years been “taking it on the chin” because of the protests.
One thing I’ll admit: I’d never heard of Bisnow – which describes itself as a news site for the real estate industry – and so wasn’t sure if I could trust the story itself. However, I’ve been waiting for some kind of clarification from Chick-fil-A leadership on this. I just checked their press room, Twitter, and Facebook feeds. Still nothing. We can’t assume the people at Chick-fil-A are ignorant to this controversy or dragging their feet in responding. That’s not how they work.
The issues of marriage and homosexuality are nowhere to be found on the central platforms for FCA or Te Salvation Army. Yet, they are now apparently unworthy of partnership by a company conservative Christians have supported to the point of making them the third-biggest chain in the country.
Reading through my social media feed on this has been an education in itself. People are either very disappointed, upset, or telling others to stop letting themselves get played by the liberal media, that this is a false controversy meant to attack a Christian company.
My own opinion after reading through everything and waiting for an explanation that (checks again) still hasn’t come? Do I think Chick-fil-A caved?
Yeah. Sure seems so.
Like many, I’m disappointed. I think it’s a huge mistake. I think they’ve alienated the majority of their customer base. I don’t think they’re going to placate groups who even yesterday were still saying Chick-fil-A “should unequivocally speak out against the anti-LGBTQ reputation that their brand represents.”
And while I think their sales will go down, people will still go there. I will, but probably not as much. It’ll be different. Now, they’re just another restaurant.
No one is faulting Chick-fil-A’s continued commitment to charity. Other restaurants have been doing that for years. I have friends who have benefitted from staying at the Ronald McDonald House while their little girl was undergoing cancer treatments.
In bending the knee to the culture, however, Chick-fil-A has made it that much more difficult for other groups to operate according to their faith. Five years ago, no one would have labeled the Fellowship of Christian Athletes or Salvation Army as “anti” anything. Yet, that’s what headlines across the country felt was appropriate to do yesterday.
Kanye West’s album “Jesus is King” contains the song “Closed on Sunday.” You may know it as the Chick-fil-A song. The message is about being true to God no matter the pressure to conform.
Chick-fil-A’s president has said, according to the Bisnow article, that the company will no longer partner with groups seen as “hav[ing] anti-LGBTQ positions.” Apparently, that includes The Salvation Army and FCA. One has to wonder who that will include in the future.
Current Stories, National
Religious liberty ruling for wedding photographer commended
Chick-fil-A issues letter of clarification regarding charities
Current Stories, Business
Chick-fil-A to no longer donate to Christian groups at center of LGBTQ protests
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← Kellyanne Conway Confuses Being a Bitch With Being Powerful
Bezos Asked Michael Bloomberg To Run →
Bloomberg is the Last Person Democrats Need
One Egotistical Rich Guy in the 2020 Race for President is Enough
Michael Bloomberg isn’t happy with the Democratic frontrunners, so he’s decided to enter the race. As a Democrat. Like a White Knight riding in to save us from ourselves. Pfft.
Bloomberg has been a Republican, an independent, and a Democrat, depending on which party meets his needs at the time. As his two terms as New York City’s Republican Mayor were coming to an end, he introduced a measure to extend the term limit to three terms. This was after, as CNN reported:
“New Yorkers went to the polls twice and said, ‘We want term limits,’ ” … referring to a public vote in 1993 that imposed the two-term limit and another vote in 1996 that maintained it. Bloomberg, who introduced the measure, welcomed the council’s approval as the “right choice.”
He got his third term, regardless of what the voters wanted.
Following Giuliani’s Racist Lead
Bloomberg’s support for “Stop and Frisk”, and his arguments for racial profiling are a big problem:
The numbers are the numbers, and the numbers clearly show that the stops are generally proportionate with suspects’ descriptions and for years now critics have been trying to argue that minorities are stopped disproportionately. If you look at the crime numbers, that is just not true. The numbers don’t lie.
While Bloomberg argues the policy lowered crime, the crime rate continues to drop under Mayor Bill DeBlasio. Via Fact Check:
Major felony offenses have dropped every year de Blasio has served as the city’s mayor, according to New York Police Department data. Other felonies are down. Misdemeanors are down. Arrests are down.
And the ACLU reports that 2018 saw the lowest number of recorded homicides in nearly 70 years
Bloomberg Just Trump With Less Practice
As for Bloomberg’s treatment of women. The Atlantic describes:
… a series of stories about him, accumulated over decades, that suggests in the aggregate a distinct pattern when it comes to his treatment of women: reports of disparaging comments made about women’s bodies and appearances. Allegations of a deeply sexist work environment at the company that Bloomberg founded and, for many years, ran.
Bloomberg, quoted by colleagues as saying, “If women wanted to be appreciated for their brains, they’d go to the library instead of to Bloomingdale’s.” Bloomberg being asked in a deposition, “Have you ever made a comment to the effect that you would like to ‘do that piece of meat,’ or I’d ‘do her in a second’?” Bloomberg replying, “I don’t recall ever using the term meat at all.”
In his 1997 autobiography, Bloomberg by Bloomberg, the mogul bragged about keeping “a girlfriend in every city” during his years working as a Wall Street stock trader in the 1960s and ’70s. He is reported to have said, of the computer terminal that made his fortune, “It will do everything, including give you [oral sex]. I guess that puts a lot of you girls out of business.”
Democrats need to put Michael Bloomberg out on his ass, the sooner the better. As the New York Times put it:
Mr. Bloomberg is plainly an uncomfortable match for a progressive coalition passionately animated by concern for economic inequality and the civil rights of women and minorities.
Filed under 2020 Election, Democrats, Michael Bloomberg, Politics
Tagged as 2020 election, bloomberg, democratic primary, Michael Bloomberg running for President, politics
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Sobyanin doubts the second wave of coronavirus in Moscow
Moscow authorities do not expect the second wave of the coronavirus epidemic in the city. This was announced by the capital’s mayor Sergei Sobyanin reports TASS.
The mayor called such a scenario unlikely. According to him, every week the epidemiological picture in the capital is improving. “I doubt that there will be a second wave. There may be slight deviations, but they will not change the situation, ”he said, noting that April was the hardest month.
Sobyanin expressed the hope that a vaccine would soon appear, and its mass release would begin by autumn.
Earlier, the mayor said that after the lifting of restrictions in Moscow, there was no increase in the incidence of new infections, and concerns about the second wave were not confirmed. He urged Muscovites to get used to a normal life.
As of July 1, for the entire time in the capital, 222 thousand facts of infection were recorded. 152 thousand infected have already recovered. Another 3831 people died.
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The Beast Inside Us, 1998-1999
Acrylic Paintings on Canvas, 30” x 60”
Sandra Gering Gallery, NY NY
The Beast Inside Us, 1998
10' x 18' scanachrome billboards
Exit Festival, Maison des Arts, Creteil, France
Maubeuge Festival, Le Manege, Maubeuge, France
The Center for Contemporary Art, Geneva, Switzerland
The Beast Inside Us was a series of images produced both as monumental scanachrome vinyl billboards, acrylic paintings on canvas, and latex wall paintings, all conceived of as (anti)classical friezes. For The Beast, characters culled from classical children's literature were repainted by the artist and reproduced at architectural scale, arranged in a shallow space. Expanded to monumental proportions, delicate gouache brush strokes reify to become expressionistic slashes and the fairy tales characters of childhood reveal their base, archaic and sometimes terrifying natures.
The billboards were first produced in 1998 for the Exit new media festival, at the Maison des Arts, Creteil, France and the Maubeuge Festival, Le Manege, Maubeuge, France and later shown at the Centre D'Art Contemporain in Geneva. The acrylic paintings and wall painting were created for the Sandra Gering Gallery, NY, in 1999. With their saturated colors and high production values, these works are intended for tectonic presentation, to redefine the language of painting at a public scale.
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Feeding Houston’s hungry: 1M pounds of food daily for needy
No Comments on Feeding Houston’s hungry: 1M pounds of food daily for needy
HOUSTON — In car lines that can stretch half a mile, (0.8 kilometers), workers who lost jobs because of the coronavirus pandemic and other needy people receive staggering amounts of food distributed by the Houston Food Bank. On some days, the hundreds of sites supplied by the country’s largest food bank collectively get 1 million pounds.
Among the ranks of recipients is unemployed construction worker Herman Henton, whose wife is a home improvement store worker and now the sole breadwinner for their family of five. They tried to get food stamps but were told they only qualified for $25 of federal food assistance monthly.
“As a man, as a father, as a provider I felt at a low point. I felt low,” Henton said as he waited in his car near West Houston Assistance Ministries, which gets food from the Houston Food Bank for its care packages aimed at helping feed families for a week. “In this type of situation there’s nothing you can really do.”
Distributions by the Houston Food Bank now average about 800,000 pounds (363,000 kilograms) daily after reaching the unprecedented 1 million pound mark for the first time in the spring, a level that the organization still delivers periodically.
Before the coronavirus struck, the group’s average daily distribution was 450,000 pounds (184,000 kilograms), said Houston Food Bank President Brian Greene.
Then workers in Houston and millions around the country were suddenly thrown out of work and forced to rely on the handouts.
“It had that feeling of a disaster, like the hurricanes in the Gulf,” Greene recalled. “It was shocking how the lines exploded so quickly.”
Almost overnight, one of America’s most ethnically and racially diverse cities became a symbol of a desperate need as the food bank scrambled to take in enough milk, bread, vegetables and meat from multiple sources to feed the hungry.
Many people in Houston and around the U.S. live paycheck to paycheck and were caught off guard by the economic fallout from the coronavirus that initially cost the nation 22 million jobs, with10.7 million that haven’t come back.
“Forty percent of households have less than $400 in order to weather a storm,” Greene said, referring to a Federal Reserve survey. “So, when this crisis hit the number of families who needed assistance was immediate and very large.”
After Henton was laid off, he and his wife ate one meal daily so their three children could have all three.
His family is one of about 126,500 that the Houston Food Bank has helped with boxes of food every week since March via its system powered by workers and volunteers who sort, box and pack the food onto trucks that deliver their loads to distribution centers throughout greater Houston’s suburban sprawl.
Nationwide, the charitable food distribution “surge has stayed at a surge level,” said Katie Fitzgerald, executive vice president and chief operating officer of Feeding America, a national network of 200 food banks.
Her group boosted the amount of food it distributes to 2 billion pounds (907 million kilograms) from April through June, up from 1.3 billion pounds (590 million kilograms) during the January-March period.
The federal government has helped meet demand with programs such as one that buys farm goods like vegetables, meat and dairy originally produced for now shuttered restaurants and gives it free to food banks and the distribution groups they work with.
But the money set aside for the U.S. Agriculture Department’s multibillion-dollar Farmers to Families program runs out at the end of October.
Individual food banks also get 20% to 40% of the food they distribute from other government programs, including one that helps farmers hurt by foreign tariffs by buying their produce, beef, pork and chicken and ensuring that producers get paid while edible food doesn’t end up in landfills. That program is funded so far through 2020.
The food banks get the rest of what they distribute from supermarket or farmer donations or buy it with donated cash.
Fitzgerald said the nation’s food banks have enough food to meet U.S. demand for now, but said distributors “are concerned about the future” as winter approaches.
Demand for food in the Houston area, long subjected to the volatility of the oil industry, will probably continue without more government relief for jobless workers, said Mark Brown, CEO of West Houston Assistance Ministries, which gives food to nearly 2,000 people each week.
“I think we will have an elevated need in our community for at least two years,” he said.
The charity was founded in 1982 to help people during an oil bust that eliminated 225,000 jobs and toppled the city’s real estate market. The group also helps people pay their rent and find work.
On one recent food distribution day, many people waiting in their cars with the tailgates open so bags could be easily loaded in their vehicles in a socially distant way were reluctant to speak about their economic misfortunes or other reasons for lining up.
Unemployed stagehand Priscilla Toro said she was embarrassed at having to resort to the free food line but added: “We have to get by. We’ve got to eat.”
Henton said he was simply thankful that he and many others can feed their families with the extra help.
“It can happen to anyone,” he said.
Snow reported from Phoenix.
On Twitter: twitter.com/asnowreports, twitter.com/JohnMone
← Vaccine storage issues could leave 3B people without access → Matt Hancock defends refusal to climb down on free school meals | Education
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**WARNING: SPOILERS**
Let me start out by saying, I haven’t read Madeleine L’Engle’s 1962 novel A Wrinkle in Time, but have been ecstatic to see the movie, as it’s the first movie directed by a woman of color, Ava DuVernay, with a budget of over $100 million. Thanks for that Disney! Side note, this week is the first time ever that the #1 and #2 movies at the box office (Black Panther, and A Wrinkle in Time) were both directed by people of color; DuVernay passed on directing Marvel’s Black Panther. Fortunately, this film had more wrinkles to iron out, in terms of both storyline, and technical production.
The movie opens with Meg Murry’s scientist doctor disappearing to the cosmos amidst the adoption of her younger sibling, Charles Wallace. Charles Wallace is a know-it-all child prodigy who is cute but annoying; it’s like nails on a chalkboard by the end of the movie never hearing them call him anything but “Charles Wallace”, no Chuck, CW, Charlie, C-Wall, nothing. Life goes on, and everyone at school is mean to Meg, including the principal, discussing how her temperament has changed since her dad vanished. She’s timid and hits the popular girl in the face with a basketball and Charles Wallace comes to the rescue, cue embarrassment. We cut to home, and meet Reese Witherspoon as Mrs. Whatsit, one of the three Mrs. Ws, who just shows up and starts about tesseracts working, and Dr. Murray being out there in the universe. Barely anything about the universe is explained, or the rules that govern them, aside from a brief intro to “tesseracts” (verb: tessering), which is how they travel across the universe. We meet the token love interest/sidekick while he just appears while on a walk and mentions something about being drawn to them at that moment. Charles Wallace seems to be the only person who knows what’s going on throughout the storyline, and his youthful acting essentially carries the movie.
The Mrs. Ws all appear in the backyard to take the kids tessering to find Dr. Murray; they are comprised of Mrs. Whatsit, Mrs. Which (Mindy Kaling) and Mrs. Who (Oprah). Oprah is mainly seen as a 20 foot giant hologram, or in extreme closeups of her gem-laden eyebrows and glittery lips, that are beautiful. Guessing that was the only way she would do the movie. Mindy Kaling only speaks in quotes (everyone from Outkast to Lin-Manuel Miranda to Shakespeare). I was excited to see Kaling cast in this movie, but she was SO underutilized.
On the first planet, Urial, the kids are happy go lucky for a brief second. Reese Witherspoon promptly turns into a large lettuce leaf, as you do, and flies the kids around the planet. This is when we first meet “The IT”, the bad guy, who in the book is a large literal evil brain. In the movie, it feels kind of like the Upside Down in Stranger Things but reminded me of the black ooze in Little Nemo in Slumberland (1992). The IT seems to be all of your unhappy thoughts that take over and make you unsuccessful, but again, not a great explanation.
They then have no luck and Mrs. Whatit remembers they should go see a Seer, who just so happens to be Zach Galifianakis. They have a weird interaction as if they used to date. The whole scene provided some growth for Meg and Oprah, but was too silly for me.
Lastly, the group tessered to Camazotz and the Mrs Ws must depart with some wisdom. This planet feels very Wizard of Oz, tornado included. Meg is precocious and smart, but when Calvin asks her to explain velocity, they dumb her down by saying “it’s just a physics thing”, it’s as if Disney doesn’t think the audience is capable of understanding science. Camazotz gets really trippy, and we see cameos from Michael Peña and Bellamy Young. Eventually we get to where we’re going and find Dr. Murry inside the “Hotline Bling” video set. It seems like he’s been frozen there because he’s unaware of how much time has passed and his hair hasn’t grown in 4 years. The beloved Charles Wallace succumbs to The IT and turns into a demon. Eventually Meg finds her inner strength and saves the day and tessers back to her own backyard. Charles Wallace gets to meet his dad, Dr. Murry, for the first time, and happy tears are had by all.
What A Wrinkle in Time gets right: Diversity & Inspiration for its tween audience. Nearly every scene in the movie features people of color and doesn’t mention it. It feels like what real life should feel like, inclusion without patting yourself on the back for it. The movie also teaches tweens to trust themselves, and their faults, as well as accepting others despite their thoughts.
What A Wrinkle in Time gets wrong: The story has a great message of virtues and light vs dark, but the film does a terrible job explaining itself. The movie doesn’t trust the audience, the Mrs. Ws give the kids all of their direction, and they make almost zero decisions for themselves. The movie was far too ambitious for its own good.
Kayla Young founded Boss Babes WV, a community organization focused on social empowerment for women. She is a Charleston, WV resident & lives with her two kids, Milo & Zella. She has a non-traditional egg roll business, and is trying to make a difference in West Virginia, one babe at a time.
Joe Stephens March 9, 2018
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The Cornell Daily Sun (https://cornellsun.com/2004/09/02/through-the-ether/)
Through the Ether
Jerry Mondesire, the loquacious, Stetson totting president of the Philadelphia NAACP said in an interview once that, unlike his own generation who had the likes of Malcom X, Martin Luther King, and Stokely Carmichael, this new, ‘Hip-Hop’ generation of young African Americans has no role models to look up to. That is, except one — Russell Simmons.
I could only imagine that Mondesire”s estimation was made in the last four years. Simmons, the founder of Def Jam Records, set out on an experiment four years ago when, in association with HBO, started Russell Simmon”s Presents Def Poetry Jam. With an ecumenical but largely minority cast, the show”s stated premise remains to give voice to America”s unheard urban poets.
To approach Def Poetry, one must cast aside any prejudices of what poetry should be. It is a show whose artists would list with equal weight Countee Cullen, Gwendolyn Brooks, and Langston Hughes among their primary influences as they would Chuck D., Rakim, and KRS One. That is to say, the performers don”t speak, they rap.
It”s funny that Simmons should be seen as patron of the arts. In it”s history, his Def Jam label has never been synonymous with pushing the artistic envelope. It is, after all, a label that boasts such poetic wordsmiths as DMX, deodorant salesmen Redman and Method Man, Ghostface, the seemingly ageless and brainless LL Cool J, Ludacris, and Shyne. Method Man and Redman haven”t been legitimate artists since they were content to reside in gritty, underground chambers on Loud. The only one I”ll lend any credibility to is fellow Wu-Tang refugee Ghostface. But his latest offering, The Pretty Toney Album, seemed to run at a high velocity into a brick wall of mediocrity, and has been in decline since his stunning debut, Ironman. As far as helping to develop Hip-Hop into an art form, Def Jam can”t hold a candle to avant-garde labels like Def Jux and the late Rawkus.
Simmons has gift wrapped his show in all the right trappings. He has a Hip-Hop icon as a host in Mos Def, the support of HBO which has become the last bastion of artistic integrity on television, and has inserted ‘poetry’ in between his Def and Jam, effectively disarming any premature critics.
But this is Simmons trick. Behind the veil of its exterior and the dense collages of it”s rhetorical devices, Def Poetry sounds rather hollow. Posturing Mos Def in front of the camera to provide introductions and a few lines of verse every Sunday doesn”t bring much legitimacy. While it”s true that he”s an icon, his status as such has been falling at the rate of gravity. After releasing two seminal albums, Blackstar with Talib Kweli and Black on Both Sides, he pulled a Salingeresque retreat only to reappear, proclaiming himself an actor, but landing only throwaway roles in films like Brown Sugar, Monster”s Ball, and The Italian Job. Mos Def is laughable now, a shell of what he once was.
Worse than that, the show has become numbingly redundant and simplistic. With few exceptions, the artists whom Simmons selects (assuming it is he who does the selecting) have become increasingly formulaic in their approach to spoken word. Usually, it involves an animated stage presence with a delivery that is loud, fast, and rhythmically cogent. Actually, it is so fast sometimes that we can scarcely understand what they are saying. This is all part of the illusion, though, because more often than not, they are saying nothing. Def Poets usually provide an amateur indictment of one of three topics — women”s rights, George Bush, or race. There is, of course, nothing wrong with this. But viewing only one show will be sufficient for anyone to see that poets become clones of one another, and after the dust settles from their stomping, spitting, and rapped deliveries, the artistic value of the verse is hard to find outside of the fact that it rhymes and is usually loud and angry.
There have been some bright spots this season, like Julian Curry, who offered the best criticism of using the word ‘nigger’ since Q-Tip, Kelly Tsai, who tossed venom at urban sophisticates and her fellow, wannabe revolutionary poets with ‘Mao,’ and neo-Black Panther Will Bell, whose ‘So I Run’ was easily the best poem the show has ever used. Inexplicably, the show has felt it necessary to bring on Hip-Hop celebrities who really have no qualifications as poets, such as Kanye West, Floetry, Dead Prez, Common, and Talib Kweli. Really, all that each of them did were awful a cappela versions of their own songs. Perhaps to balance this, the show brings actual poets, like Mark Eric Dyson, Nikky Finney, and Oscar Brown Jr. But their performances have seemed half-hearted at best. It”s sad, because as people who have the talent to say something, they wasted a chance to say it to a generation in need.
It would be unfair and obnoxious to deny the value in Simmon”s Def Poetry. It does, after all, demand creativity from our generation. That should be admired. But what it”s artists say is something else. For Mondesire”s claim to hold weight, Def Poetry needs to work harder to find artists who speak in metaphor, not just rhyme. Otherwise, it”s in danger of sending what was a great idea into the mores of novelty.
Archived article by Zach Jones
Men's Soccer to Start Season Against Lehigh
Even though tri-captain senior defender Scott Palguta has earned years of battle wounds, tough defeats and struggles, there is no doubt he’s ready for the men’s soccer team’s first game of the season tonight against Lehigh. “I still get excited for every game,” Palguta said. “We’re super fired up. Everyone’s been waiting for this game since the last one.” Justifiably so, since the Red last ended on a sour streak — losing six out of its last seven games in the second half of the 2003. But Palguta, men’s head coach Bryan Scales and the rest of the team are looking at the 2004 season as an opportunity to turn a new leaf — and the Red will hope to use tonight’s game to open the season on the right foot. “We want to win,” Palguta said. “I think we’ve had a really good preseason and that’s the bottom line — we want to turn this thing around.” The key to earning an important first win might rely on which team adjusts to the speed of a real game according to Scales. Although Palguta and other teammates went to scout Lehigh in a preseason game last week and are familiar with the Mountain Hawks 4-4-2 formation, tight defense and well coached side, Scales notes that both teams will suffer from the lack of real match play. On the other hand, the Red will benefit from new Ivy League regulations which enable it to start its regular season earlier. Although it has only trained for less than two weeks, Lehigh will also be playing its first match of the season — a fact, Scales said, that will affect both teams. “It’ll take us a little while to really get into a good rhythm,” Scales said. “We’re excited to start strong [tonight]. You can train and practice all you want but you only get better by playing games and so these games at the beginning of the season are very important.” Last season, the Red had trouble getting the ball in the back of the net — a problem which was especially highlighted when it only managed three goals in their last seven games. To add to the Red’s potential difficulty tonight, it will be going up against senior Lehigh goalkeeper Sam Bishop. Bishop, who was a second team All-Patriot League selection last year, allowed a stingy 0.64 goals per game — a Lehigh record. Yet, Scales is particularly confident that his team will be able create more scoring opportunities. Leading the line are forwards Nick Leonard and Kuda Wekwete — two players Scales predicts will cause problems for Lehigh as well as other teams this season. In addition, to stop the progress of the Lehigh attack, Scales is depending on the senior captain triumvirate of defenders Palguta, Peter Lynch at the back and goalkeeper David Mahoney as well as younger players looking for opportunities to move forward. “It is always difficult to break teams down that are organized and it will give us an opportunity to see number one, what type of attacking team we have, number two, what kind of imagination we can have in putting together combinations and get forward and get goals. And it will be a very good test for us to see how we can break down other teams,” Scales said. Lehigh, which earned a 9-4-7 record last season and appeared in the Patriot League’s championship game, shut out ten opposing teams in the 2003 season. Similar to Scales however, Lehigh head coach Dean Koski knows that it will take his team some time to shake off the cobwebs of the offseason. “It’s not going to be high level soccer,” Koski said. “I expect Cornell to be very technical, very organized and very competitive.” With seven games in September, it is especially important for the team to get to a good start, according to Mahoney — especially with rivals Syracuse and Colgate waiting in the wings over the next week. But, he and his excited teammates have faith in the squad’s abilities. “It’s definitely nice to get rolling and get off to a good start,” Mahoney said. “We’re definitely confident that we’re going to win.”Archived article by Brian TsaoSun Senior Editor
First of Lasts
Welcome to the first of many lasts. For the last time, I have started another year at Cornell. For the last time, I have written my first column of the year. For the last time, I have let opportunities slip through my fingers, forsaken fun and friends for work, worried about the future instead of relishing in the present. Though it’s taken three years for this revelation to hit me, it could not be more poignant, because, for me and every senior, all we do this year will be the last time we do it before graduation forces us out of Cornell and into the rest of our lives. But, regardless of whether you just arrived on North Campus or simply moved back in to your old house, there’s no better time than now to appreciate this place and take advantage of every opportunity it affords. In part, the Olympics inspired me to this carpe diem approach, because, in sports, as in life, every second counts. Between the shot clock and the alarm clock, the first period or your first class, the 12th round and midnight, moments tick away and life unfolds. And, as the athletes competing in this year’s Games showed, those moments may come in the form of a hundredth of a second or mere tenths of a point, but they can result in lifetimes of wonder or pride. All of the athletes in Athens recognize the significance of these small margins, which for them mean the difference between gold and fourth-place. Gymnast Paul Hamm took home a gold medal in the men’s all-around, while his South Korean competitor left with silver because a judging error reduced his score by fractions. Rulon Gardener, the defending Olympic heavyweight Greco-Roman wrestling champion, won some precious metal in August, but not the kind he left with four years ago. Bronze isn’t bad, but one point — one move in one five-minute match — made the difference between a repeat and his retirement. Likewise, not one swimmer, diver, weightlifter, or walker takes for granted an inch of track or millimeter of balance beam. Whether in practice or the real deal, all give everything they have to win. But while the will to win joins these competitors across the board, one thing separates them harshly: time. For some, the Athens games marked the start of brilliant careers; for others, the end of golden eras. For the first time, the tiny country of Kiribati sent competitors to the Games. For the first time, women wrestled for medals. And for the first time, swimmer Katie Hoff, and basketball players Carmelo Anthony and LeBron James performed with the world watching. But for five members of the U.S. women’s soccer team who have played together for 15 years, and five-time Olympic sprinter Gail Devers, these Olympics may be their last. The women’s booters ended their stint on top of the world — the best women’s players ever. ‘Melo and King James, on the other hand, didn’t bring home the championship, but at least they’ll have another chance. I’m not sure which option I prefer. But, as is, I find myself left with only the former: one last shot to do it all and not much time to do it in. As new faces from North pour into Collegetown, we seniors will see the same friends we’ve had for four years. As the freshmen pick their classes, we will look for jobs and apply to grad school, with the day in May looming overhead. But, regardless of what happens, when one of my friends gets a job, we’ll hit the bars. And when one of them doesn’t, we’ll do the same, because this year really isn’t about results, it’s about time. Great times. Maybe it takes a time like this to grasp the importance of a moment and finality of a period. And this year, as the moments on my Cornell shot clock dwindle, I know how I’m going to play the game: like it’s my last. And, come May, I may have exhausted every last ounce of energy I can muster, but, like Mia Hamm, Julie Foudy, Kristine Lilly, Joy Fawcett, and Brandi Chastain, I will have left it all on the field and, hopefully, come away with a win. Everett Hullverson is a Sun Assistant Sports Editor. Chew on This will appear every other Friday this semester. Archived article by Everett Hullverson
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The Cornell Daily Sun (https://cornellsun.com/2007/02/27/c-u-vet-aids-rare-rhino/)
C.U. Vet Aids Rare Rhino
On Feb. 18, Andalas, a Sumatran rhinoceros born in captivity, was transported from the Los Angeles Zoo to the Sumatran Rhino Sanctuary located in Indonesia. He is the first Sumatran rhinoceros to be born in captivity in over 100 years, and has also become the first Sumatran rhino to be transported from the United States to Indonesia.
Unfortunately, Sumatran rhinos are one of the most endangered mammal species in the world, with only 300 remaining. Perhaps this is why Andalas has been a celebrity ever since his birth in the Cincinnati Zoo on Sept. 13, 2001. When Andalas arrived in Indonesia, hundreds of fans were waiting for him wearing rhino t-shirts and waving welcome banners, according to an ABC Radio Australia Interview.
Relocating a 1,700 pound rhinoceros is, by no means an easy task. Therefore, Prof. Robin Radcliffe, wildlife and conservation medicine at Cornell’s College of Veterinary Medicine, along with Dr. Curtis Eng, the Los Angeles Zoo Chief Veterinarian and its keeper Steve Romo, needed to travel alongside Andalas. Andalas arrived from his long trip in good health.
“He is doing fine,” said Radcliffe, “He’s only a little bit tired after this long trip. Overall, he looks very good,” Radcliffe said. “He will be in quarantine for the first 60 days to enable him to adapt to his new environment. He will then be released into a rain forest of 10 hectares.”
Radcliffe is in charge of the Rhino Conservation Medicine Program that is based at Cornell and is also affiliated with the International Rhino Foundation. He is also the former director of the animal health for the Fossil Rim Wildlife Center.
“Andalas’ journey to Indonesia is vital to the future of Sumatran rhino,” said Los Angeles Zoo Director John Lewis. “This breeding program is just one example of the extent zoos will go to in order to save a species from extinction.”
Andalas is expected to mate with two young female rhinos, Rosa and Ratu. These female rhinos were already at the Sumatran Rhino Sanctuary, waiting for his arrival. However, it will be quite some time before Andalas is ready to mate, since he will be facing some serious challenges.
His biggest challenge is coping with a variety of tick-borne blood parasites, as explained by the Cornell Chronicle and Dr. Julia Flaminio, equine medicine and a Cornell immunologist. Flaminio said that because Andalas was born in captivity, he has no means of immune defenses for such parasites, since he was never exposed to them.
These tick-borne blood parasites — Anaplasma and Babesia — are also found in Brazil, Dr. Flaminio’s native country. Therefore, Flaminio had some previous knowledge and experience with these parasites.
“When relocating Andalas, Dr. Radcliffe and I knew there would be a high risk of such parasites infecting him, so I contacted a colleague of mine, Dr. Rosangela Machado in Brazil, who already tested a vaccine for these parasites used in relocating domestic livestock,” said Dr. Flaminio. “We were lucky enough to obtain a U.S. state permit from the USDA to import the vaccine to the Cornell Laboratory where we prepared the doses of vaccine, which were administered to Andalas during a six week period at the Los Angeles Zoo.”
She said that Andalas is doing well so far, but it will be a long process for him to become completely adjusted to his new environment.
In the short time Andalas has been in his new home, he has already adjusted quite well and has been very easy going and relaxed.
“We just hope that with time, Andalas’ immune system will keep building protection to all the foreign diseases he is being exposed to, but he has already been doing quite well.” Andalas’s team is hopeful that he will be able to mate in the future.”
Understanding the Science Behind Carbon Neutrality
Despite President David Skorton’s recent signing of the Presidents Climate Commitment to a climate-neutral campus, the meaning of climate and carbon neutrality is not always clear.
A climate-neutral campus would ideally emit zero net greenhouse gases. Carbon neutrality is closely related to climate-neutrality and entails zero net carbon dioxide emissions.
An officer was dispatched to take a report on the theft of three Dodge Ram emblems from a parked vehicle in Appel Commons Parking Lot at approximately 6 a.m. on Feb. 23. The damage was estimated at $60.
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