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UWGB women 'are not having fun' after costly loss to IUPUI
Scott Venci
Green Bay Press-Gazette
GREEN BAY – The team meeting happened right at center court on Friday night, just a few moments after the University of Wisconsin-Green Bay women’s basketball team lost 54-42 to IUPUI in front of a quiet Kress Center crowd.
Senior guard Frankie Wurtz has played in two NCAA tournaments during her career. If she is going to play in a third before she graduates, a few things must change.
She told her team that.
“I just said, ‘We can’t have a start like we did,’” Wurtz said. “We were very soft, and we kind of let them do everything they wanted to do to us, and that’s what we want to do to teams.
“That starts with me, and I know that. I also just said that we can’t wait for a halftime speech to get out and be aggressive, because we did do some better things in the second half, but we just need to start that right away.”
The loss was a big one for the Phoenix’s hopes of winning a Horizon League regular-season championship and getting a top seed in the conference tournament come March.
IUPUI stands at 6-1 in league play and has won six straight since opening the conference season with a loss to Youngstown State, while UWGB fell to 3-3 in the Horizon and has not won back-to-back games since November.
Things perhaps could have played out differently if not for a disastrous second quarter in which the Phoenix was outscored 13-2 and went scoreless for the final 6 minutes, 21 seconds of the half. It couldn’t take advantage of an equally cold Jaguars team that went the last 5:42 without a point.
But IUPUI started out of the gates quickly, hitting its first five shots that included three 3-pointers to take a 13-6 lead less than five minutes in. The Phoenix was able to tie the score at 17 with 1:20 left in the first, but it was all Jaguars from there.
They scored the final two points of the quarter and the first eight of the second to go up 10. They led by 13 at the half and were up by as much as 21 after a 10-0 run early in the third quarter in which the Phoenix went more than four minutes without a point.
UWGB never got its deficit to fewer than 11 the rest of the way, easily finishing with its fewest points in a game this season. The previous low had been 55 in a loss to South Dakota State last month.
The offense just could not get going, shooting 30.4% overall (17-for-56) and 20% from 3 (3-for-15).
Wurtz (14 points) was the only Phoenix to register double figures, shooting 5-for-9 overall and 2-for-3 from 3 while playing 37 minutes.
Junior guard Caitlyn Hibner and sophomore guard Hailey Oskey had off nights, with Hibner shooting 2-for-14 and Oskey 3-for-13.
UWGB coach Kevin Borseth has said several times this season that his team needs to find a rhythm. It’s still searching for it after this one.
“We have to find that, because … we have to find it,” said Borseth, whose team missed 10 of its final 11 shots. “We just can’t score. Here’s an (IUPUI) team that has got kids who don’t shoot the ball from the arc, and they are 9-for-21 and we are 3-for-15.
“We haven’t shot the ball well. I don’t know if we haven’t shot the ball well because we don’t shoot well, or we are not getting rhythm. I just don’t think we are getting any rhythm right now, and we have to find it.”
After Wright State ended UWGB’s regular-season title run at a staggering 20 straight seasons in 2018-19, IUPUI suddenly has become the new team to beat after back-to-back wins against the Raiders and Phoenix.
From the outside, it might appear the rest of the nine teams in the Horizon finally have caught up to a UWGB program that hasn’t lost more than three conference games in a season since Phoenix Hall of Fame coach Carol Hammerle still was roaming the sidelines and Borseth was busy making a name for himself at Division II Michigan Tech.
Has the Horizon indeed finally run down UWGB?
“I don’t know,” Borseth said. “We are not playing the way we are capable of playing. I don’t look at it that way. We are just not playing the way we are capable of playing. A lot of it has to do with the fact, and you can’t make excuses, we haven’t had a full team the entire year.
“We finally are getting kids back. If we keep kids healthy and off the injured list and off the sick list, at some point we are going to find some rhythm. Right now, we have just been trying to mix and match to find things. It’s not easy, it’s no fun. We are not having fun. It’s frustrating for all the kids. It is for everybody.”
UWGB has a chance to build some momentum with a game against a struggling Illinois-Chicago team on Sunday before hitting the road for five straight contests and seven of nine.
One thing is certain: The leader of the Phoenix and her teammates aren’t giving up.
“Just be positive,” Wurtz said. “If you get frustrated, that’s just going to spiral everything down. I think you need to get angry and make things happen, but we still have to remain positive.
“We still have things we want to do this year. If you get negative about that or make excuses, that’s not going to help the future.”
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Home » The Firm » People » Lord Lupton CBE
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Lord Lupton CBE
Lord Lupton co-founded Greenhill London in 1998, and previously served as the Chairman of Greenhill Europe.
Prior to joining Greenhill, James was Deputy Chairman of Baring Brothers. He became a Life Peer in 2015 and is former National Treasurer of the Conservative Party.
James currently is a member of the Board of Directors for Lloyds Banking Group. He is also a Trustee of The Lovington Foundation and Chairman of the Board of Visitors of the Ashmolean Museum.
James holds a degree from Lincoln College, University of Oxford.
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‘Sacred Earth Celebrations’ by Glennie Kindred
Permanent Publications, 2004, 256 pp
Reviewed by Don Hills
Many of us will know Glennie for her books and pamphlets exhorting us to love, honour and connect with our beautiful Earth – or, as one reviewer has put it, “to touch the sacred and find spiritual regeneration and healing.” In this remarkable book she updates that work with much new material and artwork. With her whole-hearted commitment to celebrating the Earth and its cycles, Glennie delves into the living tradition of our Celtic ancestors and arrives at a magnificent collection of sacred ceremonies based on the eight Celtic festivals: the Summer and Winter Solstices, the Spring and Autumn Equinoxes, the four cross-quarter points of Imbolc, Beltain, Lammas and Samhain. However, the celebrations in the collection are not in any way fixed or immutable; for her …they help us to discover more about ourselves and our intrinsic connection to Earth.
Glennie believes we are free to celebrate the festivals in whatever way we choose, and her book is packed with suggested ways to do just this. The first part describes the Wheel of the Year with its links to the basic Elements of Earth, Air, Fire and Water (plus, for her, the important Element of Spirit), but she makes it clear that this has no implication of a …hierarchy of spiritual authority. We are each able to …follow our own path and break free of outworn attitudes, damaging dogmas and concepts, and to transform and change as we listen to our inner voice and seek our higher visions.
In the second part of the book, she looks at the nature of ceremony and ritual. For her, each festival is a chance to find yourself as part of the whole and to connect to the moment, to the here and now. You can look back to what you have been doing, feeling and thinking on your spiritual journey, and look forward with an understanding of the Earth’s and one’s own inherent energy, to where we wish to go for the benefit of both. Glennie strongly believes that the decision to enjoy an act of celebration on our own or with friendship groups is down to personal choice. You must work, she says, at the level you feel most comfortable with. And touching your deepest feelings and expressing the sacred will bring with it a connection to the inner core of your being. She has many suggestions about celebrating the Elements, creating outdoor shrines and sacred spaces. She recommends doing a certain amount of pre-planning as it helps to make the ceremony meaningful and special. Creating a seasonal shrine is, for her, a lovely way to help us connect directly with the Earth’s cycle.
By far the longest and richest section of the book is its third part, which contains a detailed description of the eight Celtic festivals. Like the rest of the book, these are beautifully illustrated with her own line drawings Indeed, even a skim through Sacred Earth Celebrations is a sheer delight. It’s impossible in this short review to do justice to the wealth of thought and care that has gone into Glennie’s writing and artwork – uplifting and heart-warming hardly describes it! It’s a source book par excellence for all of us who profess to wear the mantle of green spirituality.
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Don Bierman
I was born in Miami in 1940 when Victoria Hospital still existed as a full-service hospital with a maternity ward and Miami was a sleepy Southern town.
There was still alligator wrestling at 27th Avenue and Northwest Seventh Street at an Indian Village called Musa Isle. I lived in one house in the Shenandoah section when it was known as the Jewish neighborhood.
My friends and I had the freedom to ride our bikes from home to elementary school. A kid could go alone on a bus to downtown and feel safe.
My family of four lived in the same house for my entire childhood. We had a close neighborhood of 10 single family houses, where everyone knew everyone, and sitting on the front porch seeing your neighbors was an evening’s entertainment.
The first time I lived away as an adult, other than college at Tulane, was in 1965 when my wife, Rosetta, myself and my 1-year-old son, Mitchell, went to Washington D.C.
We moved there where I started my career as an attorney in the Criminal Division of the United States Justice Department.
In a year, I wanted to do trial work, which led me back to Miami and ultimately allowed me to be a part of a special time in the city’s history. It was an era that would profoundly change the place where I grew up.
I applied for a job as an assistant U.S. attorney, arriving at 7:30 a.m. for an interview. I was struck by the boss, U.S. Attorney William A. “Bill” Meadows. I remember him at the soda machine, getting a Coke at 7 a.m.
My memory may be failing me, but I’m pretty sure he would usually eat a Moon Pie with that Coke, a Southern tradition for breakfast.
I was lucky enough to get the job and it was the beginning of great friendships and a discovery of a part of Miami that I had not known before.
From 1966-1970 while I was an assistant U.S. attorney, Miami’s federal criminal scene was much different than it is today. We tried small drug cases, [even lent $20 to agents to make controlled buys], interstate stolen car cases, and an occasional fraud case. Back then, a $2 million fraud case was considered huge.
We could not even conceive of today’s multi-billion dollar Ponzi schemes. While the criminal prosecutions were not as large and complex as they are today, the federal court was busy making life-changing decisions.
The late C. Clyde Atkins was ordering school busing to complete integration, and he courageously allowed a poet, Alan Ginsberg, to recite what was then considered an obscene poem.
Today, Ginsburg’s best known work Howl is taught in schools. He once told me that he received much more obscene and angry mail over Ginsberg’s poetry than he received for the busing decision.
Judges Peter Fay, Joe Eaton and James Lawrence (Larry) King were courageously dealing with community-changing issues on a regular basis. It was the Civil Rights Era and Miami was still the South.
We worked in a small, compact office where we also met as a group once a week. Bill Meadows came from Goodman, Miss., and had been a circuit court judge in Miami when he accepted the appointment as U.S. Attorney.
With Meadows’ background as a native Mississippian and member of the Miami “good ole boy” network, one would hardly have imagined the diverse makeup of the U.S. Attorney’s office.
The office had between 15 and 17 full-time attorneys, as compared to the 200-plus today. This group included seven Jewish men, the first Hispanic lawyer in the office’s history, its first black lawyer and one of the few females to ever have served in the office.
The diversity of today’s office shows we were on to something.
These were the city’s most ambitious lawyers. Yet the spirit was collegial, “one for all.” We shared cases, we shared credit, and we shared a mission: to make Miami a safer place to live.
Meadows fostered that spirit. He never considered a person’s religion, appearance or background, only at what they could do and how he could help them do it better.
Meadows was the type of boss who would always back you up in public. He would discuss any problem in private, resolve it, and never do anything but give a single cohesive statement of the office view.
If he did not share your view at the beginning and he could not persuade you to change, then your view became the office view.
Unfortunately, this attribute is rare in public service today, where everyone wants to cover themselves.
There were some comical times as well. When it was “duty” day, one assistant would take in new law enforcement cases and citizens’ complaints.
I remember two in particular. One octogenarian came to the office and, when asked “could I help you,” he responded repeatedly, “I’m 85, my wife is 83 and we don’t need any help.”
I finally found out what he needed. He thought his wife was having an affair with a 33-year-old Secret Service agent.
Another woman complained that her thoughts were being stolen electronically. After a half hour of her story, I asked for her phone number so I could have the FBI call her. She responded simply, “phone – I don’t have a phone. They are stealing my thoughts through the walls.”
Our group, along with some who came before and some who came after, meets every September as a memorial to Bill Meadows. The spirit may not be there all year, but on that day, everyone seems to go back in time to what was, to many, a golden era.
From two U.S. District judges, Jose Martinez and Fred Moreno, who worked with Meadows, to three former U.S. Magistrate judges – Mike Osman, the late Jack Eskenazi, and the late Ted Klein – to Neal Sonnett, past president of the National Criminal Defense Association, and for the too-many lawyers to name who are listed in Best Lawyers in America, for all of them, working with Bill Meadows remained the highlight of their legal careers.
Certainly in a memory of Miami, this was a golden age.
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Gemma Santos
When I arrived in Miami in the early 1970s, I never could imagine that I would end up calling Miami home.
Nor could I imagine that, years later, I would be one of eight individuals in this great nation tapped to create a new examination for immigrants applying to become U.S. citizens.
We came to Miami after a short stay in Spain. I came with my parents, Isabel and Ramon Santos, and my younger sister, Ana. Like many young children, we were excited about moving into a new place, learning a new language and making new friends.
We did not understand that my mother’s quiet cries and my dad’s despondency at the lack of jobs meant we were in exile. As we left Cuba, my dad had prohibited us from looking back to wave goodbye to our grandmothers and aunt as we walked through the tarmac. He knew it was the point of no return.
Miami was difficult for my parents, who had to learn English and work in fields outside of their expertise. My mother worked at the employees’ cafeteria at Mercy Hospital in Coconut Grove, while my dad, who had worked in the furniture business in Cuba, worked at many jobs before starting his interior design business. He is still active today at 75.
My mother was another story.
Even though she had a university degree and she had been a school principal for 21 years in her native Cuba, she was the silent sacrificial lamb. She worked at Mercy for more than 15 years while attending night school to revalidate her university studies. She did this so we had health insurance.
Once she finished school, she secured a teaching position at Westview Elementary. From there, she taught at South Hialeah Elementary, until she retired in 2000.
My mother’s resiliency must have worn off because I firmly believe education is the stepping stone to improve my community. A product of Miami-Dade public schools, I attended the University of Miami, where I graduated with a bachelor’s degree in arts and science and a master’s of science in education. I graduated from Florida State University with a juris doctorate and I am attending Nova University to complete my doctoral degree in education.
Originally, I wanted to practice law, but when I found a part-time teaching position to supplement my income as a paralegal at the Miami-Dade State Attorney’s office, I fell in love with teaching. I returned to school to get my credentials and have been teaching for more than 20 years.
I got my start at Brownsville Middle. Today, I work in the communications department of Miami-Dade Schools and teach part-time at Miami High’s adult education center. It was in my adult education classroom, where I was preparing immigrants to become American citizens, that I got the call to join a think tank of experts who would be charged with creating a standardized test for citizenship applicants in 2006. It was the first such test.
I live in Kendall with my husband Carlos Catire and our 13-year-old son Francis. My parents and sister still live in the same home that I grew up in West Miami.
I am a volunteer with United Way, Hands on Miami, the Junior League of Miami, Hearing and Speech Center and other professional organizations.
It is my way of saying, “Thank you, Miami,” for opening your arms to us many years ago.
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Andreas Athanasiou
Woodbridge Ontario
Shoots:
4th round (110th overall), 2012
2009-10: Andreas Athanasiou scored at a better than a point-per-game pace playing for the Toronto Titans Midget AAA team in the Greater Toronto Hockey League. In 56 games he scored 24 goals with 34 assists and had 32 penalty minutes. He was selected by London in the fourth round (81st overall) of the 2010 OHL Priority Draft.
2010-11: Athanasiou skated in 57 games as an OHL rookie with the London Knights and was part of the gold medal-winning Ontario squad at the 2011 U17 World Hockey Challenge. He scored 11 goals with 11 assists and was minus-11 with 22 penalty minutes. The Knights reached the OHL playoffs despite finishing last in the Midwest Division. In six playoff games Athanasiou was minus-one with no points or penalties. Athanasiou was one of five players for Ontario who had five or more points in the five-game WHC, finishing with 2 goals and 3 assists.
2011-12: Athanasiou was one of five players to score 20 or more goals on a London Knights team that finished with the OHL’s best record. In 63 games he scored 22 goals with 15 assists and was plus-22 with 22 penalty minutes. Athanasiou skated in nine of the Knights’ first 17 playoff games as London reached the OHL playoff finals and scored 1 goal with 3 assists and was plus-six. He was invited to the NHL Draft Combine and ranked 41st amongst North American skaters in the Central Scouting final rankings. Athanasiou was selected by Detroit in the fourth round (110th overall) in the 2012 NHL Draft.
2012-13: Athanasiou skated for Barrie in his third OHL season after being obtained by the Colts in an August 2012 trade with London. He was the fourth-leading scorer for the Colts, finishing third on the team with 29 goals and recording 38 assists. He was +13 with 30 penalty minutes in 66 games. Barrie reached the OHL finals against Athanasiou’s former team. In 22 playoff games Athanasiou scored 12 goals with 13 assists and was +6 with 11 penalty minutes. He joined Detroit AHL affiliate Grand Rapids during the Calder Cup playoffs but did not appear in any games.
2013-14: Athanasiou signed a three-year entry level contract with Detroit in November 2013 and made his pro hockey debut with Red Wings AHL affiliate Grand Rapids in April 2014 following his fourth OHL season. He scored 1 goal with 2 assists and had an even plus/minus with no penalties in two regular season games with the Griffins. Grand Rapids finished second in the Midwest Division and reached the second round in the playoffs. Athanasiou had 1 assist and was +2 with 6 penalty minutes in six playoff games. He led Barrie in scoring in OHL play, scoring 49 goals with 46 assists, and was +25 with 52 penalty minutes in 66 regular season games. The Colts finished third in the Central Division and reached the second round in the playoffs. Athanasiou scored 3 goals with 9 assists and was +1 with 2 penalty minutes in 11 playoff games.
2014-15: Athanasiou skated for Detroit AHL affiliate Grand Rapids in his first pro season. Despite being sidelined for six weeks after suffering a broken jaw in December, he made a smooth transition to the pro game, providing scoring along with strong two-way play. In 55 regular season games he scored 16 goals with 16 assists and was +17 with 25 penalty minutes. The Griffins finished first in the Midwest Division, advancing to the Western Conference finals against Utica. Athanasiou scored 5 goals with 4 assists and was +5 with 6 penalty minutes in 16 playoff games.
2015-16: Athanasiou made his NHL debut with the Red Wings in a November 8th game against Dallas. He played in six games with the Red Wings before being returned to AHL affiliate Grand Rapids; rejoining Detroit for good in February. In 37 regular season games with the Red Wings he scored 9 goals with 5 assists and was +1 with 5 penalty minutes, averaging nine minutes of ice time. He scored his first playoff goal, a game-winner, against Tampa Bay in Game 3 of the first round series with the Lightning. Athanasiou scored 8 goals with 8 assists and was -6 with 9 penalty minutes in 26 AHL games with Grand Rapids.
Athanasiou has the speed and hands to be a dangerous NHL forward, though his all-around game is still developing. He has the physical skills and skating ability to turn into an offensive threat and continues to work on his defense and consistency.
Athanasiou played in 37 regular season games for Detroit in 2015-16, steadily establishing himself in a lower line role for the Red Wings and chipping in with nine goals and five assists. His combination of size and positional awareness and the willingness to play in hard areas should keep him in the lineup going forward and he could become more of a scorer as he gains experience.
Detroit Red Wings Top 20 features deep and versatile group of prospects
by Adam Schnepp
Photo: Gustav Nyquist is poised for full-time duty in Detroit after strong playoff runs in both the NHL and in Grand Rapids, which won the 2013 Calder Cup (courtesy of Dave Reginek/NHLI via Getty Images)
They are not prominent, but if you pay close attention the signs are all there. Cars left out overnight have dew on the windows, a few leaves are scattered beneath certain trees, and school supplies are pushed to the front of most stores; Fall is just around the corner. With Fall comes another hockey season, this time for every level of hockey (NHL included).
Detroit Red Wings pro prospects enjoying a long playoff run
Photo: Center Joakim Andersson was a steady presence for the Red Wings during the Stanley Cup Playoffs and has since rejoined Grand Rapids in the Calder Cup Finals (courtesy of Tony Ding/Icon SMI)
Playoff success may be the Detroit Red Wings' calling card, but this season it was not just the NHL club that experienced an extended postseason run. The Red Wings took the Chicago Blackhaws to seven games before bowing out in the second round of the Stanley Cup Playoffs, and this may have been a blessing in disguise for Detroit. A number of players were able to be sent down to the AHL's Grand Rapids Griffins, who are having the most notable playoff run in the organization; they are currently battling the Syracuse Crunch for the Calder Cup and hold a 2-0 series advantage after a pair of road victories to begin the series. Red Wings prospects also had significant success in the NCAA Tournament and the Mastercard Memorial Cup tournament.
Skilled forwards and steady defensemen featured in Detroit Red Wings prospect awards
Photo: Speedy winger Andreas Athanasiou had a breakout season for the Barrie Colts, leading the team all the way to the OHL finals (courtesy of Terry Wilson/OHL Images)
Detroit's run through the first round of the 2013 Stanley Cup Playoffs was surprising to many. Perhaps more surprising is depth of talent they have in their pipeline. The Detroit Red Wings boast some exceptional prospects who have the potential to be future stars in the NHL. The following awards feature the Red Wings prospects who stood out above the rest. The fact that no player won multiple awards is indicative of the depth of Detroit's talent pool.
Petr Mrazek improves stock in Detroit Red Wings mid-season Top 20
Photo: Rookie goaltender Petr Mrazek has made a great first impression at the pro level, taking the reins in AHL Grand Rapids and even earning a call-up to Detroit (courtesy of Brad Rempel/Icon SMI)
Spring is just around the corner, and as the weather heats up so too does the on-ice action in leagues around the world. As we reach the end of the season in junior hockey and the stretch run in professional hockey we pause to look back at how prospects in the Detroit Red Wings organization have progressed since the puck first dropped last fall.
Deep, balanced group of Detroit Red Wings prospects playing at junior level
Photo: Saginaw Spirit goaltender Jake Paterson was one of three Detroit Red Wings junior prospects invited to the upcoming Team Canada selection camp for the WJC. (courtesy of Terry Wilson / OHL Images)
The Detroit Red Wings have a great deal of prospect depth in their organization, but the vast majority of that depth is currently at the professional level. While many of Detroit’s top tier prospects are playing for either the AHL’s Grand Rapids Griffins or the ECHL’s Toledo Walleye, there are still many prospects plying their trade at the junior level.
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September 04, 2019 7:07am PT by Jackie Strause
'Handmaid's Tale' Book Sequel Nabbed by Hulu, MGM
The studio and streaming giant, already home to the series based on Margaret Atwood’s best-selling novel, are developing the author's follow-up for the screen.
Margaret Atwood’s follow-up to The Handmaid's Tale is coming to the screen.
MGM and Hulu announced Wednesday that they will develop The Testaments, the sequel to Atwood's best-selling 1985 dystopian novel. The studio and the streaming service — the latter is already home to The Handmaid's Tale — are currently in discussions with showrunner Bruce Miller about how the The Testaments can become "an important extension" to his Emmy-winning drama starring Elisabeth Moss.
The Testaments, which publishes Sept. 10, picks up more than 15 years after the ambiguous ending of the original Handmaid’s Tale novel. The series, which recently wrapped its third season, has moved its story beyond the source material that drove the first season.
Hulu renewed the flagship series toward the end of the third season, which continued to expand the world of Atwood's novel. The season began in the immediate aftermath of June's (Moss) decision to remain in Gilead after giving her infant daughter to Emily (Alexis Bledel) to take to freedom in Canada. The third season ended with a controversial cliffhanger set to transform the series, an ending that Miller described in detail to The Hollywood Reporter as a "a huge, huge change." A return date for season four hasn't been set.
Atwood revealed details about the project as part of a Time magazine cover story that published Wednesday. Instead of being told from the perspective of Offred, The Testaments will be narrated by three other women connected to Gilead: a young woman raised in the oppressive society; a Canadian teen who learns she was actually born there; and Aunt Lydia, the villain of both the novel and the series, who is played by Ann Dowd.
"They can’t keep Offred in Gilead for many more seasons, or a certain amount of wheel spinning will be going on," Atwood, who started writing the sequel in 2016, told the magazine. "They have to move her along — and I’ve given them lots of ways of how that would happen."
Speaking with THR before the season three premiere, Miller weighed in on how Atwood's new novel might eventually impact the events of the series. Asked if he believed The Testaments would directly impact his version of events, the series creator offered candidly: "I imagine it will." (Atwood is a consulting producer on the series.)
Adding, "I think Margaret feels we have been good stewards of her characters and have brought them along in a way that makes sense to her. I don't know how much she's going to follow our lead [in The Testaments]. Certainly, we are living in Margaret's world. In the end, this show, my show, is built to be a companion piece to both of those books, to sit on the shelf with them, where hopefully you can read the books and then you can watch something that illuminates them and gives some visuals, and explore some stuff more deeply. I look at the show as a companion piece to a piece of classic literature, as opposed to something that lives independently of Margaret's work."
While the first season was universally praised, the second and third seasons have been less well-received by critics. The series has won 11 Emmys for its first two seasons, including for outstanding drama series in 2017. The third season was ineligible for this year's Emmys, but still earned 11 nods in individual categories due to the Television Academy's "hanging episodes" rule.
“Margaret Atwood is one of the visionary storytellers of her generation. From her award-winning poetry, short-stories and novels, Margaret has continually pushed boundaries and broken barriers to bring innovative stories to life,” says Craig Erwich, senior vp originals at Hulu, in a statement.
Steve Stark, president of television production at MGM, adds: “Margaret Atwood is a literary icon who continues to delight and challenge readers through her provocative and compelling prose. She has been an incredible creative partner and resource to MGM throughout the production of Handmaid’s and we look forward to working with her on the story’s exciting next chapter.”
The move marks the third collaboration between Atwood and MGM Television. In addition to The Handmaid’s Tale, the studio acquired the rights to Atwood’s 2015 novel The Heart Goes Last, which follows a young couple hit by job loss and bankruptcy during a nationwide economic collapse.
Josh Wigler contributed to this story.
Jackie Strause
jackie.strause@thr.com jackiedstrause
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Home > Johns Hopkins Children’s Center > Ways to Give > Meet Our Kids > 2020
Tyler: Braving the Bonfire
Thrilled that school was finally out for winter break, 11-year-old Tyler asked his parents, Tom and Kellie, if he could attend a Christmas party at a friend’s house that night. When he got there, the children started a bonfire. Tyler watched as his friend lit a fire-starting log and poured gasoline on it. The fire caught the fumes inside the gas can — causing it to explode. The blast blew both Tyler and his friend back, and they caught on fire.
“I tried to stop, drop and roll, but we were covered in gasoline, so the fire wouldn’t go out,” recalls Tyler. “I didn’t know what to do, and I could just see a ring of fire around my face. I was scared I was going to die, but I rolled down a hill and luckily, there was snow on the ground that put out the flames.”
At their house across town, Kellie and Tom received the phone call every parent dreads: Their child has been in an accident. He was severely burned and needed to be airlifted to Johns Hopkins Children’s Center.
“People talk about these phone calls coming and you don’t think it’s going to be you that gets it,” Tom says. “In the middle of it, you’re in total shock, like you can’t believe it’s happening.”
Panicked and not knowing what to expect, Kellie and Tom rushed to the friend’s house, but they weren’t able to get close because of all the commotion. They met Tyler at the ambulance, which immediately drove the boy and his mother to a nearby community college for a helicopter transport. Kellie remembers the shock at seeing that not only was Tyler covered in blisters, but the fire had also singed his hair and burned off his eyebrows and eyelashes.
When he arrived at Johns Hopkins Children’s Center, doctors took Tyler to a trauma room to treat the burns on his arms, face and legs — the burns covered nearly a quarter of his body. After surgery to clean his wounds, doctors admitted Tyler to the PICU where he stayed for one night until they removed his breathing tube.
“The worst part of all of this was the daily two-and-a-half-hour dressing changes,” Kellie says.
“As a mother, there was nothing I could do to help him. I felt helpless and it was awful.”
During his 17-day stay at the Children’s Center, Tyler underwent four surgeries, including skin grafts on his legs. His parents noticed an immediate improvement after the skin grafts. Tyler started walking again.
After being discharged, Tyler returned to Johns Hopkins Children’s Center for a short stay to deal with complications on the donor site. Over the next year, he also would return for monthly follow-up appointments to evaluate the healing of the skin grafts.
Now 17 years old, Tyler has made a full recovery and is enjoying his senior year of high school. He plays soccer and lacrosse and wants to become a civil engineer.
“We are so thankful that we have a place like Johns Hopkins Children’s Center so close to us, otherwise it could have been so much worse,” Kellie says. “You never know when something is going to happen. It could happen to anyone at any time.”
Listen to Tyler’s story.
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Katharine Shilcutt
| Chef Chat |
Chef Philippe Schmit Receives Prestigious Maîtres Cuisiniers de France Title
Katharine Shilcutt | February 2, 2012 | 11:17am
When he first moved to the United States from his home country of France in 1990, Philippe Schmit worked as a sous chef under famous chef Eric Ripert -- a fellow Frenchman -- in the New York kitchens of Le Bernadin, eventually moving on to become executive chef at La Goulue, then later Orsay. Now, 22 years later, Schmit has earned the same prestigious title for himself that Ripert also shares: Maître Cuisinier de France, or Master Chef of France.
Schmit will be formally inducted into the organization at a ceremony in Perpignan, France on March 26. His induction will mark the first time that a Texas-based chef has received the title, which has only been awarded to fewer than 50 chefs in the United States. (There are 200 Master Chefs in France, and 50 or so outside of France in other countries around the world.)
"It is a great honor to be recognized, as this is the most coveted award in France," said Schmit. "Maîtres are looked to as ambassadors of the French cuisine all around the world and this is exactly how I present my cooking." Schmit moved to Houston originally to open Bistro Moderne, and now runs the acclaimed Philippe restaurant in the Galleria area, which is notable for its Texan-French fusion cuisine.
"For many, a French restaurant means hard-to-read menus and overly complex, heavy dishes," says Schmit. "I wanted to change that perception and bring Houstonians those same classic French techniques, but presented in a more accessible and casual way."
First Look at Toulouse, a French Brasserie in the River Oaks District
The Paris-based Association des Maîtres Cuisiniers de France has bestowed these titles on chefs for the last 60 years, chefs who uphold the organization's motto of aspiring "to preserve and spread the French culinary arts, encourage training in cuisine, and assist professional development." Schmit will be one of only 10 French chefs to receive the Maître title this year.
It's a credit to Houston's growing influence as one of the nation's great emerging food cities that it's the first city in Texas to have its own Maître Cuisinier de France. Schmit recognized the city's potential when he first moved here in 2005.
"While working in New York, I was given the opportunity to move to Houston and start my own restaurant, which was an incredible opportunity," Schmit says. "I had never been to the city before, but in the course of visiting over two weekends, I met Bryan Caswell, Robert Del Grande, and many other famous local chefs. Everyone was very gracious. There was no doubt in my mind that I would stay."
And despite our shortage of great baguettes and the loss of his job when Bistro Moderne closed in 2007, Schmit did indeed stay in Houston, eventually opening his namesake restaurant to great acclaim last year.
For Schmit, it's about more than just the honors or the title, though. "I wanted to become a Master Chef for my father," he says.
"With this award, I honor him. He always encouraged me and helped me find my first restaurant job, so this closes the circle. And that's pretty cool."
Follow Eating Our Words on Facebook and on Twitter @EatingOurWords
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How to Become a Broadcaster
"Work hard every day. Keep your head on a swivel. Be curious, Be confident." -Joel Webner
Radio and broadcasting ace Joel Webner has developed a career that defines resilience and resourcefulness.
Currently famed for his JB WeBB Radio Show, which blends classic radio values with a progressive eye on today's Web communication, Mr. Webner brimmed with smart advice for broadcasting-passionate students, for both the short and long term.
Can you recall the moment when you decided to formally embark into broadcasting as a career?
Yes; it was in my teens that I knew I loved broadcasting. My brother and I would record little skits on a tape recorder. I think [my passion] may have [stemmed] from that pretend time, I really knew I wanted to use words and [my] voice to transmit things I believed in.
Throughout high school, I made great friends with a guy who was an alumni of the school. I was also a DJ for all the big dances at our school and other schools. By being [this alumni's] assistant, I got to participate in some light audio engineering and promotions. Then, right out of high school, I was offered a job at an AM radio station. I did not start out on the air all by myself, but I did get to do a lot of the cool editing work, and some voice over for commercials. Back then the technology was reel to reel, much more difficult than what is available today. So this arduous aspect was not what appealed to me at first; rather it was the cool concept of "being on the radio."
I had a healthy career there, not money-wise, but [in terms of] pure experience. After a few months I was learning to sell air time, and also had a DJ role in early evenings and weekends.
I was later brought into an on air talk format. After this, I had moved to doing some hosting jobs and DJ, voice over and the like to keep my listening and razor sharp wit in tact.
What professional moments stand out as the most challenging, or the most validating?
After some time away from radio, I had the chance to get back on the air as a co-host for a political talk show. Anyone who knows me knows I could really care less about politics, but loved to make people laugh. So the recipe was a good mix of insight political views from the host and color commentary on the erratic absurdities of our beloved political system. [There was] this crucial moment when the show ended after just a year or so; it's when I took pride in my own sense/instinct to not give up.
I thought the odds were against me. Yet suddenly I realized that I didn't need an actual station to broadcast. I could use all these things I had in front of me: a crappy video camera (which is really just a camera and had to plugged into the wall), a $10 microphone from Target, my gumption, and the Internet.
Needless to say, your Web presence is unmistakably effective. How has social media impacted your career?
Well, thank you. Social media was a huge factor in how people become aware of our humble little effort. Without this particular element, I dare say we would not have as much exposure. But I also have to give a big hand to my distribution partner, Blip.tv. I had done a ton of [research on] Google, [and] I'd started a YouTube channel. but after a month of blah, I discovered Blip.tv and quickly pulled everything out of YouTube.
Blip has, over the past two years, increased its technology, and actually encodes the video for all the correct technical outlets. This was an optimal distribution partner who allows me to monetize. Plus, last year we were approved for distributions to YouTube. Voila!
What are some common misconceptions about careers in contemporary broadcasting -- in both radio and web broadcasts?
People think, "Oh, just fire up that microphone," and they wing it... If you want to be successful, do research and be prepared.
How did your educational path lead to the current place you hold in your career, hosting your "QuasiRadioWebShow?
Well, it was really the discipline and do-not-give-up attitude that was the fuel. Granted, what I knew played a big role in what I am doing now. But I am also working in a few other related capacities. So I would say that a good education, mixed with a rock solid work ethic, [is what got me here].
We've learned that your radio program, The JB WeBB Show, "distinguished by unusual mental keenness," was borne from the economic crisis of the late 2000s. How did your education help you generate and nurture the original idea for the show?
Well, I feel the fundamentals of discipline and learning how to learn are items you cultivate in your youth, and can really master with education. So more important than actually knowing everything under the sun is understanding what you like doing and discipline your self to work very hard, plus always be learning.
Once college is over, you'll know more than when you started, but you won't know everything. That's why I would suggest looking at the ability to gain formal education as a way to teach your self a great work ethic, to foster an open mind for new things, technologies, and other business practices. Take notes from those you admire in the business world.
Do you feel that Web/radio broadcasting are subjects that can be studied online, or is a traditional class environment ideal?
Yes, of course, as far as terms and procedures. But being in a studio when a live or recorded broadcast is occurring is invaluable. Any option without actual studio time does not serve you well.
Can internships, apprenticeships, and other forms of on-the-job preparation be effective means of learning for these disciplines?
Sure, some of the greats started this way. Depending on what role you are looking to occupy, also try to learn everyone else's role if you can. Being very observant in these types of roles is the key to advancement. Passion and enthusiasm are also essential elements to propel one from an internship into a full time employee.
What advice, or words of caution, would you give to a student who is considering a career in modern-day broadcasting, online or on the airwaves?
Always be learning. With today's dynamic technology growth, you cannot afford to not stay in the know, [especially] when it regards the realm of broadcasting. Learn about your own network of professionals. Oftentimes, if you know the right people, they can bring you in under some of the most favorable circumstances.
Learn how to brand your self, in perhaps more than just one way -- that is unless you are, for example, just into sports radio, or only have a passion for talk radio. And be aware that, although you have a passion for something you may not be doing, you should always try to have an occupation that has at least a few hooks into what you want to do.
Work hard every day. Keep your head on a swivel. Be curious, Be confident.
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Holy Trinity church officially supports four charities by donating a proportion of our income each year. The four charities we are supporting at the moment are Opportunity International, Asylum Welcome, Practical Compassion for Destitute Children and Archway.
Opportunity International
Opportunity International UK is a Christian charity based in Oxford, with a staff of 12, whose motivation is Jesus’s call to love and serve the poor.
Offering a hand up rather than a hand-out, it makes loans to very poor families to help them grow their own small businesses or make the most of their land. Crucially, it provides them with training, support and financial services that the poor cannot usually access.
The UK branch of Opportunity supports its local partners in Africa, where 80% of their clients are women. Small businesses – hairdressing, tuck shops, market stalls, dressmaking – flourish with the initial small injection of capital, and agricultural loans – chiefly for fertilizers – typically increase yield by 30% Amazingly, 98% of loans are repaid, and the money recycled to help others. This means that a relatively small donation to Opportunity will be used again and again to help more poor families transform their lives.
Opportunity also helps those who live in very remote areas by providing Banks-on-Wheels – 4x 4 vehicles that visit villages on certain days – and by arranging loans to local groups to start schools when government schools are many miles away. The result has been that poor families have, many for the first time, finally been able to access education and healthcare.Any questions about Opportunity can be directed to Suzy Webster, who has been involved with the charity both here and in Africa for over 20 years.
Update July 2016: New video: Actress Adjoa Andoh visited her homeland of Ghana earlier this year to meet the communities you are benefiting.
Web-site: www.opportunity.org.uk
Link Person: Suzy Webster
Asylum Welcome
Asylum Welcome supports refugees, asylum seekers and immigration detainees in Oxford and Oxfordshire.
Our volunteers, members, and staff share values based on a common humanity and belief in social justice. Together we work to reduce poverty, suffering, and social isolation, and to enable asylum seekers and refugees to live with the respect and dignity to which they are entitled.
Based in our friendly, welcoming office in Magdalen Road, with a staff of only 2 full-time and 5 part-time members, and around 120 volunteers, Asylum Welcome helps asylum seekers and refugees locally by: visiting detainees in Campsfield House Immigration Detention Centre in Kidlington; giving information about social, legal, and health services for which clients may be eligible; helping clients find suitable education courses; providing one-to-one English tuition; running a Youth Club and providing advice and information for unaccompanied asylum-seeking minors; giving food parcels to the destitute; cooking a weekly hot meal; supplying such items as bicycles and baby equipment as necessary; and advocating publicly on behalf of asylum seekers and refugees and for policy change.
The office itself, open to clients on Tuesdays, Wednesdays and Fridays, has a pleasant reception area, staffed by welcomers, with access to computers and the telephone, children’s toys, tea and coffee making facilities, and the chance to sit somewhere safe, warm, and dry.
This small charity is totally dependent on donations and is grateful to be one of Holy Trinity’s chosen charities.
Anyone wishing to support it individually can do so by becoming a member, for which the membership form can be downloaded from the website.
Update September 2016: Our own Mike Wooldridge narrates a remarkable new film about Asylum Welcome’s work. You can view it at http://www.asylum-welcome.org/ donate/films. The film is available in two versions, long (26 minutes) and short (6 minutes). Both provide a compelling account of the challenges facing asylum seekers and refugees as they arrive in Oxford, and the vital advice and support they receive from Asylum Welcome.
Web-site: www.asylum-welcome.org
Link person: Lorna Hicks
Practical Compassion for Destitute Children
This is a small charity based in Tyneside which cares for children in the Holy Land.
Personal contact with each child is important, and they are helped regardless of religion/background. The Coordinator, trustees and others visit twice a year, paying their own expenses. They see the different schools, boarding houses and families; initial contact is made through the head-teachers.
The Jan. 2015 newsletter states:’ We have had appeals from several schools to help children whose lives have been affected by violence, death, divorce, tragedy, severe poverty or sickness. PCDC tries to keep the children going to school, and sustains their basic needs.’
‘At every school the fees have gone up again. Our payments came to £112,000. Still the Lord goes on providing. We trust God now and always, day by day. Every child is special; every need is brought before the Lord.’
Malcolm Jones, Coordinator, wrote after our last donation from the Lent Lunch:
‘Thank you SO much! Your kind donation will help 4 children, all at Talitha Kumi School. They are called Ibrahim Daoud, John and Saliba Khaliliel, and Rozeen Quaississiyeh. Your donation will help Ibrahim with school fees (£200), John with food (the family is often without any food, and PCDC sends a food parcel every month). (£100) Saliba needs a new school-uniform, and he also needs to see the dentist (£100); Rozeen needs help with school-fees (£100). Please thank all the people who made this wonderful gift possible. God bless you all,’ Malcolm.
Website: www.practical-compassion.co.uk
Link person: Nell Slocock
“The whole purpose of Archway is to be alongside those who feel hurt by loneliness, to serve by offering support, friendship and a listening ear.”
– Paul S. Hawgood, Founder of The Archway Foundation.
Loneliness is an experience that many of us may go through at various points in our lives. These are feelings which affect people of all ages and backgrounds. Loneliness is a big issue. According to the Joseph Rowntree Foundation, “Almost half of adults in England say they experience feelings of loneliness” and it has been widely quoted that “loneliness is as bad for
one’s health as smoking” (2015).
The Archway Foundation was established in Oxford in 1982 to help relieve some of the real distress that loneliness can cause. Via social groups and befriending, we connect those feeling alienated, with a diverse group of volunteers, many of whom know for themselves how damaging loneliness can be.
“I keep coming to Archway to try to help people who are in the same situation I was. I look forward to coming here. There are people here who need me – who are very pleased that I turn up and talk to them. Archway is an oasis for people. There’s always someone there to talk to you and be sympathetic, not judgemental.” (Danny)
“If it wasn’t for Archway holding their arms out and catching me I don’t
know where I’d be.” (Terry)
At least 8 members of Holy Trinity volunteer with Archway. Some help with the social events some by driving and some being present at the events. There is also a befriending service which visits people in their homes. Do ask me for any further information or look at the Archway website. We are so grateful for your support.
Website: www.archwayfoundation.org.uk.
Link person: Sue Saville
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Kris Jenner shows support for Kathie Lee Gifford following Regis Philbin's death
The Keeping Up with the Kardashians star is good friends with Kathie Lee Gifford
July 28, 2020 - 13:57 BST Hanna Fillingham Kris Jenner has shown her support for friend Kathie Lee Gifford following the death of her former co-host Regis Philbin on Friday
Kris Jenner has been keeping a low profile over the past few days following Kanye West's Twitter posts about her family. But the Keeping Up with the Kardashians star made sure she was there for her good friend Kathie Lee Gifford, following the death of her former co-host Regis Philbin last week. The famous momager was one of the first to comment on Kathie Lee's heartbreaking tribute message to the TV veteran, writing: "What a beautiful friendship you two had... He will be so missed." Kathie had shared a lovely photo of herself with Regis in the studio, alongside an emotional message on their friendship.
MORE: What Kris Jenner really thinks of son-in-law Kanye West - including his tweets
Kris Jenner sent a supportive message to Kathie Lee Gifford following Regis Philbin's death
She wrote: "There are no words to fully express the love I have for my precious friend, Regis. I simply adored him and every day with him was a gift. We spent 15 years together bantering and bickering and laughing ourselves silly—a tradition and a friendship we shared up to this very day.
"I smile knowing somewhere in Heaven, at this very moment, he’s making someone laugh. It brings me great comfort knowing that he had a personal relationship with his Lord that brought him great peace.
"I send all the love in my heart to Joy, to his children, to the rest of his family and to the innumerable people he touched over his legendary life. There has never been anyone like him. And there never will be."
READ: Kim Kardashian breaks silence to share sweet family photos following Kanye West's apology
Kris and Kathie Lee have been friends for decades
Kathie Lee worked with Regis for 15 years until 2000, and they remained great friends after she left Live with Regis and Kathie Lee, which then became Live with Regis and Kelly, when current host Kelly Ripa took her place.
The 66-year-old opened up about the last time she had seen Regis on Monday's Today show, and reflected on their incredible friendship. Kathie Lee - who spends most of her time in Tennessee – revealed that she had met Regis and his wife Joy two weeks ago when she was in New York.
"Of course the first call I always make is to Regis and Joy, so I said, 'Can we get together? Can we have some lunch?' "So they came over about two weeks ago. I saw Reg get out of the car with Joy and I sensed much more fragility in him than I'd seen in him since the last time in January out in Los Angeles.
"We sat right here on my screened porch and we laughed ourselves sick – we always just picked up right where we left off. "We had the best time, and after they left, I thought to myself 'Lord, is that the last time I'm going to see my friend?' Because he was failing, I could tell."
The Daytime Emmy winner passed away on Friday from "natural causes". His family released a statement via Us Weekly, which read: "We are deeply saddened to share that our beloved Regis Philbin passed away last night of natural causes, one month shy of his 89th birthday.
"His family and friends are forever grateful for the time we got to spend with him — for his warmth, his legendary sense of humour, and his singular ability to make every day into something worth talking about. We thank his fans and admirers for their incredible support over his 60-year career and ask for privacy as we mourn his loss."
Kathie Lee Gifford
Kelly Ripa's co-stars share untold stories about Regis Philbin in emotional tribute following his death
Kathie Lee Gifford shares glimpse inside lavish living room at home in Tennessee
Kathie Lee Gifford makes exciting announcement days after son Cody's wedding
Today show host Hoda Kotb shares stunning photo from special wedding
Caitlyn Jenner pays rare tribute to ex-wife Kris Jenner as she reveals she still helps her now
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Cybersecurity Beyond U.S. Borders: Engaging Allies and Deterring Aggressors in Cyberspace
Report Cybersecurity
July 14, 2017 About an hour read Download Report
David Inserra
Former Policy Analyst for Homeland Security and Cyber Policy
David Inserra specialized in homeland security issues, including cyber and immigration policy as well as critical infrastructure.
Cyberspace is a unique realm that challenges the U.S. in multiple ways. These challenges include the cyber domain’s reach, speed, anonymous nature, and offense-dominated conflict. Given that cyberspace is an environment defined by ubiquity and anonymity and that cyberspace also has physical components and people located in different places around the world, international cybersecurity efforts are both important and difficult. Working together on cyber issues includes military cooperation with allies as well as working together to strengthen civilian cyber defenses to make hacking more difficult and less lucrative. Beyond cyber defense and offense, pushing and working with nations around the world to combat cybercrime and punish those who engage in aggressive cyber behavior themselves can help reduce the number of cyber attacks.
It is time that the U.S. build deeper ties and take greater action with nations that truly want to counter crime and economic espionage in cyberspace.
When faced with a particularly aggressive bad actor, the U.S. should raise the costs of hacking through various types of retaliation.
The U.S. needs to articulate a bolder strategy for how it will operate in the cyber domain.
Cyberspace is a domain that has revolutionized the world. Massive amounts of data can be communicated from device to device from the other side of the room or the other side of the world. The number of services that are now available to the average consumer through a personal computer, smartphone, or other device are truly mindboggling. Banking, ride or apartment sharing, dissemination of information and media, video sharing and conferencing, social media, entertainment and gaming, buying and selling of goods, and countless other online activities are now second nature to most Americans, not to mention billions of individuals elsewhere.
With such leaps in productivity and convenience has come the opportunity for hackers and certain nation states to abuse this domain to steal, undermine, destroy, or manipulate these systems and masses of data for their own purposes. Since this domain is spread across the world, bad actors in cyberspace can accomplish their goals from thousands of miles away. As a result, when considering cybersecurity policies, the U.S. cannot just think about its own laws, resources, and systems but must also consider what is occurring outside its territory. Indeed, the U.S. must engage with its allies and partners to craft solutions that cross borders, while using traditional tools of national power to retaliate against nations that harbor or engage in malicious cyber activity. Only through such U.S. leadership will cyberspace continue to be a domain that is sufficiently secure to continue to promote prosperity and liberty.
The Nature of Cyberspace
Cyberspace is a unique realm that challenges the U.S in multiple ways. Specifically, these challenges include the cyber domain’s reach, speed, anonymous nature, and offense-dominated conflict. Understanding the nature and challenges of this realm is important to understanding where and how the U.S. can take international action on cyber threats.
Cyberspace can be defined as “the manmade domain and information environment we create when we connect together all computers, wires, switches, routers, wireless devices, satellites, and other components that allow us to move large amounts of data at very fast speeds.”[REF] Cyberspace is distinguished by three unique features that not only support productive activities, but also can be used against the United States: Cyberspace is (1) ubiquitous, (2) anonymous, and (3) offense dominated.
1. Ubiquitous. Cyberspace is defined largely by its vast reach and the ability of an individual computer to communicate with any computer in the world.[REF] There were an estimated 2.6 billion smartphone users in 2014, and an estimated total of 6.4 billion cyberspace-connected devices known as the “Internet of things.”[REF] Each of these devices has the ability to access information and send or receive commands across the Internet, interacting with any number of other devices. As the most technologically advanced military in the world, the U.S. military makes use of cyberspace in numerous ways, profoundly changing the way the military operates. In addition to U.S. military capabilities, the U.S. homeland depends on 16 sectors of interdependent critical infrastructure, most of which are reliant on cyberspace. The Department of Homeland Security, together with other government agencies, is responsible for protecting them. Beyond military and critical infrastructure systems, hundreds of millions of individuals in the U.S., not to mention billions across the world, take advantage of cyberspace for social, political, financial, and business reasons.
2. Anonymous. Perhaps the most-remarked feature of cyberspace is its anonymity. It is difficult to discern the exact origin of a cyberspace attack. First, an attack must be noticed, which is not always immediate. Then, forensic analysis of the attack mechanism must be undertaken to pinpoint the source of the intrusion. Depending on the complexity or type of attack, this process could take a significant amount of time, and, even if the geographic origin of the attack is confirmed, it may be difficult to determine who is responsible. This problem is exacerbated by the ability of hackers to redirect their attacks through other locations. Yet, for all the difficulty ascribed to attributing cyber attacks, the “attribution problem” may be overstated. The ability to break through the anonymity of cyber attacks and hacks is improving as evidenced by multiple notable private-sector attribution reports.[REF] In some cases, a devastating cyber attack could be sourced by placing the attack in the context of other global affairs. Additionally, while any one hacking incident may be difficult to attribute, a series or campaign of hacks gives more data points with which to identify the attacker. Still, the attribution challenge and anonymous nature of cyberspace do complicate U.S. responses to cyber incidents.
3. Offense-Dominated. For multiple reasons, cyberspace is currently considered an offense-dominated domain. It is easier, cheaper, and generally more effective to engage in offense than in defense. Cyber action, though, which sometimes takes months to prepare, takes place at the blink of an eye, and the types of attacks are constantly changing. There are also millions of potential targets vulnerable to exploitation. The attacker has to find just one hole to exploit, making cyber aggression an appealing and cheap form of asymmetric warfare. This attracts a whole range of bad actors, from cybercriminals looking to get rich quick to nation-states looking for top secret information or vulnerabilities in another nation’s critical infrastructure or warfighting capabilities.[REF]
U.S. International Efforts on Cybersecurity
Given that cyberspace is an environment defined by ubiquity, anonymity, and offense-dominance and that cyberspace also has physical components and people located in different places around the world, international efforts on cybersecurity are both important and difficult. They are important because passive or even active defense cannot always stop hackers, who see low-risk, high-reward opportunities everywhere. Working together on cyber issues includes military cooperation with allies as well as working together to strengthen civilian cyber defenses to make hacking more difficult and less lucrative.
Beyond cyber defense and offense, pushing and working with nations around the world to combat cybercrime and punish those who engage in aggressive cyber behavior themselves can help reduce the number of cyber attacks. Of course, relative anonymity and nations’ geopolitical goals that run counter to U.S. interests make such efforts more difficult. Additionally, differing approaches to privacy can also pose a stumbling block to U.S. collaboration with other nations.
U.S. efforts on international cybersecurity were first and most notably articulated in the U.S.’s International Strategy for Cyberspace. Released in 2011, this strategy’s express goal is to
work internationally to promote an open, interoperable, secure, and reliable information and communications infrastructure that supports international trade and commerce, strengthens international security, and fosters free expression and innovation. To achieve that goal, we will build and sustain an environment in which norms of responsible behavior guide states’ actions, sustain partnerships, and support the rule of law in cyberspace.[REF]
Such a goal is laudable, but the question is: How can the U.S. achieve this “open, interoperable, secure and reliable” cyberspace? The Obama Administration called for the development of norms that are based on freedom, privacy, property rights, the right to self-defense, and other principles.[REF] While the principles are excellent, they are limited in effectiveness since other nations do not necessarily hold these same values. It is unlikely that China or Russia will agree to a set of norms that include key protections of individual privacy, freedom to access the full Internet, or respect for property rights. Even among allies, differences over norms such as privacy may complicate meaningful cooperation.
The limits of norm setting is best displayed by the Budapest Convention on Cybercrime. As “the only binding international instrument” on cybercrime, the convention seeks to help nations in the development and implementation of counter-cybercrime programs.[REF] While this is a positive step in getting some countries to affirm their commitment to combatting cybercrime and promoting a free and secure Internet, arguably the largest sources of cyber threats, Russia and China, have not signed this convention.[REF] Furthermore, even some of the nations that have adopted the convention are not committed to or capable of fully implementing these norms. Ukraine is a prime example of a nation that has adopted the Budapest Convention but is a known haven for cybercriminals.[REF] Similarly, former Secretary of State John Kerry and National Security Agency head Admiral Michael Rogers advocated for international law for cyberspace.[REF] More specifically, Rogers advocated an Internet subject to global rules similar to the U.N. Convention on the Law of the Sea (UNCLOS), which provides a clear example of the challenges of multinational treaties.[REF]
While there are a myriad of potential problems with UNCLOS,[REF] the one most relevant to cybersecurity deals with how nations are supposed to settle disagreements through an arbitration panel. Quite tellingly, China has rejected the ruling of UNCLOS arbitration that the Philippines initiated against China over territorial claims in the South China Sea.[REF] If China will not submit to a law to which it is a signatory in the physical world, there is no reason to believe that China, or other aggressive cyber nations, will comply with nebulous international law in cyberspace.
Thus, while norms may establish some baseline for some nations to agree on certain aspects of cybercrime, norms development is not enough. The International Strategy for Cybersecurity seems to recognize this, as it also mentions the need for dissuading and deterring enemies. Even the strategy, however, depends on the Budapest Convention and international law enforcement cooperation for combatting cybercrime.[REF] Cyber deterrence must extend beyond just Budapest Convention signatories if it is to be truly effective at countering hackers.
For the past decade, the U.S. has generally preferred non-confrontational tactics, such as trying to cooperate with nations like China, despite their likely bad faith. General Martin Dempsey as Chairman of the Joint Chiefs of Staff and Hillary Clinton as Secretary of State both called for increased cooperation with China as the U.S. and China were, in the words of Secretary Clinton, both “victims of cyberattacks,” drawing a moral equivalence between the robber and robbed.[REF] However, after a long series of significant and publicized hacks by the Chinese government, the U.S. government came to recognize the need for more aggressive deterrent action against bad cyber actors. In 2013, the Obama Administration began to openly blame China for campaigns of cyber espionage directed at U.S. companies and government agencies, and in May 2014, it indicted five members of the Chinese People’s Liberation Army on charges of cyber theft, the first time the U.S. has taken legal action against a foreign government for cybercrimes.[REF]
Following the 2015 cyber breach of the Office of Personnel Management and at least 21.5 million personal records that included background investigations and security clearance data—believed to be the work of China—the Obama Administration laid the groundwork for firmer actions against malicious cyber actors. It promulgated Executive Order (EO) 13694, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” which made clear the Administration’s ability to sanction major hackers, their sponsors and supporters, and any beneficiaries of hacking who know the hacked material to be stolen.[REF] Instead of using this authority against any number of Chinese activities, the U.S. and China came to an agreement to stop cyber economic espionage and work together to stop cybercrime. This agreement represents a return toward the Obama Administration’s early policy of seeing both the U.S. and China as victims, misunderstanding China’s interests and strategy.[REF]
In the 2016 American election cycle, the Russian government undertook a series of hacks on U.S. election and political organizations, most notably the Democratic National Committee.[REF] The intelligence community identified the Russian government as the responsible party,[REF] and the Obama Administration expelled a number of Russian diplomats and intelligence officials living in the U.S. The Administration also, for the first time, used EO 13694 to sanction four Russian individuals and five organizations.
While the Obama Administration did take some (uneven) steps to advance the U.S. international cybersecurity agenda, the overall policy of the U.S. was defined by hesitance to respond firmly to cyber aggression.
Policy Options for Combatting Cybercrime and Espionage
If the U.S. is to take a more active role in combatting cybercrime and espionage, a more comprehensive set of policies is needed from across all elements of national power. Conceptually, many experts use diplomacy, information, military, economics (DIME) and MIDLIFE (military, intelligence, diplomacy, legal, information, finance, economic) to refer to categories of tools available to policymakers.[REF] In cyberspace, applying the all-tools-of-national-power approach means that the U.S. should consider the following policy areas as options for dealing with cyber aggression:
Preparing for and defending against cyber aggression:
Improving global cooperation in combatting cybercrime, and
Greater collaboration with allies and partners on cybersecurity.
Responding to cyber aggression:
Diplomatic responses,
Legal and economic responses, and
Strategic responses.
Preparing for and Defending Against Cyber Aggression
The U.S. is engaging with like-minded nations on cybersecurity through the Budapest Convention, NATO, and bilateral relations. The results of such relationships include the sharing of best practices to combat cybercrime, enabling information sharing on cyber threats and crimes, expanding and improving cybercrime legislation, enhanced law enforcement, and judicial cooperation including the extradition of cybercriminals, cybersecurity exercises, and military-to-military cooperation and training.[REF] It is time for the U.S. to build deeper ties and take greater action with nations that truly want to counter crime and economic espionage in cyberspace. The U.S. should strive to make existing cyber relationships more robust and meaningful by committing to more cooperation and defensive cyber measures.
Improving Global Cooperation in Combatting Cybercrime. Given the international nature of cybercrime, combatting it requires international cooperation. As mentioned, the Budapest Convention on Cybercrime is the primary mechanism for nations to cooperate on cybercrime investigations. Unfortunately, expansion of the convention to additional countries has ground to a crawl, and key centers of cyber criminality, such as Russia and China, as well as Brazil and India, will not join the convention. Russia and China directly benefit from a great deal of the hacking that occurs and have no incentive to participate in the convention. India and Brazil refuse to join on principle, as the convention was originally developed by Europe and select other countries without their input.[REF] While 52 nations have ratified the convention,[REF] significantly more ratifications are unlikely.
Thus, the U.S. is seemingly left with two options—pushing for deeper cooperation with those who have ratified the convention or pursuing expansion of the convention. These two alternatives are not necessarily mutually exclusive, but given that the pace of accessions to the treaty has slowed down, the U.S. would be better served working to deepen the commitment and collaboration among those countries that are party to the convention now. This means taking tangible steps that expand how law enforcement organizations work together to fight cybercrime.
Expansion of active cyber defenses that identify hackers is an example of such cooperation. Many countries currently outlaw any unauthorized access to computers in their country. This means that certain types of active defenses are technically illegal even though they may greatly help identify hackers. One such active defense is a beacon that is attached to a company’s files, similar to the way a LoJack tracker can be installed in cars, or dye packs attached to clothing or bags of money. When the files are stolen, a beacon is capable of reporting data back to the home network about where it is or who has stolen it. Such data would be extremely helpful to give to law enforcement but is likely illegal since the beacon accesses the hacker’s computer without his authorization. Essentially, laws meant to outlaw hacking are actually protecting hackers from counter actions by responsible, law-abiding organizations. The U.S. should revise the way in which such active defense measures are viewed, both informally and statutorily with our allies. Allowing U.S. and German companies to locate, but not destroy, a hacker’s computer, is in both the U.S. and Germany’s interests and would truly deepen international cooperation in stopping cybercrime.
Another way the U.S. can deepen cooperation on combatting cybercrime with partner nations is to expand tools used in combatting transnational criminal organizations (TCO) to cybercrime organizations. While individual hackers and hacktivists certainly pose a problem, many sophisticated cybercriminals are part of larger criminal syndicates that often are spread across multiple different countries. In 2011, the Obama Administration released a “Strategy to Combat Transnational Organized Crime,” including cybercrime as one of the areas that must be tackled. In part, this means having the domestic and international resources to investigate and find such organizations. It also means applying tools like the Racketeer Influenced and Corrupt Organizations (RICO) Act to cybercrime, and working with foreign governments to expand the use of RICO-equivalent laws against cyber criminals. In 2011, the Obama Administration requested that 18 U.S. Code § 1030—the Computer Fraud and Abuse Act—be added as one of the predicate offenses that can be used in a RICO case. Not only is RICO a useful tool in combatting criminal enterprises, it also opens guilty parties to further civil damages.[REF]
Another idea, proposed by a bipartisan set of policymakers and experts at the Center for Strategic International Studies suggested punishing nations that refuse to cooperate in combatting cybercrime. They suggest that “penalties for the noncooperative could mirror the Financial Action Task Force (FATF) ‘blacklist’ of noncooperative countries,”[REF] which applies to countries that are unable or refuse to help in combatting money laundering and terrorist financing efforts.[REF] The signatories of the Budapest Convention could move to create a FATF-like organization that monitors the cooperation that other nations provide in combatting cybercrime, espionage, and attacks. Nations may not sign the Budapest Convention, but they can be encouraged to take additional steps to combat cybercrime and assist other nations or otherwise face negative consequences.
Greater Collaboration with Allies and Partners. In addition to combatting cybercrime, nations must also work together to decrease their vulnerability to attack and reduce the consequences of a successful attack. Collaboration on cybersecurity defenses, technology, organizations, training, and exercises across both military and civilian portions of the network is an essential step toward cybersecurity. While no defense is perfect in cyberspace, more can be done to improve upon the status quo.
On the civilian side, constant and regular engagement among U.S. and foreign Computer Emergency Response Teams (CERTs) and Computer Security Incident Response Teams (CSIRTs) is a necessity.[REF] Such engagement must not only occur when there is a cyber incident, but must take place regularly to ensure that all sides know their counterparts and have developed formal as well as informal relationships. This requires that the U.S. and partner CERTs/CSRITs have the resources to deal not only with the technical and information-sharing aspects of cybersecurity, but also to build relationships with cybersecurity experts in other countries. The U.S. should encourage allies to expand cyber capabilities and expand cross-border training and exercises to prepare for cyber incidents.
Beyond the response aspects, the U.S. must also seek greater cooperation with allies on cybersecurity policies and strategies. While improved technical capabilities, trust, and relationships between those in the trenches on cybersecurity are critically important, policymakers and strategists are necessary to ensure that such capabilities and relationships are advancing U.S. and allied interests and objectives. The Russians and Chinese have each developed their own ways of integrating cyber weapons and tools into their hybrid or information warfare strategies. Indeed, they do not just have strategies on paper, but are putting them to work in Ukraine, the U.S. political arena, the South China Sea, and elsewhere.
The U.S. must have a fully formed cyber strategy that includes both civilian and military components. U.S. military planners and their international partners must consider how allied forces will fight in cyberspace. In 2016, NATO declared cyberspace to be a domain of warfare in the same way that the air or the seas are.[REF] Such a declaration is overdue, and preparations to fight in this domain must now play catch up. NATO members and other allies must make investments in cyber capabilities that will protect and advance military objectives, in addition to much-needed investments in traditional tools of warfare. The U.S. should push for expanded partner preparation and capabilities in the domain, offering assistance where it can. Similarly, training in cyberspace and hybrid conflicts are necessary to enable the U.S. and allies to be prepared for future conflicts.
Furthermore, policymakers need to devise ways of ensuring that the private sector is also playing a leading role in cybersecurity. Government-to-government cooperation on cybersecurity must ultimately be built on private-sector expertise and control. In many countries, including the U.S., critical infrastructure is primarily owned and operated by the private sector. Even in countries where this is not true, the private sector still provides the vast majority of the goods and services, faces countless cyber attacks, and serves as the greatest repository of expertise on cybersecurity. So, any government policies on cybersecurity require true partnership with, and reliance on, the private sector. This reality should not be lost in efforts to increase cooperation between governments but should inform the way policy cooperation occurs.
Responding to Cyber Aggression
While there is much the U.S. can and should do to defend against cyber aggression both independently and in conjunction with allies and partners, the U.S. should also go beyond just defending its systems. Given the nature of cyberspace as described earlier, defense will not always succeed. When faced with an offensive-dominated domain, the U.S. can instead seek to raise the costs of hacking through various types of retaliation. These forms of retaliation should be viewed as a toolbox that can be used and tweaked depending on the aggressor to which the U.S. is responding.
Diplomatic Responses. The simplest forms of retaliation are diplomatic protests.
Naming and Shaming Bad Actors. The first step that the U.S. and all likeminded nations should take to counter nations that engage in malicious cyber behavior is naming and shaming those nations. Quite simply, the U.S. can call out nations that engage in cyber aggression and demand they stop. While unlikely to change anything on its own, when done in concert with other allies and used as a signal for further actions, diplomatic shaming is an important first step toward raising the costs of cyber aggression.
Stopping Cooperation with Bad Actors. The U.S. and its allies should also cease all forms of cyber cooperation with nations that continue to engage in blatant and widespread cyber aggression. While engagement and cooperation is valuable among friendly nations and even those that are willing to do more to combat cybercrime but simply lack the resources, cooperating with unrepentant bad actors only ignores and rewards bad behavior.
Legal and Economic Responses. Travel and Commercial Restrictions. For individuals and organizations that are known to be connected to the beneficiaries of malicious cyber activity, the U.S. and its allies do not need to provide them with the privilege of entering their nations on business or pleasure. The U.S. has the right to deny a visa to individuals for a variety of criminal and security reasons under section 212 of the Immigration and Nationality Act (INA).[REF] For example, § 212 (f) allows the President to suspend the entry of “any alien or class of alien…[who] would be detrimental to the interests of the United States…as he may deem to be appropriate.” Using §212 (f) to restrict the travel or immigration of officials or businessmen involved with or benefiting from cyber aggression would clearly be within the President’s constitutional and statutory authority.[REF]
Additionally, the U.S. has the right to seek commercial restrictions against businesses that represent a clear danger to critical U.S. systems or those that have a close relationship with state-sponsored hackers. For example, Huawei and ZTE are major Chinese telecommunications companies that exist and operate at the pleasure of the Chinese government, since the regime considers telecommunications to be an industry of absolute state control.[REF] Given that both Huawei and ZTE have been accused of stealing intellectual property and exist within a sensitive sector that could be exploited by the Chinese government, Huawei and ZTE should be restricted from operating in the U.S. at least in areas that are deemed vital to U.S. security.[REF] Given that many allies, such as the United Kingdom, have conducted a substantial amount of business with these companies already, the U.S. should also investigate the risk that Chinese telecoms pose to its allies, and indirectly to the United States. This warning must not be used as a broad excuse for protectionism in other sectors where security concerns are not significant. Similarly, access to U.S. financial markets can and should exclude companies and individuals who participate in or are beneficiaries of state-sponsored cyber espionage.
Sanctions. When the U.S. has evidence that a nation-state, enterprise, or person is responsible for or involved in cyber attacks or espionage, the U.S. can pursue formal sanctions against that individual or entity. President Barack Obama, via EO 13694, created a framework for sanctions against such entities that are deemed to be
responsible for or complicit in, or to have engaged in, directly or indirectly, cyberenabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States.[REF]
As is well known to many by now, President Obama expanded the scope of his original EO from incidents that harm U.S. critical infrastructure and economy to include tampering with or interfering in election processes. In December 2016, President Obama used this EO for the first time to sanction two Russian intelligence agencies and three companies, as well as four individuals connected to Russian intelligence. The EO freezes the assets of these nine entities and individuals in the U.S. and prevents them from engaging in future transactions and from visiting the U.S. Such sanctions were the right move, but were too little, too late—the U.S. should have been responding more aggressively to cyber attacks for years.[REF] But now that the U.S. has finally started to use sanctions as a tool against cyber adversaries, it must build a clear record that the U.S. will respond to cyber aggression.
Legal and Criminal Charges. In cases with a significant amount of evidence pointing to individuals or organizations being directly involved in cybercrime and espionage, the U.S. can take legal action. Criminal cases based on various espionage and computer crime laws can and should be used to prosecute individuals responsible for the theft of intellectual property, proprietary information, and classified government information. The U.S. first used this tool against other nations in the cyber domain in May 2014, when it charged five members of the Chinese People’s Liberation Army with stealing business secrets from U.S. corporations. While these five individuals will never see a U.S. trial, it sets a critical precedent for the U.S. to treat state-sponsored economic espionage as a crime, punishable by law. This precedent could be applied in the future to other individuals or companies that are not in China but are found across the world and in the U.S. If a company assists with and receives information and tangible benefits from a state-sponsored campaign of economic espionage, the U.S. can pursue cases to seize that company’s assets or jail its executives that are within the reach of U.S. or allied authorities.
Such cases also show malicious cyber nations that the U.S. will not sit idly by, but will protect its companies and interests. This not only acts as a warning to bad actors, it also sends a positive message to U.S. businesses that the U.S. government is willing to support and defend them. Having other nations join the U.S. in this effort would place a great deal of pressure on individuals and companies that are connected to state-sponsored cyber economic espionage.
World Trade Organization (WTO) Action. For states that systematically support or engage in espionage or cybercrime against other nation’s businesses, the U.S. and its allies may have grounds to seek WTO relief.
In the cybersecurity, trade, and legal communities, there are different opinions over whether hacking and economic espionage by nation-states, such as China, break WTO rules.[REF] Specifically, the issue in many debates seems to be that “WTO rules create obligations for WTO members to fulfill within their territories and do not generally impose duties that apply outside those limits,” such that China only has an obligation to stop economic espionage on U.S. companies in China, not espionage that occurs in the U.S.[REF]
There are, however, other provisions of trade law and convention to which most countries, including the main cyber antagonists, China and Russia, are signatories.[REF] Specifically, as a member of the WTO, a nation is a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which requires each nation to uphold certain basic principles regarding the protection of intellectual property.[REF] The TRIPS agreement has two articles that could be used by the U.S. and other nations to retaliate against nations like China or Russia for their cyber aggression:
The TRIPS Article 73, “Security Exceptions.” The last provision of TRIPS allows a nation to take any action that it feels is “necessary for the protection of its essential security interests,” or for the “maintenance of international peace and security.” Using such a provision, however, would set a dangerous precedent that other nations could use as well, thus likely starting tit-for-tat trade wars.
TRIPS Article 2, “Unfair Competition.” According to Article 2 of TRIPS, all signatories of TRIPS are required to uphold various articles of the Paris Convention including Article 10, which reads:
(1) The countries of the Union are bound to assure to nationals of such countries effective protection against unfair competition.
(2) Any act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition.
This text specifies a treaty obligation that many state sponsors of economic espionage are not keeping. After all, stealing trade information, whether through traditional economic espionage or cyber espionage, and then giving this information to domestic companies for their use appears to neatly fit the definition provided in (2) above. Furthermore, to counter the arguments that WTO rules do not apply here, it would seem that such a standard, even if only “creat[ing] obligations for WTO members to fulfill within their territory,” still presents an obligation to stop state-sponsored hackers from engaging in widespread campaigns to steal business and trade secrets and profit from them, which would be unfair competition.
If a nation is not meeting its obligations under TRIPS and the Paris Convention, the U.S. can pursue legal action per Part 5 of TRIPS, which refers to Articles 22 and 23 of the 1994 General Agreement on Tariffs and Trade and the dispute-settlement procedures it established.[REF] Of course, this may require the U.S., other countries, and businesses to publicly disclose information that may reveal sources and methods of intelligence and security. This process is already beginning with private-sector cybersecurity agencies revealing technical security details in order to incriminate advanced persistent threats (APT) as seen in the Mandiant Report about APT 1 in early 2013 and many subsequent reports.[REF] Additionally, with the U.S. charging Chinese military officers with hacking in May 2014, the government has shown itself willing to lay out its technical and legal case against bad actors.
Of course, being able to legally prove in the WTO dispute-settlement process that any specific hacking event was part of a campaign of economic espionage would be difficult. But attribution, as mentioned, is not impossible, and a consistent and coordinated effort by the U.S. government and other nations that are victims of economic espionage could yield a strong, united WTO case against the Chinese, Russians, and other bad actors.
Before entering into a WTO dispute and preparing its case, the U.S. should also understand its objective. Should the U.S. win its case (and assuming the bad actor does not immediately take legitimate action to fix its transgressions), there are at least two outcomes the U.S. could seek through the WTO.
First, the U.S. could simply seek the moral high ground and diplomatic victory accompanying a verdict that a nation’s systematic economic hacking is contrary to it legal obligations through the WTO. Perhaps one of the strongest forms of naming and shaming, a collection of nations winning a WTO case against a nation engaging in economic espionage would be a major diplomatic victory. This decision could unite other nations against the offending nation and be used to leverage broader and more robust punitive measures.
Second, the U.S. could seek a WTO remedy, retaliation that is meant to bring the offending nations into compliance. Such a remedy could take several forms, including a significant increase in U.S. and other nations’ tariffs on certain goods from the offending nation[REF] or suspension of certain intellectual property (IP) right protections for the offending nation’s goods. The U.S. must be careful with such tools, especially the use of tariffs, as the U.S. benefits from trade, and raising the price of goods would also be harmful to U.S. consumers. It is also unlikely that all the nations that stood with the U.S. in the WTO would agree to place tariffs on certain goods, lessening the force of such retaliation. Despite such realities, tariffs should remain on the table as long as they are used in a manner that seeks to correct offending behavior.
An alternative retaliation, suspending IP protections[REF] for certain goods provided by the offending nation, is in many ways the most reciprocal form of retaliation, since economic espionage is usually aimed at stealing IP. The offending nation’s affected goods and companies would suffer serious reputation and legal damage, risking long-term damage to the sale and use of its goods, as well as future innovation. As with tariffs, there could also be harm to U.S. consumers and producers that must then navigate a market with protected and non-protected goods. This damage could be somewhat offset by the fact that U.S. producers can use relevant IP for their own benefit. The IP of some nations might be limited, which also limits the effectiveness of an IP-protection suspension.
Regardless, should the U.S. and its partners win a WTO judgment, they should use the available tools judiciously to encourage a change in the offending nation’s behavior, while avoiding harmful side effects to consumers and producers.
Strategic Responses. Finally, some nations may only be deterred from cyber aggression if they feel pressure on more fundamental issues, which differ from country to country. Territorial disputes, invasions, or other threats to democratic rule, such as Ukraine and Georgia in the case of Russia, and Taiwan and Hong Kong in the case of China, provide examples of pressure points that the U.S. can use to retaliate against cyber aggression. Standing up for Taiwan, Hong Kong, Ukraine, Georgia, and other countries is not only a good response to unrepentant cyber aggressors, but also important to U.S. foreign policy in general. More specifically, an example of a strategic response in Russia’s case might be supporting Ukraine’s defense of its territory through arms sales. Not only is it a unique way of responding to Russian actions in cyberspace, it also provides the U.S. a specific response to Russian aggression in Eastern Europe. Using these pressure points appropriately, tailored to the aggressor, provides the U.S. with some of its most powerful tools to retaliate against nation-states.
Another example of a strategic response that hits close to home is Internet freedom. States like Russia and China also depend on repression and censorship to maintain control of their populations, albeit using different techniques. While “democracy promotion” may seem to be a relatively minor activity, and one that the U.S. should be engaged in regardless of the threat, this policy option more than passively, indirectly, or softly supports democratic movements in authoritarian nations. In this context, democracy promotion includes a substantial increase in public, diplomatic, financial, and legal support for organizations and individuals that seek dramatic democratic reforms and challenge governments that do not respect individual liberty, the rule of law, or the right to vote for an opposition government.
Such policies directly challenge these authoritarian regimes, striking at their monopoly on power and information. At its most basic form, this means using U.S. public diplomacy to counter the growing tide of Chinese and Russian propaganda. With China and Russia doing all they can to portray themselves and their actions as legitimate and positive, the U.S. needs to return its public diplomacy measures to where they were in the 1980s, when the U.S. discredited the Soviet Union with audiences across the world, including within the Soviet Union.[REF] Sadly, U.S. public diplomacy fell into disrepair after the Cold War, as peace dividends and reorganizations claimed the effectiveness of this great tool. On the other hand, Russia and China actively challenge U.S. policies and leadership through their propaganda forces. The Russian and Chinese efforts in this arena are met with limited or ineffective responses from the U.S.
This must change—the U.S. must actively counter such propaganda both around the world and within these countries. Public diplomacy programs, such as the Voice of America, allow the U.S. to effectively promote a better image of the United States while countering anti-U.S. campaigns. To be more effective in countering anti-U.S. propaganda, U.S. broadcasts should be reformed, with operations manned by individuals dedicated to the U.S. and her values and with broadcasts that do not merely provide news but also include staunch support of U.S. policies and values.[REF] The U.S. should not be in the business of merely paying for another source of news—it should actively promote U.S. policies and principles while sharing news about the world from the U.S. perspective. Research into, and collection of, best practices in public diplomacy should be jump-started. Embassy officials should receive uniform guidance on how to more directly challenge disinformation and spread the truth about U.S. policies, as well as the truth about repression within various regions.[REF]
Going further, the U.S. should take a more active role in supporting dissidents and democratic activists. Such action also requires that U.S. public diplomacy mechanisms be reinvigorated. By using a variety of mediums, including radio, television, and the Internet, the U.S. can provide dissidents in repressive states with information and support. Radio Free Asia and the Broadcasting Board of Governors can more aggressively spread information and broadcasts and supply dissidents with technology that allows them to communicate with others and protect themselves from the prying eyes of the Chinese censors and police. The U.S. can offer similar tools, information, and protections to critics of Vladimir Putin through Radio Free Europe/Radio Liberty.[REF] The U.S. must also use its foreign aid appropriately to support pro-democracy and civil society programs and organizations. The U.S. is already accused of interfering in these nations[REF]—it might as well take the blame and forcefully support those who desire freedom, the rule of law, and basic human rights.[REF]
While these policies may be among the most strategic the U.S. could undertake, the use of all other tools should also be considered strategically. Some countries may not care about diplomatic repercussions, while others may not be greatly affected by legal consequences, limiting the usefulness of such tools to counter cyber aggression. Responding to bad cyber actors requires moving beyond cyberspace, using the full range of national power to tailor responses that are most likely to deter or punish their cyber aggression.
All Tools of National Power Needed
These policy options are just that—options. Very few circumstances call for action at the WTO or the use of serious strategic responses. In fact, in most cases, cooperation with other nations on beefing up cybersecurity and the enforcement of cybercrime laws is the most appropriate answer. Indeed, the U.S. needs to do many things to improve its international cybersecurity. While most of the responsibility for these actions falls to the Administration, Congress can also demand that certain actions, such as sanctions, be taken against bad actors. To that end, Congress and the Administration should:
Deepen collaboration on cybercrime among like-minded nations. The U.S. should look to create an acceptance for active cyber defenses that are not harmful, but allow better attribution of, and intelligence on, cyber threats. Laws and tools from the organized crime arena, such as RICO, should be expanded to cover TCOs engaging in cybercrime.
Expand cybercrime cooperation beyond current signatories of the Budapest Convention. The U.S. should create a cyber form of the FATF that combats money laundering and financing of terrorism. While they need not abide by all the terms of the Budapest Convention, non-signatory countries should still be pressured to take reasonable actions against cybercrime. Nations that do not assist in international cybercrime investigations, or do little to stop cybercrime within their territories, should be considered non-cooperative and face repercussions from members of the new cyber task force.
Improve cooperation with foreign civilian cybersecurity defense and response organizations. Beyond defeating cybercrime, the U.S. must also establish more regular interactions and cooperation with CERTs and CSIRTs of partners and allies to bolster cyber defenses. This means increasing cross-border information sharing and joint training and exercises for civilian security organizations.
Prepare to fight in the cyber domain with allies. The U.S. and its allies also need to develop the tools and capabilities to fight in the cyber domain. While NATO has taken some steps in this direction, far more needs to be done. Any future conflict will require offensive and defensive cyber capabilities that are well integrated into U.S. and allied warfighting strategies. Creating such capabilities requires a political will to engage in this new domain as well as the resources to develop the means of engagement.
Develop a robust policy of deterrence that tailors a proportionate U.S. response to the bad actors. Deterrence is in the mind of the adversary—he chooses to alter his behavior because he believes the costs are too high. The only way to achieve deterrence in cyberspace is to establish a clear pattern of policy and action that leads an actor to rethink his plans. The U.S. has a whole host of tools it can use to retaliate against any sort of cyber aggression, including diplomatic naming and shaming, cutting off cooperation, visa restrictions, commercial and financial limitations, sanctions, legal action, trade enforcement tools, action on other military or foreign policy matters, support to dissidents in malicious cyber states, and other tools not considered here. These tools should be used in a way that is tailored to fit the adversary and proportionate to the scale and effects of his aggressive action.
Create a new strategy for international efforts in cyberspace. The U.S. needs to articulate a bolder strategy for how it will operate in the cyber domain. From deterring and retaliating against cyber aggressors to reinforcing cybercrime defense efforts with allies, the U.S. should craft a new strategy that will direct the whole of government to protect U.S. interests in cyberspace. This strategy must also consider the central role the private sector plays and make use of its expertise and skills.
Using the Right Tools at the Right Time
It is past time for the U.S. to take the lead on international cybersecurity. Cybercrime harms people around the globe, state-sponsored economic espionage harms the creative and innovative private sector, and state-led attacks on political organs undermine faith in institutions and the authenticity of news. While criminals and certain nation-states may benefit from this, the vast majority of nations, companies, and individuals lose. The U.S. must take action to defend itself in cyberspace through cooperation with like-minded partners while deterring those that benefit from cybercrime and warfare. Doing so will make the U.S. and its allies safer, more prosperous, and freer.
—David Inserra is a Policy Analyst for Homeland Security and Cyber Security in the Douglas and Sarah Allison Center for Foreign and National Security Policy, of the Kathryn and Shelby Cullom Davis Institute for National Security and Foreign Policy, at The Heritage Foundation.
DJI Placed on the Entity List for Human Rights Abuses
Now Is Not the Right Time To Split NSA and CYBERCOM
Julian Assange Should Not Be Pardoned
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Shannon LNG Terminal, County Kerry
Plant Owner
Shannon LNG Inc
Hess LNG Ltd, Poten & Partners
Gas pipeline and terminal
Shannon, County Kerry, ROI
€500m
Plant Start-up
Hess Group, €500m
Arup Consulting Engineers, National Maritime College of Ireland, Cork Institute of Technology, Irish Naval Service, Focus Education Ltd, Murphy's Surveys Ltd (land surveys), BKS (aerial photography), Irish Hydrodata Ltd (underwater surveys),
Irish Geotechnical Services Limited (onshore geotechnical investigations), Seacore
Send out capacity of three million tonnes per annum
As the world begins to recognise the convenience and cleanliness of LNG as a domestic fuel the number of LNG regasification terminals under construction is rising. One of the latest to stake a claim in the LNG market and begin the construction of a terminal is Shannon LNG, an Irish company which is a subsidiary of Hess LNG, itself owned by Hess Corporation and Poten & Partners in a 50/50 joint venture.
Ireland currently imports 85% of its gas from the UK and being at the end of the pipeline chain is subject to higher wholesale prices. With the establishment of its own LNG terminal, gas can be sourced at more competitive prices. Shannon LNG was first established in 2003 by Paddy Power, an Irish oil executive who is now the managing director of the company. The project has been under serious development since 2006 when financial support was obtained and detailed planning, surveying and environmental assessment began.
In 2006 a Shannon LNG office was established in Shannon Development’s offices in Listowel, County Kerry. Planning applications were made to the An Bord Pleanala in Dublin in late 2007 and a hearing began in January 2008. In February 2009 An Bord Pleanala granted planning permission to Shannon LNG for the pipeline project. In 2007 a planning application was also lodged with Kerry County Council and the positioning of the pipeline and tie in to the national gas grid was discussed with the Commission for Energy Regulation (CER) and Bord Gáis Éireann (BGE). The project was approved by the An Bord Pleanala in February 2009 and by the CER in December 2009.
The project was expected to be ready to accept first shipments of gas by 2011-2012, but construction has not yet started due to regulatory issues. In January 2011, the CER announced the start of a consultation process to determine the regulatory procedure required for BGE Interconnectors linking the Britain and Ireland natural gas networks. In June 2012, the CER along with the European Commission proposed that all gas suppliers will be required to pay for use of interconnecters irrespective of whether they utilise them or not.
The proposal may result in subsiding UK-based industries supplying fuel to Ireland. The CER was expected to take a decision on this proposal in May 2012 but the consultation process is not expected to be completed until October 2014. The delay may lead to scrapping of the project.
Proposed site for the Shannon LNG terminal
The site proposed for the facility is on the 600-acre land bank owned by Shannon Development (the regional development agency) between the communities of Tarbert and Ballylongford (a 281-acre site). The site was chosen on the basis of the requirement for a sheltered berthing area with water depths greater than 13m at low tide. Shannon LNG has an ‘option to purchase’ agreement on the site, which was agreed with Shannon Development in 2006.
Infrastructure for the LNG terminal
The LNG terminal will consist of up to four double-skinned insulated LNG storage tanks with a capacity of 200,000m³ each and a network of jetties for unloading ships varying in volume between 70,000m³ to 265,000m³. A single regasification train capable of supplying up to 40% of Ireland’s gas requirements is also part of the project. It will have a capacity of three million tonnes per annum, or about 400 million cubic feet a day for electricity generation and domestic supply.
The development will also include a 26km 762mm diameter gas pipeline to connect the facility to the Irish national gas grid. The pipeline’s capacity will be nearly one billion cubic feet per day.
Survey and contractors
"Ireland currently imports 85% of its gas from the UK and is subject to higher wholesale prices."
In May 2007 Shannon LNG, Arup Consulting Engineers and a series of other contractors including National Maritime College of Ireland, Cork Institute of Technology, Irish Naval Service, Focus Education, Murphy’s Surveys (land surveys), BKS (aerial photography), Irish Hydrodata (underwater surveys) and Irish Geotechnical Services (onshore geotechnical investigations) carried out onshore and offshore site investigations to assess the stability of the land. These included ecological, geophysical, aerial and hydrographic surveys.
Shannon LNG has also been granted a foreshore licence for offshore site Investigation by the ROI Department of Marine allowing a number of offshore activities. In addition a jack-up drilling rig for offshore site was assembled in Shannon Foynes Port for offshore coring investigations by Seacore.
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Morocco is using energy-efficient technology in mosques and thus helping to mitigate climate change.
Veronique Hirner
veronique.hirner@giz.de
To combat climate change, Morocco’s Government is advocating greater energy efficiency and the use of renewable energies. The country’s mosques and their Islamic clerics are helping to make people recognise the benefits of saving energy.
There are around 52,000 mosques in Morocco and the Moroccan Ministry of Habous and Islamic Affairs foots the bill for some 15,000 of them – The ministry, which builds around 150 additional mosques every year aims to substantially reduce cots while raising citizens’ awareness of the benefits of renewable energies and energy efficiency. By 2030, Morocco intends to source 52 per cent of its electricity from renewable energy. With the country’s mosques and their imams acting as key ambassadors for the scheduled transition to clean energy, Morocco’s Ministry of Habous and Islamic Affairs has joined forces with the Ministry of Energy, Mines and Sustainable Development and two other state-owned partners to launch a scheme targeting the nationwide energy-efficient modification of the country’s mosques. This move is to create a new market for energy services and more jobs in the fields of energy efficiency and renewable energies, including corresponding basic and further training for experts.
Experts and multipliers receive training to promote the transition to clean energy
On behalf of Germany’s Federal Ministry for Economic Cooperation and Development (BMZ), the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH is supporting this Moroccan initiative with strategic advisory and training services. A key component of this project, which is being implemented as part of the Special Initiative on Stabilisation and Development of North Africa and the Middle East, focuses on enabling the private sector to deliver solutions for energy-efficiency and renewable energies itself in future. Given the lack of experts to date, the project has, for example, targeted freelancers in Agadir and Tangier in a bid to train them to develop and market energy projects for public and private customers.. Project activities have already resulted in some 262 new jobs.
To sensitise the population to this topic, imams and female clerics – mourchidates – are undergoing training in energy efficiency. The rationale behind this decision is that religious clerics have a high social standing in Morocco. In the interim, over 600 imams, mourchidates and officials from the Ministry of Habous and Islamic Affairs (31 per cent of them women) have already adopted arguments in favour of the transition to clean energy. By May 2021, more than 1,200 religious clerics are to have distributed their new knowledge in their communities, for example via their sermons. To achieve this, the ministry has drawn up guidelines with religion-based arguments promoting energy efficiency and wider use of renewable energies that it will distribute to the country’s imams and mourchidates.
Energy-efficient design and technologies for mosques
At the same time, and by way of an initial measure, more than 100 mosques have been fitted with energy-efficient technologies. For example, energy-saving lighting systems and solar water-heating plants will be installed at these ‘Green Mosques’. Energy costs for these mosques have been reduced by over 40 per cent. For the construction of new mosques, the project advocates for standards of energy efficiency to be included in public tenders. A new energy-efficient mosque was completed in Tadmamet, 40 kilometres from Marrakech in 2016.
Other institutions now want to follow the same model. The project now works with the Moroccan post, a body for student residences, and the ministries for energy and finance. The Moroccan post has already registered less consumption of energy in its buildings.
This work to modernize buildings for more energy efficiency is being carried out by Moroccan companies. The energy entrepreneur Yassine Alj is among those who have benefited from this experience. ‘We have been able to improve our work in the field of energy efficiency in public buildings and so become more internationally competitive, too.’ For the Moroccan companies, working on the project is thus an investment in the future – particularly as, looking ahead, there are plans to optimize energy use in other buildings in Morocco or to construct new ones.
Last update: July 2019
Faces and stories: Morocco: Yassine Alj, energy entrepreneur
ADVISORY SERVICES, PROJECT DESCRIPTIONS
Products and expertise: Environment and climate change Project description: Green mosques
GIZ worldwide
Maroc : Mosquées vertes (GIZ 2017)
Marokko: Grüne Moscheen (GIZ 2017)
Morocco: Green mosques (GIZ 2017)
Video: Green mosques and the transition to clean energy
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The 2030 Agenda, Mexican style
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Matthew Rink: Kobe’s real legacy
Kobe Bryant’s legacy is now shaped more by the indelible images of the 41-year-old father than it will ever be of the legendary athlete.
Watching from the lower level of Quicken Loans Arena, about 10 rows behind the Cleveland Cavaliers bench, I watched Kobe Bryant slip and slice his way to the hoop and nail his signature baseline fade-away again and again in a dazzling 38-point performance that seemed to come easy for the Los Angeles Laker.
It was March of 2006. The other guy on the court was LeBron James, who at the time was still a ringless, up-and-coming superstar who’d yet to make his mark on the NBA.
The Cavs and James, who scored 29, won that Sunday afternoon, 96-95. It was the only time I ever saw either NBA great play in person. The game itself holds no historic significance, but stands out to me personally, as it would for anyone fortunate enough to see both future NBA Hall of Famers share the same court. It was unforgettable.
A decade earlier, like many in Erie, I watched the local TV broadcast of Bryant and his Lower Merion Aces fend off a talented and scrappy Cathedral Prep team to win the state title. Bryant then leapt straight to the NBA — just as James would later do.
On Sunday, just hours after James passed Bryant for third place on the NBA’s all-time scoring list, the unthinkable happened, as Bryant, his 13-year-old daughter, Gianna, and seven others died when the helicopter they were traveling in crashed in California.
As the sports world mourns, the one image I can’t seem to get out of my head isn’t from that game I attended nearly 14 years ago, or any of the hundreds of highlights reels of Bryant’s 20-year pro career, but of the brief video clip I watched just last week of Bryant, the father, sitting courtside with Gianna.
His eyes fixed on his daughter, Bryant broke down the action unfolding before him between the Brooklyn Nets and Atlanta Hawks. Gianna, a gifted basketball player like her father, smiled ear to ear, taking in all of dad’s wisdom about the game. At one point during the exchange, it’s clear she finishes her father’s sentence, much to his delight.
In the hours since their deaths, more clips and photos like this have appeared on social media than of Bryant in his gold-and-purple uniform. Among them is an interview where Bryant talks about using a helicopter to navigate his hectic schedule to save time otherwise spent in traffic, all in an effort to spend as much time as possible with Gianna and his three other daughters.
It’s a heartbreaking reminder that money, talent and fame are no substitute for family. To me, as a fan, Kobe Bryant’s legacy is now shaped more by the indelible images of the 41-year-old father than it will ever be of the legendary athlete.
Erie Times-News staff writers share their views from behind the scenes, stories and bylines. Matthew Rink can be reached at 870-1884. Send email to mrink@timesnews.com.
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Tsuwano
Regions in Japan
Misasa Onsen
Mount Mitoku
Oki Islands
Yunogo Onsen
Situated at the base of an idyllic valley, Tsuwano is a small town which prides itself on traditional arts, crafts and literature.
“I loved making trips to Tsuwano for a relaxing afternoon. Although it is small and quiet, there is plenty to do. I would usually make my own paper, have lunch by the river, wander up to the shrine through all the red gates and then finish the day of in the town's hot spring bath”
Matt Spiller, Agents Manager
The view of the East side of the valley is dominated by a large red torii (gate) which marks the entrance to the town and to Taikodani Inari Jinja Shrine, which has over 1,000 red gates leading up to its location on the Western side of the valley.
The town itself is one of the best preserved medieval towns in Japan and is made up of historic samurai residences, shrines, temples, art museums and craft workshops. The streets are lined with shallow streams filled with thousands of colourful carp, originally stocked in the feudal era as a food source in case of siege.
On the second Sunday of April, Tsuwano holds its own yabusame horseback archery event under the cherry blossoms.
For more information email us: [email protected] or call: 303 952 0379
Weather in Tsuwano
The Climate Guide for Tsuwano, Japan is perfect for planning your holiday. Monthly weather averages give the best indication of what the weather is usually like for every month of the year including figures for temperature, rainfall and sunshine.
Max Daytime Temperature (°C) 6 7 10 16 20 24 27 28 25 20 14 9
Min Night-time Temperature (°C) -1 -1 2 7 11 16 20 21 17 11 6 1
Hours of Sunshine (Daily) 3 4 5 6 6 5 5 6 5 5 4 3
Hours of Daylight (Daily) 10 11 12 13 14 14 14 13 12 11 10 10
Heat and Humidity Discomfort None None None None None None Moderate Moderate Low None None None
Days with some Rainfall 22 20 20 16 15 18 18 16 17 13 15 20
Monthly Rainfall (mm) 73 86 144 167 180 303 304 186 197 100 76 55
UV Index (Maximum) 3 4 6 8 9 10 11 10 8 6 4 3
Inside Japan Accommodation Styles
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Snap to Price IPO at $17/Share, Giving Company Nearly $24 Billion Valuation
by Nick Salerni – Wed, March 1, 2017
Snap Inc., the parent company of the popular app Snapchat, will reportedly be pricing its IPO (initial public offering) at $17 per share, valuing the company at approximately $24 billion.
With this IPO pricing, the company is putting around $4 billion in cash to its investors. This was an increase from the original $3 billion estimate, which would have priced the stock at around $15 per share and giving the company a valuation of $21 billion.
Just like Twitter, Snapchat was unable to generate a profit going forward and expects to post a loss for the foreseeable future. Snapchat recently passed Twitter in terms of the number of active users, which means the social network is continuing to grow and gain traction among the younger demographic.
Snap and its investors seem very confident in the company, and given today’s pricing, there still seems to be a large appetite for investment. Anyone who buys shares of Snap is putting all their faith behind the two young founders, as the shares do not come with any voting rights for how the company is run.
[via Business Insider]
Study Claims Canada has the Most Affordable Internet in the World
Nick Salerni
Wed, March 1, 2017
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Home >> TNFSUA2020 >> CHAPTER 7 TRIBUNAL OF ARBITRATION
Section 44 in The National Forensic Sciences University Act, 2020
Title: Tribunal of Arbitration.
Description: (1) Every employee of the University shall be appointed under a written contract, which shall be retained by the University and a copy of which shall be given to the employee concerned. (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board of Governor, one member nominated by the employee concerned and chaired by an umpire appointed by the Central Government. (3) The decision of the Tribunal of Arbitration shall be final and no suit shall lie in any civil court in respect of the matters decided by the said Tribunal: Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution. (4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996). (5) The procedure for regulating the work of the Tribunal of Arbitration shall be laid down in the Statutes.
Title: Redressal for debarment from examination and disciplinary action against students.
Description: (1) Any student or candidate for an examination whose name has been removed from the rolls of the University by an order or resolution of the Vice-Chancellor and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such order or copy of such resolution by him, appeal to the Board of Governors and the Board of Governors may confirm, modify or reverse the decision of the Vice-Chancellor, as the case may be. (2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 44 shall apply to a reference made under this sub-section.
Title: Disputes as to constitution of authorities and bodies.
Description: If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Board of Governors for decision.
Title: Power of Central Government to make rules in respect of matters relating to Board of Governors.
Description: (1) The Central Government may, after previous publication, make rules to carry out the purposes relating to the Board of Governors. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner of filling vacancies among the members of the Board of Governors; (b) the disqualifications for being chosen as, and for being a member of the Board of Governors; (c) the circumstances in which, and the authority by which, members may be removed; (d) the meetings of the Board of Governors and the procedure for conduct of business; (e) the travelling and other allowances payable to members of the Board of Governors; and (f) the manner in which functions of the Board of Governors may be exercised.
Title: Acts and proceeding not to be invalidated by vacancies, etc.
Description: No act of the Board of Governors or any other body set up under this Act or the Statutes, shall be invalid merely by reason of— (a) any vacancy in, or defect in the constitution thereof; or (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case
CHAPTER 7 TRIBUNAL OF ARBITRATION
Tribunal of Arbitration. : (Section 44 in The National Forensic Sciences University Act, 2020)
Redressal for debarment from examination and disciplinary action against students. : (Section 45 in The National Forensic Sciences University Act, 2020)
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Nana Patekar extends help to the families of the deceased farmers: A list of suicides reported in In
Nana Patekar extends help to the families of the deceased farmers: A list of suicides reported in India
Number of suicides that have been reported from all over India.
UPDATED: August 24, 2015 17:48 IST
In 2014, over 5,600 farmers committed suicide due to poverty
Poverty is not unfamiliar to India and every day, we hear and read a lot of sad and pitiful stories about farmers who commit suicide due to it. The reasons for it also include monsoon failure, high debt burdens, genetically modified crops, government policies, public mental health, personal issues and family problems.
We might like to blame it on the British who robbed India of its resources but even after 69 years of Independence from them, we have not been able to provide basic facilities like water and electricity to the poor lot let alone helping the poor farmers with some money when they need it the most.
Indian actors Nana Patekar and Makarand Anaspure have decided to help the families of the deceased farmers with some financial assistance. He has also been visiting these families to hand over the money himself. Patekar is also trying to start a conversation with the government to assist their cause. Nana has visited 112 widows in Marathwada Beed and now he plans to interact with 700 more in Nagpur, Latur, Hingoli, Parbani, Nanded, Aurangabad, Usmanabad, Jalna, Bhusawal, Jalgaon, etc.
Let's look at the number of suicides that have been reported from all over India:
In 2012, the National Crime Records Bureau of India reported 13,754 farmer suicides
The highest number of farmer suicides were recorded in the year 2004 when over 18,000 farmers committed suicide
Maharashtra is by far the epicentre of these suicides, with over 10,000 recorded between 2011 and 2013
More than 3,000 suicides have been reported collectively from Maharashtra, Telangana, Karnataka, Andhra Pradesh and Kerala in 2015
In 2013, out of a total of over one lakh suicides, cases of farmer suicide were recorded at 8.7 percent. The number is 11,772
It is said that every planting season, the farmers are forced to buy seeds, increasing poverty and indebtedness, which compels them to commit suicide
A report by Dilasa Janvikas Pratishthan says that out of the 247 suicide cases, 75 percent had committed suicide due to the burden of unpaid loans
The report by the NGO also said that 30 percent of farmers were between the age of 20-30 years, whereas the remaining were 30-40 years old
Last year, over 5,600 farmers committed suicide, according to the National Crime Records Bureau. Of this, 857 farmers took the extreme step due to bankruptcy and indebtedness
Over all, from the year 1999 to 2003, 84,214 farmers committed suicides in India.
What more do you think can be done to help the farmers and stop the suicides?
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N.J.’s structural masterpieces showcase the handiwork of world-famous architects
by Connor Iapoce | For Jersey's Best November 27, 2020
Architectural feats mix art and beauty with mathematics and physics, both respecting and defying the laws of gravity. Architects live on through their works, the fully realized creation of their design vision. Lines and curves turn into walls and corners and step by step create the most beautiful representation of human ingenuity.
The Garden State is home to some of these works, existing in both public and private settings. Whether it is a home, museum or public building, New Jersey’s timeless representations of the brightest minds in arts and architecture make it a premier spot for art and science. Design shapes the world around us, so here are a few great examples in New Jersey from some of the world’s greatest architects.
The backyard of Frank Lloyd Wright’s Stuart Richardson House in Glen Ridge. Photo courtesy of Frank Lloyd Wright Foundation
One of the most revered American architects in history, Frank Lloyd Wright (1867-1959) designed more than 1,000 architectural works with over 500 realized in the United States over seven decades, including “Fallingwater” and the “Solomon R. Guggenheim Museum.” In New Jersey, Frank Lloyd Wright designed three private homes under his “Usonian” design plan for the American middle class. One of the most notable is the 1,800-square-foot Stuart Richardson House in Glen Ridge, which was designed in 1941 for Stuart Richardson, built 10 years later and features an unconventional and perfectly Wright design.
Inside the Stuart Richardson House. Photo courtesy of Frank Lloyd Wright Foundation
With a unique hexagon unit system and based on an equilateral triangle, the entire home’s geometry is formed by 60- and 120-degree angles. No right angles. Another unique fact about the house is the nickname given by Wright for the house, calling it “Scherzo” after Richardson’s passion for music, with a musical notation pattern along the living and master bedroom. It was recently listed on the real estate market for $1.2 million.
Stickley’s ‘Log House’ in Parsippany-Troy Hills, which was preserved in 1989 and designated as a National Historic Landmark with Stickley’s original furniture and craft. Photo courtesy of The Stickley Museum at Craftsman Farms
A leading pioneer in the Arts and Crafts movement, Gustav Stickley (1858-1942) is considered the leader of the American movement. Dreaming of an architectural masterpiece, Stickley’s planning and design took place at his own Craftsman Farms, located in Parsippany, off of Route 10. Stickley lived and worked there from 1910 to 1914, where he designed a dozen buildings that still stand today. His main building is known as the “Log House,” which was preserved in 1989 and designated as a National Historic Landmark with Stickley’s original furniture and crafts.
Some of Stickley’s craftsmanship on display inside the museum. Photo courtesy of NJ Advance Media
It was constructed from chestnut logs from the property’s woods, and he originally designed the house to be a “club house” for workers, students and guests, eventually updating his design of the upstairs to include his family’s living arrangements. Today, the 30 acres makes up The Stickley Museum at Craftsman Farms owned by the township of Parsippany-Troy Hills. (The museum is temporarily closed for tours due to COVID-19, but is typically open Thursday to Sunday year-round.)
Louis Kahn’s Trenton Bath House in Ewing Township. Photo by Oono Yusuke
Architect Louis Kahn’s Trenton Bath House and Day Camp Pavilions is not only a hugely influential design but a turning point in Kahn’s career, too. Located within nearby Ewing Township, the “bath house” was commissioned by the Trenton Jewish Community Center and opened in 1955. It was meant to serve not as a bathhouse, but an entrance and changing room for the swimming pool. The design was touted as an icon of modern American architecture. Its design was based on four rooms, including the basket room, two changing rooms and a porch, forming a cross along the sides of the central open air atrium. The porch then leads to a staircase that rises to the pool. Each of the rooms has a pyramid-shaped roof, where sunlight enters through gaps above the side walls and through the apex of the roof. There are no doors within the changing rooms, but privacy is still found as patrons walk around the edges of the walls inside and are hidden from the view of other visitors.
Each of the rooms in the bathhouse has a pyramid-shaped roof, where sunlight enters through gaps above the side walls and through the apex of the roof. Photo courtesy of NJ Advance Media
Kahn’s mural at the main entrance used angular and circular shapes that brought to mind the mosaic floor of the ancient Roman Baths of Caracalla. Kahn’s vision for the bathhouse, including his organizational relationships between buildings and the outdoor space, transformed his career. The Trenton Bath House is seen as one of his greatest works and a testament to his signature style. After it was dilapidated for many years, the site was recently restored by Mercer County in 2011. (The site is currently open to the public on weekdays from 9 a.m. to 2 p.m., but you must email in advance: tforst@ewingnj.org.)
The Glenmont estate in West Orange is part of the Thomas Edison National Historical Park, preserving both the private and public life of one of the world’s greatest inventors. Photo by Daniel Berek
Science and art collide at Glenmont in West Orange, the estate of famous inventor Thomas Edison. The house was designed by Henry Hudson Holly, who would later design Edison’s West Orange laboratory, his “Invention Factory.” The Glenmont estate was purchased by Edison in 1886, where he moved his family and new wife Mina. The design of the home fit the man; it was a technologically advanced home at the time it was designed in the early 1880s. The home had hot and cold running water, central heating, refrigeration with ice and indoor bathrooms that had flush toilets.
The interior of the Glenmont estate contains 23 rooms with two-and-a-half baths, a semicircular conservatory, 23 fireplaces and 94 windows. Photo by Chico Goya
The architectural specs of Glenmont give it an impressive size at 125 feet long and 54 feet high. Its interior contains 23 rooms with two-and-a-half baths, a semicircular conservatory, 23 fireplaces and 94 windows. Edison’s arrival brought electricity to the house in 1887, as well as six more bathrooms on the second floor. Glenmont may be derived from the nearby glen, as well as the home sitting on the “mount” of the property, creating the vernacular Glenmont. Today, the estate is part of the Thomas Edison National Historical Park, preserving both the private and public life of one of the world’s greatest inventors. (The property is open on select days and times. Click here for more information.)
The Emlen Physick Estate represents the particular nature of the famous Victorian lifestyle in Cape May and remains one of the most popular attractions in the area. Photo courtesy of Cape May MAC
A striking and playful house is one of the centerpieces of Cape May’s famous Victorian architecture. The Emlen Physick Estate was built in 1878 for Dr. Emlen Physick and his family. Acclaimed (and notably eccentric) architect Frank Furness designed the house, and his bold touch made the house a unique representation of the Victorian era. Its exterior is seemingly oversized with huge upside-down chimneys, hooded dormers and large brackets on the front porch.
Extravagance and strange are the key themes when walking through the Emlen Physick Estate. Photo courtesy of NJ Advance Media
The interior combines strange fireplace mantles and extravagant woodwork on the stairs, with many original furnishings throughout the space. During the Christmas season, Victorian decorations will accentuate every room. Today, the Physick Estate is the home to the Mid-Atlantic Center for the Arts and Humanities and serves as an estate museum. It represents the particular nature of the famous Victorian lifestyle in Cape May and remains one of the most popular attractions in the area. (Tours are being conducted during the pandemic, and you can learn more by clicking here.)
Find style and beauty in every line, as architectural masterpieces stand strong in the Garden State.
2 comments on “N.J.’s structural masterpieces showcase the handiwork of world-famous architects”
Aidah Di Leoni on November 30th, 2020 - 11:12am
These are such magnificent works of art. I hope to visit several of the estates. I worked for the Preservation Society of Newport County in Newport, Rhode Island. I had the distinguished privilege of working at the Cornelius Vanderbilt Estate The Breakers. The Breakers is a 75 room Italian Renaissance Villa Vanderbilt summer cottage. Anderson Cooper’s mother Gloria Vanderbilt spent part of her childhood growing up in The Breakers.
We have two Frank Lloyd Wright homes in our county. I have been a guest in one of them. I have also visited his wonderful Falling Waters in Pennsylvania. Thank you for publishing this article.
Sanchita Datta on December 29th, 2020 - 3:05pm
Awesome! The Breakers is such a magnificent estate.
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Yemeni army kills seven Islamists in south
ADEN - At least seven Islamist militants were killed near the southern Yemeni city of Lawdar on Thursday in clashes between government forces and an al-Qaida-linked group, a local official told Reuters.
The impoverished country slipped into a state of chaos after the outbreak of protests a little over a year ago that culminated in the ousting of former president Ali Abdullah Saleh under a deal brokered by Yemen's rich Gulf neighbors.A Yemeni Defense Ministry news service said in a text message that four of the militants, members of Ansar al-Sharia (Partisans of Islamic Law), were Somalis.
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Why are they immortalised with a statue at The Arsenal #1 – Tony Adams (Mr. Arsenal)
By Admin Pat - 7 April 2020, 8:54
In the second of my series regarding the “Immortals” who have been honoured with statues outside The Emirates, I’m going to take a look at Tony Adams. His nickname was ‘Mr. Arsenal’ and I believe that any supporter of our club who saw him play will identify with that name.
I am not going into the personal side of his life, as this doesn’t impact on the club’s decision to honour him in such a way. But I would urge anyone who has not read his autobiography “ADDICTED” to sit down in a quiet room and marvel at the inner strength and determination shown, something that shone through his playing days at The Arsenal. I salute you Tony, for this book and its contents. You inspired me in my own life, both personal and football.
Tony Adams was born on the 10/10/1966 and joined our club as a schoolboy in 1980 and three years later, a month after his seventeenth birthday, he made his first team appearance against Sunderland. He followed this, at the age of twenty-one, by becoming Arsenal’s youngest ever captain and it was a position he would hold until he retired.
The media nicknamed him “Donkey” and opposing fans would bray at him every game he played. But this seemed to just drive him forward and he held the league title aloft, following George Graham’s finest hour when we beat Liverpool 2-0 at Anfield.
He then led our club to its second double in 1993, including the header that saw us beat the Spuds at Wembley in the semi-final of the FA cup.
In 1994 he was part of a defence that saw off Parma against all the odds, winning our second European trophy.
With the arrival of Arsene Wenger, we saw a different Tony Adams. He was encouraged to be more attack-minded and we all remember “that goal” against Everton, the final nail in yet another title-winners medal.
In his last season and despite being plagued by injuries, Tony went out in style, captaining yet another double in 2002.
The back four he managed with utter ruthlessness included Dixon, Bould and Winterburn under GG and they were described by one person as “an iconic unit” – we knew that once we went ahead this defence would see anyone off, and 1-0 to The Arsenal was born and sung until the present day. These four players cost just £1,000,000 and Adams was the conductor, the maestro and the leader of this brilliant defence.
His international career saw him win 66 caps between 1987 and 2000, leading his country a total of 15 times.
Tony retired at the age of 36, becoming a club legend, a one team player, and an inspiration to his teammates and the fans alike.
He was offered many opportunities to leave, but never hinted that he wanted to go elsewhere. I believe Tony and The Arsenal were joined at the hip and the club stood by him through the good and bad times.
The word “legend” is bandied about these days for really minor things, but when one looks at this man, his fight with his personal demons, his dedication to our club, his immense presence on and off the field and his ability to walk the walk and talk the talk (as he described in his book), the word legend sums this man up completely.
Tony Adams, I salute you for being the man you are, for loving the club as much as I do and just being a normal bloke.
Adams and Arsenal = Inspirational:
ken1945
Admin Pat
7 April 2020, 8:54
What a brilliant post, Ken!! I love this guy for everything he achieved, for the leader he was, for fighting and winning his battle against those demons and for just being himself – the absolute legend that is Mr Arsenal!!! Thank you for everything Tony ❤
RicSAAlao says:
Good Sir. Honour to whom honour is due.
Abubakar Abdussamad says:
I salute and respect my special and captaincy Arsenal legend, TONY ADAMS
Ken , my old chum, a new career as writer awaits you! What a marvellous read! And as you say so eloquently, what a player and more important EVEN than that, what a man!
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Trump may turn to Giuliani again to defend against impeachment
Politics United States
President Donald Trump may turn to Rudy Giuliani to defend him against possible impeachment over his role in last week’s violent siege of the U.S. Capitol, according to two people familiar with the matter.
One of the sources, an outside adviser to the White House, said Giuliani was expected to play a lead role in any impeachment effort. The other source familiar with the situation said Giuliani, a personal attorney of the president, would likely provide the kind of representation Trump wants.
Giuliani, 76, led the legal team that tried unsuccessfully to overturn Trump’s election defeat. It failed to produce any evidence of significant fraud and lost dozens of court cases in key battleground states and at the Supreme Court before President-elect Joe Biden’s victory was confirmed.
Giuliani’s own reputation was battered during the often chaotic legal campaign. In one news conference, brown dye dripped down his face as he laid out false claims of election fraud, and he was ridiculed for another event held in the parking lot of a Pennsylvania landscaping company next to a sex shop.
The former mayor of New York City did not respond to requests for comment on his role in a possible impeachment trial, and the White House declined to comment.
Democratic members of the House of Representatives are expected to introduce articles of impeachment this week, accusing Trump of inciting a mob of his supporters to storm the U.S. Capitol last Wednesday.
If the House votes to impeach Trump, he would then face a trial in the Senate. While a House vote could come quickly, Senate Majority Leader Mitch McConnell has suggested that there would be no Senate trial until after Trump leaves office.
House Majority Whip James Clyburn also said on CNN that lawmakers might wait to send the impeachment article to the U.S. Senate for a trial to give Congress time to approve Biden’s Cabinet nominees and other agenda items.
Trump’s choice of lawyers to defend him may be limited.
He has had trouble attracting top-notch legal talent dating back to former Special Counsel Robert Mueller’s probe of Russian interference in the 2016 presidential election, and the widespread condemnation of the violence at the Capitol may discourage others from signing up.
White House counsel Pat Cipollone helped lead the defense team during an impeachment trial last year, when Trump was accused of abusing his power by asking Ukraine’s government to announce investigations to discredit Biden, his Democratic political rival.
But Cipollone considered resigning last week after the siege at the Capitol, according to a source, and he and other White House lawyers will be out of their jobs anyway when Trump leaves office on January 20.
Longtime personal lawyers for Trump such as Jay Sekulow are not expected to defend the president, people familiar with the matter said, although Sekulow has been involved in everything from the Mueller probe to the impeachment over Ukraine to fighting a subpoena for Trump’s tax returns.
Alan Dershowitz, the Harvard Law professor emeritus who argued as part of the defense in Trump’s impeachment trial last year, told Reuters on Friday that he would be honored to help defend Trump given the First Amendment issues, if asked.
But on Sunday, he said he had not made a decision. He also said he did not think there would be a meaningful role for a lawyer this time around, with a quick impeachment in the House and unlikely trial in the Senate.
Giuliani has been an outspoken Trump supporter since his first run for president. He became a personal lawyer for him during the Mueller probe, which found that Trump impeded the investigation but stopped short of concluding he had committed a crime.
Giuliani’s own pressure on Ukraine helped lead to Trump’s impeachment trial last year and he also played a role in events leading to the violence at the Capitol, which led to the deaths of five people, including a police officer.
At a rally before the riot, Trump repeated his false claim that he had won the election and told supporters to march to the Capitol and “stop the steal.” Giuliani also gave a speech at the rally, saying, “Let’s have trial by combat.”
Some lawmakers have said Giuliani should be disbarred.
Other lawyers who defended Trump in the earlier impeachment including Ken Starr, Jane Raskin and Robert Ray would not say whether they would do so again.
Ray, a former independent counsel, said he saw inciting violence as a viable legal theory, but that Trump’s defense would likely be that he was trying to make a political point, not harm anyone or incite violence.
“Reasonable people could disagree about that,” said Ray. But, he added, going forward with impeachment was “not in the country’s best interest.”
There’ll be improvement in security this year -Buhari
NDDC: Expose me with facts – Malami reacts to Akpabio ‘bribe’
Governor Wike is spreading COVID -19 in Rivers state – APC
COVID-19: My administration will move heaven, earth to get people vaccinated – Joe Biden
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Let’s build bridges not wars, urges Congo’s Tshisekedi
By PETER MUNAITA
Democratic Republic of Congo President Felix Tshisekedi is striking the right chords with Africa’s business and political elite.
From fronting DRC as the answer to Africa’s energy and water problems to rooting for sub-regional groupings to play an increased role in mediating conflicts, Mr Tshisekedi sounds is passionate.
“Basically countries will always be neighbours and we are all passing actors. Small wars and disputes are useless and a waste of time. That time would be better spent in addressing the aspirations of our people,” Mr Tshisekedi said when asked how he hoped the conflicts in the Great Lakes region, which all touch on DRC, would be solved.
Starting with the armed groups in his country which he has vowed to neutralise, Mr Tshisekedi, said their motives were more commercial than ideological.
“The militias are petty business people and illegal peddlers of natural resources like minerals and timber. They are getting followers out of social realities like lack of jobs. We want to integrate these people into the society through the co-operation of other countries involved,” he told delegates at the Africa CEO Forum held in Kigali, Rwanda on Tuesday.
He said he would look to move the country forward with progressive policies such as those pursued by President Paul Kagame in raising Rwanda from the ashes of the Genocide Against the Tutsi to one of the world’s business and political success showcases in a short 25 years.
He said the Great Lakes countries should concentrate on common interests such as exploitation of methane gas at Lake Kivu, which is on the Rwandan side close to the DRC border, and hydroelectric power at River Rusisi to help the countries diversify their economies. “These should be co-ordinated for development and peace,” he said.
He said DRC was ready to offer its resources and opportunities to other African countries, pointing out that Congo River, in particular, could alleviate disputes on the River Nile, such as that pitting Ethiopia and Egypt over the construction of the Grand Renaissance dam.
Congo River, through the Inga dam, plans to bring through 44,000 megawatts of power in eight phases the first of which has started.
There are 100 other sites in DRC that can generate another 16,000 megawatts. “If developed, this energy can be distributed across Africa, helping address the energy deficit that hinders industrialisation and resolve water wars such as that over the Nile,” he said.
From River Congo, Mr Tshisekedi said water would be pumped to replenish Lake Chad through the Transaqua Project, whose basin supports more than 20 million people.
Since becoming President, Mr Tshisekedi has visited regional countries including Kenya, Uganda and now Rwanda at a time when the latter two are trying to resolve a dispute over movement of goods across their borders en-route to Mombasa port in Kenya.
“I have discussed with Presidents Yoweri Museveni and Paul Kagame on the matter but I will not go into detail. What I can report is that the dispute will not escalate into a war. We are builders of bridges not wars,” Mr Tshisekedi said.
On reconciliation, Mr Tshisekedi said conflicts – be they trade or political in nature – cannot be solved from Addis Ababa where the African Union is based.
“Sub-regional groups helped avert post-poll conflict in DRC even after we knocked on doors of international friends. Ecowas did the same in Burkina Faso in 2014, SADC recently in Zimbabwe and IGAD in South Sudan.”
To safeguard stability that is key for the success of integration under the African Continental Free Trade Area (AfCFTA), Mr Tshisekedi called for a convergence criteria to eliminate conflict.
During his visit to Rwanda, Mr Tshisekedi and Mr Kagame opened a new era in Rwanda-DRC relations by focusing on regional integration and stability which are key to unlocking the potential in the Great Lake’s region.
Dennis Oliech at the double as Gor cage Zoo in Kericho
Tusker end five-match skid with Kariobangi Sharks win
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Star Wars: The Last Jedi Cast on Characters, Carrie, Story and More
Kidzworld has the interview with the cast of Star Wars: The Last Jedi
By: Lynn Barker
In Star Wars the Last Jedi, rebellion characters face many dark and challenging moments. The galaxy is in full war mode with each character having to make very hard decisions. Rey is developing her powers with the help of Luke Skywalker as the Rebels prepare for full on war with The First Order. Will long dead secrets be revealed?
Luke is wary of Rey's great power Courtesy of Lucasfilm Ltd.
The Cast met recently in L.A. to answer a few fan questions. We have Mark Hamill (Luke Skywalker), Daisy Ridley (Rey), Adam Driver (Kylo Ren), Oscar Isaac (Poe Dameron), John Boyega (Finn), Kelly Marie Tran as new character Rose Tico, Laura Dern (Admiral Holdo), Domhnall Gleeson (General Hux), Gwendoline Christie (Captain Phasma) and Andy Serkis (who motion captures and voices the evil Snoke).
Andy Serkis in motion capture gear Courtesy of Lucasfilm Ltd.
The group talks the legacy of Carrie/Leia, strong women characters, changes from the last film and more!
Q: The film, like The Empire Strikes Back in the first trilogy, is darker for our heroes. How does it feel different for you?
Mark Hamill: My answer will be in direct proportion to the amount of screen time I have (laughter…he doesn’t have much).
John Boyega: I just think the story’s moving forward and just challenging the characters and then all the characters are under intense pressure, and so it’s a time which everyone has their own specific reckoning, and it’s all different. It’s like a lot going on. I’ve only watched it once and the first thing is that I want to watch it again because of the amount of information and Easter eggs in there as well.
Oscar Isaac: Yeah, the first chapter in a story of three sets the tone and the world and the new characters. In the second one you don’t have to spend so much time doing that, you can really just delve into what’s happening, like John said, to the conflict of each of the characters. Every character is challenged deeply, including the droids, with like the biggest challenges they’ve ever faced, and that’s how you’re able to really get to learn about them, on all sides of the spectrum, from light to dark.
Daisy Ridley: I mean, the biggest thing for me when I read the script was about not being a team (with John as Finn) so much in this one. The film was a challenge for me to be in different combinations of people. So in itself, we’re in different situations, we’re with different people that we are learning about and we’re meeting for the first time, so yeah, felt pretty different for me.
John Boyega and Daisy Ridley talk to press Courtesy of Lucasfilm Ltd.
Q: And for you “bad guys”?
Andy Serkis: I mean, I was blown away when I saw the movie. I just was so caught up with it, not least because it was really intimate and very emotional and I wasn’t expecting that at all. It balances between these great kind of epic moments and hilarious antics, you know, literally flipping on a dime and then going right into the heart of these beautiful characters, and you really caring.
Gwendoline Christie: I think Star Wars is our foundation story of good against evil, and where that balance is, and how we see elements of characters we’ve never seen before, things that can be unexpected. The world that we live in is a changing and evolving place, that it retains the simplicity of those elements, but it really resonates with what it is to follow your own human dark narcissistic tendencies, where that will take you, and I love that, and it’s done so beautifully aesthetically too.
Phasma with her troopers Courtesy of Lucasfilm Ltd.
Q: And the newcomers to the Star Wars universe. Laura, did you geek out a bit playing resistance Admiral Holdo and Kelly, how about you playing Rose?
Laura Dern: Every part of me geeks out.
Kelly Marie Tran: Every part. I’m trying not to cry right now ‘cause this is so weird and different. It definitely feels like you have to find a way to just do the work and kind of block everything out, but then C-3PO comes up and you’re like oh, god! (I’m in a Star Wars movie!). So you’re constantly figuring out how to work in this environment and then you’re like, but also this is awesome. So it’s kind of a balance, right?
Laura: There is the intimacy of discovering each character’s conflict, which is just extraordinary, given the enormity of the cast. Oscar and I always talked about just how stunned we were that we were in such a massive environment and did feel like we were making an indie movie. (We explored) duality of the light and the dark within characters. George Lucas first started the mythology of that, and it’s just so brilliant. And a group of us sitting together watching it for the first time was amazing ‘cause it was like we were with 3,000 people. We were screaming, standing up.
Laura Dern as Admiral Holdo Courtesy of Lucasfilm Ltd.
Q: Adam and Domhnall, talk about the relationship between Kylo and Hux. Snoke is playing them against each other.
Adam Driver: I think there’s a competition and it’s maybe yet to be discovered where that comes from. I love playing those scenes, especially with Domhnall, ‘cause he’s a great actor and there’s not a moment taken for granted. It’s always broken up into little pieces and the story in our mind comes first before an explosion.
Domhnall Gleeson: There’s just such a huge amount of drama going on in that group of people but then also just a huge amount of bitchy infighting as well. I think it’s really fun to see them kind of really hurt each other from the inside as well as from the outside, you know, the united front thing is difficult for them sometimes.
General Hux loves being in power Courtesy of Lucasfilm Ltd.
Hideous First Order leader Snoke Courtesy of Lucasfilm Ltd.
Q: Mark, with Luke training Rey in this movie, it seems like he’s in the position Yoda was with Luke in The Empire Strikes Back. Does he finally learn some of Yoda’s lessons now that he’s the teacher?
Mark: Well, you’re assuming that I train Rey. I have to be really careful (not to give spoiler information). People say, was it difficult to pick up and wield a light saber again?” and I go, “do I pick up a light saber?” I can promise you my part is twice as big as it was in The Force Awakens.
Luke Skywalker (Mark Hamill) is troubled and worried Courtesy of Lucasfilm Ltd.
Q: There are way more female characters in this move, certainly than in the first three movies. That’s going to mean a lot to young girls. What does it mean to you?
Daisy: I think like as a girl growing up in London, obviously I knew there was a disparity in films but I wasn’t so aware of it, growing up in a liberal household. I was never really made to feel any one way. So when I got involved, I knew it was a big deal, but the response (to Rey) was so beyond anything I could have imagined. I ever took it for granted or anything but it was just so monumental. Obviously that’s a testament everyone who created the characters in the beginning. It’s just great characters that happily are falling into broader categories now, so I’m thrilled.
Kelly: Yeah, I agree. I think that it feels like both an honor and a responsibility at the same time. I feel like from the beginning when I initially found out I got this role, I just felt like I wanted to do the whole thing justice, and I’m so excited that guys, the girls in this movie kick some butt. Every single one is so good, and I can’t wait for everyone to see it. Yeah.
Laura: Rian (the director) really wanted (my character’s) strength to first lead with a very deep femininity. To see that a powerful female character also can be feminine is something that moves away from a stereotype that’s sometimes perceived that strong female characters must be like the boys. I thought that was a really interesting choice to get to witness.
Gwendoline: I was so delighted to see that there was a more representative selection of actors that were going to be in these incredible Star Wars films, and that has continued. You get to see women that are not being strong just because they’re acting like men. They’re doing something else. And also you’re seeing a developed character or at least a developing character, that’s showing some complex character traits. And I’m just delighted about that. I’m delighted that something as legendary as Star Wars has decided to be modern and to reflect our society more as it is.
Oscar: An interesting thing, because think as a guy I’d like to say that for me the most formative people in my life have been women. And so that has shaped my destiny so much and so to see that reflected in the film is really, really a beautiful thing, and it is more true to real life and what’s happening now. Women are the ones, you know, that shape you.
Andy: Well, speaking as the leader of the First Order, I would say that Snoke is very unimpressed with the fact that there is such a huge female force that seems to be growing in the universe. Its deeply threatening, it’s deeply undermining, it’s got to be stopped. (everyone laughs).
Rey must learn to use the light saber Courtesy of Lucasfilm Ltd.
Q: Adam, for “Force Awakens”, you were the new kid on the block. You had Carrie, Harrison and Mark to set the tone and lead the way for you to step into the role. Did that effect your performance?
Adam: I don’t think so. The lesson that I learned from the first one from Mark, Carrie and Harrison is (they don’t tell you what your experience is going to be). We’re all different and we see the world differently. It’s for each person to discover, and it’s almost more generous to give someone space, to make it personal to them. I think they’re kind of lead by example people. I think that none of us took it upon ourselves to tell people how it was going to be for them, because we’re not them, you know. I think everyone was just as equally terrified to figure out what we were doing.
Kylo wonders if Rey might join him Courtesy of Lucasfilm Ltd.
Q: Mark, coming back to the Luke character after all these years. What reaction did you have as an actor?
Mark: I don’t think any line in the script epitomized my reaction more than “This is not going to go the way you think”. And Rian pushed me out of my comfort zone, as if I weren’t as intimidated and terrified to begin with, but I’m grateful, because you have to trust someone and he was the only Obi Wan available to me.
Carrie Fisher as a sad General Leia Courtesy of Lucasfilm Ltd.
Q: How is “The Last Jedi” a very different than any of the Star Wars movies for you Daisy?
Daisy: I was like real new to this all, and something could have been really scary and being surrounded by people that make it feel really comfortable for me is like the only thing you can ask for. If you’re in a really safe environment, then you’re able to do more. And coming back, it was different obviously ‘cause the story’s different, the characters are being challenged in different ways, but the crew was similar. It’s just a really happy set, that everyone feels heard and respected. To me, in a more emotional way, I think it did feel more similar than different.
Carrie takes direction on set Courtesy of Lucasfilm Ltd.
Q: John, you are a huge Star Wars fan. Are you over being in the films yet?
John: I’m still trying to get over it. I can’t lie. Because I think what we forget is that when we filmed “Force Awakens”, it was about two years between then, before we started on “Last Jedi”, it just feels like you’re back in school, you know, and it’s fun. Every day was a new set. The practical effects I think like doubled in this movie, the sets were bigger and it’s always exciting and amazing, but as everybody has said, you still feel an intimacy when you’re doing these scenes, you know, and independent with a big ass budget.
Laura: I love, Oscar, how you described yesterday all of us watching the opening credits roll at the top as the lights went down, and even though all of us feel giddy that we’re excited about being part of this, suddenly you’re an obsessed fan, regardless.
Rebels Finn and Rose butt heads Courtesy of Lucasfilm Ltd.
Q: Obviously the death of Han Solo is a huge moment in The Force Awakens. How impactful is that, without spoiling anything, to the characters who knew him in the last movie and the previous films?
John: I think we’re just keeping it moving, to be honest with you, man. It’s true, the pressure’s on man, you know, there’s no time. I think that’s the one thing that’s unique to me about watching this movie was just the commentary on war. I think there hasn’t been a Star Wars movie yet that has explored war in the way The Last Jedi does. It’s very messy. In terms of Han, I’m sure we all feel sentimental if someone was to sit Finn down or sit Rey down, but Rey’s off training, she’s got stuff to do. I’ve got back injury, I’ve got stuff to do. I can’t think about Han at the moment.
Oscar: I mean, I think it’s reverberating but he’s right. You know, it’s a dire situation, it’s critical. The resistance is on its last legs. You know, they’re trying to survive. First Order’s right on top of us. You just keep moving to try to survive, You feel the momentum of everything that happened in The Force Awakens just pushing and getting to a critical mass in this film.
Daisy: Rey at least is very much affected by it. She has been alone for a really long time and she’s really open to love and friendship, so Finn and BB-8 come along and it’s like this amazing adventure. And then Han, she seeks something from him because there’s an intimacy and there’s a sort of figure of something she’s never dreamed of getting snatched away. Rey’s trying to get to grips with everything going on. She’s worried about Finn at home, so I would say she’s maybe a little more affected, at least emotionally on screen, than the others.
Poe Dameron rushes to his X-wing fighter
Q: Ladies in the film, Carrie Fisher is sadly no longer with us. Can you talk about the impact Princess Leia had on generations of young girls?
Gwendoline: Well, she was very significant because I was first shown A New Hope when I was six, and I remember thinking, “Wow, that character’s really different”. It stayed with me throughout my formative years, that she’s really interesting, she’s really smart, she’s really funny, she’s courageous, she’s bold, she doesn’t care what people think, and she isn’t prepared to be told what to do. And she doesn’t look the same as a sort of homogenized presentation of a woman that we had been used to seeing.
So that was really instrumental to me as someone that didn’t feel like they fitted that homogenized view of what a woman was supposed to be. There was inspiration there, that you could be an individual and celebrate yourself and be successful without giving yourself over or making a terrible compromise., without necessarily making some sort of terrible, huge compromise. So (Leia) was a big inspiration for me.
Laura: She made a profound impact on me as a girl. We always had with Carrie, not just Leia, her wisdom. People speak about people who are brave or fearless, but beyond that, I’ve known luckily a few people that would hold those descriptions, but not that they would be without shame, and that’s what moved me the most about the icon she gave us, but also what she gave us individually and personally. Carrie shared her story, and to expect nothing less from any of us. (In this film) Rian beautifully captured all of that and her grace in this amazing, beautiful, pure performance.
Daisy: I don’t think I can really follow that, except to just say Carrie’s daughter Billie (Lord) is I think all of those qualities. She’s smart and funny and shameless and wonderful. I think Carrie bringing up a daughter who has all of those qualities and then some, in this world, just her being her, I think it speaks volumes to what she did as her in the spotlight and also her as Leia.
Kelly: Yeah, I mean, I agree with everything that was said. I think that something about Carrie that I really look up to is just how much courage it takes to truly be yourself when you’re on a public platform or when possibly a lot of people will be looking at you, and she was so unapologetic and so openly herself and that is something that I am really trying to do, and it’s hard. And just like Daisy, Laura and Gwendoline said, I think that she will always be an icon as Leia but also as Carrie. What an example, you know? And I am so fortunate to have met her and I think that she will really live on forever.
Courtesy of Lucasfilm Ltd.
See Star Wars The Last Jedi in theaters Friday, December 15th!
Are you happy with the way the new Star Wars trilogy of films is going so far? Which character are you most looking forward to following in this new film? Comment below!
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August 2020 Update — New EEOC Judge Assigned to the Case
The EEOC reassigned consideration of the relief claims of Class Members to a new EEOC Administrative Judge for this case. Consideration of the claims has been assigned to Judge Zachary Wright. Judge Wright set a status conference with the parties’ attorneys to take place on September 4, 2020.
We will provide updated information regarding anything we learn about the processing of the Class Member claims during the September status conference, or any other news in the case, on this website. Please be sure to monitor this website for any updates.
EEOC CONFIRMS CLASS-WIDE DISCRIMINATION, CLAIM FORMS NOW DUE
The EEOC issued a decision in August 2014 upholding the Administrative Judge’s finding of class-wide discrimination against female special agents. The case has taken over 20 years to get to this class-wide finding of liability. The EEOC has ordered DEA to institute a five-year “Gender Discrimination Remedy Plan.” In addition, the EEOC affirmed a $150,000 award of compensatory damages to Class Agent Ann Garcia and over $1 million in attorneys fees and costs. DEA must also conduct training for all management officials and consider taking disciplinary action against certain managers. See the EEOC final decision here.
The EEOC has instructed DEA to begin the processing of damages for class members. Individual class members will now have the opportunity to file claim forms and seek damages for the class-wide harm. If you are a class member, you should be sure to complete and submit a Claim Form right away.
TO BE SAFE, IT IS BEST TO BE SURE TO SUBMIT A COMPLETED CLAIM FORM BY SEPTEMBER 23, 2014. YOU CAN ACCESS THE CLAIM FORM BY CLICKING HERE.
The law firm of Kator, Parks, Weiser, & Harris, PLLC, represented the class, and all class members. Class members should contact KPWH as soon as possible to begin the process of recovering their individual damages.
DEA ASKS EEOC TO RECONSIDER DECISION
On July 10, 2013, DEA filed a “Request for Reconsideration” with the EEOC regarding the finding of class-wide discrimination. On behalf of the Class, Kator, Parks, Weiser, & Harris, PLLC, filed an Opposition brief on July 31, 2013. We now await the EEOC’s ruling on the Request for Reconsideration. In the meantime, class members should contact Juliette Niehuss at jniehuss@katorparks.com or at (202) 898-4800 as soon as possible to begin the process of recovering their individual damages.
EEOC FINDS CLASS-WIDE DISCRIMINATION, ORDERS HEARINGS TO DETERMINE MONETARY DAMAGES
On June 7, 2013, the EEOC upheld an Administrative Judge’s order finding that DEA discriminated against female Special Agents who sought career-enhancing assignments to DEA’s foreign offices. Ann Garcia, now a retired DEA Special Agent, filed a complaint against DEA in 1989 for its discriminatory treatment of more than 200 female Special Agents. She claimed that DEA refused to assign female Special Agents to overseas posts out of chauvinistic beliefs that females were unsuited for foreign assignment. The cost to the DEA in damages is expected to be in the tens of millions of dollars.
Evidence at the trial included testimony that female agents were told that pregnant female agents were “useless,” that female agents should be home having babies, single mothers had no business traveling overseas, that if a female agent wanted to travel overseas she should “stop getting pregnant,” and female agents did not deserve to be on the job and their true intentions were to sleep with male agents and live off their income.
The case has taken over two full decades to litigate. Throughout, Ann Garcia has remained stalwart in her efforts to end DEA’s discriminatory practices. She said today:
I am grateful to the EEOC for calling DEA to task for its sexist treatment of the brave women who served our country. After two decades, we have been vindicated.
Cathy Harris, attorney for the class, said:
The DEA is finally going to have to repair the damage that it did to so many women’s careers. Had DEA remedied this problem long ago, perhaps we would not be seeing the continuation of sexual harassment against female federal workers today.
In addition to ordering DEA to pay damages to Ms. Garcia and all of the class members, the EEOC ordered DEA to implement a Gender Discrimination Remedy Plan to ensure that the discrimination within the agency does not continue. DEA must also conduct training for all management officials and consider taking disciplinary action against certain managers. The current Administrator of the DEA, Michelle Leonhart, is a class member, and is eligible to seek damages.
Click here to see the complete EEOC Final Decision
The law firm of Kator, Parks, Weiser, & Harris, PLLC, represented the class. Class members should contact KPWH as soon as possible to begin the process of recovering their individual damages.
Click here to see Federal Times coverage of the EEOC Final Decision
FINAL AGENCY DECISION ISSUED, WILL BE APPEALED
The Department of Justice issued its Final Decision in this case, reversing the EEOC Administrative Judge’s decision finding class-wide discrimination. DOJ determined that the class complaint should not have been certified, and that the class had failed to establish its claim that DEA discriminated against female Special Agents in foreign assignments.
See a copy of the DOJ Final Decision by clicking here.
Class Counsel will be filing an appeal of the DOJ Decision with the EEOC Office of Federal Operations. The EEOC will then be the agency responsible for making the final decision in the case.
Please monitor this website for status updates on the appeal. Thank you, and we appreciate the patience of every class member.
BACKGROUND ON THE CASE
On March 17, 1993, Ann Garcia, now a retired DEA Special Agent, filed a formal class complaint of discrimination against the Drug Enforcement Administration (“DEA”), alleging that the DEA had denied her and other similarly situated female Special Agents foreign assignments and promotions based on their gender.
The EEOC administrative judge initially denied certification of the class complaint. Class Agent Garcia decided to appeal that decision to the Office of Federal Operations (“OFO”) on behalf of the class as a whole. While the OFO affirmed the administrative judge’s ruling on August 19, 1996, we as class counsel moved for the OFO to reconsider its decision. On October 1, 1998, we won with regard to foreign assignments. The OFO certified the class as “those female Special Agents who were denied foreign assignments between 1990 and 1992.”
The case was processed as a class complaint by the EEOC, though it took over six years to issue an order acknowledging and accepting the class complaint for investigation and adjudication. On March 10, 2005, a scheduling order was issued and the case proceeded to discovery. We as class counsel conducted extensive discovery of the DEA’s gender-biased policies and practices in selecting Special Agents for foreign assignments, including evidence of de facto disqualification of females from consideration from such assignments because their spouses were employed or because they were single mothers.
On December 8, 2006, the Agency filed a Motion for Summary Judgment, to dismiss the class complaint. The EEOC took over two years to issue a ruling, but on March 26, 2009, the EEOC administrative judge denied the Agency’s motion and issued a Scheduling order, setting an administrative trial for the class complaint in July 2009.
The case finally went to a hearing in July 2009. The evidence at the trial included testimony that objective qualifications were not as important as “who you know and who you blow.” Female agents were told that pregnant female agents were “useless,” that female agents should be home having babies, single mothers had no business traveling overseas, that if a female agent wanted to travel overseas they should “stop getting pregnant,” and female agents did not deserve to be on the job and their true intentions were to sleep with male agents and live off their income.
On April 27, 2011, Administrative Judge Frances del Toro of the Equal Employment Opportunity Commission found that the DEA discriminated against a class of female special agents in career-enhancing foreign assignments and promotions in the early 1990s.
See ABC News report on the Class Action victory.
On January 12, 2012, Administrative Judge del Toro issued her Report of Findings and Recommendations, including an award of relief for Class Agent Ann Garcia. The Administrative Judge also required that the DEA “immediately take corrective action to ensure that the discrimination . . . does not recur.” The systemic relief ordered includes:
Mandatory anti-discrimination training to supervisors, managers and staff involved in the selection process for overseas positions.
Consideration of disciplinary action against the responsible management officials who were named in the Report of Findings.
Immediately ceasing making inquiries to applicants for overseas positions about their marital or family status.
The Administrative Judge also awarded attorneys fees and costs incurred by Class Counsel in the suit.
The Department of Justice is now considering implementing the Administrative Judge’s Report of Findings. We expect that determination in mid-March 2012. If the Report of Findings is adopted, all potential Class Members will be notified of their right to file an individual claim of relief. Relief may include retroactive placement in a foreign assignment, back pay, and compensatory damages. If the Report of Findings is rejected or modified, an appeal to the EEOC’s Office of Federal Operations is expected.
If you believe you are a class member who may want to file a claim for individual relief, please contact:
Kator, Parks, & Weiser & Harris, PLLC
1200 18th St., N.W. Suite 1000
jniehuss@katorparks.com
Ann Garcia
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The Administrative law of Hong Kong is designed to provide a system for the independent judicial review of a wide range of administrative decisions made by the Government of the Hong Kong Special Administrative Region and some non-governmental bodies. The purpose of the judicial review is to prevent public authorities from abusing their decision-making power. It is a review of the decision-making process, not a review of whether the decision itself is right or wrong.
If you do not agree with a decision of a Government Department or agency, or that of an officer of a Department that affects you, you may be able to get it changed. If the decision affecting you has been made illegally, irrationally or involves some procedural impropriety, you may have a ground to apply for judicial review of that decision.
The High Court, the Court of Appeal of the High Court and the Court of Final Appeal have been given the power to review decisions made under particular Ordinances of Hong Kong. The sorts of decisions that can be reviewed include decisions about:
Social security pension, or a benefit
Government workers' compensation
Lands Resumption
Criminal deportation
Plus many other issues
You may ask for our advice as to whether the courts have power to judicially review a decision affecting you or not.
Time limitation applies as you must make your judicial review application within three (3) months from the date when the grounds for judicial review arose. The court has the power to grant an extension on a case by case basis upon good grounds being shown.
If you are interested, you can ask for our advice as to against what authorities judicial review lies and on what grounds the decisions of such authorities can be impugned.
Example of Successful Case:
Uniglobe Telecom ( Far East ) Ltd. v. Telecommunications Authority (HCAL No.10 of 1998. Judgment of Hartmann J. handed down on 20th March 2000 ).
This is a Court of First Instance decision in which we have successfully overturned the Telecommunications Authority (TA)'s decision to cancel our client's PNets licence. Our client is a telecommunications operator. The subject decision was the first of its kind in Hong Kong and was based upon the power exercised by the TA under the Telecommunications Ordinance. We were able to persuade the Judge at the Court of First Instance that the TA had acted unreasonably in arriving at their decision to cancel our client's licence. The Judge agreed that the decision to cancel ought to be quashed. Costs order in favour of our client was granted.
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Chris Mason
Center for Advanced Defense Studies
Senior fellow at the Center for Advanced Defense Studies in Washington, DC; retired US Foreign Service officer with long experience in South Asia
Chris Mason on KCRW
Violence over Koran Burning Threatens US-Afghan 'Partnership'
The burning of holy Korans that Americans call "accidental" has exposed the seething anti-Americanism in much of Afghanistan.
Feb. 27, 2012 from Which Way, L.A.?
The burning of holy books that Americans call "accidental" has exposed the seething anti-Americanism in much of Afghanistan.
Feb. 27, 2012 from To the Point
House impeachment proceedings against President Trump
The U.S. House of Representatives is taking up a resolution that would call on Vice President Pence to invoke the 25th Amendment and take over President Trump's duties.
Jan. 13 from News Special Programming
Californians: How are you feeling after the insurrection at the Capitol? Let us know
On Wednesday, supporters of President Trump heeded his call to go to the U.S. Capitol, where Congress was certifying President-elect Joe Biden’s victory in the November 2020 election.
Our Body Politic
In a political media landscape dominated by white men, “Our Body Politic” will be a source of news by and for Black women and women of color.
Dec. 28 from Our Body Politic
Why it takes so long to get unemployment in California
Hundreds of thousands of California workers have applied for unemployment benefits, are eligible to receive them, but still haven’t been paid.
Jan. 5 from Greater LA
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Former CAFC Chief Judge Michel Backs Ericsson in FRAND Dispute
By Rebecca Tapscott
“The Wuhan court procedures appear designed to empower a party to obtain a world-wide injunction with no meaningful opportunity to be heard. And it is unclear if a party so enjoined has any meaningful opportunity to have such an injunction reconsidered or vacated, whether by the issuing court or an appellate court.” – Judge Michel brief
On January 5, the Honorable Paul R. Michel filed an amicus brief in support of Ericsson’s Emergency Application for an Anti-Interference Injunction related to Samsung’s lawsuit filed in the Wuhan Intermediate People’s Court of China (the Wuhan Action). In response to Ericsson’s motion filed on December 28, 2020, the United States Federal District Court for the Eastern District of Texas issued a temporary restraining order against Samsung in the FRAND (fair, reasonable and non-discriminatory licensing rates) lawsuit. Michel’s brief addressed the “substantial notice and due process concerns associated with [an] anti-suit injunction issued by the Wuhan Court.”
The Wuhan Action
On December 11, 2020, Ericsson filed a suit against Samsung to resolve a FRAND dispute between Ericsson and Samsung. On December 25, Ericsson was informed that Samsung had secretly filed a FRAND lawsuit and a broad antisuit injunction in Wuhan seeking to enjoin the proceedings in the district court. Ericsson then filed a request for an emergency ex parte temporary restraining order and an anti-interference injunction, asking that Samsung not to take any further action to divest [the district court’s] jurisdiction or to prevent Ericsson Inc., and all of its corporate parents, subsidiaries, and affiliates, from asserting the full scope of its patent rights against Samsung in the United States.”
Due Process Concerns
In his brief in support of Ericsson, Michel asserted that the district court “should independently assess whether it should maintain its jurisdiction and proceed with the FRAND dispute between Ericsson and Samsung.” Michel pointed out several apparent issues with the Wuhan proceeding and the Wuhan court’s procedures that implicate “significant due process concerns.”
In particular, Michel noted that the “Wuhan’s court procedures appear designed to empower a party to obtain a world-wide injunction with no meaningful opportunity to be heard. And it is unclear if a party so enjoined has any meaningful opportunity to have such an injunction reconsidered or vacated, whether by the issuing court or an appellate court.” Michel further criticized the timing of the Wuhan proceeding, which he asserted raised “significant concerns about whether the Wuhan court’s procedures provide a party such as Ericsson sufficient notice and due process.” He explained that FRAND litigation often involves fast moving actions but noted that it must also be ensured that all involved parties have “ample opportunity to be heard before the court of first instance makes a decision that effectively precludes every other court throughout the world from being able to adjudicate a case—or even to consider the propriety of the injunction at all.” Michel also noted that the Wuhan court does not appear to offer an opportunity for other interested parties to adequately weigh in on any decision to institute a FRAND proceeding. Noting that FRAND litigations “concern immensely important issues that impact global intellectual property rights and valuations,” Michel expressed his opinion that there does not appear to be any reason for the district court to cede its authority and, rather, both cases should proceed in parallel.
China’s IP System: Serious Questions Remain
Judge Michel explained that, while China appears to have made strides in its intellectual property system, serious questions remain as to its judicial system, “particularly in the context of resolving major SEP FRAND disputes that will affect worldwide patent rights, including the rights of U.S. patent owners and consumers.” He explained that there appear to be deep differences between the Chinese judicial system and the systems of other countries that have adjudicated FRAND disputes. Michel noted that this case represents a new era of global IP disputes about critical intellectual property, and it should not “devolve into a mere question of who filed first.” Thus, Michel submitted that the district court should grant Ericsson’s motion in order to preserve the district court’s jurisdiction and authority “to adjudicate the merits of the issues raised and any issues relating to U.S. patents.”
Rebecca Tapscott is an intellectual property attorney who has joined IPWatchdog as our Staff Writer. She received her Bachelor of Science degree in chemistry from the University of Central Florida and received her Juris Doctorate in 2002 from the George Mason School of Law in Arlington, VA.
Prior to joining IPWatchdog, Rebecca has worked as a senior associate attorney for the Bilicki Law Firm and Diederiks & Whitelaw, PLC. Her practice has involved intellectual property litigation, the preparation and prosecution of patent applications in the chemical, mechanical arts, and electrical arts, strategic alliance and development agreements, and trademark prosecution and opposition matters. In addition, she is admitted to the Virginia State Bar and is a registered patent attorney with the United States Patent and Trademark Office. She is also a member of the American Bar Association and the American Intellectual Property Law Association.
Tags:Anti-Interference Injunction, anti-suit injunction, Ericsson, FRAND, intellectual property, Judge Paul Michel, patent, patent infringement, samsung, Wuhan
Posted In:Courts, District Courts, IP News, IPWatchdog Articles, Litigation, Patents
There are currently 2 Comments comments. Join the discussion.
Jonathan R Stroud January 7, 2021 11:53 am
Maybe the most interesting part of this is how ex-Judge Rader wrote a brief for the other side here, backing the Chinese court’s authority.
Joseph Story January 7, 2021 7:06 pm
One might want to consider Judge Rader’s finances and interests in writing a brief supporting the Chinese court.
Respectfully add to the discussion.
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HEARN’S CONNECTION TO TRAMORE
Sarah Brenane and the young Patrick Lafcadio Hearn
Patrick Lafcadio Hearn was born on the Greek island of Lefkada in 1850, to an Irish father, Charles Bush Hearn, and a Greek mother, Rosa Cassimati. At the age of two, Patrick and his mother came to Dublin. Two years later, Rosa returned home in poor health and Patrick was taken into the care of his father’s aunt, Sarah Brenane. From the mid 1850s, Patrick spent much of his childhood summers in Tramore with his guardian Sarah, who retired to Tramore in 1867 and was buried there in 1871.
The last time Patrick saw his father was in 1857, on the beach in Tramore, when he was seven years old. The young Patrick learned to swim in Tramore and passed many happy hours listening to fishermen’s stories of storms and shipwrecks. His biographer, Nina Kennard, attributed Hearn’s life long love of the sea to his days in Tramore. She described Tramore Bay as “presenting scenes striking and grand enough to stamp themselves forever on a mind such as Lafcadio Hearn’s”.
Another biographer, Vera McWilliams, wrote that his times by the ocean were “the happiest moments of his Tramore days, and his Tramore days were the happiest of his youth”. The formal Victorian Garden represents the gardening style of Patrick’s boyhood.
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Clinton Adas
Global ESG Product Specialist
Clinton joined the team in 2019. He predominantly focuses on client-related activity, but also contributes to broader investment stewardship initiatives. Clinton joined LGIM from Capital Group where he spent six years managing the Investment Information function for Europe and Asia, which covered equity, fixed income and multi-asset products. He holds a BA from Stellenbosch University, an LLB from University College London, and an LLM in Environmental Law from Queen Mary University of London, where he is also currently completing a PhD in Animal and Environmental Law, focusing on biodiversity and conservation. Additionally, he is studying towards a sustainability qualification from Harvard University. Clinton is a fellow of the Zoological Society of London.
Articles by author's name
We are not alone: biodiversity is key to a sustainable future
Biodiversity matters for many reasons; investors should take note. ;
By Clinton Adas
Jun 15 2020 3 min read
Authors from the same team (12)
Aina Fukuda
Japan ESG Manager
Based in Tokyo, Aina is responsible for stewardship in Japan. Working with colleagues in London and Chicago, she engages directly with companies, regulators and other investors on a range of issues, including climate change, board governance and diversity. Prior to joining LGIM in 2019, she was a sustainability consultant at a professional services firm. Don't be alarmed if you see her rushing from the office with a wooden sword and staff; it's very likely that she's heading to the Aikido dojo.
Alexander Burr
Global ESG Public Policy Analyst
Alexander joined the team in September 2019 to focus on strengthening LGIM’s public policy engagements across jurisdictions. Prior to this, Alexander spent three years leading international government and institutional relations for a firm that uses alternative finance to invest in sustainable projects in emerging markets. Before that, he spent five years negotiating investments in emerging markets with the European Commission and international climate change funds at the European Bank for Reconstruction and Development (EBRD). He also spent time advising middle and low-income governments on alternative finance and jointly establishing a nuclear energy safeguards organisation. Alexander holds a BSc in Politics and International Relations from the University of Southampton.
Angeli Benham
Senior Global ESG Manager
Angeli leads our global approach to remuneration engagement and voting. She joined LGIM in 2005 and has over 20 years of corporate governance experience. She holds a BSc (Hons) degree in Financial Economics, Post Grad. Diploma in Law, Legal Practice Certificate (LPC), Investment Management Certificate (IMC) and is a graduate of ICSA (Institute of Chartered Secretaries and Administrators).
Catherine Ogden
Manager - Sustainability & Responsible Investment
Catherine joined LGIM in 2015 to help drive forward ESG integration into mainstream fund research and to strengthen sustainability engagements. Prior to this, Catherine spent four years working with governments in Africa and Asia on the sustainable policy, planning and management of the extractives sector, and five years in sell-side equity research. A keen linguist and sportsperson, she bemuses her colleagues with a love of Capoeira and British Military Fitness.
Clare Payn
Head of Corporate Governance, North America
Clare engages with companies, investors, and other market participants in striving for corporate governance best practice in North America. In this capacity, Clare sits on the Investor Stewardship Group Framework’s Governance Committee. She also Chairs the 30% Club Investor Group in the UK and sits on several internal committees focused on diversity. With 20 years’ ESG experience, you could consider ESG to be her life, but Clare is also a committed runner and has a passion for fashion.
David Patt
Senior Analyst, Corporate Governance and Public Policy
David is focused on LGIM’s UK and European corporate governance activity including voting, engagement and client reporting. He also monitors public policy, responding to government and industry consultations in order to position LGIM as thought leaders. A disciplined athlete, he devotes many hours a week to boxing and weightlifting.
Iancu Daramus
Senior Sustainability Analyst
Iancu joined LGIM in 2017 as a Sustainability Analyst. He brings an understanding of climate change to our company engagements and a passion for clear reasoning to our communications. He has worked for a leading environmental think-tank as well as the Cabinet Office, and has degrees in philosophy and public policy. An enthusiastic guitar player, he takes advantage of London’s music and art scene, though he has no tours currently scheduled.
Maria Larsson Ortino
Global ESG Manager
Maria leads the Stewardship team’s efforts on health as well as being responsible for global engagement and voting activities for holdings within the pharmaceutical, biotech, healthcare, chemicals and tobacco sectors. Prior to joining LGIM in 2019, Maria was a member of the ESG teams at Newton Investment Management and State Street Global Advisors. She has also headed up the research team at a start-up corporate governance data company, served as an analyst within the IVIS team, part of the Investment Association, UK. She started her ESG career at PIRC, a proxy adviser, in 2007. Maria has an LLB from Queen Mary College, University of London and a Master’s Degree from the Graduate Institute of International Studies, University of Geneva, Switzerland.
Marion Plouhinec
Corporate Governance Analyst
Marion is a corporate governance analyst involved with LGIM’s engagement and voting activities in the UK and Europe. Marion joined LGIM in 2016 from Manifest Information Services, a proxy voting agency where she held the title of Corporate Governance Research Analyst. Her role involved the analysis of governance and remuneration structures of listed companies on a global scale and the provision of voting guidelines to investors prior to general meetings.
Meryam Omi
Head of Sustainability and Responsible Investment Strategy
Meryam is responsible for engaging on sustainability themes globally and development of responsible investment product solutions. She leads on the project to integrate environmental, social and governance (ESG) aspects into the fundamental research of mainstream funds and to carry out sector/theme specific engagements on key sustainability topics, such as climate change, water and corporate tax policy. Meryam has over 12 years of investment experience in asset management companies.
Sacha Sadan
Director of Investment Stewardship
Sacha sits on the board of LGIM. In September 2016 he was recognised in the Financial Times as one of ‘the 30 most influential people in the City of London’, crediting him as one the leading architects of 2012’s “shareholder spring”. At LGIM Sacha has responsibility for investment stewardship, including environmental, social and governance (ESG) areas, collaborating with other investors as well as governments and regulators. He regularly speaks at major global industry events on topics such as diversity, climate change and shareholder rights. Sacha was previously a senior UK equity manager at Gartmore where he co-managed a range of UK equity hedge, retail and institutional funds. He was voted the top-rated Pan European fund manager in the Thomson Reuters Extel awards (known as the “City Oscars”) in 2010. He started his career at Universities Superannuation Scheme (USS). Sacha holds a BA (Econ) from Manchester University and is a Fellow of ICSA. Sacha is a founding member and still on the board of the UK Investor Forum.
Yasmine Svan
Sustainability Analyst
Yasmine is a sustainability analyst, helping to integrate ESG into LGIM’s investment processes, and is focused on the firm’s corporate climate change engagements.
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CafePress Hosts Viz Anime Brands
Viz Media has teamed up with CafePress to offer a curated selection of official and fan-designed merchandise that incorporates Viz Media's anime brands on products from Toshin.
Viz Media has teamed up with CafePress to offer a curated selection of official and fan-designed merchandise that incorporates Viz Media’s anime brands on products from Toshin.
The line of Toshin products will feature characters from the Viz Media series “Naruto Shippuden,” “Bleach” and “Death Note.” Available now on the CafePress website, products include t-shirts, sweatshirts, water bottles, magnets, blankets, pajamas, bags, tech cases, as well as Christmas ornaments and stockings.
“This partnership gives anime enthusiasts never-before-seen access to original artwork they can use to create truly unique designs,” says Ty Simpson, vice president of business development, CafePress. “That artistic freedom, combined with the state-of-the art print-on-demand services offered at CafePress, really offers a remarkable degree of flexibility to this devoted fan base.”
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Illinois Senate approves minimum wage increase
Doug Finke The State Journal-Register @DougFinkeSJR
Feb 8, 2019 at 6:25 AM Feb 8, 2019 at 6:25 AM
On a party line vote, the Illinois Senate Thursday approved raising the minimum wage to $15 an hour by 2025.
The bill now goes to the House, where the lead sponsor said he thinks the wage increase can pass without further changes.
“I have spoken with colleagues on both sides of the aisle. I feel very confident we will pass (the bill) as the Senate passed it,” said Rep. Will Guzzardi, D-Chicago. “I don’t see the need for us to make any further changes to the legislation.”
If that is the case, a provision sought by the business community to ease the burden of the increase won’t be considered. Business interests suggested having different minimum wages for different areas of the state. Chicago might end up with a $15 an hour wage, but downstate, the rate would be lower to reflect a lower cost of living.
Sen. Kimberly Lightford, D-Maywood, primary sponsor of the increase, said she prefers to see no changes made to the bill in the House.
“There shouldn’t be a whole lot of debate,” she said. “There shouldn’t even be any changes in the bill.”
However, Lightford also said she would participate in additional negotiations if the House does decide to make changes. She said a regional minimum wage might be an area that some still want to negotiate.
That’s precisely what the Illinois Retail Merchants Association has in mind.
“We will continue to seek a compromise in the House and we urge legislators to not rush this issue as they consider the implications this will have on employers and employees in their communities,” said Rob Karr, president and CEO of the organization.
Gov. J.B. Pritzker has made approval of a higher minimum wage a priority for his administration. He’s said he wants to be able to sign the bill into law before his budget speech Feb. 20.
After the Senate vote, Pritzker held a news conference to take an early victory lap.
“Today, the state Senate made it clear that working families in Illinois deserve a raise and they’re going to get one,” Pritzker said.
He also shot down the idea of having different minimum wages for different parts of the state.
“Workers in East St. Louis and people doing the same job deserve to be paid the same wage as workers in Chicago,” Pritzker said.
Before the Senate vote, Pritzker met with Senate Democrats for nearly 30 minutes to solidify support for the bill. Lightford said Democrats were given “reassurance from the governor that we will continue to work on budget concerns.”
Those concerns stem from schools, human services organizations and others who rely on state financing, but also must comply with the higher minimum wage.
“My administration will propose a balanced budget taking into account the effect of the new minimum wage,” Pritzker said. “Human services and social service organizations are going to have the resources they need to pay workers more.”
Backers say the higher wage is expected to generate additional economic activity that will in turn generate more tax revenue. That will partially offset the cost to the state of providing more money for human services providers and others. It’s estimated the net cost to the state will be about $62 million the first year (the first increase takes effect halfway through the fiscal year) and about $220 million for a full year.
Sen. Jason Barickman, R-Bloomington, said that Illinois State University in his district, like most universities, uses student workers who are mostly paid the minimum wage. He said the school estimates the first year of the increased wage will cost the school $600,000. The school will ask the state for more money, he said, but the alternative is fewer jobs.
“Student workers get no benefit of a wage increase if they don’t have a job,” he said.
Sen. Dale Righter, R-Mattoon, said the bigger paychecks earned by minimum wage employees will make them ineligible for certain benefit programs. Lightford, though, said that is the idea of raising the wage. Illinois’ wage of $8.25 an hour leaves a person below the federal poverty income level.
“No one who works full time should ever live in poverty,” said Sen. Toi Hutchinson, D-Olympia Fields.
About 1.4 million Illinois workers will benefit from the increased minimum wage, according to a study from the Illinois Economic Policy Institute.
Senate Republican Leader Bill Brady of Bloomington and Sen. Steve McClure, R-Springfield, voted agaist the increase. Sen. Andy Manar, D-Bunker Hill, voted in favor.
Contact Doug Finke: doug.finke@sj-r.com, 788-1527, twitter.com/dougfinkesj
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Lavish Syntax
Date: Saturday, October 12
Time: 10 am - 3 pm (with one-hour lunch break)
Instructor: Rick Barot
Ages: Adult
The problem at the heart of writing a poem is the problem of dramatization. That is, how do we dramatize in language--an arguably limited means--the dynamics of thought, sensation, mystery, knowledge, and unsayability that often comprise human experience?
In this class, we’ll discuss the crucial importance of syntax in vitalizing a poem. We’ll look at poems with powerful content and the syntactical correlatives the poets use in dramatizing that content. The poems will include the work of Louise Glück, Sharon Olds, Arthur Sze, and C.K. Williams.
Rick Barot has published three volumes of poetry: The Darker Fall (2002), Want (2008), which was a finalist for the Lambda Literary Award and won the 2009 Grub Street Book Prize, and Chord (2015), all published by Sarabande Books. Chord received the UNT Rilke Prize, the PEN Open Book Award, and the Publishing Triangle’s Thom Gunn Award. It was also a finalist for the LA Times Book Prize.
Rick's work has appeared in numerous publications, including Poetry, The New Republic, The New York Times Magazine, Tin House, The Kenyon Review, The New Yorker, and two editions of the Best American Poetry series. He has received fellowships from the Guggenheim Foundation, the National Endowment for the Arts, the Artist Trust of Washington, the Civitella Ranieri, and Stanford University, where he was a Wallace E. Stegner Fellow and a Jones Lecturer. He lives in Tacoma, Washington and directs The Rainier Writing Workshop, the low-residency MFA program in creative writing at Pacific Lutheran University. He is also the poetry editor for New England Review. His fourth book of poems, The Galleons, is forthcoming from Milkweed Editions in 2020.
More about Rick: http://rickbarot.com
1543 Shattuck Avenue, Suite B
© 2021 Left Margin LIT
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Inns of Court unveil country’s cheapest barrister training course
By CJ McKinney on May 10 2019 7:58am
Charity applying for sign-off on £13,000 course in major bar training shake-up
The venerable Inns of Court have come crashing back onto the bar training scene with what would be the country’s cheapest route to qualification as a barrister.
The Inns of Court College of Advocacy (ICCA) has applied for permission to deliver a new training course for barristers priced at £13,000 in total. That’s lower than any current provider of the Bar Professional Training Course (BPTC) and around 30% lower than any of the London-based BPTCs.
Regulators are shaking up the BPTC in a bid to make training to become a barrister more affordable. The new system — which is being phased in over the next couple of years — will allow providers to split the BPTC into two parts.
The ICCA is going down the two-part route with what it calls the Bar Course. Wannabe barristers would pay just £1,575 for the first 12-16 week part of the course, covering civil/alternative dispute resolution and criminal assessments, with the option to bail out at that point if it’s not for them. The 20-week second part would cost £11,520 and cover practical skills, pupillage preparation and a career at the bar. Part one can be done remotely and flexibly, while part two would be delivered at the Inns of Court in London.
The 2019 BPTC Most List
The Bar Standards Board will need to approve the set-up first. The ICCA has put in its formal application to the regulator and hopes to run its first Bar Course from autumn 2020, with students able to apply from later this year.
The ICCA is a not-for-profit education and training organisation connected to the four ancient Inns of Court — Lincoln’s Inn, Inner Temple, Middle Temple and Gray’s Inn — of which all barristers in England and Wales must be members. ICCA dean James Wakefield is among the speakers at the Legal Cheek Future of Legal Education and Training Conference 2019, which takes place at Kings Place London on 22 May.
ICCA chief Derek Wood QC said: “We are delighted to be announcing this new Bar Course, which will provide students with greater flexibility, high standards of teaching and less financial commitment upfront. The course will be offered on a ‘not-for-profit’ basis and will cost around 30 percent less than London BPTCs presently on offer”.
Meanwhile, the Bar Standards Board is pressing ahead with other changes to the bar training regime. The minimum pupillage award will increase from 1 September 2019, and the regulator announced this week that it wants written agreements between chambers and their pupils to be mandatory.
The 2019 Legal Cheek Chambers Most List
Bar professional training course Barristers BPTC Inns of Court Inns of Court College of Advocacy Students
Exclusive: The Inns of Court are preparing to launch a new BPTC
Inns ‘seriously considering’ new course, but will they go it alone or get a university involved?
Jun 5 2017 10:47am
Bar Council backs cheaper, two-part BPTC run by the Inns of Court
Barrister super-exam?
Exclusive: The Inns of Court are looking for someone to help them design a more affordable BPTC
Anticipated 2020 launch
Oct 30 2018 9:07am
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Lady Hale uses lockdown to write her memoirs
By CJ McKinney on Apr 24 2020 12:55pm
The former Supreme Court president has secured a two-book deal
Lady Hale
So Lady Hale is smashing this whole self-isolation thing.
While the rest of us are binge-watching Tiger King, the recently retired Supreme Court president is using lockdown productively — by writing her memoirs.
The Bodley Head publishing house announced yesterday that Lady Hale’s autobiography will be coming out in 2021.
Describing the forthcoming book, Lady Hale said: “Mine is not a rags to riches story — either at the beginning or at the end — but it is the story of how a little girl from a little school in a little village in North Yorkshire became the most senior judge in the United Kingdom — when all the previous holders had been men from public school backgrounds with stellar careers as barristers. It is the story of how she found that she could cope. And it shows how other women and people from similarly small beginnings, without any connections or obvious advantages in the law, will find that they can cope too.”
Her deal with the Bodley Head is for two books: the memoir, plus “an exploration of the importance of the law… illustrated using key judgments”. Perhaps the publishers had to agree to the worthy tome as the price of getting the memoir.
Stuart Williams, publishing director at the Bodley Head, said: “I expect her books to be direct, warm, arresting and candid, and to introduce readers to a great mind and a great campaigner”.
He added that “her historic and dramatic role in determining that Parliament had not been prorogued gave her an even greater national prominence”.
Hale shot to stardom after delivering the court’s unanimous 2019 judgment that the government had unlawfully prorogued (suspended) parliament at a pivotal time for Brexit.
That single case may well define Hale’s legacy outside the legal world: the Guardian described her yesterday as the “no-prorogation justice”.
She is not the first former Supreme to write her memoirs: Lord Hope’s diaries were pretty controversial, while Lord Dyson used his autobiography to take aim at the “disastrous” former Justice Secretary, Liz Truss.
But both those tie-ups were with specialist legal publishers. The Bodley Head is a non-fiction arm of publishing giant Penguin Random House and says that “our books come from some of the leading writers and thinkers of our time”.
Sign up to the Legal Cheek Newsletter
books Judges Lady Hale Supreme Court
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Notes Playlist
Walking in L.A.
Movie Soundtracks Buy This Song
Missing Persons is an American band that plays a blend of New Wave and pop rock. The band was founded in 1980 in Los Angeles by guitarist Warren Cuccurullo, vocalist Dale Bozzio, and drummer Terry Bozzio. They went on to add bassist Patrick O'Hearn and keyboardist Chuck Wild. more »
1 The Hills 2007
"Walking in L.A. Movies." Lyrics.com. STANDS4 LLC, 2021. Web. 16 Jan. 2021. <https://www.lyrics.com/movies/10509790/Missing+Persons>.
Discuss the Walking in L.A. Movies with the community:
Missing Persons tracks
The song "Daddy Issues" is from the group
A. The Mavericks
B. BTS
C. The Neighbourhood
D. Panic at the Disco
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MIRA closes second Asian regional infrastructure fund at $US3.3 billion hard cap
Singapore, 03 April 2018
Macquarie Infrastructure and Real Assets (MIRA) has closed its second Asian regional infrastructure fund with $US3.3 billion in investor commitments1
Brings MIRA’s global fundraising to $US24 billion over the past two years2
Macquarie Infrastructure and Real Assets (MIRA), a division of Macquarie Group (ASX: MQG; ADR: MQBKY), today announced the close of its second Asian regional infrastructure fund at its hard cap of $US3.3 billion in investor commitments. This brings MIRA’s global fundraising to $US24 billion in the past two years.
More than $US1.7 billion of Macquarie Asia Infrastructure Fund 2 (MAIF2) capital has already been committed across toll roads, renewables and petrochemical storage assets in India, the Philippines, Singapore and China.
The close of MAIF2 follows the success of its predecessor fund, MAIF1 which closed in early 2016, and is now fully deployed across seven countries in Asia-Pacific.
"The fundraising achieved for MAIF2 demonstrates our ability to create compelling opportunities for our partners and clients over the long-term.
"Our success in Asia has been driven by our approach of building strong local teams on the ground, with the necessary knowledge and skills to successfully execute investments and manage assets in those markets," said Martin Stanley, Global Head of MIRA.
"The Asian infrastructure market is maturing and continues to provide attractive investment opportunities across diverse sectors. The Fund’s regional mandate allows us to capitalise on these opportunities across geographies, thereby optimising the overall risk-return position," said David Luboff, CEO of MAIF Fund Series.
MAIF2 has attracted commitments from a diverse group of returning and new investors across Asia-Pacific, North America, Middle East and Europe.
MIRA has been investing in infrastructure in the region since 1994 where it currently manages over 50 infrastructure assets. MIRA managed funds have more than $US21 billion3 of assets under management in Asia-Pacific across the infrastructure, real estate, agriculture and energy sectors.
Equity under management
FY17 - FY18 YTD
Assets under management (AUM) 31 December 2017
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The Diy Of The Book World: Self Publishing
The pandemic brought out the author in the best of us, and short stories, novellas, tales about living through a lockdown came alive. But the self-publishing industry is one that’s existed forever, and has only grown over time. Here’s a lowdown on where it
Samreen Tungekar
When author Siddhartha Gigoo self-published for the first time, it wasn’t really a planned decision. Gigoo has gone through the traditional publishing route (his book in January this year was through a publishing house), and while that took him a good one and a half years, he self-published Love in the Time of Quarantine in 21 days. It took technology, Kindle Press, and determination.
This is a conversation with authors that have self-published, platforms that allow self-publishing, the pros and cons of both forms of publishing, and India’s most important literary agent weighing in. Brace yourself.
Kindle Press has a lot to do with how self-publishing became even more accessible. In 2008, Amazon’s Kindle Direct Publishing (KDP) launch meant writing is now open to all. KDP provided authors tools that can help them do the head-to-toe of a book on their own — writing, editing, formatting, designing a cover, and making an ebook. Gigoo’s experience with self-publishing has been good, because he’s sick of people asking him, “Who is the publisher?”
How does it matter who is the publisher, he retorts. “When a movie is announced, does anyone ask who the studio is? I find this question extremely baffling, as if the publishing house decides if the author’s work is good. People have this mindset,” he adds.
One of the limitations of traditional publishing is enormous delays. Gigoo explains that traditional publishers have loads of book proposals coming to them. “When I was writing my first book in 2011, it took 18 months for me to get a response from a publisher. That’s just the beginning — a yes or no. Then comes scheduling the book. Their line-up is so packed that your book will be scheduled for the next year, or the year after. By the time the process is done and the book is out, five years have already passed,” he says.
“When it comes to traditional publishing, there is no budget to even market your book, you have to pay for it. They are also cash strapped, they are in the business, so other than the initial bit of a quick sell, they aren’t invested in marketing your book. If you self-publish, you market it yourself. You have complete creative control too. When it comes to cost, there is zero cost in self-publishing, and no issues of royalty,” he adds. Author Amish — yes — the one who made mythology cool, self-published his first book, the very well received Immortals of Meluha in 2010, after being rejected by every publisher he went to. “It was a necessity,” he says.
According to him, self-publishing has now become easier, as compared to the past two decades. “Back then, the biggest problem was the minimum print runs because you had to print a minimum of 3,000 copies. Printing was a lot more expensive as well. Now, you have print-on-demand for as little as five copies. You can reasonably sell online, whereas earlier, you just had the offline models, and bookstores would not take the books of a self-published author,” he recalls.
Even though he fought the odds, Amish feels being published by traditional publishers is a lot easier. “Publishers get you proper distribution, which is difficult for an individual to do. So, if there’s a choice, one would obviously prefer to be published by a mainstream publisher. Self-publishing is a route you take if there’s no option,” he clearly states.
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CLICK HERE FOR ONLINE AUCTIONS
Leonardo Nierman
THE BEATLES IN AMERICA
" The Beatles Arrive in New York"
The Beatles arrive in New York for the very first time, stepping off of a Pan Am Boeing 707 on Friday February 7, 1964.
The Beatles perform at the convention center in Las Vegas on Thursday August 20, 1964.
This artwork is a:
Poster of a photograph
Michael Ochs Archives/Getty Images
Custom Framed in a black wood frame
Custom matted in a white mat with a black core v-groove
Frame Size: 21" x 16.5"
Image Size: 13" x 9"
Framed in the USA
Comes complete with installed "ready to hang" hardware
Check out our store...Would make a great pairing or grouping with other Beatles or Rock Band posters!
Interested in different framing? Let us know.
WHO WERE THE BEATLES?
The Beatles were an English rock band formed in Liverpool England in 1960. With a line-up comprising John Lennon, Paul McCartney, George Harrison, and Ringo Starr, they are regarded as the most influential band of all time. The group were integral to the evolution of pop music into an art form and to the development of the counterculture of the 1960s. Their sound, rooted in skiffle, beat, and 1950s rock and roll,i ncorporated elements of classical music and traditional pop in innovative ways. They also pioneered recording techniques and explored music styles ranging from ballads and Indian music to psychedlia and hard rock. As they continued to draw influences from a variety of cultural sources, their musical and lyrical sophistication grew, and they came to be seen as embodying the era's socio-cultural movements.
The Beatles Collection "Las Vegas" Framed Art Poster
SKU: HAYW013GF-B
© 2019 Marlin Art Auctions. All Rights Reserved.
920 Grand Blvd. Deer Park, NY 11729
customerservice@marlinart.com
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CAIR vs. the NYPD Counter-Terrorism Program
https://www.meforum.org/islamist-watch/34414/cair-vs-the-nypd-counter-terrorism-program
The Council on American-Islamic Relations is calling for an investigation into an alleged "secret NYPD-CIA program to spy on Muslims." The outrage is based on an Associated Press report about NYPD counter-terrorism efforts that sound explosive, but are actually common-sense measures that aren't anything new. This is just another example of CAIR's campaign to convince Muslims that they are being victimized and CAIR and other Muslim Brotherhood fronts are their protectors.
The AP report claims that after 9/11, the NYPD went to the CIA to help it build its intelligence-gathering capabilities. David Cohen, a 35-year CIA veteran, went to the NYPD. As a former CIA operations chief, he was an understandable choice. Cohen then asked CIA Director George Tenet for more support and he sent Larry Sanchez in March 2002. The loaning of operatives between government agencies happens regularly and is nothing new, but the receiving agency is supposed to pay the tab of the loaned officer. To the shock of the AP and CAIR, Sanchez remained on the CIA payroll.
The fact that the CIA shared expertise to the NYPD when it was reforming its counter-terrorism strategy is a good thing, and even if Sanchez's salary shouldn't have been paid by the CIA, that is not a violation of civil liberties. That's a problem for the accountants to handle. The outrage over the program makes it sound like the CIA was engaged in domestic spying, which would indeed be a clear violation, but that's not what is happening. The CIA, including the CIA officers on loan to the NYPD, did not engage in the intelligence-gathering. The agency simply provided guidance. It remained an NYPD operation.
Related Topics: Government, Lobby Groups, Mosques / Imams, Multiculturalism, Police / FBI receive the latest by email: subscribe to the free mef mailing list
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Graphic Novel Review: Paper Girls, Vols. 1-2
Rex Baylon
– June 17, 2017Posted in: Arts, Books & Literature, Visual Arts
The public’s current fascination with the 1980’s, specifically its pop culture, could be interpreted by many as kitsch, vulgar or sentimental art for mainstream tastes, yet that interpretation reduces the psychology of the masses into reductive nostalgia. Television shows like “Stranger Things” explore suburban dread through the prism of the two reigning Stevens of the 1980’s, King and Spielberg, while franchise reboots like “Transformers” or “G.I. Joe” are schizophrenic attempts to exploit the sincerity and innocence of those past shows while simultaneously making them “appropriate” for a 30-something audience.
Cut to Brian K. Vaughan’s new triumph, Paper Girls (2015-present), a melding of all those peculiar sensibilities we love about ‘80s pop culture with our current apprehensions about our future. Centered on a group of teenage paper girls from 1988 who get entangled in a steampunk phantasmagoria involving time travel, pterodactyls, slug monsters, and seemingly innocuous Apple products. Our audience surrogate, Erin, is a hardworking, responsible, but lonely character. Typical of ‘80s teenage archetypes, she is a social outcast and, taking a page from classics like “The Goonies” or “Monster Squad”, it doesn’t take Erin long to find a clan of likewise outcasts to belong to. Like all good ensembles, each supporting character fulfills a specific role. Mac is the alpha female of the group, tough-as-nails but a bit hotheaded. Tiffany is the smart levelheaded one, always playing second fiddle to Mac’s achievements, and KJ is the group’s protector.
In the first volume of the comic, we are plopped into the story with very little warning, as Erin and her newfound friends get accosted by a group of ninja-garbed mutant teenage boys, temporal tourists who’ve got an odd habit of filching old-school communication devices. Adding to that is a cadre of pterodactyl-mounted space knights that are in hot pursuit of Erin, her friends, and two of the mutant space boys, Heck and Naldo. By the close of the first trade paperback, our titular heroes end up taking a tumble down a temporal rabbit hole and get spit out on the other side of 2016. The story continues in the second volume as a quest to find a lost friend in the detritus of our dystopian present, all while trying to not get killed or captured by the resident bad guys of the story, the “old-timers.”
With all the twists and quantum turns of the narrative, first-time readers might be put off by Paper Girls, viewing the graphic novel as a labyrinthine hodgepodge of ideas and visual spectacle, but it is really a simple coming of age tale. The girls act very mature for their ages: cursing, smoking, and even occasionally expressing themselves in an erudite manner. Yet like all teenagers, Erin and her friends are wrestling with a fear of the future, afraid that their lives won’t progress any further than a few steps out of their familial homes and scared that disappointment will be the only recurring feeling in adulthood. Vaughan depicts this theme in various ways, be it through Erin’s Dali-esque dream sequences, the trope of having a character meet his or her older self, and visual exposition. For example, when a character’s life flashes before her eyes, it is presented as a four-page, nine-panel sequence wherein her life is juxtaposed with a game of Brick Breaker she is playing as seasons change and the world around her passes her by.
Cliff Chiang’s artwork coupled with Matt Wilson’s coloring perfectly evokes a 1980’s aesthetic. Wilson, in particular, with his choice of neon purples, hot pinks, scorching yellows, and methylene blue color palette reference ‘80s staples like “E.T.” and early MTV music videos, and the neon-noir genre that came to fruition during the “Me” Decade. The blocks of solid colors, applied on the page like graffiti, nicely contrasts with Chiang’s line work, which exhibit the characteristics of a calligrapher’s assured pen strokes.
For many comics aficionados, the name Brian K. Vaughan is a moniker of quality, and unsurprisingly Paper Girls is another masterpiece in his canon. It is a work of unparalleled beauty that plumbs the depths of teenage ennui to present us with a story of four girls trying their hardest to make sense of a confusing set of circumstances, then realizing that friendship with each other is their best weapon for survival.
Paper Girls Vols. 1 and 2 are available on Amazon.com. The third volume will be released in August.
Graphic Novel Review: “Deadly Class” Vols. 1-3 (Issues 1-16)
Like the '80s high school milieu it is set in, Deadly Class is a brutal heartbreaking read that will be an essential part of any comic fan's library....
Graphic Novel Review: “Velvet” Vols. 1-2 (Issues 1-10)
It's not such a leap that Ed Brubaker would yet again craft an engaging noirish thriller for his readers in Velvet, an ongoing series that began in 2013....
Graphic Novel Review: Daytripper
Do any of us really take full advantage of all that life we’ve been given to live? That is the question which plagues the main character in Daytripper....
Tags: Graphic Novels
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Mental Health Facilities Gibson City, IL
Mental Health Facilities in Illinois
Mental Health Facilities in Ford County, IL
Mental Health Facilities in Gibson City, IL
Here is a list of all mental health facilities in Gibson City, IL. Majority of the facilities provide dual diagnosis treatment. Gibson City mental health clinics provide treatment to men, women and teenagers who have mental health problems that include depression, anxiety, panic disorder, eating disorders, OCD, PTSD and other issues and phobias.
Are you looking for inpatient dual diagnosis treatment for a co-occurring mental health and substance use problem?
Call (888) 336-6924 to discuss the best treatment options. 100% free service.
Behavioral Wellness Center
Behavioral Wellness Center is a mental health facility in Gibson City, IL, located at 4 Doctors Park, 60936 zip code. Behavioral Wellness Center offers Telemedicine/telehealth and Outpatient treatment. Behavioral Wellness Center provides Dialectical behavior therapy, Group therapy and Couples/family therapy to Young adults, Adults and Children/adolescents. Behavioral Wellness Center also supports Seniors or older adults. Some other services provided by Behavioral Wellness Center include Family psychoeducation, Case management and Integrated primary care services.
Community Resource And Counseling Center - 13.5 miles from Gibson City, IL
Community Resource And Counseling Center is a mental health facility in Paxton, IL, located at 1510 West Ottawa Road, 60957 zip code. Community Resource And Counseling Center offers Outpatient treatment. Community Resource And Counseling Center provides Trauma therapy, Psychotropic medication and Integrated dual diagnosis disorder treatment to Seniors 65 or older, Young adults and Children/adolescents. Community Resource And Counseling Center also supports Persons with serious mental illness, Persons with co-occurring mental and substance use disorders and Clients referred from the court/judicial system. Some other services offered by Community Resource And Counseling Center include Family psychoeducation, Illness management and recovery and Court-ordered outpatient treatment.
Rosecrance Walnut - 24.3 miles from Gibson City, IL
Rosecrance Walnut is a mental health facility in Champaign, IL, located at 801 North Walnut Street, 61820 zip code. Rosecrance Walnut offers Outpatient treatment and Telemedicine/telehealth. Rosecrance Walnut provides Behavior modification, Individual psychotherapy and Psychotropic medication to Young adults, Seniors 65 or older and Adults. Rosecrance Walnut also supports Persons with serious mental illness, Persons who have experienced trauma and Persons with post-traumatic stress disorder. Some other services offered by Rosecrance Walnut include Illness management and recovery, Family psychoeducation and Intensive case management.
Pavilion Behavioral Health System - 24.4 miles from Gibson City, IL
Pavilion Behavioral Health System is a mental health facility in Champaign, IL, located at 809 West Church Street, 61820 zip code. Pavilion Behavioral Health System offers Partial hospitalization/day treatment, Residential treatment and Hospital inpatient treatment. Pavilion Behavioral Health System provides Integrated dual diagnosis disorder treatment, Couples/family therapy and Activity therapy to Adults, Children/adolescents and Seniors 65 or older. Pavilion Behavioral Health System also supports Persons with serious mental illness, Persons with co-occurring mental and substance use disorders and Children/adolescents with serious emotional disturbance. Some other services provided by Pavilion Behavioral Health System include Suicide prevention services, Family psychoeducation and Case management.
Cunningham Childrens Home - 24.9 miles from Gibson City, IL
Cunningham Childrens Home is a mental health facility in Urbana, IL, located at 1301 North Cunningham Avenue, 61802 zip code. Cunningham Childrens Home offers Telemedicine/telehealth and Residential treatment. Cunningham Childrens Home provides Trauma therapy, Individual psychotherapy and Psychotropic medication to Children/adolescents. Cunningham Childrens Home also supports Children/adolescents with serious emotional disturbance. Some other services offered by Cunningham Childrens Home include Vocational rehabilitation services, Case management and Education services.
Rosecrance Fox - 26.1 miles from Gibson City, IL
Rosecrance Fox is a mental health facility in Champaign, IL, located at 1801 Fox Drive, 61820 zip code. Rosecrance Fox offers Telemedicine/telehealth and Outpatient treatment. Rosecrance Fox provides Group therapy, Dialectical behavior therapy and Trauma therapy to Young adults, Adults and Seniors 65 or older. Rosecrance Fox also supports Persons with post-traumatic stress disorder, Persons with serious mental illness and Persons who have experienced trauma. Some other services provided by Rosecrance Fox include Family psychoeducation, Suicide prevention services and Case management.
Piatt County Mental Health Center - 29.9 miles from Gibson City, IL
Piatt County Mental Health Center is a mental health facility in Monticello, IL, located at 1921 North Market Street, 61856 zip code. Piatt County Mental Health Center offers Outpatient treatment. Piatt County Mental Health Center provides Couples/family therapy, Group therapy and Psychotropic medication to Children/adolescents, Young adults and Seniors 65 or older. Piatt County Mental Health Center also supports Children/adolescents with serious emotional disturbance, Persons who have experienced trauma and Persons with serious mental illness. Some other services offered by Piatt County Mental Health Center include Vocational rehabilitation services, Suicide prevention services and Case management.
Institute For Human Resources - 30.8 miles from Gibson City, IL
Institute For Human Resources is a mental health facility in Pontiac, IL, located at 310 East Torrance Avenue, 61764 zip code. Institute For Human Resources offers Outpatient treatment, Telemedicine/telehealth and Partial hospitalization/day treatment. Institute For Human Resources provides Individual psychotherapy, Trauma therapy and Group therapy to Young adults, Adults and Seniors 65 or older. Institute For Human Resources also supports Children/adolescents with serious emotional disturbance, Persons with co-occurring mental and substance use disorders and Persons with serious mental illness. Some other services offered by Institute For Human Resources include Court-ordered outpatient treatment, Family psychoeducation and Supported housing.
Baby Fold Family Center - 31.4 miles from Gibson City, IL
Baby Fold Family Center is a mental health facility in Normal, IL, located at 614 Oglesby Avenue, 61761 zip code. Baby Fold Family Center offers Telemedicine/telehealth and Outpatient treatment. Baby Fold Family Center provides Group therapy, Couples/family therapy and Dialectical behavior therapy to Children/adolescents and Young adults. Baby Fold Family Center also supports Persons with post-traumatic stress disorder, Persons who have experienced trauma and Transitional age young adults. Some other services provided by Baby Fold Family Center include Supported employment, Intensive case management and Suicide prevention services.
Baby Fold - 31.7 miles from Gibson City, IL
Baby Fold is a mental health facility in Normal, IL, located at 108 East Willow Street, 61761 zip code. Baby Fold offers Outpatient treatment. Baby Fold provides Dialectical behavior therapy, Trauma therapy and Cognitive behavioral therapy to Young adults and Children/adolescents. Baby Fold also supports Children/adolescents with serious emotional disturbance, Persons with post-traumatic stress disorder and Persons who have experienced trauma. Some other services provided by Baby Fold include Education services, Psychosocial rehabilitation services and Family psychoeducation.
Mclean County Center For Human Services - 32.0 miles from Gibson City, IL
Mclean County Center For Human Services is a mental health facility in Bloomington, IL, located at 108 West Market Street, 61701 zip code. Mclean County Center For Human Services offers Outpatient treatment. Mclean County Center For Human Services provides Cognitive behavioral therapy, Psychotropic medication and Dialectical behavior therapy to Seniors 65 or older, Children/adolescents and Adults. Mclean County Center For Human Services also supports Persons with post-traumatic stress disorder, Persons who have experienced trauma and Children/adolescents with serious emotional disturbance. Some other services offered by Mclean County Center For Human Services include Case management, Court-ordered outpatient treatment and Suicide prevention services.
Mclean County Center For Human Services Psr - 32.1 miles from Gibson City, IL
Mclean County Center For Human Services Psr is a mental health facility in Bloomington, IL, located at 530 North Center Street, 61701 zip code. Mclean County Center For Human Services Psr offers Outpatient treatment. Mclean County Center For Human Services Psr provides Trauma therapy, Individual psychotherapy and Integrated dual diagnosis disorder treatment to Seniors 65 or older, Adults and Young adults. Mclean County Center For Human Services Psr also supports Persons who have experienced trauma, Persons with post-traumatic stress disorder and Persons with serious mental illness. Some other services offered by Mclean County Center For Human Services Psr include Illness management and recovery, Psychosocial rehabilitation services and Court-ordered outpatient treatment.
Heritage Behavioral Health Center - 37.8 miles from Gibson City, IL
Heritage Behavioral Health Center is a mental health facility in Clinton, IL, located at 40 Clinton Plaza, Highway 45, 61727 zip code. Heritage Behavioral Health Center offers Outpatient treatment. Heritage Behavioral Health Center provides Dialectical behavior therapy, Cognitive behavioral therapy and Behavior modification to Seniors 65 or older, Children/adolescents and Young adults. Heritage Behavioral Health Center also supports Persons with co-occurring mental and substance use disorders, Persons with serious mental illness and Children/adolescents with serious emotional disturbance. Some other services offered by Heritage Behavioral Health Center include Court-ordered outpatient treatment, Illness management and recovery and Diet and exercise counseling.
Iroquois Mental Health Center - 40.2 miles from Gibson City, IL
Iroquois Mental Health Center is a mental health facility in Watseka, IL, located at 323 West Mulberry Street, 60970 zip code. Iroquois Mental Health Center offers Outpatient treatment. Iroquois Mental Health Center provides Group therapy, Psychotropic medication and Cognitive behavioral therapy to Seniors 65 or older, Young adults and Children/adolescents. Some other services provided by Iroquois Mental Health Center include Diet and exercise counseling, Education services and Vocational rehabilitation services.
Douglas County Mental Health And Family Counseling Rise Behavioral Health And Wellness - 46.0 miles from Gibson City, IL
Douglas County Mental Health And Family Counseling Rise Behavioral Health And Wellness is a mental health facility in Tuscola, IL, located at 114 West Houghton Street, 61953 zip code. Douglas County Mental Health And Family Counseling Rise Behavioral Health And Wellness offers Outpatient treatment. Douglas County Mental Health And Family Counseling Rise Behavioral Health And Wellness provides Dialectical behavior therapy, Cognitive behavioral therapy and Couples/family therapy to Children/adolescents, Adults and Seniors 65 or older. Some other services offered by Douglas County Mental Health And Family Counseling Rise Behavioral Health And Wellness include Housing services, Case management and Supported employment.
Frequently asked questions at mental health facilities in Gibson City, IL:
What kind of mental health issues do Gibson City mental health facilities treat?
Mental health facilities in Gibson City can provide treatment and counseling for a wide range of mental health issues and disorders. Such issues include psychiatric disorders such as schizophrenia, PTSD in veterans or those who have experienced some sort of trauma, eating disorders such as anorexia and/or bulimia, depression, delusional disorder and psychosis, mood and personality disorders, anxiety disorders, various forms of phobias, and bipolar disorder.
Do mental health facilities in Gibson City also treat drug and alcohol addiction?
4 out of 5 mental health facilities in the state of Illinois also provide addiction treatment services for those who suffer from dual diagnosis – a mental health condition along with a drug addiction or alcohol addiction.
Are there both inpatient and outpatient mental health clinics in Gibson City?
The two types of mental health facilities in Gibson City can work on either an inpatient, also known as residential, or outpatient basis. The outpatient mental health clinics will provide counseling and mental health services but do not require overnight stays at the facility. Both types of facilities will have licensed mental health counselors and other professionals as part of staff. The residential in-patient mental health facilities require a prolonged stay at the facility to completely cure the mental health issues.
Is luxury mental health treatment available in Gibson City?
Certain mental health facilities in Illinois are considered luxury or upscale. These facilities may offer luxurious treatment along with mental health services, although they are also more expensive than non-luxury clinics.
What age groups can get mental health treatment in Gibson City?
Mental health services in Gibson City are available for any age group, whether the people seeking treatment are teenagers, young adults, older adults, men or women.
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Full list of all mental health facilities in Gibson City, IL and nearby within a 75 miles vicinity.
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Photos: Washington State Landslide's Path of Destruction
By Megan Gannon 26 March 2014
Washington Mudslide Before & After
(Image credit: DigitalGlobe)
Before-and-after satellite images of the small community of Oso, Wash., which was devastated by a landslide on March 22, 2014. The photo on the left was captured on July 13, 2013, and the photo on the right was snapped on March 31, 2014.
Landslide's Aftermath
This striking photo of the damage caused by the Washington State landslide was captured by DigitalGlobe satellites on March 31, 2014.
Major Disaster
The landslide, which struck on March 22, 2014, devastated the small town of Oso, Wash.
Path of Destruction
The landslide's path is visible in this photo, which was snapped by DigitalGlobe satellites on March 31, 2014.
Lush Hillside
This satellite photo, taken on July 13, 2013, shows the region surrounding Oso, Wash., before it was struck by a deadly landslide on March 22, 2014.
Landslide from Space
(Image credit: NASA Earth Observatory)
The Operational Land Imager (OLI) aboard Landsat 8 acquired this image on March 23, 2014, showing the devastation from a landslide that struck near Oso, Wash.
Before the Landslide
This satellite image shows the area near Oso, Wash., on Jan. 18, 2014, two months before the landslide.
Deadly Landslide
(Image credit: King County Sheriff's Office - Air Support Unit)
On March 22, 2014, a deadly landslide struck in Washington State, about 50 miles north of Seattle on the banks of the Stillaguamish River.
Aerial Images
Authorities took images of the landslide site on March 24, 2014, two days after the disaster, during an aerial survey conducted by the Washington State Department of Transportation, Washington State Department of Natural Resources, U.S. Geological Survey and King County Sheriff's Office.
The landslide buried houses and flattened trees near Oso, Wash.
Buried in Mud
Images from the aerial survey show the extent and impacts from the landslide in northwest Washington.
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May 31, 2002 Phyllis Galde READ TIME: 13 mins
Why use quartz crystals? What is it about them above all other stones that makes them so
special?
Quartz crystals have been used since ancient times as powerful healing objects and meditation tools, and to make medicinal elixirs. Wise adepts have long known about their qualities and have used crystals for powerful talismans and amulets. Throughout history people have valued the beauty of quartz crystals and have used them for ornamental decoration. References to crystals are found in both the Old and New Testament, and in many other sacred teachings
throughout the world.
How can minerals or stones have any influence or value? It is because there is a consciousness inherent in all forms of matter. Even rocks have their own consciousness! We use these crystals of the mineral kingdom to aid us in attunement with different aspects of ourselves.
Crystals have their own particular vibration of a precise and measurable intensity. This vibration attunes itself to human vibration better than any other gem or mineral. Quartz crystal is used to amplify, clarify and store energy. When you create a thought, you can amplify and clarify it by using a crystal. Quartz has long been recognized for its ability to produce electrical impulses. (Pressure on quartz crystal generates a minute electrical charge called
piezoelectricity.)
You can learn how to handle and work with crystals to heal yourself, others, and the Earth. Crystals have long been revered for use in magick, for psychic development, and to see into the "hidden dimensions" that permeate physical reality. It is said that crystal has the ability to rebroadcast energy from the Universal Mind so your "inner self" can pick it up, granting you heightened perception. A crystal is a focus for this knowledge and help, and it magnifies and
transmits psychic energies and healing powers.
Crystals have a hexagonal, symmetrical shape. This is a basic form in geometry, physics and atomic theory, and is a universal, perfect form in the structure of matter. The energy that radiates from clear quartz, the piezoelectric effect, amplifies healing abilities.
As a rose has been called the most perfect representation of beauty in the plant kingdom, the quartz crystal is the essence of perfection in the mineral kingdom.
The use of any form of quartz crystal will benefit you. What can you do with these gemstones and crystals to help yourself? Meditate with them. Place them on a part of your body that needs healing. Carry them around in your pocket. Wear them as jewelry or use them as a keychain. Sleep with them under your pillow. Put them on your desk, kitchen table, coffee table, anywhere that you will be near them and enjoy the benefits of their vibrations. They are just like a good
friend??"one whose companionship you delight in. Love them. Look at them. Enjoy them. They help you by their very presence. It’s a gift they freely and lovingly give to you.
Historical Uses for Crystals
Stories of the powers and uses of crystals and gems have come down to us from the beginning of time. Legends have it that crystal forces "set" the electromagnetic field of the Earth so that human souls could incarnate. The most popular stories dealing with the use of crystals date back to Atlantis. There, it is said, large crystals were used to generate power for cities, and it
was the abuse of these energies that eventually caused the destruction of this great civilization. Edgar Cayce stated that the largest crystal generator is buried under the Atlantic Ocean near the Devil\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s Triangle, and this massive shift of unfocused electromagnetic energy is what causes ships and planes to go astray.
It is said that crystals were harnessed in Atlantis for power and surgery. In ancient Egypt they were the force that enabled the huge sandstone blocks to be positioned in building the pyramids. Built atop granite, the immense pressure of these stones activated the crystals found naturally in this granite, creating a gigantic generator.
Crystals were used to light the inner tunnels and chambers while the pyramids and Mystery Temples were under construction. Ancient civilizations, particularly Atlantis, used giant crystals to focus laser light. Crystals were used to fly aircraft, light homes, heal, for agriculture, and to focus beams of energy between pyramids, obelisks, temples, stone monuments and all grid points. Each
pyramid amplified the energies to "light" Earth. Crystals were used to control weather, to attune initiates, and in radio waves for communicating with home bases in space (the orbiting Mother ships).
Crystals were used to generate energy, which was focused in various ways, not all of
which were positive. The Atlanteans used an advanced form of hypnosis in which complex detailed visuals were projected into a person\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s brain, either knowingly or not. By doing this, thoughts could be influenced, as could memory banks. Near the decline of Atlantis, the dark priesthood was involved in control over others. They used crystal power to create pestilences and diseases to kill
people by projecting holographically the images, fears, concepts, etc., they wanted to impress on people. They experimented on the populace. Scientists manipulated embryos to create subhuman forms to be used as slaves. Embryo development was arrested with crystal energy and hypnotic suggestion caused the embryos to stay more reptilian, scale-like. (Some people today are concerned
that genetic engineering could be used for control and manipulation).
Crystal generators were built which Edgar Cayce called the "terrible crystals." Many Cayce readings refer to the use of crystals in Atlantis, both for positive and negative uses.
Long ago it was learned that much good could be accomplished in the blood and nervous systems. In Atlantis and other ancient civilizations, the Earth grid system or energy ley lines were understood and utilized. Crystals were employed to accentuate this energy grid system. Crystal energy was used as a focus for other purposes also. Atlantis and Lemuria used ultrasound and other energy
forms. They used mind power by humming or "toning," and by doing so levitated rock. Crystal pyramids were used like a laser device because they could store and focus energy: sunlight energy. The crystals could encode information to a higher vibration and beam information into a person. The student could obtain the equivalent of a college education from crystal energy.
Lemurians used crystals underground to grow food because they were afraid of the giants living on the surface who were unfriendly and antagonistic. The Lemurians came to spend most of their time in caves, and so needed light energy to grow food. The stored energy from crystals was the source for this light.
In times past, crystals were used to balance harmonies in the body??"to stabilize the flow of prana, to stimulate the chakras, to raise the kundalini energy. Facets of three, five, or seven were used for certain illnesses, while four- and eight-sided crystals were used to maintain balance. Crystals of various colors??"red, green, blue, violet, white, etc., were used to heal various illnesses. Their healing properties restored eyesight to some in the hands of adept healers. Crystals were placed on the eyelids to draw in prana and heal organs inside the body. Much later in history, the American Indian shamans placed quartz crystals over their eyes to help them become more clairvoyant.
The ancient Greeks believed that quartz was "eternal ice" which came down from Mount Olympus, home of the Greek gods. The people used its natural magnifying power to focus the heat of the Sun’s rays in order to start ceremonial fires. According to the famous Roman scholar Pliny, who wrote in the first century a.d., they used the focused crystal heat from the Sun to cauterize wounds.
The ancient Egyptians held quartz sacred, and carved drinking vessels from quartz. When they drank from these cups, the water became imbued with life-giving energy. They mined quartz, and along with many cultures began to carve it into jewelry and a variety of objects, both artistic and utilitarian.
This unique form of quartz found by archaeologists has been found in such distant areas as Peru, Siberia, Australia, Chaldea, Greece, Rome, Assyria, Persia, Japan, and China. The ancient Chinese and Japanese regarded quartz as the perfect gem. The artists who carved spheres were thought to be the most capable of spiritual and artistic purity. They considered the quartz crystal ball the heart or "essence of the dragon," symbolic of the highest powers of creation. The Chinese and Japanese shared the term sui ching for quartz, which means "water essence," the source of peace and power.
Tibetan monks called crystal balls the "windows of the gods," using them as holy objects of great power. The Taoists believed that looking into the crystal’s clarity "crystallized" one\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s being, and they considered quartz the "gem of enlightenment." Buddhist altars included quartz spheres as an invocation of the "visible nothingness" that delineates the duality of the material and spiritual
Contemplation of this "visible nothingness" gave rise to crystal-gazing, which has been practiced since time immemorial. Crystal gazers use the spheres as windows to faraway places, the past and future.
American Indian Legend of Crystals
In ancient times, people lived in harmony with Nature. They spoke the same language as the animals and plants. They hunted for food only to satisfy their hunger and needs, always offering a prayer of thanks for what they had taken from Nature.
As time went on, humans lost this innocence and harmony. They took more than they needed. They forgot their prayers of gratitude. They killed animals, and each other, for sport or pleasure.
The Bear Tribe, chief among the animals, called a meeting of all the animals. They decided that something had to be done. The Bears suggested that they shoot back when the humans shot at them, but the bow and arrow required too great a sacrifice, for one bear would have to give up his life so that his sinew could be used for the bowstring. The bear’s claws were too long for shooting a bow
anyway, and would become entangled on the string.
The Deer Tribe offered another method of dealing with the problem. One of their members said, "We will bring disease into the world. Each of us will be responsible for a different illness. When humans live out of balance with Nature, when they forget to give thanks for their food, they will get sick." And in fact the Deer did invoke rheumatism and arthritis; each animal then decided to invoke a different disease.
The Plant Tribe was more sympathetic and felt that this was too harsh a punishment, so they volunteered their help. They said that for every disease a human gets, one of them would be present to cure it. That way, if people used their intelligence, they would be able to cure their ailments and regain their balance.
All of Nature agreed to this strategy. One plant in particular spoke out. This was Tobacco, the chief of the plants. He said, "I will be the sacred herb. I will not cure any specific disease, but I will help people return to the sacred way of life, provided I am smoked or offered with prayers and ceremony. But if I am misused, if I am merely smoked for pleasure, I will cause cancer, the worst disease of all."
The close friends of the Plant Tribe, the Rock Tribe and the Mineral Tribe, agreed to help. Each mineral would have a spiritual power, a subtle vibration that could be used to regain perfect health. The Ruby, worn as an amulet, would heal the heart; the Emerald would heal the liver and eyes, and so on. The chief of the mineral tribe, Quartz Crystal, was clear, like the light of Creation itself. Quartz put his arms around his brother Tobacco and said, "I will be the sacred mineral. I will heal the mind. I will help human beings see the origin of disease. I will help to bring wisdom and clarity in dreams. And I will record their spiritual history, including our meeting today, so that in the future, if humans gaze into me, they may see their origin and the way of harmony." And so it is today.
This is a Cherokee legend, but it has been told in almost every tribe in the Americas. It tells of an ancient time of peace, a mythical homeland known to every culture on Earth. The Native Americans call it the "old way" or the "original way."
Origin of Quartz Crystal
A crystal is a beautiful, perfect form. It contains within it harmony, balance, clarity and perfection. A quartz crystal takes over 10,000 years to form. They come from deep within the Earth’s core, and were formed when the Earth was evolving. Natural quartz crystals, often referred to by ancient traditions as the "veils of the earth," frozen water or frozen light, combine the elements silicon and water through a lengthy process involving heat and pressure. They are buried in the Earth, or sometimes in streambeds where they have washed down from higher ground after being dislodged. They are often found near gold. Varieties of quartz crystal, sometimes called rock crystal, are found all over the world. The largest numbers of crystals are mined in Arkansas and Brazil.
Ninety per cent of the Earth’s crust is made up of the mineral group known as silicates, a combination of silicon and oxygen, plus other elements. The simplest silicate is silicon and oxygen??"quartz crystal. Chemically, it is the oxide of the element silicon, and its chemical formula is SiO2. It has a hardness of 7 on the Mohs scale. The crystal structure of quartz is hexagonal with void spaces in geometric trails throughout the crystal.
The name crystal comes from the Greek word crystallos meaning "clear ice," for the ancient Greeks thought that these transparent rock crystals were in fact frozen water turned into stone. Another legend has it that Holy Water was poured out of the Heavens by God and frozen to ice in outer space on its voyage to Earth. Angels petrified the "Holy Ice" to preserve it as a protective blessing for humanity.
Quartz is the most common mineral found on the Earth. In the world of gemstones, quartz supplies more different varieties than any other mineral. Gem quartzes can be divided into three main groups:
- crystallized quartz
- compact quartz
- cryptocrystalline quartz
Most crystals are formed by the repetitive addition of new matter to a growing crystalline mass. Some crystals have their origin in the magma or fiery gases of the Earth’s interior or in the volcanic lava streams which reach the Earth’s surface. These minerals, which include quartz, are called igneous. They are formed by the solidification of this molten mineral as it cools and hardens. As the molten rock mass cools, the atoms group together to form the essential regularity that determines the shape and composition of the crystal.
Some crystals grow from vapors in vents in volcanic regions. This type of crystal includes sulfur, and is condensed from hot mineralized gases into a solid state as the vapors are escaping from the inner Earth.
Some crystals form from water solutions or grow with the help of organisms on or near the Earth’s surface. These crystals are known as sedimentary minerals, and are formed through the process of mechanical or chemical weathering. Air, water, wind and ice are the main erosion factors involved in dissolving the Earth’s materials that will eventually be cemented together and occasionally crystallize.
Also, new minerals are formed by the recrystallization of existing minerals under great pressure and high temperatures in the lower regions of the Earth’s crust. These metamorphic minerals undergo structural and chemical changes after the original formation, reorganizing the atoms and creating different textures, compositions and crystals.
Tea Leaf Reading For Beginners
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Israel and Palestine: The only way out
The general crisis of capitalism is expressing itself as a general instability everywhere. Nowhere has this had more destabilising effects than the Middle East. This instability is being fuelled and exacerbated by US imperialism, which has decided that it is free to intervene anywhere it likes under the pretext of the so-called war against terrorism. Ariel Sharon is calling his new military campaign a war against terror. And while it is self-evident that Bush gave him the green light to launch his attack on the Palestinian Authority, Washington is now becoming alarmed at the consequences.
The general crisis of capitalism is expressing itself as a general instability everywhere. Nowhere has this had more destabilising effects than the Middle East, as we see from the events in the West Bank and Gaza.
This instability is being fuelled and exacerbated by US imperialism, which has decided that it is free to intervene anywhere it likes under the pretext of the so-called war against terrorism. Ariel Sharon calls his new military campaign in Palestine a war against terror. America agrees with him. It is a self-evident fact that Bush gave Sharon the green light to launch his attack on the Palestinian Authority, although Washington is now becoming alarmed at the consequences.
The noisy protests against terrorism leaves out of account the horrors inflicted by state terrorism. Taking his cue from George W Bush and his "anti-terrorism" campaign, Sharon has sent the tanks rolling into Palestinian towns and villages, spreading murder and mayhem of unimaginable proportions. They attacked Ramallah, where Yasser Arafat remains a prisoner in all but name, smashing anything in their path - buildings or people.
The unbridled violence displayed by the Israeli army has few parallels even in the blood-soaked history of Palestine. No distinction is made between combatants and non-combatants. Most of the victims are civilians, including men, women and children. Wounded people have been left to bleed to death in the street. The Palestinians have been prevented from burying their dead. The population is deprived of food, water and electricity. Palestinian women have had to give birth in the road, prevented by Israeli roadblocks from getting to a hospital; some have died as a result.
The Israeli army is deepening its conquest over six Palestinian cities and a dozen or so villages. They are shooting at anything that moves, killing and maiming men, women and children. On April 8, the Israeli army extended its operations in the West Bank, combing through villages in search of Palestinian militia fighters and arms. In Bethlehem battles flared in the refugee camps and around the Church of Nativity, where an bloody stand-off continued between 200 Palestinian militiamen, clergymen and civilians trapped in the sanctuary and Israeli soldiers and tanks. This called forth a protest from the Pope. The Israelis took no notice. After all, to quote Stalin, how many divisions does the Pope have?
But the worst carnage took place in Jenin refugee camp and in the Old City of Nablus - both strongholds of the Palestinian militias. In Jenin, Israeli army bulldozers ploughed through ramshackle buildings in pursuit of Palestinian fighters; helicopters fired rocket after rocket into mosques; and Israeli and Palestinian machinegun fire raked a camp that is home to 13,000 refugees. The Palestinian militias have fought back with great courage. In one ambush, 13 Israeli soldiers lost their lives.
A white-faced Sharon reported to the Knesset that the resistance in Jenin had been far heavier than expected. This reactionary hypocrite publicly lamented the loss of young Israelis whom he has sent to their death in an unjust cause. Yes, the Israeli army is taking some casualties. But this is nothing compared to the losses suffered by the other side. How many Palestinian have been killed, no one knows. A doctor at Jenin hospital, interviewed by The Economist could not be sure, because his ambulances are fired on when they try to cover the 200 metres to the camp. It is the same in Nablus, as soldiers and fighters fight house-to-house - and sometimes hand-to-hand - through the Old City's warren of cobbled streets.
The excuse for this brutal display of naked militaristic power was the suicide bombing of a dining-roomful of elderly Jews at their Passover supper in Netanya, which killed 26 people. This was horrific, but not isolated. Over the past two years, there have been scores of atrocities on both sides. The slaughter continues with mounting intensity with every day that passes. One act of violence leads inexorably to another. In response to the brutality of the Israelis more Palestinian "martyrs" will be sent out from the West Bank to wage a campaign of terror against Israeli civilians
The campaign of suicide bombings has shocked Israeli society, because it underlined the vulnerable situation in which ordinary Israelis now find themselves. Pacifists wring their hands. European governments issue pious declarations about violence. Yes, violence is abhorrent to all thinking people. But such pious declarations do not get us very far. It is necessary to ask the question: where does this violence come from? In order to cure a disease, an accurate diagnosis is the first prerequisite..
George Bush, who is quite prepared to bomb and kill people when it suits him, issues stern warnings to both sides to "end the violence". There is a little detail which he has apparently failed to notice, namely that the Intifada is a war against Israel's occupation of the Palestinian lands. Therefore, on the part of the Palestinians, it is a just war, whereas on the part of Israel, this is a war to occupy someone else's land and to perpetuate the oppression of one people by another. To try to place both sides on the same level is pure hypocrisy and in practice aids the oppressor against the oppressed.
That is the substance of the matter, its real content. But after content comes form. What is held up is the methods used by the Palestinians in their fight against Israeli imperialism. And it is true that some of the methods used, involving the indiscriminate killing of Israeli civilians, are appalling. They are terrible. They are shocking. But the question that needs to be asked is: what could drive an 18-year old girl to blow herself up in a supermarket?
The position of Marxism on individual terrorism is clear. We utterly condemned the terrorist attacks of September 11 as a mindless act of mass murder, which only aided reaction and imperialism on a world scale. What has occurred since September 11 has shown that what we wrote then was one hundred per cent correct.
However, it is not at all correct to equate every act of violence with the monstrosity of September 11. Nor, as the Germans say, can one excuse one act of swinery by pointing to another. We cannot believe that a young girl would willingly destroy her own life and that of others like herself out of a mere caprice. Nor is this a case of religious fanaticism or the kind of ruthless mentality displayed by the terrorists who deliberately smashed planes full of innocent people into the World Center on September 11.
In the struggle between the Palestinians and the Israeli occupiers, the latter have all the advantages. The Israeli military machine is one of the most powerful in the world, and certainly has no equal in the Middle East. The Israeli soldiers enter the towns and villages of the West Bank inside armoured vehicles and tanks and blast everything that gets in their way. They have inflicted terrible casualties on the civilian population and Palestinian fighters. True, the Palestinian militias have fought back, but the conflict is completely uneven. By comparison, the Israeli losses have been almost insignificant.
Since the reactionary ruling circle in Israel is fond of quoting the Bible to justify their actions, let us recall the story of David and Goliath, which they may have forgotten. In the far-off days when the Israelites were a poor tribe of shepherds, they found themselves fighting an unequal war against the military might of the Philistines, a more advanced, urban-based people with a powerful army. The shepherd boy David, when confronted by the gigantic Goliath, covered in protective armour from head to foot, made use of the only weapon at his disposal- the shepherd's sling.
The tactics used by the Palestinian suicide bombers are said to be brutal and inhumane. We agree, and these are not the tactic we advocate for the liberation struggle. But in the first place, the Palestinians are fighting a defensive war - a war of national liberation against a foreign occupying force. In the second place, terrorism in a national liberation struggle is the weapon of the weak against the strong. In this struggle, all our sympathies are with the weak against the strong, the oppressed against the oppressor, David against Goliath.
Yes, some of the methods used are brutal and inhumane. But they are also the tactics of desperation. And what has driven the Palestinians to desperation? Only the brutal and inhumane conduct of the Israeli imperialists who have forcibly occupied Palestinian lands and who are holding onto them by terror. Desperation has given a new and terrible cutting edge to the conflict between Jew and Arab, locked in a bloody hand-to-hand struggle. The balance of terror has been modified, although it is the Palestinians who still suffer the overwhelming majority of casualties. In the last Intifada, the killing ratio was approximately 25 Palestinians fore every Israeli. At the start of the present uprising, it was 12:1. It is now 2:1. The odds are shortening. Both sides are suffering. But the principal victims remain the people of Palestine
Sharon's delusions
Sharon, as usual, is breathing fire and brimstone. Yet it is becoming clear that he has no clear strategy or perspective. Having a very primitive grasp of politics, he is often guided by his soldier's instincts. And all his instincts are to hold onto the West Bank and Jerusalem, and use the bullet, fist and army boot to do it. Unfortunately for him, these policies, far from ending the Palestinian uprising, are having the opposite effect.
Actually, nobody can be sure of Mr Sharon's true war aims. He is quite capable of saying one thing to his cabinet, another to the Americans, and implementing a third policy on the ground. In reality, he has no clear idea of where he is going. He is not dictating to events, but only reacting to them in the only way he knows how. As defence minister in 1982, he was the architect of Israel's calamitous war in Lebanon, which ended in a terrible massacre of Palestinians. Sharon now says that his only regret was not to have killed Arafat then. Only external pressure has prevented him from fulfilling his wish now.
Sharon has miscalculated. The merciless Israeli onslaught has not weakened Arafat. It has strengthened him by turning him into a national hero and a rallying point. Nor will it have the effect of forcing the Palestinian leadership to soften its stance and accept a compromise. The killing of Palestinian civilians will only force him to harden his conditions for accepting a ceasefire. By systematically pulverising the weak apparatus of the Palestine Authority, Sharon makes it impossible for the latter to clamp down on the militants.
Moreover, the idea that the application of overwhelming force would intimidate the Palestinians is groundless. Hitler's terror bombing of London and other British cities did not break the resolve of the British people. And so far in this intifada, the Palestinians have endured extraordinary hardships, including the loss of lives and jobs, without weakening. Instead of breaking the spirit of the Palestinians, the Israeli attack has only increased the mood of anger and bitterness, sowing the seeds of new and desperate acts of revenge.
Sharon's actions are therefore entirely self-defeating. He demands a complete cessation of all violence as a prior condition for ending his offensive, but Arafat cannot easily risk calling a stop with nothing to show for all his people's sacrifices. The prospect of peace is thus further away than ever.
Arafat cornered
Sharon blames Arafat for all his problems. If it were not so tragic, it would be funny. In reality, Sharon's arguments are nonsense. Arafat did not plan the intifada. And it was not possible for his policemen to stop every suicide bombing, even if they wanted to. After Sharon's provocations, they have not even tried. But before that, Arafat tried to clamp down on the Palestine militants, many of whom he arrested.
Unable to control the militants, Arafat is posing as a champion of the national liberation struggle. He is playing both ends against the middle, appealing to the Americans and Europeans to intervene to save him, while simultaneously dropping hints to the revolutionary youth of Palestine that he is "really on their side". In reality, he is trying to use the mass movement as a bargaining chip in his negotiations with imperialism and the "moderate" Arab regimes
Now, with the noose tightening around his neck, Arafat calls for "a million martyrs" to liberate Jerusalem. This is just demagogy. For thirty years Arafat and the PLO leaders have shown that they are organically incapable of waging a serious liberation war against Israel. By signing the Oslo agreement, he in effect abdicated the fight for real Palestinian self-determination. He is largely responsible for the present bloody mess. No trust whatsoever can be placed on these people.
The Palestinian leaders are still looking to the imperialists to pull the hot chestnuts out of the fire for them. Arafat is hoping that the orgy of violence will bring about outside intervention. He thus places all his hopes on a change of heart by America. He dreams that international peacekeepers will save him and put pressure on Israel to agree to a settlement, possibly on the lines of the plan put forward by Saudi Arabia. This would offer Israel peace in exchange for withdrawing all the way back to its pre-1967 borders.
Washington, to be sure, would have nothing against such a deal. After all, it is not their territory, so they can afford to be generous. They are worried about the effects of the conflict in the Middle East and particularly about the future of pro-US Arab regimes like Egypt, Jordan and Saudi Arabia. But Sharon has other ideas. This rabid reactionary has set his face firmly against compromise. His motto is: what we have, we hold.
America and Israel
The present occupant of the White House - never a model of coherence - has distinguished himself on this occasion by giving out the most confused and confusing signals. However, on this occasion, the intellectual limitations of George W Bush cannot be held entirely responsible for the confusion.
America is faced with a serious dilemma in the Middle East. On the one hand, Israel is their only really firm point of support in the region. On the other hand, the brutal actions of the Israelis against the Palestinians threaten to destabilise the whole region, where the USA has vital economic and strategic interests. No wonder poor George is even more incoherent than usual!
America sent General Anthony Zinni to negotiate a ceasefire. But diplomacy always has a relative weight in the relations between states. The paper language of diplomats is always subordinate to the weightier argument of bombs and high explosive shells. Having starting their offensive, the Israeli generals are reluctant to call it off before it has dealt a shattering blow (as they hope) against the Palestinian militias.
Not for the first time, the interests of Washington and Tel Aviv are contradictory. But Sharon knows he holds an ace card in his sleeve. The USA dare not break their relationship with Israel. The US General cuts a pathetic figure as he treads his weary path from one Tel Aviv office to another, and is fobbed off with diplomatic assurances: Peace? Certainly! But look what the other side is doing! Let them declare a ceasefire first! In the polite language of diplomacy, this means: go jump in the Dead Sea!
In a speech on April 4, George Bush signalled a deeper engagement with the crisis, saying that Colin Powell, the secretary of state, would travel to the region. The president also restated calls for Israeli restraint - while at the same time affirming Israel's "right to defend itself". Of the Palestinians' right to defend themselves against a foreign invader, nothing is said.
The Americans, and the so-called Labour Party which is at present a member of Sharon's "unity" cabinet, while fearful of the consequences of Sharon's policies, have been tacitly supporting him, at least up till now. There is an element of cynical calculation in the conduct of the Americans. Together with their stooges in the leadership of the Israeli Labour Party, they are probably hoping that Israeli military pressure will persuade Arafat to accept the ceasefire terms he has so far refused from General Zinni; and that this will in turn lead, via America's Tenet (security) and Mitchell (confidence-building) plans to the path of negotiation.
They hope that this war will force the Palestinians back to a ceasefire and peace talks. "Let Sharon kick them around for a while," they reason. "Then when they have been sufficiently softened up, we can step in as defenders of the peace, and push through a compromise plan." That is why Powell is taking his time. He plans to visit Morocco, Saudi Arabia, Egypt and Jordan before coming to Israel. While pleading for peace, Bush is giving Mr Sharon a few more days to press home his assault. But he would like to place a limit on the Israeli offensive, for fear of the repercussions in other Arab countries. And Sharon is not listening.
This has put Mr Bush in a deep dilemma. Faced with Israel's open defiance, the White House is dithering. George W Bush is intent on the pursuit of his "global war" on terrorism. He now has his sights set on Iraq. But Sadam Hussein has skilfully used the crushing of the Palestinians to build bridges with the Saudis and other "moderate" Arab regimes. The anti-terrorist coalition so painfully put together by Bush after September 11 is already in ruins. If he goes ahead with his plan to attack Iraq, not a single Arab regime could afford to back him.
In an attempt to calm Arab public opinion, Washington now says it supports a Palestinian state. Arafat is clinging to this like a drowning man clutching at a straw. But this is a self-evident deception. Any such state could only come into existence with the permission of the Israelis, who would make sure that it was under their control.
The Americans' calculations have immediately come up against a series of obstacles. On the Palestinian side, the bloodshed and violence has produced a hardening of attitudes, not the reverse. As for Sharon, he is a champion of Jewish settlements in the West Bank who hates even the Oslo agreement. He has ignored the reiterated warnings of George Bush to end the incursion and open a "pathway to peace". Instead, he has merely stepped up the violence. His troops have even fired on the Church of the Nativity in Bethlehem, as we have pointed out. The Bible informs us that the Almighty once showed his backside to Moses. Sharon is now doing the same to the West. However, he will not remain for long in this undignified posture.
The danger of a wider conflict
Napoleon pointed out that the bloody equation of war is the most complicated of all. Israel's latest military adventure will have unlooked-for consequences. The Economist (April 6) warns:
"It could set alight Israel's border with Lebanon and destabilise Arab countries, such as Egypt and especially Jordan, that have made peace with the Jewish state. It could cause the permanent withdrawal of the peace offer extended at the Beirut summit. And it has already confounded America's hope of Arab support for a renewed attempt to unseat Saddam Hussein.
"Beyond this, 'Operation Defensive Wall' will almost certainly fail to achieve its declared aims. One is to uproot the Palestinians' terrorist 'infrastructure'. But this consists in the main of a supply of bitter men and women willing to kill and be killed on Palestine's behalf; and the bitterness can only grow after Israel's onslaught. Another declared aim is to 'isolate' Mr Arafat. But the deadly comedy which Mr Sharon has staged around his old adversary's Ramallah headquarters has had the opposite result. Having lost much lustre for his incompetent administration of the embryonic Palestine, Mr Arafat is suddenly again the beleaguered symbol of his people's aspirations. Whatever Mr Sharon may say, the rest of the world continues to deem him Israel's indispensable interlocutor."
The more far-sighted representatives of Capital understand things as well from their class point of view as the Marxists do from ours. Far from "defeating terrorism", the actions of Sharon will only serve to inflame the situation even more. He will become the most efficient recruiting sergeant for new volunteers for suicide bombings. Even young children are now queuing up to join the ranks of the "martyrs". Such is the fruit of Israel's aggressive actions against the Palestinian people.
By its actions, Israel is destabilising the whole region. Already, Tel Aviv has announced a limited call-up of reserves in the north of the country after a broad rocket and mortar barrage, mounted by Hizbullah, the Lebanon-based Shi'ite militia, on April 7, in which seven Israeli soldiers were wounded. This suggests the imminent opening up of a second front in Israel's war with the Palestinians. And matters may not end there. Because of its involvement in Lebanon, Syria might be drawn into the conflict. Already Israel has appealed to Washington and the United Nations over the weekend to urge Syria and Lebanon to rein in Hizbullah, warning them that it could lead to what Mr Sharon called "a very large outbreak of hostilities".
In the same breath, Sharon blamed Iran for the deployment of katyushas in south Lebanon, alleging that Iranian Revolutionary Guards were active in the region, and accused Syria of providing help "without which the shooting could not occur". This is an ill-concealed attempt to bring about a collision between the USA and Iran, which has been described as a "terrorist state" by Washington.
The road to peace in the Middle East is therefore blocked by insurmountable obstacles. The whole situation is spiralling downwards, out of control. It is by no means excluded that it could end in a general war. The Arab regimes fear such a prospect as the devil fears holy water. But with every passing day, the sight of massacres and mayhem in Palestine increases the indignation of the Arab masses. There is not a single stable regime in the whole of the region. There have been demonstrations in one Arab country after another. In Amman, several Jordanian cabinet ministers were compelled to join the demonstration out of self-preservation. The Economist warned:
"The rich Gulf rulers are secure on their thrones, but Mr. Mubarak and Jordan's King Abdullah rely on American aid to prop up their regimes. They are now squeezed between the Bush administration and their own people's fury. The discomfort is specially acute in Jordan. Two-thirds of its people are of Palestinian origin, and most are in daily contact with relatives in Israeli-occupied territories, who are now besieged in their homes. Egyptians have less emotional attachments to Palestine, but some analysts fear that the country's dire economic problems have sapped public confidence in the government to the point where one serious incident could spark widespread rioting."
This puts matters very clearly.
A dialogue of the deaf
The Bush administration - fearful of a general conflagration in the Middle East, is now urging Israel to announce an immediate freeze on settlement building, as a way to increase prospects of a ceasefire. But with the present composition of the coalition in Tel Aviv there is no prospect of even negotiating over the Jewish settlements - without which no solution is possible.
Sharon has pushed his coalition government even further to the right, bringing in the National Religious Party (NRP) and the small Gesher Party. The intention is to reduce his dependence on the Labour Party, which, as the mouthpiece of Washington, cannot always be relied upon to support Sharon's belligerent policy. The leader of the NRP, Effi Eitam, opposes any Palestinian sovereignty west of the River Jordan and predicts the eventual "migration" of the Palestinians out of the country. He speaks of the mosques on the Temple Mount as "a blight of universal proportions".
The Labour Party leaders are now under mounting rank-and-file pressure to split from the coalition. This could provoke a government crisis, since the NRP and Gesher would give Sharon and his other right-of-centre allies 59 seats in the 120-seat Knesset. However, a third rightist party, the National Union-Israel our Homeland, is expected to join soon, too, and that would provide Sharon with a hard-line majority. It would also out-manoeuvre Sharon's archrival, Binyamin Netanyahu, who has been attacking him from the right.
Speaking in parliament on April 8th the Israeli prime minister, held out no hope of immediate relief, arguing Israel has no choice but to act with all its might. But sooner or later the Israeli army will have to be withdrawn. Probably the arrival of Colin Powell, the American secretary of state, will serve as the signal for this. The question is: what then?
Palestine has been reduced to a smoking ruin. The people on the West Bank are living through a nightmare. The economy has been shattered, and what remained of its governmental structures is in tatters. The Israeli assault has demolished the PA's governing and security institutions. In Jenin, for example, a local Palestinian says there is no longer a single PA police post left standing.
Sharon has spoken of the establishment of Israeli-controlled buffer zones that will envelop the Palestinian cities. In the meantime, he awaits a "responsible" Palestinian leadership. This is short-sighted in the extreme. Whoever replaces Arafat is not likely to be a more moderate option.
If the question is posed in purely military terms, neither side can win a decisive victory. The present bloody mess can continue, with ebbs and flows, for years and decades. A political solution is necessary. But who can believe in a peace brokered by the likes of Bush and Blair, or for that matter, Mubarak and king Abdullah? This would only be a new edition of the Oslo accord, probably with a few more concessions for the Palestinians. It would solve nothing and merely be the prelude to new and even more destructive conflicts and wars. If a lasting solution is to be found, the fundamental issues must be addressed.
Trotsky warned that the establishment of the state of Israel in Palestine would be a cruel trap for the Jews. This prediction has been shown to be correct. The Marxists were opposed to the setting up of the state of Israel in the first place. But now, over half a century later, the course of history cannot be reversed. The state of Israel exists and cannot be wished away. The people of Israel have their right to exist just like anyone else. But they have no right to conquer and oppress other people, as they are doing. Such conduct can only lead to more and more bloodshed, which in the end can lead to a terrible catastrophe for all the contending parties. Even if Israel presently enjoys military superiority, how long can this last? Not indefinitely, for sure. And by accumulating so much hatred, anger and bitterness, the lives of the future generations will be put at terrible risk.
The suicide attacks - involving just a handful of determined individuals - have already sown terror and destroyed normal life in the Jewish state. Ordinary Israelis begin to ask themselves: where is the security that Sharon promised when he was elected? When the state of Israel was established, it was supposed to offer a safe haven for the Jewish people after the horrors of the Holocaust. Half a century later, the Zionist dream has been exposed as a reactionary utopia. There is neither peace nor security for the people of Israel, or for anybody else in this troubled part of the world.
If there is war in the Middle East, it will end in defeat for the Arabs yet again. That is why the bourgeois regimes in Egypt and Jordan are desperately trying to avoid a war. But it may not be possible for them to resist the tremendous pressure of what has become known as "the Arab street", that is, the masses. On the other hand, the provocative conduct of the Israelis seems to indicate that at least one section of the ruling clique in Tel Aviv has drawn the conclusion that, since war with the Arabs is inevitable, better give them a bloody lesson sooner rather than later.
Defeat in war will create explosive conditions throughout the Middle East, preparing the overthrow of one pro-Western regime after another. This is a nightmare scenario for American imperialism. Yet Bush and Blair- who have displayed their complete inability to understand anything- are apparently still planning to attack Iraq - in the middle of all this! Truly, as the German poet put it "against stupidity the very gods strive in vain".
The immediate objective is to force the Israeli army to withdraw from Gaza and the West Bank. The fight against occupation must have the unconditional support and solidarity of the world working class movement. Withdraw the troops! For the right of self-determination of the Palestinian people! This is ABC for every conscious worker. But after ABC there are more letters in the alphabet.
What is required is a social revolution that will sweep away both the reactionary Arab regimes and the monstrous regime of Israeli imperialism. This perspective now seems very far away. Reaction seems firmly in the saddle and has unleashed the dogs of war. The position seems hopeless. But this is not the first time we have seen situations that were apparently hopeless, but which in fact were only seething cauldrons that eventually erupted into revolutionary developments.
In 1915, Lenin was completely isolated. Europe was being torn apart by war. The workers of different countries were slaughtering each other under the black banner of imperialism. In this carnival of reaction, the voice of the proletarian internationalists was drowned out by the din of chauvinism that taught the British and French workers to hate the German "Huns", and vice-versa. It seemed impossible that things could ever change. Even Lenin, that irrepressible optimist, thought that he would never live to see the socialist revolution.
Wars in the Middle East will solve nothing, but will merely prepare the basis for new wars. But the general instability that is both the cause of wars and their consequence will create the conditions for a revolutionary movement of the masses in the next period. If this movement is led by a conscious Marxist - that is, internationalist, tendency, it can slice through the tangled knot of seemingly insoluble contradictions and point to the only possible lasting solution: the Socialist Federation of the Middle East.
We must look beyond the present situation and see the fundamental processes. In the whole of the Middle East, conditions are slowly ripening for revolutionary developments. The present wars and bloody convulsions are a graphic expression of the fact that the old society is no longer capable of resolving the terrible contradictions that are tearing it apart. That is the essential explanation for the present madness. But the storm will eventually blow itself out. And in the cold light of day, the workers and youth of both sides will begin to ask questions and find the answers.
Only a federation, that gives full autonomy to Jews and Arabs, Druzes and Copts, Armenians and Kurds, can solve the national question once and for all. Each people would have the right to live in peace in its own designated territory, the boundaries of which must be amicably settled between them. The refugees would have the right to return. The economic potential of the region would be realised to the full in a common socialist plan of production. Unemployment and poverty would be a thing of the past. On that basis alone, the old national and religious hatreds could be overcome. They would be like the memory of a bad dream.
Is this a utopian vision? If utopian means something that is not possible, then it is precisely the present situation that answers to this description. For more than two generations Jews and Arabs have been killing themselves. The situation has gone from bad to worse. National hatred is increasing and taking on an ever more murderous hue, where women, young children and old men are regarded as fair targets. Barbarism flourishes. The whole life of the Middle East has been poisoned and blighted by this fratricidal conflict. The so-called "realistic" solutions advanced by the bourgeois and petty bourgeois nationalists have solved nothing. The situation is deteriorating all the time, threatening to produce a catastrophe for all the peoples of the region.
A heavy responsibility lies on the shoulders of the Left Wing in both Israel and Palestine. The present situation is extremely difficult, but it is absolutely necessary to fight against the stream, to combat chauvinism and fight for the unity of Jewish and Arab workers. The Israeli Marxists will fight with all their power against the monstrous occupation of Palestine. For their part, the Palestinians must understand that, unless they succeed in joining hands with the working people of Israel in a common struggle against capitalism and imperialism, their cause is a hopeless one.
Towards the end of his life, sickened by the horrors of the Peninsular Wars and the civil strife that followed, the great Spanish artist Goya painted a picture of two men locked in single combat, mercilessly flaying each other with clubs, while both are slowly sinking into a swamp. This painting accurately conveys the madness that now reigns supreme in the land of Palestine. On a capitalist basis, no solution is possible. Only a fundamental change in the class relations in the Middle East - leading to the overthrow of landlordism and capitalism - can offer a way out.
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Steve Tracy by Brights Gallery
STEVE TRACY
State/Province:ON
I'm STEVE TRACY
City:London
State:ON
Growing up in Northern California Steve filtered anything traumatic into his drawing or creativity, making things he could escape into. Later, Steve was inspired by all the freedom of discovery during the cultural revolutions of the sixty and seventies. Having lived in Hollywood, to San Francisco – where he was a member of The San Francisco Artist Guild – and then to SOHO (New York City), Steve’s work has been a reflection of his experiences, surroundings and of the advice from the many highly revered artists Steve has studied with.
After attending the School of Visual Art in New York City, Steve went out to Denver and graduated from the Art Institute. He studied printing at the Kala Institute at Berkeley, California and would exhibit in small galleries, museums and restaurants whenever he could and also began working in film. Eventually, Steve was led into painting all his canvases with a bright red background. He started this as a solution to achieve an atmospheric condition in the sky. After a while, he began to increase the temperature to a bright red. This raucous red excited him as he began to paint the cool landscapes. The blues and greens of normal landscapes became alive. The cool colors took on a whole new presence.
The eye would begin to "FLASH" as the aperture of the iris would contract or dilate on the cool or hot color. Now Steve lives and works in Colorado, teaching art at Foothills Art Center and other local cultural centers. Also, he is studying at the Arts Student League of Denver and his work hangs in some of the most famous locations in the world.
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Changes in GST due to Covid-19
October 14, 2020 Updated on October 14, 2020 by Masters India
The Covid-19 pandemic has raged its way across the country, and a lockdown was announced by the Central Government to combat the spread of the virus. The lockdown lead to various hardships for the citizens of the country. In this article, we will discuss the measures introduced by the Central Government to ease the burden on the GST taxpayers.
The prominent measures taken are:
Extension Of Time Limits For Filing Returns
Relief On GST Input Credit
Interest On Delayed Payment Of Tax
Other Points
Annual returns: The deadline for filing Annual Returns (GSTR-9 & GSTR-9C) for FY 2018-19 was extended to 30 June 2020. This was further extended to 30 September 2020 and then to 31 October 2020.
GSTR-1: For February, March and April 2020, and quarter ended 31 March 2020, the deadline for filing the return was extended to 30 June 2020. There was further extension provided as follows:
Month / Quarter
March 2020 10 July 2020
April 2020 24 July 2020
May 2020 28 July 2020
June 2020 05 August 2020
January – March 2020 17 July 2020
April – June 2020 03 August 2020
GSTR-3B:
For February, March and April 2020, the deadline for filing the return was extended to 24 June 2020.
For taxpayers with turnover more than INR 5 crores in the previous financial year, the deadline for filing the return for May 2020 was extended to 27 June 2020.
For taxpayers with turnover less than INR 5 crores in the previous financial year, the deadline for filing the return for May 2020 was extended to 12 July 2020 and 14 July 2020 based on the states listed in the notification.
For taxpayers with turnover less than INR 5 crores in the previous financial year, the deadline for filing the return for August 2020 has been extended to 01 October 2020 and 03 October 2020 based on the states listed in the notification.
Composition Dealers:
FORM GST CMP-08: The deadline for filing the return for the quarter ended 31 March 2020 was extended to 07 July 2020
GSTR-4: The deadline for filing the consolidated return for the financial year ended 31 March 2020 was extended to 15 July 2020. This was further extended to 31 August 2020 and then to 31 October 2020.
E-Way Bills: The validity of E-Way Bills expiring between 20 March 2020 and 15 April 2020 was extended to 30 April 2020. This was further extended to 31 May 2020.
The deadline for a taxpayer to file an appeal, reply, application or any other document or statement under the provision of the CGST Act 2017 between 20 March 2020 and 29 June 2020 was extended to 30 June 2020
The deadline for any authority, commission or tribunal to complete any proceeding or issue any order notice, intimation, notification, sanction or approval or such other action, between 20 March 2020 and 29 June 2020 was extended to 30 June 2020
When any time limit for completion or compliance of any action, by any authority, under section 171 of the CGST Act 2017 falls during the period between the 20 March 2020 to the 29 November 2020 and is not completed or the compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action is extended to 30 November 2020.
Presently, if an inward supply invoice does not appear on the taxpayers GSTR-2A, then the taxpayers can claim credit for such invoices only to the extent of 10% of the GST paid on such invoices. The Central Government has provided temporary relief for February, March, April, May, June, July and August of 2020 where the entire amount can be claimed as GST input credit. Taxpayers must note that such adjustments must be trued up in the September 2020 GSTR-3B.
February 2020 Nil for the first 15 days after due date and 9% p.a thereafter till 24 July 2020 Nil till 30 June 2020 and 9% p.a. thereafter till 30 September 2020
March 2020 Nil till 03 July 2020 and 9% p.a. thereafter till 30 September 2020 Nil till 05 July 2020 and 9% p.a. thereafter till 30 September 2020
April 2020 Nil till 06 July 2020 and 9% p.a. thereafter till 30 September 2020 Nil till 09 July 2020 and 9% p.a. thereafter till 30 September 2020
May 2020 Nil till 12 September 2020 and 9% p.a. thereafter till 30 September 2020 Nil till 15 September 2020 and 9% p.a. thereafter till 30 September 2020
June 2020 Nil till 23 September 2020 and 9% p.a. thereafter till 30 September 2020 Nil till 25 September 2020 and 9% p.a. thereafter till 30 September 2020
July 2020 Nil till 27 September 2020 and 9% p.a. thereafter till 30 September 2020 Nil till 29 September 2020 and 9% p.a. thereafter till 30 September 2020
Category A: Taxpayers having turnover of more than INR 5 Crores in the previous financial year
Category B: Taxpayers having turnover up to INR 5 crores in the previous financial year, whose principal place of business is in the States of Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep
Category C: Taxpayers having turnover up to INR 5 crores in the previous financial year, whose principal place of business is in the States of Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha or the Union territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi
The details are included in the notification here.
If any taxpayers have failed to file GSTR-3B due between July 2017 and January 2020, the late fee payable more than INR 250 is waived if the said return is filed between 01 July 2020 to 30 September 2020.
If any taxpayers have failed to file GSTR-4 due between July 2017 and March 2020, the late fee payable more than INR 250 is waived if the said return is filed between 22 September 2020 to 31 October 2020.
If any taxpayers have failed to file GSTR-10 due between July 2017 and March 2020, the late fee payable more than INR 250 is waived if the said return is filed between 22 September 2020 to 31 December 2020.
A taxpayer can file nil GSTR-3B/GSTR-1 via SMS through the registered mobile number
The Central Government had given directions to issue all outstanding eligible refunds by 30 April 2020
Frequently Asked Questions (FAQs) on GSTR-9
Types of GST Returns and Their Due Dates
GST Latest News
GST Calendar 2020
Categories GST Tags Covid-19 GST Changes, GST Changes Post navigation
43rd GST Council Meeting
Common Errors While Reporting E-Invoice
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Prize Information...
ENTRIES FOR THE 2021 MOGFORD PRIZE HAVE NOW CLOSED…
Food and drink must be at the heart of the winning tale. Your short story could, for instance, be about crime or intrigue; about a chance meeting over a drink; a life-changing conversation over dinner; or perhaps the details of a relationship explored through food or drink.
The two guest judges in this year’s competition are British mystery and thriller novelist, Mick Herron, and English author and broadcaster, Lemn Sissay MBE…
Competition Rules...
* Your short story should have a maximum of 2,500 words. There is no minimum and the title is not included in the word count.
* Entries for the Mogford Prize 2021 opened Wednesday 4th November 2020 (12 noon, GMT).
* There was an entry fee of £15 per submission, payable at the time of entry, a proportion of which will be donated to the charity PEN International.
* The competition closed Wednesday 13th January 2021 (12 noon, GMT).
* The Long List of 25 will be announced on this website in March 2021.
* The winner is to be announced in April 2021.
Full terms & conditions for the Mogford Prize 2021 can be found here…
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Volume Introductions
About Lowell Milken
Search Results ALL RESULTS
Yehudi Wyner
For nearly a half century Yehudi Wyner has been recognized as one of America’s most gifted composers. Although born in Calgary, Alberta, Canada, he grew up in New York City. His father, Lazar Weiner (1897–1982), was a leading exponent of Yiddish high musical culture, both as a choral conductor and as a composer, and is now the acknowledged avatar of the Yiddish art song medium. Throughout his youth, Wyner was exposed to his parents’ Yiddishist intellectual milieu, and their home was frequented by literati and artists from the Yiddish cultural orbit. (His father had the spelling of his children’s surname changed—though not his own—to preclude a common mispronunciation.)
By the age of four or five, no doubt inspired by the music he heard in that environment, Wyner began improvising short pieces that had an eastern European Jewish folk or Hassidic character. He started his formal musical life as a pianist, although he never studied with his father—who was himself a brilliant pianist. While a piano student of Loni Epstein at The Juilliard School, Wyner became increasingly attracted to composition, which he then studied at Yale with Richard Donovan and Paul Hindemith, and at Harvard with Randall Thompson and Walter Piston. After completing his undergraduate work, he spent a summer in residence at the Brandeis Arts Institute in Santa Susana, California, a division of the Brandeis Camp, where the music director was Max Helfman (1901–1963), one of the seminal figures in Jewish music in America. That program brought together college-age students as well as established Jewish—and especially Israeli—composers, in an effort to broaden the Jewish artistic horizons of young musicians. There, Wyner came into contact with some of the most creative and accomplished Israeli composers and other artists of that period, and he was introduced to new artistic possibilities inherent in modern Jewish cultural consciousness.
During his student years, Wyner did not develop any particular interest in Jewish or Judaically related music—sacred or secular—in terms of his own composing. Indeed, he was admittedly a bit rebellious vis-à-vis any personal Jewish involvement. But as it did for so many participants and students during its brief five-year existence, the Brandeis experience had a lasting impact that would later emerge in many of his works. And he was profoundly affected by the founder and director of the institute, Shlomo Bardin, whom he credits with instilling in him and his fellow students a fresh appreciation for Jewish cultural identity.
In 1953 Wyner won the Rome Prize in composition, and he spent three years at the American Academy in Rome—composing, performing, and traveling. Since then he has garnered many other honors—including two Guggenheim Fellowships as well as commissions from the Koussevitsky and Ford Foundations, the National Endowment for the Arts, the Santa Fe Chamber Music Festival, and numerous chamber ensembles and other performing organizations and universities. In 1998 he received the Elise Stoeger Award from the Chamber Music Society of Lincoln Center for his lifetime contributions to chamber music, and he has been elected to the American Academy of Arts and Letters.
Wyner joined the faculty of Brandeis University in 1986, and he has held the Naumburg Chair in Composition there since 1990. Previously he taught for fourteen years at Yale University, where he was head of the composition faculty, and he was also dean of music at the Purchase campus of the State University of New York. He was on the chamber music faculty of the Berkshire Music Festival at Tanglewood from 1975 to 1997, and he has been a visiting professor at Cornell and Harvard universities.
Although his public persona rests primarily on his contributions as a composer, Wyner has also enjoyed an enviable reputation as a pianist and conductor. He has been both a member (keyboard artist) and conductor of the Bach Aria Group since 1968, in which capacity he has directed many Bach cantatas, concertos, and motets. He has also directed two opera companies and many chamber ensembles in a wide range of repertoire. In addition, he is the leading pianistic interpreter of his father’s vast body of Yiddish lieder.
Wyner’s opera include a diverse array of orchestral chamber, choral, incidental theatrical, and solo vocal and instrumental music. His early works, such as his Partita for piano (1952), have been described as betraying a neoclassical influence that soon gave way to freer forms, more varied styles, and a more chromatic harmonic language—as exemplified by his Concert Duo for violin and piano (1955–57). A number of his more mature vocal works were written expressly for his wife, Susan Davenny-Wyner. Among these are Intermedio (1976), a lyric ballet for soprano and string orchestra; Fragments from Antiquity (1978–81) for soprano and orchestra; and On This Most Voluptuous Night (1982) for soprano and chamber ensemble. Orchestral works include Prologue and Narrative for Cello and Orchestra (1994), commissioned by the BBC Philharmonic for the Manchester International Cello Festival; Lyric Harmony (1995), commissioned by Carnegie Hall for the American Composers Orchestra; and Epilogue for orchestra (1996), commissioned by the Yale School of Music. In 2002 he was commissioned by the Boston Symphony Orchestra to write a piano concerto. Works for ensembles in various combinations include a string quartet (1985); Sweet Consort for flute and piano (1988); Trapunto Junction for three brass instruments and percussion (1991), commissioned by the Boston Symphony Chamber Players; Madrigal for String Quartet (1999); Oboe Quartet (1999); and Horntrio (1997), commissioned for forty ensembles in the United States and abroad.
“Mr. Wyner’s music, although reflecting Jewish subject matter, is of a highly dissonant idiom,” wrote New York Times critic Peter G. Davies following a concert of three of his Jewish works in 1980. “Despite their generally severe style, these scores show a sophisticated ear for unusual sonorities and an unerring instinct for what constitutes effective instrumental virtuosity.”
By: Neil W. Levin
A gebet
Baym bentshn likht
Der sholem zokher
Der yid mitn fidl
Dos gold fun dayne oygn
Ergets vayt
Friday Evening Service
Friday Evening Service (Excerpts for Psalms of Joy and Sorrow CD)
Gramen geshribn in zamd
Ikh bin der vaynrib
Ikh hob far dir a sod
Lag ba'omer
Ovnt-lid
Passover Offering
Piano Preludes
S'iz nito kayn nekht
Shtile likht
Shtile tener
Tants un Maysele
Three Poems by Abraham Joshua Heschel
Torah Service
Tsela tseldi
Two Humoresques
Unter dayne vayse shtern
Viglid
Volt mayn tate raykh geven
Yidn zingen ani mamin
Yosl klezmer
Lazar Weiner. At the piano with son Yehudi Wyner.
Lazar Weiner. At the piano with son Yehudi and daughter-in-law Susan Davenny-Wyner.
Credit: Mike Lovett | Courtesy of Yehudi Wyner
Yehudi Wyner. Milken Archive oral history session, Brandeis University. Waltham, Massauchusetts.
Credit: Milken Family Foundation
Yehudi Wyner. Shown here at age 21 performing (piano) at the Brandeis Camp Institute in Simi Valley, California, 1950.
Credit: Judy Freulich | Courtesy of Yehudi Wyner
Yehudi Wyner. Although his public persona rests primarily on his contributions as a composer, Wyner has also enjoyed a notable reputation as a pianist and conductor.
Yehudi Wyner: Composer Listen »
Lazar Weiner In Retrospect
Volume 10 Volume 5 Volume 6 Volume 7 Volume 9
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Milken Archive of Jewish Music
1250 Fourth Street
Meet the founder: Lowell Milken
© 2021 Milken Archive of Jewish Music
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The Amorous Sisters (1980)
Comedy about some schoolgirls being taught anatomy (of the sexual nature) by the sexually frustrated Barbara Moose. In bed at nighttime the girls practice their daily lessons on each other…
Forbidden Zone (1980)
A mysterious door in the basement of the Hercules house leads to the Sixth Dimension by way of a gigantic set of intestine. When Frenchy slips through the door, King…
Genre: Comedy, Fantasy, Musical
Zapped! (1982)
Peyton and Barney are fun loving high school students working on a science project with white mice. When one of the mice begins to move food toward itself with out…
Genre: Comedy, Family, Science Fiction
Young Doctors in Love (1982)
An ‘Airplane!’-style spoof of hospital soap operas—a brilliant young trainee can’t stand the sight of blood; a doctor romances the head nurse in order to get the key to the…
Who Dares Wins (1982)
When SAS Captain Peter Skellen is thrown out of the service for gross misconduct due to unnecessary violence and bullying, he is soon recruited by The People’s Lobby, a fanatical…
Country: Switzerland, UK
A trainer attempts to retrain a vicious dog that’s been raised to kill black people.
Based on the well-loved Australian classic by Mrs. Aeneas Gunn, this is the remarkable true story of Jeannie Gunn, a woman who fought to overcome sexual and racial prejudice amid…
Wacko (1982)
Cops try to track down the infamous “Lawnmower Killer”
Visiting Hours (1982)
A deranged, misogynistic killer assaults a journalist. When he discovers that she survived the attack, he follows her to the hospital to finish her off.
Victor/Victoria (1982)
A struggling female soprano finds work playing a male female impersonator, but it complicates her personal life.
Vice Squad (1982)
An unlikely Hollywood hooker helps a detective set a trap for a mutilator pimp.
Tron (1982)
As Kevin Flynn searches for proof that he invented a hit video game, he is ‘digitalized’ by a laser and finds himself inside ‘The Grid’, where programs suffer under the…
A group of college students accidentally see a local redneck kill his wife. A deadly game of cat-and-mouse ensues, with the students trying to escape the area while the killer…
Trail of the Pink Panther (1982)
The Pink Panther diamond is stolen once again from Lugash and the authorities call in Chief Inspector Clouseau from France. His plane disappears en-route. This time, famous French TV reporter…
Genre: Comedy, Crime, Mystery
Tootsie (1982)
When struggling, out of work actor Michael Dorsey secretly adopts a female alter ego – Dorothy Michaels – in order to land a part in a daytime drama, he unwittingly…
Time Walker (1982)
From deep within the tomb of the Egyptian pharaoh Tutankhamun, Professor Douglas McCadden ships the coffin of Ankh-Vanharis to the California Institute of Sciences where X-rays reveal five diamond-like crystals…
They Call Me Bruce? (1982)
While working as a cook for the Cosa Nostra, an Asian immigrant who everyone calls Bruce because of his resemblance to Bruce Lee, is duped into making deliveries of “Chinese…
The Year of Living Dangerously (1982)
Australian journalist Guy Hamilton travels to Indonesia to cover civil strife in 1965. There—on the eve of an attempted coup—he befriends a Chinese Australian photographer with a deep connection to…
The World According to Garp (1982)
Based on the John Irving novel, this film chronicles the life of T S Garp, and his mother, Jenny. Whilst Garp sees himself as a “serious” writer, Jenny writes a…
The Verdict (1982)
Frank Galvin is a down-on-his luck lawyer, reduced to drinking and ambulance chasing. Former associate Mickey Morrissey reminds him of his obligations in a medical malpractice suit that he himself…
The Toy (1982)
On one of his bratty son Eric’s annual visits, the plutocrat U.S. Bates takes him to his department store and offers him anything in it as a gift. Eric chooses…
Members of an American scientific research outpost in Antarctica find themselves battling a parasitic alien organism capable of perfectly imitating its victims. They soon discover that this task will be…
Genre: Horror, Mystery, Science Fiction
The Snowman (1982)
A young boy makes a snowman one Christmas Eve, which comes to life at midnight and takes the boy on a magical adventure to the North Pole to meet Santa…
Genre: Adventure, Animation, Family, Fantasy
The Slumber Party Massacre (1982)
An 18-year-old high school girl is left at home by her parents and decides to have a slumber party. Meanwhile, a mass murderer with a propensity for power tools has…
The Shaolin Temple (1982)
The Tang emperor is betrayed by one of his generals, who installs himself as emperor in the East Capital. The son of one of his slave workers escapes to the…
The Sender (1982)
A disturbed telepathic man is able to transmit his dreams and visions into the minds of the people around him.
Genre: Drama, Horror, Science Fiction, Thriller
The Seduction (1982)
A beautiful newscaster is stalked and tormented by a photographer obsessed with her beauty.
The Secret of NIMH (1982)
A widowed field mouse must move her family — including an ailing son — to escape a farmer’s plow. Aided by a crow and a pack of superintelligent, escaped lab…
Genre: Adventure, Animation, Family, Fantasy, Science Fiction, Thriller
Two young children and an adult in a small town have an encounter with an alien spaceship. 25 years later the children are reunited as adults in the same town…
Genre: Mystery, Science Fiction, Thriller
The Plague Dogs (1982)
The Plague Dogs is a 1982 animated film based on the 1977 novel of the same name by Richard Adams. The story is centred on two dogs named Rowf and…
Genre: Adventure, Animation, Drama
The New York Ripper (1982)
A burned-out New York police detective teams up with a college psychoanalyst to track down a vicious serial killer randomly stalking and killing various young women around the city.
The Man from Snowy River (1982)
Jim Craig has lived his first 18 years in the mountains of Australia on his father’s farm. The death of his father forces him to go to the low lands…
Genre: Adventure, Drama, Romance, Western
From a riddle-speaking butterfly, a unicorn learns that she is supposedly the last of her kind, all the others having been herded away by the Red Bull. The unicorn sets…
The King of Comedy (1982)
Aspiring comic Rupert Pupkin attempts to achieve success in show business by stalking his idol, a late night talk-show host who craves his own privacy.
The House Where Evil Dwells (1982)
At the prompting of his diplomat friend, Alex, writer Ted Fletcher takes his wife, Laura, and daughter, Amy, on an extended working holiday. Alex finds a house for them in…
The Forest (1982)
A cannibal hermit living in the woods preys on campers and hikers for his food supply.
The Executioner’s Song (1982)
In this fact-based film, Gary Gilmore, an Indiana man who just finished serving a lengthy stay in prison, tries to start anew by moving to Utah. Before long, Gary begins…
The Entity (1982)
Barbara Hershey stars as Carla Moran, a hard-working single mother until the night she is raped in her bedroom by someone – or something – that she cannot see. Despite…
On another planet in the distant past, a Gelfling embarks on a quest to find the missing shard of a magical crystal and restore order to his world, before the…
The Concrete Jungle (1982)
An unfortunate and naive girl is set-up by her boyfriend and convicted of drug smuggling. She is sent to a women’s correctional facility where she must constantly struggle to survive.
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Parasites – Life Undercover
The World of Dinosaurs
System Earth
Evolution in Action
The Cosmos and the Solar System
Birds and Indigenous Animals
Wet Collection
Masterpieces of Taxidermy
Keller’s Insect Models
Experimental Field for Participation and Open Science
Live Digitization
Humboldt Intervention
Archive: Special Exhibition
Back in 2021 – Tristan
#fürNatur digital
Podcast Süßes oder Saurier
Podcast Beats & Bones
Kindergarten and School
Families and Adults
Action Plan Research Museums
Evolution and Geoprocesses
Collection Development and Biodiversity Discovery
Digital World and Information Science
Museum and Society
Research Information Technology Infrastructure
Research Data Management Infrastructure
Transcription Workshop
Sponsorship Campaigns
Insect Sponsorships
Berlin School of Public Engagement and Open Science
For Nature
Working at Museum für Naturkunde
Viruses: Tiny and million years on earth
How long have viruses been on earth? Where did they come from And what research does take place at the Museum für Naturkunde Berlin? In this article we take you on a journey into the world of viruses. In the second part you will learn more about viruses as pathogens – and what role they could have played in evolution.
Tiny and mean: What are viruses?
Viruses are infectious, independent, non-cellular, immobile particles. Inside, they contain genetic material. Their outer shell often takes the form of geometric bodies. Most are rod-shaped or spherical, some look like threads or cuboids. The outer shell consists of proteins (protein shell). They can also have a fat shell (lipid).
Viruses exist in unimaginable numbers – they are ten times more common than bacteria. That they do not attract attention is due to their small size. They are only visible with an electron microscope and are even a hundred times smaller than bacteria. Among the smallest pathogens are those of polio, among the largest the pox viruses. An influenza virus has an average size of 0.12 thousandths of a millimetre.
Are viruses living organisms?
Viruses are no living organisms, as they do not have their own reproduction apparatus (replication apparatus) or metabolism. They can only reproduce in living host cells because they depend on the metabolism of their host cells. Therefore they infest plants, animals and humans. There are also viruses that attack bacteria. These bacteriophages researched in medicine in order to make use of them.
Viruses lack basic functions of life such as metabolism, energy production, respiration and irritability. They embody the highest form of parasitism. Like real living beings, however, they have the ability to mutate. As an independent group they connect both worlds – the inanimate and animate nature – in an elusive way. Viruses can be compared to a program that is infiltrated into a cell and has the sole purpose of multiplying.
When did the first viruses appear and where did they come from?
We can only speculate about their origin. One theory is that they are genes that have become independent, i.e. scattered chromosome particles that can no longer be controlled by the host cells. Or they developed from bacteria by losing many of their cell building blocks. According to a third common hypothesis, the first existing cell in the history of the earth has already been infected with viruses. According to this hypothesis, they would have accompanied all evolutionary steps all the way to humans, constantly producing new forms.
The latest research results assume that viruses and bacteria are very close to each other. Gigaviruses have been discovered that are larger than bacteria and already possess building blocks to be able to carry out protein synthesis – which is actually reserved for bacteria as living organisms. Charles Darwin said that the beginning of life under today's conditions can no longer be traced.
The current state of research is: 4.5 billion years ago the earth was formed and 3.8 billion years ago the first biomolecule. How these riboenzymes came into being is still a matter of disagreement among scientists. Some researchers believe that life came from outer space.
These molecules had the ability to duplicate themselves by attaching new molecules to them and thus reproduce, so they made copies of themselves. Sometimes it didn't work right, there were mutations. Over time, they adapted themselves to new hosts. The researchers cannot directly detect such old viruses. The oldest evidence of bacteria can be found, for example, in so-called stromatolites, the oldest of which are 3.6 billion years old and were found in Australia. A direct proof of ancient viruses is not known. It is a common hypothesis how viruses could have originated.
Incidentally, the gigaviruses just mentioned were found a few years ago in north-eastern Siberia, 30 metres deep in permafrost, at an average temperature of minus 13 degrees Celsius – and they were "brought back to life" by a team of researchers after 30,000 years in the ice.
Researchers estimate today's number to be around 100 million virus types that occur wherever life exists – from the deep sea to Antarctica. It is assumed that viruses in the deep sea cause microorganisms to die and release carbon on a large scale. This carbon is then available to other organisms. Viruses can thus influence ecosystems.
Research at Museum für Naturkunde Berlin
The Museum für Naturkunde Berlin researches for nature. In one field of research, all types of diseases that manifest themselves in the skeleton of fossil vertebrates are studied. The so-called paleopathology opens a view into the depths of prehistoric times, asks questions about the evolutionary origin and history of diseases and seeks answers.
One object of research was Tyrannosaurus rex Tristan Otto and other specimens from all over the world. Here you can learn more about the research cooperation.
A team of paleontologists and physicians from Germany, Canada and the USA, with the participation of the Museum für Naturkunde Berlin, published a cancerous disease of Pappochelys rosinae. It is a specimen of the oldest turtle in the world from the Triassic period 240 million years ago.
A lizard-like animal that lived in the Permian period 289 million years ago suffered from a disease of bone metabolism similar to Paget's disease in modern man. It was published in 2019 by researcher Yara Haridy, Museum für Naturkunde Berlin, and her cooperation partners and is by far the oldest known evidence of such a disease involving measles-like viruses.
Did a tick (Ixodes succineus) enclosed in amber 49 million years ago already carry the pathogens (viruses, bacteria, protozoa) known today? A team of researchers led by Jason Dunlop, Museum für Naturkunde Berlin, published facts about this rare fossil tick.
The research collection of the Museum für Naturkunde Berlin organizes the collection, storage and global availability of data from microfossils in deep-sea sediments, for example diatoms, in order to advance climate and ecosystem research.
The Museum für Naturkunde Berlin investigates the development of the solar system, the effects of meteorite impacts and the evolution of the Earth from the magma ball to the blue planet. Modelling is carried out – actually the same method used today to calculate the current course of a pandemic.
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info@mfn.berlin
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Museum für Naturkunde Leibniz-Institut für Evolutions- und Biodiversitätsforschung
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AWARD-WINNING COUNTRY MUSIC SONGWRITER & PRODUCER FRANK MYERS RELEASES NEW SINGLE “GOD’S GOT THIS"
Music Maker Steps Behind The Mic To Voice His Faith
Original Tune Available Via All Digital And Streaming Outlets
NASHVILLE, Tenn. — Grammy award winning, country music songwriter and producer, Frank Myers (FJM Productions) is set to release his new original song, “God’s Got This,”* in late-August. Co-written with Richie McDonald (Lonestar) and produced alongside Jimmy Nichols (Reba/Faith Hill/Andy Griggs/Mindy McCready/LOVE LIVES ON), the track will be available Friday, August 28, 2020 via all major digital retail and streaming outlets (Amazon/iTunes/Pandora/Spotify/Tidal). While Myers is most widely recognized as a hit songwriter with a list of industry accolades deep and wide (“I’m Already There” and “My Front Porch Looking In”/Lonestar • “I Swear”/John Michael Montgomery and All-4-One • “You And I”/Eddie Rabbit-Crystal Gayle) and as an award winning producer (working alongside Kenny Loggins, Richie McDonald, Michael Burrows, Andy Griggs and many others), he stepped behind the microphone in faith to record and deliver the timely and pensive single “God’s Got This.” Befitting today’s culture and volatile environment, Myers’ mature vocal delivery and perspective beam atop intricate piano and string performances that gently embrace the sentimental ballad. “I was going through some personal things in my life and I realized I was powerless in the situation. I just sat back, closed my eyes, and the words 'God's Got This’ came to me,” said Myers. “…and now, in listening to the media, reading posts with frantic reactions to current events, my heart felt burdened. I wanted to share this message of faith. I feel this song speaks volumes not only in today’s turmoil and unsettled circumstances, but to everyday hurdles, and I hope the message offers anyone listening, a renewal of faith to believe that no matter the struggle, HE is right here with us.”
I know the road you’re on, ‘cause I’ve been in your shoes But there’s only one that’s strong enough to carry you God’s got this; it’s in His hands So let go of all the things that you can’t understand He knows your fears, he hears your prayers And when you’re on your knees, you’re not alone, He’s always there
The new single follows Myers’ involvement in the production of the LOVE LIVES ON recording project. Spearheaded by Roots American Music Society (RAMS) and aligning with the TAPS nonprofit in a mutual endeavor to support the charity’s initiatives, the 10-track project (co-produced by Myers) features songs written by TAPS military families in collaboration with A-list songwriters and highlights vocal performances by Vince Gill, Billy Ray Cyrus, John Rich, All-4-One, Gatlin Brothers, Lonestar and more. Myers’ original tune, titled “I’m Here For You,” appears as a bonus track.
About Frank Myers: Former member of the duo Baker & Myers (MCG/Curb Records/1995), three-time ACM and CMA nominee for “Duo Of The Year,” Frank Myers’ successes span more than 40 years in the music industry. He has celebrated 12 No. 1 hits and 20 Top 10's; he has written and produced songs recorded by more than 50 country and pop artists. Artist co-writes and productions feature work collectively with Kenny Loggins, Richie McDonald, Lonestar, Vince Gill, Billy Ray Cyrus, All-4-One, Pam Tillis, The Gatlins, Andy Griggs, Eddy Raven, John Rich, Dave Fenley, Angie Keilhauer and more. The renowned Music Row songwriter and producer has been recognized for his talents by various music industry organizations including the County Music Association, Academy of Country Music, Gospel Music Association, The Recording Academy and multiple others. He recently re-released the album SCRAPBOOK (The Acoustic Sessions) featuring acoustic recordings of 11 original hits. CONNECT WITH FRANK MYERS: www.facebook.com/FrankMyersMusic www.instagram.com/FJMyers www.frankmyersmusic.com
FOR ARTIST INQUIRIES /or/ TO SCHEDULE AN INTERVIEW CONTACT: Music City Media K. Atwood | KATwood@musiccitynews.com | 615.770.2994
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NAIOP SoCal would like to thank all of the sponsors that make everything we do possible.
Click here to download NAIOP SoCal sponsorship brochure and application to learn more and become a sponsor today!
Allen Matkins
Allen Matkins, founded in 1977, is a California-based law firm with more than 200 attorneys in four major metropolitan areas of California: Los Angeles, Orange County, San Diego, and San Francisco. The firm's areas of focus include real estate, construction, land use, and environmental and natural resources; corporate and securities, real estate and commercial finance, bankruptcy, restructurings and creditors' rights, joint ventures, and tax; labor and employment; and trials, litigation, risk management, and alternative dispute resolution in all of these areas.
Contact: lmcvay@allenmatkins.com
Bixby Land Company
Bixby Land Company is a leading commercial real estate owner, operator and investment manager with over $1 billion of assets under management. The company develops and invests in industrial, office and R&D properties throughout the United States. For over 120 years, Bixby Land Company has been committed to adding value for its shareholders and investors.
Contact: dheinze@bixbyland.com
Carson Companies
Carson Companies is a developer and long-term owner of warehouse, distribution and light manufacturing buildings with property management, asset management, leasing, construction management and development capabilities. Carson seeks to provide a positive economic impact by investing in industrial buildings critical to manufacturing, supply chain logistics and e-commerce. The company’s portfolio of properties exceeds 17 million square feet, with assets located in major labor and distribution hubs throughout California, Texas, New Jersey and Pennsylvania. The company was founded in 1914 but traces its heritage back to 1784 when King Carlos III of Spain granted Juan Jose Dominguez a ±75,000 acre tract of land in modern day southwest Los Angeles County. Carson Companies is a strong corporate citizen and provides scholarships for students attending California State University, Dominguez Hills. Its executives are actively involved in various community organizations including the Boys and Girls Club of Carson, California State University Dominguez Hills Foundation and several Chamber of Commerce chapters.
Contact: ddarnell@carsoncompanies.com
CenterPoint Properties
CenterPoint Properties is focused on the development, acquisition and management of industrial property and transportation infrastructure that enhances business and government supply chain efficiency. The company invests in major coastal and inland port logistics markets anchoring North America’s principal freight lanes. For more than 20 years, CenterPoint has added value to its customers through forward-thinking solutions aimed at enhancing supply chain and operating efficiencies. Headquartered in Oak Brook, Illinois, CenterPoint has regional offices located in Milwaukee, Los Angeles, Kansas City, Mo., New Jersey and Norfolk, Va.
Contact: bandrews@centerpoint.com
Colliers International is a leading Southern California commercial real estate firm. Founded in 1908 and headquartered in Downtown Los Angeles, the Company has eight offices located throughout the Greater Los Angeles Basin, and offers a full-service menu including office, industrial, land, retail leasing and sales, investment sales, hospitality services, tenant representation, corporate services, appraisals and property management.
Contact: bob.caudill@colliers.com
Cox Castle Nicholson
Cox, Castle & Nicholson LLP has devoted over 50 years to providing a broad range of legal services to the real estate industry. The firm represents publicly and privately held businesses, major financial institutions, public agencies, pension funds, underwriters, developers, and industry entrepreneurs in their respective real estate activities. With almost 130 lawyers and offices in Los Angeles, Orange County and San Francisco, the Firm has one of the largest concentrations of attorneys focusing on real estate issues. Through its ongoing examination of regulatory changes, its active membership in national trade organizations and its participation at industry events, Cox, Castle & Nicholson LLP remains on the cutting edge of real estate trends and developments. As a result of its proven record of success and long-standing commitment to the industry, Cox, Castle & Nicholson LLP is widely recognized as a pre-eminent provider of legal expertise for real estate development, financing, management and dispute resolution.
Contact: mweinsten@coxcastle.com
LBA Realty
LBA Realty is a full service real estate investment and management company. The company has a diverse portfolio of office and industrial properties in the major markets throughout the Western U.S. including , Colorado, the Pacific Northwest, Arizona, Nevada, Texas and Utah.
Contact: avukovich@LBArealty.com
The Muller Company is an opportunistic real-estate investment, development and management firm with a proven track record in acquiring and repositioning commercial properties. Since its inception in 1979, The Muller Company has acquired, developed and or operated over 30 million square feet of office, industrial and retail space across Northern and Southern California, Arizona and now Utah.
Contact: jmuller@mullerco.com
Norm Wilson & Sons, Inc.
Norm Wilson & Sons, Inc. is a family-owned and operated general contracting firm whose roots lie deep in Southern California. Three generations of Wilsons have been significantly involved in the local building community, bringing together over seventy years of construction experience. This experience together with our still fresh enthusiasm creates a winning combination, which sets the pace for all our construction projects. Our goal is to provide the construction buyer with the most personal and professional services available. Every client and every project is assured of our personal attention to budgets, scheduling, details, quality and supervision. We still talk to the owner, the architect, the engineer, and the inspectors at city hall. We haven’t gotten too big, too fast, and that’s how we planned it.
Contact: randy@normwilsonandsons.com
Rockefeller Group
Rockefeller Group is one of the most trusted names in real estate – a leading developer, owner and operator, known for pioneering large-scale urban mixed-use development. For more than ninety years the company has been trusted for its financial strength, stability and vision, and today remains committed to the selective development of innovative, high-quality properties that create long-term economic and civic value. Rockefeller Group is focused on developing properties designed to connect customers with products as quickly as possible. We plan our projects for the most efficient access from ports and inland distribution hubs to the nation’s major population centers. The company’s Western Region has completed more than 2 million sq.ft. of industrial in the Inland Empire in the past 2 years with more than 4 million sq.ft. of projects planned or under development in the Inland Empire and South San Diego.
Contact: jcamp@rockefellergroup.com
Rutan & Tucker represents a broad spectrum of clients, from major multinational corporations and financial institutions to family-owned businesses and private individuals; from high technology and industrial enterprises to agricultural firms; from real estate developers to governmental agencies, educational institutions, and charities. The firm’s practice extends throughout the United States and includes both the representation of foreign companies doing business in the United States and domestic companies engaged in activities abroad. Our attorneys come from more than thirty law schools nationwide. Many graduated Order of the Coif or Phi Beta Kappa, were the editors of law reviews or held judicial clerkships. The accomplishments of our attorneys reflect the quality of Rutan & Tucker. Rutan attorneys teach law school classes and professional education courses. Many Rutan lawyers hold significant positions in trade, charitable and civic organizations. The firm’s tradition is one of fresh, strategic thinking and going forward, we will continue to make history with a continued commitment to excellence and integrity for many decades to come.
Contact: dross@rutan.com
Sheppard Mullin
With one of the largest, most experienced and diverse commercial and residential real estate and development practices in California, Sheppard Mullin represents investors, developers, major landowners, retailers, builders, lenders and local agencies in every aspect of development. Our team of more than 80 real estate, land use and environmental attorneys operates statewide from our Los Angeles, Orange County, San Diego, Del Mar, and San Francisco offices. We are proud to have developed a reputation for excellence in legal practice and providing superior results. Corporate counsel place Sheppard Mullin on The BTI Brand Elite 2015; the firm also stood out for its innovation and was considered a Leading Value Driver.
Contact: pwesthoff@sheppardmullin.com
Stream Realty
Stream Realty Partners, L.P. (Stream) is a national, commercial real estate firm with locations across the country. Stream’s full-service offerings cover the broad spectrum of leasing, management, development, construction, and investment sales services across the commercial and multifamily industry. In addition, Stream specializes in sourcing acquisition and development opportunities for the firm and its clients. Since its formation in 1996, Stream has grown from its two original partners to a staff of more than 650 real estate professionals nationwide with regional offices in Atlanta; Austin; Charlotte; Dallas; Denver; Fort Worth; Houston; San Antonio; Southern California; and, Washington, D.C. Stream currently has more than 120 million square feet of assignments across the nation; completes over $2.4 billion in real estate transactions annually; and is considered one of the most active investors and developers in the real estate industry.
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Walker & Dunlop
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Watson Land Company is an owner and developer of master-planned business and industrial centers in Southern California. A privately held real estate investment trust with a 220-year history of land ownership and management, the company strives to support the community through good corporate citizenship and by attracting quality companies that bring jobs and economic benefits to the area.
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Food. Fun. Lifestyle. Features. All in America's Finest City.
Help Fund Tomorrow's Changemakers at University of San Diego
With their $300-million Leading Change Campaign, USD aims to empower tomorrow’s social entrepreneurs with innovative new programs, facilities and more. Here’s how you can help…
This article is sponsored by the University of San Diego. It does not reflect the work or opinions of NBC San Diego’s editorial staff. To learn more about the University of San Diego, click here.
At the University of San Diego, students are called changemakers because they are committed to creating a better future, one based on ethical conduct and compassionate service.
That’s why USD — a liberal arts institution that combines a revered Catholic Intellectual Tradition with a 21st-century comprehensive education — is recognized as an Ashoka Changemaker Campus, one of only 30 in the United States. In fact, USD is now ranked among the top 100 Universities in the nation, alongside schools that are hundreds of years older.
But, much like the inspiring Toreros comprising its diverse student body, USD would rather prepare itself for the future than rest on its laurels.
That’s why they’ve launched the Leading Change Campaign, an ambitious fund-raising initiative that seeks to raise $300-million to bolster everything from teachers and tech to financial aid, new facilities and community service programs. The campaign is not only designed to improve the educations of current students, but — in the USD tradition of paying it forward — those of students to come.
It’s an objective echoed by USD President James T. Harris III, DEd.
“Each element of the campaign is an effort to affect change that is real, measurable, and sustainable — to prepare succeeding generations to be compassionate stewards of humanity and all God’s creation.”
To get there, however, they need our help. All contributions, large and small, make a difference, because change starts with each one of us doing what we can to pitch in. Visit leadingchange.sandiego.edu to explore ways you can help today’s changemakers for the challenges we all face in the world today.
How will your contributions help? Consider some of the innovative and hands-on programs already in place at USD, then see how they’ll benefit when the Leading Change Campaign goal is met.
Shiley-Marcos School of Engineering
Established in honor of Donald Shiley, who invented the life-saving Bjork-Shiley heart valve in his garage, USD’s Shiley-Marcos School of Engineering is a place where students dream, design, build, and become the inventors of tomorrow.
As part of Leading Change: The Campaign for USD, the Shiley-Marcos School of Engineering will build a Bioengineering Garage, a Sustainability Garage, and a Cyber Security Studio. The campaign offers an opportunity to reimagine the curriculum so a thermodynamics course won’t just teach students how to use heat, but will inspire them to create cooking stoves or energy systems that change lives in developing countries.
To help fund tomorrow’s Changemaker engineers, click here.
Hahn School of Nursing and Health Science
There’s a nursing shortage in this country, and it starts with a lack of faculty to educate the healthcare professionals of tomorrow.
Leading Change: The Campaign for USD dreamed of the Betty and Bob Beyster Institute for Nursing Research, Advanced Practice, and Simulation. The first of its kind in the nation, the Beyster Institute doubles the Hahn School of Nursing’s research and teaching footprint. It features a Nursing Simulation Center, PhD research library, classrooms, offices, and research space. With this new center, not only will USD nurses make a difference in California, but in communities across the nation and around the world.
To help fund tomorrow’s Changemaker nurses, click here.
To learn about the other innovative USD programs — in business, law, leadership, and peacebuilding — and services that will benefit from the Leading Change Campaign, as well as ways you can help, visit leadingchange.sandiego.edu.
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Airline, luxury brands follow China’s lead on Hong Kong
by: YANAN WANG, Associated Press
A man checks his smartphone while Cathay Pacific Airways planes park at the Hong Kong International Airport on Monday, Aug. 12, 2019. The chief executive of Hong Kong’s Cathay Pacific Airways said Monday there will be “disciplinary consequences” for employees involved in “illegal protests,” as the airline joins a slate of businesses that have appeased and apologized to China in recent days over political flaps. (AP Photo/Vincent Thian)
HONG KONG (AP) — The chief executive of Hong Kong’s Cathay Pacific Airways warned Monday there will be “disciplinary consequences” for employees involved in “illegal protests,” as the airline joins a slate of businesses that have appeased and apologized to China in recent days.
His comments in a memo to employees seen by the AP came just hours before the Hong Kong airport announced it was shutting down and canceling the day’s remaining flights after thousands of pro-democracy demonstrators occupied the main terminal.
As more than two months of mass protests have taken over the semi-autonomous Chinese city, companies from luxury fashion brands to bubble tea shops have been under pressure to distance themselves from protesters and declare their support for the ruling Communist Party’s position on Hong Kong.
Hong Kong, a former British colony, was returned to China in 1997 under the framework of “one country, two systems.” In recent years, however, some Hong Kong residents have accused Beijing of chipping away at the democratic freedoms promised them under the agreement.
The central government in Beijing and authorities in Hong Kong have characterized the demonstrations as illegal, unauthorized assemblies because many were not granted police approval. They have also repeatedly condemned a group of “radical” protesters who have resorted to violence to have their demands heard. Some protesters have thrown bricks, eggs and flaming objects at police stations.
Cathay Pacific CEO Rupert Hogg said in the memo to employees that the company has a “zero tolerance approach to illegal activities.”
“There will be disciplinary consequences for employees who support or participate in illegal protests,” Hogg wrote. “These consequences could be serious and may include termination of employment.”
Last Friday, China’s civil aviation authority announced that Cathay Pacific employees who “support or take part in illegal protests, violent actions, or overly radical behavior” are banned from staffing flights to mainland China. The authority also notified Cathay Pacific that it must submit for approval the identification details of crew members flying to the mainland or flying over mainland airspace.
A Cathay Pacific pilot was charged with rioting, the airline said in an emailed response Monday. The pilot has not performed any flying duties since mid-July and was removed from such duties on July 30, it said. Two airport ground staffers have also been fired recently for misconduct, the company said, without elaborating on the grounds for their dismissal.
Hogg said in a previous memo Saturday that Cathay Pacific must comply with the civil aviation authority’s regulations.
“Though people may share different views, it is essential that we all respect each other, our customers and members of the public,” he wrote. “We are aware that this has been, and continues to be, a very challenging time for many of us who live in Hong Kong and call this incredible city home.”
The airline is not the only company that has become entangled in Hong Kong’s political tumult.
Luxury fashion brands Givenchy, Versace and Coach have apologized after Chinese social media users lambasted the companies for selling T-shirts which listed Hong Kong, Macao and Taiwan as their own countries. Officially Hong Kong and Macao are classified as “special administrative regions” with a greater degree of autonomy than mainland Chinese provinces. Taiwan, meanwhile, split from the mainland during a civil war in 1949, though the Communist Party claims the island as part of its territory and maintains that “reunification” is inevitable.
Coach said in a statement Monday that “major mistakes” were discovered in the design of some of its T-shirts.
“We are deeply sorry for the damage caused to our consumers’ feelings,” Coach said.
Likewise, Versace said Sunday that their “incorrect design” linked some cities with incorrect country names. It said the T-shirts with this design were removed from all official sales channels and “destroyed” on July 24. “We love China and resolutely respect the national sovereignty of Chinese territory,” the brand said.
CoCo Fresh Tea and Juice, a Taiwanese bubble tea franchise, and Pop Mart, a Chinese lifestyle brand, both apologized after individuals affiliated with their companies expressed support for Hong Kong protesters.
While it is rare for several apologies to come in such quick succession, it’s far from the first time international companies have been pressured to bend to the Communist Party’s official stance on Hong Kong and Taiwan. Last May, British Airways, Lufthansa and Air Canada were among 20 carriers that edited their global websites to explicitly refer to Taiwan as part of China following an order from the Civil Aviation Administration. In response, the White House called the demand “Orwellian nonsense.”
Associated Press researcher Shanshan Wang in Beijing contributed to this report.
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In the early 20th Century, not long after X-rays were discovered, medical professionals recognized their value as diagnostic tools: They could clearly reveal structures hidden inside the body without the need for risky surgery. At the dawn of the 21st century, a revolutionary new technology has entered the diagnostic arena. Today, Cone Beam Computed Tomography (CBCT) promises to change the way many dental problems are diagnosed and treated.
Cone Beam CT has some similarities with conventional X-rays, and also with the standard CT scans you would get in a hospital setting. But it's a quantum leap forward in technology and diagnostic precision. For the dentist, it offers the ability to visualize intricate structures inside the mouth, such as root canals, nerves and sinuses (air-filled spaces) in the jaw — in three dimensions — without surgery. For the patient, it can reduce the need for invasive procedures, shorten treatment time and offer the chance for a better outcome.
The detailed diagnostic images that CBCT provides have made it an essential tool in many dental specialties. But, as with any diagnostic tool that uses radiation, the medical benefits offered must be weighed against the (small) potential risks of the procedure.
How Cone Beam CT Works
X-rays, like visible light, are a form of energy on the electromagnetic spectrum. Just as light makes an image on photographic film (or a digital camera sensor), X-rays can also form an image. The difference is that energetic X-rays can penetrate bone and soft tissue, and reveal its hidden structure by their varying degrees of absorption; in other words, they form a grayscale picture of what's underneath the surface. But conventional X-rays are limited: Like a still-life picture, they show only one perspective on the scene.
Now imagine a “flip book” — the kind of small book made up of a series of pictures, each slightly different. When you rapidly page through it, you may see (for example) an animated cartoon or a still subject from different perspectives. If you could put together a flip book made from a series of X-ray “slices” of the same subject, taken at slightly different angles, you would be able to create an “animation” of the X-rays. And from there, it's only one more step to making a 3-D model.
That's exactly what CBCT scanners do. Using a rotating imaging device that moves around the patient's head, the scanner records between 150 and 600 different X-ray views in under a minute. Then, a powerful computer processes the information and creates a virtual model of the area under study. When it's done, the model appears as a three-dimensional image on a computer screen: It can be rotated from side to side or up and down, examined in greater or less detail, and manipulated in any number of ways — all without the patient feeling any discomfort... or even being present.
Where Cone Beam CT Is Used
The ability to see fine anatomical structures in 3-D has proven invaluable in treating conditions in many areas of dentistry.
Orthodontics: Having accurate information on the position of teeth and jaws helps determine exactly how and where teeth should be moved.
Dental implants: Detailed CBCT images are used to determine the optimum location for the titanium implants while avoiding nerves, sinuses and areas of low bone density.
Orthognathic Jaw Surgery and Temporo-mandibular Joint (TMJ) Disease: Patients benefit when the specialists who treat these conditions can evaluate their anatomy with the three-dimensional perspective that cone beam CT provides.
Oral Surgery: Treatment for tumors or impacted teeth is aided by the level of fine detail shown in these scans.
Endodontics: Dentists performing intricate procedures (like complex root canals, for example) can benefit from a clearer visualization of the tooth's anatomy.
Sleep Apnea: Imaging the tissues and structures of the nose, mouth and throat can aid in diagnosis and treatment of this dangerous condition.
Could Cone Beam CT Benefit You?
Each patient's situation is different, and must be carefully considered by a clinical professional before any test or procedure is performed. While CBCT delivers a smaller dose of radiation (X-rays) than many other diagnostic tests, it still carries a small risk — particularly for younger patients, or those with other health problems. As is the case for any medical procedure, all risks, benefits and alternatives are taken into account before the procedure is recommended.
Getting The Full Picture With Cone Beam Dental Scans Dental imaging took a major leap forward at the beginning of the new millennium with a three-dimensional technology known as cone beam computed tomography (CBCT). The name comes from the cone-shaped beam of x-rays the CBCT machine projects as it rotates around a person's head, taking multiple images that are compiled into a 3-D picture by a computer. Find out what CBCT can reveal and how it helps a doctor to make a highly informed diagnosis and choice of treatment... Read Article
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Columbus, GA Dentist North Park Family Dentistry 2418 Capstone Ct. Columbus, GA 31909 (706) 507-0606 Call For Pricing
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Troubling History In Medical Research Still Fresh For Black Americans : Shots - Health News An influential Harlem church is trying to help the National Institutes of Health overcome reluctance by some African-Americans to participate in a medical study of 1 million diverse Americans.
Health News From NPR
Treatments & Tests
Health Inc.
Policy-ish
Troubling History In Medical Research Still Fresh For Black Americans
Troubling History In Medical Research Still Fresh For Black Americans 7:59
You, Me And Them: Experiencing Discrimination In America
October 25, 20173:18 PM ET
Rob Stein
Kolbi Brown (left), a program manager at Harlem Hospital in New York, helps Karen Phillips sign up to receive more information about the All of Us medical research program, during a block party outside the Abyssinian Baptist Church in Harlem. Elias Williams for NPR hide caption
Elias Williams for NPR
Kolbi Brown (left), a program manager at Harlem Hospital in New York, helps Karen Phillips sign up to receive more information about the All of Us medical research program, during a block party outside the Abyssinian Baptist Church in Harlem.
It's a Sunday morning at the Abyssinian Baptist Church, a famous African-American church in the Harlem area of New York City. The organist plays as hundreds of worshippers stream into the pews. The Rev. Calvin O. Butts III steps to the pulpit.
"Now may we stand for our call to worship," says Butts, as he begins a powerful three-hour service filed with music, dancing, prayers and preaching. "How good and pleasant it is when all of God's children get together."
Then, about an hour into the service, Butts does something he has never done before. "I would like to introduce the Precision Medicine Initiative," he says, referring to a huge new project sponsored by the National Institutes of Health. It's now called All of Us.
"It is a landmark longitudinal research effort that aims to engage 1 million participants of all ethnicities to improve our ability to prevent and treat disease based on individual differences in lifestyle, environment and genetic makeup," Butts says.
How Black Americans See Discrimination
Why is this famous preacher at this famous African-American church talking about a big government medical study in the middle of Sunday service?
To understand that, I visit a clinic more than 30 blocks away at Columbia University. That's where I meet Anne and Steve Halliwell of Irvington, N.Y., who just volunteered for the study.
Steve Halliwell (left), a volunteer in the study, has his height measured for a second time by Dan Nguyen, a research assistant involved in the All of Us research initiative. Elias Williams for NPR hide caption
Steve Halliwell (left), a volunteer in the study, has his height measured for a second time by Dan Nguyen, a research assistant involved in the All of Us research initiative.
"Sorting out the huge variation in the human race is very, very important — and is the future of good medicine," Steve Halliwell says.
The Halliwells spend the next hour learning about the project and answering detailed questions about their lifestyles, medical history and health. They also get their blood pressure, height, weight and waists measured and have blood drawn so scientists can get a sample of their DNA.
Anne Halliwell is 67; Steve is 74. They're white. And that's the problem: White people like the Halliwells are much more likely than black people to volunteer for medical studies.
Shots - Health News
Poll: Most Americans Think Their Own Group Faces Discrimination
The reasons are complicated. One is that African-Americans may not get the chance as often — they just aren't asked by their doctors or don't have the time or resources to volunteer.
But another is that medical research has a long, troubled racial history. One example is the Tusgekee study, which involved doctors letting black men die from syphilis. Another example is the case of Henrietta Lacks. She was a poor African-American woman whose cancer cells scientists and drug companies used for decades without her permission. But the list of abuses is long. So the National Institutes of Health and others have been trying to overcome all that, in part by working with groups like the Abyssinian Baptist Church.
"This research is not like the Tuskegee experiment," Butts tells his congregation. "And it is supported by some members of the Henrietta Lacks family."
"It's for all ethnicities," he says. "And you can bet your life that white folk are in this. They want to know what's gonna keep 'em alive. And we ought to know what's going to keep us alive."
The Abyssinian Baptist Church partnered with researchers on the All of Us project, allowing them to set up an information table at a block party following a Sunday church service. Elias Williams for NPR hide caption
The Abyssinian Baptist Church partnered with researchers on the All of Us project, allowing them to set up an information table at a block party following a Sunday church service.
As the service ends and the parishioners file out of the church, they find a block party starting outside. At one of the folding tables lining the block, researchers from the NIH, Columbia and two other New York hospitals are answering questions.
"So what is this?" one parishioner asks. "So you're doing research — tell me about this."
"It's really a unique program," says Kolbi Brown, the project's program manager at the Harlem Hospital. "Our goal is to get participants — a diverse range of participants. So we want women. We want minorities. We want everybody. But we really want women and minorities to participate in this community, of course."
Many people at the block party are enthusiastic. "I can't wait for this program to start," says Joanne Thigpen, who lives in Harlem. "I'm very excited about it for myself and my children." But some are wary. Deborah Fleming listens patiently but then declines an invitation to sign up.
"As an African-American, I know that sometimes these things are used against us — not to our advantage," says Fleming, who lives in Dutchess County, N.Y. "So that's why I'm reticent about joining."
Deborah Fleming declined to provide her contact information during the block party. She says she hesitated because of abuses of African-Americans that have occurred during medical research in the past. Elias Williams for NPR hide caption
Deborah Fleming declined to provide her contact information during the block party. She says she hesitated because of abuses of African-Americans that have occurred during medical research in the past.
Benjamin Vines Jr., 64, who was enjoying the party down the street, has similar feelings.
"It reminds me of the Tuskegee-type thing," he says. "And in my culture, African-Americans are scared of the doctor. They don't go to the doctor until the last minute — until we're almost on our deathbed — simply because of that."
A new poll by NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health found that about a third of African-Americans say they have experienced discrimination at a doctor's office or health clinic. The poll also found that 1 in 5 African-Americans avoids medical care because of concern about discrimination.
At first, I thought it was only older parishioners who feel that way. Hortensia Gooding, a 45-year-old graduate student who lives in Harlem, set me straight.
"I see my friends mentioning Tuskegee all the time on Facebook," Gooding says. "There's a lot of deep, deep-seated fear and concern that black lives don't matter and that the medical community really will harm people of African descent on purpose — just for profit or just to help someone from another race."
And some people's reluctance has nothing to do with Tuskegee or Lacks. Don't forget: The study is asking volunteers to give up a sample of their DNA.
"No. Not my DNA — I can't," says 51-year-old Clerance Johnson Jr., who also lives in Harlem. "I don't know what they might use it for," he says. "It might link me to something I don't want to be linked to — any criminal activities."
So the question remains: Will the help of the Abyssinian Baptist Church — and others — be enough to overcome these deep suspicions and other obstacles that prevent minorities from participating in medical research?
This story is part of our ongoing series, "You, Me and Them: Experiencing Discrimination in America." The series is based in part on a poll by NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health. We will be releasing results from other groups — including Latinos, whites, Asian-Americans, Native Americans and LGBTQ adults — over the next several weeks.
Correction Oct. 25, 2017
A previous version of this story misspelled Dutchess County as Duchess and a reference to Abyssinian Baptist Church as Abyssian.
African American health
"The Immortal Life of Henrietta Lacks"
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News quick access
Balloon-based Astronomy in Antarctica
The building near McMurdo Station, NSF's logistics hub in Antarctica.
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This material is available primarily for archival purposes. Telephone numbers or other contact information may be out of date; please see current contact information at media contacts.
The National Science Foundation (NSF), through its Office of Polar Programs, supports long-duration balloon (LDB) flights in Antarctica to conduct astrophysical experiments. Circling the continent on unique stratospheric winds at altitudes of roughly 37 kilometers (22.9 miles) for periods of up to 31 days, experiments operate in an area that is almost free of atmospheric interference. For some experiments, this provides scientists with conditions equivalent to flight aboard a satellite or the space shuttle, at much lower cost.
Unique conditions
Two unique geophysical conditions above Antarctica make long-duration balloon flights that circumnavigate the continent possible during the austral summer:
First, a nearly circular pattern of gentle east-to-west winds establishes itself in the Antarctic stratosphere lasting for a few weeks. The circulation is generated by a long-lived high-pressure area caused by the constant solar heating of the stratosphere. This allows the launching and recovery of a balloon from roughly the same geographic location and permits a flight path that is almost entirely over land.
Second, because the sun never sets during the austral summer, the balloon is illuminated continuously, both directly and by reflection from the underlying clouds or snow. As a result, the balloon maintains a constant temperature and is able to maintain a stable altitude. In other areas of the world, the daily heating and cooling cycles change the volume of gas in the balloon, causing it to rise and fall and expend ballast, severely limiting flight times.
As an international zone under the Antarctic Treaty, balloons can be launched, flown and recovered anywhere on the continent without diplomatic complications experienced in other areas of the globe.
Since 1988, NSF and NASA have developed techniques for flying and recovering large balloon payloads -- in the range of two tons -- at altitudes of roughly 37 kilometers (22.9 miles) for extended periods.
Over the past decade there have been LDB flights in most Antarctic research seasons -- roughly mid-December through mid-January -- frequently with two balloons being flown during the season.
During the 2001-2002 Antarctic research season, the balloon-borne Trans-Iron Galactic Element Recorder (TIGER) experiment, designed to search for the origin of cosmic rays, achieved a flight-duration record over Antarctica. Launched at 6:30 a.m. EST on Dec. 20, 2001, the balloon traveled approximately 1,400 kilometers (869 miles) before landing, 31 days, 20 hours later, at 3:03 a.m. EST, Jan. 21, 458 kilometers (284 miles) from McMurdo Station, NSF's logistical hub in Antarctica.
For more information about TIGER, see: http://cosray2.wustl.edu/tiger/
For more information about the TIGER flight path from NASA, see: http://192.149.107.13/ldb/balloona.jpg
In 1998, the Balloon Observations of Millimetric Extragalactic Radiation and Geophysics (BOOMERANG) experiment obtained the first detailed images of the universe in its infancy. The images revealed the structure that existed in the universe when it was a tiny fraction of its current age and 1,000 times smaller and hotter than it is today.
For more information about BOOMERANG, see: http://www.nsf.gov/od/lpa/news/press/00/pr0025.htm
Logistics of Antarctic ballooning
NASA operates the National Scientific Balloon Facility in Palestine, Texas, which supports balloon flights worldwide. Antarctic experiment packages are prepared at the NSBF, but must be sent to McMurdo Station via NSF's cargo facilities in Port Hueneme, Calif. through Christchurch, New Zealand.
Flight operations are conducted from Williams Field, near McMurdo Station, which provides complete logistical support, including transportation, housing, supplies and heavy equipment to balloon teams.
The Antarctic research season runs from October through February. However, regional weather does not normally stabilize until early December. Because recovery aircraft are more in demand near the end of the season, the Antarctic balloon launch window lasts only about six weeks. By early February, icebreakers have created a channel through the sea ice that that rings the continent to allow a supply ship to bring in heavy equipment for the next season. This cargo often includes truckloads of helium for the following year's balloon flights.
A balloon payload being prepared for launch.
A balloon-borne experiment is hoisted by a crane for transporting to the launch area.
A balloon payload is ferried out to the launch area.
The balloon that carried the BOOMERANG telescope on its 10-day trip around the Antarctic continent.
In this picture, images of the early universe as seen by the BOOMERANG experiment.
For more BOOMERANG images, including high-resolution images, see http://cmb.phys.cwru.edu/boomerang/pictures.html
Peter West, NSF, (703) 292-8070, email: pwest@nsf.gov
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Joakim Noah's smiles through Thursday's practice belied a sign that a hefty fine was around the corner, as the NBA slapped him with a $25,000 fine for his actions at halftime during Game 2 of the Bulls' series against the Cleveland Cavaliers.
Noah slapped at a fan on his way off the floor, apparently in reply to the fan possibly spitting on him.
[SHOP: Buy a Joakim Noah jersey]
"I was just saying hello," said Noah of the incident, trying to laugh it off.
The NBA found it no laughing matter, and although there didn't appear to be much contact between Noah and the fan — certainly no contact equal to a fan spitting on a player — they wanted to send a message to players, in all likelihood, that contact with fans won't be tolerated.
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Adele Biography and Life Story
After her success in winning 3 Billboard Music Awards that also included the title of Country Single Sales Artist of the Year, Carrie Marie ...
After her success in winning 3 Billboard Music Awards that also included the title of Country Single Sales Artist of the Year, Carrie Marie Underwood, scheduled to demonstrate her extraordinary voice at the 2005 Pete Newell Challenge held in Oakland on December 21, has really soared to be a brilliant emerging star in the music scene. This charming singer has solemnly prepared herself to deliver another outstanding performance in readiness for the airing of her captured musical journey through the CMT specials, "In the Moment: Carrie Underwood" on December 16, while also bringing joy to TNT's annual presentation of "Christmas in Washington" on December 14 along with Ciara, Rascal Flatts, and The Click Five.
Raised at a family cattle farm in Checotah, Oklahoma from the day she was born on March 10, 1983, Carrie showed her deep love for music at such a young age, even singing with the local church by the time she was 3 years old. Since then, music has become an inseparable part of her life since she has continued to perform songs on every event, be it county fair, school function and musical production, talent competition, or car show. However, the idea of pursuing a singing career apparently had not yet been the primary goal of her life since graduation from Checotah High School, as she opted instead to concentrate on her studies, entering Northeastern State University in Tahlequah, Oklahoma.
Spending her undergraduate years studying mainstream media, Carrie was on the verge of reaching her bachelor's degree when she learned about the popular talent search of "American Idol.highly " She then went to St. Louis, Missouri, the closest place to attend the show's rehearsal, motivated by her mother and friend, thus managing to impress the Idol judge who eventually sent her to Hollywood for the audition of the show. On May 11, 2005, she worked seamlessly to be included in the top three, then two weeks later she was gloriously voted the fourth queen of "American Idol" knocking out her last opponent, southern rocker Bo Bice, regularly showing spectacular performances in her distinctive country-infused style.
NCERT Point | Wiki Biography Net Worth: Adele Biography and Life Story
https://lh3.googleusercontent.com/-fAtE3ec_BqY/X_f0ZnlclHI/AAAAAAAAQCo/FA9X81tKyeEQVmx9Twf0P_aIukmMTKt4ACLcBGAsYHQ/image.png
https://lh3.googleusercontent.com/-fAtE3ec_BqY/X_f0ZnlclHI/AAAAAAAAQCo/FA9X81tKyeEQVmx9Twf0P_aIukmMTKt4ACLcBGAsYHQ/s72-c/image.png
https://www.ncertpoint.com/2021/01/adele-biography-and-life-story.html
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Conrad Hilton’s name is known around the world for the hotels bearing his name. He is one of America’s legendary entrepreneurs and larger than life personalities. During his long life, he was frequently in the news as an outspoken American patriot, bold businessman, generous philanthropist and, for a time, the husband of Hollywood star Zsa Gabor and father-in-law to Elizabeth Taylor. On the surface, it would appear that most trustees would have little in common with a man who lived life on such a grand scale. Yet it is as a family member—a husband, father, and grandfather and a person who thought deeply about the meaning of life—that donors and their families can identify with him and learn from him.
Note: This case study was written and released in 2001 as part of NCFP’s Living the Legacy guide; current circumstances at the foundation may be different than described here.
Conrad Hilton was an unusual family foundation founder. He set up a foundation in middle age and, although he lived for almost another half century, he never served on the board. He funded the foundation annually with a portion of his earnings and, while the foundation gave out small grants, he made large charitable gifts with his personal funds. Then, at the end of his life, he left most of his wealth to the foundation in which he had taken passing interest.
When he was in his seventies, he wrote an autobiography that was as much a summing up of personal beliefs as a recounting of his early years and business triumphs. He also spent the last years of his life rethinking how he wanted his vast fortune to be disbursed. His personal writings, business philosophy and record of charitable gifts served as a blueprint for his family in determining a direction for a foundation that would be true to Hilton’s values and wishes.
Hilton also offers a cautionary example. Despite the years he spent rethinking his will, the final version contained wording that resulted in lawsuits, family tensions, and distractions from the work of the foundation. It is a bitter irony that the will he labored over and which represented his best intentions mired the foundation in a decade of court battles.
Conrad Hilton established the foundation bearing his name in 1944. At the time, he was 57 years old and engrossed in expanding his hotel enterprise. A religious man, he placed a high value on charity. Throughout his career, he responded to requests for financial help. But as his success grew, so did the appeals for donations from friends, strangers, and organizations as far away as South America and China. He established the foundation to provide an orderly way to process those requests, and he funded it by designating a portion of his annual profits from hotel operations to the foundation. Conrad lived to be 91 yet, curiously, in all those years he never sat on the board, served as an officer, or attended a board meeting of his own foundation.
His grandson, Steve Hilton, the current president of the foundation, could speculate only on the reasons his grandfather chose not to participate. Most likely, Conrad was too absorbed in business activities. Another possibility was that he wanted to see how the foundation he had set up to exist in perpetuity would function without him. Conrad appointed Hilton Hotel executives to the board and, when he came of age, his eldest son, Nick.
Delegating authority was typical of Conrad’s management style. In his hotel business, he hired good managers and gave them freedom to carry out their responsibilities. He followed the same approach in the foundation. Although he occasionally submitted a list of organizations he liked to the board, he let the directors decide how the money would be allocated. Conrad routinely reviewed the lists of grantees, but he never questioned the board’s choices. In truth, it could not have gone too far astray. At the time, the grants were small, most under $500. Operating under a general mandate to help those in need, the board distributed grants to religious organizations—Catholic nuns, in particular—hospitals, and local charities, much as Conrad did in his personal charity.
Reviewing the Donor’s Legacy
After Conrad’s death in 1979, the foundation entered a new league. Within two years, its assets skyrocketed from less than $10 million to $160 million. The directors recognized that the foundation had to revamp its practices to adapt to its new prosperity. The board was composed of Conrad’s two sons, Barron and Eric, as well as hotel executives and a bank president. Conrad’s son, Nick, had died in 1969.
Barron and Eric appointed Donald Hubbs, their father’s longtime attorney and trusted friend, as the foundation’s president. Hubbs had just retired from his law practice and although he knew little about running a foundation, he held one firm belief: directors had an obligation to be faithful to the founder’s values, beliefs, and wishes. Faith in God, country, and hard work were the cornerstones of Conrad’s life.
Through a blessed combination of drive, imagination, and business acumen, Conrad had amassed great wealth by doing work he loved. As his successes mounted, he also gave more thought to how to disperse his fortune. Over the years, he reportedly wrote 32 drafts of his will, each time increasing the amount he bequeathed to charity. Except for relatively small gifts to his children (Barron, Eric, and Francesca, his daughter by Zsa Gabor), he gave the lion’s share of his estate to his foundation. He did not, however, leave specific instructions as to how the foundation should distribute the funds. Instead, he bequeathed to future directors “some cherished conclusions formed during a lifetime of observation, study and contemplation” and entrusted them to use their best judgment in carrying out their responsibilities.
EXCERPT FROM CONRAD HILTON’S LAST WILL AND TESTAMENT
There is a natural law, a Divine law, that obliges you and me to relieve the suffering, the distressed and the destitute. Charity is a supreme virtue, and the great channel through which the mercy of God is passed on to mankind. It is the virtue that unites men and inspires their noblest efforts.
“Love one another, for that is the whole law,” so our fellow men deserve to be loved and encouraged—never to be abandoned to wander alone in poverty and darkness. The practice of charity will bind us—will bind all men in one great brotherhood.
As the funds you will expend have come from many places in the world, so let there be no territorial, religious, or color restrictions on your benefactions, but beware of organized, professional charities with high-salaried executives and a heavy ratio of expense.
Be ever watchful for the opportunity to shelter little children with the umbrella of your charity, be generous to their schools, their hospital and their places of worship. For, as they must bear the burdens of our mistakes, so are they in their innocence the repositories of our hopes for the upward progress of humanity. Give aid to their protectors and defenders, the Sisters, who devote their love and life’s work for the good of mankind, for they appeal especially to me as being deserving of help from the foundation.
This excerpt served as a beacon in guiding the board’s rethinking of the foundation’s mission and its organizational structure. In fact, the board regards this statement as so representative of Conrad Hilton’s philosophy and character that they had it engraved on a plaque that hangs next to the portrait of Conrad in the foundation’s office in Los Angeles. It is also reprinted in every annual report to underscore the connection between the foundation’s grants and the donor’s wishes.
Hilton’s Guide for Living Well
Contemplating the meaning of life was not an act Conrad reserved for old age. His philosophical bent was evident in his autobiography, Be My Guest, published in 1957. The book traced his life from his frontier childhood in the Territory of New Mexico to his position then as the head of the largest and most profitable hotel empire in the world. Conrad concluded the book with a chapter entitled, “There is an Art of Living,” in which he summed up of the wisdom he had acquired on reaching age 70. He listed 10 ingredients he believed were critical to living successfully: 1) find your particular talent; 2) think big, act big, dream big; 3) be honest; 4) live with enthusiasm; 5) don’t let your possessions possess you; 6) don’t worry about problems, take action; 7) don’t cling to the past; 8) look up to people when you can, look down on no one; 9) assume your share of responsibility for the world; and 10) pray consistently and confidently. Although Conrad did not have his foundation in mind when he wrote this list, it is as much a guide to giving away money as it is a guide for living.
Hilton’s Personal Charity
Conrad left more than words to guide the foundation’s trustees. He also left a record of his personal gifts. Conrad’s mother, a devout Catholic, instilled in her son a belief in the power of prayer and charity and, early on, he developed a concern for the suffering of others. Although he originally set up the foundation to handle the many appeals for donations he received, he continued to give away his own money throughout his life. His largest gift—$10 million to the Mayo Clinic—was drawn from his own funds, not from the foundation’s. Close to his heart were the Sisters of Loretto, the nuns who had given him his Catholic education. When the Sister who had taught him catechism sent him a letter asking for a small donation to the school’s campaign to build a gymnasium in a poor rural district in New Mexico, Conrad expressed his gratitude to her by writing a check to cover the entire cost. And as a memorial to his parents, he built the Hilton Mount Carmel School for the Sisters of Loretto in Socorro, New Mexico, the little town where he was raised.
Enacting the Donor’s Legacy
Using Conrad’s will, personal writings, and record of charity as guideposts, the board was able to construct a new model for grantmaking. The next step was to implement Conrad’s wishes. The directors asked Hubbs to research different approaches. Taking the best of what he had learned from studying the grantmaking practices of other foundations, Hubbs proposed a model that most closely reflected the donor’s philosophy and style. In business, Conrad thought big, acted big, and dreamed big. His strategy was to identify hotels that had potential and invest in them for the long term and to hire the most talented people to manage them efficiently and well. It seemed fitting that the foundation should employ similar principles in its grantmaking. Since 1981, it has made large, multi-year grants to a few projects and looked for the most qualified people to run them. Just as Conrad identified investment possibilities, so too does the foundation. Rather than solicit proposals, it prefers to select its own projects. “We think we can better carry out the donor’s philosophy of efficiency,” says Hubbs, “when the foundation determines what major long-term projects it wants to fund and how it can accomplish its objectives most effectively and efficiently.”
Conrad’s imprint on the grantmaking is evident in what the foundation funds, how it funds, and where it funds. Projects serving the blind is one example. As a young man, Conrad was awed by the accomplishments of Helen Keller who attended the Perkins School for the Blind. He generously contributed to programs for the blind and deaf, an area in which the foundation has invested heavily. It awarded $41 million in grants and program-related investments to the Perkins School for the Blind to provide educational training and support services to blind and multi-handicapped blind children in the United States and developing countries. It has also contributed $20 million toward a collaborative effort with other foundations and organizations to eradicate trachoma, the leading cause of preventable blindness in the world. These grants fulfill Conrad’s wish to fund programs for children and to fund internationally.
A BLUEPRINT FOR THE FUTURE: CONRAD HILTON’S EXAMPLE
As a public figure, Conrad Hilton thought in terms of posterity. He left behind a written record of his life and deepest beliefs—a precious gift for his descendants. Hilton published his autobiography, turned his Last Will and Testament into a sermon, and even wrote his own “Ten Commandments” for living a good life. Preserving one’s life and thoughts is not the province of celebrities alone. Anyone concerned with passing on their values and life experiences to future generations can follow Hilton’s example—whether in print or on audio or videotapes. These exercises provide a tangible legacy for generations to come. Equally important, they encourage donors and their families to do the important work of articulating their own philosophies and beliefs.
Conrad Hilton’s career provided a blueprint for running the foundation. His strategic approach to investing, his boldness, his management style of hiring the most talented professionals to carry out his projects, and the international scale on which he worked all provided a model for his board to set a mission and design a grantmaking strategy true to its founder.
In the 30 years since Conrad Hilton’s death, the family foundation world has changed dramatically. Today, the emphasis on family in foundation rivals that of grantmaking. Conrad’s grandchildren serving on the board today, all born during his lifetime, saw him infrequently when they were growing up. By current standards, Conrad’s decision not to participate in the foundation seems like a lost opportunity to share the pleasures that can come from families doing good works together and building close ties.
The prolonged legal battles that ensued from Conrad’s will remind all donors and their legal advisors that they need to consider carefully all the possible ramifications of the instructions they leave.
Legal Complications
It was prophetic that the board chose to invest in big projects because today the combined assets of the Conrad Hilton Foundation total $1.8 billion. The surge in assets proved to be a mixed blessing, however. The foundation became a major player in the field of philanthropy, but Conrad Hilton’s estate also became the target of lawsuits involving the foundation. As many times as Conrad rewrote his will, his estate did not manage to avoid messy legal entanglements.
Conrad owned 27.4 percent of shares in Hilton Hotels, which he willed to the foundation. Aware of the 1969 Tax Reform Act that forbade foundations from owning more than 20 percent of the shares in any one company, he added the provision that all his shares would be willed to the foundation except for those which, according to the reform act, constituted “excess business holdings.” He further stated that his son, Barron, had the option to buy excess shares at market price on the day of his father’s death. The foundation interpreted the phrase “excess business holdings” to refer to the 7.4 percent of the stock above 20 percent; Barron believed it meant that he was entitled to purchase all the shares.
The estate was the target of another suit. In the last paragraph of his instructions to foundation directors, he stated, “It is my wish, without excluding others, to have the largest part of your benefactions dedicated to the Sisters in all parts of the world.” The Sisters, represented by two religious orders in a class action lawsuit, argued that they were entitled to receive more than 50 percent of the foundation’s grants.
After a lengthy litigation involving appeals, the disputes were finally settled out-of-court in 1988. Conrad’s shares in Hilton Hotels were divided among the Conrad N. Hilton Foundation, Barron Hilton, and a charitable remainder trust. Income from the trust is divided between Barron and the foundation. The shares in the trust will be transferred to the foundation upon either Barron’s death or in the year 2008, whichever is later. The Sisters’ suit was also settled out of court. To satisfy their claims, the foundation established the Conrad N. Hilton Fund, a supporting organization, to provide grants to 12 named organizations. The Conrad N. Hilton Fund for Sisters is the principal beneficiary. Run under the auspices of the Archdiocese of Los Angeles, it gives grants averaging $15,000 to support projects throughout the world where Sisters serve the economically disadvantaged.
The Conrad N. Hilton Foundation Today
The Conrad N. Hilton Foundation is among the largest family foundations in the United States. With its tumultuous years behind them, the foundation directors are free to use its substantial financial resources to realize the wishes of its donor and make a powerful impact in its designated program areas. Over the past decade, the foundation has won recognition for its bold, large-scale funding of programs in the fields of health and drug abuse education. Its annual $1 million Conrad N. Hilton Humanitarian Prize honors individuals and organizations making extraordinary contributions toward alleviating human suffering. Conrad Hilton would surely be pleased by the work the foundation is carrying out in his name. Equally satisfying would be knowing that his two sons, Barron and Eric, and his three grandsons, Steve, Barry, and Conrad III, through their efforts on behalf of the foundation, are continuing the legacy of charity that Conrad inherited from his own mother.
Deanne Stone
National Center for Family Philanthropy
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Tony Lazzeri
Yankees Legend and Baseball Pioneer
Lawrence Baldassaro
Before there was Joe DiMaggio, there was Tony Lazzeri. A decade before the “Yankee Clipper” began his legendary career in 1936, Lazzeri paved the way for the man who would become the patron saint of Italian American fans and players. He did so by forging his own Hall of Fame career as a key member of the Yankees’ legendary Murderers’ Row lineup between 1926 and 1937, in the process becoming the first major baseball star of Italian descent.
An unwitting pioneer who played his entire career while afflicted with epilepsy, Lazzeri was the first player to hit sixty home runs in organized baseball, one of the first middle infielders in the big leagues to hit with power, and the first Italian player with enough star power to attract a whole new generation of fans to the ballpark.
As a twenty-two-year-old rookie for the New York Yankees, Lazzeri played alongside such legends as Babe Ruth and Lou Gehrig. He immediately emerged as a star, finishing second to Ruth in RBIs and third in home runs in the American League. In his twelve years as the second baseman for Yankee teams that won five World Series, he was their third-most productive hitter, driving in more runs than all but five American Leaguers, and hitting more home runs than all but six.
Yet for all that, today he is a largely forgotten figure, his legacy diminished by the passage of time and tarnished by his bases-loaded strikeout to Grover Cleveland Alexander in Game Seven of the 1926 World Series, a strikeout immortalized on Alexander’s Hall of Fame plaque. Tony Lazzeri reveals that quite to the contrary, he was one of the smartest, most talented, and most respected players of his time, the forgotten Yankee who helped the team win six American League pennants and five World Series titles.
Lawrence Baldassaro is a professor emeritus of Italian at the University of Wisconsin–Milwaukee. He is the author of Beyond DiMaggio: Italian Americans in Baseball (Nebraska, 2011), Baseball Italian Style: Great Stories Told by Italian American Major Leaguers from Crosetti to Piazza, and The Ted Williams Reader.
“Cheers to Mr. Baldassaro for mining this terrific story.”—Ira Berkow, Pulitzer Prize–winning author of How Life Imitates Sports
“Tony Lazzeri was one of the first Italian American sports stars, a key player of the famed Murderers’ Row Yankees lineup, and an underappreciated American success story who overcame poverty and epilepsy. He is a worthy subject for this closer look at a Hall of Famer.”—Tom Verducci, senior baseball writer for Sports Illustrated and MLB TV commentator
“In real life as in baseball, how one performs in a climactic moment may unfairly obscure a multitude of other feats; Larry Baldassaro’s book reveals its subject to have been not only a wonderful ballplayer but also a great pioneer on behalf of Italian Americans forevermore.”—John Thorn, official historian of Major League Baseball
“Who’s the greatest second baseman in Yankee history? All too often, Tony Lazzeri, the Murderers’ Row Hall of Famer, is left out of the debate. Lawrence Baldassaro’s biography properly elevates Lazzeri’s status in such discussions. This is an important contribution to Yankees literature.”—Marty Appel, New York Yankees historian and author of Pinstripe Empire and Casey Stengel
1. Growing Up in San Francisco
2. The Agony and Ecstasy of the Minor Leagues
3. “The Greatest Thing I’ve Ever Seen”
4. New Challenges
5. The Reign of Terror
6. Playing through the Pain
7. Peak Performance
8. A Major League Mystery
9. The Big Revival
10. Pennant Drought
11. Snubbing Father Time
12. Farewell to Pinstripes
13. Twilight Trail
14. Final Years in Uniform
15. Life after Baseball
Beyond DiMaggio
Foreword by Dom DiMaggio
The Presidents and the Pastime
Curt Smith
David Krell
The Pride of Minnesota
Thom Henninger
The Roger Kahn Reader
Roger Kahn
Edited and with an introduction by Bill Dwyre
The Black Bruins
James W. Johnson
Charley Rosen
Present at the Creation
Upton Bell with Ron Borges
The California Golden Seals
Steve Currier
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Honor 10X Lite review: A great value package despite its limitations
By João Carrasqueira Neowin @indospot · Dec 2, 2020 05:00 EST with 2 comments
A few weeks ago, Honor introduced the 10X Lite, the first member of the 10X family, and the successor to the 9X Lite, which was launched just a few months ago, at the start of the year. The 10X Lite keeps a similar power level to its predecessor, but it delivers some key improvements to the camera, battery, and design.
Those improvements come with an increase in price, with the Honor 10X Lite costing €229.90, but the overall value is still pretty great. Of course, like all other Huawei and Honor phones, there are no Google services on here, but that's been the case for some time now. Plus, Huawei has been making some strides in fixing the "app gap".
Honor initially sent me a pre-production unit in the black color variant, but because of some issues with updates on that device, the company ended up sending me another phone. This one is a production model, so the experience is more likely in line with what you'll get if you buy it yourself.
HiSillicon 710A - four Cortex-A73 at 2GHz, four Cortex-A53 at 1.7GHz
Mali G51
6.67-inch IPS LCD, 2400 x 1080, 394ppi
165.65 x 76.88 x 9.26mm, 206g
48MP main + 8MP ultra-wide + 2MP depth sensor + 2MP macro; Front - 8MP
f/1.8 + f/2.4 + f/2.4 + f/2.4, Front - f/2.0
1080p 60fps
Icelandic Frost, Emerald Green, Midnight Black
Magic UI 3.1
The design of the Honor 10X Lite is about as standard as it gets. The back and frame are both plastic, which isn't shocking at this price point. As you can see in the video above, Honor initially sent me a black color variant of the phone, but because it was a pre-production model and there were some issues with getting production software on it, I got a second model in the Icelandic Frost color, which is much nicer. I really like the gradient here, even if it doesn't do any crazy effects like some other Huawei/Honor phones do. There's a quad camera setup on the back, which is housed in a relatively small bump.
Looking at the sides of the phone, the right has the volume rocker, along with a power button that doubles as a fingerprint sensor. I'm actually a fan of fingerprint sensors in the power button, and this one works pretty well.
Over on the right, there's the nano-SIM card slot, which can also be used to expand the internal storage of the phone.
On the top edge, there's only a microphone hole.
And on the bottom edge, there's a USB Type-C port for charging. The phone comes with a 22.5W SuperCharge charger which is very nice to have at this price point, and a major upgrade over the 9X Lite. There's also a 3.5mm headphone jack, a microphone hole, and a speaker grill for the only loud speaker on this phone.
Display and sound
The display on the Honor 10X Lite is a 6.67-inch IPS LCD panel, and it comes in at a 2400x1080 resolution. As I've said many times before, this is totally fine for a phone screen, especially at this price. My biggest concern with lower resolution is that display scaling can often be a little too large, but Honor gives you display scaling options, so that's not a problem. And yes, as long as some manufacturers insist on not providing this option, I will keep praising the ones that do.
The display looks fine in general and the colors look nice enough for an IPS display, though obviously better ones exist. I'm still a little taken aback by the "eye comfort" feature on Honor phones, since it appears to get more of a green hue than a yellow one, which is more common on other devices. Still, it's not a huge deal, or maybe I'm just getting used to it.
Another big change from its predecessor is that the front-facing camera isn't in a large notch, and instead there's a punch-hole cutout in the center of the top edge of the display. I like this kind of camera cutout and find it to be the least intrusive, though this particular one isn't the smallest I've seen.
As for sound, the single speaker setup here could be a downside, but it honestly gets pretty loud and packs enough punch for my taste. It doesn't sound tinny or too distorted at high volumes, so I'd say it's definitely good enough for this price.
The rear camera setup on the Honor 10X Lite is made of up four sensors - a 48MP main camera, an 8MP ultra-wide-angle, a 2MP depth sensor, and a 2MP macro camera. The last two are the usual throwaway sensors that are basically only here to make quad cameras a feature to put on the spec sheet, but someone might have a use for them.
The main attractions are, of course, the main camera and the ultra-wide lens, with the latter being a notable addition compared to the 9X Lite. The camera also has a night mode, which is a wonderful feature to have, and something that still isn't that common on phones at this price. The LG K61 or TCL 10L I reviewed earlier this year didn't have it, and they were both more expensive than this, so that's great to see. Night mode isn't available on the wide-angle camera, though.
Gallery: Honor 10X Lite samples
In terms of the results, the main camera is alright. It doesn't get as much detail as higher-end sensors, and it has a tendency to make colors a little brighter than they appear in real life, but pictures have decent contrast, and I almost always like how clouds look in pictures taken with this phone. Night mode can help quite a bit in low light, but it's never an ideal situation for this camera. The wide-angle, however, isn't that great, which seems to be a theme with these cheaper Honor phones. It's there if you really need the bigger field of view, but pictures don't look very sharp or detailed, especially as it gets darker.
The camera app does support HDR, but it's a mode hidden in the "More" section of the app, which I always find odd. It doesn't seem to help a whole lot, so maybe that's why it's not front and center. There's also the usual Pro mode, which offers manual settings for pictures. For video features, there's slow-motion video recording at 120 frames per second and super slow-motion mode, which can record about a second of video at 480 frames per second, which turns into a 10-second video file.
Software, performance, and battery life
The story is getting old at this point, but you can't talk about a Huawei phone without talking about the lack of Google services. You may think anything you want about Google, but most people get an Android phone and expect to be able to find any and all apps they need in the Play Store, and you can't do that here. Plus, any Google service you want to use just won't work normally.
However, Huawei has recently taken a pretty significant step in addressing the "app gap". While its own AppGallery is still pretty barren, the company has introduced a new feature called Petal Search, a search engine that can be used to search the web in general, but it has a focus on finding apps. You can use Petal Search to look for any app you want, and it will scour the web and a multitude of app repositories to find it. It also simplifies the install process, so you don't have to go through all the hoops some repositories put you through when downloading an app, since it can handle .xapk packages by itself. It's incredibly convenient and it makes it that much easier to overlook the lack of a Play Store.
There are still some issues with apps on Huawei devices, though. Some apps will tell you they require Play Services and simply won't work, as in the case of Microsoft Authenticator, which I sorely miss. Other apps may simply crash constantly. I've noticed that Microsoft Launcher has a tendency to crash and restart if I have it open for a few seconds without opening an app, which can be a bit annoying.
Otherwise, though, performance is actually pretty good on this phone. For a phone as cheap as this, the only times I really wished I had something else was when apps didn't work at all. In terms of overall speed, I had little in the way of complaints. Let's take a look at benchmarks, starting with AnTuTu, which is a general performance test:
The results here are pretty good for the price point. The Honor 10X Lite trounces the more expensive LG K61, and is nearly tied with the TCL 10 L, which officially costs as much as the LG phone.
Moving on to GeekBench, which is a CPU-focused test:
Once again, the Honor 10X Lite has very solid results, well ahead of the LG K61 mentioned above, and even the TCL 10 L in multi-core performance. Finally, we have GFXBench, which tests the GPU:
Battery life on Honor devices is always great, and the 5,000mAh battery on the 10X Lite will easily get you through a day. I would have expected two-day battery life with a battery this big, and you can make it last that long if you use the phone more conservatively, but it's not going to happen as often as with something like the Honor 9A. Of course, that's an even lower power device, so that's to be expected. You still easily get all-day battery life, which is what really matters.
The Honor 10X Lite isn't a terribly exciting phone, and that's pretty obvious just looking at its price tag, but it's nothing to scoff at, either. It offers pretty great performance and battery life for its price point, plus it has a decent camera, display, and sound, in addition to some niceties like 22.5W fast charging. It's an all-around enjoyable experience that doesn't carry a lot of compromises you get on other phones in this price range.
Of course, the lack of Google services is going to be a problem for many, but the addition of Petal Search goes a long way in making apps easier to find and install without the Play Store. The experience is getting that much more usable, even if it's not at the same level as phones that have Android licenses from Google.
Considering that phones like the LG K61 or TCL 10L have an official retail price that's €50 higher, the Honor 10X Lite is a legitimately good option, as long as you know what you're getting into without Google services.
The Honor 10X Lite is available in a few European countries, including France and Germany, and it usually costs €229.90. You can find different discounts or bundles depending on where you are, though.
10x lite
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Moto G Stylus (2021) review: Where have you gone, Moto?
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London 2012: Olympic Flame handover ceremony to begin
Sarah Shaffi
Published: 4:55 PM May 17, 2012 Updated: 9:54 AM October 13, 2020
The Olympic Flame Handover Ceremony is about to begin in Greece.
During the ceremony, which starts at 7pm local time (5pm British time) at the Panathenaic Stadium in Athens, the Olympic Flame will be handed to the British London 2012 delegation, led by The Princess Royal.
The Flame will be flown from Athens to RNAS Culdrose in Cornwall tomorrow, ahead of the start of the Olympic Torch relay on Saturday morning.
Since being lit in Ancient Olympia last week, the Olympic Flame has been taken on a relay around Greece, visiting places including Crete, Thessalonica and Larissa.
Today’s handover ceremony at the Panathenaic Stadium will begin with the Olympic Anthem and will be followed by the national anthems of the United Kingdom and Greece.
The High Priest and Priestesses will then come into the Stadium and position themselves around the altar.
The last torchbearers, Chinese gymnast Li Ning, who was the final torchbearer at Beijing in 2008 and lit the torch in the Olympic Stadium, and Greek weightlifter Pyrros Dimas, will arrive and light the cauldron.
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Usually there is only one final torchbearer but the Hellenic Olympic Committee (HOC) this year decided on two. The committee said: “The last torchbearers will be this time, two in number and their presence will be symbolically linking the past Olympic Games in Beijing, with Greece, the birthplace of the institution and the upcoming Games in London.”
Spyros Capralos, the president of the HOC will make a speech, followed by a speech by Seb Coe, chairman of the London Organising Committee of the Olympic and Paralympic Games (LOCOG).
The Olympic Flame will then be handed to the British delegation, who will leave the Stadium around 7.45pm local time (5.45pm British time).
Also attending the handover ceremony are London mayor Boris Johnson, Olympics minister Hugh Robertson, former England football captain David Beckham and five young people from across Britain, including Sakinah Muhammad from Clapton Girls’ Academy, Hackney.
On Friday they will fly on a gold painted British Airways plane back to Britain.
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Volume > Issue > Briefly: March 2006
Recovering a Catholic Philosophy of Elementary Education
By Curtis L. Hancock. Foreword by Peter A. Redpath
Publisher: Newman House Press
Review Author: Tim Weldon
It’s a rare book that both entertains and enlightens. But it’s an exceptional book that accurately criticizes Catholic elementary education and convincingly prescribes a remedy. With wisdom and resolve, Hancock helps us understand the immeasurable value of a Catholic education truly informed by faith and reason.
From Redpath’s articulate Foreword, we learn that Catholic elementary education is in danger of losing the very underpinnings that once grounded it. The consequences? Ignorant of philosophical tradition, students and teachers are no longer able to reason to the absolutes which ground our Faith, let alone defend them from corrosive relativism. Thus challenged, it is incumbent upon Catholic educators, parents, and pastoral leaders to recover the Catholic philosophical tradition in education.
Of special interest is Hancock’s accessible treatment of the history of Catholic education. From St. Clement’s (A.D. 150-219) establishment of the first Catholic school in Alexandria, Egypt (its motto, “I Believe in Order to Understand”), the successes of French and Spanish missionaries, the achievements of the first American Bishop, John Carroll, and St. Elizabeth Ann Seton to the wide availability of Catholic education today, we come to appreciate the author’s conviction that “the history of Catholic Education is an adventure in relating faith and reason.”
Exercising faith and reason, Hancock perceptively critiques the relativist claim that all views are equally true. Relativism is especially worrisome for Catholic educators since, under the umbrella of political correctness, absolute truths and belief in God are deemed exclusivist, making the believer guilty of intolerance. Yet, if each of us is issued a separate truth, there is no truth. As Hancock says: “Relativists are clearly confused: on the one hand, they want to promote tolerance as an absolute value; on the other, they cannot promote it, because they do not believe in absolutes!” As G.K. Chesterton put it: “tolerance is the refuge of the person who does not believe anything.”
Hancock’s defense of the Faith is not limited to criticism. His last chapters provide an outline for a return to the Catholic tradition in the classroom. A commitment to habituate the student through an education in moral virtue is a necessary remedy. “Philosophy is everyone’s business,” wrote the philosopher Mortimer Adler. Hancock makes it so in an enjoyable and enlightening way.
Art and Intellect in the Philosophy of Étienne Gilson
By Francesca Aran Murphy
Review Author: James G. Hanink
Most NOR readers are aware of Modernism and its offspring; most Commonweal readers are aware of the Church’s silencing of theologians who proved to be orthodox (e.g., Henri de Lubac) and complain that dissenters suffer the same fate. But, this reviewer wagers, most NOR and most Commonweal readers know very little about Étienne Gilson (1884-1978). He was, in a nutshell, the premier Catholic scholar of the history of philosophy in the last century and an important philosopher of art as well. He came of age, in France, during the struggle over Modernism, and spent his final years, still in France, discerning both the merit and mischief that was the legacy of Vatican II. For those who walk with the popes or, alternatively, gambol with and gamble on the Zeitgeist, not to have an appreciation for Gilson, the man and the thinker, is rather like being a politically engaged American who, say, recognizes the name Franklin Roosevelt and the term New Deal, but would be hard pressed to write 250 words about either.
Étienne Gilson was, and is, a superb tutor for those who care about the history of Catholic philosophers and the nature of Catholic philosophy. Murphy warmly invites us to explore the trials and triumphs of a thinker who sought to integrate St. Francis with St. Thomas and to do so in the full glare, and sometime brilliance, of the history of Western philosophy à la Sorbonne. There is such a thing as history, but despite an occasional nod in its direction, we’re apt to forget about it. Worse, we’re apt to be ignorant of it. And even when we solemnly conclude that those who forget the past must relive it, assuming as a premise that history repeats itself, we’re wrong. History can’t repeat itself, because everything is what it is and not another thing. Time is irreversible, so we can’t relive the past. With respect to the above obiter dicta, Murphy does us a service. Gilson, of course, knew far too much to suppose today’s tragedies are yesterday’s lived again; he knew far too much to suppose that history can repeat itself. But he knew, as well, that history sets the stage for the here and now; he knew that actors who fail to survey the genesis of the stages on which they strut do so at their own peril.
Murphy’s text is not an easy read. But it’s worth the effort, and more.
Literature Matters by Michael S. Rose
Common Cup Debate
What Does the Pope Know About World Affairs?
Where hot wars are concerned, many of Ratzinger's most ardent admirers find themselves diametrically at odds with the Pope.
Surprise! Femi-nuns Find Themsleves Under the Microscope
The nation's largest organization of administrators of women's religious orders is also being investigated by the Vatican.
Bishop Fred?
If Episcopalians want to call their bishop by his (or her) first name, that's their business.
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Tired of ‘Into the Wild’ rescues, locals want bus removed
by: RACHEL D'ORO, Associated Press
Posted: Mar 19, 2020 / 05:32 PM EDT / Updated: Mar 19, 2020 / 06:11 PM EDT
FILE – This March 21, 2006, file photo, shows the abandoned bus where Christopher McCandless starved to death in 1992 on Stampede Road near Healy, Alaska. They’re tired of the deaths and multiple rescues linked to the decrepit old bus whose legendary status continues to lure adventurers to one of Alaska’s most unforgiving hinterlands, and now officials in the nearest town want it removed, something the state has no intention of doing. (AP Photo/Jillian Rogers, File )
ANCHORAGE, Alaska (AP) — They’re tired of the deaths and multiple rescues near a decrepit old bus whose legendary status continues to lure adventurers to one of Alaska’s most unforgiving hinterlands, and now officials in the nearest town want it removed, something the state has no intention of doing.
The long-abandoned vehicle was made famous in the 1996 “Into the Wild” book and later in the movie of the same name. Scores of travelers have been rescued and two have died trying to cross the unpredictable Teklanika River while seeking to retrace the steps of Christopher McCandless along the Stampede Trail.
The swollen banks of the Teklanika are what prevented the 24-year-old Virginian from seeking help before his 1992 starvation death inside the bus. The vehicle was left there about 1960, decades before McCandless encountered it and wrote in his journal about living there for 114 days, right up to his death.
“The very basic core of a man’s living spirit is his passion for adventure,” states an unsigned granite memorial near the bus.
Officials in the Denali Borough based in Healy, 25 miles (40 kilometers) from the bus, solidified their stance this month in a unanimous vote to be rid of the bus. In the same action, officials also rejected a proposal to build a footbridge over a treacherous river for easier access to the bus.
“People would assume it’s a cakewalk to get there,” says Denali Borough Assembly member Jeff Stenger. “And that would encourage more to go.”
Families of those who died proposed the idea for the bridge, and sought sponsorship from the borough, including help with permits and maintenance. But borough officials declined, citing public safety.
“We want to limit the potential of pulling more dead people out of the river,” borough Mayor Clay Walker said.
There would also be the exorbitant expense of maintaining such a bridge far removed in backcountry marked by dangerous terrain, no cell phone service and other rivers to cross, officials point out. And some attempting the trip are ill-prepared.
The bridge would not have made a difference in the Feb. 22 rescue of five Italian tourists — one with frostbitten feet —from a camp they set up after visiting the bus. State Troopers are in charge of such rescues, but the borough is home to the local volunteer firefighters and others who often assist, Walker said.
Instead of a bridge, the borough wants the state to remove the vehicle.
“It’s the state’s bus. It’s on state land,” Stenger said. The vehicle sits in a clearing near the boundary of the Denali National Park and Preserve.
Help from the state is also sought by the husband of Veramika Maikamava, a 24-year-old newlywed from Belarus who died last year when she was swept away by the Teklanika while they were trying to reach the bus. Piotr Markielau, who is leading the footbridge effort, wants to connect with state officials to offer to help develop warning signs for the Stampede Trail, he said in an email to The Associated Press.
“I suspect removing the bus might not solve the problem in full,” he wrote. “People will keep going to the original location and might event erect another memorial there.”
Even though it won’t remove the bus, Department of Natural Resources spokesman Dan Saddler said the state would be open to exploring the warning signage idea.
“DNR would certainly evaluate any proposal according to state law and regulation, and consider the possible consequences for public health and safety of any action, or inaction, relating to the bus,” he said.
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Print Version – 2021
Home » Lifestyles » We are with you Mr. President
We are with you Mr. President
Posted on Tuesday, May 5, 2015
By Jimmie Epling
Darlington County Library System
Last week, President Barack Obama visited the Anacostia Branch of the District of Columbia Public Library to announce two new efforts “to strengthen student learning by improving access to digital content and to public libraries.” He announced the Open eBooks initiative and the ConnectED Library Challenge. These programs are part of ongoing efforts to help children develop a love of reading and discovery by making e-books and library services broadly available, particularly to students from low-income families. The Darlington County Library System welcomes these efforts as they support steps we have taken to encourage and help children become readers.
President Obama noted, “America’s librarians, like our teachers, connect us to books and learning resources that help us dream big….” He announced a new effort to provide popular books to millions of underprivileged children and young adults around the country and connect more students to their local libraries. The President noted, as readers of this column know, “that reading just 20 minutes a day can make a tremendous difference in a student’s success.” Children who become readers become leaders!
The Open eBooks initiative will make over $250 million in popular e-books from major publishers available, for free, to children from low-income families via an app. The Open eBooks app is being developed by the New York Public Library, with a $5 million grant from the Institute of Museum and Library Services (IMLS), which is partnering with the Digital Public Library of America and First Book to curate and deliver the e-books to students from low-income families.
Children in Darlington County do no need to wait until the Open eBooks initiative comes online. With a digital device and Internet access, library system has children’s ebooks available! Last August, we launched a special online e-book collection called the Children’s eReading Room in our consortium.
Parents and children can now browse and select age appropriate books and audiobooks on our website www.darlington-lib.org on the left side of the page. Parents an show their child how to borrow the books offered in the eReading Room. There are no adult books, as it is a separate website. Not only are you able to search by title, author, or subject, you can also find books categorized by the most common reading level systems, such as ATOS, Lexile, and grade level.
There are over 560 books and 85 audiobooks available for children in the Library’s eReading Room. They are grouped by children’s fiction, literature, nonfiction, picture books, First Readers, historical fiction, humor, mystery, science fiction, and fantasy. Books range from Thomas the Tank Engine, Amelia Bedelia, Old Yeller, and of course, Harry Potter.
Complementing the Open eBooks Initiative effort, the ConnectED Library Challenge is a commitment by more than 30 communities “To work to put a library card into every student’s hand as soon as they enter school so they will have access to the learning resources and books they can read for pleasure, all available in America’s libraries.” Statistics show that children who visited the library during kindergarten had higher achievement scores in reading and science in third grade, particularly for children in households with low income and low parental education.
The Darlington County Library System is committed to getting a library card into every child’s hands. We partnered with First Steps and Carolina Pines Hospital in the “Welcome Newborn Baby” bag program which began in March 2014. The parents of each child born at the hospital receives a “welcome bag” that includes from the Library a book, literacy information, and an invitation and application to get their newborn child a library card.
The Library’s children’s librarians regularly visit our Head Starts to share stories and books; during the holiday season program, children receive a gift, a book of their own. Each summer, the Library sponsors a Summer Reading Program for children to encourage them to read and to help prevent a “summer slide” in reading skills. We collect the schools’ lists and post them on our website, www.darlington-lib.org, to help students and parents!
The staff of the Darlington County Library System wants the best for our children. It is thrilling to have our efforts to make every child a reader spotlighted and appreciated. We are with you Mr. President!
Author: Jana Pye
A closer look at S.C. and the taxes you pay to live here
Hartsville liquor store is robbed
Teen injured as someone on overpass drops rocks on cars
Two killed in Darlington County traffic accidents
The ‘old’ post office is new again!
Florence-Darlington Technical College announces President’s and Dean’s Lists
Hartsville’s Evans to play for Tennessee
Once-imprisoned pastor speaks at Darlington church
Shooting suspect released on $200,000 bond
Inspiration for ‘nurse’ in Darlington mural dies at 95
2020 Delinquent Tax Notices online here!
Kalmia Gardens opens new observation platform
Darlington, SC 29532
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Cowboys Classic
Details emerge for Florida-Michigan in 2017
February 7, 2014 | By Adam Silverstein
Last December, the Florida Gators and Michigan Wolverines jointly announced that the schools had agreed to open up 2017 season against each other at AT&T Stadium in Arlington, TX in what will...
Florida and Michigan set to open 2017 football season in Cowboys Classic
December 19, 2013 | By Adam Silverstein
The Florida Gators announced on Wednesday that the program has agreed to open up the 2017 season against the Michigan Wolverines at AT&T Stadium – formerly known as Cowboy’s Stadium – as...
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MONDO transformed specific needs of athletes into new track technologies and applied them to the MONDOTRACK WS to optimize it for the Tokyo 2020 Games.
MONDOTRACK WS is the most technologically advanced athletic track in the world.
Designed with the goal of taking human speeds to levels never reached before.
Sportflex Super X 720 K39 is the ideal athletic track surface for facilities dedicated to both competition and training because it guarantees athletes the perfect combination of shock absorption, vertical deformation and energy return.
Sportflex Super X 720 K41 is the MONDO athletic track flooring specifically designed to accommodate intensive training by professional athletes, tested in collaboration with the Turin men’s sprint team.
Sportflex Super X 720 K37 is the ideal surface for junior, non-professional and amateur track & field.
Sportflex Super X 720 K35 is the ideal surface for track and field beginners because it guarantees maximum safety and balanced comfort levels.
Modultrack’s variable hydraulic banking tracks are unique because they are controlled using an innovative PLC (Programmable Logic Control) system for ease of use and optimal curve progression at every incline.
All of MONDO’s Modultrack solutions are designed with fully adjustable structures to guarantee quick assembly and compliance with international regulations, even when the supporting surface is not state-of-the-art.
Modultrack permanent tracks are fully coupled for ease of assembly, transportation and dimensional accuracy over time. Unlike concrete permanent solutions, these tracks can be assembled in just a few days, with no need to wait for the floor screed to dry.
Home Spazio Mondo projects Oklahoma City Public Schools
Oklahoma City Public Schools
Project launched: 2007
Total number of schools: 46
Total cost: $470 million
In Oklahoma City the renovation of the city has been going on for over twenty years. Now is the time of school facilities and each new installation word of mouth on the performance of Mondo flooring spreads. So the next school staff and students are looking forward to completion of its own gymnasium.
"Mondo floors are great for minimal wear and tear and look amazing for years. This floor is also beneficial for the school district because with limited funds, there is no need for waxing and high maintenance – just soap and water makes it look brand new again.” , Abdullah Ibraheem, architect
A city reborn
In 1993, voters in Oklahoma City, capital of the state of Oklahoma, supported a unique type of funding source to help with municipal improvements such as new and upgraded facilities for sports, recreation, cultural and entertainment.
With this funding, the MAPS (Metropolitan Areas Projects) program began on December 14, 1993 and by August 17, 2004 all of the projects from the first of three phases were completed. The source of this extraordinary revenue stream was a one-cent sales tax approved by voters, which was in place for six years, Today, facilities such as the Bricktown Ballpark – home field for the Oklahoma City Redhawks AAA baseball team, the Chesapeake Arena – home to the Oklahoma City Thunder NBA basketball team, and the Bricktown Canal, which winds through the industrial area turned tourist attraction has given the City a new lease on life, and a healthy boost to its economic development bottom line.
A gym for each school
Building on the success of phase one of the OCMAPS program, in 2001 the voters approved phase two and brought back the one cent sales tax for another seven years.
This new program was called OCMAPS2, or MAPS for Kids, and was aimed at improving public schools. In addition, a $180 million bond issue was approved for Oklahoma City Public Schools. Shortly after, the OCMAPS Trust was developed for financial management of both the new sales tax and bonds. Because the funds were collected prior to construction, when the MAPS2 projects are completed they are debt free.
Why Mondo
One of the most important in the creation of new gyms involved the choice of flooring. “The flooring was a major aspect and the administrators at Oklahoma City public schools were not familiar with Mondo products. We explained that even though the cost is higher than vinyl sheeting or tiles, the sales tax program they had in place would allow them to afford a higher end product." says Abdullah Ibraheem, architect. “After careful consideration of options available for gymnasium flooring we decided to go with Mondo Advance, unless there was another product proven equal, which was a stipulation in the specifications. We found that Mondo floors are great for minimal wear and tear and look amazing for years. This floor is also beneficial for the school district because with limited funds, there is no need for waxing and high maintenance – just soap and water makes it look brand new again.”
Childproof flooring
Because the gymnasiums were built for young children, bright colors were chosen to bring more fun to the room. “In working with the architects, we decided that having a wood grain-style floor with school colors incorporated into the designs would be a good combination,” he says. “So far, everyone has been pleased with the end results. The kids love the flooring because if they fall, they don’t hurt themselves like they would on other surfaces. The teachers enjoy the fact that they can still use tables and chairs in the area if they want to, and the gyms can also be set up for science fairs and community gatherings. This multipurpose factor is one more reason to justify the cost of the flooring.”said the architect Ibraheem.
The compliments continue at school level with all staff, including the gym teachers. “The floors are great,” says Dode Jordan from West Nichols Hills Elementary. “It makes it easier to stand for an extended time as a teacher because it is a lot more cushioning. A lot of times kids will fall and while the Mondo floor is not as hard as concrete or regular hardwood floors. The floor in our gym has the look of light hardwood, with our school colors of blue and yellow all the way around the basketball court.”
A logical choice
Ryan McCaslin, representative for Performance Surfaces LLC, has been working with Mondo flooring for over 11 years and can attest to the product’s quality and customer satisfaction. “For Oklahoma City schools, it makes a lot of sense to use Mondo because it is so durable and lasts a long time,” he says. “The administrators at the school district have an opportunity to build gyms now, and they likely won’t have the large budget to resurface the gyms later. Mondo Advance has a 10-year wear layer warranty, but beyond that, we have several other gymnasiums in Oklahoma that are more than 20 years old and still have plenty of life left in the Mondo flooring.”
McCaslin worked closely with Abdullah Ibraheem to determine which Mondo product would work best in so many schools. “The installations have been broken up into groups of three to six gyms, with the hiring of separate architects for each grouping. This creates a wide variety of design on the color patterns, paint for game lines and other markings on the gym floor. Most of the schools are not doing logos, but are using multi-color layouts with things such as borders around the basketball court, free-throw lines and center circles.” comments McCaslin.
From a designer’s view
David Hornbeek, principal at Hornbeek Blatt Architects says when they began working on the project, the public school system administrators had already established design standards for the gymnasiums. “What they originally wanted was wood floors but only on the playing surfaces. The out-of-bounds area and the remainder of the gymnasium would be a vinyl composition tile (VCT),” he notes. “The coach’s office, storeroom, and change rooms would also have VCT or ceramic tiles. Because of higher cost of wood floors, nobody wanted to pay for that option throughout the building. The wood and tile combination caused a terrible transition between surfaces.”
Hornbeek says his team is pleased that the school administration and school board looked at the Mondo flooring option with open eyes and recognized that there was a product that was not only sustainable and maintainable, but cheaper than wood flooring.
“Now the specs for these gyms include the performance of a Mondo floor or equal. The school administrators and maintenance people still have their choice of wood or rubber flooring, but the low-maintenance and extended durability of Mondo is very positive. They were also happy to know that wearing street shoes a Mondo floor would not damage it," concludes Hornbeek.
Flooring more beautiful and affordable
Erin Smith, of Smith Design Company, worked on one of the first school installations. “I was with Hornbeek Blatt Architects at the time and we had heard that the PTO (Parent Teacher Organization) at Nichols Hills Elementary was raising funds independently from the OCMAPS program,” she says. “One of the parents was a member of the Westminster Presbyterian Church in Oklahoma City and told the committee about Mondo flooring, which was installed in their church’s gym. David Hornbeek and I went to look at the facility and we were impressed. We got in touch with Ryan McCaslin at Performance Surfaces and along with Abdullah’s advice, we decided to use Mondo Advance.”
Smith says McCaslin was instrumental in helping them pick the right products. “Normally the gyms are really basic so it was nice to have this one element that is a step above and makes the gyms stand out. The school standard was originally just sheet vinyl, but it was important to Abdullah to have a nicer product.”
#Projects 08 Dec 2011
Global Speed
#Projects 25 Nov 2014
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CareersCollege & EducationLifestyleTravel
3 Reasons to Attend a Foreign University Abroad – How to Choose the Right Program
According to USA Today, the number of U.S. undergraduates studying abroad was almost 290,000 in 2014. In fact, approximately 9% of U.S. undergraduates study abroad at some point. Attending a foreign university can be a life-changing and valuable experience for a number of reasons, not the least of which include developing a better understanding of different cultures and improved communication skills.
Recognizing these and other benefits, numerous American presidents have promoted the value of foreign education exchange programs:
President Dwight D. Eisenhower advised on January 27, 1958, that “the exchange of students should be greatly expanded. Information and education are powerful forces in support of peace. Just as war begins in the minds of men, so does peace.”
More than 25 years later in May 1982, President Ronald Reagan said, “There is a flickering light in us all which can light the rest of our lives, elevating our ideals, deepening our tolerance, and sharpening our appetite for knowledge about the rest of the world. Educational and cultural exchanges provide a perfect opportunity for this spark to grow.”
In a joint press conference with Russian President Boris Yeltsin on April 4, 1993, President Bill Clinton confirmed the importance of student exchange programs: “No one who has lived through the second half of the 20th century could possibly be blind to the enormous impact of exchange programs on the future of the countries.”
President Barack Obama has announced two programs – “100,000 Strong” in 2010 and “100,000 Strong in the Americas” in 2011 – to bolster the number of U.S. students studying in China and Latin America, respectively. Speaking about the importance of studying abroad, First Lady Michelle Obama said, “The fact is, with every friendship you make, and every bond of trust you establish, you are shaping the image of America projected to the rest of the world. That is so important. So when you study abroad, you’re actually making America stronger.”
Reasons to Study Abroad
1. Better Employment Opportunities
According to For Dummies, studying abroad enhances your chances for post-graduate employment because employers want “employees with an international knowledge base, as well as foreign language skills.” This finding was reinforced by other studies:
A study published in Frontiers: The Interdisciplinary Journal of Study Abroad suggests that employers with international business place significant value on studying abroad – the longer, the better in programs that feature service learning or internships.
The QS Global Employer Survey Report 2011 indicates that almost half of employers in the U.S. actively seek or value international study experience when recruiting.
A 2012 survey by IES Abroad of recent graduates who had overseas study experience indicates that 89% got a job within six months of graduation, almost half while they were still in school – and earned $7,000 more on average in starting salaries. By contrast, only 49% of college graduates found jobs within a year.
Conversely, one study reported on by NAFSA found that very few employers specifically recruit candidates with an overseas educational experience unless cross-cultural skills are required. In other words, companies whose interest is limited to the geographical U.S. are less likely to appreciate the foreign experience. Choice of majors remains the single greatest determinant of employer interest.
2. Improved Graduate School Acceptance
Chuck Cohn, CEO of Varsity Tutors, claims that studying abroad may help gain graduate school admission: “Graduate schools seek well-rounded students who can compete in a globalized, ever-evolving market.”
However, it is not necessarily international experience alone that will set you apart, but the ability to reflect on your experience and how it can contribute to the graduate program. It also depends upon your field of study and the relevance of the foreign instruction to that field.
3. Increased Language Proficiency
Direct enrollment effectively immerses a student in the local culture and language in a sink-or-swim condition. Research by PLOS ONE indicates that teenagers and adults can become adept in a second language and that the best method of instruction is immersion, rather than implicit or classroom instruction.
While bilingualism can be a significant asset in a career, the cognitive benefits to the speaker – improved cognitive skills and brain functions, as well as protection against memory loss – are well known.
Factors to Consider – Direct Enrollment vs. Study Abroad Programs
Students seeking to broaden their knowledge and enhance their language skills can choose between a school-sponsored program (study abroad) or enrolling directly in a foreign host university. Factors to consider before selecting a program include the following.
1. Student Maturity
Students at the age of 18 or older are considered adults and will be subject to the same laws and expectations for adults in the host country. According to CNBC, Mark Kantrowitz, senior vice president at Edvisors.com, warns, “If you don’t know what you want to be when you grow up, college overseas is not where you go to find yourself.”
The behavior of students in study abroad programs is frequently crude and disrespectful. According to Tuscan Traveler, a staff member for a study abroad program in Italy confirms such behavior: “It’s impossible for the schools to keep these kids under control. It’s one thing when they are on a college campus doing damage, but the situation is far more serious when they are running wild in and devastating historic cities.” If a student doesn’t know that drinking is not an exercise to get drunk, he or she is not ready for an overseas experience.
U.S. college-affiliated study abroad programs are highly organized, and are most appropriate for students who might be leaving home or the United States for the first time. Classes are designed specifically for Americans with planned, guided excursions. As a consequence, students primarily interact with other Americans, rather than with the local populace.
According to Jillian Schedeneck, an American who participated in a school-affiliated program in Bath, England, “American programs are good at showing you the historical and cultural aspects of a foreign country from a distanced point of view.” Schedeneck notes that she had to make considerable efforts to meet and become friends with the actual British people.
In contrast, students who directly enroll in a foreign university are on their own with limitless opportunities to customize their foreign experience. The student chooses where he or she wants to live, eat, and travel. Classes are conducted in the native language of the country, and the majority of classmates are from the host country. Immersion in the culture is not optional, but the natural consequence of the experience.
3. Academic Qualifications
Like universities in the United States, the admission requirements for direct enrollment vary from country to country, school to school. For example, an American student applying to the University of Oxford for undergraduate studies must have a minimum combined SAT score of 2100 (1400 in critical reading and mathematics and also 700 in writing), and have scored a five on three or more advanced placement (AP) tests or have scored at least 700 on three appropriate SAT subject tests. The University of Bristol requires a minimum 3.0 GPA, an SAT score of 1830, and three SAT subject tests of at least 650.
By comparison, Harvard University requires an SAT score (the school does not publish its SAT minimums) and two SAT subject tests for admission.
4. Language Abilities
While the majority of college-sponsored study abroad programs are conducted in English, students who directly enroll in universities receive classroom instructions in the language of the country where the university is located. Classmates are regular university students native to the region.
According to Jason Rogers, a hockey player from Virginia and an alumnus of the Sorbonne, “You have to have a pretty good grasp of the language before studying abroad in order to attend classes in a foreign language. By forcing you to actually use the language you’re learning, immersion multiplies your gains.” If attending a school in a non-English speaking country, applicants are typically required to show proficiency in the regional language before acceptance.
5. School Rankings
Times Higher Education ranks 401 of the world’s universities by their teaching capabilities, research, knowledge transfer, and international outlook. It also ranks the Top 100 most powerful global university brands by reputation. 43 are located in the U.S., followed by 12 in the United Kingdom, 6 in Germany, and 5 each in Australia, France, and the Netherlands. 15 other countries throughout the world have one or two universities on the list.
Students selecting a study abroad program should check with their home university to find foreign partner schools. Students intending to enroll directly in a foreign school should review the curriculum of the school and confirm that credits earned will be accepted by the U.S. school if they intend to return to America prior to graduation.
According to a 2014 Forbes article, the average cost of a study abroad semester is $31,270 – and “fees only get higher when you tack on living expenses like sightseeing, dining and traveling to nearby countries.” However, many colleges and universities maintain cost parity with overseas schools, so tuition and fees are the same as the home campus in the U.S. Financial aid should be transferable as long the home college accepts the credit, according to Stacie N. Berdan, an international careers expert.
Of course, many international universities are tuition-free or charge fees well below their U.S. counterparts. According to The Washington Post, American students in Germany, Norway, Finland, France, Sweden, Slovenia, and Brazil pay little or no tuition, but are expected to cover all of their living costs (proof of their ability to cover living expenses may be required). As a consequence, enrolling directly in a foreign college may save students considerable money.
Commenting on an article in The New York Times, a father in New Jersey states, “Two of my sons are studying undergraduate college full time in Europe. I send them to the most expensive business school in Spain, and I’m still paying 50% to 60% less than the comparable school in the U.S. Including airfare!” While annual costs in the United Kingdom and the U.S. are comparable, an undergraduate degree requires only three years in the former, versus four years in the U.S.
The United States has the biggest gap of any industrialized nation between imports and exports, along with a national debt that threatens the continued stability of the country. The U.S. faces one of its biggest economic challenges since the Great Depression of the 1930s – companies are shifting their resources offshore to fast-growing markets like China, which, according to Bersin, is expected to have a larger middle-class than the U.S. within two years with a more competitive, younger, and dynamic labor force. Klaus Schwab, chairman of the World Economic Forum, proclaims, “We have entered a global economy where talent and skills shortage challenge world economics and business growth around the world.”
America’s economic rivals understand the emphasis on a global market, spurred by trade agreements such as the North American Free Trade Agreement. There are more than 1.1 million international students attending college or graduate classes in the U.S. with little or no accommodation in language or student life. As a result, if American workers are not learning constantly, hungry kids from an emerging market “will eat your lunch,” according to Angelina Clarke, an emerging markets expert from Sao Paulo, Brazil.
What do you think? Is foreign study a luxury or a necessity?
How to Afford College Study Abroad Programs with Scholarships & More
How to Become an ESL Teacher - Guide to Teaching English Abroad
10 Reasons Why You Should Study Abroad in College - Benefits & Challenges
16 Best Online Colleges With Accredited Degree Programs
Are American Schools Failing? - How to Improve the U.S. Education System
Michael R. Lewis is a retired corporate executive and entrepreneur. During his 40+ year career, Lewis created and sold ten different companies ranging from oil exploration to healthcare software. He has also been a Registered Investment Adviser with the SEC, a Principal of one of the larger management consulting firms in the country, and a Senior Vice President of the largest not-for-profit health insurer in the United States. Mike's articles on personal investments, business management, and the economy are available on several online publications. He's a father and grandfather, who also writes non-fiction and biographical pieces about growing up in the plains of West Texas - including The Storm.
7 Best TV Shows to Watch to Learn About Money, Finance & Business
If you want to learn more about money, the easiest way is to pick up a book on the subject. Unfortunately, most books about...
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Power Plant Explosion Casts New Light on New York’s Addiction to Dirty Fuel
The bright-blue sky dazzled the city’s residents, but the source of the light could stoke an already heated debate.
Simin Liu/Anadolu Agency/Getty Images
This story was originally published by HuffPost. It appears here as part of the Climate Desk collaboration.
ASTORIA, NY—The transformer explosion that illuminated the New York City skyline late Thursday night came from one of the state’s dirtiest plants, casting new light on the city’s dependence on antiquated oil-burning power stations and bolstering calls for cleaner electricity.
This densely-populated area of northwestern Queens provides nearly half the city’s electricity from aging plants that burn number 6 fuel oil, a thick, viscous oil blend considered one of the most polluting energy sources in the world.
The Astoria Generating Station, where the explosion occurred around 9 p.m., burns 3,039,000 gallons of number 6 fuel oil a year. The Ravenswood Generating Station, the towering four-smokestack facility on the East River in Long Island City, burns another 3,264,000 gallons per year and was ranked as the state’s largest carbon polluter in 2014.
The New York City Department of Health found higher air pollution levels in Astoria and Long Island City than the rest of the borough or city. According to the city’s most recent community health report for the neighborhoods, the levels of PM2.5—the most harmful type of particulate matter, fine-grain pollutants that wedge into lungs when inhaled—hit 8.9 micrograms per cubic meter. That compared to 8.4 micrograms per cubic meter in Queens overall and 8.6 citywide.
Local officials have long blamed the plants for higher levels of asthma, and last year the city council passed a bill requiring the utility operators to stop using fuel oil number 6 by 2020 and number 4 oil by 2030. Transformers can malfunction regardless of the fuel source. But the explosion on Thursday night could add new pressure to go further, phasing out fossil fuel use altogether and converting the stations to renewable sources.
“This is a very old and very polluting power plant that should have been shut down quite a while ago,” Judith Enck, the former Environmental Protection Agency regional administrator for New York, told HuffPost late Thursday. “It’s a reminder that New York needs to accelerate efforts to phase out fossil fuels.”
Standing outside the gates of the Astoria Generating Station on Thursday night, state Sen.-elect Jessica Ramos, one of the insurgent Democrats who ousted a conservative incumbent in last month’s election, vowed to co-sponsor the Climate and Community Protection Act (CCPA) next year.
The bill, first introduced in the Assembly in 2016, mandates that New York switch to 100 percent renewable energy by 2050. For two years, the Senate’s Republican majority refused to vote on the bill even as it repeatedly passed in the Assembly, and Gov. Andrew Cuomo (D), who has deep ties to the fossil fuel industry, declined to champion the legislation.
But Ramos, who last week attended a packed town hall in Jackson Heights to encourage Spanish-speaking voters to speak out about climate change and environmental issues, called the bill “a huge priority” for the new Democratic majority that “will definitely come up next year.”
“We need to flip everything on its head and rethink the paradigm of exactly how it is that the city of New York and the state of New York is thinking about our future consumption of energy.”
“None of these things happen in a vacuum,” Ramos said as police vehicles and Consolidated Edison trucks sped past a crowd of TV crews. “We need to flip everything on its head and rethink the paradigm of exactly how it is that the city of New York and the state of New York is thinking about our future consumption of energy.”
The CCPA is far from the only effort to stoke debate over New York’s energy use and climate pollution. The push to shutter dirty power plants goes back years.
In 2011, officials closed the Charles Poletti Power Project, a three-decade-old plant in Astoria that was once considered the city’s worst polluter. The Queens’ Times-Ledger noted that it was “the prime reason western Queens … was nicknamed Asthma Alley.”
Earlier this month, city lawmakers introduced a landmark bill to cut emissions from buildings of more than 25,000 square feet, the city’s biggest source of carbon pollution. The legislation would be the first of its kind in any major city, and would likely set a new standard for metropoles under pressure to reduce emissions as climate change worsens. The bill’s proponents pitched it as a first step toward what they call a “Green New Deal for New York City”—a nod to the national effort by progressives to pass sweeping economic and energy reforms and end fossil fuel use in the next decade.
Two weeks ago, New York City Comptroller Scott Stringer announced a “significant next step” in divesting the city’s $200 billion pension funds of oil and gas as he issued a request for a proposal to analyze the city’s fossil fuel risks.
Last January, Mayor Bill de Blasio’s administration sued five major oil companies over infrastructure damage linked to sea level rise. A federal judge tossed the suit in July, but California and seven other states signed on to the city’s appeal last month.
New York generates just 5 percent of its electricity from wind or solar. In a sweeping policy speech this month outlining a progressive third-term agenda, Cuomo pledged to move the state to 100 percent carbon-free electricity by 2040. But despite his allusion to a Green New Deal, the Cuomo administration is still considering new pipeline projects that environmentalists say puts fragile ecosystems at risk and threatens to prolong the state’s reliance on fracked gas from Pennsylvania and elsewhere.
For Daniela Lapidous, a Brooklyn-based renewable energy activist who spent much of the past year bird-dogging Cuomo and urging him to back the CCPA, the transformer explosion on Thursday hit home. After seeing images of the electrical fire online, Lapidous began frantically texting friends in Queens.
“I was just so worried about everyone I know who lives nearby,” Lapidous said by phone Thursday night. “I don’t think it should be normal to fear that the way we provide energy endangers the people we love.”
“Fossil fuels cause so much danger from climate change and air pollution,” she added, “but freak accidents like this go to show that moving our energy system to 100 percent renewables is the only way to minimize the threat.”
Climate Change Has Made New York’s Rat Crisis Much Worse
The Heat In New York Is Literally Killing People. Here’s What the City Has to Do Now.
Justine Calma
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HomeMercedes-BenzNewsOfficial
2015 Mercedes-Benz C63 AMG Sedan and Estate photographed inside and out at AMG GT premiere
Sep 12, 2014 at 7:19am ET
Our friends at DiarioMotor have spotted camouflaged prototypes of the 2015 Mercedes-Benz C63 AMG Sedan and Estate at the AMG GT world premiere.
The new C63 AMGs will borrow the AMG GT's twin-turbo V8 4.0-liter engine which is believed to generate 476 PS (350 kW) in the C63 AMG and 510 PS (375 kW) in the C63 S. The latter will also be distinguished by its bigger brakes, slightly more aggressive body and interior tweaks which obviously will command a premium over the regular variant.
Mercedes-Benz will reportedly unveil the 2015 C63 AMG Sedan and Estate on September 24, prior to an official public debut early October at the Paris Motor Show when order books are expected to open up. Deliveries are set to begin in February next year for the sedan and from April for the wagon.
Additional images are available at the source link below.
Gallery: 2015 Mercedes-Benz C63 AMG Sedan and Estate photographed inside and out at AMG GT premiere
mercedes c63 amg mercedes-benz c63 amg 2015 mercedes c63 amg 2015 mercedes-benz c63 amg 2015 c63 amg luxury
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OUMMIH LAW GROUP
Matrimonial Family Law
Business/Real Estate
Intl. Civil Servant Law
Oummih Law Group Team
Public Profile/Publications/Media Profile
Publication Media
Represented high profile case of a Kuwaiti national in a foreclosure action brought about as a result of her former attorney’s conversion of client funds and assisted in the investigation and eventual successful prosecution of said attorney.
Appeared in PBS documentary entitled “Well-founded Fear” currently being screened for immigration professionals worldwide.
Detailed expert consultation to Group of the World Bank’s Women, Business and the Law 2018 publication covering the topic of family law in Morocco, in particular, women’s access to property, institutions, and justice, and the laws and regulations (post April 2015) affecting the ability and the decision of women to enter the labor market and creating their business.
One of the two American Moroccan lawyers from the United States selected to participate in Morocco’s first-ever Moroccan Overseas Lawyers Legal Forum on “Cooperation and partnership: Ensuring effective enforcement, on the ground, of judicial cooperation agreements between the United States and Morocco” (2016)
Arbitrator, Civil Court, Queens County (since 1998).
"The Kashmir Dispute: A Plan for Regional Cooperation," 31 Columbia Journal of Transnational Law 495 (1994) (Research and editing credit).
“Sources of Law”, UN Special, Geneva 2012.
United Nations System Staff College, Certificate, Political Approach to Preventing and Responding to Electoral Violence and other Election-related Political Crises, 2012.
Egypt’s First Presidential Elections”, OHCHR Publication (2013).
SAIT (Security Awareness Induction Training, Amman, Jordan, 2010)
The Cornell Institute on Conflict Resolution, The Employment Law Mediator Program (2007).
UNHCR investigation Techniques, UNHCR.
Collaborative Negotiations Skills, United Nations.
FROM THE MEDIA
https://nypost.com/2020/05/30/nypd-cop-seen-tossing-protester-to-ground-under-investigation/
https://femmesdumaroc.com/portrait/amal-oummih-lavocate-des-migrants-59680
http://www.wafin.com/attorney.phtml
https://www.nywba.org/content/uploads/2018/06/June-2018_FINAL.pdf
https://whistleblower.org/uncategorized/unhcr-whistleblower-wins-case-before-the-un-dispute-tribunal/
https://leconomiste.com/article/1020642-les-avocats-mre-une-force-de-frappe-diplomatique
https://www.amazon.com/Women-Business-Law-2018-Empowering/dp/1464812527
CERTIFICATE OF APPRECIATION
Oummih Law Group is located in Astoria – Long Island City in Queens. We are a full-service law firm providing legal services, representation, and counseling in various areas of law. Contact us for a confidential consultation.
2315 Steinway St,
Email info@oummihlawgroup.com
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Unreal Estate: Tucked away in Reeveston, 7-bedroom custom home listed at $775K
Audrey J. Kirby
The Palladium-Item
RICHMOND, Ind. — Privately tucked away at the end of South 17th Street is a custom home that greets guests with a large wraparound porch.
An awning, connected to white pillars, shields the sun from those wanting to unwind in rocking chairs on the near 1,000 square feet of the outdoor protrusion.
The porch isn't listed within the home's estimated 8,000 square feet. Open the forest green door for a glimpse of what's within the brick walls: up to seven bedrooms, 5.5 bathrooms, a main-level master suite, a private main-level office, an exercise room and a bar area.
Oak covers the first floor. Some rooms tout floor-to-ceiling windows. There are two interior gas fireplaces.
The home's backyard includes a stone outdoor family room equipped with a fireplace of its own.
Located in Richmond schools district, at 419 S. 17th St., the property is listed at $775,000.
To view the full listing, click here.
MORE UNREAL ESTATES
► Historic home in downtown Richmond built in 1859
► $1.8 million home sitting on 45 acres in Richmond has plenty outside, too
► $859K home with view of Middlefork Reservoir
Audrey Kirby is a digital producer for The Palladium-Item. "Unreal Estate" is a new series by The Palladium-Item that strives to feature some of Wayne County's most extravagant or unusual properties on the housing market. Follow Audrey on Twitter @ajanekirby, and email her story ideas: ajkirby@muncie.gannett.com.
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LI developers spend millions to protect from future storms
Beechwood Homes units in East Rockaway, seen here Aug. 3, 2017, will feature raised structures that would address the posssibility of future storms akin to superstorm Sandy. Credit: Johnny Milano
By Maura McDermott maura.mcdermott@newsday.com @mauramcdermott Updated August 19, 2017 12:00 PM
Long Island developers are making multimillion-dollar investments to protect new projects — waterfront and inland alike — from rising sea levels and the risk of major storms.
In Glen Cove, RXR Realty said it is raising the ground level of its 56-acre waterfront development, Garvies Point, by 6 to 10 feet. The effort required enough soil, sand and gravel to fill 40 Olympic-sized swimming pools. It also is constructing $15 million steel and reinforced concrete bulkheads along the waterfront, and spending roughly $10 million on stormwater management and $5 million on generators to provide full power to all 569 condominiums if electricity gets knocked out.
These and other steps to make the property storm-resilient will add roughly $40 million to the $1 billion cost of the project, which in addition to the condos includes 541 rental apartments as well as a restaurant, shops, offices and parks, the Uniondale-based developer said.
In East Rockaway, the Beechwood Organization is elevating 84 new condos over parking spaces at its waterfront property, adding a new bulkhead, docks and oversized drainage systems, and placing all mechanical equipment on roofs. The 2.7-acre site was previously occupied by a marina that was devastated by superstorm Sandy in 2012. Jericho-based Beechwood said it spent roughly $5 million going beyond state building codes and local requirements to protect the property from storms.
How LI could be affected by rising sea levels
Virginia-based AvalonBay Communities is raising the land near Manhasset Bay in Great Neck where it is constructing a 191-unit apartment building, elevating the structure over parking and installing utilities 16 feet high, at the top level of its garage, said Chris Capece, senior development director.
Tritec Real Estate Co. is elevating the 112 apartments in its Shipyard project in Port Jefferson over a parking garage and installing drainage pumps in the garage, even though the waterfront complex is located outside the designated flood plain, said Robert Kent, vice president and general counsel at the East Setauket-based company.
“In a post-superstorm Sandy Long Island, there is a heightened awareness of where the high-risk flood zones are,” said Kyle Strober, executive director of the Association for a Better Long Island, a builders’ trade group. “The 100-year flood storms are happening every 10 years now, and that means only the very forgetful or the high-stakes gamblers are building on the ground level today.”
Exceeding requirements
Under state building codes and local laws, developers are required to protect buildings in high-risk flood zones by constructing strong foundations, elevating buildings and electrical systems and using storm-resistant materials, among other measures. But developers say they are going beyond those requirements.
The builders’ investments come as climate scientists report that sea levels have risen over the last century and are expected to continue rising. A study released last month by the Union of Concerned Scientists examined the U.S. coastline and found that by 2100 nearly 500 communities — including many along Long Island’s South Shore — could face “chronic flooding” so severe that residents could be displaced if communities do not take steps to protect themselves.
Global sea levels have risen by 7 to 8 inches since 1900, a team of scientists wrote in a 673-page draft government report dated June 28, The New York Times reported Monday. Sea levels are “very likely” to rise another 3 to 6 inches by 2030, due mainly to increasing temperatures and melting ice, and the effects could include more floods and major storms, the draft report found.
Some scientists and elected officials debate the extent, severity and causes of the changes.
But on Long Island, major developers and small-scale builders say they are responding to a growing incidence of routine floods, as well as major storms like Sandy.
In RXR’s Glen Cove complex, all residences will be located 18 to 22 feet above the level reached by a so-called 100-year storm — that is, a storm with a 1 percent chance of happening in a given year, the developer said. Even at RXR’s Ritz-Carlton development in North Hills — more than 2 miles from Manhasset Bay — the developer is girding for storms. Two tractor-trailer-sized generators can provide full power to the first 110 condominiums, and another three will be added as the complex grows to 230 units. The generators are expected to cost $3.5 million, said Joe Graziose, senior vice president at RXR.
Protecting investments
RXR chief executive Scott Rechler was determined to make the Ritz-Carlton “Sandy-proof,” despite the added cost, since many buyers lived on the North Shore and lost power when Sandy hit, Graziose said.
Developers say their primary concern is protecting their own investments and those of prospective buyers.
“The last person you’re going to talk about being a tree-hugger is me,” Graziose said. “This is all about infrastructure. At the end of the day, you want to build something that’s going to last a long time.”
In East Rockaway, Beechwood said all residences will be almost 13 feet above the high-water mark from Sandy.
“The key is just to build higher,” said Steven Dubb, a principal with the company and son of its founder, Michael Dubb. “We want to make sure we can survive superstorm Sandy, or worse.”
In downtown Riverhead, the Community Development Corp. of Long Island and Conifer Realty are building 45 apartments that will be on the second floor or higher to protect them from floods, said Gwen O’Shea, chief executive of the Centereach development corporation. The electrical systems will be at least 2 feet above the height of a 100-year storm.
The same developers also are building 90 apartments in Copiague. At both complexes, builders are using materials designed to protect against floods and major storms, such as hurricane-resistant windows. Both complexes will rent to residents with low to moderate incomes.
“We have such a limited number of affordable housing options on Long Island that as we rehabilitate or develop new properties, doing so in a way that is resilient allows the investment to be that much more sustainable and long-term,” O’Shea said.
The Governor’s Office of Storm Recovery contributed $4.55 million to the cost of the Riverhead project and $8.75 million for the apartments in Copiague. Those awards were part of a $79.2 million program to replace affordable housing throughout the state in areas hit by Sandy and other storms, an agency spokeswoman said.
Protecting new residences from storms “makes good economic and business sense and thoughtful social policy,” Lisa Bova-Hiatt, executive director of the recovery office, said in a statement.
In Long Beach, new single-family homes also include protection from floods.
Added cost, added value
Making homes storm-resilient by building strong foundations, elevating living spaces over garages, and in some cases installing elevators, can easily cost an extra $100,000 for a single-family home, said Anthony Rector, a builder and lifelong Long Beach resident who has constructed six new homes there since Sandy. However, such measures can add roughly $250,000 to the value of a property, he said. Protecting homes from storms also reduces flood insurance costs.
Rector said he elevated his own bayfront home over a garage after Sandy flooded it with 5 feet of water. “My living space is never going to be hit again, unless of course there’s something out there that we can’t foresee or control,” he said. “I love living on the water, and this is just part of the protocol.”
The recent report by the Union of Concerned Scientists predicts that even under an optimistic scenario for rising sea levels, more than 10 percent of Long Beach could face routine floods — twice a month, on average — by the end of the century. If the ocean rises sharply, Long Island coastal communities from the Town of Hempstead to East Hampton would face routine inundation of one-tenth or more of their land, the group predicts.
Local climate scientists said large-scale studies, such as the one by the Union of Concerned Scientists, cannot account for characteristics of individual communities, such as flood-mitigation measures.
Nevertheless, those local experts said the recent study is based on solid scientific analysis. More detailed local data show that communities such as Long Beach and the Town of Hempstead “definitely have to be concerned about rising sea levels over the next 20 to 40 years,” said Larry Swanson, interim dean of the School of Marine and Atmospheric Sciences at Stony Brook University.
Sea levels continue to rise
Research by the National Oceanic and Atmospheric Administration shows that on Long Island, sea levels have risen by 0.8 to 1.3 feet over the last century, said Nelson Vaz, coastal services team leader for the National Weather Service. A team of 300 experts guided by a 60-member federal advisory committee has concluded that a further rise of 1 to 4 feet in global sea levels is expected by 2100, but the increase in New York could be even greater, Vaz said.
The gradual rise in sea levels will lead to more damaging storms, since floodwaters will reach farther inland, said Jay Tanski, a coastal geologist with the New York Sea Grant program. And that will force more Long Island communities to adapt by elevating roads and buildings above the reach of floodwaters, as Freeport and other municipalities have already begun to do, he said.
On Long Island, developers and public officials alike said the Island already faces more frequent flooding and more needs to be done to protect residents.
Rep. Lee Zeldin (R-Shirley) said he has worked with local governments seeking federal grants for storm mitigation and advocated for coastal and wetlands restoration projects that “will use the natural environment to reduce flooding, erosion and storm damage.”
In Long Beach, local officials have secured more than $200 million in state and federal funding to protect the city from flooding, said City Manager Jack Schnirman, a Democrat. City residents “are justifiably afraid,” Schnirman said.
Many builders say they are taking action to allay those fears.
“I’m not going to speak to global warming and things of that nature,” Graziose, 57, said. “[But] we’ve seen more storms in the last 25 years than we did when we were kids, so as a builder we’ve got to address them head on.”
By Maura McDermott maura.mcdermott@newsday.com @mauramcdermott
Maura McDermott covers residential real estate and other business news on Long Island.
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Home | Markets
Tags: GMs Akerson Fuel Economy Targets ‘Ambitious’
GM CEO Akerson: US Fuel Economy Targets ‘Ambitious’
Friday, 07 January 2011 03:36 PM
General Motors Co. Chief Executive Officer Dan Akerson said the government’s long-range goal of reaching a fuel-efficiency average of 62 miles per gallon by 2025 is “pretty ambitious.”
Federal regulators said an annual improvement of 6 percent a year may be possible in the 2017-to-2025 time period in a report last year.
“We have a stated goal of not fighting change but embracing it, and achieving it as best we can,” Akerson told reporters today after meeting with U.S. lawmakers in Washington. “The laws of physics are not going to be suspended.”
GM is rebuilding trust with U.S. car buyers through better- built cars like the Chevrolet Cruze and the plug-in electric Chevy Volt, Akerson said last month. The company is looking to ramp up Volt sales to 45,000 next year as consumers take advantage of a $7,500 federal tax credit.
The need for continuing tax credits to spur sales of electric vehicles and more vehicle-charging stations in cities were also discussed at today’s meeting, Akerson said. The talks included new House Energy and Commerce Committee Chairman Fred Upton, a Michigan Republican, and U.S. Senators Carl Levin and Debbie Stabenow, both Michigan Democrats.
Lawmakers will be examining how the $7,500 federal electric-vehicle tax credits are distributed, Levin told reporters after the meeting. The credits run out for after 200,000 customers for each manufacturer claim them, and it may be possible to lift that limit, he said.
“There’s a complex formula that we’ll all take a look at,” Levin said. “Some companies aren’t using them. Maybe it can shift some.”
GM, which reorganized under Chapter 11 of the U.S. bankruptcy code in 2009, restructured its business before a $23.1 billion initial public offering in November, eliminating jobs, closing plants, renegotiating labor agreements and decreasing the number of dealers in its U.S. network.
The U.S. government owns about one-third of the company, down from a majority stake before the IPO.
General Motors Co. Chief Executive Officer Dan Akerson said the government s long-range goal of reaching a fuel-efficiency average of 62 miles per gallon by 2025 is pretty ambitious. Federal regulators said an annual improvement of 6 percent a year may be possible in the...
GMs Akerson Fuel Economy Targets ‘Ambitious’
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Artificial Intelligence Algorithm Can Rapidly Detect Severity of Common Blinding Eye Disease
First-of-its-kind technology predicts risk of progression of age-related macular degeneration and helps preserve visio
12-May-2020 12:20 PM EDT, by Mount Sinai Health System contact patient services
Newswise — (New York, NY – May 12, 2020) – A new artificial intelligence (AI) algorithm developed by researchers at New York Eye and Ear Infirmary of Mount Sinai (NYEE) can rapidly and accurately detect age-related macular degeneration (AMD), a leading cause of vision loss in the United States.
In AMD the central area of the retina called the macula—the location of central vision—deteriorates, leading to blurry vision that can drastically worsen over time. The study, published in the April/May issue of Translational Vision Science and Technology, is the first to show that AI technology may help doctors to predict the risk of AMD progression and severity, which can prompt patients to get earlier medical treatment and save their eyesight.
“We are excited to have built a deep-learning form of AI that can be trained to match the performance of a human expert to accurately diagnose AMD grade and stage based on scanning retinal photographs, without using other information. This is an important step in identifying those at risk for late-stage AMD and may allow them to get quick referral to an eye specialist for timely, preventive treatment,” explains lead researcher R. Theodore Smith, MD, PhD, Professor of Ophthalmology at the Icahn School of Medicine at Mount Sinai. “This algorithm can easily be applied in the ophthalmology telemedicine landscape as the practice of medicine transforms under the impact of the COVID pandemic to embrace ‘medicine at a distance.’ For example, our large ambulatory facilities can strategically place teleophthalmology kiosks with inexpensive cameras that take these retinal images to screen underserved populations for AMD. The AI algorithm would instantly generate results, so patients get immediate diagnosis, and if they need additional care, they could have a same-day follow-up at a nearby ophthalmic center. This may become an important and cost-effective tool for high-risk or low-income groups who may not have direct or frequent access to eye screening, as early detection is critical to preventing AMD. This will not only aid in quick diagnosis, but help to close gaps in health disparities.”
Researchers at NYEE developed deep-learning AI screening and prediction models using data from the Age Related Eye Disease Study, a large study of AMD over 15 years sponsored by the National Institutes of Health. Patients between 55 and 80 years old were grouped into categories for normal, early, intermediate, and advanced or late AMD. For screening, the investigators took 116,875 color fundus photos (images that capture the interior surface of the eye) from 4,139 participants and trained the algorithm to classify them as “no,” “early,” “intermediate,” or “advanced” AMD along a 12-level severity scale to match the findings of human experts. Overall their algorithm achieved 98 percent accuracy when matching decisions of experts.
Mount Sinai researchers then took the severity scores and combined them with the patients’ sociodemographic clinical data (including age, gender, and medical history, such as cardiac illness or diabetes, diet, and tobacco use) and other imaging data in a second algorithm to predict AMD progression, specifically risk for progression to late AMD within one or two years. They trained and validated the predictive learning model on 923 participants who had AMD progression within two years, 901 patients who had progression within one year, and 2,840 patients who did not progress within two years. The AI model further refined the risk of progression to late AMD so that researchers were able to predict the exact type of progression of late AMD—either dry or wet. Dry AMD develops more slowly; layers of the macula become progressively thin and lose function. In wet AMD, which is more rapid, abnormal blood vessels form behind the retina and leak.
“The prediction program will produce a report that can help eye doctors counsel AMD patients on their risk for progression based on their retinal photographs and other lifestyle (diet and smoking) and demographic variables: age, gender, and medical history. The ophthalmologist can then recommend changes in modifiable factors in consultation with family and the primary care physician, and patients at high risk can be followed up with sooner,” explains Dr. Smith. “The proposed noninvasive technology thus proceeds in two steps: we first screen high volumes of patients in the community to find the at-risk patients with intermediate and advanced AMD for referral to an ophthalmologist, and second, we help the eye doctor manage these patients by predicting if they will develop late AMD in one to two years. This can allow screening to take place more efficiently and cost-effectively in primary care clinics, with detection of a much smaller at-risk group for referral to specialty care.”
New York Eye and Ear Infirmary of Mount Sinai has been testing the algorithm for detection and staging of AMD in its eye clinics and has seen favorable results. Researchers say once these systems are brought on line for widespread use with automated, inexpensive cameras at primary care facilities, patients will have access to quick, non-invasive screening for the blinding eye disease.
About the Mount Sinai Health System
The Mount Sinai Health System is New York City's largest academic medical system, encompassing eight hospitals, a leading medical school, and a vast network of ambulatory practices throughout the greater New York region. Mount Sinai is a national and international source of unrivaled education, translational research and discovery, and collaborative clinical leadership ensuring that we deliver the highest quality care—from prevention to treatment of the most serious and complex human diseases. The Health System includes more than 7,200 physicians and features a robust and continually expanding network of multispecialty services, including more than 400 ambulatory practice locations throughout the five boroughs of New York City, Westchester, and Long Island. The Mount Sinai Hospital is ranked No. 14 on U.S. News & World Report's "Honor Roll" of the Top 20 Best Hospitals in the country and the Icahn School of Medicine as one of the Top 20 Best Medical Schools in country. Mount Sinai Health System hospitals are consistently ranked regionally by specialty by U.S. News & World Report.
For more information, visit https://www.mountsinai.org or find Mount Sinai on Facebook, Twitter and YouTube.
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Home » Collection » Beatty, Alfred Chester, Sir
Beatty, Alfred Chester, Sir
Alfred Chester Beatty [1875-1968] was born in New York of Scotch, Irish and English ancestry. In 1898 he achieved a degree in engineering at Columbia and moved west to find his fortune. By the time he returned to New York in 1905, he was a millionaire; it was there he began his collecting. He also had a family by this time: his wife Grace and two children, Ninette and Chester, Jr. His first collecting loves were books, manuscripts and incunabula. In 1911, his wife died of typhoid and this event, coupled with his desire to move into financing, led him to move to London. In 1913 he remarried, to a fellow American, the former Edith Dunn [d. 1952]. In their home on Kensington Square Gardens in London he displayed their collections, which had expanded to include papyri and eastern manuscripts. Edith concentrated on her collection of Impressionist paintings.
During World War II, Beatty sent much of the contents of the London home back to America, while the library remained in Kent. After dedicating himself to the war effort, he became disillusioned with post-war England and decided to move to Ireland, which he did in 1950. There he was greeted with open arms and tax benefits. The Chester Beatty Library was constructed in Dublin to house his collection, which he continued to expand. The Library, owned by a public trust, is now one of Ireland's premier cultural institutions. Beatty was also an important benefactor of the National Gallery in Dublin.
Wilson, A.J. The Life and Times of Sir Alfred Chester Beatty. London, 1985.
Kennedy, Brian. "Sir Alfred Chester Beatty and the NGI." Irish Arts Review 4, no. 1 (1987):41-51
Horton, Charles. Alfred Chester Beatty: From Miner to Bibliophile. Dublin, 2003
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Digital 01-04-2015
Don’t Touch That Dial – Or That One – Or That One: The Changing Digital Landscape
We’re living in a world of 24/7 connectivity, accessing our content on our own terms, and we like it that way. Around the globe, 76% of respondents in a Nielsen online survey say they enjoy the freedom of being connected anywhere, anytime. While consumers love this flexibility, it represents a...
Middle East/Africa Consumers Remain Bullish In Q3
Consumer confidence in the Middle East/Africa region revved up in the third quarter, increasing in all five countries measured by Nielsen’s Global Survey of Consumer Confidence and Spending Intentions. With an index score of 112, the United Arab Emirates had the highest confidence in the region,...
Tapping the Full Potential of Mobile Advertising
There’s little doubt that mobile is here to stay, and its growing influence can be seen in pockets and purses around the globe. Smartphone penetration in the UAE, for example, stands at 78 percent, which is almost 10 percent higher than in the U.S. Despite the forward momentum, however, recent...
Multiplying Mobile: How Multicultural Consumers are Leading Smartphone Adoption
Smartphone ownership grew to 68 percent between November and January 2014, up 9 percent from the start of 2013. And among those who bought their mobile phone within the last three months, a whopping 84 percent chose smartphones for their new handsets. Multicultural consumers have led the growth in...
How Smartphones are Changing Consumers’ Daily Routines Around the Globe
Smartphones are beginning to transform how we engage in our everyday lives. Only a few years ago, they were still the minority of mobile phones around the globe, but already they’re beginning to transform how we engage in our everyday lives. Today, they have a much more dominant presence. Not...
Shopping Lists: How Mobile Helps Consumers Tick All The Boxes
Mobile shopping is gaining momentum among U.S. consumers, as more than four in five (87%) smartphone and tablet owners say they use these devices for shopping activities, up 8 percentage points from 2012. With smartphones already in almost two-thirds of American’s hands and tablets continuing to...
The U.S. Digital Consumer Report
The number of digital devices and platforms available to today’s consumers has exploded in recent years. As a result, today’s consumer is more connected than ever, with more access to and deeper engagement with content and brands. And these changes are contributing to the media revolution and...
What’s Empowering the New Digital Consumer?
Technology has changed a lot in the last 30 years—even the last three! Today’s consumer is more connected than ever, thanks to the proliferation of digital devices and platforms. Content once available only via specific channels, such as print and broadcast television, can today be delivered to...
There is No One-Size-Fits-All Strategy in e-Commerce
As futuristic as it may once have sounded, having drones fly through the sky and deliver packaged groceries and other items to consumers’ doorsteps isn’t too far off in the future. Amazon.com is already hard at work on making this a reality, investing heavily in this technology to make same-day...
Super Bowl XLVIII: Nielsen Twitter TV Ratings Post-Game Report
There’s nothing quite like watching the Super Bowl—or jumping into the conversation about it on Twitter. And this year’s big game had plenty of action—both on the field and across social media channels. According to Nielsen SocialGuide, Tweets in the U.S. about Sunday’s telecast of...
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N.J. lawmaker seeks chewing tobacco ban at ballparks
Updated Jan 16, 2019; Posted Apr 04, 2016
Mets vs. Royals 4.3.16
Gallery: Mets vs. Royals 4.3.16
By Jonathan D. Salant | NJ Advance Media for NJ.com
WASHINGTON -- Ballplayers with wads of chewing tobacco in their cheeks would be a thing of the past if U.S. Rep. Frank Pallone Jr. has his way.
Pallone (D-6th Dist.), the top Democrat on the House Energy and Commerce Committee, marked baseball's opening day by calling for a ban on smokeless tobacco in ballparks.
"Without a complete ban, smokeless tobacco will continue to receive free advertising from America's pastime and use of these products will continue to be seen as an acceptable part of the game by fans both young and old," Pallone said Monday.
In letters, Pallone urged both Major League Baseball Commissioner Robert Manfred Jr. and MLB Players Association Executive Director Tony Clark to ban smokeless tobacco on the field and in the dugout. His call followed such restrictions in New York, Boston, Chicago Los Angeles and San Francisco.
"Professional baseball players have long been seen both on the field and in the dugout chewing tobacco," Pallone said. "This public use amounts to free advertising for the tobacco industry and lends itself to public acceptance of the use of smokeless tobacco."
In a statement, Major League Baseball said: "As we have repeatedly and publicly acknowledged, MLB has long supported a ban of smokeless tobacco at the major league level, and we support the efforts of cities to ban the use of all tobacco products, including smokeless tobacco, in sports stadiums and arenas."
Greg Bouris, a spokesman for the players association, did not immediately respond to a request for comment.
The percentage of youth athletes using smokeless tobacco rose to 11.1 percent in 2013 from 10 percent in 2001, according to the Centers for Disease Control and Prevention. Among non-athletes, the use remained steady at 5.9 percent.
"Smokeless tobacco use historically has been associated with certain sports, such as baseball," the CDC said.
Smokeless tobacco causes oral, esophageal and pancreatic cancer and may also cause heart or gum disease, according to the National Cancer Institute at the National Institutes of Health.
Use of tobacco has been banned in the minor leagues since 1993.
Jonathan D. Salant may be reached at jsalant@njadvancemedia.com. Follow him on Twitter @JDSalant. Find NJ.com Politics on Facebook
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December 9, 2016 by Andrew Bosin
#Website #Agreements #Terms of #Use #Attorney
#Website #Agreements #Terms of #Use #Attorney Andrew S. Bosin represents startups, e-commerce, SaaS, Software & mobile app companies based out of New York City in New Jersey. Andrew is a leading website e-commerce online terms and conditions agreement drafting attorney lawyer with a nationwide law practice based out of New York City in New Jersey. Andrew can handle all of your app website terms & conditions, terms of use and privacy policy drafting legal needs.
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Are you looking for the best, top rated, leading experienced internet lawyer attorney who can create, draft and write the best online website terms and conditions for mobile application websites? Andrew specializes in helping app companies and internet and e-commerce businesses and websites by drafting website terms and conditions and terms of use in the United States, New York, New Jersey, Philadelphia, Boston, Connecticut, Delaware, Atlanta, Orlando, Tampa, St. Petersburg, Miami, Ft. Lauderdale, West Palm Beach, Florida, Dallas, Houston, Austin, San Antonio, Texas, Phoenix, Denver, Colorado, Seattle, Portland, San Diego, Orange County, Los Angeles, San Francisco, Silicon Valley, Kansas City, St. Louis, Ohio, Alaska, Idaho, Memphis, Nashville, Pittsburgh, Washington, DC and Charlotte.
Please call online terms and conditions agreements internet law attorney Andrew S. Bosin for a free initial legal consultation at 201-446-9643
www.njbusiness-attorney.com | andrewbosin@gmail.com
Internet Website Terms and Conditions Lawyer Andrew S. Bosin is located in New Jersey just outside of New York City and has a nationwide Law Firm serving clients in the United States, New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Islip, Oyster Bay, Rochester, Utica, New Rochelle, Tonawanda, White Plains, Binghamton, Saratoga Springs, Rockland County, Brooklyn, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, Staten Island, Allentown, Scranton, Lancaster, Harrisburg, State College, College Station, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Toledo, Akron, Dayton, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Newark, Delaware, College Park, MD, Cook County, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Madrid, EU, European Union, Spain, Austria, Vienna, Geneva.
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Virtual dreams, real politics
Richard Barbrook
"What are we fighting communism for? We are the most communist people in world history" - Marshall McLuhan, 1969
In 1961, at its twenty-second congress, the Communist Party of the Soviet Union formally adopted the goal of spreading the benefits of computerisation across the whole economy. Over the next two decades, the information technologies being developed within Russia's research laboratories were going to create a socialist paradise. Ever since the 1917 revolution, totalitarian Communists (with a big C) had drawn ideological sustenance from their self-proclaimed role as the vanguard of proletarian communism (with a small c). Under Stalin, the horrors of forced industrialisation were sold to the Russian population as premonitions of the promised land of socialism.
In the event, it was the successful completion of this task which posed a potentially fatal existential dilemma for the totalitarian system. Having successfully identified communism with the factory, the Communist Party was now making itself obsolete. According to its reformist faction, the vanguard had to move on to tackling the tasks of the next stage of its world-historical mission: building the "unified information network", with computers placed in every factory, office, shop and educational institution. In this Russian vision of the net, two-way feedback between producers and consumers would calculate the correct distribution of labour and resources which most efficiently satisfied all of the different needs of society.
Richard Barbrook is a senior lecturer in the school of social sciences, humanities and languages at the University of Westminster, London.
Among his writings are (with Andy Cameron) The Californian Ideology (1995) and The Class of the New (openMute, 2006).
His most recent book is Imaginary Futures: From Thinking Machines to the Global Village (Pluto Press, 2007); the book's website is here
Also by Richard Barbrook in openDemocracy: "The gift of the net" (4 September 2006)
"Imaginary futures: frozen and fluid time" (16 May 2007)
And about his work:
Rosemary Bechler, "The Class of the New" (24 July 2006)
Even better, this technological revolution also promised to democratise an undemocratic society. In his leader's speech at the twenty-second congress, Nikita Khrushchev assured his audience that - after decades of purges, wars, corruption and austerity - the promised land was within sight. By the 1980s at the latest, the inhabitants of the Russian empire would be enjoying all the wonders of cybernetic communism.
Across the Atlantic, the CIA had watched the rise to power of the post-industrial reformers in the east with growing concern. Embracing their opponents' analysis, its analysts warned the US government that the technological race to develop the net was becoming the key contest which would decide which superpower would lead humanity into the future.
In 1957, America had suffered a major setback in the propaganda struggle when its cold-war enemy succeeded in launching the first satellite into space. Determined to prevent any repetition of this humiliation, the US government had quickly set up the Advanced Research Projects Agency (Arpa). Next time, America was going to win the hi-tech race. Responding to the CIA's briefings, the Kennedy administration sent Arpa into battle against the cybernetic communist enemy. Bringing together the top scientists in the field, the agency coordinated and funded an ambitious programme of research into computer-mediated-communications. In 1969, overtaking the Russian opposition, its team created the appropriately-named first-ever iteration of the net: Arpanet.
From the outset, the US government was convinced that this contest was much more than a test of scientific virility. The two superpowers were competing not only to develop new technologies, but also, more importantly, to decide which side had the most advanced social system. In 1964, a multidisciplinary team of intellectuals led by Daniel Bell was given a large grant to invent the anti-communist vision of the non-communist future: The Commission on the Year 2000. Luckily, these experts were able to find exactly what they were looking for in Marshall McLuhan's bestselling book Understanding Media.
Just like Karl Marx, this prophet had also foreseen that the next stage of modernity would sweep away the most disagreeable manifestations of capitalism: national rivalries, industrial exploitation and social alienation. As in proletarian communism with a small c, peace, prosperity and harmony would reign in the global village. What made McLuhan so much more attractive than Marx was that the knowledge elite - not the proletariat - was the maker of history.
In 1966, three years before its first hosts were connected, the Bell commission persuaded itself that the arrival of the net utopia was imminent. Just as McLuhan had foreseen, the limitations of industrialism were about to be overcome by the wondrous technologies of the information society. Best of all, 1960s America was already entering into this post-capitalist future. JCR Licklider - the founder of Arpa's project to build the net - had long been arguing that the primary purpose of computer-mediated communications was facilitating the idiosyncratic working methods of the scientific community.
Instead of trading information with each other like the overwhelming majority of cultural producers, academics collaborate by sharing knowledge. Promotion and prestige depends upon contributing articles to journals, presenting papers at conferences and distributing findings for peer-review. Although deeply enmeshed with the state and corporate hierarchies of the United States, this communistic method of advancing knowledge had proved its worth in both the natural and social sciences. Thanks to the American taxpayer, Licklider now had the money to sponsor the emergence of a virtual social space emancipated from both the market and the factory. Inside this hi-tech gift economy, proprietary hardware and software were technical obstacles to the most efficient ways of working. The people who built the net were the ones who ran it. In a bizarre twist, at the height of the cold war, the US military was funding the invention of cybernetic communism.
The future that failed
The equally bizarre situation on the other side is that the Soviet elite lacked the self-confidence to sponsor even Arpa-style small-scale experiments in networked socialism. The reformists had offered a rejuvenation of the world-historic mission of the vanguard party. However, for their conservative opponents, the advantages of owning the imaginary future were by far outweighed by the threat which the net posed to their power and authority. When the Czechoslovak reformers' theoretical manifesto Civilisation at the Crossroads celebrated the unified information network as the demiurge of participatory democracy, the subversive image of this cybernetic technology was confirmed for these conservative bureaucrats. In 1968, the Russian government sent in its tanks to put an end to the Prague spring. The perpetuation of totalitarian Communism depended upon the prevention of cybernetic communism.
In the 1930s, Stalinist state planning had been at the cutting-edge of economic modernity. But, by holding on to its ideological monopoly, the Communist Party had deprived itself of the information which it needed to deliver the goods. In 1980, the Polish workers rebelled when they were once again called upon to pay for the mistakes of the economic planners. The disintegration of totalitarianism in one country started a chain-reaction of events which within a decade brought down the entire Russian empire. Communism with a big C was the future which had failed. In his 1992 neo-conservative bestseller The End of History and the Last Man, Francis Fukuyama proudly announced that the whole world had become American. With all alternatives now discredited, there was only one path to modernity.
In the mid-1960s, McLuhanism had been invented as a credo of the mildly reformist Democratic Party. Over the next four decades, its meaning had moved steadily rightwards. In 1983, Ithiel de Sola Pool - a Bell-commission member - codified this neo-liberal appropriation of McLuhanism in his masterpiece: Technologies of Freedom. From software to soap operas, all forms of information would soon be traded as commodities over the net. For the first time, everybody could be a media entrepreneur. By the end of the 1980s, this conservative remix had become the dominant form of American McLuhanism. George Gilder a Republican Party activist - proclaimed the computer companies of northern California as the harbingers of a free market paradise. Not only Stalinist central planning, but also Social Democratic welfare provision was a relic from the Fordist past. Looking at Silicon Valley, the neo-liberal prophets were convinced that the factory and the campus were synergising into a superior entity: the hi-tech entrepreneurial firm.
By the time that the 1990s dotcom boom took off, McLuhanist technological determinism had become an unapologetic celebration of "out of control" capitalism. In his New Rules for the New Economy, Kevin Kelly explained how technologies which were prototyped within the hi-tech gift economy could be successfully spun off into commercial products. Like the Stalinist elite, the music majors had found out to their cost that it was futile trying to resist the onrush of the McLuhanist future. In contrast, dotcom companies had shown how to transform user generated content and online communities into profitable enterprises. The phenomenal growth of MySpace, Bebo and YouTube demonstrates that successful businesses can be built upon Kelly's dictum of following the free. Clever managers know how to make cybernetic communism serve establishment goals.
Like their Stalinist predecessors, these 1990s proponents of McLuhanism saw themselves as the vanguard of the hi-tech utopia. As the early-adopters and beta-testers of the dotcom future, this privileged group was prefiguring today what the general public would be doing tomorrow. When everyone had access to the net, participatory democracy and cooperative creativity would be the order of the day. But, until this happy moment arrived, humanity required the guidance of the cybernetic elite to reach the promised land.
From convergence to freedom
But in the 2000s, the boosters of the information society - like the Stalinists before them - are unexpectedly faced with the problem of living within their own future. Confounding the McLuhanist credo, the advent of the net hasn't marked the birth of a new humanistic and equalitarian civilisation. For more than four decades, the knowledge elite has asserted its control over space through ownership of time. Now, in the early 21st century, the imaginary future of the information society is materialising in the present. What the McLuhanists have to explain is why utopia has been delayed.
When the users of the net are both consumers and producers of media, the vanguard has lost its ideological monopoly. Yet, at the same time, the arrival of the information society hasn't precipitated a wider social transformation. Cybernetic communism is quite compatible with dotcom capitalism. Contrary to the tenets of McLuhanism, the convergence of media, telecommunications and computing has not - and never will - liberate humanity. The net is a useful tool not a mechanical saviour. In the 2000s, ordinary people have taken control of sophisticated information technologies to improve their everyday lives and their social conditions. Freed from the preordained futures of McLuhanism, this emancipatory achievement can provide inspiration for new anticipations of the shape of things to come.
Cooperative creativity and participatory democracy need to be extended from the virtual world into all areas of life. Rather than disciplining the present, our futurist visions should be open-ended and flexible. We are the inventors of our own technologies. We can intervene in history to realise our own interests. Our utopias provide the direction for the path of human progress. Let's be hopeful and courageous when we imagine the better futures of libertarian social democracy.
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West Orange Times & Observer Tuesday, Oct. 11, 2016 4 years ago
Winter Garden honors four Health Central Park residents as centenarians
Four Health Central Park residents — ages 100, 101, 103 and 105 — were honored in September as Winter Garden centenarians.
by: Danielle Hendrix Associate Editor
WINTER GARDEN At the grand age of 105-and-one-half, Winter Garden resident Irene Johnston jokingly told her family what has brought her this far: Watching Lawrence Welk every Saturday night with a beer and pizza.
Johnston, along with three other women living at Health Central Park on North Dillard Street, were honored Sept. 22 on National Centenarian’s Day as official Winter Garden centenarians.
The day is meant to honor those who are 100 years of age or older and originally was proclaimed as a time to listen to centenarians’ wealth of knowledge and life experience.
According to the U.S. Census Bureau, in 2010 there were 53,364 Americans who reached age 100 or older — a 65.8% spike from the 32,194 centenarians in 1980. Additionally, it is mostly women who live to age 100. Census data shows that in 2010, 82.8% of centenarians were female.
The average age of the population is growing at an unprecedented rate, as scientific and medical advances enable people to live well into their 80s or 90s.
HONORING LONG, HEALTHY LIVES
At Health Central Park on National Centenarian’s Day, four residents were honored in a special ceremony at the facility by friends, family, staff and Winter Garden Mayor John Rees. Each woman honored had a table set up with her own individual cake — some filled with chocolate and some with pineapple, depending on their preferences.
The four centenarians range in age from 100 to 105 years old. Amanda Jones turned 100 this year; Serafina Sisto is 101; Helen Mills is 103; and Irene Johnston is 105-and-one-half.
Rees helped open the celebration with a series of proclamations, the first declaring the month of September as Healthy Aging Month in Winter Garden.
“Whereas I, John Rees, Mayor of the City of Winter Garden, do hereby proclaim the month of September as Healthy Aging Month in the City of Winter Garden and encourage all of our citizens as we observe this month as an opportunity to take a step — be it small or great — toward improving their own health habits so they can maintain their own independence and keep control of their own lives for as long as humanly possible,” the proclamation read.
Rees then honored each woman with a reading of her own, personalized centenarian proclamation. Each of these detailed the resident’s hometown, family life, favorite colors, foods, flowers and more as they were officially declared Winter Garden centenarians.
“I guess we’ve got to ask each of these what they did during their lives to do this,” Rees said, chuckling. “I just want to tell them all happy birthday, and it is fantastic that we have them here and looking good and doing well.”
One of Irene Johnston’s favorite drinks was evident as it was placed on her table before they cut her cake: champagne.
Johnston, who turned 105 in January, is originally from Chicago. When she reached 100, she moved to an assisted-living facility in Tavares until she fell one day at the age of 103. Since then, her daughter Paula Lienard — a Clermont resident — moved her to HCP to be closer to her.
“I feared the Lord, trusted in the Lord, since I was 12 years old. I was raised hard, I had a hard life. I always treated people right, and I never drank, smoked, chewed dip, none of that. I don’t have a recipe.” - Amanda Jones, 100
As an added quality of independence, Johnston was delivering Meals on Wheels until she was 100. Lienard had participated in the organization for many years, and she would drive while her mother delivered the meals.
“She lived by herself, did all of her cooking and cleaning until she was 100,” Lienard said. “When she turned 100, she said, ‘I’m tired of this cooking.’ That’s when she went into assisted living, and she lived there until she was 103 and fell.”
Fellow centenarian Amanda Jones, 100, grew up in Georgia, where she lived a tough life and helped her mother working in the fields. She always spent time with the older women in her life, who instilled their wisdom in her and taught her life skills such as cooking and sewing.
One of the most important life lessons she notes is simple: Treat everyone the way you want to be treated.
“If you treat people like you wish to be treated, and they don’t treat you right, you say, ‘Lord help them,’ and go home,” Jones said. “Don’t let that one person stop you from being good.”
But as her for secret to living to be 100, Jones said she doesn’t have one. She eats anything she wants, and even though people around her growing up drank a lot, she never did. Drinking always made her sick.
“I feared the Lord, trusted in the Lord, since I was 12 years old,” she said. “I was raised hard, I had a hard life. I always treated people right, and I never drank, smoked, chewed dip, none of that. I don’t have a recipe.”
But even though she doesn’t have a so-called secret, her faith is something that has always kept her going through rough times.
“I’ve had some good days, and I’ve had some bad days, but thank God for the good days,” Jones said. “He brought me this far, and I never would have thought I would live this long. All of my sisters and brothers, aunts and uncles, they’re gone. This is all God.”
Contact Danielle Hendrix at [email protected].
Zika virus: What you need to know
Health Central Park resident, 90, racks up more than 3,000 volunteer hours
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Selling energy
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Scott Perkins
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Scott Perkins joined the Board in September 2015 and was appointed Chairman in October 2020. He is a member of the Audit, Remuneration and People, Health, Safety and Environment, Risk and Nomination committees.
Scott has extensive Australian and international experience as a leading corporate adviser. He was formerly Head of Corporate Finance for Deutsche Bank Australia and New Zealand and a member of the Executive Committee with overall responsibility for the Bank’s activities in this region. Prior to that he was Chief Executive Officer of Deutsche Bank New Zealand and Deputy CEO of Bankers Trust New Zealand.
Scott is a Non-executive Director of Woolworths Limited (since September 2014) and Brambles Limited (since May 2015). He is Chairman of Sweet Louise (since 2005) and the New Zealand Initiative (since 2012). Scott was previously a Director of the Museum of Contemporary Art in Sydney (2011 - 2020) and a Non-executive Director of Meridian Energy (1999 - 2002).
Scott has a longstanding commitment to breast cancer causes, the visual arts and public policy development.
Scott holds a Bachelor of Commerce and a Bachelor of Laws (Hons) from Auckland University.
Frank Calabria
Managing Director and Chief Executive Officer
Frank Calabria was appointed Managing Director & Chief Executive Officer in October 2016. Frank is a member of the Health, Safety and Environment Committee and a Director of the Origin Energy Foundation.
Frank first joined Origin as Chief Financial Officer in November 2001 and was appointed Chief Executive Officer, Energy Markets in March 2009. In that latter role, Frank was responsible for the integrated business within Australia including retailing and trading of natural gas, electricity and LPG, power generation and solar and energy services.
Frank is a Director of the Australian Energy Council and the Australian Petroleum Production & Exploration Association. He is a former Chairman of the Australian Energy Council and former Director of the Australian Energy Market Operator.
Frank has a Bachelor of Economics from Macquarie University and a Master of Business Administration (Executive) from the Australian Graduate School of Management. Frank is also a Fellow of the Chartered Accountants Australia and New Zealand and a Fellow of the Financial Services Institute of Australasia.
John Akehurst
John Akehurst joined the Board in April 2009. He is Chairman of the Health, Safety and Environment Committee and a member of the Nomination and Risk committees.
John’s executive career was in the upstream oil and gas and LNG industries, initially with Royal Dutch Shell and then as Chief Executive Officer of Woodside Petroleum Limited.
John is a Director of Human Nature Adventure Therapy Ltd (since February 2018).
John was previously Chairman of the National Centre for Asbestos Related Diseases (2009 - April 2020), the Fortitude Foundation (2007 - April 2020), Transform Exploration Pty Ltd (February 2012 – December 2017), Alinta Limited (January 2007 - September 2007) and Coogee Resources Ltd (2008 - 2009) and a former Board member of the Reserve Bank of Australia (September 2007 – September 2017), Director of CSL Limited (April 2004 - October 2016), Oil Search Limited (1998-2003), Securency Ltd (2008 - 2012), Murdoch Film Studios Pty Ltd and the University of Western Australia Business School.
John holds a Masters in Engineering Science from Oxford University and is a Fellow of the Institution of Mechanical Engineers.
Maxine Brenner
Maxine Brenner joined the Board in November 2013. She is Chairman of the Risk Committee and a member of the Audit, Remuneration and People and Nomination committees.
Maxine was previously a Managing Director of Investment Banking at Investec Bank (Australia) Ltd. Prior to Investec, Maxine was a Lecturer in Law at the University of NSW and a lawyer at Freehills, specialising in corporate law.
Maxine is a non-executive Director and Chairman of the Remuneration Committee of Orica Ltd (since April 2013) non-executive Director of Qantas Airways Ltd (since August 2013) and Woolworths Group Limited (since 1 December 2020). She is also a member of the University of NSW Council.
Maxine’s former directorships include Growthpoint Properties Australia, Treasury Corporation of NSW, Bulmer Australia Ltd, Neverfail Springwater Ltd and Federal Airports Corporation, where she was Deputy Chair. In addition, Maxine has served as a Council Member of the State Library of NSW and as a member of the Takeovers Panel.
Maxine holds a Bachelor of Arts and a Bachelor of Laws.
Greg Lalicker
Greg Lalicker joined the Board in March 2019. He is a member of the Remuneration and People Committee.
Greg is the Chief Executive Officer of Hilcorp Energy Company, based in Houston, USA. Hilcorp is the largest privately held independent oil and gas exploration and production company in the United States.
Greg joined Hilcorp’s leadership team in 2006 as Executive Vice President where he was responsible for all exploration and production activities. He was appointed President in 2011 and Chief Executive Officer in 2018. Prior to working for Hilcorp, Greg was with BHP Petroleum based in Midland, Houston, London and Melbourne as well as McKinsey & Company where he worked in its Houston, Abu Dhabi and London offices.
Greg graduated as a petroleum engineer from the University of Tulsa. He also has a Master of Business Administration and a law degree.
Mick McCormack
Mick McCormack joined the Board in December 2020. He is a member of the Health, Safety and Environment Committee and the Remuneration and People Committee.
Mr McCormack is Chairman of Central Petroleum Limited and Non-executive Director of Austal Limited. He is also Chairman of the Australian Brandenburg Orchestra Foundation and a director of the Clontarf Foundation.
Mr McCormack was previously Managing Director and CEO of APA Group (2004-2019) and has more than 36 years of experience in the energy and infrastructure sectors, including gas-fired and renewable energy power generation, gas processing, LNG and underground storage. Prior to joining APA in 2000, Mr McCormack held various senior management roles with AGL Energy.
Mr McCormack holds a Masters of Business Administration from the University of Queensland, a Graduate Diploma of Engineering from Monash University, and a Bachelor of Applied Science from the University of Queensland.
Bruce Morgan joined the Board in November 2012. He is Chairman of the Audit Committee and a member of the Health, Safety and Environment, Nomination and Risk committees.
Bruce is Chairman of Sydney Water Corporation (since October 2013), a Director of Caltex Australia Ltd (since June 2013), a Director of Redkite, the University of NSW Foundation and Deputy Chair of the European Australian Business Council.
Bruce served as Chairman of the Board of PricewaterhouseCoopers (PwC) Australia between 2005 and 2012. In 2009, he was elected as a member of the PwC International Board, serving a four-year term. He was previously Managing Partner of PwC’s Sydney and Brisbane offices. An audit partner of the firm for over 25 years, he was focused on the financial services and energy and mining sectors leading some of the firm’s most significant clients in Australia and internationally.
Bruce has a Bachelor of Commerce (Accounting and Finance) from the University of NSW and is an adjunct Professor of the University. Bruce is a Fellow of the Chartered Accountants Australia and New Zealand and of the Australian Institute of Company Directors.
Steven Sargent
Steven Sargent joined the Board in May 2015. He is Chairman of the Origin Energy Foundation, Chairman of the Remuneration and People committe and a member of the Health, Safety and Environment, Risk and Nomination committees.
Steven’s executive career included 22 years at General Electric, where he led businesses across the USA, Europe and Asia Pacific. Steven was President and CEO of GE Mining, GE’s global mining technology and services business. Prior to this he was President and CEO of GE Australia, NZ & PNG where he had local responsibility for GE's Energy, Oil and Gas, Aviation, Healthcare and Financial Services businesses.
Steven is Chairman of OFX Group Ltd (since November 2016) and Deputy Chairman of Nanosonics Ltd (since July 2016). Over recent years Steven has been a Non-executive Director of Veda Group Ltd (2015 - 2016).
Steven holds a Bachelor of Business from Charles Sturt University and is a Fellow with the Australian Institute of Company Directors and a Fellow with the Australian Academy of Technological Sciences and Engineering.
Joan Withers
Joan Withers joined the Board in October 2020. She is a member of the Audit and Risk Committees.
Joan has spent over 25 years working in the media industry holding CEO positions at both Fairfax NZ Ltd and The Radio Network and she also has significant corporate governance experience.
She is currently Chair of The Warehouse Group Ltd, director of ANZ NZ and Sky Network TV Ltd. She has previously held Chair positions at Auckland International Airport, Mercury NZ Ltd and TVNZ. She has also held directorships on the boards of some of New Zealand’s largest companies including Meridian Energy Ltd and Tourism Holdings Ltd. Prior to her appointment as CEO of Fairfax NZ Ltd, Joan was a director on the Australian board of John Fairfax Holdings Ltd.
Joan holds a Masters Degree in Business Administration from The University of Auckland.
Everyone at Origin is required to act in accordance with the highest standards of personal safety and environmental performance, governance and business conduct.
About our governance
Finding, generating, and buying the energy Australians need every year takes a lot of talented people. We’re very proud of our people; experts in their field from geologists to customer service consultants.
We rely on a dedicated team to lead our people all over the country; ensuring our energy exploration and generation activities run smoothly and safely so that we can service our 4.2 million customer accounts.
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USDA to extend opening of FSA offices during shutdown
Jan 22, 2019 at 1:47 PM Jan 22, 2019 at 3:15 PM
All Farm Service Agency (FSA) offices nationwide will reopen Thursday, Jan. 24, to provide additional administrative services to farmers and ranchers during the government shutdown, U.S. Secretary of Agriculture Sonny Perdue announced Jan. 22.
Certain FSA offices provided limited services for existing loans and tax documents Jan. 17-23. Beginning Thursday, all FSA offices will open and offer a longer list of transactions, according to the news release.
Perdue also announced that the deadline to apply for the Market Facilitation Program, which aids farmers harmed by unjustified retaliatory tariffs, has been extended to Feb. 14. The original deadline was Jan. 15. Other program deadlines may be modified and will be announced as they are addressed, according to the release.
“At President Trump’s direction, we have been working to alleviate the effects of the lapse in federal funding as best we can, and we are happy to announce the reopening of FSA offices for certain services,” Perdue said. “The FSA provides vital support for farmers and ranchers and they count on those services being available. We want to offer as much assistance as possible until the partial government shutdown is resolved.”
The U.S. Department of Agriculture has temporarily recalled all of the more than 9,700 FSA employees to keep offices open from 8 am to 4:30 p.m. weekdays beginning Jan. 24. President Trump has already signed legislation that guarantees employees will receive all backpay missed during the lapse in funding.
For the first two full weeks under this operating plan (Jan. 28 through Feb. 1 and Feb. 4 through Feb. 8), FSA offices will be open Mondays through Fridays. In subsequent weeks, offices will be open Tuesdays, Wednesdays and Thursdays, if needed to provide the additional administrative services.
Agricultural producers who have business with the agency can contact their FSA service center to make an appointment.
Updates to available services and offices will be made on the FSA shutdown webpage (https://www.fsa.usda.gov/help/shutdowninfo). Programs managed by FSA that were re-authorized by the 2018 farm bill will be available at a later date.
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These new super fast Intel SSDs provide a bridge to Optane
Intel's SSDs for data centers are among the company's fastest
By Agam Shah
U.S. Correspondent, IDG News Service |
If you can’t afford Intel’s super fast Optane SSDs but need a massive speed boost, the company’s latest DC P4600 and DC P4500 SSDs may fill the need.
The new SSDs are based on conventional 3D NAND and targeted at data centers. The SSDs will be used in servers or storage arrays to serve up quick video streams, voice-assistant AI responses, and even pull out information from databases.
These SSDs are a reliable upgrade for those who don’t want to mess with Optane, which is based on brand-new memory technology. According to Intel’s rough estimate, the P4500 and P4600 drives provide two times faster read and write performance compared to predecessors, the DC P3520 and P3600 drives.
The NVMe drives are not compatible with the common SATA interface.
The P4600 will come in capacities of 1.6TB ($1,384) and 3.2TB ($2,589) for the U.2 form factor and 2TB ($1,619) and 4TB ($3,239) for the AIC form factor. The drive has random read speeds of 702,500 IOPS (input/output operations per second) and write speeds of 257,000 IOPs in 4K blocks. The drive has sequential read speeds of 3300MBps (megabytes per second) and write speeds of 2100MBps.
The P4500 will come in capacities of 1TB ($624), 2TB ($1,159), and 4TB ($2,314). Its random read speed is 710,000 IOPS and its write speed is 68,000 IOPS, which is significantly less than the P4600. The sequential read speed is 3290 MBps, and write speed is 1890MBps.
These SSDs are more affordable than Optane, said Jonmichael Hands, product marketing manager at the company.
The drives will be available worldwide.
Intel has made tweaks that specialize the SSDs for data centers. The drivers and controllers have been improved, which boosts the speed and reliability, Hands said.
The P4500 and P4600 are targeted at cloud computing but can be used for other applications. too. All-flash storage arrays can run a wide variety of applications. The main job for the SSDs is to serve as cache, or temporary storage, while applications are executed.
The drives also have error correction and tools that ensure high performance and reliability. These SSDs are closely designed to work with Intel’s x86 chips, particularly the upcoming Skylake server chip, which will be launched mid-year
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High Flying Acts: Drones Help Complete Repairs Over Schuylkill River Following Derecho
If you thought you saw several drones mysteriously buzzing across the Schuylkill River in early June, your eyes were not deceiving you. The drones were part of a complex and innovative project to reinstall several spans of electric lines that were brought down during the early June derecho, which ravaged southeastern Pennsylvania with short bursts of intense rain and high winds gusting up to 80 miles per hour. The severe storm brought down trees and tree limbs; damaged utility poles and electric equipment; and caused power outages for more than 550,000 customers across the region.
While assessing damage from the storm using a drone, a PECO crew discovered a tree that had taken down three 700-foot spans of wire that cross the river. By using drones to assess the damage, crews were able to quickly identify issues across the region from the air rather than patrolling the area from the ground, which helped speed up restoration times for customers.
Teams from across the company then developed and weighed several options to rehang the electric lines across the river, which was made more challenging given the body of water below. Options considered included the use of a boat or a helicopter, but each presented its own unique set of challenges.
The team determined the best option would be to have a drone fly the lines across the river between two team members in bucket trucks, who would then secure the lines to existing utility poles. This process was implemented previously by PECO teams who were deployed to Puerto Rico as part of power restoration efforts following Hurricane Maria.
After conducting a test in an open field to ensure the process would work, they took the show on the road. The team stayed in constant communication with each other to spot the drone and overcome any additional obstacles during the flight. As the drone reached each crew, they would disconnect the line from the drone and attach it to the pole until the process was complete.
“The biggest challenge and key to our success was communication and having the whole team on the same page,” said Jason Smith, PECO supervisor, Transmission, who piloted the drone during the project. “Being able to witness the test brought everyone together to get a feel for the operation and provide input. This was a great example of several teams from across PECO and contractors coming together and using new technology.”
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Thomas Kuijpers – Hoarder Order
Fw: Books
The work of Thomas Kuijpers always emerges from a current event, or series of current events, which he uses to investigate how the stories told about these events influence our daily lives. To do this, he collects all kinds of material: newspapers, posters, fragments of conversations, YouTube videos, and Twitter comments. From this act of collecting, new connections appear, as well as insights into how narratives about specific subjects are shaped. From this foundation of interconnected subjects and things arises work where the source material is often still visible. Like a sprawling index, Hoarder Order is the result of 20 years of creating and (re-)ordering this collection.
560 pages, 12 x 19 cm, hardcover, Fw: Books (Amsterdam).
Back to Photography
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Search Everything DFO Perth
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Budget Deal a Chance for a Fresh Start on Protecting America’s Outdoor Heritage
Miles Grant
President Obama used his weekly radio address Saturday to urge Congress to reauthorize the Land and Water Conservation Fund. Primarily funded by fees on offshore oil and gas drilling, LWCF has protected millions of acres by providing funds and matching grants to federal, state and local governments to acquire land and water. Congress allowed the authorization for the 50-year-old LWCF to expire September 30.
Collin O’Mara, president and chief executive officer of the National Wildlife Federation, said in response:
"It's past time for Congress to reauthorize the Land and Water Conservation Fund, a program which for half a century has protected America's great outdoor spaces for the benefit of all outdoor enthusiasts and strengthened local economies. It's time for leaders of both sides to come together to renew this program's sacred covenant to enrich America's outdoor heritage for current and future generations."
Listen to the weekly address
Protecting our Planet for Future GenerationsCongressional and White House negotiators have announced a bipartisan budget deal that would fund the government, raise the debt ceiling, and lift sequester caps on spending.
Collin O’Mara, president and chief executive officer of the National Wildlife Federation, said today:
“This landmark, bipartisan deal opens the door to restore urgently-needed investments in programs to protect America’s wildlife, public lands, clean air and water, and public health. As we mark the birth of President Teddy Roosevelt 157 years ago today, I hope this agreement marks a new day for conservation. We at the National Wildlife Federation urge our leaders to continue to set aside partisanship to protect our outdoor heritage for Americans and for future generations.”
A report by the National Wildlife Federation detailed how conservation programs had already suffered a disproportionate amount of budget cuts even before the sequester cuts took effect.
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Josh Rosen vs. Sam Darnold: Giants, Jets scouts will be on hand for the UCLA-USC QB matchup
By Sam Farmer
Los Angeles Times |
Scouts representing 20 NFL teams will line the second row of the Coliseum press box for the UCLA-USC game Saturday. And representatives from the Giants and Jets will be among them.
They'll have their laptops open, colored pens at the ready, and binoculars held to their faces. They won't be watching like typical spectators; these scouts are focused on nuance, gathering information on body language, how the players interact with their teammates, and how they act if their team falls behind.
"We aren't going to be writing down, 'Five-yard gain,'" one explained this week. "We want to see what we can't see on the film."
This year, that means zeroing in on the quarterbacks, who are squarely center stage. Both UCLA's Josh Rosen and USC's Sam Darnold are likely top 10 draft picks and quarterbacks that both the Giants and Jets just might make their franchise QBs of the future.
Only once in the past 50 years have quarterbacks from UCLA and USC been selected in the same draft — in 1989, the Bruins' Troy Aikman was taken No. 1 overall by Dallas, and the Trojans' Rodney Peete went in the sixth to Detroit.
Typically, NFL scouts are extremely secretive about their observations and evaluations. It's a highly competitive business, so that information is guarded closely. However, as has been the case for more than a decade, three team evaluators — identified as scouts 1, 2 and 3 — agreed to anonymously share their opinions on the potentially NFL-bound players in this annual crosstown showdown.
The overwhelming interest is in the quarterbacks, who differ greatly in their skills and personalities.
"It's not as strong a quarterback class as people thought at first," Scout 1 said. "But when you look at the Chargers, Pittsburgh, Arizona — and those aren't even the obvious ones — there are probably 10 teams that are going to need a quarterback. It's going to be crazy. Guys are going to get over-drafted like they do every year. This year is going to be a seller's market."
Each player has his distinct selling points. Rosen, a junior, has rare polish and accuracy as a passer. The way some evaluators put it, he makes Sunday throws on Saturday. He's smart, talented, and — in the eyes of many scouts — has a bloated ego to boot.
Josh Rosen and USC’s Sam Darnold are likely top 10 draft picks.
"He's got a cocky swagger to him, like, 'Hey, I can make this throw,'" Scout 2 said. "And that's what gets him in trouble. That's why he's going to be intriguing after the season. You want to sit down and get to know him, because people don't know him.
"Is he just an immature 20-year-old kid who's going to be different when he's 25, 26, 27 and getting into his prime? You'll have him for five years if you draft him in the first round, and then maybe he hits his prime in his second contract."
The game video that scouts watch shows the plays in quick succession, going back and forth from the sideline and end-zone views. The extraneous footage is removed. That's one reason being at the actual game is so valuable for these evaluators.
"First, when you're gauging arm strength, you can't tell on tape all the time," Scout 2 said. "It's nice to see someone's arm live in pregame and during games. You want to see how they carry themselves on the field. Do they have a confidence about them, a poise on the field? How do they interact with their teammates on the sideline? What's the communication like at the line of scrimmage? The stuff you can't see on tape.
"The body language on Josh Rosen, he may not know that, but that's what scouts are looking for. The way he acts on the sideline. The way he carries himself. If they fall behind, is he over there working with his teammates trying to keep them in the game, or is he going over to sit on the bench by himself?"
The third scout said this is a unique opportunity for the people in his line of work.
"How many franchise quarterbacks are there — 10, 12?" Scout 3 said. "You're looking at two guys on the same field, on the same Saturday, that a lot of people will believe will be in that group, in that top 12. If you have one of them, you're like, `Hey, we've got a chance every week.' If you don't have one, you're looking.
"This is a special, exciting situation. It's got some buzz in the scouting community, for sure."
Sam Darnold.
For the most part, evaluators are far more enamored of Darnold's attitude and leadership. They love that about him. But they're quick to acknowledge he doesn't have Rosen's arm talent.
"(Darnold has) got good enough talent but a winding release," Scout 1 said. "He's not real comfortable in the pocket all the time. He's most dangerous making off-schedule throws, on the move. He's unique in his ability to create and find open receivers on the move. You do question his ability to sit in the pocket and work through the progressions patiently. He's so hoppy and jumpy in the pocket."
Although Darnold has 15 touchdowns and three interceptions in the past six games, he struggled early this season with the football winding up in the hands of defenders.
"You question his field vision," Scout 1 said. "He'll lock on receivers. He's not protecting the ball the way he was last year. Too many negative plays."
Scout 2 said Darnold, a redshirt sophomore, "has a decision to make," and should carefully weigh the pros and cons of leaving early for the 2018 draft, even though he figures to make millions.
"He'll go in the first round almost certainly," Scout 2 said. "But I'm not so sure he isn't better off staying in school for another year. The holes that he has in his game are decision-making, and that's something he can improve on with live game reps.
"Practice speed is one thing — it's intense, we're going — but it's different in a game. You're under pressure. You're thinking, managing line calls. There's chaos everywhere, and you've got to keep your level head and make quick decisions. He's not going to get that as a backup. We don't have NFL Europe anymore, so USC is about as good a place as you can get it."
And both the Jets and Giants will be looking to see that he does.
©2017 Los Angeles Times / Distributed by Tribune Content Agency, LLC.
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PROVIDING INFO TO TERROR VICTIMS OVERSEAS
National Security Division Announces Launch of Enhanced Website to Assist Victims of Overseas Terrorism
The Justice Department’s Office of Justice for Victims of Overseas Terrorism (DOJ/OVT), which helps U.S. citizen victims and their families harmed in terrorist attacks abroad, launched its enhanced website. The enhanced website makes it easier than ever for victims and their families to access DOJ/OVT’s resources. The announcement was made by Acting Assistant Attorney General for National Security Dana J. Boente and DOJ/OVT Director Heather Cartwright.
“The Office of Justice for Victims of Overseas Terrorism serves as an advocate for our citizens impacted by overseas terrorism as they navigate foreign criminal justice systems in pursuit of accountability,” said Acting Assistant Attorney General Boente. “OVT’s enhanced website will make it easier to connect Americans with crucial services and information in the aftermath of an overseas terrorist attack. We remain committed to providing these critical resources to American victims of overseas terrorism and their families.”
According to DOJ/OVT Director Heather Cartwright, “providing information to U.S. citizen victims of overseas terrorist attacks and their loved ones is a critical part of our office’s mission. Public outreach through our website is one important way of making information accessible to victims. We enhanced our website with a focus on the needs of victims and their families, and it highlights the help that we and our U.S. government partners provide to support U.S. victims of overseas terrorism. We hope this redesigned website is informative and helpful to victims, survivors and all those who are interested in the work of this office.”
In this era of global terrorist attacks affecting Americans, the enhanced website focuses on helping victims at different stages in the attack aftermath learn about available resources, whether they live at home in the U.S. or abroad. The redesigned website includes:
Emergency contacts for the immediate crisis as well as resources for the longer term, especially during foreign criminal justice proceedings, which can now be quickly accessed to gain clarity during what can be a confusing and overwhelming experience;
Web referrals so that users can explore and connect with the DOJ/OVT’s partner agencies to seek other assistance available from the U.S. government;
An online “toolbox” that provides more in-depth descriptions of DOJ/OVT services, legal definitions, victims’ rights, general information about terrorism abroad and common victim questions. These features afford victims and their families a simplified starting point when they are seeking answers to difficult questions;
A newly-designed interactive map that contains information about DOJ/OVT’s efforts worldwide; and,
Press releases highlighting major developments in the criminal justice response to overseas terrorist attacks with U.S. victims will continue to be posted to the website.
DOJ/OVT was established on May 6, 2005, by then-Attorney General Alberto Gonzales and is now part of the Justice Department’s National Security Division, which was created in 2006. DOJ/OVT’s primary responsibility to Americans who are victims of overseas terrorism is to help navigate foreign criminal justice systems. DOJ/OVT advocates for U.S. victims and their families to obtain information, be present during foreign terrorism prosecutions, and have a voice during the proceedings, as permitted by foreign law. DOJ/OVT further advocates for overseas terrorism victims’ voices to be heard throughout the world.
For more information on the important work done by DOJ/OVT every day, please visit www.justice.gov/nsd-ovt. If you are a U.S. citizen victim of international terrorism or a victim’s family member and you seek information on foreign criminal justice proceedings, DOJ/OVT can assist you. Please contact DOJ/OVT at nsd.ovt@usdoj.gov (link sends e-mail).
Statutory Interpretation
Assault, generally
Battery, generally
Penal Law, generally
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Motivated young farmer keen to get people into the dairy sector
Josh Cochrane, of Ryal Bush, is enthusiastic about dairying, cows and being as good a boss as possible. Photo / Supplied
By: Yvonne O'Hara
Josh Cochrane is passionate about cows and enthusiastic about working in the dairy sector.
At 22, Mr Cochrane has wanted to be a dairy farmer for as long as he can remember.
He is in his first season as a 2IC for contract milkers Ben Franklin and Chelsea Saywell, on Roddy MacInnes' 140ha property at Ryal Bush, milking 520 cows.
However, next season he moves to a 600-cow property in Oamaru as a contract milker.
He entered this year's Southland/Otago Dairy Trainee of the Year competition and placed third.
His family were on a dairy farm near Rotorua and moved to Southland in 2007, when he was 10.
"I grew up dairy farming and I have always had a passion for the cows. Cows are some of the most amazing animals, and each cow has a personality.
"You get to work with them, and see their habits and characteristics, and that is such a huge part of the job.
"There is something special about waking up early, no matter what the weather, then getting the cows in and doing early morning milking," Cochrane said.
He had always helped out on the family farm and then went to Lincoln University for three years for a BCom(Ag).
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"I graduated in May and went travelling overseas for three months before starting this job."
However, while he was away he realised how much he missed being on a farm.
"I want to be able to be someone who can carry the industry forward into the future."
He was looking forward to taking on his new role, which included employing staff, providing two farm bikes, and paying a share of the shed expenses as well as getting paid a percentage of the milk solids on a per kilogram basis.
''It is a bit nerve-racking and exciting at the same time. I decided to go in the deep end and see how it goes. 'I feel a bit young to be employing staff. I want to be a good boss who leads by example, hopefully."
"It is a really good opportunity and the farm owners are really supportive."
One of his employees would be an 18-year-old with little farming experience.
"But he is keen to learn and that is half the battle. Hopefully he will tell his mates and word gets out and other young ones want to give it [dairying] a go."
Contract milking was a lower risk way to get into farm ownership.
"That is the reason why I am going contract milking as if I don't start now it is only going to get harder to reach my ultimate goal. That is always on my mind, the driving force."
He urged people who had lost their jobs in other sectors to consider entering the dairy industry.
"Give it a chance. The opportunities are pretty endless. You have got to accept you have to get up early and sometimes do long hours, but it is a pretty rewarding job," he said.
"Many employers are supportive and want to see their staff progress and do well. Have an open mind, see how it goes and if you enjoy it, go for it."
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Home / Arbitration / Arbitration Rules / EIA120 Expedited Rules
EIA120 ARBITRATION RULES
SECTION I: INTRODUCTORY RULES
3.0 PURPOSE OF THESE RULES
4.0 CALCULATION OF PERIODS OF TIME FOR THE PURPOSES OF THE ARBITRATION
5.0 INITIATING ARBITRATION
SECTION II: FORMATION OF THE ARBITRAL TRIBUNAL
6.0 COMPOSITION AND FORMATION OF THE ARBITRAL TRIBUNAL
7.0 REPLACEMENT OF AN ARBITRATOR
SECTION III: PROCEDURES OF THE ARBITRAL TRIBUNAL
8.0 SEAT OF ARBITRATION
9.0 LANGUAGE OF ARBITRATION
10.0 PROCEDURAL LAW GOVERNING THE ARBITRATION
11.0 APPLICATION OF SUBSTANTIVE LAW
12.0 THE NATURE OF THE DISPUTE
13.0 REPRESENTATION
14.0 DIRECTIONS CONFERENCES
15.0 CLAIM
16.0 DEFENCE AND COUNTERCLAIM
17.0 REPLY AND DEFENCE TO COUNTERCLAIM
18.0 NO AMENDMENTS TO CLAIM, DEFENCE AND COUNTERCLAIM, AND DEFENCE TO COUNTERCLAIM
19.0 JURISDICTION OF ARBITRAL TRIBUNAL
20.0 JOINDER
21.0 CONSOLIDATION
22.0 DISCLOSURE OF DOCUMENTS
23.0 AGREED BUNDLE
24.0 HEARING
25.0 PROCEDURE
26.0 EVIDENCE AND ADMISSIBILITY
27.0 VISITS AND INSPECTIONS
28.0 DEFAULT OF A PARTY
29.0 WAIVER OF RIGHT TO OBJECT
SECTION IV: INTERIM RELIEF AND SECURITY FOR COSTS
30.0 INTERIM MEASURES
31.0 PRELIMINARY ORDERS
SECTION V: MEDIATION
32.0 MEDIATION
33.0 ARBITRATOR MAY ACT AS MEDIATOR
SECTION VI: THE AWARD
34.0 AWARD
35.0 APPEALS
SECTION VII: COSTS
36.0 ADMINISTRATION COSTS
37.0 COSTS OF THE ARBITRATION
SECTION VIII: GENERAL RULES
39.0 EXCLUSION OF LIABILITY AND INDEMNITY
40.0 STORAGE OF ARBITRATION DOCUMENTS
41.0 COMMUNICATIONS AND CONTACT DETAILS
42.0 MISCELLANEOUS
APPENDIX 1: NZIAC FEES AND EXPENSES FOR ARBITRATION
1.0 PRELIMINARY PAYMENT
2.0 REGISTRATION FEE
3.0 ADMINISTRATION FEE
4.0 ARBITRATOR'S FEES AND EXPENSES
5.0 WHEN IS PAYMENT REQUIRED?
6.0 LIABILITY FOR PAYMENT
7.0 METHODS OF PAYMENT
8.0 SETTLEMENT OR WITHDRAWAL
9.0 CANCELLATION FEES
APPENDIX 2: ARBITRATION AGREEMENT
APPENDIX 3: CONFIDENTIALITY AGREEMENT FOR NON-PARTIES
APPENDIX 4: NZIAC GUIDELINES FOR EXPERT EVIDENCE
1.0 THE EXPERT REPORT
2.0 JOINT CONFERENCE OF EXPERTS
3.0 THE JOINT STATEMENT
4.0 CONCURRENT EXPERT EVIDENCE
APPENDIX 5: NZIAC CODE OF CONDUCT FOR EXPERT WITNESSES
1.0 APPLICATION OF THE CODE
2.0 GENERAL DUTY TO THE ARBITRAL TRIBUNAL
3.0 EVIDENCE OF THE EXPERT WITNESS
4.0 DUTY TO ATTEND JOINT MEETING OF EXPERTS AND TO CONFER
APPENDIX 6: AGREEMENT TO ACT AS ARBITRAL SECRETARY
Effective 8 February 2018
The settlement of disputes by arbitration is an important feature of the global commercial and legal landscape.
The primary objective of modern commercial arbitration is the fair, prompt, and cost effective determination of any dispute, in a manner that is proportionate to the amounts in dispute and the complexity of the issues involved.
In recent times, delays in obtaining awards and the cost of international arbitration have made many cross-border disputes uneconomic for parties to pursue.
To redress that situation, the New Zealand International Arbitration Centre (NZIAC) has developed a suite of Rules for International Commercial Arbitration (Rules) that are robust and certain, yet innovative in their commercial commonsense approach to challenging issues such as appointment, urgent interim relief, expedited procedures, summary procedures for early dismissal of claims and defences, joinder, consolidation, multiple contracts, confidentiality, representation, mediation, arbitral secretaries, expert evidence, appeals, and costs.
The Rules provide both a framework and detailed provisions to ensure the efficient and cost effective resolution of international disputes by arbitration. The Rules are set out in a manner designed to facilitate ease of use and may be adopted by agreement in writing at any time before or after a dispute has arisen.
The Rules are intended to give parties the widest choice and the capacity to adopt fully administered arbitration procedures that are fair, prompt, and cost-effective, and that provide a proportionate response to the amounts in dispute and the complexity of the issues involved.
Where parties have agreed to arbitrate under the NZIAC Arbitration Rules and the amount claimed by the claimant is greater than or equal to NZ$1M and less than NZ$2.5M, these EIA120 Arbitration Rules will apply unless otherwise agreed by the parties.
These Rules provide for a hearing not exceeding five days and are specifically designed to result in an Award being made which finally determines all substantive issues in dispute within 120 working days.
In providing a 120 working day expedited arbitration procedure, NZIAC aims to be a world leader in ensuring speedy and cost effective resolution of international commercial disputes. While these Rules are particularly suitable for disputes involving claims between NZ$1M and NZ$2.5M, they may be adopted for larger or smaller disputes by agreement of the parties.
While these Rules have been developed in New Zealand, they are appropriate for use by parties from any country and may be applied in any jurisdiction through NZIAC.
1.1 These are the 120 day Expedited Arbitration Rules of the New Zealand International Arbitration Centre (NZIAC) and may be referred to as the NZIAC EIA120 Arbitration Rules (Rules).
1.2 Where a dispute has been referred to NZIAC for Arbitration (or words to the same effect), the Arbitration will be conducted in accordance with these Rules (as amended from time to time), subject to such modification as the Parties may agree in writing, where:
(a) the amount claimed by the Claimant is greater than or equal to NZ$1M and less than NZ$2.5M;
(b) in an Arbitration in which the claim is for an amount greater than or equal to NZ$2.5M, the Arbitral Tribunal determines the matter to be of exceptional urgency in terms of Rule 1.4 of the standard NZIAC International Arbitration Rules; or
(c) the Parties have expressly agreed to arbitrate under these Rules.
1.3 Unless otherwise agreed by the Parties in writing, where the amount claimed by the Claimant is less than NZ$1M or greater than or equal to NZ$2.5M, or the Parties are seeking declaratory relief only, the Arbitration will be governed by the relevant NZIAC Arbitration Rules, ie:
(a) where the claim is for an amount less than NZ$250,000, or the Claimant is seeking declaratory relief only, the NZIAC EIA60 Arbitration Rules will apply;
(b) where the claim is for an amount greater than or equal to NZ$250,000 and less than NZ$1M, the NZIAC EIA90 Arbitration Rules will apply; and
(c) where the claim is for an amount of NZ$2.5M or more, the standard NZIAC Arbitration Rules will apply.
1.4 Unless the Parties have agreed in writing that the Arbitration will be conducted in accordance with a particular version of these Rules, the version of these Rules in effect on the date the Application for Arbitration is made will apply. Where the Parties have agreed to apply a particular version of these Rules, the Parties will be taken to have agreed in writing that the NZIAC Schedule of Fees and Expenses for Arbitration in effect on the date the Application for Arbitration is made will apply.
1.5 Where there is any conflict between these Rules and a mandatory provision of the applicable law of the Seat of Arbitration from which the Parties cannot derogate, that mandatory provision will prevail, and these Rules must be read consistently with that law. Where there is any conflict between these Rules and an optional provision of the applicable law of the Seat of Arbitration from which the Parties are permitted to derogate, these Rules will prevail and constitute an agreement not to be bound by that conflicting law.
1.6 NZIAC owns the copyright to these Rules and they may only be used by Parties, or intending Parties, to an Arbitration administered by NZIAC.
1.7 The functions of NZIAC under these Rules will be performed by the Registrar. All communications to NZIAC must be addressed to the Registrar and all communications with the Arbitral Tribunal must be copied to the Registrar.
2.1 Unless the context requires otherwise, in these Rules:
APPLICATION FOR ARBITRATION means an application, in the form from time to time published on the Website, for NZIAC to appoint an Arbitral Tribunal and administer the Arbitration under these Rules.
ARBITRAL TRIBUNAL means any sole arbitrator appointed in accordance with these Rules.
ARBITRATION means Arbitration conducted under these Rules.
ARBITRATION AGREEMENT means a written agreement by the Parties to submit to Arbitration under these Rules, all or certain disputes which have arisen, or which may arise between them in respect of a defined legal relationship, whether contractual or not.
AWARD means any decision of the Arbitral Tribunal on the substance of the dispute and/or the costs of the Arbitration, and includes any interlocutory, interim, partial, final, or additional award.
CLAIMANT means the Party seeking recourse to Arbitration under these Rules and includes one or more Claimants.
COMMENCEMENT DATE means the date upon which NZIAC communicates the Arbitral Tribunal’s appointment to the Parties by issuing a Notice of Appointment under these Rules.
EXPENSES means the actual disbursements for the Arbitration including, but not limited to: travel, accommodation, meals, taxis, couriers, personal vehicle mileage charges, communications, secretarial and administration services, hearing room hire, hearing reporting services, transcription services, interpreters, translators, expert or legal advice, and any other reasonable costs relating to the conduct of the Arbitration.
FEES means NZIAC’s fees as set out in Appendix 1 to these Rules.
INTERIM MEASURE means any temporary measure of protection (whether or not in the form of an Award) made by the Arbitral Tribunal before an Award is made in relation to the substance of the dispute. It includes giving security for costs, and may include Urgent Interim Relief.
NEW ZEALAND INTERNATIONAL ARBITRATION CENTRE (NZIAC) means New Zealand International Arbitration Centre Limited, a company incorporated under the Companies Act 1993 (company number 1170656).
NOTICE OF APPOINTMENT means a written communication issued by the Registrar confirming the appointment of the Arbitral Tribunal by NZIAC.
NOTICE OF ARBITRATION means the written notice required to be issued by the Claimant to initiate Arbitration under these Rules unless the Parties have signed the Arbitration Agreement in the form found at Appendix 2 to these Rules.
OVERRIDING OBJECTIVE means the Overriding Objective of these Rules set out in Rule 3.2.
PARTY means a Party to an Arbitration Agreement, or in any case where the Arbitration does not involve all of the Parties to the Arbitration Agreement, means a Party to the Arbitration.
PRELIMINARY PAYMENT means any Fee payable in accordance with section 1 of Appendix 1 to these Rules.
PURPOSE means the Purpose of these Rules set out in Rule 3.1.
REGISTRAR means a Registrar of NZIAC and includes any person deputed to act as a Registrar from time to time.
REPRESENTATIVE means any individual representing or assisting a Party to the Arbitration, whether legally qualified or not.
RESPONDENT means any Party against whom a Claim is made by a Claimant in an Arbitration and includes one or more Respondents.
SEAT means the juridical seat or legal place of the Arbitration whose courts have jurisdiction to assist and supervise the Arbitration in accordance with the arbitration law of that place.
URGENT INTERIM RELIEF means any Interim Measure that is applied for after the Application for Arbitration has been submitted and before the Arbitral Tribunal has been constituted under Rules 6.1-6.4.
WEBSITE means the website for NZIAC which can be found at www.nziac.com.
(a) words in the singular include the plural and vice versa;
(b) words importing a gender include every gender;
(c) a reference to “we”, “our”, “us”, or “it” means NZIAC; and
(d) words used in the Arbitration Agreement have the same meaning as that ascribed to them in these Rules.
3.1 The Purpose of these Rules is to ensure that the Arbitration is conducted fairly, promptly, and cost effectively, and in a manner that is proportionate to the amount in dispute and the complexity of the issues involved.
3.2 The Overriding Objective is to enable the Arbitral Tribunal:
(a) to establish the facts of the case by all relevant and legally permissible means; and
(b) to produce such orders or Awards as may be necessary to effectively determine the issues in the Arbitration within the shortest period of time that is reasonably possible following commencement of the Arbitration, having regard to the complexity of the issues, and without incurring unnecessary expense.
3.3 To give effect to the stated Purpose and the Overriding Objective, the Parties must not engage in any conduct likely to disrupt or delay the Arbitration, and they agree to be bound by, and to comply without delay with:
(a) all timetabling and procedural provisions in these Rules;
(b) any directions, rulings, or orders of the Arbitral Tribunal as to procedural or evidentiary matters;
(c) any Preliminary Order or Interim Measure; and
(d) any Award of the Arbitral Tribunal.
4.1 Unless otherwise specified, a working day means a day of the week other than:
(a) a Saturday or Sunday;
(b) a day in the period commencing on 24 December in any year and ending with the close of 5 January in the following year; and
(c) a day that is an official holiday or non-business day at the home jurisdiction of NZIAC, the Arbitral Tribunal, or a relevant Party.
4.2 A calendar day means any day of the week, including weekends and holidays.
4.3 Unless otherwise agreed, any period of time under these Rules is to be calculated in accordance with New Zealand Standard Time or New Zealand Daylight Time as applicable (UTC + 12 or UTC + 13).
4.4 Any period of time will begin to run on the first working day following the date when the notice, communication, or proposal is received, or the date upon which an action is to be undertaken by a Party or the Arbitral Tribunal. If the last day for service of any notice, communication, or proposal is not a working day at the address for service of the addressee in terms of Rules 41.5-41.9, the period is extended until the first working day which follows.
4.5 The Arbitral Tribunal may vary the times for actions by the Parties or the Arbitral Tribunal under these Rules if the Arbitral Tribunal is satisfied that, in the circumstances, the additional time is reasonably required to satisfy the Purpose and Overriding Objective of these Rules, and on such terms as to costs or otherwise as the Arbitral Tribunal considers reasonable in the circumstances.
5.1 Where the Parties have agreed to refer the dispute to Arbitration prior to their dispute arising, the Claimant must communicate to every other Party a Notice of Arbitration that includes:
(a) a demand that the dispute be referred to Arbitration;
(b) the full names and all contact details of the Parties and their Representatives, including details for electronic communication where those are available;
(c) identification of the Arbitration Agreement that is being invoked;
(d) identification of the legal instrument or the relationship out of or in relation to which the dispute arises;
(e) a brief description of the nature of the dispute;
(f) the relief or remedy that is sought; and
(g) the Claimant’s proposal as to the composition of the Arbitral Tribunal (if any).
5.2 No Notice of Arbitration will be invalid for any failure to comply strictly with the requirements of Rule 5.1. Any failure to comply with the requirements of Rule 5.1 may be rectified by the Claimant within five working days of receipt of notice of the defect.
5.3 Where Parties have not agreed to refer disputes to Arbitration prior to a dispute arising, those Parties may refer that dispute to Arbitration by signing the Arbitration Agreement in the form found at Appendix 2 to these Rules. In such cases, a Notice of Arbitration is not required to be served on every other Party prior to completing the Application for Arbitration.
5.4 The Claimant may, after the expiry of ten working days from the date of service of the Notice of Arbitration on every other Party, or earlier if the Parties have agreed on a nominee or the Parties have signed the Arbitration Agreement in the form found at Appendix 2 to these Rules, apply to NZIAC to appoint the Arbitral Tribunal by completing an Application for Arbitration. The Application for Arbitration must include:
(a) the Arbitration Agreement;
(b) the Notice of Arbitration (if relevant);
(c) any document recording the Parties’ agreement as to the composition of the Arbitral Tribunal, or, where no agreement has been reached:
(i) any proposal as to the composition of the Arbitral Tribunal, and if it exists, any response to that proposal; and
(ii) any document recording the Parties’ agreement as to the preferred expertise of the Arbitral Tribunal, or where no agreement has been reached, any proposal as to the preferred expertise of the Arbitral Tribunal, and if it exists, any response to that proposal.
5.5 The Parties must pay NZIAC the Preliminary Payment as set out in section 1 of Appendix 1 to these Rules either before or immediately after the submission of the Application for Arbitration.
5.6 No administrative or procedural steps will be taken by NZIAC in relation to the appointment of the Arbitral Tribunal until the Preliminary Payment has been paid in full.
5.7 Any Party may pay the whole of the Preliminary Payment to secure the immediate appointment of the Arbitral Tribunal.
Multiple contracts
5.8 The Claimant may initiate a single Arbitration in respect of disputes or differences arising out of or in connection with more than one contract, provided that:
(a) the Parties to each contract are the same;
(b) the Arbitration Agreements are compatible; and
(c) the Parties agree to a single Arbitration under these Rules.
6.1 A sole arbitrator will be appointed as the Arbitral tribunal by NZIAC upon receipt of a duly completed Application for Arbitration and the Preliminary Payment.
6.2 No Party or third person may appoint any arbitrator under the Arbitration Agreement. NZIAC alone is empowered to appoint arbitrators.
6.3 If the Parties have agreed that any person is to be appointed as an arbitrator, that agreement will be treated as an agreement to nominate an arbitrator for all purposes. Any such nominee may only be appointed by NZIAC as an arbitrator subject to his or her prior compliance with Rules 6.20-6.21. NZIAC may refuse to appoint any nominee if it determines in its sole discretion, that he or she is not suitable, independent, or impartial.
6.4 In the event of either:
(a) refusal by NZIAC to appoint the Parties’ nominee under Rule 6.3; or
(b) the Parties’ nominee declining to accept appointment as an arbitrator,
any Party may, after the expiry of five working days from the date NZIAC notifies the Parties that their nominee is unsuitable or unavailable to accept appointment as an arbitrator, request in writing that NZIAC appoint the arbitrator.
6.5 No Party, nor the Representative of any Party, may have any ex parte communication relating to the Arbitration with any arbitrator, or with any candidate for a Party nominated arbitrator save for to advise the candidate of the general nature of the dispute and to inquire as to the candidate’s relevant qualifications, independence, impartiality, and availability.
Procedure under urgency
6.6 If a Party seeks Urgent Interim Relief before the Arbitral Tribunal has been appointed, the selection and appointment of the Arbitral Tribunal will be made by NZIAC. NZIAC will use best endeavours to appoint the Arbitral Tribunal within one working day of receipt of the application for Urgent Interim Relief.
6.7 For the purposes of Rule 6.6, NZIAC will maintain a panel of specialist arbitrators for appointment where Urgent Interim Relief is sought.
6.8 The arbitrator determining the application for Urgent Interim Relief will consider the application in accordance with the factors set out in Rule 30.3.
6.9 The arbitrator may conduct the proceedings to determine Urgent Interim Relief in any manner he or she considers appropriate in the circumstances, taking account of the urgent and temporary nature of the Interim Measure sought. The arbitrator is not required to convene a conference or hearing with the Parties, and may decide the application for Urgent Interim Relief on the available documentation, by order or Award.
6.10 The arbitrator will use best endeavours to make a determination within five working days of appointment and may make any order or Award allowed under Rules 30.2, 30.4, and 30.5.
6.11 Following the determination of Urgent Interim Relief, the arbitrator appointed under Rule 6.6 will remain as the Arbitral Tribunal.
6.12 If Urgent Interim Relief is sought, all time limits under these Rules will be extended by the period of time that elapses between the date the application for Urgent Interim Relief is served and the date the decision as to the granting of Urgent Interim Relief is made.
Replacement of an arbitrator determining Urgent Interim Relief
6.13 If an arbitrator is challenged before he or she has determined an application for Urgent Interim Relief, NZIAC will use best endeavours to rule on the challenge within three working days of receipt of the challenge. Where a challenge is made, NZIAC will use best endeavours to:
(a) communicate the challenge to every other Party and the challenged arbitrator within one working day of receipt of the challenge;
(b) allow every other Party and the challenged arbitrator one working day from receipt of that communication to respond; and
(c) consider the challenge and make a determination within one working day of the expiry of the period within which the Parties and the challenged arbitrator may respond, whether or not they exercise that right.
6.14 After an application for Urgent Interim Relief has been determined, the arbitrator who has been appointed for that purpose under Rule 6.6 may be removed by agreement of the Parties. Any such agreement will not invalidate any order or Award for Urgent Interim Relief made by that arbitrator. The Arbitral Tribunal will then be formed in accordance with Rules 6.1-6.4.
Selection and appointment of arbitrator by NZIAC
6.15 NZIAC may require each Party to provide such information as it deems necessary to fulfil its selection and appointment function under these Rules. NZIAC will have regard to such information but will not be bound by it in making such appointment as it sees fit.
6.16 NZIAC will take into consideration:
(a) any written agreement or joint nomination by the Parties;
(b) any particular method or criteria for selection of the arbitrator agreed in writing by the Parties;
(c) all relevant circumstances, including the nature of the legal relationship out of or in connection with which the dispute arose;
(d) the nature and circumstances of the dispute;
(e) the monetary amount or value of the dispute;
(f) the number, location, and languages of the Parties;
(g) whether the arbitrator will have sufficient availability to determine the case expeditiously in accordance with the arbitrator’s obligations under these Rules; and
(h) any other factors it considers relevant in the circumstances.
6.17 Where NZIAC selects and appoints an arbitrator under these Rules, it will have regard to, but is not bound to apply, the International Bar Association Guidelines on Conflicts of Interest in International Commercial Arbitration current at the date of the Application for Arbitration.
6.18 NZIAC will use best endeavours to make any appointment under these Rules within five working days of receipt of an Application for Arbitration and the Preliminary Payment.
6.19 Every decision by NZIAC to appoint an arbitrator under these Rules is final and binding on the Parties. It is not subject to appeal to NZIAC. NZIAC is not required to state or communicate reasons for its decision.
6.20 Any person who is not on an NZIAC approved list of arbitrators, and who is approached in connection with his or her possible appointment as an arbitrator under these Rules, must provide the Registrar with:
(a) a written resume of his or her past and present professional positions and experience as an arbitrator;
(b) a schedule of his or her fee rates; and
(c) any other information the Registrar considers relevant.
6.21 Any person approached in connection with his or her possible appointment as an arbitrator under these Rules must provide to the Registrar a written declaration disclosing, to the best of his or her knowledge:
(a) whether there are any circumstances, past or present, likely to give rise to justifiable doubts as to his or her impartiality or independence in the eyes of any of the Parties; and
(b) whether the candidate is ready, willing, and able to devote sufficient time, diligence, and effort to ensure the expeditious conduct of the Arbitration in accordance with these Rules.
6.22 Any Arbitrator conducting an Arbitration under these Rules must be impartial and independent of the Parties. No arbitrator appointed to an Arbitral Tribunal may act as an advocate for, Representative of, or advisor to, any Party. Every arbitrator will, from the time of his or her appointment, assume a continuing duty to immediately disclose to the Parties and NZIAC any circumstances arising in the future which may be likely to give rise to justifiable doubts as to that arbitrator’s impartiality or independence in the eyes of any of the Parties. This duty continues until the Arbitration is concluded.
6.23 Any appointment made by NZIAC under these Rules will be confirmed by a Notice of Appointment issued by the Registrar.
7.1 NZIAC may revoke an arbitrator’s appointment and appoint a replacement arbitrator upon its own initiative or on a written challenge by any Party if:
(a) the arbitrator gives written notice to NZIAC and every Party of his or her intent to resign as arbitrator; or
(b) the Parties agree to the revocation of the arbitrator’s mandate; or
(c) circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence; or
(d) the arbitrator becomes in fact or in law, or by reason of infirmity, unable or unwilling to perform the functions of that office, or in fact fails to fulfil his or her functions within prescribed time limits in accordance with these Rules.
7.2 A Party may challenge the arbitrator nominated by that Party only for reasons of which it becomes aware of after the appointment has been made.
7.3 A Party requesting replacement of an arbitrator must notify the Arbitral Tribunal, every other Party, and NZIAC within five working days after becoming aware of the circumstances that give rise to the challenge (Challenge Notice). The Challenge Notice must state the grounds on which the request for replacement of the arbitrator is based.
7.4 Every other Party and the challenged arbitrator may respond to the challenge. If they wish to exercise that right, they must communicate their response to NZIAC, every other Party, and the Arbitral Tribunal, within five working days of receipt of the Challenge Notice.
7.5 If every Party agrees to the request, or the challenged arbitrator voluntarily withdraws, NZIAC will use best endeavours to appoint a replacement arbitrator within ten working days of receipt of the Challenge Notice. In either case, the replacement of the arbitrator by NZIAC does not imply acceptance of the validity of any ground referred to in the Challenge Notice.
7.6 If every other Party does not agree to the request and the challenged arbitrator does not withdraw, the decision as to whether to appoint a replacement arbitrator will be made by NZIAC after the arbitrator and every Party have had an opportunity to respond to the challenge.
7.7 NZIAC will use best endeavours to make a decision on the request for replacement of the arbitrator within 15 working days of receipt of the Challenge Notice. Such a decision is of an administrative nature and is final and binding on the Parties and the arbitrator. It is not subject to appeal to NZIAC. NZIAC is not required to state or communicate reasons for its decision.
7.8 A request for replacement of the arbitrator will not affect the conduct of the Arbitration unless the arbitrator resigns or is replaced.
7.9 If an arbitrator resigns or is replaced for any reason, all time limits under these Rules will be extended by the period of time that elapses between the arbitrator’s resignation or removal and the appointment of a replacement arbitrator, unless the newly constituted Arbitral Tribunal decides that any part of the prior proceedings are to be repeated. In the latter case, the period of the extension will be equal to the period of time that elapses from the date of the earliest action to be taken by any Party that is to be repeated until the appointment of the replacement arbitrator.
7.10 If, prior to the replacement of an arbitrator, the Arbitral Tribunal has granted an Interim Measure or issued an Interlocutory, Interim, or Partial Award, any proceedings related solely to such orders and Awards will not be repeated and such orders and Awards will remain in effect.
7.11 NZIAC will determine the amount of Fees and Expenses (if any) that it considers appropriate to be paid to the replaced arbitrator in the circumstances.
8.1 Unless otherwise agreed by the Parties, the Seat of the Arbitration will be Auckland, New Zealand.
8.2 Unless otherwise agreed by the Parties, the Arbitral Tribunal may meet at any location it considers convenient or necessary for deliberations and to hear witnesses, and may convene meetings and conduct the proceedings at any place that it considers appropriate, whether at the Seat of the Arbitration or at any other place, having regard to the nature and circumstances of the Arbitration.
8.3 If such places should be other than the Seat of the Arbitration, the Arbitration will nonetheless be treated for all purposes as an Arbitration conducted at the Seat and any order or Award as having been made at the Seat.
9.1 Unless otherwise agreed by the Parties, the Arbitral Tribunal will determine the language or languages to be used in the Arbitration. In the absence of any agreement or determination to the contrary, the language of the Arbitration will be English.
9.2 The Arbitral Tribunal may order that any documents or exhibits submitted for the purpose of the Arbitration, delivered in their original language, must be accompanied by a translation (or be translated) into the language or languages of the Arbitration agreed upon by the Parties or determined by the Arbitral Tribunal.
10.1 The law applicable to the Arbitration Agreement and the Arbitration will be the arbitration law of the Seat of Arbitration, except to the extent that the Parties have expressly agreed in writing on the application of another law or rules of law and such agreement is not prohibited by the law of the Seat of Arbitration.
11.1 The Parties are free to agree on the rules of law to be applied by the Arbitral Tribunal to the substance of the dispute within the limits of the applicable law of the Seat of the Arbitration. In the absence of such agreement, the Arbitral Tribunal will apply the conflict of laws rules which it considers to be appropriate to determine the substantive law.
11.2 The Arbitral Tribunal must take into account the provisions of the contract and trade usages applicable to the subject matter of the contract.
11.3 The Arbitral Tribunal will decide the issues in dispute according to considerations of justice, equity, and good conscience, only if the Parties have expressly authorised it to do so and if such an agreement is not prohibited by the law governing the Arbitration.
12.1 The issues in dispute to be decided by the Arbitral Tribunal will be those defined in the Arbitration Agreement and as further defined in the Notice of Arbitration (if relevant), Claim, and any Defence, Counterclaim, Defence to the Counterclaim, or cross-claim asserted between co-Respondents or co-Claimants.
13.1 Any Party to the Arbitration may appear in person or be represented or assisted by any person whether legally qualified or not, provided that the engagement of the Representative by that Party does not threaten or bring into question the composition or integrity of the Arbitral Tribunal or the Arbitration, or the finality of any Award due to a past or present relationship between the Representative and an arbitrator that would be likely to give rise to justifiable doubts as to the arbitrator’s impartiality or independence, unless none of the Parties object after proper disclosure.
13.2 Until the Arbitral Tribunal is constituted, each Party must promptly notify NZIAC and every other Party of the names and contact details of all Representatives engaged for the purposes of the Arbitration.
13.3 Following the formation of the Arbitral Tribunal, any intended engagement of a Representative or any intended addition to, or change in representation by a Party, must be notified in writing to every other Party and the Arbitral Tribunal, and may only take effect with the approval of the Arbitral Tribunal.
13.4 The Arbitral Tribunal may withhold approval for the engagement of any Representative by a Party where the Arbitral Tribunal, in its sole discretion, considers that person’s engagement could threaten or bring into question the composition and integrity of the Arbitral Tribunal, or the Arbitration, or the finality of any Award on the grounds of a possible conflict of interest or other like impediment.
13.5 Any obligation or duty bearing on a Representative under these Rules is an obligation or duty of the represented Party and that Party must ultimately bear the consequences of any misconduct by its Representative.
13.6 A Representative must not:
(a) engage, or attempt to engage, in any ex parte communications with an arbitrator concerning the Arbitration once that arbitrator has been appointed to the Arbitral Tribunal;
(b) make any knowingly false submission of fact to the Arbitral Tribunal;
(c) invite or encourage a witness to give false evidence;
(d) submit witness or expert evidence that he or she knows is false;
(e) induce an expert or witness to replace their own account or opinion with that of the Representative;
(f) make any request to produce, or any objection to a request to produce any document, evidence, or item, for an improper purpose (such as to harass or cause delay); or
(g) suppress or conceal, or advise a Party to suppress or conceal any document, evidence, or any other item that has been requested by another Party, or that the Party whom he or she represents has undertaken, or been ordered by the Arbitral Tribunal to produce.
13.7 Where a Representative unknowingly breaches Rule 13.6 and later becomes aware of that breach, he or she is under a duty to disclose that breach to the Arbitral Tribunal, and to remedy that breach by any means the Arbitral Tribunal considers appropriate.
13.8 Breach of Rule 13.6 may be taken into account by the Arbitral Tribunal in apportioning the costs of the Arbitration under Rule 37.5. In taking the Representative’s conduct into account, the Arbitral Tribunal must indicate, if appropriate, how and in what amount the breach of Rule 13.6 leads to the different apportionment of costs.
13.9 Where the Arbitral Tribunal considers a Representative has breached Rule 13.6 in a manner that is flagrant and intentional, and to the extent that the Arbitral Tribunal considers the Representative’s continued involvement in the Arbitration to be inconsistent with the Purpose and Overriding Objective of these Rules, the Arbitral Tribunal may, after giving the Parties an opportunity to express their views about the alleged breach and the consequences of the measure that the Arbitral Tribunal is considering:
(a) exclude the Representative from participating in all or part of the Arbitration; and/or
(b) take any other appropriate measure to preserve the fairness and integrity of the proceedings and the enforceability of the Award.
14.1 The Arbitral Tribunal may call, and the Parties must attend, conferences for the purpose of discussing and determining procedural issues and timetabling matters (Directions Conferences). The Arbitral Tribunal may conduct Directions Conferences in any manner considered appropriate in the circumstances (whether in person, by telephone, video conference, or other electronic communication) at such times and on such dates (and at such venues in the case of meetings in person) as may be fixed by the Arbitral Tribunal.
15.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Claimant must, on or before the 20th working day after the Commencement Date, communicate to the Arbitral Tribunal and to the Respondent a statement in writing giving particulars of the claim (Claim).
15.2 The Claim must include:
(a) the nature and basis of the Claim;
(b) the amount of compensation claimed, or other relief or remedy sought, including any claim for interest;
(c) any expert reports or sworn witness statements relied on by the Claimant;
(d) copies of all supporting documents relied on by the Claimant; and
(e) submissions on the factual and legal issues involved in the Claim, and the Claimant’s contentions as to those issues.
16.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Respondent may, on or before the 40th working day after the Commencement Date, communicate to the Arbitral Tribunal and to every other Party a statement in writing in reply to the Claim and giving particulars of any claims against the Claimant (Defence and Counterclaim).
16.2 The Defence must include:
(a) what matters in the Claim are accepted or agreed;
(b) what matters are disputed, with reasons why;
(c) any expert reports or sworn witness statements relied on by the Respondent;
(d) copies of all supporting documents relied on by the Respondent; and
(e) submissions on the factual and legal issues involved in the Claim, and the Respondent’s contentions as to those issues.
16.3 Any Counterclaim must include:
(a) the nature and basis of the Counterclaim;
(e) submissions on the factual and legal issues involved in the Counterclaim, and the Respondent’s contentions as to those issues.
17.1 Unless another period of time is agreed by the Parties or determined by the Arbitral Tribunal, the Claimant may, on or before the 55th working day after the Commencement Date, communicate to the Arbitral Tribunal and to the Respondent a statement in writing in reply to the Defence and Counterclaim (Reply and Defence to Counterclaim).
17.2 The Reply by the Claimant to any Defence or Counterclaim must include:
(a) what matters in the Defence or Counterclaim are accepted or agreed;
(c) any additional expert reports or sworn witness statements relied on by the Claimant;
(e) submissions on the factual and legal issues involved in the Defence or the Counterclaim, and the Claimant’s contentions as to those issues.
18.1 No Party may amend or supplement its Claim, Defence and Counterclaim, or Reply and Defence to Counterclaim after the expiry of the period within which the relevant documents may be served on the Arbitral Tribunal and every other Party.
19.1 The Arbitral Tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the Arbitration Agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the Arbitral Tribunal that the contract is null and void shall not entail ipso jure (necessarily) the invalidity of the arbitration clause.
19.2 A plea that the Arbitral Tribunal does not have jurisdiction shall be raised not later than the submission of the Defence and Counterclaim. A Party is not precluded from raising such a plea by the fact that that Party has appointed, or participated in the appointment of, an arbitrator. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The Arbitral Tribunal may, in either case, admit a later plea if it considers the delay justified.
19.3 The Arbitral Tribunal may rule on a plea referred to in Rule 19.2 either as a preliminary question or in an Award on the merits.
19.4 If the Arbitration is seated in New Zealand and the Arbitral Tribunal rules on such a plea as a preliminary question, any Party may request, within 30 calendar days after having received notice of that ruling, the High Court to decide the matter, which decision shall be subject to no appeal. While such a request is pending, the Arbitral Tribunal may continue the arbitral proceedings and make an Award.
Summary procedure – early dismissal of Claims and Defences
19.5 The Arbitral Tribunal may decide one or more issues of fact or law by way of summary procedure.
19.6 A Party may apply to the Arbitral Tribunal for the early dismissal of a Claim or Defence in whole or in part, on the grounds, inter alia, that:
(a) a Claim or Defence, or any part of such Claim or Defence discloses no reasonably arguable cause of action, is frivolous or vexatious, or is otherwise an abuse of process;
(b) the facts alleged by the other Party, even if true, do not disclose any legally recognisable claim;
(c) an allegation of fact or law material to the outcome of the Claim or Defence is manifestly without merit; and/or
(d) a Claim or Defence is manifestly outside the jurisdiction of the Arbitral Tribunal.
19.7 A Party applying for the early dismissal of a Claim or Defence must, at the same time it files the application with the Arbitral Tribunal, file and serve a copy of the application on every other Party and NZIAC.
19.8 An application for the early dismissal of a Claim or Defence must state:
(a) the grounds relied on;
(b) which causes of action cannot succeed and why;
(c) the form of summary procedure proposed; and
(d) why such procedure would be consistent with the Purpose and Overriding Objective of these Rules such that it would be appropriate in all the circumstances of the case.
19.9 On receipt of an application for the early dismissal of a Claim or Defence, the Arbitral Tribunal shall, after allowing every other Party to comment, issue an order either dismissing the application or allowing the application to proceed and fixing the procedure to be adopted.
19.10 If the application for summary procedure is allowed to proceed, the Arbitral Tribunal shall, after giving the Parties an opportunity to be heard, make an order or Award on the application for the early dismissal of a Claim or Defence, with reasons, which may be in a summary form.
19.11 The Arbitral Tribunal will use best endeavours to make an order or Award on the application within the shortest period of time that is reasonably practicable following receipt of the application, having regard to the circumstances of the case.
19.12 If the application for summary procedure is granted and the whole of the Claim or Defence is not dismissed, all time limits under these Rules will be extended by the period of time that elapses from the date the application is served on the Arbitral Tribunal until the order or Award on the application is made.
Arbitral Secretary
19.13 Unless otherwise agreed by the Parties, the Arbitral Tribunal may, after notifying the Registrar and consulting with the Parties, appoint at its sole discretion, an administrative assistant (Arbitral Secretary) at any stage of the Arbitration to assist the Arbitral Tribunal in resolving the dispute effectively and efficiently in a manner consistent with the Purpose and Overriding Objective of these Rules.
19.14 Prior to making any such appointment, the Arbitral Tribunal shall:
(a) select an appropriate candidate, taking into account all the circumstances of the case;
(b) secure the advance agreement of that person to accept such appointment on the terms, and in the form of the Agreement to Act as Arbitral Secretary annexed at Appendix 6 to these Rules;
(c) notify the Registrar and the Parties of its proposal, providing a copy of the duly executed Agreement to Act as Arbitral Secretary and the candidate’s curriculum vitae;
(d) receive and consider the Parties’ comments and any objection to the appointment; and
(e) assuming no objection is taken, or the Arbitral Tribunal rules against any objection, the Arbitral Tribunal may proceed to appoint the Arbitral Secretary.
19.15 The Arbitral Tribunal shall at all times be responsible for the Arbitral Secretary’s conduct in connection with the Arbitration.
19.16 The Arbitral Tribunal shall not delegate any decision-making duties to the Arbitral Secretary or rely on the Arbitral Secretary to perform any other essential duties of the Arbitral Tribunal.
19.17 The Arbitral Secretary shall be subject to the same standards of independence, impartiality, and confidentiality as the Arbitral Tribunal.
19.18 The Parties shall accord the Arbitral Secretary with the same immunity as that accorded to the Arbitral Tribunal under Rules 39.1-39.5.
19.19 The fees of the Arbitral Secretary shall form part of the Arbitral Tribunal’s fees.
19.20 Any reasonable expenses incurred by the Arbitral Secretary in the execution of his or her duties shall be reimbursed by the Parties at cost.
20.1 There is no provision for joinder under these Rules for expedited Arbitration.
21.1 There is no provision for consolidation under these Rules for expedited Arbitration.
22.1 There shall be no formal discovery or inspection of documents under these Rules for expedited Arbitration.
22.2 Each Party shall provide copies of all documents relied upon in support of the Claim, the Defence and Counterclaim, or the Reply and Defence to Counterclaim to the Arbitral Tribunal and every other Party in accordance with Rules 15.2, 16.2, 16.3, and 17.2.
22.3 The Arbitral Tribunal may, at the request of any Party, or on its own motion, require a Party to provide any documents or other evidence that the Arbitral Tribunal may reasonably require, and may order a Party to make available to the Arbitral Tribunal, or to any other Party, any property, goods, or item in its power, possession, or control for inspection, observation, the taking of samples, measuring, weighing, photography, the observation of any process, or testing. If a Party fails to produce or to make available any such document, property, goods, or item, without adequate explanation, the Arbitral Tribunal may draw any inference from that failure that the Arbitral Tribunal thinks fit.
22.4 For the avoidance of doubt, the Arbitral Tribunal may modify any disclosure procedures set out in Rules 22.1-22.3.
22.5 If discovery and inspection are undertaken, then it will be on such terms as the Arbitral Tribunal directs, having regard to the Purpose and the Overriding Objective of these Rules. The Arbitral Tribunal may, at its discretion, order the Parties to exchange lists of documents verified by affidavit that are, or have been, in the Parties’ possession, power, or control, and relate to a matter in question in the Arbitration.
22.6 The Arbitral Tribunal may, at the request of a Party or on its own motion, exclude from evidence, production or inspection, any document, statement, oral testimony, or item, for any of the following reasons:
(a) lack of sufficient relevance to the case or materiality to its outcome;
(b) legal impediment or privilege under the legal or ethical rules determined by the Arbitral Tribunal to be applicable;
(c) unreasonable burden to produce the requested evidence;
(d) loss or destruction of the document or item that has been shown with reasonable likelihood to have occurred;
(e) grounds of commercial or technical confidentiality that the Arbitral Tribunal determines to be compelling;
(f) grounds of special political or institutional sensitivity (including evidence that has been classified as secret by a government or public international institution) that the Arbitral Tribunal determines to be compelling;
(g) considerations of procedural economy, proportionality, fairness, or equality of the Parties that the Arbitral Tribunal determines to be compelling; or
(h) any other grounds which would be applicable in court proceedings at the Seat of Arbitration.
23.1 The Arbitral Tribunal may direct the Claimant and Respondent, by a time agreed by them, or failing their agreement, by a time determined by the Arbitral Tribunal, to compile, in consultation with every other Party, an indexed and paginated bundle of documents (Agreed Bundle).
23.2 Unless expressly stated in the Agreed Bundle, or, at the Arbitration hearing leave is granted on adequate grounds to argue the contrary, the Agreed Bundle will be produced to the Arbitral Tribunal on the basis that each document contained in the Agreed Bundle is considered to:
(a) be admissible in evidence;
(b) be accurately described and dated in the index to the bundle;
(c) be what it purports to be on its face;
(d) have been signed by any purported signatory;
(e) have been sent by any purported author and to have been received by any apparent addressee; and
(f) have been produced by the Party indicated in the index to the Agreed Bundle.
24.1 Unless otherwise agreed by the Parties, the Arbitral Tribunal must decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings will be conducted on the basis of documents and other materials.
24.2 Unless the Parties have agreed that no hearings shall be held, the Arbitral Tribunal may hold such oral hearings as it considers appropriate and must fix the date, time, form, procedure, and place of the hearing, and advise the Parties accordingly.
24.3 The hearing will be conducted as directed by the Arbitral Tribunal. The Arbitral Tribunal may impose time limits for the presentation of submissions and the adducing and testing of evidence by each Party.
24.4 Unless otherwise agreed by the Parties, the Arbitral Tribunal may hear witnesses and conduct hearings by any means that it considers effective and expedient and at any location that it considers appropriate in all the circumstances. A hearing may take place in person, by video or telephone conference, or by any combination of these methods.
24.5 The Arbitral Tribunal shall, after conferring with the Parties, declare the hearing closed if satisfied that the Parties have no further relevant and material evidence to produce, or submissions to make in respect of the matters to be decided in the order or Award.
24.6 The Arbitral Tribunal may, upon application of any Party, or on its own motion, re-open the hearing at any time before any order or Award is made.
24.7 The duration of any oral hearing will be limited to five working days, or otherwise the shortest period of time reasonably possible having regard to the complexity of the issues involved and the need to ensure that the Purpose and the Overriding Objective are achieved without incurring unnecessary expense.
25.1 The Arbitral Tribunal has the widest discretion permitted by law to resolve the dispute in a just, speedy, cost effective, and final manner in accordance with these Rules and the principles of natural justice.
25.2 It is expressly acknowledged and accepted that what might otherwise constitute natural justice in another setting may by necessity be tempered in order that the time limits under these Rules are met and the stated Purpose and Overriding Objective are achieved.
25.3 The Arbitral Tribunal has the jurisdiction and power to:
(a) make any rulings and give any directions that it thinks fit with regard to procedure at any time during the Arbitration, including but not limited to, directing the order of proceedings, bifurcating proceedings, excluding repetitive or irrelevant evidence, directing conferences of experts and the preparation of a joint statement of experts; and
(b) decide one or more issues of fact or law by way of summary procedure in terms of Rules 19.5-19.12.
25.4 The Arbitral Tribunal must conduct the Arbitration in accordance with the Purpose of these Rules. It must adopt such procedures and give such directions and rulings as may be required to ensure that the process for the determination of the matters in dispute is fair, prompt, and cost effective, and that to the best of the Arbitral Tribunal’s ability, the Overriding Objective is achieved.
25.5 Following the formation of the Arbitral Tribunal, all statements, documents, or other information supplied to the Arbitral Tribunal by any Party must simultaneously be communicated to every other Party and the Registrar.
26.1 Each Party will bear the burden of proving the facts relied upon to support its Claim or any affirmative Defence.
26.2 The Arbitration will proceed on the basis of written submissions, evidence, and any other material which is provided to every other Party and the Arbitral Tribunal in accordance with the procedures set out in these Rules, and any oral evidence given, or submissions made, at a hearing.
26.3 The Arbitral Tribunal may have regard to, but is not bound to apply, the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration current at the Commencement Date. The admissibility, relevance, materiality, and weight of the evidence offered will be determined by the Arbitral Tribunal. The Arbitral Tribunal is not bound by any rules of evidence which apply in a court of law.
26.4 If a statement or report is included with a Party’s Claim, Defence, Counterclaim, or Reply and Defence to Counterclaim, the relevant witness may be called by the Party submitting the statement or report, or be required for cross-examination by any other Party, or be called by the Arbitral Tribunal to attend a hearing. If the Arbitral Tribunal orders a Party to secure the attendance of a witness and the witness refuses or fails to attend the hearing without good cause, the Arbitral Tribunal may place such weight on the written testimony of that witness (or exclude all or any part of it) as it considers appropriate in the circumstances. The Arbitral Tribunal may put questions to a witness at any stage of a hearing.
26.5 No person may, without leave of the Arbitral Tribunal, be called as a witness unless that person’s written statement or report is included with a Party’s Claim, Defence, Counterclaim, or Reply and Defence to Counterclaim, or is otherwise provided to the Arbitral Tribunal and to every other Party prior to the hearing.
26.6 No document or other evidentiary material may be relied upon by a Party without leave of the Arbitral Tribunal unless that document or other evidentiary material has been provided with a Party’s Claim, Defence, Counterclaim, or Reply and Defence to Counterclaim, or has otherwise been provided to the Arbitral Tribunal and to every other Party prior to the hearing.
26.7 The Arbitral Tribunal may request further relevant submissions, information, or evidence from a Party at any time, but must give every other Party a reasonable opportunity to comment on any such submissions, information, or evidence.
Recording of evidence
26.8 In the absence of agreement between the Parties, the evidence given by witnesses may be recorded in such manner as the Arbitral Tribunal may decide.
Expert evidence
26.9 Any Party that engages an expert witness must give the expert witness a copy of the Guidelines for Expert Evidence and the Code of Conduct for Expert Witnesses set out at Appendices 4 and 5 to these Rules.
26.10 An expert witness must state in any report or written statement that the expert witness has read the NZIAC Code of Conduct for Expert Witnesses and agrees to comply with it.
26.11 The evidence of an expert witness who has not complied with Rules 26.9 and 26.10 may be adduced only with the leave of the Arbitral Tribunal ,and will be given such weight as the Arbitral Tribunal considers fit.
26.12 The Arbitral Tribunal may direct an expert witness to confer with any other expert witness for the purpose of trying to reach agreement on matters within the field of expertise of the experts and may order the experts to prepare a joint statement of the matters on which the experts agree, the matters on which they do not agree, and the reasons for their disagreement.
26.13 Unless otherwise agreed by the Parties, the Arbitral Tribunal will determine the manner in which expert evidence is presented and the manner in which expert witnesses are examined.
Tribunal appointed experts
26.14 The Arbitral Tribunal may not appoint its own expert under these Rules for expedited Arbitration.
27.1 The Arbitral Tribunal may view the location, subject matter, property, goods, documents, or any other item to which the dispute relates, to assist it in making its Award.
27.2 The Arbitral Tribunal may convene a meeting at any venue that it deems appropriate for the purpose of inspecting property, goods, documents, or any other item.
27.3 The visits or inspections must be carried out by the Arbitral Tribunal in the presence of all Parties unless otherwise agreed. The Parties must be given such notice as is appropriate in the circumstances to enable them to be present at any visit or inspection.
27.4 The Arbitral Tribunal’s power to view or inspect any item is not affected by the failure of a Party to attend any scheduled visit or inspection. In the event of any such failure, the Arbitral Tribunal may proceed with the visit or inspection and decide any issue on the basis of its own observations.
28.1 If, without showing sufficient cause, the Claimant fails to communicate the Claim within the period of time fixed under these Rules, the Arbitral Tribunal must terminate the proceedings.
28.2 If, without showing sufficient cause, the Respondent fails to communicate a Defence and Counterclaim, or the Claimant fails to communicate a Defence to the Counterclaim within the relevant periods of time fixed under these Rules, the Arbitral Tribunal must continue the proceedings.
28.3 In the event of a failure of the kind referred to in Rule 28.2, or the failure by any Party to comply with these Rules or the directions of the Arbitral Tribunal, or if any Party does not attend a meeting, conference, visit, inspection, or hearing convened by the Arbitral Tribunal without showing sufficient cause for such failure, the Arbitral Tribunal must continue with the Arbitration and make the Award on the information and evidence before it.
28.4 If, however, it appears to the Arbitral Tribunal that the Arbitration has been abandoned by the Parties, or all Claims and cross-Claims are withdrawn by the Parties, the Arbitral Tribunal may order the discontinuance of the Arbitration provided that, after giving the Parties a reasonable period within which to respond, no Party objects in writing.
29.1 A Party to the Arbitration that continues with the Arbitration without promptly raising:
(a) a plea as to jurisdiction in accordance with Rule 19.2;
(b) an objection as to any direction or order of the Arbitral Tribunal;
(c) any objection as to failure to comply with these Rules; or
(d) any other irregularity affecting the Arbitral Tribunal or the conduct of the Arbitration,
will be deemed to have waived its right to object later unless it establishes that at the relevant time it did not know, and could not with reasonable diligence have discovered, the grounds for objection.
30.1 A Party may, with notice to every other Party, request an Interim Measure at any time after submitting the Application for Arbitration to NZIAC.
30.2 An Interim Measure is a temporary measure, whether or not in the form of an Award, by which a Party is required at any time before an Award is made in relation to a dispute, to do all or any of the following:
(a) maintain or restore the status quo pending the determination of the dispute;
(b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the Arbitration;
(c) provide a means of preserving assets out of which a subsequent Award may be satisfied;
(d) preserve evidence that may be relevant and material to the resolution of the dispute; or
(e) give security for costs.
30.3 Before the Arbitral Tribunal may grant an Interim Measure, the applicant must satisfy the Arbitral Tribunal (to the extent that the Arbitral Tribunal considers appropriate) that:
(a) harm not adequately reparable by an award of damages is likely to result if the Interim Measure is not granted;
(b) such harm will substantially outweigh the harm that is likely to result to the non-applicant Party if the Interim Measure is ordered;
(c) there is a reasonable possibility that the applicant will succeed on the merits of the Claim; and
(d) the applicant will be able to pay the costs or damages of the Party against whom an Interim Measure is requested if the applicant is unsuccessful on the merits of the Claim.
30.4 The Arbitral Tribunal may require the applicant to provide appropriate security in such a manner as it deems just, as a condition of granting an Interim Measure.
30.5 The costs relating to the application for an Interim Measure may initially be apportioned by the Arbitral Tribunal in an order or direction, subject to payment falling due in terms of the Arbitral Tribunal’s determination of the costs of the Arbitration in the Final Award.
30.6 The applicant must promptly disclose to the Arbitral Tribunal any material change in the circumstances upon which an Interim Measure was requested or granted.
30.7 The Arbitral Tribunal may modify, suspend, or cancel an Interim Measure at any time upon application of a Party. In exceptional circumstances, the Arbitral Tribunal may modify, suspend, or cancel an Interim Measure on its own initiative after giving prior notice to the Parties.
30.8 The granting of an Interim Measure does not affect the Arbitral Tribunal’s discretion to make any subsequent determination. An applicant for an Interim Measure is liable for any costs or damages caused to any other Party by the Interim Measure if the Arbitral Tribunal later determines that, in the circumstances, the Interim Measure should not have been granted. The Arbitral Tribunal may award those costs or damages at any time during the Arbitration.
30.9 A request for an Interim Measure made by a Party to a court of competent jurisdiction before or during the Arbitration is not incompatible with these Rules. Any application for such measures made after the formation of the Arbitral Tribunal, and any court order made in relation to such application, must be promptly communicated to the Arbitral Tribunal and to every other Party.
30.10 If an Interim Measure is sought, all time limits under these Rules will be extended by the period of time that elapses between the date the application for an Interim Measure is served and the date the decision as to the granting of the Interim Measure is made.
31.1 A Party may, when making a request for an Interim Measure, apply for an order directing a Party not to frustrate the purpose of an Interim Measure (Preliminary Order).
31.2 A Party applying for a Preliminary Order need not give notice to the Party against whom the Interim Measure is requested of either the request for the Interim Measure or the application for the Preliminary Order until immediately after the application for the Preliminary Order has been determined.
31.3 A Party applying for a Preliminary Order must disclose to the Arbitral Tribunal all circumstances that are likely to be relevant to the Arbitral Tribunal’s determination as to whether to issue or extend the order. The obligation continues until each Party against whom the Interim Measure is requested or directed has had an opportunity to present its case.
31.4 It is envisaged by these Rules that the issuing of a Preliminary Order will be made in exceptional cases only. A Preliminary Order will be issued where:
(a) the applicant satisfies the Arbitral Tribunal of the matters specified in Rule 30.3, subject to:
(i) the modification that the harm to be assessed is the harm likely to result from the order being issued or not; and
(ii) all other necessary modifications; and
(b) prior disclosure of the request for the Interim Measure to the Party against whom it is directed risks frustrating the purpose of the measure.
31.5 The Arbitral Tribunal must use best endeavours to determine an application for a Preliminary Order within three working days.
31.6 Immediately after the Arbitral Tribunal makes a determination in respect of an application for a Preliminary Order without notice, it must:
(a) give notice to all the Parties of:
(i) the request for the Interim Measure;
(ii) the application for the Preliminary Order;
(iii) the Preliminary Order issued by the Arbitral Tribunal (if any); and
(iv) all other communications between a Party and the Arbitral Tribunal in relation to those matters; and
(b) give an opportunity to every other Party to present its case at the earliest practicable time.
31.7 The applicant must promptly disclose to the Arbitral Tribunal any material change in the circumstances upon which a Preliminary Order was requested or granted.
31.8 A Preliminary Order granted under Rule 31.4 expires 20 calendar days after the date on which it is issued by the Arbitral Tribunal. However, the Arbitral Tribunal may grant an Interim Measure adopting or modifying the Preliminary Order if, within 20 calendar days after the Preliminary Order is issued, every Party against whom the Interim Measure is requested has been given notice under Rule 31.6 and has had an opportunity to present its case.
31.9 The Arbitral Tribunal may modify, suspend, or cancel the Preliminary Order on the application of any Party or on its own initiative, but only in exceptional circumstances and after giving prior notice to the Parties.
31.10 The Arbitral Tribunal must require the applicant for a Preliminary Order to provide appropriate security in connection with the order unless it considers it is inappropriate or unnecessary to do so.
31.11 An applicant for a Preliminary Order will be liable for any costs or damages caused to any other Party by the order if the Arbitral Tribunal later determines that the order should not have been issued. The Arbitral Tribunal may award those costs or damages at any time during the Arbitration.
31.12 A Preliminary Order is binding on all Parties but is not enforceable by a court and does not constitute an Award.
32.1 If, during the course of the Arbitration, the Parties notify the Arbitral Tribunal in writing that they have agreed to refer their dispute to mediation, the Arbitral Tribunal must stay the proceedings to facilitate the conduct of the mediation. All time limits under these Rules will be extended by the duration of the mediation.
32.2 In any case where such notice is given, the Parties will be deemed to have agreed to refer their dispute to mediation under the NZIAC Mediation Rules.
33.1 If the Parties agree in writing that a person who is acting as an arbitrator may act as a mediator, for so long as no Party withdraws that Party’s consent in writing, the arbitrator may act as a mediator.
33.2 An arbitrator who is acting as a mediator may not communicate with the Parties separately and, if that person is a co-mediator, that person may not communicate with any other co-mediator in relation to any Confidential Information or material obtained by that co-mediator from a Party during a separate session.
33.3 If a settlement is reached in respect of any of the matters in dispute, the Arbitral Tribunal may, at its sole discretion, record the settlement in an Award (Award on Agreed Terms) if requested by the Parties. The Arbitral Tribunal is not obliged to state the reasons upon which such an Award is based.
33.4 If a settlement is reached in respect of all matters in dispute, the Parties will, unless otherwise agreed in writing, bear their own legal and other costs of the Arbitration and, subject to Rule 37.7, share equally the Fees and Expenses of the Arbitral Tribunal, NZIAC’s administrative fees, and any other Expenses related to the Arbitration.
33.5 If the Parties consent to an arbitrator acting as a mediator, and that mediation is subsequently terminated without resolving all matters in dispute, no objection may be taken to the conduct of the subsequent Arbitration solely on the ground that the arbitrator had previously acted as a mediator in accordance with these Rules.
33.6 If Confidential Information is obtained from a Party or a co-mediator during the mediation by the arbitrator acting as a mediator, and that mediation is subsequently terminated without resolving all matters in dispute:
(a) the arbitrator must disclose to every Party the fact that Confidential Information was obtained during the course of the mediation;
(b) following that disclosure, the arbitrator may not conduct subsequent arbitral proceedings without the written consent of all the Parties; and
(c) if all the Parties do not consent to the arbitrator conducting subsequent arbitral proceedings, the arbitrator’s mandate will be taken to have been terminated under Rule 7.1 and a replacement arbitrator will be appointed in accordance with Rule 7.7.
33.7 If the Parties consent to an arbitrator conducting subsequent arbitral proceedings under Rule 33.6(b), no objection may be taken to the conduct of the subsequent Arbitration solely on the ground that the arbitrator had previously acted as a mediator in accordance with these Rules and obtained Confidential Information during the mediation.
34.1 The Arbitral Tribunal must, as soon as practicable after considering all submissions and evidence, make one or more Awards as required for the final determination of the dispute. Those Awards may include one or more of the following:
(a) Interlocutory Award, meaning an Award which determines procedural or jurisdictional matters and any applications for Interim Measures pending the final determination of the dispute;
(b) Interim Award, meaning an Award which provisionally determines, whether in whole or in part, one or more matters at issue;
(c) Partial Award, meaning an Award which finally determines one or more of the matters at issue between the Parties in its entirety, but does not determine the costs, Fees, and Expenses of the Arbitration;
(d) Final Award, meaning an Award which finally determines all of the matters at issue between the Parties including the costs, Fees, and Expenses of the Arbitration; or
(e) Additional Award, meaning an Award which finally determines claims presented in the arbitral proceedings but omitted from a Partial or Final Award in respect of which a request for an Additional Award is made by a Party with notice to every other Party within ten working days of receipt of such Award.
34.2 The Arbitral Tribunal will use best endeavours to provide a Partial Award that finally determines the substantive matters in dispute within 120 working days from the Commencement Date.
34.3 Any Partial, Final, or Additional Award (made in respect of a Partial or Final Award) made by the Arbitral Tribunal is final and binding on the Parties.
34.4 Any Award must state the date the Award is made, the Seat of the Arbitration, and it must be signed by the Arbitral Tribunal. Unless otherwise agreed by the Parties, the Award must contain reasons for the findings made.
34.5 The extent of reasons given by the Arbitral Tribunal for the findings in any Award will be proportionate to the time available to the Arbitral Tribunal to make the Award, the nature and number of matters for determination, and the amount of money at issue in the dispute.
34.6 A monetary Award will be expressed in the currency or currencies of the contract unless the Parties have agreed otherwise.
34.7 Unless otherwise agreed by the Parties, the Arbitral Tribunal may award simple or compound interest from such dates, at such rates, and with such rests as the Arbitral Tribunal considers meet the justice of the case, on the whole or any part of:
(a) any sum which the Arbitral Tribunal determines any Party is liable to pay any other Party, for the whole or any part of the period from the date on which the cause of action arose up to the date of payment; and/or
(b) any amount claimed in the Arbitration and outstanding at the commencement of the Arbitration proceedings but paid before the Award is made, for the whole or any part of the period from the date on which the cause of action arose up to the date of payment.
34.8 If the Parties are unable to reach agreement as to costs within five working days of receipt of the Arbitral Tribunal’s Partial Award which finally determines all substantive matters in dispute:
(a) the Claimant may file submissions on costs with the Arbitral Tribunal and every other Party on or before the fifth working day following receipt of the Award;
(b) the Respondent may file submissions in response with the Arbitral Tribunal and every other Party on or before the 10th working day following receipt of the Award; and
(c) the Arbitral Tribunal must use best endeavours to make a Final Award on or before the 15th working day following receipt of the Partial Award by the Parties.
34.9 Unless the Parties agree otherwise, the Final Award must contain reasons for the Arbitral Tribunal’s findings in respect of the costs of the Arbitration.
Scrutiny of Award by NZIAC
34.10 Before signing an Award, the Arbitral Tribunal must submit the Award in draft form to the Registrar for scrutiny.
34.11 The Registrar may make recommendations as to the form of the Award directed to identifying any errors in computation, any clerical or typographical errors, or any errors of a similar nature in the Award. The Registrar may also draw the Arbitral Tribunal’s attention to any points of substance or any internal inconsistencies in the Award without affecting the Arbitral Tribunal’s independence and autonomy in rendering the Award.
34.12 No Award shall be made by the Arbitral Tribunal until it has been approved by the Registrar.
Provision of Award
34.13 Subject to payment in full of NZIAC’s administration fees and the Arbitral Tribunal’s Fees and Expenses, a copy of the signed Award will be sent to the Parties by NZIAC as soon as possible after signature.
Settlement or other grounds for termination
34.14 The Parties are encouraged to find their own resolution to the dispute. In the event that the Parties can settle their dispute before a Partial Award which finally determines all the substantive matters in dispute is made, the Arbitral Tribunal must issue an order for the termination of the arbitral proceedings, and may, at its sole discretion, record the terms of the settlement and issue a Final Award on Agreed Terms if requested by the Parties. The Arbitral Tribunal is not obliged to give reasons for such an Award.
34.15 Unless otherwise agreed, settling Parties will bear their own legal fees and other expenses of the Arbitration and, subject to Rule 37.7, share equally the Fees and Expenses of the Arbitral Tribunal, NZIAC’s administrative fees, and any other Expenses related to the Arbitration.
Correction and interpretation of Award
34.16 Within ten working days of receipt of an Award, a Party may, with notice to every other Party, request the Arbitral Tribunal to:
(a) correct in the Award any errors in computation, any clerical or typographical errors, or any errors of a similar nature; and/or
(b) give an interpretation of a specific dispositive point or part of the Award that is improperly expressed or ambiguous on its face so as to allow the Award’s execution by the Parties.
34.17 If the Arbitral Tribunal considers the request to be justified, the Arbitral Tribunal must use best endeavours to make the correction or give the interpretation within ten working days of receipt of the request.
34.18 The Arbitral Tribunal may correct in the Award any errors in computation, any clerical or typographical errors, or any errors of a similar nature, on its own initiative within 30 calendar days of the date of the Award.
34.19 No additional Fees may be charged by the Arbitral Tribunal for correction or interpretation of an Award.
34.20 For the avoidance of doubt, the Arbitral Tribunal may extend, if necessary, the period of time within which it must make a correction or give an interpretation, except in the case of corrections made on its own initiative under Rule 34.18.
Additional Award
34.21 Within ten working days after the date upon which an Award is given to the Parties, a Party may, with notice to every other Party, request the Arbitral Tribunal to make an Additional Award as to claims presented in the arbitral proceedings but omitted from that Award.
34.22 If the Arbitral Tribunal considers the request to be justified, the Arbitral Tribunal must use best endeavours to make the Additional Award within ten working days of receipt of the request.
34.23 For the avoidance of doubt, the Arbitral Tribunal may extend if necessary the period of time within which it must make an Additional Award; and, the Arbitral Tribunal is entitled to be paid any Fees and Expenses incurred in respect of making an Additional Award insofar as such Fees and Expenses are otherwise payable under these Rules.
35.1 No Party may appeal to any court of competent jurisdiction at the Seat of the Arbitration on any question of law arising out of any Award made under these Rules.
36.1 Either before or immediately after submission of the Application for Arbitration, the Parties must pay NZIAC the Preliminary Payment as required by Rules 5.5-5.7.
36.2 The Preliminary Payment must include:
(a) the NZIAC Registration Fee;
(b) payment toward the NZIAC Administration Fee; and
(c) payment toward the Arbitral Tribunal’s Fees and Expenses,
as set out in Appendix 1 to these Rules.
37.1 Unless otherwise agreed by the Parties, the Arbitral Tribunal will fix the costs and expenses of the Arbitration, being the legal and other fees and expenses of the Parties, the Fees and Expenses of the Arbitral Tribunal, NZIAC’s administrative fees, and any other costs related to the Arbitration. The Arbitral Tribunal must direct which Party is to pay all or part of the costs and expenses of the Arbitration and may make an order for costs in favour of any Party.
37.2 Unless otherwise agreed by the Parties, the costs of the Arbitration reasonably and properly incurred by the successful Party will in principle be borne by the unsuccessful Party. However, the Arbitral Tribunal may apportion such costs between the Parties if it determines that apportionment is just in the circumstances of the case.
37.3 Unless the Arbitration is undertaken under NZIAC’s fixed fee service, the Arbitral Tribunal is entitled to fix and be paid a Fee by the Parties that is reasonable having regard to the duties of the Arbitral Tribunal, which Fee may not, except in exceptional circumstances, exceed the Scheduled Maximum Fee, together with all Expenses and outgoings incurred by the Arbitral Tribunal in the execution of those duties in accordance with the terms and conditions set out in Appendix 1 to these Rules.
37.4 An arbitrator is entitled to fix and be paid an Additional Fee to determine any application for Interim Relief, early dismissal of the Claim or Defence, Joinder, or Consolidation.
37.5 In making decisions as to costs, the Arbitral Tribunal is not required to apply the rates or procedures for assessing such costs practised by any state court or other legal authority. The Arbitral Tribunal may take into account such matters as it considers relevant, including without limitation: whether the costs are reasonably proportionate to the amount at stake; the complexity and importance of the case; the nature of the work involved; whether the costs have actually and reasonably been incurred; incompetent presentation of case; whether a settlement offer no less favourable than the Award was made and rejected; the extent to which a Party or its Representative has caused costs to be incurred unnecessarily by engaging in conduct that has disrupted or delayed the Arbitration; any breach of Rule 13.6; raising allegations or objections that are without substantial merit; bad faith on the part of that Party or its Representative; or contemptuous or improper conduct on the part of that Party or its Representative during the Arbitration.
37.6 Unless otherwise agreed by the Parties, any order for costs must be made with reasons in the Award containing such order.
37.7 Notwithstanding the provisions of Rules 33.4, 34.14, and 37.1, the Parties will at all material times remain jointly and severally liable to pay NZIAC’s administrative fees and the Arbitral Tribunal’s Fees and Expenses, whether the Arbitration is abandoned, suspended, withdrawn, or concluded by agreement or otherwise, before the Arbitral Tribunal makes an Award fixing the costs and expenses of the Arbitration, together with any additional costs incurred by NZIAC in recovering any overdue monies, on a full indemnity basis.
38.1 The Arbitral Tribunal must conduct the Arbitration in private.
38.2 The Parties, their Representatives, the Arbitral Tribunal, NZIAC, and any other person involved in the Arbitration, must keep confidential and not publish, communicate, or otherwise supply (disclose) confidential information to any non-party. Confidential information includes all non-public materials and information that relates to the Arbitration or to any Award made in that proceeding and includes:
(a) the fact of the Arbitration itself;
(b) all statements, pleadings, submissions, or other information supplied to the Arbitral Tribunal by a Party;
(c) all evidence, whether documentary or otherwise, supplied to the Arbitral Tribunal;
(d) any notes made by the Arbitral Tribunal;
(e) all recordings or transcripts of evidence or submissions given before the Arbitral Tribunal;
(f) all rulings, orders, or Awards of the Arbitral Tribunal; and
(g) all non-public materials and information provided for the Arbitration by a Party, including documents used or generated by a Representative or advisor to a Party to the Arbitration.
(Confidential Information)
38.3 If a Party seeks to involve, or is required to involve in the Arbitration, a non-party, including a Representative, fact or expert witness, translator, interpreter, or any other person, that Party must secure the non-party’s advance agreement to preserve the confidentiality of the Confidential Information. This agreement must be recorded in the form provided at Appendix 3 to these Rules and a copy of the Confidentiality Agreement signed by each non-party must be provided to the Arbitral Tribunal by that Party as a condition of that non-party’s participation in the Arbitration.
38.4 Notwithstanding Rules 38.1-38.3, NZIAC, a Party, a Representative, the Arbitral Tribunal, or a non-party involved in the Arbitration, may disclose Confidential Information to the extent necessary to:
(a) prosecute or defend the Arbitration or proceedings related to it (including enforcement or annulment proceedings);
(b) pursue a legal right;
(c) protect a Party’s legal rights in relation to a third party;
(d) respond to a legitimate subpoena, governmental request for information, or other compulsory process;
(e) seek legal, accounting, or other professional services, or satisfy information requests of potential acquirers, investors or lenders, provided that in each case the recipient agrees in advance to preserve the confidentiality of the Confidential Information; or
(f) comply with the order of a court of competent jurisdiction, or the law of any State which is binding on the Party making the disclosure,
provided always that such publication, disclosure, or communication is no more than what is reasonably required for those purposes.
38.5 Any person intending to make disclosure under Rule 38.4 must, within a reasonable period of time prior to the intended disclosure, notify the Arbitral Tribunal, every Party, and NZIAC.
38.6 The notification must include full details of the intended disclosure and an explanation of the reason for it. Where such a question arises in the course of an Arbitration, the Arbitral Tribunal must determine whether the disclosure meets the requirements of Rule 38.4 after each Party has been given an opportunity to be heard.
38.7 Notwithstanding the foregoing, the Arbitral Tribunal may, during the course of the Arbitration, permit disclosure of Confidential Information outside the categories set out in Rule 38.4 where the Arbitral Tribunal is satisfied that it is reasonably required and just in the circumstances. For permission to be granted, at least one Party must refer that question to the Arbitral Tribunal, and every other Party must be given an opportunity to be heard.
38.8 If a Party breaches the provisions of Rules 38.2-38.7 before a Final Award is made, the Arbitral Tribunal may, after giving the Parties notice and a reasonable opportunity to be heard, take any appropriate measure including, without limitation:
(a) issuing orders requiring the defaulting Party to act or refrain from acting in a particular way; and
(b) making an award of damages.
38.9 The Parties expressly agree that any court proceedings related to the Arbitration must, to the full extent permitted by the law in that jurisdiction, be conducted in private.
39.1 The Parties, together and separately, release and discharge the members of the Arbitral Tribunal and NZIAC, its agents and employees, from all liability of any kind (whether involving negligence, misrepresentation, breach of contract, or breach of any equitable, fiduciary, statutory or other duty, or otherwise) which may be alleged to arise in connection with, or to result from, or to in any way relate to the exercise of any of their functions, duties or powers, whether under the procedural law of the Arbitration, under these Rules, or otherwise, unless the act or omission is the fraudulent act of the Arbitral Tribunal, NZIAC, its agents or its employees. Any member of the Arbitral Tribunal, NZIAC, or any agent or employee of NZIAC who has not acted fraudulently and is shown to be unaware of the fraud of any other person, will continue to be released and discharged from liability as provided in these Rules.
39.2 No statements or comments, whether written or oral, made or used by the Arbitral Tribunal, NZIAC, its agents or employees, in connection with, or resulting from, or in any way relating to the Arbitration, may be relied upon to found or maintain any action for defamation, libel, slander, or any related complaint.
39.3 The Parties, together and separately, undertake to indemnify and keep indemnified the members of the Arbitral Tribunal and NZIAC, its agents and employees, against all claims, costs, expenses, liabilities, awards, damages, and proceedings of any kind (properly sustained or incurred by them directly, or indirectly made by any third party) in relation to, or in connection with, the exercise of their functions, duties, or powers, whether under the procedural law of the Arbitration, under these Rules, or otherwise, unless the act or omission is the fraudulent act of the Arbitral Tribunal, NZIAC, its agents or its employees. If a member of the Arbitral Tribunal, NZIAC, or any agent or employee of NZIAC has not acted fraudulently and is shown to be unaware of the fraud of any other person, he or she will continue to be indemnified as provided in these Rules.
39.4 After the Final Award is made and all possibilities of correction, interpretation, or Additional Awards have expired, NZIAC, its agents and employees, the Arbitral Tribunal, and any expert appointed by the Arbitral Tribunal, will not be under any legal obligation to make any statement to any person about any matter concerning the Arbitration, nor shall any Party seek to call any of these persons to give evidence in any legal proceedings arising out of or in connection with the Arbitration.
39.5 The purpose of Rules 39.1-39.4 is to provide the Arbitral Tribunal, NZIAC, its agents and employees, and any expert appointed by the Arbitral Tribunal, with the widest immunity from liability that the law will allow.
40.1 Unless a Party requests the return of any original documents provided to the Arbitral Tribunal for the purpose of the Arbitration, all original documents will be destroyed by the Arbitral Tribunal after the expiry of three calendar months following the date of the last Award made by the Arbitral Tribunal in relation to the Arbitration.
41.1 Until the Arbitral Tribunal is formed, all communications relating to the Arbitration must be directed to the Registrar.
41.2 Thereafter, all communications between the Parties and the Arbitral Tribunal must be made directly to the Arbitral Tribunal and copied to the Registrar.
41.3 Any application, agreement, request, instruction, direction, response, notice, or other communication required or referred to in these Rules, or in any Appendix to these Rules, must be made in writing. If it is in electronic form, it must be readily accessible so as to be available for subsequent reference.
41.4 All notifications, documents, or information provided to the Arbitral Tribunal by a Party must simultaneously be communicated by that Party to every other Party and the Registrar.
41.5 Routine communications and notifications between NZIAC, the Arbitral Tribunal, and the Parties, may validly be made by email, or any other means of communication that provides or allows for a record of transmission.
41.6 The Claim, the Defence and Counterclaim, the Reply and Defence to the Counterclaim, and any further submissions, documents, or evidentiary material requested or directed by the Arbitral Tribunal to be provided by any Party, must be delivered to the Arbitral Tribunal and every other Party at the email address for service designated by each Party or authorised by the Arbitral Tribunal for the purpose of the Arbitration, and if so delivered, will be deemed to have been received.
41.7 In the absence of such designation or authorisation, a document is:
(a) received if it is physically delivered to the addressee;
(b) deemed to have been received if it is left at the usual place of business, habitual residence, or mailing address of the addressee; or
(c) deemed to have been received if, after reasonable efforts, delivery cannot be effected, it is sent to the addressee’s last known place of business, habitual residence, or mailing address, by registered letter or any other means that provides a record of the attempt to deliver it.
41.8 The communication will be deemed to have been received on the day it is so delivered.
41.9 A notice transmitted by electronic means is deemed to have been received on the day it is sent, excepting a Notice of Arbitration which is only deemed to have been received on the day when it reaches the addressee’s electronic address.
42.1 All decisions of NZIAC with respect to its functions and obligations under these Rules are final and binding on the Parties and the Arbitral Tribunal. Such decisions are of an administrative nature and, unless the Rules expressly provide otherwise, NZIAC is not required to state or communicate reasons for its decisions.
42.2 By agreeing to Arbitration under these Rules, the Parties and the Arbitral Tribunal are deemed to have agreed not to apply to any court, judicial authority, or any other body having jurisdiction, for any relief regarding NZIAC’s jurisdiction or authority under these Rules, so far as that agreement is not inconsistent with the law of the Seat of Arbitration.
42.3 In all matters not expressly provided for in these Rules, the Parties, NZIAC, and the Arbitral Tribunal must act in the spirit of these Rules and must make every effort to ensure that an Award made under these Rules is enforceable.
42.4 The Registrar may from time to time issue Practice Notes to supplement, regulate, and implement these Rules for the purpose of facilitating the administration of Arbitrations governed by these Rules.
NZIAC provides a fully administered arbitration service. To ensure that the cost of arbitration is proportionate to the amount in dispute, our arbitrators’ fees are capped based on the amount in dispute.
For the purpose of calculating the amount in dispute, the GST, value added tax, or any other similar tax which might apply, inclusive value of all claims, counterclaims, and affirmative defences in New Zealand dollars must be added together.
Interest will not be taken into account unless the interest claimed by a Party exceeds the aggregate principal amount, in which case the amount in dispute will be calculated on the value of the interest claim alone.
All sums stated are in New Zealand dollars and are inclusive of GST (if any).
A Preliminary Payment must be made to NZIAC either before or immediately after the submission of the Application for Arbitration. The Preliminary Payment must include:
(a) the Registration Fee;
(b) a payment toward the Administration Fee, to be calculated in accordance with the Applicant’s reasonable assessment of the aggregate amount in dispute; and
(c) a payment toward Security for the Arbitral Tribunal’s Fees and Expenses, to be calculated in accordance with the Applicant’s reasonable estimate of the aggregate amount in dispute.
No administrative or procedural steps will be taken by NZIAC in relation to the appointment of the Arbitral Tribunal until the Preliminary Payment has been paid in full.
In accordance with Rules 5.5-5.7, the Parties must pay NZIAC a non-refundable Registration Fee of:
(a) $2,000.00 for Arbitration with one arbitrator; or
(b) $3,000.00 for Arbitration with more than one arbitrator.
In accordance with Rules 5.5-5.7, the Parties must pay NZIAC a non-refundable Administration Fee in accordance with the following schedule:
Amount in Dispute
Administration Fee
≤ $249,999.99 $1,250.00
$250,000.00 ≤ $499,999.99 $1,250.00 plus 0.7% on the amount above $250,000.00
$1,000,000.00 ≤ $2,499,999.99 $5,000.00 plus 0.16% on the amount above $1,000,000.00
$2,500,000.00 ≤ $4,999,999.99 $7,500.00 plus 0.1% on the amount above $2,500,000.00
$5,000,000.00 ≤ $9,999,999.99 $10,000.00 plus 0.1% on the amount above $5,000,000.00
$10,000,000.00 ≤ $49,999,999.99 $15,000.00 plus 0.0125% on the amount above $10,000,000.00
$50,000,000.00 ≤ $99,999,999.99 $20,000.00 plus 0.02% on the amount above $50,000,000.00
≥ $100,000,000.00 $30,000.00 plus 0.01% on the amount above $100,000,000.00 up to a maximum of $50,000.00
Declaratory relief only $3,000.00
Urgent Interim Relief
Where Urgent Interim Relief is sought, the applicant must pay NZIAC an additional non-refundable Administration Fee at the time the application for Urgent Interim Relief is made, in accordance with the following schedule:
Amount in Dispute Administration Fee – Urgent Interim Relief
$250,000.00 ≤ $499,999.99 $1,250.00
$1,000,000.00 ≤ $2,499,999.99 $1,625.00
$10,000,000.00 ≤ $49,999,999.99 $2,500.00
≥ $100,000,000.00 $3,000.00
The Administration Fee does not include the Fees and Expenses of the Arbitral Tribunal, or usage, hire, and cost of facilities and support services for and in connection with the Arbitration.
Fixed fee service under NZIAC EIA60 Rules
NZIAC provides a fully administered fixed fee arbitration service under the NZIAC EIA60 Rules for disputes where the Claim is for a monetary amount and the amount claimed by the Claimant is less than NZ$100,000.00, and where there are three or less items in dispute in the Claim and Counterclaim. The number of items at issue that may be dealt with under the fixed price low value claim service is strictly limited.
No conference of the Parties or inspection of the subject matter of the dispute or any other thing related to the dispute is included in the fixed fee.
Under the fixed fee service, NZIAC charges the following Fee for the Arbitral Tribunal's services:
Amount in dispute Fee Documents that each Party may file in support of the Claim or Counterclaim:
≤ $19,999.99 $3,750.00 Contract Documents together with 15 single sided A4 pages of submissions and evidence in relation to the Claim or Counterclaim.
$20,000.00 ≤ $39,999.99 $6,500.00 Contract Documents together with 20 single sided A4 pages of submissions and evidence in relation to the Claim or Counterclaim.
$40,000.00 ≤ $59,999.99 $10,000.00 Contract Documents together with 30 single sided A4 pages of submissions and evidence in relation to the Claim or Counterclaim.
A Notice of Appointment of the Arbitral Tribunal will not be served on the Parties by NZIAC until the Parties have paid (in clear funds) into the trust account of NZIAC the prescribed Fee in full as security for the Arbitral Tribunal’s Fees and Expenses in accordance with the above schedule.
Where the amount in dispute is equal to or exceeds NZ$100,000.00, or the nature of the claim does not otherwise meet the criteria for NZIAC's fixed fee service, the arbitrator is entitled to fix a Fee to be paid by the Parties that is reasonable having regard to work done by the arbitrator, and which Fee may not, except in exceptional circumstances, exceed the maximum amount in the following schedule (Scheduled Maximum Fee):
Amount in Dispute Fee
≤ $249,999.99 $30,000.00
$250,000.00 ≤ $499,999.99 $35,000.00 plus 2% on the amount above $250,000.00
$1,000,000.00 ≤ $2,499,999.99 $55,000.00 plus 2% on the amount above $1,000,000.00
$5,000,000.00 ≤ $9,999,999.99 $125,000.00 plus 0.5% on the amount above $5,000,000.00
$10,000,000.00 ≤ $49,999,999.99 $150,000.00 plus 0.125% on the amount above $10,000,000.00
$50,000,000.00 ≤ $99,999,999.99 $200,000.00 plus 0.2% on the amount above $50,000,000.00
≥ $100,000,000.00 $300,000.00 plus 0.01% on the amount above $100,000,000.00 up to a maximum of $500,000.00
Declaratory relief only $40,000.00
In exceptional circumstances NZIAC may, on application by an arbitrator, copied to every Party, fix the amount that the arbitrator is entitled to be paid at a higher figure than the Scheduled Maximum Fee after allowing every Party an opportunity to respond. If a Party wishes to exercise that right, that Party must within five working days of receipt of the arbitrator’s application for additional payment, communicate its response to NZIAC, the arbitrator, and every other Party.
For the purpose of supporting a claim for additional payment, the arbitrator’s all-inclusive hourly rate may not exceed NZ$850.00 per hour for time engaged on the duties of the Arbitration.
For the avoidance of any doubt, a decision by NZIAC to increase the Fee that an arbitrator is entitled to be paid above the Scheduled Maximum Fee is a decision of an administrative nature made under Rule 42.1.
NZIAC is entitled to recover the actual, reasonable Expenses of the Arbitration in addition to the Fee.
If an arbitrator becomes in fact or in law, or by reason of infirmity, unable to perform the functions of that office, or withdraws from office, or is replaced in accordance with Rules 6.18 or 7.1-7.7, NZIAC will decide the amount of Fees and Expenses to be paid to the replaced arbitrator (if any). NZIAC will take into consideration the circumstances of the case, including, but not limited to, the basis for withdrawal or grounds for replacement, the work done by the arbitrator in connection with the Arbitration, and the complexity of the subject matter.
Security for Arbitral Tribunal's Fees and Expenses
A Notice of Appointment of the Arbitral Tribunal will not be served on the Parties by NZIAC until the Parties have paid (in clear funds) into the trust account of NZIAC the prescribed security for the Arbitral Tribunal’s Fees and Expenses in accordance with the following schedule:
Amount in dispute Security Amount
1 Arbitrator 3 Arbitrators
≤ $249,999.99 $10,000.00 $25,000.00
$250,000.00 ≤ $499,999.99 $15,000.00 $35,000.00
$1,000,000.00 ≤ $2,499,999.99 $25,000.00 $55,000.00
$10,000,000.00 ≤ $49,999,999.99 $40,000.00 $85,000.00
≥ $100,000,000.00 $50,000.00 $100,000.00
Declaratory relief only $20,000.00 $45,000.00
Security amount not an estimate
Any amount paid as security for the Arbitral Tribunal’s Fees and Expenses is merely an initial advance against the Arbitral Tribunal’s Fees and Expenses which will be calculated in accordance with the criteria set out in this Appendix to the Rules.
The initial advance is a nominal amount only and is not an estimate of the cost of the Arbitration. The Arbitral Tribunal is entitled to fix a Fee to be paid by the Parties that is reasonable having regard to work done, which Fee may not, except in exceptional circumstances, exceed the Scheduled Maximum Fee set out above, together with any Additional Fee or Cancellation Fee that the Arbitral Tribunal is entitled to under these Rules.
Interim Relief, Summary Procedure, Joinder, and Consolidation
Whether the Arbitration proceeds under the fixed fee service or general service, an arbitrator is entitled to fix and be paid an amount by the Parties, over and above the Scheduled Maximum Fee, which is reasonable having regard to the work done by the arbitrator to determine any application for Interim Relief, early dismissal of a Claim or Defence, Joinder, or Consolidation (Additional Fee).
In the event of any dispute arising in relation to the Additional Fee fixed by the arbitrator, NZIAC will determine the additional amount that the arbitrator is entitled to be paid after allowing every Party an opportunity to respond. If a Party wishes to exercise that right, that Party must within five working days of receipt of notice of the proposed Additional Fee communicate its response to NZIAC and the arbitrator.
For the avoidance of any doubt, a decision by NZIAC as to the Additional Fee that an arbitrator is entitled to be paid for determining any application for Interim Relief, early dismissal of a Claim or Defence, Joinder, or Consolidation, is a decision of an administrative nature made under Rule 42.1.
Security for Interim Relief, Summary Procedure, and Joinder
Where Interim Relief, early dismissal of a Claim or Defence, or Joinder is sought, the applicant must pay NZIAC an additional amount as security for the Arbitral Tribunal’s Fees and Expenses in accordance with the following schedule:
Amount in Dispute Additional Security
$500,000.00 ≤ $999,999.99 $10,000.00
$1,000,000.00 ≤ $2,499,999.99 $11,125.00
$10,000,000.00 ≤ $49,999,999.99 $17,500.00
≥ $100,000,000.00 $20,000.00
Supplementary advances and interim payments
During the course of the Arbitration, NZIAC may from time to time request one or several further supplementary, interim, and/or final advances and deposits from the Parties towards the Fees or Expenses of the Arbitration, incurred or to be incurred on behalf of, or for the benefit of the Parties. All such advances are to be paid into the trust account of NZIAC on demand.
The Registrar may, from time to time on instruction of the Arbitral Tribunal, apply the advances and deposits paid by the Parties as security towards interim payments to the Arbitral Tribunal and render an updated statement of accounting to the Parties. Any interest which may accrue on such deposits will be retained by NZIAC as its own property.
Multiple Parties
In Arbitrations involving multiple Parties the provisions in sections 1-4 apply mutatis mutandis, save for the Registration Fee shall be increased by a factor of 50% of the relevant scheduled amount for the third and every other additional Party to the Arbitration.
The Preliminary Payment must be made to NZIAC either before or immediately after submission of the Application for Arbitration.
NZIAC may from time to time request one or more Supplementary Payments from the Parties towards the Fees and Expenses of the Arbitration, incurred or to be incurred on behalf of, or for the benefit of the Parties.
If the actual aggregate amount in dispute is greater than the value used for the purpose of calculating the Preliminary Payment, the final Supplementary Payment must include:
(a) the remaining balance of the Administration Fee, to be calculated in accordance with the schedule in section 3 of this Appendix; and
(b) the remaining balance of the Arbitral Tribunal’s Fees and Expenses, to be calculated in accordance with the criteria set out in this Appendix to the Rules.
The Parties must pay all Supplementary Payments within three working days of receipt of request by NZIAC for such additional Fees and Expenses.
If any required deposit or advance is not paid in full within three working days after receipt of the request, the Registrar will so inform the Parties in order that one or another of them may make the required payment. If payment is not made within a further five working days, the Arbitral Tribunal may order the suspension or termination of the Arbitration.
If the Fees and Expenses of the Arbitration are less than the amount held by NZIAC as security, NZIAC will provide the Arbitral Tribunal’s Award to the Parties as soon as practicable after the Arbitral Tribunal has made its Award.
In the event that the Fees and Expenses of the Arbitration are greater than the amount held as security, the Parties will be advised as soon as practicable by NZIAC of the Arbitral Tribunal’s actual Fees and Expenses, and the Parties will be requested to pay the balance in order to uplift the Award. When the balance is paid in full, a copy of the Award will be provided to each of the Parties by NZIAC. The Award finally determining the substantive matters at issue between the Parties will not be released to the Parties by NZIAC until the Administration Fee and the Fees and Expenses of the Arbitral Tribunal have been paid to NZIAC in full.
As soon as practicable after the Final Award has been provided to the Parties, NZIAC will render a final statement of accounting to the Parties of deposits and advances received and payments made to the Arbitral Tribunal, and NZIAC will reimburse any unexpended balance of the security amount to the Parties in the manner determined by the Arbitral Tribunal.
No administrative or procedural steps will be taken by NZIAC while any payment is due under these Rules.
The Parties are free to make any arrangements as between them for payment of the Arbitration Fees and Expenses.
However, and notwithstanding any such agreement as between the Parties, the Parties will at all times be jointly and severally liable for the Arbitral Tribunal’s Fees and Expenses, whether or not it makes an Award fixing the costs and expenses of the Arbitration, together with the NZIAC Administration Fee and any costs howsoever incurred by NZIAC in recovering any overdue monies on a full indemnity basis.
Payment of all NZIAC Fees and Arbitration Expenses may be made by direct credit, bank transfer, or by credit card (Visa and MasterCard only). A merchant fee of 2.95% is payable in addition to the published NZIAC Fee for all credit card payments.
All Fees, Expenses, and costs related to the Arbitration will be invoiced in New Zealand dollars, but may be paid in other convertible currencies at rates prevailing at the time of payment, provided that any transfer and/or currency exchange charges must be borne by the payer.
In the event that the dispute is settled or the Arbitration Agreement is withdrawn by the Parties before a Partial Award is made that determines all of the matters at issue, the Arbitral Tribunal’s Fees and Expenses incurred prior to that date, including any entitlement to Cancellation Fees and any outstanding balance of the NZIAC Administration Fee will be deducted from the amount paid as security by the Parties for the costs of the Arbitration.
The balance of the security monies will be refunded to the Parties in the proportions in which the security payment was made, unless the Parties agree otherwise and instruct NZIAC accordingly in writing within five working days of notice of settlement or withdrawal of the Arbitration Agreement.
In the event that the combined amount of the Fees and Expenses and the NZIAC Administration Fee are greater than the amount held as security, the Parties must pay the balance within five working days of receipt of notification by NZIAC of such additional Fees and Expenses.
In any case where a Party notifies the Arbitral Tribunal in writing that a scheduled conference, inspection, or hearing date is to be vacated, whether or not the dispute between the Parties has been settled, or the conference, inspection, or hearing is adjourned by agreement, or the Application for Arbitration is withdrawn or terminated by the Parties for any reason whatsoever, and the notice is received by the Arbitral Tribunal between 15 and 11 working days from and including the date of the scheduled conference, inspection, or hearing, the Arbitral Tribunal may charge a Fee in the amount of 50% of the Arbitral Tribunal’s daily charges for the entire period of time set aside for attendances on the same (Cancellation Fee).
If such notice is received ten working days or less from and including the date of the scheduled conference, inspection, or hearing, the Arbitral Tribunal may charge a Cancellation Fee in the amount of 75% of the Arbitral Tribunal’s daily charges for the entire period of time set aside for attendances on the same.
For the purpose of calculating Cancellation Fees, an arbitrator’s daily charges may not exceed eight hours at an all-inclusive hourly rate of NZ$850.00 per hour.
By an Agreement
Dated this day of (month) (year)
Respondent
Together, the Parties
The Claimant and the Respondent are Parties to (define legal relationship):
Entered into on or about (enter date):
For, or in relation to (enter detail):
The Claimant and the Respondent have agreed that [all matters in dispute between them / the matters in dispute between them set out in the Schedule attached hereto (delete one)] shall be referred to Arbitration for final determination in accordance with the Arbitration Rules of the New Zealand International Arbitration Centre (NZIAC Arbitration Rules).
The number of arbitrators will be one. [or where the amount in dispute is ≥ NZ $2.5M may choose three]
The language to be used in the Arbitration will be English. [or choose another language]
The governing law of the contract will be the substantive law of New Zealand. [or choose another country]
On execution of this Arbitration Agreement, any Party may initiate the Arbitration by completing an Application for Arbitration in terms of Rule 5.4.
For the avoidance of doubt, under this Arbitration Agreement the Claimant is not required to serve a Notice of Arbitration under Rule 5.1 to initiate the Arbitration or to attach such Notice to the Application for Arbitration under Rule 5.4(b).
Notices to the Claimant:
Notices to the Claimant shall be given to an address for service which is:
Notices to the Respondent:
Notices to the Respondent shall be given to an address for service which is:
I certify that: I have read and understood this Arbitration Agreement and the NZIAC Arbitration Rules; and
I agree to be bound by the terms of this Arbitration Agreement and the NZIAC Arbitration Rules.
Claimant Respondent
Signature: Signature:
Name: Name:
Position: Position:
In the presence of:
Address: Address:
Occupation: Occupation:
SCHEDULE OF MATTERS IN DISPUTE FOR REFERENCE TO ARBITRATION
The Parties have agreed that the following matters in dispute are the matters to be submitted to Arbitration:
(a) [ ]
(b) [ ]
I have read and understand that I am bound by Rules 38.2-38.7 of the NZIAC Arbitration Rules. I understand that by being involved in, or being privy to, NZIAC Arbitration, I am bound by these Rules.
I understand that I am not to disclose any information obtained in the course of the Arbitration, including the fact of the Arbitration itself, except in accordance with Rules 38.4-38.7.
I understand that I owe all Parties, NZIAC, the Arbitral Tribunal and any other non-parties involved in the Arbitration, a duty of confidence, and that failure to comply with this duty may result in legal consequences.
I understand that if I intend to make a disclosure of any Confidential Information, I must notify all persons listed in Rule 38.5.
Dated this day of (month)
(year)
These Guidelines are intended to assist experts, Parties, and their Representatives, to understand experts’ obligations and NZIAC’s requirements in relation to the preparation of reports, joint conferences of experts, and the hearing of concurrent evidence in Arbitration under these Rules.
1.1 NZIAC wishes to ensure that experts understand their responsibilities and obligations, and that a common approach to the preparation of reports is adopted and followed.
1.2 An expert report should clearly state:
(a) the expert’s qualifications and the expert’s expertise and experience in relation to the issues the subject of the report;
(b) the issues that the evidence of the expert addresses;
(c) that the evidence is within the expert’s area of expertise and, if applicable, the issues that fall outside of the expert’s expertise;
(d) all instructions that define the scope of the report or evidence, both original and supplementary, and whether in writing or oral;
(e) the facts and assumptions on which the opinions of the expert are based; and
(f) the expert’s opinion on the issues referred to him or her, based on paragraphs (a) to (e) above, and the reasons for the opinions given by the expert.
1.3 The report should specify any literature, general body of scientific knowledge, or other material used or relied on in support of the opinions expressed by the expert.
1.4 The report should describe any examinations, tests, or other investigations on which the expert has relied, and give the details and qualifications of any person who carried them out.
1.5 Technical experts should not comment or report on legal questions of liability.
1.6 An expert who changes his or her opinion on a material matter on the basis of another expert’s report, or for any other reason, must communicate the change of opinion to the Party retaining the expert, and such Party must immediately file with the Arbitral Tribunal and every other Party to the proceeding, notice of such change of opinion, and the notice must specify the reason or reasons why the expert’s opinion has changed.
2.1 To minimise the length and complexity of hearings, experts will generally be ordered to meet and confer with other experts for the purpose of trying to reach agreement on matters within the field of expertise of the experts and for preparing a joint statement stating the matters on which the experts agree, the matters on which they do not agree, and the reasons for their disagreement.
2.2 The joint conference of experts may be conducted at any venue that the Parties may agree, or in the absence of agreement, at any venue directed by the Arbitral Tribunal.
2.3 The matters discussed between the experts at the conference must remain confidential to those experts and must not be referred to at the hearing unless the Parties who have engaged the experts all agree. However, the joint statement will be open.
2.4 The joint statement must be signed by the experts at the end of the conference.
2.5 The Claimant must file the joint statement with the Arbitral Tribunal and every other Party within two days of the conference.
2.6 The Parties and/or their Representatives may not attend the joint conference of experts and they must not review a copy of the joint statement before it is completed and signed by the experts.
3.1 It is expected that in preparing the joint statement, the experts will confer and genuinely endeavour to reach agreement on any matters at issue within their field of expertise, narrow any points in difference between them, and identify any remaining points of difference. As part of that process, the experts may agree a scope of works for further testing and monitoring, and a timetable for the carrying out of such testing and monitoring.
3.2 While experts are free to disagree, such disagreement must come from the free exercise of their own independent, professional judgment. Experts must not be influenced by, or act upon, any instruction or request to withhold or avoid agreement.
3.3 In the context of a joint conference of experts, it is likely that there will be a fuller revelation of the relevant facts. The preparation of the joint statement is intended to allow experts to reconsider and revise their opinions where appropriate in a professional and non-adversarial environment if new evidence and relevant material becomes available.
3.4 A joint statement must:
(a) identify the areas of agreement and disagreement with reasons for any disagreement;
(b) include any alternative recommendations; and
(c) be signed by all experts who participated in the joint meeting of experts before it is filed with the Arbitral Tribunal and the Parties.
4.1 It should be expected that all expert evidence will be heard concurrently unless there is a single expert appointed or the Arbitral Tribunal directs that expert evidence is to be given in an alternate manner. The process enables experts to express opinions they have on a particular subject in their own words, and to answer questions from the Arbitral Tribunal, the Parties’ Representatives, and from their professional colleagues.
4.2 Subject to the discretion of the Arbitral Tribunal, the hearing of concurrent evidence will generally proceed on the following basis:
(a) the experts will be sworn in at the same time;
(b) the joint statement will form the basis of the concurrent evidence;
(c) the Arbitral Tribunal will identify with the help of the Parties’ Representatives, and in the presence of the experts, the topics that require discussion in order to resolve the outstanding issues;
(d) the Arbitral Tribunal will then ask each expert to briefly summarise the expert’s position on the first issue;
(e) general discussion on the issue will follow during which the experts can ask each other questions and discuss issues;
(f) the Arbitral Tribunal may ask questions of any of the experts and the Parties’ Representatives will be invited to ask any questions of their own or any other witness; and
(g) each topic or issue will be dealt with in turn.
1.1 This Code of Conduct applies to any expert witness engaged or appointed to give opinion evidence or to provide an expert report for use as evidence in Arbitration under these Rules.
2.1 An expert witness has an overriding duty to assist the Arbitral Tribunal impartially on matters relevant to the expert’s area of expertise.
2.2 The expert witness is not an advocate for the Party retaining the witness.
2.3 The expert witness must comply with any directions or orders of the Arbitral Tribunal.
3.1 In any report or statement of evidence, the expert witness must:
(a) acknowledge that the expert witness has read this Code of Conduct and agrees to be bound by it;
(b) state the expert witness’ qualifications and the expert witness’ expertise and experience in relation to the issues the subject of the report;
(c) state the issues that the evidence of the expert witness addresses;
(d) state that the evidence is within the expert witness’ area of expertise, and if applicable, the issues that fall outside of the expert witness’ expertise;
(e) state all instructions that define the scope of the report or evidence, both original and supplementary, and whether in writing or oral;
(f) state the facts and assumptions on which the opinions of the expert witness are based;
(g) state the expert witness’ opinion on the issues referred to him or her based on paragraphs (a) to (f) above, and the reasons for the opinions given by the expert witness;
(h) specify any literature or other material used or relied on in support of the opinions expressed by the expert witness; and
(i) describe any examinations, tests, or other investigations on which the expert witness has relied, and give the details and qualifications of any person who carried them out.
3.2 If an expert witness believes that his or her evidence, or any part of it, may be incomplete or inaccurate without some qualification, that qualification must be stated in his or her evidence.
3.3 If an expert witness considers that his or her opinion is not a concluded opinion because of insufficient research, or data, or for any other reason, this must be stated in his or her evidence.
3.4 If an expert witness changes his or her opinion on a material matter after providing an expert’s report to the Party engaging him or her (or that Party’s Representative), the expert witness must immediately communicate the change of opinion to the Party retaining the expert (or that Party’s Representative) and provide a supplementary report. The report must specify the reason or reasons why the expert’s opinion has changed and must contain such of the information in paragraph 3.1 above as is relevant.
4.1 An expert witness must comply with any direction of the Arbitral Tribunal to:
(a) confer with any other expert witness on the matters on which the Arbitral Tribunal directs the expert witnesses to confer in the absence of the Representatives of the Parties;
(b) endeavour to reach agreement on any matters at issue within the field of expertise of the expert witnesses, to narrow any points in difference between them, and to identify any remaining points of difference; and
(c) prepare and sign a joint statement stating the matters on which the expert witnesses agree and the matters on which they do not agree, and the reasons for their disagreement.
4.2 The expert witness must exercise his or her independent, professional judgment in relation to conferring with another expert witness and the preparation of a joint statement and must not act on the instructions or directions of any person to withhold or avoid agreement.
AGREEMENT TO ACT AS ARBITRAL SECRETARY AND STATEMENT OF AVAILABILITY, INDEPENDENCE, AND IMPARTIALITY
Case No:
The Arbitral Tribunal has proposed that I, be appointed to act as Arbitral Secretary in this matter.
(a) I have been informed by the Arbitral Tribunal as to the names of the Parties and their Representatives and I have familiarised myself with the NZIAC Arbitration Rules and these Terms of Agreement;
(b) I am ready, willing, and able to devote sufficient time, diligence, and effort to act as Arbitral Secretary in this matter;
(c) I am impartial and independent of the Parties to the Arbitration. To the best of my knowledge there are no circumstances, past or present, likely to give rise to justifiable doubts as to my impartiality or independence in the eyes of any of the Parties;
(d) I undertake to assume a continuing duty to immediately disclose to the Arbitral Tribunal any circumstances arising in the future which may be likely to give rise to justifiable doubts as to my impartiality or independence in the eyes of any of the Parties, which duty continues until the Arbitration is concluded;
(e) I undertake to act in accordance with the NZIAC Arbitration Rules and the further terms and conditions set out in this Agreement; and
(f) my curriculum vitae attached to this Agreement is current and all facts and matters disclosed therein are true and correct in all respects.
The Arbitral Secretary shall perform such tasks as the Arbitral Tribunal or the Presiding Arbitrator may assign, which may include, but are not limited to:
(a) organising and maintaining the Arbitral Tribunal’s files and documents;
(b) attending hearings and meetings, taking notes or minutes, and recording evidence and exhibits;
(c) assisting the Arbitral Tribunal in the preparation and communication of its decisions to the Parties on issues of procedure and substance, including by preparing initial drafts of minutes, procedural orders, and non-substantive parts of Awards, and proof-reading any procedural orders or Awards that may be rendered by the Arbitral Tribunal;
(d) assisting the Arbitral Tribunal in the review of evidence and of the issues in dispute, including through the review of submissions and evidence, preparation of summaries and/or memoranda, checking authorities cited by the Parties, and research on specific factual or legal issues on the record; and
(e) providing other support to the Arbitral Tribunal or to its members at any time, including during hearings and deliberations which the Arbitral Secretary may attend.
The Arbitral Secretary shall, at all times, act strictly under the direction, instruction, control, and supervision of the Arbitral Tribunal.
The Arbitral Secretary shall not exceed the scope of the tasks assigned to him or her.
Under no circumstances shall the Arbitral Secretary perform any decision-making function, enter into any discussion of the merits, or otherwise attempt to influence the Arbitral Tribunal’s decision in any manner.
APPOINTMENT AND REMOVAL OF ARBITRAL SECRETARY
The Arbitral Tribunal may, after consulting with the Parties, appoint or remove an Arbitral Secretary at any stage of the Arbitration in terms of Rules 19.13-19.14.
A party may challenge the Arbitral Secretary's continuing appointment only for reasons which it becomes aware of after the appointment has been made. The procedure for challenge of an arbitrator set out in Rules 7.2-7.7 shall apply mutatis mutandis to reflect the different context.
If for any reason a substitute Arbitral Tribunal Secretary needs to be appointed, the procedure in Rule 19.14 shall apply.
As a general principle, the use of an Arbitral Secretary should reduce rather than add to the overall costs of the Arbitration.
The Arbitral Secretary shall be remunerated by the Arbitral Tribunal for time engaged on the duties of the Arbitration at the rate of NZ$........... per hour (including GST, value added tax, or any other similar tax, if any).
The Arbitral Secretary shall be reimbursed by the Parties for the actual and reasonable costs and expenses incurred in relation to the provision of the Arbitral Secretary’s duties upon receipt and verification by the Arbitral Tribunal of supporting invoices and receipts.
The Parties are jointly and severally liable for the costs and expenses of the Arbitral Secretary.
The Arbitral Secretary shall submit invoices to the Arbitral Tribunal on a bi-monthly basis.
The Arbitral Tribunal may instruct the Registrar to apply the advances and deposits paid by the Parties as security for the Arbitral Tribunal’s Fees and Expenses towards payments to the Arbitral Secretary and render an updated statement of accounting to the Parties.
The Arbitral Tribunal shall determine any disputes or differences concerning the Arbitral Secretary’s fees or expenses at its sole discretion. Where an Arbitral Secretary is removed, the Arbitral Tribunal shall decide the amount of Fees and Expenses (if any) that it considers appropriate to be paid to the removed Arbitral Secretary in the circumstances.
I have read and understand that I am bound by Rules 38.2-38.7. of the NZIAC Arbitration Rules. I understand that by being involved in, or being privy to, NZIAC Arbitration, I am bound by these Rules.
I understand that I owe all Parties, NZIAC, the Arbitral Tribunal, and any other non-parties involved in the Arbitration, a duty of confidence, and that failure to comply with this duty may result in legal consequences.
The Arbitral Secretary will not be under any legal obligation to make any statement to any person about any matter concerning the Arbitration, nor shall any Party seek to call the Arbitral Secretary to give evidence in any legal proceedings arising out of or in connection with the Arbitration.
The Parties shall accord the Arbitral Secretary with the same immunity as that accorded to the Arbitral Tribunal under Rules 39.1-39.5.
Material protected by this copyright notice may be reproduced and used by parties, or intending parties, to Arbitration administered by NZIAC, without formal permission or charge, provided that the material is reproduced accurately using the most up to date version, that the material is not used in a manner that is misleading or deceptive, and that the source and copyright of the material is acknowledged. Otherwise, no part of the material protected by this copyright notice may be copied, reproduced, utilised, adapted, distributed, republished, downloaded, modified, displayed, posted, stored in a retrieval system, printed, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or otherwise, on-sold, commercialised, or used to create derivative works, without NZIAC's express and prior written permission.
© New Zealand International Arbitration Centre 2018.
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Statement by the Minister of Foreign Affairs, Mr Nikos Christodoulides, on the occasion of the visit to Cyprus of the Minister of Foreign and European Affairs of Slovakia
I am very pleased to welcome to Cyprus my good friend and colleague, Ivan Korčok, and the members of his delegation.
Slovakia and Cyprus are both members of the big family of the European Union, having joined together in 2004, and I am very pleased to note that in many ways we are like-minded countries, with common approaches in most issues on our common EU agenda.
We had the opportunity, in the course of our deliberations today, to follow up on number of issues that are part of our rich bilateral dialogue.
We also, of course, exchanged views on current issues from our European agenda, as well as on regional and international affairs and developments that are of common interest and concern.
We noted with satisfaction that our bilateral cooperation is at a high level. Despite the fact that in recent years we have regularly exchanged high level visits, we deem necessary to further enhance contacts at all levels, as new opportunities and challenges create the need for ever closer dialogue and cooperation.
In this context, we agreed that it is essential to take concrete steps in creating additional opportunities and possibilities for the people of our countries to benefit. We, therefore, reaffirmed our willingness to finalise negotiations on pending bilateral documents in the areas of security and defence, as well as in education, and to work together for the re-establishment of direct flights between Cyprus and Slovakia, as soon as conditions allow, as these will nurture people to people contacts and increase bilateral cooperation in fields such as tourism, business and trade.
I had the opportunity to express to Ivan our appreciation for Slovakia’s unwavering position and indispensable support with regard to the Cyprus problem, as well as for his country’s contribution to the bi-communal dialogue through facilitation of the meetings between Greek-Cypriot and Turkish-Cypriot political parties. Needless to say, the invaluable contribution of the Slovak contingent to UNFICYP is nowadays more important than ever, given the increasing provocations by the Turkish occupation forces along the ceasefire line.
In the same vein, we discussed Turkey’s escalating provocations in relation to Varosha, as well as in Cyprus’s EEZ and maritime zones. Blatantly disregarding the calls by the international community, Turkey continues unabated with its plans to create new fait accompli on the ground. The international community cannot remain idle, especially at this particular point in time when the Secretary General of the UN is working to prepare the ground for the re-launching of negotiations, from the point where the last process was suspended in Crans Montana.
From an EU perspective, the European Council Conclusions adopted by the Leaders at the beginning of October expressed the Union’s readiness to set EU-Turkey relations on a positive footing, provided of course that Ankara stops violating the sovereign rights of the Republic of Cyprus, abstains from similar actions that breach International law in the future and ceases all illegal activities vis-à-vis Cyprus and Greece. In those same conclusions, the Council has additionally made it clear that it expects Turkey to support the speedy resumption of negotiations to resolve the Cyprus problem, under the auspices of the UN, and to remain committed to a comprehensive settlement within the UN framework and in accordance with the relevant UNSC resolutions, and in line with the principles on which the EU is founded.
To date, Turkey’s response unfortunately has been at best disparaging on all fronts towards the EU. The European Council will assess the situation during its meeting on 10th and 11th and take “decisions as appropriate”.
I would like at this point to publicly thank Slovakia, and Ivan in particular, for the clear positions they have articulated at every occasion, on the need for the EU to act appropriately and effectively when its Member States are facing external threats and challenges.
Moving on, I would like to add that we also touched upon a number of regional issues in our deliberations, including EU Enlargement, Migration, the latest developments in Nagorno-Karabakh, and issues that are of key importance for the direction that the EU will take in the years to come, such as the Conference on the Future of Europe and the latest developments with regard to the Multiannual Financial Framework.
Dear Ivan,
Before turning the floor over to you, I wish to thank you once again warmly for taking the time to visit Cyprus in these particularly challenging times, and I look forward to continuing our deliberations over lunch.
(EK/SCH)
Statement by the Minister of Foreign Affairs, Mr Nikos Christodoulides, following his deliberations with the Minister of Foreign Affairs of the Portuguese Republic, Mr Augusto Santos Silva
Photo Album - The Minister of Interior and the Minister of Justice at a joint meeting with the Acting Secretary of the Department of Homeland Security
Statement to the Press by the Minister of Foreign Affairs, Mr Nikos Christodoulides, on the occasion of the visit to Cyprus by the Acting Secretary of the Department of Homeland Security of the United States, Mr Chad Wolf
Photo Album - The Minister of Foreign Affairs, with the Acting Secretary of the Department of Homeland Security
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Dealing with the Cuevas decision
The basis for a legal argument that ACA insurance benefits cannot be relied upon to meet your client’s future medical needs
[Editor’s note: This is Part two of an article on the Cuevas decision (Cuevas v. Contra Costa County (2017) 11 Cal.App.5th 163). Part one appeared in the October 2018 issue.]
Was Cuevas correct to permit evidence of ACA-based insurance on the cost of future medical care? The Patient Protection and Affordable Care Act (“ACA”) was intended to make affordable medical insurance available to all Americans. The ACA is carefully designed with key provisions intended to work together to provide affordable health insurance. The ACA particularly affected the markets for individual health insurance policies. The ACA requires health insurers to accept all individual applicants and charge the same rates, regardless of pre-existing conditions. To ensure a large pool of healthy insureds, the ACA also mandates that individuals buy insurance or pay a penalty. Legally, ACA-based private insurance is the same as any other private health plan. The ACA also expanded the Medicaid program. In theory, under the ACA, every U.S. citizen will have access to some form of health insurance.
Prior to the passage of the ACA, references to the plaintiff’s future medical insurance were off limits in personal injury cases. In ordinary PI cases, such references were precluded by the collateral source rule. In medical malpractice cases under MICRA, judges typically precluded mention of future health insurance as speculative, because no one could guarantee the future longevity of any insurance policy, or the specific benefits or prices for medical services under a given policy.
Soon after the ACA was implemented in 2014, the defense bar began a new argument: Since plaintiffs are now assured of future medical insurance through the ACA, shouldn’t evidence of such insurance be admissible in medical malpractice cases, due to MICRA’s admission of medical insurance?
Cuevas v. Contra Costa County (2017) was a med-mal case
The recent case Cuevas v. Contra Costa County (2017) 11 Cal.App.5th 163, addressed whether ACA-mandated health insurance benefits should be admissible as evidence of future medical damages in medical malpractice cases. In Cuevas, the Court of Appeal, First District held that future medical damages, like past medical damages, may be measured by discounted insurance prices for care (considered to be “market rates”). (Id. at 180.) Further, the Court held that the prices for medical services under ACA-based medical insurance plans may be admissible as evidence of the value of future medical damages. (Ibid.) The Court generally reasoned that the ACA is now the law of the United States, and since the ACA is 1) mandatory, 2) defines certain medical insurance benefits, and 3) has specific prices, the ACA can be reliably used as evidence of a plaintiff’s future medical costs. This conclusion is incorrect, principally because it relies on the shaky foundation of the ACA’s durability and ability to guarantee stable prices over time.
The Cuevas decision has major implications for medical malpractice cases, where the collateral source rule is partially abrogated. However, Cuevas also made some general statements about the admissibility of medical pricing from insurance. Defense counsel may try to apply Cuevas to any personal injury case, even though the case itself does not say that its holdings apply outside the medical-malpractice context.
Is this approach justified? Can an injured medical malpractice plaintiff reasonably rely on the ACA to ensure discounted future medical prices? Since the Cuevas decision was handed down in April 2017, the ACA has been the subject of many political battles and has suffered some serious damage. The President has stated his intent to repeal the ACA, and has taken a series of steps to make it unworkable, including the repeal of the individual mandate; ending cost-sharing reduction (CSR) payments; and allowing low-cost temporary plans without full benefits to become permanent. These changes undermine the essential elements of the ACA and are destabilizing to health insurance markets. The very rationale for the appellate court decision – the ACA’s reliability and durability – no longer exists. Thus, the Cuevas case is subject to a direct attack that it is no longer good law.
Tremendous uncertainty in ACA insurance
Given the damaged state of the ACA, there is tremendous uncertainty over future ACA plans, including: what ACA insurance plans will continue to exist; what specific items of care will be provided; the prices for plans; and the prices for specific items of care. Current plans and prices are not likely to be viable next year, let alone decades into the future. If courts follow Cuevas and allow evidence of ACA plans for future medical damages, despite the likelihood the ACA can’t guarantee low medical prices indefinitely, plaintiffs are likely to be shortchanged on future medical damages.
I am one of the attorneys who initially tried the Cuevas case. This article, part of a series of articles on the implications of Cuevas for plaintiff’s personal injury practice, will discuss the Cuevas decision regarding use of ACA-based medical pricing and problems with this decision. We will also discuss potential plaintiffs’ arguments to block the introduction of opinions and evidence based on alleged future ACA benefits.
ACA’s main provisions: Essential benefits and program supports
The Affordable Care Act (“ACA” or sometimes “Obamacare”) is a regulatory overhaul for the U.S. healthcare system, intended to expand coverage of health care to more U.S. citizens. The ACA overhauled the markets for individual health insurance. Insurers in these markets are made to accept all applicants and charge the same rates regardless of pre-existing conditions or sex. To combat the resultant adverse selection (only sick people buying health insurance), the act mandates that all individuals buy insurance, and that all health care plans provide a list of “essential health benefits.” To help households between 100 and 400 percent of the Federal Poverty Line afford these compulsory policies, the law provides insurance premium subsidies. Other individual market changes include health marketplaces and risk adjustment programs.
Some of the most important pillars of the ACA health care system include:
Essential health benefits – Insurance policies are required to provide essential health benefits (EHB): ambulatory patient services; prescription drugs; emergency care; hospitalization; rehabilitative services; preventive care; laboratory services; pediatric care; and maternity and newborn care.
No denial for pre-existing conditions, and no dropping sick patients.
State health insurance exchanges allow businesses and individuals to compare plans and enroll for coverage.
Low-cost plans – For lower income people, insurers must offer plans with reduced deductibles, copayments, and other means of cost sharing.
Individual mandate – People are required to purchase health insurance, or pay a non-compliance penalty. This lowers overall premiums by widening insurance risk pools to include a mix of young and old, healthy and sick.
Low-income subsidies – A subsidy system for low- and some middle-income families to help in the purchase of insurance on the state insurance exchanges.
Cost-sharing reduction payments – The U.S. government pays subsidies to insurers to reduce co-payments and deductibles to those earning 100 – 250 percent of the federal poverty line (FPL).
The parts of the ACA system are designed to work together. If any one of the ACA pillars is removed, it would cause problems with the health insurance markets. Prices for policies could rise; or benefits will become unavailable to patients. Extreme problems could cause health insurers to leave whole states or regions, or simply to forgo participation, causing the ACA to collapse.
It should be noted that the ACA does not explicitly overturn any state law. Nothing in the Federal ACA – or of any of the California laws that support implementing the ACA in California – requires or mandates the admission of the ACA as a collateral source in medical malpractice cases, or states that the ACA in any way affects the application of Civil Code 3333.1.
The ACA has been subject to numerous political and legal attacks. Congress attempted to overturn the ACA 54 times through March 2014. The ACA had several tests at the U.S. Supreme Court. In National Federation of Independent Business v. Sebelius (2012) 567 U.S. 519, the Supreme Court held that the individual mandate was a proper exercise of the congressional power to tax. Later, in King v. Burwell (2015) 135 S.Ct. 2480, the Supreme Court upheld premium tax credits to qualifying persons in all states, both those with state exchanges and with Federal exchanges.
Cuevas’s holdings on future insurance and the ACA
In our previous article in this series, we discussed the Cuevas trial and appellate decision, including these courts’ discussions of ACA-mandated private insurance. Following is a review of the Cuevas decision with more detail related to the ACA benefits issue.
In Cuevas, plaintiff suffered loss of blood to his brain at birth, causing permanent neurological damage with cognitive and physical impairments. Plaintiff’s medical experts testified plaintiff would need significant life-long medical, therapeutic, and attendant care.
The trial court considered several motions in limine on future medical expenses. Plaintiff moved inter alia to exclude ACA-mandated insurance benefits as speculative. Plaintiff provided expert declarations from health insurance expert Richard Lievense, and life care planning expert Jan Roughan, RN. These experts collectively testified that: 1) the ACA was subject to future political attacks, and was not reasonably certain to provide benefits for decades into the future; 2) private insurance discounts and medical pricing were highly volatile, and were not reliable to project future medical expenses; and 3) since the plaintiff was on Medi-Cal, he was ineligible for ACA-mandated private insurance. Instead of pricing based on insurance plans, plaintiff’s experts used Usual Customary and Reasonable (UCR) charges – prices charged by the same or similar providers for the same or similar services in the same or comparable medical community, based on national price surveys.
Defendant also provided expert declarations, notably from ACA expert Thomas J. Dawson. Dawson opined that the ACA would remain in force and mandate health insurance benefits for plaintiff over his lifetime. Dawson identified specific California insurance plans that would allegedly be available to meet plaintiff’s needs. However, Dawson’s declaration did not state there was any reasonable certainty that any particular plan or price/discount structure would remain in force into the future. (As facts later showed, Dawson’s confidence was misplaced, as several insurance companies have left the ACA exchanges.)
Plaintiff pointed out that the defense expert life care planner, Linda Olzack, had contradicted Dawson. Olzack testifying she could not be sure that, for any given item of future care, the discounted price under ACA-based insurance plans would remain in effect longer than a few years. This testimony contradicted Dawson’s opinion that existing ACA plans could be used to reliably price plaintiff’s medical needs and undermined the use of any current insurance discounts as foundation for future pricing.
After hearing argument on these issues, the trial court ruled against admitting mention of ACA insurance or related pricing at trial. The court held there were many reasons future ACA benefits may not be available into the future, including uncertainty as to particular plans and coverage, and uncertainty as to the ACA itself. The court ruled that future ACA benefits did not meet the standards of reasonable certainty for admissibility, because the long-term stability of future insurance and pricing is speculative.
At trial in September 2014, the jury delivered a plaintiff verdict. Defendant appealed the case to the First District, arguing principally that the trial court should have admitted evidence that the ACA ensures plaintiff discounted future medical prices via ACA insurance policies.
In April 2017, the Court of Appeal issued its ruling, holding that evidence of discounted prices paid by insurers constituted an admissible measure of the market value for future medical services. The Court held that, in general, “the collateral source rule is not violated when a defendant is allowed to offer evidence of the market value of future medical benefits.” (Cuevas, supra, 11 Cal.App.5th at 180, citing, Markow v. Rosner (2016) 3 Cal.App.5th 1027, 1050-1051.) Further, the Court held that evidence of future medical prices available under ACA-mandated future medical insurance plans should be admissible as evidence of the “market value” of care and should have been admitted at the Cuevas trial. (Ibid.)
In so ruling, the Cuevas court accepted defense expert Dawson’s declaration that he had “identified specific California insurance plans that would be available to meet many of [plaintiff’s] needs.” (Cuevas, supra, 11 Cal.App.5th at 180.) However, the Court did not inquire as to whether there was any foundational evidence that these plans would continue to exist and provide these benefits, and those prices, over the plaintiff’s lifetime. Plaintiff’s experts had strenuously contested these assumptions, and even the defense life care planner admitted that insurance discounts were not reliable into the future. Thus, the defense opinion relied upon by the Court of Appeal lacked foundation. (See, Sargon Enterprises, Inc. v. University of Southern Cal. (2012) 55 Cal.4th 747 at 770 [trial court properly excluded speculative expert opinion on future damages].)
The Court discounted plaintiff’s critiques of the ACA’s long-term durability, stating there was evidence of “the continued viability of the ACA, as well as its application to plaintiff’s circumstances.” (Cuevas, supra, 11 Cal.App.5th at 180.) The Court of Appeal noted there was political opposition to the ACA but did not believe that this opposition would damage the ACA: “It is noteworthy that this case was briefed before the 2016 presidential election, the aftermath of which did place the ACA’s continued viability into question. However, in spite of recent efforts to abolish or substantially alter the ACA, as of the writing of this opinion the ACA remains essentially intact.” (Cuevas, supra at 180.)
The Court’s decision took place after the November 2016 presidential election, and after various official statements evidencing the new administration’s intent to repeal the ACA. The Court noted these new political facts, but discounted their significance. (Cuevas, supra, 11 Cal.App.5th at 181 fn. 14.) Further, the Court of Appeal’s opinion did not consider whether the administration’s attacks on the ACA would disrupt the future pricing of items of medical care, or make the availability of various medical benefits uncertain, or make the existence of various medical plans uncertain.
Ongoing federal efforts to overturn or sabotage the ACA
The Court of Appeal’s decision relies on its opinion that the ACA “remains essentially intact.” (Cuevas, supra, 11 Cal.App.5th at 180.) However, since the Court of Appeal’s decision in April 2017, there have been many attempts to repeal the ACA, and many federal policies have been adopted with the stated intent and direct effect of undermining the ACA. As a result, the Cuevas Court’s foundational assessment of the ACA as “intact” can no longer be relied upon.
In January 2017, President Trump announced his administration’s intent to repeal the ACA. Subsequently, the president gave several executive orders intended to impede the ACA, including slashing funding for marketplace outreach, and directing the Department of HHS to release videos attacking the ACA. In the summer of 2017, the U.S. Congress made several attempts to repeal the ACA outright; these attempts narrowly failed.
In June 2017, Anthem Blue Cross announced it was exiting Ohio’s ACA marketplace due to uncertainty as to whether CSRs would be paid, and an increasing lack of overall predictability. (See, “There could be a tidal wave of terrible news coming for Obamacare,” 6/08/17, Business Insider, at: https://www.businessinsider.com/anthem-obamacare-exchange-exit-from-ohio-2017-6.)
In October 2017, President Trump ended cost-sharing reduction (CSR) payments to insurers – reimbursement to insurers who offered discounted health plans. Prior to this announcement, insurers repeatedly warned that if the payments were cut off, they would be forced to raise premiums to make up the financial loss. According to the CBO, ending CSRs will raise costs for consumers and further disrupt health insurance markets. The Congressional Budget Office has estimated that ending the CSR payments will raise the number of uninsured people by one million in 2018, increase marketplace premiums by 20 percent, and cause insurers to pull out of the marketplace, leaving some consumers with no marketplace plans for a period of time. Further, ending CSR payments will increase the federal deficit by $194 billion over the next ten years. (See, CBO Report, “The Effects of Terminating Payments for Cost-Sharing Reductions,” 8/15/17, available from the CBO at https://www.cbo.gov/publication/53009.)
Individual mandate of ACA ends
In December 2017, Congress passed a tax reform package that included repeal of the individual mandate of the ACA. The Congressional Budget Office (CBO) estimated that repealing the ACA’s individual mandate would cause 13 million fewer Americans to be insured in 2027 compared with current law. The CBO predicted that younger, healthier and wealthier people may choose to forgo coverage, changing the risk pool to include a higher percentage of sick persons. The CBO predicted that premiums in the markets would spike 10 percent without Obamacare’s individual mandate, as the exchanges are left with a sicker consumer pool. (See, Mukerjee, “The GOP Tax Bill Repeals Obamacare’s Individual Mandate. Here’s What That Means for You,” 12/20/17, Fortune Magazine, at http://fortune.com/2017/12/20/tax-bill-individual-mandate-obamacare/.)
On February 20, 2018, President Trump proposed to expand the use of short-term health plans as an alternative to plans that meet more stringent standards under the Affordable Care Act. Such plans do not include essential ACA benefits, including required health benefits such as maternity coverage and the guarantee of insurance regardless of health. This would let a parallel market for “skimpy plans” operate alongside the market for comprehensive individual health insurance, exposing consumers to new risks and raising premiums for people seeking comprehensive coverage, especially consumers with pre-existing conditions. (See, Abutaleb, “U.S. to extend skimpy health insurance outside of Obamacare,” 2/20/18, at https://www.reuters.com/article/us-usa-healthcare-insurance/u-s-to-extend-skimpy-health-insurance-outside-of-obamacare-idUSKCN1G41SH.)
In April 2018, the Centers for Medicare and Medicaid Services (CMS) finalized health care rule changes for the individual market that will weaken benefit standards, likely harming people with pre-existing conditions; raise new barriers for people who want to enroll in health coverage; and reduce accountability for insurers and transparency for consumers. (See, https://www.cbpp.org/sabotage-watch-tracking-efforts-to-undermine-the-aca.)
The federal government has also declined to defend the ACA from state lawsuits; in fact, the U.S. Department of Justice has filed briefs attacking ACA provisions. In June 2018, the DOJ filed a brief declining to defend the constitutionality of the Affordable Care Act (ACA) in an action brought by 20 states’ attorneys general. In Texas v. United States, the states assert that the entire ACA must be struck down because the Supreme Court’s 2012 decision in National Federation of Independent Business v. Sebelius upheld the coverage requirement under Congress’s taxing power and the 2017 tax law zeroed out that tax penalty. The Trump Administration’s DOJ brief asks the court to strike down two critical consumer protections: the “guaranteed issue” provision that bars insurers from denying coverage to people with pre-existing conditions and the “community rating” prohibition on charging higher premiums to people because of their health status. (https://www.cbpp.org/sabotage-watch-tracking-efforts-to-undermine-the-aca.)
In July 2018, The Centers for Medicare & Medicaid Services (CMS) announced that Affordable Care Act risk adjustment transfers for 2017 may be delayed. Risk adjustment is a federal program that transfers revenues from insurers that enroll a healthier-than-average group of consumers to those that enroll a sicker-than-average group. By doing so, risk adjustment reduces the incentives for insurers to design plans to avoid attracting people with pre-existing conditions and other serious health needs. CMS’s announcement has created uncertainty and confusion, with insurers unsure how long transfers might be delayed. (https://www.cbpp.org/sabotage-watch-tracking-efforts-to-undermine-the-aca.)
Finally, the federal government is throwing roadblocks to ACA enrollment by starving the funding of “navigator” groups that assist people to sign up for the ACA. Since January 2017, the federal government has slashed funding for these groups. Combined with the large cut in 2017, navigator funding has now fallen more than 80 percent from its 2016 level. In September 2018, the government announced that fewer of these navigator groups would be funded. As a result, many states will have large areas with no navigators, and a few states will have no navigator program at all. This is likely to further reduce enrollment in the ACA. (See, Hellman, “Key ObamaCare groups in limbo as they await funding,” 6/20/18, The Hill, accessed at: https://thehill.com/policy/healthcare/393131-key-obamacare-groups-in-limbo-as-they-await-funding; see also, https://www.cbpp.org/sabotage-watch-tracking-efforts-to-undermine-the-aca.)
Resulting uncertainty regarding the ACA’s survival or ability to function
As noted, the U.S. President, and the leaders of Congress, have stated their intent to destroy the ACA and have taken a series of concrete steps to do so. Contrary to the sunny view of Cuevas defense expert Dawson, who convinced the appellate court the ACA was “here to stay,” many of the essential pillars of this carefully constructed plan have been damaged or destroyed. To name a few of the more serious effects:
Essential health benefits – These are no longer mandated, as the federal government is now promoting the expansion of “skimpy plans” that lack essential health benefits.
Pre-existing conditions – The federal DOJ has filed a brief arguing to strike down the provision that bars insurers from denying coverage to people with pre-existing conditions.
Individual mandate – The 2017 tax reform ended the individual mandate. Without the mandate, policy premiums are likely to rise about 10 percent as exchanges are left with a sicker consumer pool.
Cost-sharing reduction payments – In October 2017, President Trump ended cost-sharing reduction (CSR) payments to insurers. This is likely to increase the number of uninsured, increase marketplace premiums, and cause insurers to pull out of the marketplace.
As a result of these changes and other attacks on the ACA, as well as future attacks to come, there is no reasonable expectation that the ACA private insurance benefits will continue over the course of a plaintiff’s life expectancy and reliably provide the same care or prices for care. Any ACA plans that continue to be offered are likely to be highly unstable, both in prices for items of care, and in the health benefits provided.
The instability of the ACA exacerbates the inherent volatility of private medical insurance benefits, and makes projecting insurance benefits into the future nearly impossible. With or without the ACA, there is general uncertainty as to whether a particular private insurance policy would continue to be available, provide certain benefits, or price items of care at particular rates, in a reliable manner going forward over the plaintiff’s future life span. Now that the ACA is on the brink of destruction, there is even less predictability in future insurance rates and prices. In fact, health care prices and insurance premiums have been rising faster than inflation in recent years. (See, “Workers’ health costs continue to rise, eroding wages,” 10/04/18, Daily World, at http://www.thedailyworld.com/news/workers-health-costs-continue-to-rise-eroding-wages-new-survey-finds/.)
Relying on the ACA erodes medical damages
Relying on the ACA to provide future medical care at bargain prices would deeply erode plaintiff’s recovery of medical damages. Where a defendant proposes the use of discounted medical prices based on some current ACA-mandated insurance plan, defendant essentially locks plaintiff into these low prices for life. Where medical care is priced too low in calculating plaintiff’s future medical costs, this can have serious consequences for the plaintiff’s future care and long-term health. If prices for necessary medical care rise due to a plan change, the plaintiff must pay the difference. If the particular medical care is no longer provided on the plan, or delayed by bureaucracy, plaintiff may not have funds in the damage award to purchase necessary services privately. This deprives plaintiff of her right to full compensation for her losses, and can result in actual injury if funding cannot be found for necessary medical care.
Arguments against admission of evidence from ACA insurance
Prior to passage of the ACA, courts in malpractice cases were reluctant to allow evidence of future health insurance benefits, primarily because there was no foundation for assuming these benefits would be available or would reliably provide low prices for care. After the Cuevas decision, defendants in medical malpractice cases can now argue that, because of the ACA, future insurance benefits are reasonably certain and should be admissible. However, the ACA’s core provisions have been crippled by series of attacks. As a result, the ACA cannot be a reliable guarantor of a plaintiff’s future medical benefits.
So, what to do when a defendant cites Cuevas to introduce ACA insurance plans, or prices from these plans, for your client’s future medical expenses? The problems cited above suggest two lines of attack: 1) Note that the ACA itself is damaged and unreliable, and future ACA benefits are speculative; and, 2) Note that private insurance prices and discounts are inherently volatile and are not reliable for future pricing, compared to UCR rates based on a review of market prices. Both of these arguments attack the foundation for any defense expert testimony on alleged ACA-based low prices for plaintiff’s future care.
First, the basis for the Cuevas decision was the alleged durability of the ACA – that it was “essentially intact” despite multiple challenges. (Cuevas, supra, 11 Cal.App.5th at 180.) This was not quite true in April 2017, and is definitely untrue now. Essential pillars of the ACA program have been damaged or struck down. This suggests that Cuevas was either wrongly decided, or has been overtaken by changes to the law. It would be unjust to force plaintiffs to rely on the ACA as a limit on their future damages, and expert testimony relying on the ACA should be excluded as speculative.
Defendants are likely to argue that Cuevas is controlling, and that it is improper to speculate about future changes in the law, such as future changes to the ACA. (See, Dist. of Columbia Court of Appeals v. Feldman (1983) 460 U.S. 462, 477.) However, at this point there have already been dramatic changes to the law, which have damaged the ability of the ACA to provide the intended benefits. Further, ongoing political uncertainty is likely to cause market instability, making price continuity unlikely. Courts have a duty to assess the ACA in light of the current status of the law and the effect of the recent changes. At this point, it is more speculative to assume that all promised ACA benefits will continue – that is, that the current prices and services will be available decades into the future from the damaged ACA insurance marketplace.
The second approach is to question the foundation for relying on private insurance discounts, pricing, and benefits, as a measure of the value of future medical damages. Private insurance markets have an inherent variability and volatility. Discounts on medical prices vary, such that paid prices can amount to anything from 20 to 100 pecrent of the charged amounts. This has been true under the ACA to date and is likely to remain true given the changes wrought by successive political regimes. Given this inherent variability, it is unfair to pick a current discounted price for services and project it into the future, particularly over the decades of your client’s life expectancy. Defense experts should not be permitted to speculate that any given insurance discount will last for 10, 20, 30, 40 or more years into the future, as any honest expert will tell you that such discounts can’t be predicted even five years from now.
Defense experts who seek to offer ACA-based medical pricing should face sharp questioning at their expert deposition. Expert testimony must be based on reliable foundational materials. (Evid. Code., § 801.) These experts should state their basis for assuming that, given the enormous problems with the ACA and ongoing attacks on the program, the ACA will nevertheless continue to ensure insurance benefits will be available for the plaintiff for five, 10, 20, or 40 years into the future. They should state why they believe that any particular insurance policy will endure over time. They should identify any point where they assume discounted insurance prices for care, and show their foundational basis for assuming any given discount will continue for years.
Before trial, motions in limine should be filed to preclude any expert testimony relying on the ACA or prices from ACA-based insurance plans, based on the serious foundational issues and the speculative nature of ACA-derived benefits. (Evid. Code, §§ 802, 803.) “[T]he matter relied on [by the expert] must provide a reasonable basis for the particular opinion offered . . . expert opinion based on speculation or conjecture is inadmissible.” (Sargon, supra, 55 Cal.4th 747 at 770.)
Finally, plaintiff’s attorneys should point out that the Cuevas decision approved plaintiff’s expert’s use of UCR pricing as the basis for future medical prices. (Cuevas, supra, 11 Cal.App.5th at 182.) So, a plaintiff’s life care planner is fully justified in using UCR pricing. Plaintiff should argue that this method uses a broader source of medical prices and is inherently more stable and reliable than the use of private insurance discounts.
I hope that this discussion is useful in your practice, and sparks discussion about the implications of the Cuevas case and ways to resist inappropriate use of the ACA. We will explore more issues raised by Cuevas in the next article in the series.
Download this article as a PDF
Bio as of May 2017:
Eustace de Saint Phalle leads the Rains Lucia Stern St. Phalle & Silver Personal Injury and Workers’ Compensation Groups. Eustace has established himself as one of California’s top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000.
For the last fifteen years, Eustace has been running a trial team dedicated to the representation of injured individuals in California which has handled matters specializing in civil litigation that involve complicated medical issues and disabilities. Eustace is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers’ compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.
Eustace has participated in free legal clinics and pro-bono legal services for veterans and various worker unions. He is a member of the Bar Association of San Francisco, American Bar Association, Consumer Attorneys of California, and the San Francisco Trial Lawyers Association.
In 1989, Eustace received a Bachelor of Arts from the University of California at Berkeley. In 1995, he received his Juris Doctorate from the University of San Francisco School of Law, and was subsequently admitted to the State Bar of California. He is admitted to practice in the U.S. District Court, Northern District of California and U.S. Court of Appeals, Ninth District.
Eustace was born, raised and educated in California. His father, Richard de Saint Phalle, was an assistant U.S. Attorney and in private practice handling civil litigation matters. His Grandfather, the Honorable Alfonso J. Zirpoli, began his practice handling personal injury cases. He later became a district attorney, assistant U.S. Attorney and was appointed as a Federal Judge for the Northern District of California by John F. Kennedy.
Eustace litigated and tried the Brian C. v. Contra Costa County Health Services case. Eustace represented a Mexican immigrant mother and her surviving child in a medical malpractice case concerning negligent management of a twin pregnancy which resulted in the death of one twin and severe brain injury of the other twin. The verdict included a present value calculation and a future value calculation for future medical and wage payments. The present value verdict was $12,132,780.82. The future medical and wage payments was $111,700,000. Per The Recorder, this was the largest medical malpractice verdict in California for the year 2014.
Andrew Clay assisted in the preparation of this article. He is a litigation paralegal at Rains Lucia Stern St. Phalle & Silver, PC. He works on all aspects of case development, focusing on drafting discovery, motions, and other pleadings.
Subject Matter Index
Damages - Economic, Damages - Proving
Copyright © 2018 by the author.
For reprint permission, contact the publisher: www.plaintiffmagazine.com
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Plantdeva's Antique Ephemera and Books
Where our early American history comes to life through documents, land deeds, newspapers, and rare books.
Antique Ephemera
Shipping & Layaway Info
1810 Daniel Coney Signed Personal Copy Congressional Documents
This is Daniel Coney's personal copy of the 'Documents Accompanying The Message of the President of the United States to the Two Houses of Congress at the Opening of The Third Session of The Eleventh Congress on December 3, 1810.
In this pamphlet that accompanied the message to the congress in 1810 is part of the story of the War of 1812, the continuing problems over the Louisiana Purchase, the annexation of West Florida, 'trouble on the high seas', and even a translation of a decree by Napoleon issued on March 23, 1810. Reading this pamphlet is an insight into what was going on around the world - as seen by the United States government in 1810. Daniel Coney has signed the pamphlet in the top right corner of the pamphlet and at least one other place on the interior pages.
Daniel Coney was born in Stoughton(now Sharon), MA in 1752 and died in Augusta, ME on January 21, 1842 at the age of 89 years. He was a Lieutenant in the Revolutionary War (military record below). He was also a medical doctor who later became a Probate Judge and was among the first overseers of Bowdoin College. He was elected as a representative and then as a senator to the Massachusetts General Council and a member of the Electoral College from Massachusetts ,who voted for George Washington to serve his second term as president.
Coney, Daniel, Shutesbury. 2d Lieutenant, Capt. Hophni King's co.. Col. Joseph Read's regt. ; list of officers who joined regiment at Roxbury' Camp about Dec. 10, 1775 ; also, 2d Lieutenant, same co. and regt. ; list of officers ; commissioned Jan. 30, 1776; also, 2d Lieutenant, Capt. Zaccheus Crocker's 4th (Shutesbury) CO., 6th Hampshire Co. regt. ; list of officers of Mass. militia; ordered in Council May 7, 1776, that a commission be issued; reported commissioned May 7, 1776; also. Adjutant, Lieut. Col. Timothy Robinson's (Hampshire Co.) regt.; muster roll of field and staff officers dated Camp at Ticonderoga, Feb. 24, 1777; entered service Jan. 2, 1777; also, Capt. Zaccheus Crocker's co.. Col. Wright's (Hampshire Co.) regt.; engaged July 12, 1777; discharged July 29, 1777; service, 24 days, travel included; company marched to reinforce Northern army.
Offered with FREE DOMESTIC SHIPPING. International buyers please use the shipping feature in your shopping cart and pay through PayPal if you would like next day shipping.
© 2023 by Lilou Paperie. Proudly created with Wix.com
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Nurses Fail English Test
The Times is reporting that out of 59 nurses from the Philippines who have already been offered nursing positions in the United Kingdom, only 7 pass the IELTS, a high stakes English test used for study, work or migration. The UK’s Nursing and Midwifery Council requires a minimum score of 7.0 across all elements of reading, writing, listening and speaking.
Above copied from the Times
This requirement is indeed stringent. According to IELTS data, only forty one percent of native English speakers achieve a score of 7 in all areas. Their average score is only 6.3, and worldwide only one out of four applicants (25 percent) would pass. However, a passing rate of only 12 percent for nurses in the Philippines is troublesome. Commenting on Facebook, Nigel Pope shares his experience as an IELTS tutor:
Nigel is basically describing what we often misconstrue in language. A considerable number of people, for instance, believe that it is easier to learn any language as a child than as an adult. A child talks like a child but we expect something much more from an adult. A child therefore only appears to learn a language more easily simply because not much is expected yet. A good command of a language requires using it above and beyond "How are you?", "Where do you live", or conversations that do not require critical thinking. There are international standardized exams that we can choose to ignore but there are also these tests that can decide whether we get hired or not.
Wait, It Gets Worse If You Are Poor And Black
Finding a Home and School
“We knew it was bad, but we didn’t know it was thi...
Why Are There More Lawyers Than Chemists in the Ph...
How to Address Inequity in Schools
"Democracy Can Not Survive Too Much Ignorance"
"Of what good is democracy if it is not for the po...
Not just in text, but also on an exam
Should we send our children to a protest rally?
The Children Are in School, But Are They Learning?
Why a centralized Department of Education fails.
The "Wisdom" of the Philippine Congress
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