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Canada's Food & Beverage Processing Magazine
2020 Canadian Food Industry Report
foodTV
B.C. farm-raised salmon reaches a record $745 million in global sales
The B.C. Salmon Farmers Association also says exports to 12 markets were valued at more than $544 million. The U.S. remains the primary destination but exports to Asia have increased by 40% over 2015
Deanna Rosolen
Exporting & Importing
Campbell River, B.C. – The B.C. farm-raised salmon sector set some sizable records in 2016.
The B.C. Salmon Farmers Association says global sales of fresh B.C. farm-raised salmon reached a record $745 million in 2016 with exports to 12 markets valued at more than $544 million.
Domestic demand for salmon raised in B.C. continues to be strong, while the U.S. remains the primary destination for exports.
Markets in Asia are showing huge potential with year-over-year more than doubling in many markets.
The volume of salmon raised in B.C. exported to Asia has increased 40 per cent over 2015’s record volume with more than 4.7-million kilograms of fresh salmon exported.
China and Japan continue to be the top two Asian destinations for exports, with South Korea now emerging as a key growth market.
Over 82-thousand kilograms were exported to South Korea in 2016, a market that saw no exports from B.C. before 2015 when the Canada-Korea Free Trade Agreement came into force.
Jeremy Dunn, the executive director of the B.C. Salmon Farmers Association, says as the value of farm-raised salmon increases that value in turn is “being reinvested in the industry with salmon producers building new hatcheries and processing plants upgrading marine farms with the latest technology, building new working vessels, investing in skills training and scientific research, supporting local community projects, and certifying farms to the most stringent third-party environmental standards available.”
Salmon farming has a total economic impact of more than $1.1-billion in B.C. and accounts for more than 5,000 total jobs. Salmon farmers are working closely with coastal First Nations with 20 social and economic agreements in place. Seventy-eight per cent of the B.C. harvest is from farms covered under First Nation Agreements.
Canada’s first Land Raised salmon arrive at Safeway stores
Saskatchewan’s ag exports hit more than $11 billion – a new record
South Korea opens border to Canadian beef, veal
60% of Canadian food, beverage companies are investing in innovation: report
[Updated] To tax or not to tax sugary drinks – the Beverage Association responds
Follow @FoodinCanada
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© Copyright 2021 Glacier FarmMedia LP
A Must Read for all food & beverages industry personnel
Canada’s national food & beverage processing authority
Serving the Canadian food & beverage processing industry for over 80 years!
FREE to qualified industry professionals
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Chicago officer recorded asking teen for sex is fired
CHICAGO — A Chicago police officer who allegedly asked a 17-year-old girl for sex in return for getting her mother's impounded car released by the city has been fired.
The Chicago Tribune reports that the city's police board agreed with Superintendent Eddie Johnson's recommendation to fire Officer Darius Alexander in a 9-0 vote after hearing conversations secretly recorded by the teen that confirmed Alexander was soliciting her and a friend for sex.
In firing Alexander, the board criticized the police department for taking more than six years to bring disciplinary charges against Alexander. Police spokesman Anthony Guglielmi called the delay "inexcusable and indefensible." He said the department has implemented a comprehensive electronic case management system that will speed the process up by allowing supervisors to monitor such investigations in real time.
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Introductory Theology, volume 3:...
Books and Booklets: Introductory Theology, volume 3: The Church and Its Functions
This book is a compilation of articles that are available for free in digital form. If you wish to purchase them printed in book form, click on the image below.
This volume includes articles about the church, its people, and its leadership. Several articles are about small churches. One section looks at worship, another at money. The meaning and role of the Lord’s Supper and baptism is also included. A collection of articles about church history completes the volume.
The articles were written over a span of some 20 years, but have all been recently edited for publication as e-books and as this printed volume and its companion Kindle version.
Articles about missions will be in the next volume.
purchase a print version
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Home / Language / Learn English / Understanding English Dictionaries / Before the computer age
Before the computer age
Learn about the evidence base used by the first dictionaries.
© Barbara McGillivary. CC BY-NC 4.0
The field of lexicography has a long history.
There is no space here for a full account, but we will mention some key dates to give you an idea of the richness of this tradition.
The first evidence of monolingual lexicography dates back to the fourth millennium BC and consists of Sumerian wordlists written in cuneiform on clay tablets, used in teaching the writing system. Over the centuries, ancient civilizations produced various types of lexicographic material. In modern times, the first edition of the Latin Dictionarium was created in 1531 by Robert Estienne and is regarded as the foundational work in modern European lexicography. In 1612 the first edition of the Vocabolario degli accademici della Crusca was published in Florence and set a new standard for a systematic documentation of a living language. The Kangxi dictionary of Chinese was published in 1716, and in 1755 Samuel Johnson published his famous Dictionary of the English Language.
As we saw in Week 1, the 19th and 20th centuries witnessed the creation of many of the dictionaries that are still known and in use today, including the Oxford English Dictionary (OED), and Webster’s American Dictionary of the English Language. One key idea behind large lexicographic projects of the time was that they had to be based on real evidence of the language and not just on intuition, impressions or the content of previous dictionaries. This means that the examples of word use, their definitions and other information, such as registers or geographical use, had to be supported by real language data, typically in the form of written texts.
Let us take an example from English. The history of the largest historical English dictionary, the OED, starts in 1879 with the publication of the first section of the dictionary (covering A to Ant), edited by James Murray. When Murray started the project for what later became the OED, he decided to gather the evidence by appealing to people all around the world and asking them to copy relevant snippets from newspapers, literary texts, journals, etc. These snippets were copied into paper slips or index cards and sent to the dictionary offices for consideration. Here is an example of an index card:
Oxford English Dictionary Archive dictionary slip for the word paddock by permission of Oxford University Press
Coventry University online course,
This is a kind of crowdsourcing, which we introduced in Week 1, step 1.9. Once enough information about the different nuances of meaning of a word had been meticulously collected, lexicographers would move on to the task of defining the different meanings and adding quotations typically using the evidence sources.
Can you imagine the number of paper slips needed to compile a large dictionary? Millions. It takes a lot of experience and practice to manage this amount of information and distil this in a clear way so that anyone can understand the meaning and use of a word. In the next activity, we will hear from Michael Proffitt, Chief Editor of the OED, about the role of paper slips and other evidence sources in the OED.
Murray, J. (1884) Oxford English Dictionary Oxford: Oxford University Press
Webster, N. (1828) An American Dictionary of the English Language. New York: S. Converse
Hi there! We hope you're enjoying our article: Before the computer age
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Ask GR Anything: What's the deal with Earthbound?
By Andrew_Groen 09 February 2012
This week, we delve into the reasons why this uniquely old-school RPG series is so beloved
Ask GR Anything is a weekly Q%26A column that answers questions submitted by readers (as well as questions we're particularly curious about ourselves). Got a burning question about games or the industry? Ask us in the comments below and you may just get it answered!
There's one question that, sooner or later, every new gamer screams into the night in a fit of confused frustration: "What the hell is Earthbound and why is everybody freaking out about a seventeen-year-old game?" So this week, we thought we'd leverage this column's question-answering capabilities to shed light on one of gaming's most persistent mysteries.
To start simply, Earthbound is the only entry in the "Mother" series to make it to the West. There are three games in the series, and Earthbound is a localization of Mother 2. Despite the game's bizarrely large and devout fan-following, Nintendo has never announced further plans for the series. In a weird way, this complete lack of attention to the series may actually be feeding the fervor surrounding it.
"I think part of the reason that people really love Mother 3 is that it never came to the U.S.," said Jason Schreier, staff reporter at Kotaku.com and former JRPG columnist at Joystiq.com. "You essentially have to pirate it in order to play it in English, which means that if you do play it, you're immediately part of this semi-exclusive cabal that went through all the trouble of finding an emulator, downloading a ROM, and installing the unofficial translation patch just to play this niche little RPG. Instant street cred."
However, Schreier was quick to add that he also thinks it's successful because it's a great RPG. The story is one of the main reasons people still flock to the series today. Rather than focusing on knights, wizards, and medieval/fantasy landscapes like most RPGs did at the time, the Mother series is set in the present age – 1988, to be precise.
In the original Mother, a young married couple from a small town in the United States mysteriously vanish after their town is covered by a dark shadow. Two years later, the husband returns, and he begins working on strange research. His wife never returns from the disappearance. The story then flashes forward in time and focuses on a young boy named Ninten (Ness in the North American version of Earthbound, and Super Smash Bros.). When his home is attacked, Ninten/Ness sets out to investigate paranormal events that are happening around the globe.
In the second game, Ness investigates a meteor that lands near his house, only to find a droid from the future who sets him on a quest to defeat an evil alien called Giygas, who has become so powerful in the future that he dominates the universe.
We don't want to ruin the stories for you, but that's the basic idea. Already, though, we can see why this series is so unique. What RPG do you know of that is set in the present day, and is focused more on beating things to death with a baseball bat than training the next level of a lightning spell? The game's tone lends itself to this bizarre change of pace too. Whereas most of the games of its era were hyper-serious and melodramatic, Earthbound was a little goofy.
"EarthBound was one of the first RPGs to really act silly, utilize a modern setting, and have a more set piece-laden story, like you see with blockbuster titles nowadays," said Clyde Mandelin, proprietor of EarthboundCentral.com, a fan-site for the Mother series. "The game's presentation was also pretty ahead of its time - it has 120 or more different music tracks, which was unheard of at the time. And they're all from wildly different genres, it was just crazy."
The focus on music played into the gameplay itself too. "The combat has this unique rhythmic element where you can get extra combo attacks by tapping your buttons to the beat of the music," said Schreier.
The Mother series isn't completely off-the-wall, though. Its structure is based heavily on the traditional Japanese style of role-playing, with an overworld separating towns, dungeons, and other areas of interest. Combat is turn-based, with a player-selected party of combatants.
"Neither [Earthbound nor Mother 3] feels particularly modern," said Schreier. "In fact, Earthbound goes out of its way to feel like the resoundingly antiquated Dragon Quest. They both stick to some annoying RPG conventions (you can only save at save points, for example) and they're both strictly 2D."
So why do people love the game? "The game just has so much heart, the kind that's hard to find in most games," said Mandelin. "And the fact that only one game has been released gives it a sort of underdog feel, and everyone loves an underdog! If I had to give a third reason, it might be that the [game’s] unique look at Western culture from Japanese eyes – in game form, no less – has a charm all its own."
Unfortunately, even if your interest is piqued, it's kind of tough to actually play Earthbound these days. The SNES version of the game has become a rare item, and regularly sells for over $200 on eBay. The only other option is to download the games "illegally" and get the English-language mods. Unfortunately, we're not allowed to tell you how. Sorry.
Submit your own questions in the comments (or Tweet them to @sciencegroen) and we may tackle them for a future Ask GR Anything.
Ask GR Anything
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PharmCon, Inc. (“FreeCE,” “we,” “us,” or “our”) welcomes you. Our Services are subject to the following privacy policy (the “Privacy Policy”), which may be updated by us from time to time without notice to you. By accepting this Privacy Policy, accessing or using the Services, or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy and the accompanying Terms and Conditions , which together make up the Agreement. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy or any other terms of the Agreement, you may not access or use the Services.
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http://freepressers.com/articles/stanford-journalism-prof-pens-obituary-of-objectivity
Stanford journalism prof pens obituary of ‘objectivity’
objobit by N/A is licensed under N/A
American journalism should abandon all objectivity in the name of "social justice," according to a Stanford communications professor. Such a statement would have been considered shocking in an earlier era, however only noted commentator and law professor Jonathan Turley registered his objections.
In an interview with The Stanford Daily, Communications Professor Emeritus Ted Glasser insisted that journalism needed to “free itself from this notion of objectivity to develop a sense of social justice.”
Glasser rejected the notion that journalism is based on objectivity and said that he views “journalists as activists because journalism at its best — and indeed history at its best — is all about morality.” Thus, “journalists need to be overt and candid advocates for social justice, and it’s hard to do that under the constraints of objectivity.”
Glasser doubled down in an interview with Campus Reform, stating “My understanding of journalism, like my understanding of history, rests on the premise that there is no finally correct description of anything — only interpretations.” He added that “I’m not a big fan of the term ‘objectivity’ or ‘objective truth’ because it gets us talking about all the wrong things.”
Professor Wesley Lowery, who has served as a national correspondent for The Washington Post, also rejects objectivity. In a tweet, Lowery declared: “American view-from-nowhere, “objectivity”-obsessed, both-sides journalism is a failed experiment…The old way must go. We need to rebuild our industry as one that operates from a place of moral clarity.”
Turley, a professor at the George Washington University Law School, noted that "the alarming aspect of these views is that they are prevailing. It is now common to hear academics and reporters reject 'both sideism' as a trap and even a form of racism. Even the publishing of opposing views is now considered dangerous as shown by the removal of New York Times editor James Bennet, who resigned in the recent controversy over an editorial by Sen. Tom Cotton. I supported Bennet’s decision to publish that editorial and denounced the cringing apology of the Times after a backlash. Yet, the same journalistic figures at the New York Times who pushed for his removal have continued to espouse unhinged and untrue conspiracy theories in the name of advocacy."
Turley added: "With the collapse of objectivity will come the collapse of journalism."
"Few people want to be fed a diet of what Professor Glasser believes is morally right as opposed to factually true," Turley wrote. "The problem is that this view will remove any real distinction between journalism and political science department; between reporters and social warriors."
What will be lost with the death of objectivity, Turley noted, "is one of the most important protections of liberty found in a free press."
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http://freepressers.com/articles/twitter-suspends-author-of-worldtribune-article-on-hydroxy
Twitter suspends author of WorldTribune article on hydroxy
hydazith-1 by N/A is licensed under N/A
By R. Clinton Ohlers
Twitter suspended the account of Free Press Media Group contributing editor and analyst R. Clinton Ohlers hours after his article, "Evidence of hydroxychloroquine’s effectiveness was hiding in plain sight", was published by <span style="color: #333399;"><strong>WorldTribune</strong></span>.com.
The suspension came without warning or notification. All followers were removed. For the time being, it appears permanent.
The offending piece is an in-depth analysis of a pivotal study in the Journal of the American Medical Association (JAMA), and the events in New York that led up to it.
Related: Effectiveness of hydroxychloroquine was hiding in plain sight, September 21, 2020
The JAMA study concluded that hydroxychloroquine imparted no benefit to hospitalized patients. However, the study did so by including patients so severely ill when they received the drug that it could be expected to have no effect at all. The study’s design was similar to assessing whether automotive airbags could save lives by including a high percentage of cases in which airbags were deployed only after a fatal collision had already occurred.
When the data was re-analyzed, hydroxychloroquine demonstrated dramatic life-saving effects. When the “unsuitable” cases, as the JAMA study’s authors referred to them, were transferred out of the hydroxychloroquine groups and into the no-drug group, patient survival improved by as much as 77%.
These results affirm the findings of large studies recently undertaken in Spain, Belgium, and in the U.S. at the Henry Ford Health Systems.
Thousands of American lives could have been saved by early use of the safe-to-use hydroxychloroquine in treating coronavirus, but the Food and Drug Administration and hero of the leftist media Dr. Anthony Fauci have allowed politics to “overrule science,” a Yale epidemiologist said.
“The evidence is overwhelming,” on the effectiveness of hydroxychloroquine in treating covid, Dr. Harvey Risch, a professor of epidemiology at Yale School of Public Health, said on the Aug. 23 broadcast of “Life, Liberty & Levin” on Fox News.
In an interview with Ohlers on Thursday on Episode 112 of the WashingtonExposé.com podcast about the Twitter "suspension" and the offending article, host Bill Wilson characterized the situation pointedly:
"Think about this. He finds data in I think the single, maybe the second, most authoritative journal in the world that proves the efficacy of this drug, HCQ, in treating the virus ... And in classic Soviet style as he starts to write about this and get it out into the public, Twitter bans him ... They do the Soviet bit of essentially making him a non-person. He's gone."
Co-hosts Carter Clews and Larry Ward called it "fascism." Clews added, "He's gone. They banned him for trying to tell the truth ... for trying to save lives."
Going further, Wilson commented: "If you believe things happen for a reason, I think the banning is a good thing in the sense that it now draws attention to the lengths to which the structure will go to suppress the truth, continue to support the hacks at the WHO, and I think frankly it should now become reason for Senate hearings into the suppression of information about HCQ, its efficacy, and start to raise some questions about why this has been suppressed."
The cause of the suspension appears to be umbrage to these findings taken by Twitter user “French Resister” @aenbaoui. French Resister protested the article from JAMA, one of the top two medical journals in the United States and probably within the top three in the world, by saying it “IS NOT RÉFÉRENCE IN HEALTH FIELD.”
French Resister also objected to use of data from Johns Hopkins University cited by George Washington University epidemiologist Dr. Steven Hatfill. These concerned cases in Switzerland and appeared in The Federalist. These he called “misleading,” and he warned “promoting fake news is Against twitter policy.”
At no point in the exchange did French Resister make any objection to any data or analysis on which the article's conclusions were based. These conclusions were formed with input from a quantum physicist, pathologist, and two MDs.
Dr. Ohlers closed the conversation with this:
Within one to two hours of that conversation @rcohlers was suspended.
A professor at the University of Hong Kong commented via WhatsApp:
“[The article] was sound analysis, well presented. How can Twitter allow stories about flat earth and alien abduction, but block what you wrote? With the best will in the world, your country is broken."
In a dispute over misinformation, Twitter’s censors appear to have preferred the opinion of a single individual in France, so uninformed as to think the JAMA is not relevant in the medical world, instead of reasoned analysis by a PhD informed by the work of multiple epidemiologists and medical researchers publishing major studies on hydroxychloroquine around the world.
In doing so they encroached, if not violated, rights protected by the First Amendment, and they censored potentially life-saving work at a time when U.S. governors are increasingly facing the decision of whether to lift statewide bans on hydroxychloroquine.
R. Clinton Ohlers can now be followed on Parler at @Rcohlers.
R. Clinton Ohlers, PhD is a historian of science and religion and a contributing editor for the FreePressMediaGroup. Previously, he held the position of Research Assistant Professor in the Humanities at the University of Hong Kong. His book, The Birth of the Conflict Between Science and Religion, is scheduled to appear in 2021. He received his PhD in history from the University of Pennsylvania.
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Friends of Basse > Basse Area Council in turmoil
Basse Area Council in turmoil
The Basse Area Council (BSAC) has been in turmoil in recent times, resulting to the ward councilors calling on the governor of the Upper River Region (URR) Omar Khan, to prevail on the country’s auditor general to launch a special investigation into the Council to check its financial performance from 1st January to 2nd June 2011.
This decision was made during BSAC’s quarterly assessment meeting held at the Council’s chambers last Tuesday.
Speaking to this reporter at his office, Omar Sampo Ceesay, the chairman of BSAC disclosed that during the meeting, the councilors unanimously agreed and recommended that the Local Government Service Commission sack the following staff of BSAC: Samba Leigh, director of Finance; Omar Njie, internal auditor; and Yusupha Manneh, chief executive officer (CEO); with effect from 1st August, 2011, for failing to provide an audit report after seven months, despite several meetings held by members of the Council. “The most disappointing side of it was that even the Council’s auditor could not even give us one sentence as a report,” he said.
When asked whether there is some witch hunting between the Council and the CEO, Ceesay replied in the negative, stressing there is no problem between them and the three earlier mentioned people. He further stressed that what the councilors need is for the work to be done as it should be. “The CEO is fully aware of what the Local Government Act says and so, he is obliged to be reporting to the chairperson for submission to the Council,” he pointed out,adding that the CEO has never done this since he assumed office.
According to him, the Local Government Act has stipulated very clearly that the CEO as the accounting officer for a council is solely responsible for the general management and submission of financial reports, accounting operations of the council, and to safeguard the council’s assets. “We have written to him (CEO) since the month of May to prepare his report, but he failed to appear at the meeting. Enough is enough, by 1st August this year his position will be vacant and we will look for a capable and reliable person for the betterment of the region. All we want is the truth and what should happen must happen,” Ceesay said.
He also said that the councilors have not been receiving their salaries. “We were informed at the meeting that the CEO has been directed by the auditor general not to pay the councilors their allowances, including the chairperson’s salary for the next 4-5 months. We are writing to the ministry to intervene as soon as possible, because we don’t want to create any noise at this time of the year,” he added.
When contacted to shed light on the issue, the CEO, Yusupha Manneh, declined to talk to this reporter in detail, saying, “I know my work and we shall see”. Asked why he did not attend the said meeting, he replied that he was aware of the meeting, but was busy on other important issues.
Author: by Alieu Ceesay in URR
Captioned from the Daily Observer Online Newspaper.
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Home Video Games Final Fantasy 7 Remake – Official Trailer
Final Fantasy 7 Remake – Official Trailer
By Jason C. Hodges -
From Square Enix Official
The three composers have shared their thoughts about working on FINAL FANTASY VII REMAKE. Read them here:
Whichever game you pick from the FINAL FANTASY series, they all have many powerful memories for me. However, if you limit things to just the music, then you could say that VII left the biggest impression on me in the sense that it represents the point at which I was able to start challenging the boundaries and being more experimental.
Nobody has seen music like this in the FINAL FANTASY series before, whether you look at the symphonic “Opening – Bombing Mission”, the numerous different vistas evoked within a single track in “Main Theme of FINAL FANTASY VII” or “One-Winged Angel”, that was made by arranging different sequences of phrases every few bars.
I think that perhaps it was the perfect time to take on these new challenges, what with changing platforms after the previous game, FINAL FANTASY VI, and with the expressive power of the hardware increasing dramatically.
However, looking back in hindsight, I think that it was not simply a case of the hardware evolving, but that the changing times also demanded a revolution in game music. That was the moment when video games, a medium that started out as a plaything for children, were making the transformation into a form of entertainment that adults could enjoy too. But even though things were changing around us, we had no idea what to do or which direction we should be heading in.
Nobody could have possibly known what the right answers were back then. I just sat alone in my room each day and wordlessly took on musical challenge after new musical challenge, setting no final goal for the finished game, and without even listening to the opinions of others. And the result of that was the soundtrack to FINAL FANTASY VII.
This time round I was given the honour of writing “Hollow” that plays during the game, and this track is also in a style that has never been seen in FINAL FANTASY before. To me, it is very much a continuation of my experimental challenges in the field of music.
The first FINAL FANTASY game that I worked on at Square Enix was FINAL FANTASY VII. I sorted out the chorus and actually sung in it myself, as well as putting in the short extracts from Haydn ‘s “the Creation” that play during the story and directing the singing on them.
After FINAL FANTASY VII, I went on to compose and edit the music for FINAL FANTASY X, FINAL FANTASY XIII and related titles, and when I look around I notice that twenty years have passed since then!
This time round I got to work with many of the original team again, such as Mr. Kitase, Mr. Toriyama and Mr. Uematsu, and it really feels like time has started to flow backwards!
On the surface we are working together as developers now, but for me, these were the people who were my inscrutable seniors in the company and who checked and approved my pay.
After many moons have passed and I announced my resignation, I still sent them letters and they were a source of inspiration to me simply by being who they are. I never spoke to any of them outside of a work context, but those things stick strongly in your memory over such long development periods.
When Mr. Kitase and Mr. Toriyama contacted me about FINAL FANTASY VII REMAKE, and with Mr. Uematsu even recommending me for the job, there was no way I could turn it down!
I was exhausted and even felt that I had enough of making games, possibly because of my increasing age and feeling very limited by the new system, but in the end I think it was those feelings that let me push myself back.
It is the same every time, but I feel that I have managed to somehow write music that very much has the “Final” ethos of FINAL FANTASY behind it.
Mitsuto Suzuki
“Would you like to create this scene from the music up?”
This very happy question was how I was asked to join the FINAL FANTASY VII REMAKE development team.
Thinking back to around the time that the original FINAL FANTASY VII was released, I was already working in the music world and there were always recruitment ads from the SQUARE’s Sound team in the music magazines that I read avidly, alongside adverts for FINAL FANTASY VII itself.
Time has passed since then and it is now 10 years since I became involved in games. Working on the FINAL FANTASY VII REMAKE feels very strange, but at the same time it also brings back vivid memories of the sounds, surprises and emotions I experienced at the time.
It did not take long for me to come together with the original project staff and grasp my position on the team. My role here was to work on the new elements that a remake allows and breathe new life into it.
I have created a huge number of tracks and put great care into how they are presented, in order to create something that will delight both people who played the original game and those who are experiencing it for the first time with the remake. I strove to always put a sense of playfulness into the music, not just for the new pieces but also with new arrangements and samplings of older tracks that respect the originals and full re-makes of some of them.
Working on places like Wall Market, the Honeybee Inn and Midgar Highway was one thrill after another! I brought back the surprise and enjoyment that I felt as a consumer of the original game, but the biggest change this time round is that I am now on the side providing those experiences.
Myself and the large sound team came together to remake the sound of this world. There is a lot to look forward to and not long to wait now!
japanese role playing game
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Jason C. Hodges
https://www.fromheroestoicons.net
Author, Writer, Artist, Designer, and Founder of From Heroes to Icons
PlayStation 5 Launches on November 12th in the United States
God of War: Ragnarok – Teaser Trailer
Demon’s Souls – Gameplay Trailer
My Comic Book Pull List: Episode 69 – January 13.2021
The Best of 2020: Year End Special
Your Must Have Comics for December 30, 2020
The Day After New Comic Book Day: Christmas Eve
Disney Investor Day 2020: Sizzle | The Bad Batch | Disney+
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Pizza Inn Returns to Durant, Oklahoma
Pizza Inn is back in Durant, Oklahoma.
Located at 415 Westside Drive, the Pizza Inn restaurant reopened on Monday, November 11, under new ownership by franchisee Charlie Clark. Clark has several years of restaurant experience, including working with well-known pizza brands such as Mr. Jim’s Pizza and Cicis Pizza. Clark also currently owns a Pie Five restaurant, a sister concept of Pizza Inn.
“Pizza Inn fans in Durant have been clamoring for its return, so I couldn’t be more thrilled to reopen the restaurant,” Clark says. “Pizza Inn’s high quality, made-from-scratch dough and All Day Buffet offers a wide variety unlike anything else, so I’m excited to bring it back to the area. We are looking forward to becoming an integral part of the community.”
Guests at Pizza Inn Durant can enjoy the unmatched variety of the All Day Buffet, with more than 40 items available on its buffet and salad bar – all day, every day. The new restaurant is open Sunday through Thursday from 11 a.m. to 9 p.m., and Friday and Saturday from 11 a.m. to 10 p.m. The menu is available for dine-in and carry-out.
Durant’s new Pizza Inn will celebrate its official grand opening Jan. 10-12 with a special buffet and drink price of $7.99. The restaurant will also give away random door prizes throughout the weekend.
The All Day Buffet offers specialty pizzas like Buffalo Chicken Pizza, BBQ Chicken Pizza, Bacon Cheeseburger Pizza, Taco Pizza and Loaded Baked Potato Pizza. Of course, the buffet also boasts classic fan favorites like Pizza Inn’s famous Chocolate Chip Pizzert, Spaghetti and Garlic Cheese Bread. The number of items on the All Day Buffet vary by location at certain times of day.
“We are excited to reopen in Durant and couldn’t ask for a better franchisee to lead the way,” says Brett Heinen, Vice President of Brand Development at RAVE Restaurant Group. “Charlie has done a phenomenal job with Pie Five and we have no doubt that he will do the same with this new Pizza Inn location.”
Haynes Lubricants
Manufacturers of sanitary food-grade lubricants for food service equipment.
Edlund Company, LLC
319 Queen City Park Rd
Foodservice and food processing scales, smallwares & kitchen prep equipment (more)
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New Projection: 2019 Pedestrian Fatalities Highest Since 1988
CONTACT: Joe Feese, 202-580-7930
More than 6,500 Pedestrians Killed on U.S. Roads Last Year
WASHINGTON, D.C. – A new report from the Governors Highway Safety Association (GHSA) predicts that 6,590 pedestrian fatalities occurred in 2019, the highest number in more than 30 years.
GHSA asked states to report pedestrian fatalities for the first six months of 2019. After adjusting the raw data based on historical trends, GHSA projects a 5% increase in the number of pedestrians killed during the full 2019 calendar year. In 2018, 6,227 people on foot lost their lives in motor vehicle crashes.
GHSA’s annual “Spotlight on Highway Safety” offers a first look at state and national trends in 2019 pedestrian traffic deaths, based on preliminary data provided by State Highway Safety Offices in all 50 states and the District of Columbia. Richard Retting of Sam Schwartz Consulting analyzed the data and authored the report.
“In the past 10 years, the number of pedestrian fatalities on our nation’s roadways has increased by more than 50%,” said GHSA Executive Director Jonathan Adkins. “This alarming trend signifies that we need to consider all the factors involved in this rise, identify the high-risk areas, allocate resources where they’re needed most, and continue to work with local law enforcement partners to address the chronic driver violations that contribute to pedestrian crashes.”
Pedestrians are projected to account for 17% of all traffic deaths in 2019, compared to 12% in 2009. While pedestrian deaths have been increasing significantly over the past decade, the number of all other traffic deaths has increased by only 2%. A statistical projection of traffic fatalities for the first half of 2019 (conducted by NHTSA) shows an estimated 3.4% reduction in overall traffic fatalities compared to the first half of 2018. Although advancements in motor vehicle safety and technology have increased survivability for vehicle occupants involved in crashes, pedestrians remain just as susceptible to sustaining serious or fatal injuries when struck by a motor vehicle.
A number of trends offer insight into the many causes behind the rise in pedestrian fatalities:
Most pedestrian fatalities take place on local roads, at night and away from intersections, suggesting the need for safer road crossings and increased efforts to make pedestrians and vehicles more visible. During the past 10 years, the number of nighttime pedestrian fatalities increased by 67%, compared to a 16% increase in daytime pedestrian fatalities.
Many unsafe driving behaviors – such as speeding, distracted and drowsy driving – pose risks to pedestrians, and alcohol impairment by the driver and/or pedestrian was reported in nearly half of traffic crashes that resulted in pedestrian fatalities in 2018.
Pedestrians struck by a large SUV are twice as likely to die as those struck by a car. Although passenger cars are the largest category of vehicles in fatal pedestrian crashes, the number of pedestrian fatalities over the past decade involving SUVs increased at a faster rate – 81% – than passenger cars, which increased by 53%.
“Each year, thousands of additional people are dying in pedestrian crashes compared to a decade ago” said report author Richard Retting. “Following 30 years of declining pedestrian fatalities, there has been a complete reversal of progress. Pedestrians are at an inherent disadvantage in collisions, and we must continue to take a broad approach to pedestrian safety.”
Despite the alarming projected increase in pedestrian deaths, the report identifies a number of promising lessons from state-reported data. For example, 20 states and Washington, D.C., saw declines in pedestrian fatalities for the first half of 2019 compared to 2018, with six states reporting double-digit declines and seven reporting consecutive years of declines. Additionally, sharp decreases in pedestrian fatalities in some cities suggest that state-level data may obscure local success stories.
In addition to examining pedestrian fatality crash characteristics, the report discusses comprehensive strategies to reduce pedestrian and motor vehicle crashes, addressing promising infrastructural, educational and enforcement approaches. It also outlines specific examples from states, such as targeted law enforcement efforts, outreach in high-risk areas, pedestrian safety assessments and road safety audits, and support for engineering efforts.
The full report, including infographics and state-by-state data, is available at ghsa.org/resources/Pedestrians20.
The Governors Highway Safety Association (GHSA) is a nonprofit association representing the highway safety offices of states, territories, the District of Columbia and Puerto Rico. GHSA provides leadership and representation for the states and territories to improve traffic safety, influence national policy, enhance program management and promote best practices. Its members are appointed by their Governors to administer federal and state highway safety funds and implement state highway safety plans. Contact GHSA at 202-789-0942 or visit www.ghsa.org. Find us on Facebook at www.facebook.com/GHSAhq or follow us on Twitter @GHSAHQ.
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FASHION JOE
Fashion Joe is a Video Editor based in Los Angeles who specializes in creating comedic and action centric pieces.
His love for editing started in high school where he opted to buy a G4 tower with Final Cut Pro, instead of getting a car, to impress the lady folk. He got his start professionally working in Advertising, where he found a niche in creating action packed game trailers, and comedic live action spots for a wide range of clients. He's worked with Microsoft, EA, Riot Games, Mattel, Epic Games, Oculus, Ubisoft, WB Games, and many more!
Fashion Joe is a lover of storytelling, and constantly seeks new challenges in the medium. If you're looking for someone who understands comedic flow or knows how to compose an action packed scene to keep the audience riveted, look no further, for Fashion Joe is simply The Man...
For a more detailed look at his work history, click on this blue Linkedin Icon!
© 2018 by "Fashion" Joe Williams
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Guidance for the Submission of Premarket Notifications for Emission Computed Tomography Devices and Accessories (SPECT and PET) and Nuclear Tomography Systems
Guidance for the Submission of Premarket Notifications for Emission Computed Tomography Devices and Accessories (SPECT and PET) and Nuclear Tomography Systems Guidance for Industry December 1998
Download the Final Guidance Document
FDA-2020-D-0957
Center for Devices and Radiological Health
PDF Printer Version
Document issued on: December 3, 1998
Radiological Devices Branch
Division of Reproductive; Abdominal; Ear, Nose, and Throat;
And Radiological Devices
Office of Device Evaluation
Comments and suggestions may be submitted at any time for Agency consideration to, Robert Phillips, Ph.D., Chief, Conventional and Therapeutic Radiological Devices Branch, HFZ-470, 9200 Corporate BLVD., Rockville, MD 20850. Comments may not be acted upon by the Agency until the document is next revised or updated. For questions regarding the use or interpretation of this guidance contact Andrew Kang, MD at (240) 276-3666 or by e-mail at s.kang@fda.hhs.gov.
Additional copies are available form the Internet. You may also send an e-mail request to CDRH-Guidance@fda.hhs.gov to receive a copy of the guidance. Please use document number 2240 to identify the guidance you are requesting.
Regulatory Requirement
The New 510(k) Paradigm
Special 510(k)
Abbreviated 510(k)
Standards for Emission Computerized Tomography (ECT) Devices
NEMA Performance Standard
General Information Required in a Premarket Notification
Device Description
Year 2000 Compliance
Electrical, Mechanical Safety
Single Photon Emission Computerized Tomography (SPECT)
Comparison with the Predicate Device(s)
VIII-1 511 keV Ultra-High Energy Collimators (UHEC)
Mechanical Safety Data
VIII-2 Attenuation Correction Device (ACD) for SPECT
Bench Tests
Additional Labeling
Clinical Image
Coincidence Imaging Device (CID)
Nuclear Tomography System
510(k) Summary/Statement Certification
Indications for Use Form
Premarket Notification Truthful and Accurate Statement
I. Purpose
The purpose of this guidance document is to provide a detailed description of the information that should be included in a premarket (510(k)) notification for an emission computed tomography diagnostic device or nuclear tomography system submitted to the Center for Devices and Radiological Health (CDRH). This information is an elaboration of the general requirements contained in 21 CFR 807.87.
II. Scope
The scope of this document encompasses Emission Computed Tomography Systems as defined in 21 CFR 892.1200 and Nuclear Tomography Systems as defined in 21 CFR 892.1310.
"An emission computed tomography system is a device intended to detect the location and distribution of gamma ray- and positron- emitting radionuclides in the body and produce cross-sectional images through computer reconstruction of the data"
"A nuclear tomography system is a device intended to detect nuclear radiation in the body and produce images of a specific cross-sectional plane of the body by blurring or eliminating detail from the other planes."
This includes Single Photon Emission Tomography (SPECT) imaging systems and their accessory devices, 511 keV Ultra-High Energy collimators (UHEC), Attenuation Correction Devices (ACD), Positron Emission Tomography (PET) imaging systems and their accessories, Coincidence Imaging Devices (CID), and Nuclear Tomography Systems (NTS) and its accessories.
III. Background
A number of legislative changes relating to the authority of the agency have occurred. These changes have resulted in the adoption of new regulations and administrative procedures by CDRH which affect the 510(k) process. The Safe Medical Devices Act of 1990 (SMDA) has resulted in New Good Manufacturing Practice (GMP) regulations requiring pre-production design controls, and several administrative requirements (Summaries of Safety and Effectiveness, and Statements of Indications for Use) have been added. The Food and Drug Administration Modernization Act (FDAMA) of 1997 and a re-engineering effort have resulted in the development of a new 510(k) paradigm, which incorporates alternative approaches to demonstrating substantial equivalence in premarket notifications. These approaches are intended to facilitate the marketing clearance of devices, such as SPECT or PET devices, for which recognized standards exist, and for cases in which the new device is a modification of a previously cleared product.
IV. Regulatory Requirements
Under the Medical Device Amendments to the Federal Food, Drug and Cosmetic Act of 1976, all Emission Computed Tomography (ECT) and their accessory devices may be cleared by 510(k) process, when the device shows substantial equivalence to the legally marketed predicate devices. All Emission Computed Tomography devices and accessories are currently classified as Class II devices with a Product Code of 90-KPS. Nuclear Tomography Systems are classified Class II with a product code of JWM.
V. The New 510(k) Paradigm
On March 20, 1998 CDRH issued a document entitled "The New 510(k) Paradigm - Alternative Approaches to Demonstrating Substantial Equivalence in Premarket Notifications". This document is available on the CDRH web site. In addition to the traditional 510(k), this document describes two alternatives, the "Special 510(k): Device Modification" and the "Abbreviated 510(k)".
The Special 510(k) is based on the requirement that manufacturers establish design controls in accordance with the SMDA and 21 CFR 820.30. A manufacturer uses the FDA guidance document entitled "Deciding When to Submit a 510(k) for a Change to an Existing Device" to decide if a device modification could be implemented without submission of a new 510(k). If a new 510(k) is needed, and if the modification does not affect the intended use of the device or the basic fundamental scientific technology, conformance with design controls may form the basis for clearing the application. Under this option, a manufacturer who is intending to modify a legally marketed Class II device would conduct the necessary verification and validation activities to demonstrate that the design output of the modified device meets the design requirements. Once the company has ensured the satisfactory completion of this process through a design review, a Special 510(k) may be submitted. While the basic content requirements for the submission are the same, this type of submission should also reference the cleared 510(k) and contain a "Declaration of Conformity" with design control requirements. In the Special 510(k) the manufacturer has the option of using a third party to assess conformance with design controls (refer to the paradigm document for details). Special 510(k)s are to be processed by the Office of Device Evaluation within 30 days of receipt by the Document Mail Center.
The Abbreviated 510(k) is based on the use of conformance to voluntary standards in place of data review as the means by which the safety and effectiveness of Class II devices can be assured. Manufacturers may submit an Abbreviated 510(k) when FDA has recognized an individual or several voluntary standards that cover aspects of the new device. In addition to the required elements of a 510(k) as described in 21 CFR 808.87, Abbreviated 510(k) submissions should include information that describes how conformance to one or several voluntary standards, recognized by CDRH, have been used to address risks associated with the device, and a "Declaration of Conformity" to those standards. The "Declaration of Conformity" should provide the information listed in the paradigm. A third party may be used to assess conformance with these standards (refer to the paradigm document for details). The review of abbreviated 510(k)s is intended to be more efficient since they are not required to contain the experimental data from which conformance is determined.
VI. Standards for Emission Computed Tomography (ECT) Devices
The Food and Drug Administration Modernization Act of 1997 authorizes CDRH to recognize consensus standards established by national and international standards development organizations that may be used to satisfy identified portions of device review requirements. On February 19, 1998 CDRH issued a "Guidance on the Recognition and Use of Consensus Standards" which is intended to provide information relating to the recognition and use of national and international consensus standards. It is available on the CDRH web site (http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm077274.htm), and describes how the agency will use information on conformance with recognized standards to satisfy premarket review requirements. It also describes the content of a declaration of conformity. In the case of 510(k)s, information on conformance with recognized standards might help establish the substantial equivalence of a new device to a legally marketed predicate in the areas covered by the standards. If a premarket notification contains declarations of conformity, this will in most cases eliminate the need to review the actual test data for those aspects of the device addressed by the standards. However, the results of testing are expected when the standard specifies a test method without the associated performance limits, as in the case of the NEMA standards discussed below.
NEMA Performance Standards
The NEMA standards NU 1and NU 2 are recognized by CDRH and thus may be used in Abbreviated 510(k)s for emission tomographic diagnostic devices. They provide standardized methods for measuring performance parameters for and gamma cameras (SPECT) and positron cameras (PET). To the extent possible, these methods should be utilized in traditional as well as abbreviated 510(k)s. The NEMA standards are:
NU 1 ---- Performance Measurements of Scintillation Cameras (1994)
NU 2 ---- Performance Measurements of Positron Emission Tomographs (1994)
It is important to recognize that the NEMA standards only prescribe standard measurement methods. They do not specify acceptable levels of performance or safety. Acceptable levels of performance are assessed by a comparison to previously cleared devices, on a case-by-case basis, depending upon intended use, and the substantial equivalence criterion.
Levels of electrical and mechanical safety parameters are addressed by other standards discussed below. These standards are also recognized by CDRH.
IEC 60601-1, International Electrotechnical Commission, Medical Electrical Equipment, Part 1: General Requirements for Safety
IEC 60601-1-2, Requirements for safety; Electromagnetic Compatibility - Requirements and Tests
EN 1441 (1997), Medical Devices - Risk Analysis
UL 544, Standards for Medical, Dental Equipment, 3rd edition
UL 2601-1, Medical Electrical Equipment, Part 1: General Requirements for Safety (This is the UL version of IEC 60601-1).
NEMA PS3, DICOM (Digital Imaging and Communications in Medicine) (set includes PS3-1 through PS3-13) -- This standard specifies formats for the exchange of radiology and other medical images.
VII. General Information to be Submitted in a Premarket Notification
General information to satisfy 21 CFR 807.87 for premarket notification submissions is listed and discussed in detail below. This applies to all devices covered in this guidance along with the specific requirements listed under the specific device sections.
Name and address of manufacturer.
Establishment registration number (if not available, registration application should be submitted).
Name, title, phone number, fax number and E-mail of contact.
Trade name, model number, and common name of device.
Type of submission (special, abbreviated or traditional)
Classification and class of device (21 CFR 892.1200, class II), and product code (90-KPS)
Intended use (general purpose of device per 21 CFR 892.1200)
Applicable standards (e.g. NEMA, IEC or other standards).
510(k) Summary of Safety and Effectiveness or Statement (see 21 CFR 807.92 and 807.93)
FDA Indications for Use Form (specific diagnostic use of device, i.e. the anatomical region and/or disease/condition which the device is intended to diagnose)
Truthful and Accurate Statement (see 21 CFR 807.87(j))
Declarations of Conformity to Consensus Standards (Abbreviated 510(k) only)
Declaration of Conformity to Design Controls (Special 510(k) only)
Refer to each specific device section.
Software used for ECT devices, in image acquisition, processing, creation of patient's database or image transmission, are of a moderate level of concern, as described in "Guidance for the Content of Premarket Submissions for Software Contained in Medical Devices (CDRH, 1998)."
The following lists, in general, the software information that should be included is a submission:
The level of concern
A software description, including version number
Device hazard analysis
Software requirements specifications
Architecture design chart
Traceability analysis
Summary of the software life cycle development plan, including configuration management and maintenance activities)
Description of Validation, Verification, and Testing activities at the unit, integration and system level. System level test protocol including pass/fail criteria and test results.
Revision history log
List of errors and bugs that remain in the device and an explanation how they were determined not to impact safety and effectiveness, including operator usage and human factors
Until January 1, 2000, specify whether the device is Year 2000 compliant. Describe the method(s) used for making this determination.
Provide information to establish the safety (electrical, mechanical, thermal, etc.) of your device. This may be either a Declaration of Conformity to FDA recognized standard(s), data following an unrecognized standard together with a rationale for its use, or complete data and a description of the testing methodology.
Following labeling recommendations apply to all Emission Computed Tomography (ECT) devices, in addition to the specific labeling recommendations discussed under the specific device sections. The labeling for a ETC device should consist of Essential Prescribing information, specifications (i.e. a product data sheet), promotional material, and instructions for use (operator's manual).
Essential Prescribing Information (EPI) Consists of:
a brief device description;
intended use / indications;
contraindications, warnings, precautions;
adverse events;
conformance to standards;
operator's manual -- brief description
maintaining device effectiveness
complete device description
summary of recommended quality control method(s); on daily, weekly, or quarterly bases;
summary of recommended maintenance schedules for the equipment, including a designation of whether they should be performed by the user or company service personnel;
summary of or reference to NRC requirements for radioisotope handling (when a radioisotope is installed in the device permanently or transiently for imaging purposes);
Summary Specification Sheet
Provide a listing of the device specifications.
Promotional Material (Product Data Sheet)
Claims contained in the promotional material should be consistent with the statements in the FDA "Indications for Use" form.
Users Manual
Complete instructions for the use of the device.
VIII. Single Photon Emission Computed Tomography (SPECT)
Single Photon Emission Computed Tomography (SPECT) devices are intended to detect gamma radiation events and produce tomographic images that reflect the distribution of a radiopharmaceutical in the body or individual organs. [Devices capable of detecting coincidence events of 511 keV photons are not included in this section; refer to Section C. Coincidence Imaging Devices (CID)].
The device description should contain the following information.
A list of major components of the system and their purpose, including the number of the detector heads, gantry, patient's table, and acquisition and processing work station with related interfacing software.
A description of the basic design principles of gamma detection and image production methods used, the unique features of the system, and the similarities to, and the differences from the predicate device, in regard to the energy source, performance characteristics, and the patient's safety. (e.g., describe the type of crystal used, conventional NaI crystal vs. solid state semiconductor (CdTe) unit (or other type of crystals); the photomultiplier tubes (PMT), the image acquisition mode, the image processing method and algorithms, the interface software, the energy range of photon detection, the image storage and retrieval, the gantry design, collimators, patient's table, and a built-in radioactive scanning source housing, if there is one).
A description of the following:
Detector ---- physical characteristics of the detector, including the shape and the size of a detector head, FOV, number of crystal, or other gamma detecting unit, and the thickness of the crystal, the shape and number of PMTs.
System Gantry ----the physical dimensions, partial and overall weight, functional design, stability, mobility, safety features
Patient's table ---- the overall dimensions, design characteristics, material, weight limitation, safety features.
Collimators ---- the number of collimators included, model numbers, weight of each collimator, collimator mounting accessories and safety features.
Collimator storage and exchange cart ---- the collimator storage unit and the method of collimator exchange. (manual, automatic, etc).
Image Acquisition and processing work station ----- the workstation, e.g.; integrated, acquisition or processing only, universal or domain.
Software; acquisition, processing, and networking ---- acquisition software, reconstruction methods; FBJ (filtered Back Projection), or iterative, processing software, 3rd party software, networking interface method,
Other accessory devices ----- display monitors, hand-held or wireless remote control unit, laser-positioning device, image storage and other hardware and software.
Functional characteristics, e.g.; simultaneous, dual isotope, triple window imaging, whole body capability, analog, or digital signal processing with ADC (Analog to Digital Converter), body contouring, etc.
Photograph(s) showing the front, side and top view(s) of the device and summary diagrams or drawings showing the dimensions of major parts and components and describing the connections between the various components.
Comparison of the New and Predicate Device(s)
A 510(k) submission is a comparison of a new device to a predicate to show that the two devices are substantially equivalent. Therefore, the sponsor must identify at least one class II legally marketed device to which equivalence is claimed and compare the device to the predicate in terms of design, performance, and functional and physical specifications. Any significant differences should be explained and a rationale given for substantial equivalence.
The performance characteristics of the system should be provided. These should include:
intrinsic spatial resolution in FWHM at the surface and at 10 cm;
spatial energy resolution;
spatial linearity;
flood field uniformity;
count rate sensitivity; and
isolation of the detector to background.
Performance test data should be obtained using a NEMA NU1 phantom or an equivalent, under the NEMA or equivalent performance standard test procedures. Describe, in detail, alternate methods and phantoms and provide a rationale for the acceptability of these alternates.
In tabular form, summarize the potential hazards (electrical, mechanical, radiation, software, etc.) associated with the device and describe the methods used to mitigate them. (This is not needed if it is provided in the software section).
Provide sample images from three clinical cases (may be from three different procedures), using the subject SPECT device.
VIII-1 511 keV Ultra-High Energy Collimators (UHEC) for SPECT
A 511 keV UHEC is an accessory device to a SPECT system that enables it to effectively detect and image 511 keV photons.
In January 1997,CDRH issued a letter announcing the agency's decision to allow 511 keV collimators to be cleared for market by the 510(k) process.
Provide a description of the collimator including the hole diameter, septal thickness, hole length, number of holes, dimensions, detector shielding, collimator weight, the total weight of all collimators on the system (i.e. triple detector devices usually use three collimators, the collimator supporting mechanism, mechanical safeguards, collimator storage device and the collimator changing procedure.
The performance characteristics of the system with the collimator(s) should be provided and include:
isolation of the detector from background.
Provide a detailed description and drawing of the collimator mounting assembly to the detector head for each model of camera system that the collimator is intended to fit. Provide the design safety factor of the mounting assembly that supports collimator weight.
Provide data showing that the system can safely support the weight of the collimator(s). Describe the test procedures used to determine this.
If upgrading an existing system to accommodate the 511 keV collimator(s), provide the results of and describe the test procedures used to ensure the safety of the old system with the new collimator(s) installed
Submit sample images from three different organs, such as brain, lung, and heart, obtained on each system used with the collimator.
For an add-on collimator, for each system intended to be used with the collimator(s), provide the system name, model number, and list the performance specifications for the 511-keV collimator (see part D, this section)
Include a brief precautionary statement on the limited spatial resolution of the 511 keV collimator, such as the following.
"Caution: The minimum spatial resolution on this system using 511-keV collimator is __ mm. (Fill the blank with the device's measured resolution). The spatial resolution of 511 keV collimator is generally not as good as that of a typical PET imaging system."
Include a warning that the system should only be used with FDA approved radiopharmaceuticals.
VIII-2. Attenuation Correction Device (ACD) for SPECT
An Attenuation Correction Device for SPECT is an accessory intended to correct or minimize the distortion caused by false information in emission computed tomographic images due to overlying tissue or undesired scatter photons.
The indication statement should include the specific trade name of the ACD and the name and model number of the camera system(s) that the ACD is intended to be used with. The statement should also specify whether it includes scatter correction capability.
Provide a description of the ACD including the method(s) of the attenuation correction (fan beam, parallel beam, or multiple line array, fixed or scanning beam(s)), the method of scatter correction (split energy windows (or triple energy windows, TEW) or pixel by pixel correction). It should also specify the number of the ACD devices in a system, and provide a detailed description of the components, acquisition methods (sequential or simultaneous acquisition of emission and transmission images), and the image reconstruction algorithm (such as; MLEM or OSEM, FBP, or iterative). Also include a description of transmission source, the source housing, the radiation and other safety features, and other physical, functional specifications of the device. The transmission source description should include the type of source (isotope), the amount of radioactivity, and descriptions of the source housing, safety features of the housing, the shutter, and shielding.
Submit a photograph, drawing, or diagram of the ACD, showing its dimensions, the source housing, the detector head and the connection with the ACD assembly. Describe of the material used, the design and the construction of the housing and comment on the related safety issues.
Radiation measurements
Provide the leakage radiation rates from source housing measured with the source in the "OFF" position. Describe the methods and equipment used to do these measurements or provide a declaration of conformity to a recognized methodological standard (e.g., NRC guideline for measurement of leak rate of a radioactive sealed source or NCRP Report 102). Leakage rates, less than 2 mGy/h (200 mrad/h) at 5 cm from the surface of the source housing, and less than 20 µGy/h (2 mrad/h) at 1 m from the source are acceptable range.
Provide an estimate of the patient radiation exposure dose from the transmission source for a typical clinical procedure.
Using NEMA NU 1, SPECT phantom or an equivalent phantom, provide comparison data and images with and without the use of ACD. Also provide comparison data for uniformity, attenuation map generation, and spatial resolution.
Submit images from three clinical studies obtained with and without using ACD.
The source replacement procedure should be thoroughly described in the user's manual, including the wipe test procedure according to the NRC Guideline or equivalent.
IX. Positron Emission Tomography (PET) System
Positron Emission Tomography (PET) devices are intended to detect, using coincidence detection circuitry, 511 keV gamma radiation events, and produce tomographic images that reflect the distribution of a positron emitting radiopharmaceutical in the body or individual organs.
The device description should contain descriptions of the general design and functional characteristics of the system. It should include the device's trade name, model number, a list of components, a description of the physical, functional, and performance characteristics of each component, a description of the patient and user safety features, and the similarities and differences from the predicate device(s).
The following should be described in detail:
Detector unit --- Descriptions should include the type of scintillator ( NaI, BGO, CsF, LSO, etc.); the number, size, thickness of the scintillator and PMTs; and the cooling system. Provide the general or measured performance characteristics.
Gantry System ---- Describe the physical and functional characteristics of the gantry; e.g., dimensions, design principles, whether it is a rotating ring gantry or multi-detector gantry system, and patient safety features.
Patient table ---- Provide physical dimensions, functional characteristics, patient weight limitation, and safety features.
Transmission source ---- Provide the name of the isotope and the amount of radioactivity. Provide a physical description of the source housing and a description of its safety features.
Computer workstation and software ---- Describe the computer workstation, acquisition software, reconstruction algorithms (e.g., OSEM (Ordered Subset Expectation Maximization), FBJ (filtered Back Projection), iterative reconstruction, etc.), 3rd party software, networking software, and interfacing method.
Other accessory devices ----- Describe display monitors, hand-held or wireless remote control units, laser positioning devices, image storage and other hardware and software.
Provide photograph(s) showing the front, side and top view(s) of the device and summary diagrams or drawings showing the dimensions of major parts and components and describing the connections between the various components.
Bench Test
Provide the leakage radiation rates from source housing measured with the source in the "OFF" position. Describe the methods and equipment used to do these measurements or provide a declaration of conformity to a recognized methodological standard (e.g., NRC guideline for measurement of leak rate of a radioactive sealed source or NCRP Report 102). Leakage rates less than 2 mGy/h (200 mrad/h) at 5 cm from the surface of the source housing, and less than 20 uGy/h (2 mrad/h) at 1 m from the source are acceptable.
The performance characteristics of the system should be provided and include:
energy resolution;
transverse and axial resolutions
the system sensitivity,
coincidence timing window,
coincidence dead time,
scatter fraction,
scatter correction method,
slice thickness,
Performance test data, should be obtained using a NEMA NU2 phantom, or an equivalent, under the NEMA or equivalent performance standard test procedures. Describe, in detail, alternate methods and phantoms and provide a rationale for the acceptability of these alternates. Results should be reported in the same units as specified in the NEMA standard.
Provide sample images from three clinical cases using the submitted PET device.
X. Coincidence Imaging Devices (CID)
A Coincidence Imaging Device is a SPECT system, which is equipped with coincidence circuitry to allow the detection of coincident 511 keV photon events. The device can be operated in either single photon or coincident photon mode.
Description of the non-coincidence part of SPECT system
Describe as a conventional SPECT system. Follow the guidelines described under Section A of the document titled Single Photon Emission Computed Tomography (SPECT).
Description of the coincident part of the SPECT system
Describe each component associated with coincidence detection. Describe the design principles of the device's coincidence detecting capability and discuss all the modifications, from the original SPECT system, built into the system to improve the functionality of coincidence imaging.
Detector system ---- Descriptions should include the type, size, and thickness of the scintillator; and the number and size of PMTs; the Constant Fraction Discriminator (CFD), scatter shields, axial filters, coincidence detection circuitry, and the timing device.
Performance specification of coincidence device ---- Provide the common performance specifications including spatial resolution (FWHM), system sensitivity, energy resolution, count rate performance, coincidence window, scatter fraction (%), count efficiency, coincidence dead time.
Coincidence enhancement methods applied ----- Describe the methods used to implement coincident imaging such as pulse shortening (pulse clipping), multiple trigger channels, dual energy windows, shortening the dead time, etc.
Other information to be submitted -- device photographs, diagrams and drawings, bench tests, safety evaluation, hazard analysis, software, and clinical images -- are the same as for SPECT and PET Imaging Systems respectfully. Please follow the guidelines in Sections VIII, Single Photon Emission Computed Tomography (SPECT) and IX, Positron Emission Tomography (PET) of this guidance.
IX. Nuclear Tomography Systems
A nuclear tomography system (NTS) is a device intended to detect nuclear radiation in the body, using a scintillation (gamma) camera, and produce images of a specific cross-sectional plane of the body by blurring or eliminating detail from the other planes by means of synchronous motion of the camera collimator and the patient support assembly.
Device Review Process
The device covered by this section used mechanical motion synchronized between the camera collimator and patient table to create a tomographic effect with the image plane parallel to the patient table. Emission computed tomography superseded NTS as the method of choice for performing nuclear medicine tomography. The last submission for marketing approval for an NTS device was received in 1991. CDRH, therefore, regards NTS devices to be obsolete. There are no submission guidances available for this type of device.
Voluntary Standards in 510ks
Reviewers should rely on a declaration of conformity to the recognized consensus standards if the declaration
identifies the applicable recognized consensus standards and specifies those that were met;
specifies, for each consensus standard, that all requirements were met, except for inapplicable requirements or deviations noted below;
identifies for each consensus standard any way(s) the standard may have been tailored or modified for application to the device under review, e.g., identifies which of an alternative series of tests were performed;
identifies, for each consensus standard, any requirements that were not applicable to the device;
specifies any deviations from each applicable standard that were applied (e.g., deviations from international standards which are necessary to meet U.S. infrastructure conventions such as the National Electrical Code (ANSI/NFPA 70));
specifies what differences exist, if any, between the tested device and the device to be marketed and justifies the use of test results in these areas of difference; and
if a test laboratory or certification body was employed, provides the name and address of each laboratory or certification body that was involved in the determining the conformance of the device with the applicable consensus standards and a reference to any accreditation of those organizations.
Re: K______________
CHECK ONLY ONE:
1. 510(k) Summary. Attached is a summary of safety and effectiveness information upon which an equivalence determination could be based.
2. 510(k) Statement. I certify that, in my capacity as
of ______________________________________________________(company),
I will make available all information included in this premarket notification on safety and effectiveness within 30 days of request by any person if the device described in the premarket notification submission is determined to be substantially equivalent. The information I agree to make available will be a duplicate of the premarket notification submission, including any adverse safety and effectiveness information, but excluding all patient identifiers, and trade secret and confidential commercial information, as defined in 21 CFR 20.61.
[ Signature*]
[Typed or Printed Name]
* Must be signed by a responsible person of the firm required to submit the premarket notification (e.g., not a consultant for the 510(k) submitter).
Page_____of_____
510(k) Number (if known):_________________
Device Name:________________________
Indications For Use:
(PLEASE DO NOT WRITE BELOW THIS LINE-CONTINUE ON ANOTHER PAGE IF NEEDED)
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Concurrence of CDRH, Office of Device Evaluation (ODE)
Prescription Use ___
(Per 21 CFR 801.109)
Over-The-Counter Use____
(Optional Format 1-2-96)
(as required by 21 CFR 807.87(j))
I certify that, in my capacity as ___________________________________________________ of _______________________________(company name), I believe, to the best of my knowledge, that all data and information submitted in this premarket notification is truthful and accurate and that no material fact has been omitted.
(Signature*)
(Typed Name
(510(k) number)
Submit Comments Online
You can submit online or written comments on any guidance at any time (see 21 CFR 10.115(g)(5))
All written comments should be identified with this document's docket number: FDA-2020-D-0957.
Premarket
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U.S. Senate Passes Amendment to Ban Import of Illegal Wood
Washington DC, USA, 14 December 2007 -- U.S. Senator Ron Wyden (D-Ore) announced today that an amendment based on the Combat Illegal Logging Act was included in the Farm bill (H.R.2419) which passed the Senate by a vote of 79 to 14.
Wyden introduced the “Combat Illegal Logging Act of 2007” earlier this year to halt the trade of illegal timber and timber products. American manufacturers are increasingly struggling to compete with the low-priced wood and wood products being harvested from illegal sources and illegal logging is a source of severe environmental damage in many parts of the world. The bill now moves to a conference committee to work out differences between Senate and House versions of the legislation.
“This legislation addresses an illegal logging crisis,” said Wyden. “Oregon workers and communities are threatened when American companies are forced to compete with illegal foreign imports. Stopping the importation of illegal timber helps protect the environment, supports living wage jobs, and levels the playing field for American manufacturers.”
The legislation expands the Lacey Act — which currently regulates trade in fish, wildlife, and a limited subset of plants — to prohibit the import, sale, or trade in illegally harvested wood and wood products.
By curbing illegal logging in regions that include the Amazon, the Congo Basin, and Siberia, Wyden’s legislation works to preserve and protect ecosystems that are being destroyed by this devastating practice.
The amendment enjoyed broad bipartisan support and was cosponsored by 14 Senators, including Lamar Alexander (R-TN), John Kerry (D-MA), Russell Feingold (D-WI), Jeffrey Bingaman (D-NM), John Sununu (R-NH), Christopher Dodd (D-CT), Debbie Stabenow (D-MI), Joseph Biden (D-DE), Maria Cantwell (D-WA), Patty Murray (D-WA), Olympia Snowe (R-ME), Judd Gregg (R-NH), Max Baucus (D-MT), and Ken Salazar (D-CO).
The amendment is the product of extensive negotiations with the American Forest and Paper Association, the Hardwood Federation, and the Environmental Investigation Agency. The Combat Illegal Logging Act enjoys the collective support of the timber and timber-products industry, organized labor, and the environmental community including:
American Home Furnishings Alliance
Center for International Environmental Law
Conservation International
Dogwood Alliance
ForestEthics
Hardwood Federation
International Association of Machinists and Aerospace Workers
International Brotherhood of Carpenters and Joiners of America
International Wood Products Association
National Lumber and Building Material Dealers Association
National Marine Manufacturers Association
Rainforest Action Network
Society of American Foresters
Sustainable Furniture Council
Tropical Forest Trust
United Steelworkers
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LPGA Unveils New Logo
By Lpga Tour Media
DAYTONA BEACH, Fla. -- The Ladies Professional Golf Association (LPGA) unveiled its new logo, a contemporized version of its classic swinging lady mark. Working with SME, the world leader in strategic sports branding and design, the LPGA brought the vision of its dynamic future to life with a series of bold brushstrokes designed to stand the test of time.
We designed a logo that represents the power, strength and athleticism of our LPGA athletes, and with the use of the bold colors, highlights our international membership and global business, said LPGA Commissioner Carolyn F. Bivens. This new logo underscores the changes in women's sports and the LPGA in recent years, and communicates the LPGA's bright future.
The sleek new logo, which features an effortless, bold stroke-form of a female golfer, was designed to reflect the power, energy and contemporary lifestyle of the LPGA athlete. For the first time in the association's 58 years, the LPGA's primary mark will not be enclosed in a frame, representing a future with limitless potential.
The colorful new logo, the fourth in the LPGA's 58-year history, will be transitioned into the LPGA business at LPGA headquarters in Daytona Beach, Fla., on LPGA.com, via implementation by the LPGA membership and at LPGA tournaments around the world. The LPGA-owned and operated 2007 season-ending ADT Championship in November at Trump International Golf Club in West Palm Beach, Fla., will mark the first event to fully display the new LPGA logo.
Throughout the creative-design process, we sought a logo that offered a balance between the classic and traditional nature of the sport, but also captured the passion and drive of today's LPGA members, said Bill Susetka, the LPGA's chief marketing officer. We also needed a logo that we could easily reproduce on merchandise, billboards and signage, and one that could carry its meaning to all points around the world. We've achieved this with our new logo.
Of all the prestigious brand development assignments that we've been fortunate enough to work on over the years, the LPGA is among the most exciting, said Ed O'Hara, SME's chief creative officer and senior partner. The new logo is a dramatic expression of the special and unique attributes of the brand, and truly symbolizes the LPGA's brand promise of showcasing the very best in women's golf.
Fans do not have to wait until the ADT Championship to catch their first glimpse of the striking new logo. A wide array of official LPGA merchandise and golf-related items are available for the first time today via the LPGA's new online pro shop: www.LPGAproshop.com. A wide array of LPGA-branded apparel and golf-related items are now available on the Web site.
The logo redesign, the first since 1992, and LPGA Pro Shop launch are part of the organization's on-going branding initiatives that reinforce the LPGA as one of the world's most dynamic sports brands.
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Trust in the Process: Sitting with Not Knowing in Therapy
July 22, 2015 • By Peter Cashorali, LMFT, Depth Therapy Topic Expert Contributor
One aspect of psychotherapy is that the person in therapy and the therapist participate in a process larger than what either or both can directly observe. Something can be happening in plain sight, but we might not see it because it doesn’t fit into our way of looking at things. But sometimes we fit into its.
Tom—not his real name—was in his early thirties. He was dealing with a number of opportunistic infections that had him confined to a hospital bed in a back bedroom of his family’s house and changed his once-handsome appearance. I saw him through an AIDS service organization that put services into people’s homes, and one of those services was therapy. Tom presented with symptoms supporting a major depression diagnosis, which he wore with a decidedly gloomy air—with anger beneath the gloom.
I’ve never felt as flattened as a therapist as when working with Tom. “What the eff good is this supposed to do me? Pardon my French,” he drawled halfway through our second session. He was always polite, and deeply weary.
He had a point. The infections which had affected his appearance and made movement out of bed virtually impossible had interrupted a life that had always been characterized by independence, a successful career, and enjoyment. I tried bereavement work and adjustment interventions, but Tom only withdrew from dialogue, observing me from across an ironic distance. He also made it clear that he didn’t want to address his health (“I live with this all day, every day. You think I want to spend another hour talking about it?”).
What he was willing to talk about were his teenage years. He’d been born and raised in the Midwest, and his narrative, once he got going, was vibrant with details. Not just of what he’d done and the people he’d known, but about the landscape, the wildlife, and even the weather.
Tom had a highly developed extroverted sensation function. In depth psychology, this is a way of saying that a person is interested in the physical details of the world, and that these details are a source of deep pleasure. Issues of insight and meaning or even feelings weren’t high on Tom’s agenda. But he could describe the particular quality of the snow the night he and his cousin decided to walk to the corner store half a mile from the house for cigarettes (the flakes were slightly wet, so they tended to stick together, coming down in a spin because the wind kept changing direction, which was why he and his cousin lost their way on the street they’d both grown up on).
To me, this level of detail seemed like concrete thinking. I was someone driven by insight and deeply rewarded by it. It’s also how I gauged progress in the work. I couldn’t see anything happening in our sessions, which naturally made me think that nothing was. Early on, I asked him, tentatively, if he would prefer to work with someone else. To my surprise, he told me, “This is working OK. I don’t have any complaints.” I didn’t get it. Gradually, I learned to set aside my own expectations—one of which was that I was supposed to get it, was supposed to get something—and just be available to sit with him.
I was someone driven by insight and deeply rewarded by it. It’s also how I gauged progress in the work. I couldn’t see anything happening in our sessions, which naturally made me think that nothing was.
And so, without leaving the back bedroom of the little house in Los Angeles, I went on walks in the Midwest woods with Tom. I learned that the trees were mostly hickory, with a few spruces here and there. They never grew much over 12 feet and weren’t thick-growing, but they had plenty of walking space between them. It was a wet country, and you could usually hear at least one creek, often more, and the katydids. Birds sang around us, warblers and bluebirds, chickadees whistling like they wanted to get our attention. And of course the mosquitos were murder in spring and summer, and that’s one of the reasons he smoked Kools nonstop as we walked, because skeeters don’t like the smoke.
Sometimes we’d go down to his uncle’s for the Fourth of July barbecue. Everybody was there. His uncle used a cut-open water heater for a grill, and there was never any barbecue sauce, just salt and plenty of smoke. It was the best barbecue we ever tasted, and just one of the things lacking in L.A.
Other times, in the season, we’d go chasing storms up on the flatlands with his cousin—when she could be convinced, anyway, and by ourselves when she couldn’t. Yes, it was a pretty stupid thing to do, but when you saw those big, purple storm heads, bigger than anything you see here, and all that lightning, you forgot about everything else. And the tornadoes, when they came, were the best thing in the world. You never forgot those. And when you were stuck laying in a bed all the time, you dreamed about them and wished one would come out this way and take you back home.
Tom’s health went up and down—down most often. Eventually, he was hospitalized. Part of what I did was to follow people and keep meeting with them when they went into the hospital or nursing facility or hospice. The first week, Tom was in the ICU and not receiving visitors except family. When his mother told me it was OK, I went to sit with him.
“I haven’t slept in days,” he grated miserably. “I can’t sleep here. It’s too noisy, and they’re always coming into the room for something.”
I asked him to close his eyes. We went on a guided imagery walk out in the Midwest countryside. I knew the way. The hum of the air conditioner was the breeze through the tops of the hickory trees. That beep of the IV monitor—was that a grebe calling out on the pond or maybe a thrasher? The air circulating in the special mattress that reduced the chance of bedsores was the sound of the creek that ran along beside us. In this familiar landscape, we walked on and on, in no hurry, until the end of our visit. The last time I saw Tom, he was sleeping peacefully.
When Tom visits me in my thoughts, he reminds me not to judge the work because it’s not mine to judge. Its fruits might not show up anywhere that I ever see or know about. He reminds me to trust in a process that’s larger than I am, that I’m only part of.
© Copyright 2015 GoodTherapy.org. All rights reserved. Permission to publish granted by Peter Cashorali, LMFT, therapist in Pasadena, California
Is the Opposite of What You Want Precisely What You Need?
The Sacred Marriage: When Conflicting Values Become One
The Voyage to the Islands: Integrating Experience in Therapy
Hardest part sometimes trusting the process…
July 22nd, 2015 at 1:17 PM
Nice article. Very inspiring.
I agree Gerri. It is hard to trust that process, and I think that a lot of that is because most of us, myself included, like being in control and that is what makes us feel safe.
When we attempt to give that control over to a process like psychotherapy or even to another person, we begin to feel a little not grounded, unsteady, and that can be pretty disconcerting.
July 23rd, 2015 at 8:07 AM
Beautiful writing, I love all of the imagery
When we have such a dramatically changed life experience the way that this person had, it can be hard to feel like there can ever be any happiness in your life again. Even if you are working with the very best professional around, sometimes once you have dug yourself so deeply into that depression it can feel next to impossible to bring yourself up from that ever again.
Paula G
Wow. Brings me to tears. It’s amazing how every person has their own unique path. This helps me as the road is foggy to trust that we are still on the path and each seeming roadblock and obstacle serves a purpose. Other times, just noticing the surroundings is really enough. I’m so glad you were there for Tom.
You might not think that you are making a difference in someone’s life but then you read something like this and you come to realize that everyone has their own way of dealing with things, and if they like you being around, even if it doesn’t seem like the way that you would pursue it, try to continue to be for them . You could be making a huge difference in their life without even knowing it.
I’m a therapist as well and have only been working independently with clients for a little over a year. This article brought me to tears, too, just like it did for another reader. I have a client similar to “Tom” and I’ve had to check myself many times on my thinking because his needs in terms of coping with his life-threatening illness are so different from the work I was prepared to do with him. I had to take a step back and process the “process,” if you will, with him to realize that, per his report, he needed space to simply let out all of his thoughts and emotions about what he was going through without having to maintain the cheerful, optimistic attitude he sustained around his family and friends who seemingly took cues from him and, albeit with good intentions, invalidated his realistic concerns through telling him to only focus on the positive. If I had continued to force my agenda on him, I think it would have further invalidated his concerns and reinforced his feelings of isolation and frustration. I learned more from him than he could have ever learned from me and I’m lucky to have had this lesson so early in my career. Thank you for the piece– you’ve made me process my experience with this client better.
If there is no trust in the whole process then there is no true reason why you should even pursue it.
Audri
you know, until reading this I never gave too much thought as to how defeating it must be to work with certain people when you are doing everything that you can to help them and you are having to sit with your own processes too.
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Syracuse's Howie Hawkins, a lifelong activist, is Green Party's nominee for president
Howie Hawkins is humbled. This was a possibility when he launched his campaign in April 2019, but he had to win the support of voters in the party he co-founded.
On Saturday, Hawkins officially became the Green Party's nominee for president. He received 210 of the 355 votes on the first ballot to win the nomination at the party's convention, which was held online due to the COVID-19 pandemic.
The Auburn Citizen
Robert Harding
The presidential bid is the culmination of a lifetime of activism and nearly two dozen political campaigns. Hawkins, a retired UPS employee and Teamster who lives in Syracuse, was asked to run for president eight years ago. He declined because of his work obligations.
It would be easy to dismiss this 67-year-old who has been a candidate for various federal, state and local offices over the last three decades. As the Green Party nominee, Hawkins knows what he's up against. He hopes, though, to change the narrative — to force Republican President Donald Trump and Democratic nominee Joe Biden to discuss the Green Party's issues.
A leftist in a GOP family
Hawkins was born in San Francisco and raised by a Republican family. As he became more interested in politics and policy, he began to ask himself a question: "Where's my party?"
He recalled cousins who were told they would have to attend segregated schools because their mother was Japanese. He had other cousins, who were white, and they attended white-only schools."That early I knew that that was wrong and it just bugged," Hawkins said in an interview.
As an elementary school student, he remembers the "duck-and-cover" drills during the Cold War. Even at a young age, he knew that diving under desks and covering his head wouldn't shield him from the disastrous effects of a nuclear attack.
Racism and the threat of nuclear war were personal, Hawkins says. But, he added, he grew up during the 1960s in the San Francisco Bay Area.
"There was a lot going on," he said. "And if you were following the news and were concerned about these things, it was hard not to get drawn into it."An important year in Hawkins' development was 1964. As a 12-year-old, he watched as Ronald Reagan, who would later become governor of California and a two-term president, opposed a fair housing law in California. Republicans his family supported successfully advocated for the repeal of the law.
Hawkins wasn't going to join the Republican Party after that moment. He looked to the Democratic Party, but they had refused to allow a group of Black Democrats from Mississippi to be seated at the party's convention in 1964.
After the events of that year, Hawkins found his home with leftist movements and political parties, the first of which was the Peace and Freedom Party in 1968.
"Even though I could vote for it (he was 16 at the time), I was rooting for it and telling adults and bugging them to vote for it," he said.
As a high school student, he attended demonstrations at the University of California, Berkeley, and at San Francisco State. He viewed his role as a foot soldier at these gatherings. But when attendance started to decline in the '70s, he was asked to increase his participation.
"That's how I became more of an activist," he said.
From Clamshell Alliance to founding the Green Party
As a young man in the 1970s, there was a possibility Hawkins could've been drafted to serve in the Vietnam War. In June 1972, his draft number came up.
Hawkins said he had already arranged with the U.S. Marine Corps that he would enlist in the officer program. If he completed the necessary training, he would become a second lieutenant. But he didn't have the money to finish school, so he didn't become an officer. He told the Marines he would have to fulfill his duty as a "regular enlisted guy."
While Hawkins waited for the Marines to call him up to active duty — a call that never came — he worked in construction and continued to be active in political movements. He co-founded the Clamshell Alliance, an anti-nuclear group best known for its opposition to the construction of Seabrook Nuclear Power Plant in New Hampshire.
Paul Gunter, another of the Clamshell Alliance's co-founders, said Hawkins was the group's spokesperson and often participated in nonviolent civil disobedience.
"I found Howie very early on in the '70s into the '80s as an articulate advocate for renewable energy, which was just a nascent technology at the time," said Gunter, who is now the director of the Reactor Oversight Project at Beyond Nuclear. "But he showed himself to be a visionary for solar and wind efficiency and conservation."
His involvement in movement politics and leftist parties led him to a meeting in 1984. At the meeting, which was held in St. Paul, Minnesota, the first Green Party organization in the U.S. was founded.
Hawkins said his message to the meeting's attendees was that the party should be built at the lowest levels of politics by supporting candidates for local government offices. After working to grow the party, the Greens backed Ralph Nader for president in 1996. Nader appeared on the ballot in more than 30 states. When Nader ran again in 2000, he appeared on more than 40 state ballots.
It was in the 1990s that Hawkins also ran as a Green Party candidate. His first campaign was for a Syracuse Common Council seat in 1993. He received 1.5% of the vote.
Hawkins has been a candidate for New York governor three times (2010, 2014 and 2018), U.S. Senate in 2006, Congress in 2008 and local offices in Syracuse. He received 48% of the vote in 2011 when he ran again for a Syracuse Common Council seat. In the race for city auditor in 2015, he received 35% of the vote.
"Over time, we built up a base of support in the city," he said.
Mark Dunlea, a longtime member of the Green Party who is one of the state party's co-founders in New York, recalls contacting Hawkins in 1988 about getting the Green Party involved in presidential campaigns. But it was in the 1990s, when Hawkins moved to New York, that he and Dunlea began working together.
In 2018, Hawkins and Dunlea appeared on the general election ballot in New York. Hawkins was the Green Party's gubernatorial nominee. Dunlea ran for state comptroller.
"He's very committed to equality and justice," Dunlea said of Hawkins. "He's a strong socialist, as he's particularly stressed in this campaign. He strongly supports workers' rights. He's always been active around energy issues."
Running for president
Before 2020, one of the few offices Hawkins hadn't sought was the presidency. He told The Citizen in April 2019 that he was asked to run in 2012, but declined because he was still employed at UPS.
Seven years later, when he was approached again about running for president in the 2020 election, he launched an exploratory committee and then formally declared his candidacy.
As the Green Party's presidential nominee, one of Hawkins' main goals is to appear on the general election ballot in every state and the District of Columbia. That's important, he explained, because it could give the Green Party ballot access for future elections.
So far, Hawkins and his running mate, Angela Walker, are on the ballot in nearly 30 states. He admitted it has been challenging because of the COVID-19 pandemic. While some states eased their rules for securing a spot on the ballot, others did not.
Hawkins also wants to highlight the Green Party's platform. A key plank is what he described as a "full-strength" Green New Deal. He was the first candidate to campaign on the Green New Deal when he was a gubernatorial candidate in 2010.
The Green New Deal, according to Hawkins, should aim to get the U.S. to zero negative greenhouse emissions and 100% clean energy by 2030. That would require a significant investment — $27.5 trillion over 10 years, he said. The funds would be used to help the energy, manufacturing and transportation sectors transition to clean energy.
He has been critical of the Democrats' Green New Deal proposal because it doesn't include a ban on hydraulic fracturing and allows for new fossil fuel infrastructure.
"We said we need cuts in the military budget to help fund this Green New Deal and (Democrats) extended the deadline for zero emissions from 2030 to 2050," Hawkins said. "And when you give politicians a couple of decades, they're going to wait a couple of decades."
An economic bill of rights is also part of Hawkins' platform. He supports a jobs guarantee, which would be largely funded by the federal government. It would be modeled after the Works Progress Administration established by President Franklin D. Roosevelt during the Great Depression.
The jobs guarantee, according to Hawkins, would provide employment to everyone who is willing and able to work.
He also supports a $20 minimum wage that would be indexed to the cost of living and productivity and a guaranteed income above poverty, which is a proposal that Dr. Martin Luther King, Jr. advocated for during the Poor People's Campaign.
"If you're below the poverty line, the government sends you checks to bring you up to above poverty," Hawkins said.
His platform includes a plan to build 25 million public housing units, a Medicare-for-all system, tuition-free schooling from pre-kindergarten through college and he wants to double Social Security benefits.
Hawkins supports defunding police departments and reallocating those funds to social services that are better equipped at responding to drug addiction, homelessness and mental health crises. But he doesn't believe cutting funding for police departments is enough. He wants to defund the military and shift those funds to U.S. cities through a Marshall-style plan that would focus on businesses, health care, housing, jobs and schools.
"The best way to fight crime," Hawkins said, "is to fight poverty."
Police departments would continue to exist under Hawkins' plan, but oversight of the agencies would be done by community groups comprised of either elected members or people selected at random to serve, similar to a jury. These organizations would oversee the hiring and firing of police chiefs and address misconduct within the departments.
To address systemic racism, one policy Hawkins endorses is studying reparations for Black Americans. He supports legislation introduced in Congress that would examine how to pay reparations for slavery.
Hawkins hopes that his platform will receive national attention. He believes the most difficult task Green candidates face is having their issues discussed during the presidential debates. Because of the eligibility standards for the debates, Greens tend to be shut out of the debates in favor of the two major party candidates.
"We're just going to be talking to the political reporters around the country saying, 'Look, we're facing life-and-death issues,'" Hawkins said.
Photograph by Kevin Rivoli, The Auburn Citizen
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Homeplaystation 5New PlayStation Trophy System Explained
New PlayStation Trophy System Explained
Sri Kandula October 07, 2020
If you've read my reviews in the past, you'll know that while I do enjoy Achievements on Xbox, PlayStation Trophies have always been my addiction. I love the sound that plays whenever a Trophy pops and I have since I first got my PlayStation 3 over a decade ago. So it's exciting to see that as we step into the next generation of PlayStation consoles, to see some changes to the Trophy system.
Earlier today a PlayStation Blog post detailed the new Trophy system that would be implemented overnight here in North America and later tomorrow in Europe. The first big change is to levels and leveling. Instead of Trophy levels spanning from 1 to 100, they will now go from 1 to 999. Whatever your current Trophy level is, it will be scaled to this new range of levels. The example they gave was that an account with a Trophy level of 12 will now level to somewhere in the low 200s. This wider range of levels means that players can level faster and more frequently than before.
The reason for the vagueness when saying "somewhere in the low 200s" is because now each trophy type, Bronze, Silver, Gold, and Platinum, will be weighed differently. A Platinum Trophy will now give you even more of a boost than a Bronze Trophy. (As it should.) So even if you and your friend are both level 12, the person who has more Platinum and Gold Trophies will be boosted to a higher level.
Next up, trophy level icons will also change, though this will be reflected only on the PlayStation 5 and the PlayStation app. As you can see above, from now on, there are 4 different icon classes that are similar to the trophy varieties: bronze, silver, gold, and platinum. Trophy level 1 to 299 will be Bronze, 300 to 599 will be Silver, 600 to 998 will be Gold and finally, the highest level, 999, will be Platinum. The icons in each level will get more complex the higher you go.
They also made a note to reaffirm that existing Trophies will carry over onto the PlayStation 5, although that was something I don't really think was ever under suspicion. Personally speaking, this is something that shouldn't affect existing Trophy Hunters much other than having a new range of Trophy levels to identify by. And I suppose the Trophy level ranges and progression of the icons may be an added bonus to strive towards. However, I do think this will be a big move to bring in more Trophy Hunters because it can be a bit tough initially to level up really fast for the first 5 or so levels in the current system and feel like you hit a brick wall and are not progressing as much. Having just recently created a new PlayStation account to start leveling and Trophy Hunting on, I am excited to see where I jump to after this update tonight, but past that I can't really be more excited to play some games on the PS5. This, to me, is just icing on the cake.
news playstation 4 playstation 5
Posted by Sri Kandula
Sri Kandula is a filmmaker and co-creator of Great White & Co. Former writer for The Daily Collegian and former host of Pop Culture Corner on PSNtv.
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‘We’ll use our technology to build 500 homes and drive a green revolution in housebuilding’ Oxford company vows
4th March 2020 News greencoreadmin
Despite the government having declared a climate emergency, almost every new home being built around the country is making the problem worse.
The construction industry has the technology to build to extremely high standards of eco-performance, but thousands of new houses will need to be retro-fitted in the near future to meet the government’s legally binding target to bring the UK’s total greenhouse gas emissions to net-zero by 2050.
A CGI of one of the zero-carbon homes being built at Springfield Meadows in Southmoor. Pic: Greencore Construction
As buildings account for half of all CO2 emissions, the Future Homes Standard (FHS) consultation paper, due to come into force in 2025, proposes to ban fossil fuel heating systems such as gas boilers in favour of low-carbon alternatives.
However, many volume housebuilders and developers are carrying on exactly as before in a situation described as ‘crazy’, by Oxfordshire-based Greencore Construction, whose zero-carbon, zero-energy houses easily exceed 2050 targets.
Construction has started at zero-carbon development Springfield Meadows. Pic: Greencore Construction.
Greencore’s managing director Ian Pritchett says his team has proved it’s possible to build to this standard at fractionally more cost than traditional methods and completion times are significantly quicker. The next step, he believes, is to persuade the volume house builders to follow suit, so the benefits can be scaled-up.
He says: “As the construction industry, we can do more than almost any other sector to address climate change. We know we can build houses that have zero carbon footprint and zero carbon emissions, so it’s crazy to build houses today that are going to need retrofitting in the next few years. We’ve got to be building houses now that hit those targets.”
He adds: “Our purpose is to accelerate the global transition to low-carbon living, and we’re going to do that by scaling-up the delivery of low-carbon homes until they can no longer be ignored by the mainstream.”
This month sees the completion of the first seven of Greencore’s 25-home development at Springfield Meadows in Southmoor near Abingdon. As the first housing scheme in the UK to be zero carbon at construction stage, as well as zero energy and zero emissions in use, it’s already received much national media attention.
Greencore’s previous scheme of 15 ‘near-zero’ homes at Kings Farm Close at Longcot in the Vale of White Horse is also just weeks away from completion. Opened by former Wantage MP and Culture Secretary Ed Vaizey in March last year, it’s been praised for implementing Bioregional’s One Planet Living framework.
Greencore’s managing director Ian Pritchett. Pic: Greencore.
Pritchett’s willingness to publicly criticise volume national housebuilders is helped by the fact he’s an industry outsider and an archetype ‘disrupter’. While studying for a physics degree at Durham University, he worked on building sites during holidays and decided construction was “more fun than physics”. His career began focusing on the repair of historic buildings until the mid-1990s, when he applied lime render to what was one of the first straw-bale new-builds in the country. A few years later, he came across an architect in Suffolk mixing lime and hemp together and remembers thinking: “Great technology, we should be involved in that.” This triggered the start of 12 years’ scientific research into lime and hemp, working with Bath University.
He co-founded Greencore Construction in 2013, with chairman and Oxford University maths graduate Martin Pike, and as part of an EU-funded research project they developed their proprietary Biond construction system.
Greencore’s zero carbon homes are designed at the company’s offices in Culham Innovation Centre. Timber panels for the walls, containing a thick insulation layer made from hemp mixed with lime, are made at the firm’s factory near Wheatley.
As well as reducing CO2 emissions compared to traditional bricks and cement mortar, the panels lock-up carbon within the homes and the high levels of insulation mean virtually no heating or cooling is needed, again cutting energy consumption and carbon emissions.
“The natural environment already has a carbon-capture and storage mechanism. It’s called plants and trees,” Pritchett jokes.
It’s not just trees that capture and store carbon, as he points out, it’s all types of plants. And the faster they grow, the more they lock-up CO2. Industrial hemp takes just 14 weeks, from planting seeds to harvesting a three-to-four metres-high crop.
“It locks up carbon faster than trees, or almost anything else on the planet,” Pritchett adds.
Electricity for Greencore homes is generated from photovoltaic (PV) panels on the roof, which can be stored in a battery. This is combined with mechanical ventilation with heat recovery and mini heat pumps to generate heating and hot water. There are also plans to incorporate electric vehicle (EV) charging points.
Pritchett says: “As a result of what we’ve done at Springfield Meadows, even though it’s probably the greenest scheme in the country, there are things we could do better next time.
“Everything we’ve done so far has been about minimising the negative impact on the environment, but can we turn it on its head and make every new house have a positive impact on the environment? We think we can.”
Six of the zero-carbon homes constructed by Greencore at Longcot were affordable housing, and there are nine affordable zero-carbon homes being built at Springfield Meadows, in partnership with Sovereign Housing Association.
Sovereign says it will continue to work with Greencore on future developments, and is carrying out a detailed review of its homes ‘…to look at their environmental footprint and performance and setting a standard for all new and existing homes to achieve’.
It adds: ‘This is a huge undertaking and we’ll face some challenges, as it will involve reviewing and assessing our entire stock, which includes a variety of types and ages of homes. However, this work will not only have a positive environmental impact but will also create cost savings on running a home that can be passed to our residents’.
Housing at Elmsbrook, NW Bicester. Pic: OxLEP
Oxfordshire is already firmly on the zero-carbon housing map thanks to Elmsbrook – the UK’s first eco-town. As the first phase of the NW Bicester scheme, Elmsbrook includes 393 zero-carbon homes developed using Bioregional’s One Planet Living framework and is a joint venture between housing association A2Dominion and national housebuilder Crest Nicholson. Homes are fitted with solar PV roof panels, rainwater harvesting systems and EV charge points. Heating and hot water is provided via a heating district network connected to a combined heat and power (CHP) energy centre. The overall scheme of 6,000 homes at NW Bicester is due to be completed by 2030.
Bioregional has been involved with Elmsbrook for almost a decade. Programme manager Lewis Knight describes it as “a really special development” and underlines its importance as “a true zero-carbon development at scale”.
A number of low-carbon and zero-carbon homes is also the pipeline at the UK’s largest custom- and self-build housing project Graven Hill, also near Bicester. Beattie’s Passive Flying factory was set up in 2017 on the 1,900 plot site to help those wanting to self-build Passivhaus standard houses.
Jonathan Finnerty and the Green Unit ARC. Pic: Green Unit
Another Oxfordshire-based pioneer is Green Unit co-founder, Jonathan Finnerty. The firm’s ultra-low carbon curved engineered timber pod design, the ARC, is single-storey with a wildflower ‘living’ roof, and uses natural materials such as sheep’s wool insulation. Constructed offsite, it is fitted out with plumbing and electrics before being craned into place where needed. Finnerty started a trial last month to install clean energy company Verditek’s lightweight solar panels on the roof of the ARC pods, which can be used for housing, offices, classrooms and holiday units. Finnerty also believes the ARC could be part of the solution to the city’s homeless crisis.
Last year heralded a significant change in consumer attitudes, thanks to ‘The Greta effect,’ Greencore’s Pritchett believes.
“We weren’t shouting much about the eco-credentials of our houses 12-18 months ago, because we didn’t think it made much difference. Now it’s at the top of the list, because there’s been a massive change in public awareness in the past year,” he says.
Greencore aims to deliver 500 ‘climate-positive’ houses during the next five years in the hope that this will act as a catalyst for the rest of the house building industry to follow suit.
He is confident that if more housebuyers become aware of the benefits of carbon reduction and lower energy bills, they will begin to put pressure on volume house builders.
In its FHS consultation paper, the government’s preferred option is for double glazing, low-carbon heating and power generation such as solar panels, which would result in a 31 per cent improvement in emissions and save the average household £257 a year.
There is also a drive to ‘tighten up’ the situation around building regulations, which mean national housebuilders who obtained planning consent many years ago are still building to those requirements. This is relatively common, because many housing sites are ‘built out’ over a number of years.
The FHS paper states: “It cannot be right that new homes are being built to old standards introduced in 2010 or even 2006. It means occupiers do not benefit from the levels of energy efficiency and bill savings they would expect from a brand-new home. It also means new homes are contributing more carbon dioxide emissions than should be expected, which has an impact on climate change.”
Greencore’s Pritchett is blunt: “We can’t carry on with business as usual, we have an emergency and an emergency demands a response. The first thing is wanting to do it, and not everybody wants to. A lot of people put profit, rather than doing the right thing, at the top of the list. Then, it’s knowing how to do it but once you’ve done it a few times, you realise it’s not that difficult. We want to share the knowledge we’ve gained and say: ‘It’s not that difficult – anybody could be doing it’.”
As part of his mission to “change the construction industry forever” last month Pritchett brought together more than 50 town planners, land-owners, investors, architects and representatives from local councils and housing associations for the launch of the One Planet Oxfordshire Construction Plan at Culham Science Centre.
Speakers at the half-day conference included Greencore’s Martin Pike, Bioregional’s Lewis Knight and Good Homes Alliance vice chairman Mike Roberts.
Volume housebuilders are dragging their heels partly because they have long-established supply chains in place. Switching to zero-carbon would mean a complete transformation in terms of materials, skills and culture.
According to the Housing Ministry’s impact assessment, building to the government’s preferred FHS option would add almost £5,000 to the cost of building each home. Also, construction industry trade associations point out there may not be enough trained installers for heat pumps, or other low-carbon heating tech.
Pritchett argues that as well as legislative pressure, there’s a need for incentives, such as variable Community Infrastructure Levy (CIL) or stamp duty. In the same way electric cars are not required to pay road tax, housebuilders who build passive houses and zero carbon houses could be exempt from CIL.
Lewis Knight of Bioregional. Pic: Oxfordshire Greentech
Bioregional’s Lewis Knight agrees there needs to be a paradigm shift in the way the construction industry builds homes, across supply chains and employee skills if we are to see tens of thousands of new zero-carbon homes a year, rather than the painfully small numbers that are actually built.
“You will always have great people who want to do the right thing but there needs to be a regulatory stick that will drive up standards,” he says.
And he warns: “It sounds quite dramatic but every home we don’t build to zero-carbon now, we’re locking in a retro-fit problem we will need to pick up in future generations.
“Every home now not being built to zero-carbon standard is creating emissions that will have to be dealt with 14-15 years down the line. We’re making big decisions now that will have consequences for a very long time into the future.”
This blog post was originally posted on Tech Tribe by Gill Oliver
Calls for Oxfordshire to deliver climate-positive homes
21st February 2020 News, Events greencoreadmin
Businesses in Oxfordshire have said the region’s plans to go carbon neutral do not go far enough – arguing that all new homes should be “carbon-positive.”
Greencore Construction, which is behind a number of eco-friendly homes in the area, presented its “One Planet Oxfordshire Construction Plan” to over 120 delegates at an event last week.
Focused on the construction process as well as resource and energy use, the plan has been designed to complement the work of the One Planet Oxfordshire framework, developed by Bioregional and adopted by Oxfordshire County Council.
The event was hosted at Culham Science Centre and chaired by Greencore Construction chairman Martin Pike.
He said: “We believe that we need to act quickly in order to mitigate the worst effects of climate change, and we want to set an example for others to follow.
“The construction sector can go much further and faster when it comes to combating climate change. If not us, who? If not now, when?”
Fellow Greencore Construction director Ian Pritchett added that the current approach to housing is based on avoiding negative environmental impact, rather than seeing if positive gains can be made.
He said: “No one has all the answers and it’s important that we collaborate and work together on this to be successful and deliver major change, at scale.
“With the ambitions already declared in Oxfordshire, it seems like the perfect place to lead the way.”
One Planet Living: A framework for Net Zero
The One Planet Living Framework includes areas that developments should consider from community health and happiness to energy use and conservation.
Lewis Knight, Programme Manager at Bioregional, presented BedZED as an example of best practice that used the framework. Completed in 2002, the south London development comprises 100 homes and a range of sustainability focused measures.
He called for more examples of best practice today and argued that the framework needs to be adopted at a city-wide level to help the UK meet carbon net zero targets.
Setting standards for homes
Mike Roberts from Good Homes Alliance also spoke at the event, sharing the history of the various codes and sustainability standards introduced over the 15 years. He highlighted the importance of the consultation on the Future Homes Standard, as it offered a chance for the industry to “get it right” when it comes to the environment.
Driving change through community action
The final guest speakers of the day were Nina Alphey and Tom Parkinson from Westmill Solar Coop, a solar farm located near to Watchfield on the Wiltshire/Oxfordshire border. They described how energy generation had made their community more self-sufficient and allowed them to share surplus power back to the grid, creating a net-positive gain.
Plots selling fast at Springfield Meadows
15th September 2019 News greencoreadmin
Just eight plots out of 25 are left for sale at Springfield Meadows, a development of brand new eco-homes being built by Greencore Construction at the site in Oxfordshire.
The development, which is expected to complete by the end of 2020, has seen an upswing in sales over the summer, with 12 plots now sold and a further five plots reserved. The remaining eight plots can accommodate two- to five-bed houses and are attracting good interest.
Springfield Meadows has proved popular with families, such as the Shepherds, who recently finalised their plot sale.
Alison Shepherd said: “What first attracted us was the fact we could do a custom build, which was a dream we’ve always had. The zero carbon footprint was important to us as we have the environment in mind and this is our bit.”
To make it easier for buyers to purchase their sustainable future home, the site’s developer, Ssassy Property, has launched a new part-exchange service, removing the hassle of long chains and additional estate agent fees.
Clive Maple, director at Ssassy, said: “We are delighted with the progress of our sales at Springfield Meadows. Our home buyers are explicitly choosing our development due to the ability to customise their home and for the outstanding green credentials that we have.
“Helping our buyers to purchase their home is important to us, which is why we are now able to offer a part-exchange option. Each day we are getting more enquiries and we expect there to be more interest as construction progresses.”
Affordable homes and biodiversity
All the homes at Springfield Meadows sit in generously sized plots fronting onto a number of shared spaces, including a wildflower meadow, orchard, and pond, all designed to maximise biodiversity.
The 16 custom-build plots at Springfield Meadows will be built alongside nine affordable homes, which will be constructed to the same high standard for Sovereign Housing Association.
As with all Greencore homes, the properties at Springfield Meadows will be built to Passivhaus energy efficiency standards with zero carbon emissions, making them both comfortable and healthy to live in.
To register your interest and to visit the site, please email James Pritchett at james@ssassyproperty.co.uk.
Are these the most sustainable affordable homes in Oxfordshire?
11th March 2019 News greencoreadmin
Ed Vaizey MP unveils Greencore’s One Planet Living homes in Longcot
Innovative construction means healthier, ultra low carbon homes
Highest performance standards championed for homes for shared ownership or rent in one of the most expensive housing areas in Britain
Ed Vaizey, former culture minister and MP for Wantage, joined Greencore Construction and other local housing and low carbon building experts last week to celebrate the opening of one of Britain’s most sustainable communities, in Longcot, Oxfordshire.
Kings Farm Close is a new development of 15 eco-homes, including six affordable homes built to the same high performance standards in one of the most expensive areas of the UK.
The affordable homes will include three two-bedroom homes and one three-bedroom home, let to tenants at below-market rates by Sovereign Housing Association, and two shared ownership homes reserved for local people who want to get onto the property ladder for the first time.
Nine further homes, a mixture of detached and semi-detached, will also be coming up for sale in summer 2019.
Thanks to Greencore’s Biond system, an innovative offsite construction system that uses natural materials, all of the homes have near-zero carbon footprints and will benefit from very low energy bills.
The One Planet Living framework used to develop Kings Farm Close also means that residents will be encouraged to manage their community to high environmental standards.
Ed Vaizey MP said:
“The vast majority of new-build homes in the UK are of bland design, poor build quality and lack basic sustainability credentials. Much of this is to do with national housebuilders refusing to embrace new technologies and construction methods.
“The Kings Farm Close development, however, is a shining example of forward-thinking, modern housebuilding from a team of people who are clearly very committed to bringing sustainable living to everyone – whether you own, part-own or rent your home.”
Each property at Kings Farm Close was prefabricated by Oxfordshire housebuilder Greencore Construction, before being transported to site and assembled by the firm’s build team.
Ian Pritchett, managing director at Greencore Construction, said:
“Greencore has been promoting the use of offsite construction for some time, and we build all our homes in our local factory using natural materials with low embodied carbon. Working in this way means our homes can be completed very quickly and to exceptionally high standards of quality control, all the while having a much lower impact on the environment.”
Developer Oxford Advanced Living also aims to enhance the variety of animal and wildflower species on the land in and around Kings Farm Close. A fifth of the site’s total area will be shared green space, planted and managed with native trees to support wildlife under a biodiversity plan.
Martin Pike, director of Oxford Advanced Living, said:
“This project has allowed us to put into practice all our ideas and determination to create a genuinely sustainable community in Oxfordshire, where the same high performance standards are available to everyone, regardless of whether you’re renting or buying a home. We believe that all the residents will be able to enjoy greener and healthier lifestyles at Kings Farm Close, and we look forward to their feedback to help us with future projects.”
Alex Brooks, development manager at Sovereign, said:
“These new affordable homes will not only be great places to live, they’ll also be good for the environment as well as keeping energy bills low for residents.
“It’s really important that we build homes and invest in communities that are fit for the future, so it’s been great to work with Oxford Advanced Living and Greencore Construction and we look forward to the new residents making these houses a home.”
In October 2018, Kings Farm Close was recognised by sustainability charity Bioregional for its national leadership in implementing One Planet Living, a comprehensive framework for planning, building and managing greener communities.
Kings Farm Close has multiple ways in which more environmentally sustainable living is made possible, including:
Construction of the homes using timber panels for the walls containing a thick insulation layer made from Yorkshire-grown hemp mixed with lime. Using these panels for construction radically reduces emissions of climate-changing carbon dioxide compared to conventional brick and concrete block walls – these panels lock up carbon within the homes.
The panels are manufactured offsite in Greencore’s own factory in Worminghall near Oxford, benefitting the local economy.
The high levels of insulation cut the demand for heating, reducing energy consumption and carbon emissions.
Using natural materials, combined with a ventilation system which recovers heat, helps to improve indoor air quality while cutting energy consumption and carbon emissions still further.
A management company will be created to look after the shared parts of the development including the green spaces after the homes are completed. This company will be run by the residents and they will be encouraged to continue implementing the One Planet Action Plan, and to regularly review their progress.
Nicole Lazarus, head of Bioregional Oxfordshire, said:
“The Kings Farm Close team richly deserve recognition for their leadership in creating the kind of sustainable new housing we need so badly. We particularly love the natural materials used in the build system and the high-quality indoor environment that they make possible.”
Greencore Construction was set up in 2013 and is best known for its work helping developers, land owners and self-builders to build high performance, low carbon buildings using natural materials, including hemp, lime and timber. Greencore combines a strong scientific approach with its design and construction of beautiful homes with a social conscience. Its team has been involved in specialist building projects for more than 25 years, and is one of the world’s leading authorities on hemp-lime construction.
Read more about Kings Farm Close at the UK Construction blog.
To speak to us about Kings Farm Close, Longcot, email enquiries@greencoreconstruction.co.uk
Greencore wins at BSG Health and Safety Awards 2018
29th November 2018 News greencoreadmin
The Greencore Construction team has been recognised at the annual Building Safety Group (BSG) Health and Safety Awards for its work to bring healthy and sustainable homes to Oxfordshire.
Greencore won the Environmental category for its Biond construction system, a timber frame panel system that uses all-natural hemp-lime insulation to deliver sustainable homes with high thermal performance and enhanced living comfort.
Greencore’s managing director, Ian Pritchett, said:
“We are very proud to have been awarded the BSG Environmental Award. We work hard to respect the environment, and use low carbon and natural materials to lower environmental impact as much as possible, so it’s great to be recognised for that. I would like to congratulate, as well as thank every member of our team who has worked to contribute to this renowned health and safety award.”
The BSG Health and Safety Awards are held every year and recognise its members’ achievements and excellence in work-related health and safety performance.
BSG’s managing director, Paul Kimpton, said:
“The BSG Awards ceremony was once again a national celebration of our members’ dedicated commitment to health and safety in construction. Recognised award winners such as Greencore Construction should be immensely proud of their achievement and highly commended for their admirable approach to building healthy and sustainable housing.
“It is BSG members like Greencore who make a significant contribution to raising the bar when it comes to health and safety standards across the sector, and we offer them our congratulations.”
To learn more about Greencore’s award-winning construction system, visit www.biond.co.uk.
To learn more about the BSG Health and Safety Awards, visit the BSG website.
Development at Longcot recognised for sustainability leadership
8th November 2018 News greencoreadmin
New eco-friendly homes in the Oxfordshire village of Longcot have been recognised by Bioregional for their ‘national leadership in implementing One Planet Living’.
The One Planet Living framework was created by international sustainability charity Bioregional as a system for planning sustainable developments and keeping them on track to achieve their goals.
The 15 new homes in the Kings Farm Close development, which is being built by Greencore, will have near zero-carbon footprints thanks to their use of timber, wood fibre and hemp-lime in the construction process. Emissions of climate-changing carbon dioxide gas caused by their construction are about 90% lower than for a conventional brick-built new home.
In addition, due to their excellent thermal performance, future emissions of carbon dioxide will also be much lower than normal houses as heating requirements will be very low.
The developer, Oxford Advanced Living, also aims to enhance the variety of animal and wildflower species on the land in and around the development which had been used for pasture. A fifth of the site’s total area will be shared green space, planted and managed with native trees to support wildlife.
At Kings Farm Close, six of the 15 homes – 40% – are designated as affordable, in one of the most expensive regions of Britain. Four of the homes will be let to tenants at below-market rents by Sovereign Housing Association, and two are for shared home ownership, helping people get on the first rung of the property ladder. The other nine homes are for sale on the open market.
The developer and Greencore have drawn up a One Planet Living action plan for the new homes covering all aspects of sustainability – social, economic and environmental. This ambitious plan is based on ten easy-to-grasp One Planet Living principles covering issues such as water, energy, wildlife, waste and contribution to the local economy. National Leadership status was granted after Bioregional reviewed the plan.
The development’s sustainability highlights include:
Using timber panels for the walls containing a thick insulation layer made from hemp grown in Yorkshire and lime. Using these panels for construction radically reduces emissions of climate-changing carbon dioxide compared to conventional brick and concrete block walls – these panels lock up carbon within the homes.
The panels are manufactured offsite in Greencore’s own nearby factory in Worminghall near Oxford, benefitting the local economy.
Using natural materials, combined with a ventilation system which recovers heat, helps to improve indoor air quality while cutting energy consumption and carbon emission still further.
A management company will be created to look after the shared parts of the development after the homes are completed; it will be handed over to residents. The company will be run by residents and they will be encouraged to continue implementing the One Planet Action Plan, and to regularly review their progress.
Nicole Lazarus, head of Bioregional Oxfordshire, said: “The Kings Farm Close team richly deserve this One Planet Living recognition for their leadership in creating the kind of sustainable new housing we need so badly. We particularly love the natural materials used in the build system and the high-quality indoor environment that they make possible.”
Alex Brooks, a development manager at Sovereign Housing Association, said: “As we strive to build more much-needed homes, we need to take care to build them sustainably – both for our future residents and our environment. The Kings Farm Close project is a leading example of building truly sustainable, quality places to live and we’re really looking forward to welcoming residents when they pick up the keys to their new homes.”
New eco homes coming to Longcot
Greencore Construction has signed a design and build contract to deliver fifteen new eco homes at Longcot, Oxfordshire for local developer Oxford Advanced Living.
The new homes at Kings Farm Close, Longcot will include six affordable homes and nine open market units. The affordable homes will be sold to a housing association in 2018, and the following nine units will be marketed for sale in late 2018 and early 2019.
All fifteen new homes will be built using Greencore’s proprietary Biond system of offsite timber frame construction, and will target a negative carbon footprint and very low ongoing energy requirement.
The six affordable homes will be built to the same high standards and will be among the best performing affordable homes constructed in 2018, with low energy requirements helping to reduce the living costs for low income residents.
Advanced technology for high energy efficiency
The homes will all have triple glazed wooden framed windows, be ventilated using mechanical ventilation with heat recovery (MVHR), and feature underfloor heating. These high performance technologies and materials are designed to maximise health, comfort and economy for the homeowners.
Ian Pritchett, managing director of Greencore Construction, said:
“The Longcot site is our largest project yet, and demonstrates the significant market interest in our design and build service for developers. Passivhaus design principles will allow us to build extremely low energy homes which we know are much in demand in Oxfordshire and which will fit sensitively into this historic village.”
Greencore specialises in helping small developers and self-builders in Oxfordshire build high performance, low carbon buildings using natural materials. These homes are designed to provide better health at home, thanks to improved indoor air quality and living comfort, and significant environmental and energy-saving benefits.
For further details on Kings Farm Close, Longcot, email enquiries@greencoreconstruction.co.uk
Greencore recognised for product innovation at Structural Timber Awards 2017
13th October 2017 News greencoreadmin
Greencore Construction has been awarded Highly Commended in the Product Innovation category at this year’s Structural Timber Awards.
The awards, which took place on 10 October at the National Conference Centre, Birmingham, saw the Oxford-based housebuilder recognised for its Biond Construction System, which Greencore uses to build all its homes.
The Biond system is an offsite, closed-panel timber frame construction process and incorporates high-performance, natural insulation materials to deliver low ongoing energy requirements for homeowners.
The system has been scrutinised, tested and improved by a three-year EU eco-innovation programme led by the University of Bath, which was completed in August 2016.
Ian Pritchett, managing director of Greencore Construction, says:
“During thermal performance testing, the Biond Construction System has shown that it can outperform brick and block construction by almost 400%. What’s more, we estimate that we’ve saved 420 tonnes of CO² through the use of natural materials in the 12 superstructures we built in 2016.
“We’re extremely proud to have been recognised for these achievements at this year’s Structural Timber Awards.”
> Learn more about the Biond Construction System
> Download our free guide and discover the benefits of building with Biond
Greencore lifts the lid on the true cost of building a house on your own land
28th August 2017 News greencoreadmin
A straight-talking new guide on the true cost of self-build projects has been published by Oxford-based housebuilder Greencore Construction.
Aimed at helping all aspiring self-builders who have already secured a plot of land, the guide sets out the five most important aspects of costing a project, provides a detailed breakdown of costs for a range of house sizes, and gives advice on how to achieve the holy grail of cost certainty through good design.
“We often get asked about how much it really costs to build a house. Not the under-estimated quote that most self-builders get at the start of a project to hook them in, but the real cost including good quality kitchens and bathrooms, external works like patio and planting, and everything else bar the curtains.
“Unfortunately, it’s common practice for many builders to underbid to win the project, but then make their money on costly alterations to the design later in the process. In contrast at Greencore, when a clear specification has been agreed, we can offer a fixed price guarantee on most of our projects.
“That’s why we are publishing the real costs for everyone to see. Once the design is done we can quote an accurate fixed price, and we strongly believe that having the right design from the beginning is the key to a successful self-build. Cost certainty is what all self-build customers want and deserve.”
Free advice for self-builders
The free guide also provides advice on procurement routes and project management, and on how to prioritise the most important elements of a building in the budgeting process.
A chart then provides typical build costs for a high performance, comfortable and sustainable home built to premium quality by Greencore in the Oxfordshire area. Costs are typically about £1,800 per square metre, which means about £180,000 for a typical 2-3 bed home, not including design fees and any abnormal site-specific costs.
> Download The True Cost of Building a House
Greencore Construction specialises in helping self-builders and small developers in Oxfordshire build high performance, low carbon buildings using natural materials. These homes are designed to provide better health at home, thanks to improved indoor air quality and living comfort, and significant environmental and energy-saving benefits.
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Reflections After 50 Years in Crime
Sir David Calvert-Smith will reflect on fifty years in crime for this year’s High Sheriff Lecture, which will raise funds for Hereford Cathedral Perpetual Trust and Herefordshire Community Foundation.
Sir David was called to the Bar in 1969 and has led a distinguished career. In 1997 he became a Queen’s Counsel and was the Director of Public Prosecutions from 1998 – 2003 in which time the service dealt with several high profile cases. In 2003 he returned to the Bar, before appointment to the High Court Bench in 2005 before retiring in 2012. He was Chairman of the Parole Board from 2012 -2016, before re-joining as a member in 2017, and continues to sit in the Court of Appeal Criminal Division as a retired judge. His talk will reflect his vast experience in the law, with particular reference to the future of the criminal justice system, the increasing role of victims and legal education.
Now in its sixth year, the 2019 The High Sheriff’s Lecture has been arranged by The High Sheriff of Herefordshire, James Hervey-Bathurst CBE DL and The Honorary Recorder of the City of Hereford, His Honour Judge Daniel Pearce-Higgins QC.
The lecture will take place in Court No. 1, Shire Hall on Friday 8 November with a drinks reception from 6.30 pm. Tickets cost £25 and are available to purchase from Hereford Cathedral Shop (01432 374 210).
This lecture is a fundraising event for Hereford Cathedral Perpetual Trust (Charity No 1051168) and The Herefordshire Community Foundation’s High Sheriff’s Fund (Charity No 1094935)
Published: 31st October, 2019
Author: Abby Jones
The Perpetual Trust
Sunday Morning Worship 17 January
Meet The Scholars 2020 - 2021
Knife Angel Team call for support
Christmas Sparkle 2020 Video
Watch online now
Public Worship Suspended
From Tuesday 12 January
Sunday Worship for the Epiphany of our Lord
Epiphany Carol Service 2021
Sunday 10 January, 3.30 pm
Welcome to 106!
A talk on the history of the Bishops of Hereford
Eco Church: Silver Award
We are the recipient of 1,000th Eco Church award for creation care.
Sunday Morning Worship 3 January
Cloisters Project ECP Perpetual Trust
Supporting Hereford Cathedral
Donate Fundraise
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House Republican Caucus: For the Record
Preferring a focus on renewable energy, Representative Cynthia Thielen (District 50 – Kailua, Kaneohe Bay) spoke out in opposition to HB 425 which would require the Public Utilities Commission to consider the costs and benefits of a diverse fossil fuel portfolio. Rep. Thielen pointed out that three of the most respected environmental proponents, Life of the Land, Sierra Club, and Blue Planet Foundation, opposed this bill due to its focus on resources that harm the health of Hawaii’s environment and residents.
“It’s an incredibly pessimistic approach to think that Hawaii will still be locked in to dependency on polluting fossil fuel in the year 2030,” she explained. “This ignores the vast resources that we have on the Big Island with geothermal and it ignores the recently released report from the U.S. Department of Energy stressing the vast potential for wave energy in our oceans.”
In response to the closing of Hawaii Medical Center, Representative Kymberly Pine (District 43 – ‘Ewa Beach, Iroquois Point, Pu‘uloa) held a town hall meeting to share information and resources with concerned residents. Experts explained that ambulance response time has not suffered with the closing of HMC and that Hawaii Pacific Health and Queen’s Hospital are interested in purchasing the facility.
Representative Corinne Ching (District 27 – Nu‘uanu, Pu‘unui, Liliha, Alewa Heights) advocated for HB 2865 to establish a Diabetes Taskforce within the Department of Health. HB 2865 passed with amendments out of the House Committee on Health. This bill would promote the strengthening and unified efforts of advocacy groups, NGOs and other similar organizations in an effort to fight diabetes.
The American Diabetes Association estimates that one out of every two children born after 2000 in Hawaii will be directly affected by diabetes. “It’s heartbreaking that this preventable disease is affecting so many of us. We must do everything we can immediately to stop diabetes from killing and disabling any more of our people,” said Rep. Ching.
A retired police captain, Representative George Fontaine (District 11 – Kīhei, Wailea, Makena) spoke in support of the “move over” bill, HB 2030. “It would seem common sense that people would slow down and move out of the way of a public servant doing his duty,” he said. “With this bill, we will ensure the safety and the protection of lives of our law enforcement and service personnel.”
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Edward N. Hurley, Chairman, Shipping Board, to Commander Paul Foley and L. I. Thomas, 5/11/1918
Edward N. Hurley, Chairman, Shipping Board, to Commander Paul Foley and L. I. Thomas
Chronological Copy. File No. <42-2-4>
Cablegram Received May <11, 1918> 09412 RLM
Origin Opnav, Washington. Ser. No. 5966
C-3 12 May
33 ADR.
Simsadus.
5966. Hurleys number 5 for Foley and Thomas from ship Control committee. Referring to our 4<,>1 Italian Mission is pressing for allocation of tank ton<n>age for army industrial fuel oil. Considering adequate stock Navy oil reported end of March our view Italian tankers when necessary should be diverted to Northern Italy and cargo used for Army industries. However in view of recent reports from Italian tank ships additional tonnage for Navy and Army industrials requirement may be needed depending upon proportion to be supplied from East regarding which we desire information. Suggest that you endeavor through inter-allied conference remedy any lack of co-ordination that may exist between different Italian departments in order that stock of 1 may be used by another. Also suggest for consideration whether organization of Soci<e>ta2 could not be made better use of by Italian government to arrange for discharge ports in advance of arrival according to tonnage available in which case Societa to be promptly advised of sail from this side also that Societa collaborate in tabulating monthly reports of stock. Lubricating oil if convenient governmental control should be extended to this connodi<t>y In all three countries and periodical reports of stock furnished simultaneously distinguishing need of northern from those of southern France observing that it is frequently necessary make bulk shipments part south France part Italy in one vessel. 20011 5966
Source Note: Cy, DNA, RG 45, Entry 517B.
Footnote 1: See: Hurley to Foley and Thomas, 27 April 1918.
Footnote 2: Società di Navigazione Industria e Commercio, the Italian equivalent of the United States Shipping Board.
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Admiral William S. Benson, Chief of Naval Operations, 5/1/1918
Office of the Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/1/1918
Admiral Henry T. Mayo, Commander-in-Chief, Atlantic Fleet, to All Vessels, Atlantic Fleet, 5/1/1918
Secretary of State Robert Lansing to United States Ambassador to the United Kingdom Walter Hines Page, 5/1/1918
George I. Gay, Commissioner, Planning Division to Professor J. A. Field, Shipping Board, 5/2/1918
George I. Gay, Commissioner, Planning Division to Raymond B. Stevens, Vice-Chairman, Shipping Board, and Representative, Allied Maritime Transport Council, 5/2/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Richard H. Jackson, United States Naval Representative to the Ministry of Marine, and United States Naval Attaché at Paris, 5/2/1918
Admiral William S. Benson, Chief of Naval Operations, to Captain Hutchison I. Cone, Commander, United States Naval Aviation Forces, Foreign Service, 5/2/1918
Admiral William S. Benson, Chief of Naval Operations to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/2/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Commander Joseph K. Taussig, Commander, Little, 5/2/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Anne Hitchcock Sims, 5/3/1918
Rear Admiral Joseph Strauss, Commander, Mine Force, Atlantic Fleet, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/3/1918
Raymond B. Stevens, Vice-Chairman, Shipping Board, and Representative, Allied Maritime Transport Council, to Edward N. Hurley, Chairman, Shipping Board, 5/4/1918
Captain Reginald R. Belknap, Commander, Mine Squadron One, Atlantic Fleet, to Admiral William S. Benson, Chief of Naval Operations, 5/4/1918
Lieutenant Commander Charles R. Train, United States Naval Attaché at Rome, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/4/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Admiral Sir Lewis Bayly, Commander, Southern Ireland, 5/5/1918
Admiral William S. Benson, Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/5/1918
Captain William V. Pratt, Assistant Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/5/1918
Rear Admiral David W. Taylor, Chief of the Bureau of Construction and Repair, to Naval District Commandants, District Supervisors of the Naval Overseas Transportation Service, and Industrial Manager, New York Navy Yard, 5/6/1918
Vice Admiral William S. Sims, Commander, United State Naval Forces Operating in European Waters, to Commander Charles R. Train, United States Naval Attaché at Rome, 5/6/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Joel R. Poinsett Pringle, Chief of Staff, Destroyer Flotillas, 5/6/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to the Office of the Chief of Naval Operations, 5/6/1918
Admiralty to Vice Admiral Sir William Lowther Grant. Commander, North America and West Indies Station, 5/6/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Rear Admiral Herbert O. Dunn, Commander, Azores Detachment, Atlantic Fleet, 5/7/1918
Captain Joel R. Poinsett Pringle, Chief of Staff, Destroyer Flotillas, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/7/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Major General John J. Pershing, Commander, American Expeditionary Forces, 5/8/1918
Office of the Chief of Naval Operations to Capt. Robert L. Russell, Commandant, Twelfth Naval District, and Capt. Robert E. Coontz, Commandant, Thirteenth Naval District, 5/8/1918
Diary of Commander Joseph K. Taussig, Commander, Little, 5/8/1918
Rear Admiral Albert P. Niblack, Commander, United States Patrol Squadron Based at Gibraltar, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/8/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Secretary of the Admiralty Sir Oswyn A. R. Murray, 5/8/1918
Intercepted Intelligence on Why German Submarines have not sunk American Military Transports, 5/9/1918
Rear Admiral Henry B. Wilson, Commander, United States Patrol Squadrons Operating in European Waters, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/9/1918
Commander Charles R. Train, United States Naval Attaché at Rome, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/9/1918
Rear Admiral William B. Caperton, Commander-in-Chief, Pacific Fleet, to Captain George B. Bradshaw, Commander, Pittsburgh, 5/9/1918
Lindon W. Bates, Chairman of the Engineering Committee, Submarine Defense Association, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/9/1918
Navy Department Instructions Concerning the Disposition of Prisoners of War Captured by Naval Forces in Foreign Waters, 5/9/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to the Office of the Chief of Naval Operations, 5/10/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Commander Charles R. Belknap, Jr., Office of the Chief of Naval Operations, 5/10/1918
Lieutenant Commander Charles R. Train, United States Naval Attaché at Rome, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/10/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Anne Hitchcock Sims, 5/10/1918
Lieutenant Harry F. Guggenheim, Administration Division, Naval Aviation Forces, Paris, to Captain Hutchinson I. Cone, Commander,Naval Aviation Forces, Foreign Service, 5/10/1918
Office of the Chief of Naval Operations to Rear Admiral Albert Gleaves, Commander, Cruiser and Transport Forces, Atlantic Fleet, 5/10/1918
Major General John J. Pershing, Commander, American Expeditionary Forces, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/10/1918
Lieutenant Commander Charles R. Train, United States Naval Attaché at Rome, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in Europe, 5/11/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in Europe, to All Naval Forces, 5/11/1918
Philip A. S. Franklin, Chairman, Shipping Control Committee, to Henry H. Raymond, Shipping Control Committee, 5/11/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Joel R. Poinsett Pringle, Chief of Staff, Destroyer Flotillas, 5/11/1918
Rear Admiral Hugh Rodman, Commander, Battleship Division Nine, to Secretary of the Navy Josephus Daniels, 5/11/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain William V. Pratt, Assistant Chief of Naval Operations, 5/12/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Secretary of the Navy Josephus Daniels, 5/12/1918
Captain Joel R. Poinsett Pringle, Chief of Staff, Destroyer Flotillas, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/12/1918
Edward Dana Durand, Food Administration Representative, to Herbert Hoover, President, Food Administration, 5/12/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Admiral William S. Benson, Chief of Naval Operations, 5/13/1918
Admiral Willian S. Benson, Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/13/1918
Lindon W. Bates, Chairman, Engineering Committee, The Submarine Defense Association, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/13/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Rear Admiral Henry B. Wilson, Commander, United States Patrol Squadrons Operating in European Waters, 5/14/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to All Forces, 5/14/1918
Commander Walter G. Roper, Commander, Cythera, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/14/1918
Admiral William S. Benson, Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/14/1918
Secretary of the Navy Josephus Daniels, Circular on High Powered Guns for Troop Transports, 5/14/1918
Admiral William S. Benson, Chief of Naval Operations, to Lieutenant Commander Walter M. Falconer, Commander, Wadena, 5/14/1918
Diary of Secretary of the Navy Josephus Daniels, 5/15/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Rear Admiral Sir Reginald Hall, Director of Naval Intelligence, 5/15/1918
Office of Naval Intelligence, Memorandum on Camouflage, 5/15/1918
Edwin L. Reed, Aide for Information, Ninth, Tenth, and Eleventh Naval Districts, to Captain Roger Welles, Director of Naval Intelligence, 5/15/1918
Rear Admiral Henry B. Wilson, Commander, United States Patrol Squadrons Operating in European Waters, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/16/1918
Vice Admiral William S. Sims, Commander, United State Naval Forces Operating in European Waters, to Commander Charles R. Train, United States Naval Attaché at Rome, 5/16/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Hutchinson I. Cone, Commander, Naval Aviation Forces, Foreign Service, 5/16/1918
Captain Joel R. Poinsett Pringle, Chief of Staff, Destroyer Flotillas, to Vice Admiral William S. Sim, Commander, United States Naval Forces Operating in European Waters, 5/16/1918
Office of the Chief of Naval Operations to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/16/1918
Captain Richard H. Jackson, United States Naval Attaché at Paris, to Rear Admiral Henry B. Wilson, Commander, United States Patrol Sqaudrons Operating in European Waters, 5/16/1918
George I. Gay, Commissioner, Planning Division, Shipping Board, to Raymond B. Stevens, Vice-Chairman, Shipping Board, and Representative, Allied Maritime Transport Council, 5/16/1918
Rear Admiral Spencer S. Wood, Commandant, First Naval District, to Admiral William S. Benson, Chief of Naval Operations, 5/16/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Admiral Sir Lewis Bayly, Commander, Southern Ireland, 5/17/1918
Captain William V. Pratt, Assistant Chief of Naval Operations, to Captain Joseph W. Oman, Commandant, Second Naval District, 5/17/1918
Office of the Chief of Naval Operations, Memorandum to Forces in American Coastal Waters, 5/17/1918
Rear Admiral Albert P. Niblack, Commander, United States Patrol Squadron Based at Gibraltar, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/17/1918
Edward N. Hurley, Chairman, United States Shipping Board, to Raymond B. Stevens, Vice-Chairman, United States Shipping Board and United States Representative, Allied Maritime Transport Council, 5/17/1918
Reverend Jesse Halsey, to Vice Admiral William S. Sims, Commander United States Naval Forces Operating in European Waters, 5/17/1918
Third Sea Lord Rear Admiral Lionel Halsey, Chief of Naval Materiel, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/17/1918
Rear Admiral Albert Gleaves, Commander, Cruiser and Transport Forces, Atlantic Fleet, to Cruiser and Transport Forces, 5/17/1918
Captain William V. Pratt, Assistant Chief of Naval Operations, to All Navy Department Bureaus, 5/17/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Admiral William S. Benson, Chief of Naval Operations, 5/17/1918 - 5/19/1918
Lieutenant Valentine Wood, Leonidas, to Rear Admiral Albert P. Niblack, Commander, United States Patrol Squadron Based at Gibraltar, 5/18/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Rear Admiral Herbert O. Dunn, Commander, Azores Detachment, Atlantic Fleet, 5/18/1918
Press Conference Given By Secretary of the Navy Josephus Daniels, 5/18/1918
Admiral William S. Benson, Chief of Naval Operations, to Edward N. Hurley, Chairman, Shipping Board, 5/18/1918
Diary of Commander Joseph K. Taussig, Commander, Little, 5/19/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Rear Admiral Albert P. Niblack, Commander, United States Patrol Squadron Based at Gibraltar, 5/19/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Hutchinson I. Cone, Commander, United States Naval Aviation Forces, Foreign Service, 5/19/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Bureau of Navigation, 5/19/1918
Secretary of the Admiralty Sir Oswyn A. R. Murray to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/19/1918
Captain John K. Robison, Commander, Huntington, to Commander Charles S. Joyce, Commander, Hannibal, 5/19/1918
Lieutenant Commander Louis C. Farley, Commander, U.S.S. Allen, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/19/1918
Diary of Captain Joseph K. Taussig, Commander, Little, 5/21/1918
Philip A. S. Franklin, Chairman, Shipping Control Committee, to Raymond B. Stevens, Vice-Chairman, Shipping Board, and Representative, Allied Maritime Transport Council, 5/21/1918
Office of the Chief of Naval Operations to All United States Naval Forces, 5/21/1918
Captain Nathan C. Twining, Chief of Staff, United States Naval Forces Operating in European Waters, to Secretary of the Navy Josephus Daniels, 5/21/1918
Commander Herbert G. Sparrow, Commander, Chicago, and Chief of Staff, Submarine Force, Atlantic Fleet, to Admiral William S. Benson, Chief of Naval Operations, 5/22/1918
Captain Hutchinson I. Cone, Commander, Naval Aviation Forces, Foreign Service, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/22/1918
Lieutenant Robert K. Awtrey, Davis, to Rear Admiral Herbert O. Dunn, Commander, Azores Detachment, Atlantic Fleet, 5/22/1918
Rear Admiral Hugh Rodman, Commander, Battleship Division Nine, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/23/1918
George I. Gay, Commissioner, Planning Division, to Raymond B. Stevens, Vice-Chairman, Shipping Board, and Representative, Allied Maritime Transport Council, 5/24/1918
Rear Admiral Albert P. Niblack, Commander, United States Patrol Squadron Based at Gibraltar, to Commanding Officers, Gibraltar Patrol Squadron, 5/24/1918
Professor J. A. Field,, Shipping Board to George I. Gay, Commissioner, Planning Division, 5/24/1918
Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, to Captain Richard H. Jackson, United States Naval Representative to the Ministry of Marine, 5/25/1918
Vice Admiral William S. Sims, Commander, United States Navala Forces Operating in European Waters, to Lindon W. Bates, Submarine Defense Association, 5/25/1918
Rear Admiral Edwin A. Anderson, Commander, Squadron One, Patrol Force, Atlantic Fleet, Plan for the Protection of Shipping in the Florida Straits, 5/25/1918
Captain Hutchinson I. Cone, Commander, Naval Aviation Forces, Foreign Service, to Admiral William S. Benson, Chief of Naval Operations, 5/25/1918
John F. Anderson, Vice President, International Association of Machinists, to Inspector John Moffitt, Department of Labor, 5/25/1918
Admiral William S. Benson, Chief of Naval Operation, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/25/1918
Captain William V. Pratt, Assistant Chief of Naval Operations, to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/27/1918
Secretary of the Navy Josephus Daniels to Representative Benjamin. K. Focht, R-Pennsylvania, 5/29/1918
Admiral William S. Benson, Chief of Naval Operations to Vice Admiral William S. Sims, Commander, United States Naval Forces Operating in European Waters, 5/29/1918
Admiral William S. Benson, Chief of Naval Operations, to Bureau of Ordnance, 5/30/1918
Convoying, Naval Operations in the Mediterranean
Additional Resources for May 1918
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06/28/2012 10:10 am ET Updated Jul 05, 2012
Supreme Court Health Care Decision: Individual Mandate Survives
By Mike Sacks
WASHINGTON -- The individual health insurance mandate is constitutional, the Supreme Court ruled Thursday, upholding the central provision of President Barack Obama's signature Affordable Care Act.
The controlling opinion, written by Chief Justice John Roberts, upheld the mandate as a tax, although concluded it was not valid as an exercise of Congress' commerce clause power. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in the outcome.
The decision in National Federation of Independent Business v. Sebelius comes as something of a surprise after the generally hostile reception the law received during the six hours of oral arguments held over three days in March. But by siding with the court's four Democratic appointees, Chief Justice Roberts avoided the delegitimizing taint of politics that surrounds a party-line vote while passing Obamacare's fate back to the elected branches. GOP candidates and incumbents will surely spend the rest of the 2012 campaign season running against the Supreme Court and for repeal of the law.
Five justices concluded that the mandate, which requires virtually all Americans to obtain minimum health insurance coverage or pay a penalty, falls within Congress' power under the Constitution to "lay and collect taxes."
"The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause," Roberts wrote. "That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage in it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."
Ginsburg, writing separately for the four liberals, said they would have upheld the mandate under the commerce clause too. "Unlike the market for almost any other product or service, the market for medical care is one in which all individuals inevitably participate," she wrote. "Virtually every person residing in the United States, sooner or later, will visit a doctor or other health care professional."
Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito joined in a dissent. Together, Roberts' controlling opinion, Ginsburg's concurrence, the four-justice dissent and Thomas' own dissent add up to 187 pages.
In a nod to the importance of the health care cases, Roberts, Ginsburg and Kennedy all chose to read summaries of their opinions from the bench.
In a section of his opinion joined by the liberal justices, Roberts noted that the conservative dissenters contend that the mandate cannot be upheld as a tax "because Congress did not 'frame' it as such. In effect, they contend that even if the Constitution permits Congress to do exactly what we interpret this statute to do, the law must be struck down because Congress used the wrong labels."
But the majority was not persuaded by that argument. Roberts wrote that the mandate provision "need not be read to do more than impose a tax. That is sufficient to sustain it."
On Medicaid expansion, the court upheld the expansion but with a critical caveat: The federal government may not threaten the states that don't comply with the loss of their existing funding. Essentially, the Medicaid expansion is now optional for the states.
"As for the Medicaid expansion, that portion of the Affordable Care Act violates the Constitution by threatening existing Medicaid funding," Roberts wrote. "Congress has no authority to order the States to regulate according to its instructions. Congress may offer the States grants and require the States to comply with accompanying conditions, but the States must have a genuine choice whether to accept the offer. The States are given no such choice in this case: They must either accept a basic change in the nature of Medicaid, or risk losing all Medicaid funding. The remedy for that constitutional violation is to preclude the Federal Government from imposing such a sanction."
For their part, the dissenters were not impressed with Roberts' parsing of the law. "The Court regards its strained statutory interpretation as judicial modesty. It is not. It amounts instead to a vast judicial overreaching," wrote the four other conservatives.
They then looked to the political future: The majority's decision, they argued, "creates a debilitated, inoperable version of health-care regulation that Congress did not enact and the public does not expect. It makes enactment of sensible health-care regulation more difficult, since Congress cannot start afresh but must take as its point of departure a jumble of now senseless provisions, provisions that certain interests favored under the Court’s new design will struggle to retain. And it leaves the public and the States to expend vast sums of money on requirements that may or may not survive the necessary congressional revision."
Summarizing his delicate decision from the bench, Roberts reminded his listeners that it is "not our job to save the people from the consequences of their political choices." Still, the decision appeared to do just that.
By narrowing Congress' commerce and spending powers, Roberts moved the law in a decidedly conservative direction. Yet by invoking the taxing power, he saved not only the people but also Congress, the president and the Supreme Court itself from the consequences of their political choices that had seemed so evident at oral argument three months ago.
Careful legal parsing aside, the bottom line is: The Affordable Care Act has survived.
HuffPost readers: How will the Supreme Court's Affordable Care Act ruling affect your family? Tell us: offthebus@huffingtonpost.com (include your phone number if you are willing to be interviewed).
Erin Mershon contributed to this report.
Legal Battle Over Health Care Law
Mike Sacks
Host/Producer, HuffPost Live
Health Care Reform Health Care Affordable Care Act Politics Barack Obama
Round 1: The District Courts Divide
U.S. District Judge George Caram Steeh, a Clinton appointee sitting in the Eastern District of Michigan, released the first major Affordable Care Act decision in October 2010. In <a href="http://www.mied.uscourts.gov/news/docs/09714485866.pdf" target="_hplink"><em>Thomas More Law Center v. Obama</em></a>, Steeh sided with the government to hold the law constitutional. "The decision whether to purchase insurance or to attempt to pay for health care out of pocket is plainly economic," Steeh wrote. "These decisions, viewed in the aggregate, have clear and direct impacts on health care providers, taxpayers and the insured population, who ultimately pay for the care provided to those without insurance."
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M’s dilemma II: Nowhere to turn
by Ben Randall | Nov 11, 2014
For the first time in almost three years, my friend M – trafficked from Vietnam and sold as a wife in China – had been given the power to determine her own fate.
The decision that confronted her, however, was a decision no mother should ever have to make – a choice between her child and her freedom.
When I located and met with M in late May this year, she resolved to return to her home and family in Vietnam.
Bringing her Chinese-born child back to Vietnam would be extremely difficult, however, and M made the difficult decision to leave her baby behind.
M chose to delay her return to Vietnam until immediately after her daughter’s first birthday in early August, risking the possibility of falling pregnant to her Chinese “husband” for a second time.
In the meantime, I discussed the logistics of M’s rescue with Blue Dragon – an excellent Australian NGO based in Hanoi – and several friends both inside and outside of China.
Approaching the Chinese authorities was agreed to be a measure of last resort. There was no way of knowing if M, as an illegal resident, would be treated as a victim or a criminal, and the matter would be taken entirely out of our hands.
There are stories of trafficking victims imprisoned for months in cramped cells, waiting for their claims to be processed.
As strange as it may seem, it was also in M’s best interests to keep the man who had purchased her – her Chinese “husband” – out of prison.
He was a bridge that M – desperate to secure a future for both her daughter and herself – was not prepared to burn. In M’s absence, her “husband” and his family would be the primary care-givers for her child.
I’d already considered approaching the Chinese authorities via diplomatic channels, having a European friend with connections to highly-positioned diplomats and politicians in China.
However, my friend required all details in advance – the full names of M and her “husband”, and their address and phone numbers. It was impossible to provide this information without having some assurance of what would happen to M and her “husband”, and we reached an impasse.
I carefully reviewed the possibility of M being taken to one of the four Vietnamese consulates within China.
With a Chinese ID card that was clearly counterfeit, any travel was dangerous for M. Travel by air and rail was out of the question.
By bus and taxi, it would be a journey of at least ten or twelve hours to the nearest Vietnamese consulate, with the constant risk of an identification spot-check by the Chinese police or military on the way.
If M was caught, there was no way of knowing what would become of her.
If she arrived and was admitted without incident, it was also unclear what steps the consular staff would take with her. If I were present, my own role in M’s story would inevitably be exposed, with uncertain consequences.
M was situated some 2,500 kilometres (1,500 miles) from Vietnam, and from the professionals at Blue Dragon who were best equipped to deal with her case.
Due to the tense political climate, it was too risky for Blue Dragon to venture so deep into China.
If M was able to escape and make her own way south, one of Blue Dragon’s representatives would be able to meet her closer to the Vietnamese border, and give her the assistance she required to return home.
It would be difficult and dangerous for M to cross such vast distances alone – and, in any case, she didn’t know how she could escape her “husband”.
Someone had to help her.
I had spent the past year investigating human trafficking in Asia, knew M personally, and was willing and able to help her. I had already familiarised myself with the area near her home, had met her there twice, and could easily arrange a meeting at the same rendezvous point.
Oddly, I realised that I was the best candidate to enact the initial phase of the rescue.
On the other hand, however, I had no Chinese language skills and, as a Western man in an untouristed part of China, I would also be highly conspicuous. There would be numerous dangers and difficulties in attempting to rescue M alone.
I discussed the matter with a Chinese friend, hoping to find his support and assistance. I knew him to be intelligent, adventurous and trustworthy, and a two-man team with our combined skills and knowledge would be ideal for the job.
My friend, though, disagreed with the basic premise of the rescue. He advised turning the matter over to the Chinese authorities, believing implicitly that justice would take its course, and that any other approach was foolhardy.
I was already a hero, he said, and didn’t need to prove myself.
Of the numerous discussions that had taken place and the various opinions I encountered, my friend stood alone in his advocacy of approaching the Chinese authorities, an option which had long since been eliminated.
I was unaware at that point that my friend was in fact working for the Chinese government, and would be risking far more than I by his involvement.
I knew no other Chinese nationals I’d be willing to approach to assume the risks involved in M’s rescue, and realised I was on my own.
The idea of returning to China to physically rescue M was far beyond anything I’d imagined when I’d first launched The Human, Earth Project, and was certainly inadvisable by most standards.
It wasn’t a matter of being a hero; there was simply nowhere else to turn. I booked my flight to Hong Kong for the first week of August, when M’s baby girl had her first birthday.
What happened next was to be the best or worst news of the entire Project, and possibly our lives.
As mentioned three weeks ago, the very success of The Human, Earth Project has entailed significant unplanned expenses, and shattered the budget for our feature-length film, Sisters For Sale.
Today I’ve shared a brand new collection of previously unseen travel photographs from Asia, charting my twin journeys up through Thailand and into the dust of dry-season Myanmar (Burma).
All images are for sale as 45x30cm (18×12″) prints, with all proceeds helping to fund my ongoing work here in Vietnam.
Click here to see the new collection.
Subscribe here to receive all the news from The Human, Earth Project for free.
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Box Office Report: 'The Dictator' Opens to Soft $4.2 Million Domestically, Brighter Overseas
8:14 AM PDT 5/17/2012 by Pamela McClintock
The film's main overseas setting is the quasi-Moorish-styled Plaza de Espana in Seville, Spain, most famously used for the British officers' club in "Lawrence of Arabia."
Sacha Baron Cohen's R-rated comedy is coming in on the low end of expectations in North America, where it only earned a C CinemaScore.
CANNES -- Sacha Baron Cohen's world travels appear to be paying off, with his new comedy The Dictator posting a promising $4.2 million from nine markets as it began to roll out overseas on Wednesday, including $1.6 million in the U.K.
The Paramount picture is expected to fare notably better internationally than domestically, where it opened to a softish $4.2 million on Wednesday, including $650,000 in Tuesday midnight runs and select 9 p.m. Tuesday runs. The R-rated comedy also earned a disappointing C CinemaScore.
PHOTOS: 28 of Summer's Most Anticipated Movies: 'Avengers,' 'Dark Knight,' 'Prometheus'
Box-office observers now expect the film's five-day debut in North America to fall in the $20 million to $23 million range, less than Baron Cohen's Borat or Bruno earned in their respective three-day openings.
Overseas, where Dictator will roll out in 32 markets, the forecast is calling for a debut north of $30 million.
On Wednesday, Baron Cohen -- dressed in character as Admiral General Aladeen -- was in Cannes to woo the international press with several antics, including mounting a camel in front of the historic Carlton Hotel and pretending to throw Italian beauty Elisabetta Canalis off a yacht in a body bag (that stunt was captured by paparazzi stationed at the Hotel du Cap).
FILM REVIEW: The Dictator
Paramount and Baron Cohen have been on a two-week road tour of Europe promoting Dictator, including a premiere in London.
In addition to the U.K., Dictator opened Wednesday in Australia, where it did a pleasing $795,000. It also earned $450,000 in German previews.
In the U.S., tracking for The Dictator has been soft among moviegoers older than 30, who might be skittish about what boundaries Baron Cohen will cross in the film.
STORY: Cannes 2012: 'Dictator' Star Sacha Baron Cohen Invades Historic Hotel
The Dictator reunites Baron Cohen with Borat and Bruno director Larry Charles. Borat was a worldwide phenomenon, grossing $133.1 million internationally and $128.5 million in North America after opening to $26.5 million in November 2006.
Bruno was considered a disappointment in comparison, opening to $30.6 million domestically in July 2009 but topping out at $60.1 million. The film earned $78.8 million overseas.
The Dictator cost $65 million to produce and was shot on a bigger scale than Borat and Bruno because of the storyline, which centers on a Middle Eastern dictator who goes to New York and essentially is defrocked. Part of the movie was shot on location in the Middle East before the production moved to Manhattan.
Paramount originally intended to open the R-rated comedy May 11 opposite Dark Shadows but pushed back the release until May 16 because of Avengers and Dark Shadows, which ended up having a heavy comedic tone.
Pamela McClintock
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Relocation Guide Wake County Schools Area Colleges & Universities
Frenchman William Fuquay first settled in the small farming town of Sippihaw, named for the original Native American tribe that inhabited the area. His great-grandson, a tobacco farmer named Stephen discovered a spring in the mid-1800s while plowing the fields of the family plantation. Originally used solely for drinking water, Stephen soon came to the conclusion that the mineral water flowing from the springs had healing properties. As word spread, locals began to help the springs establish this reputation, which brought residents from neighboring communities and counties to its waters. The springs were eventually walled in to better serve the tourists coming to the area by road or rail.
In 1860, Fuquay sold the springs to a group of local investors who formed the Chalybeate Springs Company to market the attraction and its waters. At that time another Sippihaw resident, J. D. “Squire” Ballentine, was returning home from the Civil War. Ballentine had been the town’s schoolmaster before going off to fight for the Confederate Army. During his tour of duty, he had received letters from one of many southern ladies who wrote to the troops to improve their morale. Originally signing her name “Varina,” Virginia Avery would later meet and fall in love with Ballentine. He continued to call her Varina throughout their life together. When he became the first postmaster at the new post office in town in 1880, he named it “Varina” in her honor. A community grew just south of the springs, near the post office and the couple’s Varina Mercantile Company general store. In time, it adopted the same name. Ballentine’s business success allowed him to construct the local historic landmark Ballentine Spence House in 1910, the first house to have plumbing and electricity in the area. This house still stands today.
The Fuquay Mineral Spring’s popularity grew toward the turn of the century, especially in the 1890s as local businessman John Mills developed the idea to offer “Moonlight Excursions” to the springs. He fitted flat rail cars with seats and offered nighttime train trips to southern Wake County from Raleigh. As more guests came to the springs to “take the waters,” a group of small hotels sprung up in town, along with restaurants, barbecue stands, and a dance pavilion with a player piano. The town became a tourist destination and was the site of special celebrations on Fourths of July and Easter Mondays. During these events, residents of Raleigh would take the train down to watch the accompanying baseball games and participate in the dances and celebrations. Hotels like the Ben Wiley Hotel catered to the out-of-towners and became as much a center of town life as the springs. In 1902, Sippihaw was renamed “Fuquay Springs” in honor of its founding family and was officially incorporated in 1909.
When it was incorporated, the new Fuquay Springs town limits included the Varina business district and the rail junction of the Cape Fear, Northern, Norfolk, and Southern Railroads, the core of the neighboring town. But Varina reestablished itself the following year when the Varina Union Station was erected and a new post office was created, spurred by the lobbying of Ballentine. Four years later, the Bank of Varina was established, competing directly with the Bank of Fuquay (now Fidelity Bank). Several warehouses for the growing tobacco business were built in town over the next few years, capitalizing on the railroad connections. Another supply store and a knitting factory followed. As Varina came into its own as a hub for area agriculture, the Fuquay Springs Corporation was formed and began bottling and selling mineral water from the springs commercially. Area businesses continued to develop and in 1927, US 401 was paved through town, shortening travel times to Raleigh and nearby communities, the Fuquay Springs Corporation was formed and began bottling and selling mineral water from the springs commercially. Area businesses continued to develop and in 1927, US 401 was paved through town, shortening travel times to Raleigh and nearby communities. The shared emphasis on agricultural and industrial growth brought the towns to a shared vision, and as their residents worked, played, and attended church together, the eventual merger into Fuquay-Varina in 1963 was inevitable.
The Taste of Fuquay-Varina continues to draw crowds from all over Southern Wake County as we judge our areas’ finest cooks! Our contests include “Best Tasting Cakes”, “Best Decorated Cakes” and our area restaurants will have round two of the “Best Chicken Wings in Southern Wake."
Other festivals and activities that Fuquay-Varina has to offer are as follows: Celebrate Fuquay-Varina with the Celebration of the Arts, The downtown Farmer’s Market, Chili Cook-Off, Independence Day Celebration with fireworks, Trick or Treat and Easter Candy Hop in historic downtown, Holiday Open House, Christmas Tree lighting with free sleigh rides and the Fuquay-Varina Downtown Cruise In festival.
For a calendar of events please visit:
www.fuquay-varinadowntown.com/calendar-of-events-in-downtown-fuquay-varina.html
The Parks, Recreation and Cultural Resources Department is now responsible for thirteen park sites with seventeen athletic fields, one gym, and a Community Center offering programs for fitness, education, and recreation. We sponsor adult athletic leagues and coordinate efforts with the Fuquay-Varina Athletic Association (FVAA) to provide outstanding youth sports programs.
Visit the official Fuquay-Varina Parks and Recreation website.
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A Charles Manson murder house is for sale. The host of 'Ghost Adventures' may have just purchased it.
The listing for a beautiful two-bedroom home in California calls it "truly one of a kind."
That's probably a common phrase on many real estate listings. But for this home in particular, it rings true — the home was the site of two grisly murders committed by the followers of Charles Manson, nearly exactly 50 years ago before "Ghost Adventures" host Zak Bagan reportedly made an offer on the home.
On Aug. 10, 1969, Manson's followers murdered Rosemary and Leno LaBianca in the Los Feliz home, one night after a pregnant Sharon Tate and four others were famously murdered in the home of Tate and her husband, director Roman Polanski.
According to the Los Angeles Times, California home sellers are legally required to disclose if a death occurred in a home within three years of the house hitting the market. Since the LaBianca murders happened 50 years ago, the sellers aren't required to disclose the death. However, Redfin listing agent Robert Giambalvo told the LA Times he still mentioned to potential buyers that they should do research before making an offer on the house so there were no surprises.
But the home's history is exactly why Bagans of "Ghost Adventures" fame was interested in the $1.98 million house, he told TMZ.
"Zak won't say what he plans to do with the house, but says it has a storied history beyond just the Manson murders. He says dogs have mysteriously disappeared from the property and occupants have been freaked out over what he says is paranormal activity," TMZ reported.
It's not the first time Bagans bought an item related to Manson and his crimes. According to TMZ, Bagans' "Haunted Museum" in Las Vegas also allegedly features Manson's dentures, bone fragments, the hospital gown he was wearing when he died and two paintings, one allegedly covered with Manson's ashes and one with his urine. More recently, Bagans purchased a wedding dress reportedly belonging to Tate, who married Polanski the year before Manson's followers murdered her.
The Redfin listing for the California home says "active under contract," but also reads that the site is "accepting backup offers."
Photos courtesy Redfin
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Home » Press Releases » Press Release- Embassy of Belarus : 31 July 2020
Press Release- Embassy of Belarus : 31 July 2020
Belarus registers 67,251 coronavirus cases, 538 deaths as of Jul 27, 2020
MINSK, Jul 27 – PrimePress. Belarus registered 67,251 confirmed coronavirus cases as of July 27, 2020; 538 people died, Belarus’ Health Ministry reports on its official Telegram channel.
60,492 patients have recovered and have been discharged from hospitals.
As previously reported, the number of registered coronavirus cases in Belarus reached 67,132 on the previous day; 534 patients died.
The Health Ministry reports over 1.25 million tests for the coronavirus infection as of July 27, 2020. End
Belarus expects to harvest 9.5m tonnes of grain in 2020 – Lukashenko
MINSK, Jul 27 – PrimePress. Belarus expects to harvest 9.5 million tonnes of grain in 2020, President of Belarus Alexander Lukashenko said during his visit to the Nesvizh District (Minsk Oblast) on July 27, 2020, the presidential press office reports.
“When we say that we are to harvest 8 million tonnes of grain, we should specify that this is about spiked grains. We should add 1.5 million tonnes of corn to this figure to the total of at least 9.5 million tonnes of grain this year,” Lukashenko said.
According to Minister of Agriculture and Food Ivan Krupko, grain and legumes have been harvested from about 19% of the area under crops, the yield standing at 37.6 centners per hectare.
“This yield suggests that we can harvest 8.1 million tonnes of grain plus 1.5 million tonnes of spiked grains. We are finishing harvesting rapeseed–89% so far–and 4 to 5 days have left,” the minister said.
Belarus had harvested over 9 million tonnes of grain in 2008, 2009 and 2014 (7.33 million tonnes in 2019). End
CEC reports number of voters in presidential election in Belarus
MINSK, Jul 27 – PrimePress. Over 6.8 million voters can take part in the 2020 presidential election in Belarus; 5,319 will be able to vote outside the country, the Central Election Commission (CEC) of Belarus reports on its official website.
According to the CEC, Belarus numbers a total of 6,844,932 legitimate voters: 984,601 in the Brest Oblast; 849,472 in the Vitebsk Oblast; 1,069,567 in the Gomel Oblast; 751,084 in the Grodno Oblast; 1,142,043 in the Minsk Oblast; 801,825 in the Mogilev Oblast; 1,241,021 in Minsk city.
Belarus has arranged 5,767 polling stations, including 44 outside the country in Belarusian embassies and consulates general in 36 countries.
As previously reported, on July 14, 2020, the CEC registered Andrei Dmitriyev, Anna Kanopatskaya, Alexander Lukashenko, Svetlana Tikhanovskaya and Sergei Cherechen as candidates for the presidency of Belarus. The presidential election is scheduled for August 9. Early voting will begin on August 4. The results of the election must be announced on or before August 19. The second round, if necessary, will take place on August 23, 2020. End
Fitch forecasts Belarus’ net external debt growth in 2020 to 42% of GDP
MINSK, Jul 27 – PrimePress. Fitch Ratings forecasts Belarus’ net external debt growth by the end of 2020 to 42% of GDP, reads the Fitch report on the Commonwealth of Independent States (CIS) and the Black Sea Region.
According to the Ministry of Finance of Belarus, the external debt of the public administration sector (including the external debt guaranteed by the public administration sector) made up 32.7% of GDP as of May 1, 2020.
Fitch says that continuous access to finance is key for Belarus, considering the large amount to be allocated for debt repayment in 2021. Belarus’ need for financing is expected to remain high, since the country is to pay $3.4 billion on the debt in foreign exchange in 2021.
Belarus will pay 4.5% of GDP in 2020 and 7.1% of GDP in 2021 on external debts, which is one of the region’s highest rates.
According to Fitch, the flexibility of short-term financing in Belarus is ensured, among other things, by the availability of foreign exchange cash resources and potential bilateral financing from China. However, China’s inputs have not made a big change in most countries of the region except for Belarus, which received $500 million in 2019 and is negotiating further borrowing.
Fitch experts say that access to international markets remains limited for the regional economies. Belarus was the first to return to the Eurobond market in June 2020, placing $1.25 billion in bonds. Belarus has also floated government bonds worth $135 million in Russia, and may issue additional $135 million later this year.
Fitch Ratings expects the region’s economy to contract by an average of 4.4% in 2020, while Belarus’ GDP will decline by 5%. End
EEU continues drafting legal framework of common financial market
MINSK, Jul 27 – PrimePress. The concept of a common financial market of the Eurasian Economic Union (EEU) was examined at a session of the advisory committee on financial markets of the Eurasian Economic Commission (EEC) Board chaired by Timur Zhaksylykov, Minister for Economy and Financial Policy of the Commission, the EEC press office reports.
The concept defines the legal framework for the common financial services market, key infrastructure areas and tools for its expansion and further development.
The concept envisages standardized licensing to ensure mutual admission (commercial presence) in the form of subsidiaries of banks and insurance companies as providers of financial services.
Authorized representatives of the parties assessed the progress reached in drafting an agreement on a standardized license, which will determine the procedure and terms for issuing and revoking (suspending) a standardized license, requirements to applicants, and a procedure for a revision of such requirements.
The EEU is also working on an agreement on a supranational body that will regulate the common financial market of the EEU. Its establishment is determined by the agreement on the EEU and the concept of the common financial market.
“In accordance with the agreement on the harmonization of the legislation of the Eurasian Economic Union member states pertinent to the financial market, which entered into force on March 1, 2020, the member states are to make a plan jointly with the EEC for the harmonization of the financial legislation of the EEU member states within nine months,” said Zhaksylykov.
The EEC coordinated the plan for harmonizing the legislation of the EEU member states in the financial sector (for banks, insurance companies and providers of services in the securities market). The EEC Board will examine the plan in October 2020.
The Commission says the harmonization of requirements for the regulation of the financial market will base on the international principles of the Basel Committee on Banking Supervision, International Association of Insurance Supervisors, International Organization of Securities Commissions and Organization for Economic Cooperation and Development, taking into account best international practices. End
Belarus awaits management proposals from Russian owners of Belgazprombank – NBB
MINSK, Jul 27 – PrimePress. Belarus invites the Russian owners of Belgazprombank (Gazprom PJSC and Gazprombank JSC) to make proposals for managing the bank, Chairman of the Board of the National Bank of Belarus (NBB) Pavel Kallaur said in the interview with ONT TV channel aired on July 25.
“The parties are considering further actions in this situation. We are waiting for proposals from Russia to update the composition of the board,” Kallaur said.
When asked about Belgazprombank’s future in the Belarusian market, he said that “the bank’s future could be jointly decided upon deliberation.”
Kallaur says the Russian owners of Belgazprombank were sensitive the most when the NBB proposed first time to think about the composition of the Belgazprombank Board.
“This decision was in force several days, and then we revoked it. The appointment of an interim administration was an emergency solution,” Kallaur said.
The interim administration was appointed to Belgazprombank on June 15, 2020 by resolution No.192 of the National Bank of Belarus of June 14, 2020. The Financial Investigations Department of the State Control Committee of Belarus searched the bank’s office on June 11 as part of the criminal case on tax evasion, and detained 20 persons, including, according to some sources, two deputy chairs of the Board. Primary shareholders (Russian Gazprom and Gazprombank) called the actions of the National Bank and Belarus’ law enforcement illegal and refused to cooperate with the interim administration.
For two decades, Belgazprombank was headed by Viktor Babariko, who attempted to run for president in the election scheduled for August 9. Babariko was detained on June 18. He said that no complaints had been filed against the bank and related companies. He believes the actions of the authorities are politically motivated.
Belgazprombank OJSC was established in 1990 as an authorized bank of Gazprom Group in Belarus. Russian Gazprom PJSC and Gazprombank JSC own 49.66% stake in Belgazprombank each; Gazprom Transgaz Belarus – 0.49%; the Republic of Belarus represented by the Ministry of Energy of Belarus – 0.097%. Belgazprombank is assigned to the system significance Group I. End
Monday forex session: ruble down 0.04% against dollar to Br2.3889/$1
MINSK, Jul 27 – PrimePress. Following the bidding at the single forex session of the Belarusian Currency and Stock Exchange (BCSE) in the format of a continuous two-way auction, the Belarusian ruble stood at Br2.3889/$1 to the dollar on Jul 27, down 0.04% on the previous day of trading, says the BCSE official report.
Following the bidding at the single forex session on Monday, the ruble stood at Br2.7949/€1 to the euro, down 0.86%; at Br3.3391/RUB100 to the Russian ruble, up 0.02%.
As previously reported, the National Bank of Belarus (NBB) on June 1, 2015 stopped the practice of fixing the exchange rate of the Belarusian ruble to the basket of foreign currencies on a day-to-day basis and switched over to FX trading on the Belarusian Currency and Stock Exchange (BCSE) in the format of a continuous two-way auction.
The parties taking part in continuous two-way auctions at the BCSE are free to make bids and offers during the entire auction period, however deals will be made if the FX trading system bridges bids with relevant offers.
The weighted average rate of the US dollar, the euro and the Russian ruble shall be the National Bank’s official exchange rate of the relevant currency for the day that follows the day of trading.
At the moment, the exchange rate of the Belarusian ruble is pegged to the basket of foreign currencies, with the share of the Russian ruble standing at 50%, the US dollar – 30%, the euro – 20%. End
First power unit of Belarus’ NPP to be fully put into commercial operation in 2021 – Energy Ministry
MINSK, Jul 27 – PrimePress. Installation and start-up works required for the physical launch of the first power unit of the Belarusian nuclear power plant (Astravyets District, Grodno Oblast) are nearing completion. The NPP is expected to be put into full commercial operation in the first quarter of 2021, says Minister of Energy of Belarus Viktor Karankevich.
“At this stage, 163 assemblies with nuclear fuel will be loaded into the reactor,” the minister said in an interview with SB Belarus Today daily published on July 25.
“Startup and commissioning operations are being completed. This is required for the physical launch of the first unit. At this stage, 163 fuel rod arrays will be placed into the reactor and the reactor unit will gradually reach the design capacity. The reactor power startup will begin after that. The first kilowatt-hours of electricity will be supplied to the national power grid. Test operation will follow. The unit is supposed to be fully commissioned in the first quarter of 2021,” the minister said.
Meanwhile, works continue to integrate the NPP into the national power grid. Rapid-response energy sources that will serve as backup or will be used during peak hours with the total output capacity of 800 MW are being commissioned together with electric boilers of heating plants, 916 MW in the total capacity; 1,700 km of high-voltage power lines have been constructed or reconstructed to deliver electricity from the NPP to any part of the country.
Belarus’ first nuclear power plant in Ostrovets (a town in the Grodno Region also referred to as Astravyets) will have two units with a combined capacity of up to 2,400 megawatts. The AES-2006 Russian standard design of (generation 3+) was chosen for its construction. The startup of the first power unit was postponed from 2018 to 2019 and then to the third quarter of 2020. The second unit is expected to be launched in 2021. Rosatom’s division Atomstroyexport acts as the general contractor for the NPP construction. The Belarusian Nuclear Power Plant RUE is the project customer and the future operator of the NPP. End
Belarus, Russia consider reprocessing of Astravyets NPP’s spent nuclear fuel – Karankevich
MINSK, Jul 27 – PrimePress. Belarus and Russia are working on an intergovernmental agreement on the reprocessing of spent nuclear fuel from the Belarusian nuclear power plant (Astravyets District, Grodno Oblast), says Minister of Energy of Belarus Viktor Karankevich.
“A separate intergovernmental agreement will establish specific terms for cooperation with our Russian partners in this area. Safety has been and remains a paramount priority,” the minister said in an interview with SB Belarus Today daily published on July 25SB.
The Ministry of Energy said earlier that Belarus and Russia were planning on entering into an intergovernmental agreement on the reprocessing of spent nuclear fuel from the Belarusian NPP this year. Deputy Energy Minister of Belarus Mikhail Mikhadyuk said in February 2020 that Belarus had received a Russian draft.
As previously reported, resolution No.558 of the government of Belarus dated August 22, 2019 approved a spent nuclear fuel treatment strategy, according to which Belarus is going to spend up to $3.5 billion on the treatment of nuclear fuel used by the Belarusian NPP.
Belarus’ crude oil output up 0.8% in Jan-Jun 2020 to 843,668 tonnes
MINSK, Jul 27 – PrimePress. Belorusneft (Rechitsa, Gomel Oblast)–Belarus’ sole producer of crude oil–says its crude output increased 0.8% year on year in January-June 2020 to 843,668 tonnes.
Hydraulic extraction increased in Jan-Jun 2020 by 2.8% year on year to 106.715 tonnes, extraction from new wells and lateral holes was down 3.2% to 45,263 tonnes.
According to official statistics, Belarus reduced the export of domestically produced oil in Jan-May by 34.6% year on year to 230,000 tonnes. In value terms, the export decreased by 44.4% yoy to $42.552 million due to a decrease in supplies and in the average export price, which stood at $185 per tonne against $455.839 in Jan-May 2019.
Belarus suspended the export of domestically produced oil in January-March 2020, supplying the entire volume to its refineries (Mozyr Oil Refinery OJSC, Gomel Oblast, and Naftan OJSC, Novopolotsk, Vitebsk Oblast), which only utilized a half of their capacities at that time, as, since late 2019, Belarus had no contracts for 2020 with major Russian suppliers due to price disagreements. Belarus resumed the export of its oil in April 2020.
Belarus plans to increase oil output by 1.18% against 2019 to 1.7 million tonnes in 2020.
Belorusneft was founded in 1966. The company specializes in exploration works, oil extraction, gas processing, and offers a wide range of seismic exploration operations.
Belorusneft provides oil extraction services in Russia, Ukraine, Venezuela and Ecuador, facilitates crude supplies to the Belarusian oil refineries on a give-and-take basis. Belorusneft sells oil products through its own chain of refilling stations and trading companies, and is engaged in the oil product export. End
Belarus’ meat output up 5.6% in Jan-Jun 2020 to 534,600 tonnes
MINSK, Jul 27 – PrimePress. Belarus’ output meat and edible offal increased in January-June 2020 by 5.6% year on year to 534,600 tonnes, the National Statistics Committee of Belarus (Belstat) said in an official report.
Beef output in Jan-Jun 2020 increased by 11.7% to 119,400 tonnes; pork – up 5.3% to 118,400 tonnes; poultry meat – up 3.1% to 259,900 tonnes; sausages – down 0.1% to 125,200 tonnes.
Output of finished and canned pork products was up 7.9% to 16,547 tonnes; finished and canned beef products – down 6.7% to 5,472 tonnes.
Meat and edible offal inventories totalled 18,900 tonnes as of Jul 1, 2020 (21.4% of average monthly output), including beef – 2,900 tonnes (14.9%); pork – 2,600 tonnes (13.7%); poultry meat – 10,600 tonnes (24.5%); sausages – 2,200 tonnes (11.4%), finished and canned pork products – 1,156 tonnes (42%); finished and canned beef products – 970 tonnes (106.4%). End
NBB’s currency rates as of Jul 28, 2020
MINSK, Jul 27 – PrimePress. The National Bank of Belarus (NBB) set on Jul 27, 2020 the following exchange rates of the Belarusian ruble (Br) against foreign currencies for Jul 28, 2020.
UKRANIAN HRYVNA
SDR (Special Drawing Rights)
KIRGHIZ SOM
TURKISH LIRAS
SWISS FRANK
Lukashenko to deliver annual address to nation, parliament Aug 3
MINSK, Jul 24 – PrimePress. President Alexander Lukashenko will deliver his annual address to the Belarusian people and the National Assembly, the National Legal Internet Portal said in a release.
In accordance with ordinance #294 signed by President Lukashenko on July 24, 2020, the third extraordinary session of the House of Representatives and the Council of the Republic (the lower and the upper chambers of the Belarusian parliament, respectively) will convene in Minsk on Aug 3, 2020 to eyewitness the president’s annual message of the nation and the parliament and consider other issues. End
Lukashenko suspends automatic system for fulfilling obligations till late 2020
MINSK, 24 Jul – PrimePress. The indisputable recovery of funds from payers’ bank accounts on the basis of enforcement inscriptions till the end of 2020 may be carried out only by enforcement authorities within the framework of enforcement proceedings.
The automatic system for fulfilling obligations has been suspended in accordance with presidential ordinance #291 “On fulfilment of monetary obligations” of July 23, 2020, as reported by Lukashenko’s press service.
The automated information system for fulfilling monetary obligations started operating in Belarus on January 1, 2020. Thus, the presidential ordinance suspends the system till the end of the year. End
IBRD to lend Belarus €90m to fight coronavirus aftermath
MINSK, Jul 24 – PrimePress. The International Bank for Reconstruction and Development (IBRD) will provide Belarus €90 million in credit financing to combat the COVID-19 epidemic in the country. This is one of the provisions of the credit agreement between the IBRD and the Belarusian government, which was approved by the President of Belarus and formalized by ordinance #292 of July 23, 2020.
The agreement provides for an IBRD loan of €90 million to Belarus’ Republican Scientific and Practical Centre for Medical Technology, Informatization, Healthcare Management and Economics. The funds will be used to purchase equipment for intensive care and resuscitation departments, equipment for the ambulance service, as well as 20 computerized tomographs, test systems for diagnosis of infection, personal protective equipment and medicines.
In particular, for the intensive care and resuscitation departments they will purchase 460 lung ventilators, 350 anesthesia and respiratory apparatuses, 200 CPAP-therapy devices, 800 patient monitors, 30 mobile X-ray units, 22 units for substitutive renal therapy.
They also plan to purchase 50 mobile intensive care unit, mobile lung ventilators, modular monitor defibrillators and transport boxes for the ambulance service.
The ordinance defines the specifics of the special account to be opened with Belinvestbank for transferring the credit funds. Separate tax and customs preferences have been established for executors of the measures stipulated by the agreement, as well as the grounds for applying such preferences.
“The agreement will make it possible to attract additional funds for a range of measures to prevent, diagnose and treat coronavirus infection, as well as to strengthen the material and technical base of healthcare institutions and improve the quality of medical care.”
The IBRD is the main lending institution of the World Bank (WB). Cooperation between Belarus and the WB is currently based on the WB Group Partnership Strategy for 2018-2022, adopted in 2018. According to the Ministry of Economy of Belarus, over the entire period of cooperation from 1992 to 2019, WB’s total investment in the Belarusian economy amounted to over $1.7 billion. Currently, the WB investment portfolio in Belarus includes eight projects totalling $843.41 million. End
Belarus registers 66,846 coronavirus cases as of Jul 24, 524 dead
MINSK, Jul 24 – PrimePress. Belarus registered 66,846 coronavirus cases as of July 24, 2020, 524 people died, the Health Ministry of Belarus reports on its official Telegram channel.
Yesterday, the ministry reported about 66,688 registered coronavirus cases and 519 coronavirus-related deaths in Belarus.
Belarus sees sharp decline in interbank credit market rates in July
MINSK, 24 Jul – PrimePress. The rates for overnight interbank loans fell sharply in July 2020 after the National Bank of Belarus (NBB) decided not to withdraw liquidity from the banking system in the period from June 30 to September 15, 2020.
According to the NBB website, the rate for interbank loans was 3.64% on July 22, 2020 against 7.87% on the last day of June.
The average rate for overnight loans in the interbank market usually most accurately reflects the cost of borrowing in the economy and is close to the refinancing rate. The refinancing rate is currently 7.75%.
The interbank credit rate in July was also much lower than the inflation rate. In June, the inflation rate in Belarus was 5.2% per annum.
The National Bank of Belarus explained the decision to suspend the withdrawal of liquidity from banks by the need to activate the interbank credit market.
It is obvious that such a decision encourages banks to lower interest rates for loans, which is exactly what Belarusian President Alexander Lukashenko insists upon.
On June 19, at a meeting on measures to support the real sector, Lukashenko said that all instruments to replenish the resource base of banks should be used: deposit auctions of the Ministry of Finance, the NBB should loosen the reserve requirements to maintain liquidity, as well as the profit of the banking system. Lukashenko demanded that the replenished resource base should be used for crediting enterprises. End
Belarus to sign lease/loan facilitation agreements to increase exports to Russia, Ukraine
MINSK, 24 Jul – PrimePress. The Government of Belarus will sign lease agreements with Russia’s Alfamobil, Gazprombank Autoleasing, Gazprombank Leasing, House of Leasing, UralBusinessLeasing, ASB RusLeasing on the terms of delivery of Belarusian goods.
The Council of Ministers of Belarus adopted a resolution to this effect on July 22, 2020.
The resolution also approves a draft agreement with Ukraine’s Privatbank on the terms and conditions of granting loans for the purchase of Belarusian goods in Ukraine.
The banks’ remuneration shall not exceed 0.02% of the amount to be compensated by the Republic of Belarus from the public budget.
Similar agreements were signed earlier with a wide range of foreign leasing companies and banks. Belarus will compensate foreign buyers at the expense of the state budget part of the leasing payments under the leasing agreements, credit interest payments will be partly compensated for, and so will be the remuneration for post-financing of letters of credit. The list of producers and goods for preferential treatment is approved by the government. End
Friday forex session: ruble down 0.17% against dollar to Br2.3898/$1
MINSK, Jul 24 – PrimePress. Following the bidding at the single forex session of the Belarusian Currency and Stock Exchange (BCSE) in the format of a continuous two-way auction, the Belarusian ruble stood at Br2.3898/$1 to the dollar on July 24, down 0.17% on the previous day of trading, says the BCSE official report.
Following the bidding at the single forex session on Friday, the ruble stood at Br2.7711/€1 to the euro, down 0.31%; at Br3.3399/RUB100 to the Russian ruble, up 0.64%.
Belarus’ average wage up 1.7% in June 2020 to Br1,248.9
MINSK, Jul 24 – PrimePress. Belarus’ average wage in nominal terms stood at 1,248.9 Belarusian rubles (Br) in June 2020, or U.S. $523.5 at the monthly average rate of the National Bank, up 1.7% month on month, the National Statistics Committee (Belstat) said in a report.
In real terms (adjusted for the increase in consumer prices), the average monthly wage grew by 9.4% year on year in June 2020.
Regionally, June’s highest average salary was Minsk City at Вr1,748.6 ($733), down 1.3% month on month; the lowest average salary in June was seen in Mogilev Oblast at Br1,033.5 ($433.2), up 4% month on month.
In June 2020, the average wage in manufacturing industries stood at Br1,262.3 ($529.1), up 3.1% month on month; construction – Br1,426.6 ($598), up 6.2%; forestry, fishery and agriculture – Br921.8 ($386.4), up 2.7%; retail trade – Br1,003 ($420.4), up 2.6%; education – Br925.2 ($387.8) up 5.2%; healthcare – Br1,245.4 ($522), up 2.7%.
To compare, the average monthly wage in Belarus’ IT industry in June 2020 stood at Br4,848 ($2,032), down 14.5% month on month; banking and finance – Br1,842 ($772.1), down 1.2%. End (Br2.3857/$1)
Belarus govt preps new programme to stimulate electricity consumption
MINSK, Jul 24 – PrimePress. The government is preparing a new programme to increase electricity consumption amid the forthcoming launch of the Belarussian nuclear power plant (BelNPP, Astravyets, Grodno Oblast). According to the press service of the government, Deputy Prime Minister of Belarus Vladimir Kukharev shared the details of the programme with reporters.
“Increasing electricity consumption is a very important issue for the country. We will have a large amount of electricity in connection with the launch of the nuclear power plant. So now a policy document is being prepared, which covers all areas and sectors to increase electricity consumption,” said Kukharev.
According to the deputy premier, the programme contains a separate chapter dealing with district heating, and heating solutions for single-family houses and summer houses.
“The programme will indicate approaches, specific terms, financing, so that in the shortest possible time each applicant could get a sufficient amount of electricity for heating their homes,” explained Kukharev.
In his words, starting next year, the authorities may choose to double the volume of housing under construction with electric heating.
BelNPP is expected to reach its design capacity in 2023. It will produce 18.5 billion kWh of electricity per year, which will account for 42.8% of the country’s (gross) electricity consumption, which is expected at 43.2 billion kWh by that time. Electricity consumption in Belarus in 2019 amounted to 37.926 billion kWh and was fully covered by the country’s own electricity production. Thus, Belarus will have a lot of surplus electric power after the BelNPP launch. End
Belarus plans to build twice as much rental housing in 2021
MINSK, Jul 24 – PrimePress. The volume of rental housing construction in Belarus will double year on year in 2021 from 135 thousand square metres to 270 thousand square metres, Head of Housing Policy at the Ministry of Architecture and Construction Alexander Avramenko told reporters on July 24.
“This year’s rental housing fund accounts for 3.4% of the total housing construction volume across the country. This is certainly not enough, especially since the demand for these apartments is high. For example, in Minsk City there are 150-200 people per rental apartment,” the official said.
He said that in the future it is planned to build rental housing not only at the expense of the state budget, as it has been so far, but also at the expense of enterprises of various forms of ownership, there is a legislative basis for this.
Avramenko also said that in 2021 they plan to increase the construction of houses with a maximum use of electricity. End
Proposal to resume regular air service: Belarus Transport Ministry gets no response from Russian aviation authorities
MINSK, Jul 24 – PrimePress. Russia has not yet responded by agreeing to the proposal of the Department of Aviation of the Ministry of Transport and Communications of Belarus to resume regular air services, says the press service of the Ministry of Transport.
Russian Deputy Prime Minister Tatyana Golikova said July 24 that Russia would resume air service with the UK, Turkey and Tanzania from August 1.
In the context of the pandemic, a number of countries have taken quarantine measures and closed their borders to foreigners, and regular air and rail traffic has been suspended. Recently, traffic between different countries has been gradually resuming as the situation with the coronavirus has improved. End
Cigarette producers and importers chose not to raise cigarette prices Aug 1
MINSK, Jul 24 – PrimePress. Belarus’ producers and importers of cigarettes will not raise prices for certain types of cigarettes from August 1, 2020, the prices will remain at the level established on July 1, 2020. This follows from information on the maximum retail prices for filtertip cigarettes announced by excise tax payers, posted on the website of the Ministry of Taxes and Duties of Belarus.
Manufacturers have announced prices for cigarettes, which will be on sale in July 2020. The price of the Monte Carlo Evo Ruby Impulse brand cigarettes is set at Br2.4 Bel Bel ($1 at the rate of the National Bank of Belarus) per pack, while the price of Dove MENTHOL SLIM cigarettes – Br1.6 Bel ($0.67).
Cigarette prices were announced by three manufacturers–GTF Neman OJSC, Tabak Invest LLC and Inter Tobacco LLC–and two importers–Belarustorg state-owned enterprise and Energo Oil CJSC. Prices were raised by GTF Neman OJSC, Tabak Invest LLC and Belarustorg.
As reported, Belarus raised prices of some sorts of cigarettes on July 1, 2020 by 1.3-4.3%. End (Br2.3857/$1)
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Doylestown's County Theater going digital
by Bill Reed, Inquirer Staff Writer, Posted: July 11, 2012
John Toner, executive director of Doylestown’s County Theater, with a reel of 35 mm film and a hard drive with a full-length digital movie. BILL REED / Staff
For Doylestown's County Theater, like most of the 5,700 movie theaters around the country, it's a black-or-white, open-and-shut proposition.
It can stick with 35 mm projectors, a technology that has barely changed in 75 years, and ultimately be phased out of business. Or it can take the leap into the digital age, embracing the biggest advance since "talkies."
"The primary issue isn't improved quality," theater executive director John David Toner said last week. "If we don't have the digital equipment, we won't be able to show the films we have in the past. And if we can't show those films, we can't stay open."
Thanks to a fund-raising campaign that reaped $310,000, the two-screen, 275-seat theater will officially launch its Digital Cinema Projection systems Thursday, showing Moonrise Kingdom with Bruce Willis and Woody Allen's To Rome With Love.
The fully computerized systems have been running "in previews" for two weeks without most viewers realizing it, Toner said. There has been a good reaction from people who know about the equipment, such as members of the board of directors.
"It's like switching from regular TV to high-definition TV," he said. "You know you're looking at a really nice picture, but it doesn't hit you till you go back and look at regular TV."
Digital movies have "brighter, crisper, cleaner images" than 35 mm films, Toner said. The format is "more stable, it doesn't get scratches, it doesn't bob up and down."
Theaters have been converting to high-definition digital projectors since 2009, when they were needed to show James Cameron's 3D blockbuster, Avatar. About 60 percent, including the majority of the large chain theaters, have made the switch, as the industry aims to discontinue production of 35 mm films next year.
The reason is money. A digital movie - copied on a hard drive that is slightly larger than a VCR tape - costs about $150 to produce and ship, compared with about $1,500 for six to eight reels of 35 mm film.
But the conversion is expensive for theaters - about $110,000 per screen - threatening smaller movie houses. The National Association of Theatre Owners estimates that 20 percent of theaters in North America, representing up to 10,000 screens, will not convert and will probably close.
The County Theater, which shows first-run, art, independent, and foreign films, is "ahead of the curve" for small theaters, Toner said. Its 4,100 members and other supporters responded to a Digital Cinema Challenge by surpassing the $200,000 goal for a minimal conversion.
The additional $110,000 paid for a full conversion, including 3D in one auditorium, projectors with capacity for 4,000 lines of resolution (2,000 lines is the current standard), new screens, and other equipment.
In addition to the theater on East State Street with its distinctive art deco features, Toner runs the Ambler Theater, which is on track to make the digital conversion by the end of the year. More than $240,000 has been raised, with a goal of $300,000 for the three-screen, 520-seat theater on East Butler Avenue.
In lower Bucks County, the historic Newtown Theater isn't nearly so far along, collecting $12,500 of its $100,000 goal. But the single-screen, 353-seat theater will have a digital projector by the end of the year, general manager Eric Silverman said, "if I have to stand in the street with a jar, collecting money."
John Toner, executive director of the County Theater in Doylestown, discusses conversion from 35 mm projectors to digital computer systems at www.philly.com/countytheaterEndText
Contact Bill Reed at 215-801-2964 or wreed@philly.com, or follow on Twitter @breedbucks. Read his blog, "BucksInq," at www.philly.com/bucksinq.
Bill Reed, Inquirer Staff Writer
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Home > Publications > Editorials > L'Afrique en questions > Saudi Arabia’s Policy in Africa : Vectors and Objectives
Editorials L'Afrique en questions
Benjamin AUGE
Saudi Arabia’s Policy in Africa : Vectors and Objectives L'Afrique en questions, n°52, 6 February 2020
Until recently, Saudi Arabia was the country out of the Gulf countries that had the greatest number of diplomatic missions in Africa (27[1]).
Although it is now outstripped by Qatar, which has been striving since the beginning of the Emirati-Saudi embargo that started in June 2017 to open a large number of diplomatic posts in Africa. The Saudi diplomatic network was formerly established in predominantly Muslim states (in the Maghreb, West Africa and in the Horn of Africa) and in South Africa. The kingdom can mainly rely on experienced diplomats, who have maintained a presence in Africa since the 1970s, boosted after the 1979 Iranian Islamic Revolution and the desire to prevent a spread of Shiism on the continent. Nowadays, Saudi Arabia is also clearly involved in Africa as elsewhere, to counter the influence of its Qatari neighbor.[2]
Diplomatic activism and relative military absence
The new post of Secretary of State for African Affairs of the kingdom was assigned in early 2018 to the former ambassador to Egypt, Ahmed Abdul Aziz Kattan,[3] now responsible for coordinating Saudi diplomatic efforts on the continent. Since early 2018, Kattan has hosted a large number of African ministers and presidents in Riyadh and has made very regular visits to the continent. He helped with the peace agreement between Ethiopia and Eritrea. The list of his contacts is an indication of Saudi Arabia’s current geographical priorities in Africa: the Sahel and the Horn of Africa. Kattan visited Mauritania to attend a G5-Sahel meeting. The Secretary of State visited Algeria with Crown Prince Mohammad bin Salman Al-Saud (MBS) in December 2018 mainly to discuss the situation in the Sahel.
Kattan continued to monitor these two issues, which France, in the case of the G5-Sahel,[4] and the United Arab Emirates (UAE), for the Horn, need funds and/or Saudi Arabia’s political influence for. In 2019, the Sudanese issue gradually emerged as a priority. Protests in April 2019 removed President Omar Al-Bashir, who had been in power for 30 years, and Saudi Arabia and its Emirati ally tried to influence the transition with the help of the number two of the self-proclaimed body in charge of transition, the Transition Military Council (TMC), Mohamed Hamdan Daglo known as Hemiti[5]. The latter traveled to Arabia several times, particularly to perform the hajj in July 2019. He took the opportunity to obtain guarantees from Riyadh regarding his political support. Similarly, after the formation of the civilian government in Sudan in August 2019, Abdel Fattah Al-Burhan, the former head of the TMC and Prime Minister Abdallah Hamdok, chosen by the Alliance for Freedom and Change (the civil society group that brought down Bashir) went to Riyadh at the beginning of October.
Secretary of State Kattan can rely on a network of experienced Saudi diplomats. The ambassador to Sudan since 2018 – and since October 2018 to South Sudan – Ali bin Hassan Jafar was previously ambassador to Russia (2008-2015). In Morocco, it is the former Director of Protocol to Crown Prince Mohammad bin Salman, Abdellah bin Saad Al-Ghariri, who was chosen as ambassador in 2018.
Militarily wise, Saudi Arabia remains relatively absent in Africa. Even in the field in Libya, it settles for supporting General Khalifa Haftar politically, who MBS receives regularly, without supplying equipment to him unlike the UAE. It also prefers to commit to funding the G5-Sahel, rather than cooperating operationally with the organization.
Still modest economic investments
Saudi Arabia’s economic investments in Africa are still in the early stages. Some state giants, like the chemical company SABIC – which is 70% owned by the state via Saudi Amarco – have been opening offices or subsidiaries in Morocco, Tunisia and in South Africa[6] for a decade with results that are still difficult to assess. As for Saudi Aramco, it has almost never invested in Africa, unlike Qatar Petroleum or Kufpec (Kuwait). In order to counterbalance Iranian influence in South Africa, the now former Saudi Minister of Petroleum, Khalid Al-Falih, promised to build a giant 300,000 barrel per day refinery (half of South Africa’s needs) by 2028. The chances of realizing such a refinery project in South Africa however seem very slim as the financial stakes are high, more than $10 billion.[7] In the armaments industry, Saudi Arabian Military Industries (SAMI) wanted to invest a billion dollars in the South African Denel group in 2018,[8] a project that is still unfinished today. The Saudi private company, Acwa Power, invested in solar power stations in South Africa (Bokpoort and Redstone, as well as a coal one in Khanyisa), and in Morocco (Noor I, II and III and Ouarzazate) and in Egypt (solar with Benban). Attempts in other sub-Saharan countries, like Senegal have been unsuccessful.
Saud Arabia also wanted to invest in agriculture in Africa by acquiring arable land. This strategy was mainly materialized via the Saudi-Ethiopian billionaire, Mohammad Al-Amoudi’s company Saudi Star Agriculture Development PLC. The latter acquired a concession focusing on 10,000 hectares in the Gambela region of Ethiopia. The King Abdullah Initiative for Saudi Agricultural Investment Abroad, launched in 2008, to meet the kingdom's food needs promised to invest in Africa by purchasing millions of hectares. However, ultimately, relatively few concrete purchases were realized on the continent.[9]
Saudi Arabia’s role in international organizations
Another vector of influence for Saudi Arabia: funds granted in the form of loans or grants by the Saudi Fund for Development (SFD). Since its foundation in 1975, the SFD has contributed largely to Africa (52% of the amount paid out), or seven billion dollars. On current projects – targeting a variety of sectors from electricity to roads, water supply, education, healthcare, etc. – the SFD has spent 4.2 billion euros in Africa. Out of this amount, more than 60% involves the Maghreb (40% for Egypt alone). Another country stands out in terms of aid: Djibouti. This receives 1/5th of the total of loans allocated to East Africa.[10] Djibouti also receives three times more than Ethiopia and twice as much as Kenya. In West Africa (18 countries according to the SFD's list – which Somalia and Gabon are curiously part of), more than a quarter of the outstanding amount relates solely to Mauritania. The latter has been one of the pillars of Saudi Arabia’s African policy for a long time, especially as the severance of diplomatic relations with Doha by Nouakchott has only reinforced this tropism. Senegal is the second recipient in the West African area, with almost half of the credits.
In addition to the SFD, Saudi Arabia can count on its significant influence in the Islamic Development Bank (IsDB), whose headquarters are in Jeddah. $130 billion has been out paid out since the IsDB was founded in 1973. Although, this now has 57-member country shareholders, Riyadh retains a very specific influence by holding 23.5% of the capital. Africa currently receives 23% of the funds granted by the IsDB. The main African countries involved are Senegal (9% of total IsDB funds worldwide), Egypt (5.9%) and Morocco (4.9%[11]).
Saudi Arabia can also count on its influence within the Organization of Petroleum Exporting Countries (OPEC), which now includes seven African countries (Algeria, Libya, Nigeria, Angola, Congo, Gabon and Equatorial Guinea) as members, out of a total of fourteen. Congo and Equatorial Guinea joined in the last two years with the hope of attracting Gulf funds, particularly Saudi, to their economies in crisis.
Islam as a vector of influence
The presence of the Holy Sites of Islam in Mecca and Medina and the arrival of millions of pilgrims each year for the hajj is not only a significant windfall – estimated to be $ 8 billion annually[12] – but also confers a strong symbolic and political advantage on Saudi Arabia. The latter issues quotas to all countries in the world for the pilgrimage. However, the variation in the number of visas issued is an effective lever of pressure that Riyadh has to make some countries bend, as part of its diplomacy.[13] The pilgrimage also enables many political leaders from the Muslim world to come and meet members of the royal family and government each year. The universities of Islamic studies are another key vector of Saudi Arabia’s influence through the religious sphere. The Islamic University of Medina, the Umm Al-Qura University in Mecca, and Imam Muhammad ibn Saud Islamic University in Riyadh[14] have been training thousands of imams and ulamas through scholarships since the 1970s. The latter, once they have returned home, not only practice Wahhabi Islam in mosques that are often built with money from Riyadh, but also have a strong attachment to the Kingdom that trained them. Nowadays, this clergy that has been molded for three decades in these universities, occupies the highest religious positions in Africa and has some influence over their country’s political authorities.
Multiple Saudi charities also make donations to African countries, indirectly increasing the Wahhabi kingdom’s influence. This is the case, for example, of the King Faisal Foundation, 43 of whose 197 projects are targeted at Africa. Additionally, billionaires from the royal family, like Alwaleed bin Talal Al-Saud fund aid programs to the tune of millions of dollars, much of which goes to Africa.
Saudi Arabia has put a policy in place linking diplomacy, financial aid and the politicization of Islam in order to have influence in Africa. Although, its objectives have not always been achieved (apart from Egypt, no major African power has taken a stand against Qatar – Nigeria, Morocco, Algeria and South Africa have refrained), however, it has built a solid network of alliances, particularly in the Sahel and the Horn of Africa. It is mainly through official state channels that Riyadh’s power in Africa is deployed, since the private sector's economic initiatives are still very modest. The men in the background and other intermediaries, although they obviously exist, are not the kingdom’s main vector for African policy which can count on an experienced administration. Saudi Arabia does not seem to consider Africa as a projection area for its economy. Its investments there still remain undisclosed compared to donations and partnerships operating with money from the zakat (alms-giving).
[1]) To consult the list of Saudi missions in Africa, see the Ministry of Foreign Affairs’ website, available at: www.mofa.gov.sa.
[2]. B. Augé, “Un an après le début du blocus saoudo-émirati contre le Qatar. Quelles conséquences pour l’Afrique de l’Ouest?” [A Year after the Start of the Saudi-Emirati Blockade against Qatar. What Are the Consequences for West Africa?], L’Afrique en questions, No. 42, Ifri, October 2018, available at: www.ifri.org.
[3]. Kattan has a long career in Saudi diplomacy behind him. Posted to the United States for 21 years where he spent three years as deputy to the powerful Saudi ambassador Bandar bin Sultan bin Abdelaziz Al-Saud (1983-2005). After returning to Saudi Arabia, he was appointed ambassador to Egypt from 2011 to 2018, where he also represented his country at the Arab League.
[4]. Most of the funds are theoretically intended for the purchase of French military equipment for G5-Sahel member armies.
[5]. Omar Al-Bashir did not get involved in isolating Qatar in June 2017, despite Saudi and Emirati pressure. The Muslim Brotherhood movement, very present in the Sudanese state apparatus, is indeed mainly supported by Doha.
[6]. “Saudi Basic Industries Corp”, Maghreb Confidentiel, No. 950, December 2010.
[7]. W. Roelf, “South Africa Sees New Saudi-Backed $10 Bln Refinery Onstream by 2028”, Reuters, November 2019, available at: fr.reuters.com.
[8]. J. Bavier and A. Winning, “Saudi Makes $1 Billion Bid for Partnership With South Africa Defense Group Denel”, Reuters, November 2018, available at: www.reuters.com.
[9]. A. Gascon, “À l’Ouest du nouveau. La ruée vers les terres ‘vierges’ périphériques en Éthiopie”, Bulletin de l’Association de Géographes Français, No. 3, 2012, pp. 464-473, available at: www.persee.fr.
[10]. The SFD has a very broad definition of East Africa including 17 countries ranging from Seychelles to Zambia, Comoros to Madagascar.
[11]. Figures available on the “Islamic Development Bank (‘IsDB’) Investor Presentation”, Islamic Development Bank, November 2019, available at: www.isdb.org.
[12]. P. Cochrane, “The Economics of the Hadj”, ACCA, July 2018, available at: www.accaglobal.com.
[13]. B. Augé, “Quand l’Arabie Saoudite somme l’Afrique de lâcher le Qatar”, Le Monde, June 2017, available at: www.lemonde.fr.
[14]. K. Al-Shaya, “Who Are the Foreign Students Enrolled at Saudi Universities?”, Raseef22, May 2017, available at: raseef22.com.
Saudi Arabia's policy in Africa : vectors and objectives
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We Don’t Want a Public Option — We Want Medicare for All
Tim Higginbotham
Medicare for All threatens top Democratic donors' interests, so Democrats offer the public option as a watered-down compromise.
Molly Adams / Flickr
Bernie Sanders sealed Medicare for All’s place in the popular imagination with his 2016 presidential run. Ever since, its popularity has continued to grow: multiple recent polls show that 70 percent of Americans support the single-payer policy, which would cover all American residents through a comprehensive, national insurance plan.
This is bad news for establishment Democrats, who have a vested interest in maintaining the market-based system we have today. In an attempt to counter Medicare for All, they’ve rallied around a less radical approach that will preserve the private insurance industry and keep their donors happy — the “public option.”
The public option is a pretty self-explanatory idea: basically, the government would allow people to “buy in” to public health insurance, whether that be through Medicare, Medicaid, or a public plan on the Affordable Care Act market. Proponents of the public option love to argue that people are happy with their private plans, and that what they really want is — in the words of Tim Kaine — “more choices, not less.”
This is a dishonest reading of public opinion. While polling shows that as many as 71 percent of workers say they are “satisfied” with their employer-sponsored insurance — this is in a country where the alternative is having no insurance at all. In reality, nearly everyone is anxious about healthcare coverage and in search of healthcare security.
The Medicare for All bills in the House and Senate would provide us with that security by guaranteeing equal, comprehensive coverage to all American residents through a single, public program. Public option plans, on the other hand, would compete against private insurers in our current broken, market-based system, ultimately perpetuating the unequal coverage, underinsurance, and prohibitive out-of-pocket costs we see today.
It’s no mystery why top Democrats are scared of Medicare for All. Its massive popularity among their voters puts them in an awkward position with their donors. By crowding the field with half-measures, they thus hope to confuse the debate and allow themselves wiggle room to maintain their cozy relationships with insurance industry executives.
Beyond the shady reasons for its existence as a legislative proposal, the public option is simply bad policy. Unlike single-payer, the public option won’t get rid of out-of-pocket costs; it won’t give us freedom of choice in doctor and hospital; and it won’t divorce healthcare from employment, leaving millions tied to jobs they hate just so they can keep their insurance.
But here’s the key thing — it won’t be universal.
The greatest political strength of single-payer is its universal coverage. By covering every American and eliminating private alternatives, single-payer carries a massive built-in constituency. This means that, like social security, once it’s in place it’s going to be very difficult to erase.
The public option has no such political guarantees. By adding some people to a public plan while leaving millions under private insurance, the public option would carve up the constituency it would need in order to remain politically viable. Fragmented approaches to healthcare breed envy, resentment, and scapegoating. On the other hand, universal approaches engender solidarity.
If we want health reform that survives non-stop attempts to dismantle it, everyone needs to benefit from the legislation. This way, everyone has a stake in guaranteeing its continued existence. It’s why our motto has always been everybody in, nobody out.
As Medicare for All becomes increasingly viable, our main fight as advocates is to prevent it from being watered down into — or outright replaced by — a public option plan. This is no easy task, given that we’re up against the entire democratic establishment while also dealing with nonstop right-wing attacks. But we have to remain vigilant. Healthcare will never be truly universal until we eliminate financial barriers to care and cover everyone with a single, public program. The public option isn’t going to get us there.
Republished from Democratic Socialists of America Medicare for All blog .
Tim Higginbotham is an organizer with Democratic Socialists of America’s Medicare for All campaign. He lives in Anchorage, Alaska.
Public Option
Bernie Sanders sealed Medicare for All’s place in the popular imagination with his 2016 presidential run. Ever since, its popularity has continued to grow: multiple recent polls show that 70 percent of Americans support the single-payer policy, which would cover all American residents through a comprehensive, national insurance plan. This is bad news for establishment Democrats, who have […]
There Is Nothing Confusing About Medicare for All
Medicare for All and Free College Tuition Are Wildly Popular Policies
Down With the Copay
Natalie Shure
Democrats Against Single Payer
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Federal Circuit Going En Banc on IPR Standards for Amending
The Federal Circuit has granted rehearing en banc in In re Aqua Products, Inc. to address two issues related to amending claims in inter partes review proceedings before the Patent Trial and Appeal Board:
(a) When the patent owner moves to amend its claims under 35 U.S.C. § 316(d), may the PTO require the patent owner to bear the burden of persuasion, or a burden of production, regarding patentability of the amended claims as a condition of allowing them? Which burdens are permitted under 35 U.S.C. § 316(e)?
(b) When the petitioner does not challenge the patentability of a proposed amended claim, or the Board thinks the challenge is inadequate, may the Board sua sponte raise patentability challenges to such a claim? If so, where would the burden of persuasion, or a burden of production, lie?
The panel had upheld the Patent Office’s regulations that place the burden of proof on the patentee, citing prior decisions in Microsoft Corp. v. Proxyconn, Inc., 789 F.3d 1292, 1307-08 (Fed. Cir. 2015), Prolitec, Inc. v. ScentAir Techs., Inc., 807 F.3d 1353, 1363 (Fed. Cir. 2015), and Nike, Inc. v. Adidas AG, 812 F.3d 1326, 1333−34 (Fed. Cir. 2016), which had determined that the PTO’s regulations are consistent with the statutory framework.
The en banc court set the oral argument date for December 9, 2016, with briefing to occur in October and November.
The Federal Circuit’s en banc order can be accessed here, and the panel’s prior decision is published at 823 F.3d 1369 and available here.
Aqua Products En Banc Hearing Reveals Further Administrative Law Issues
Biogen Dodges IPR Bullet on Key Tysabri® Patents
Apotex Takes Aim at Amgen Patent in IPR Petition After Being Sued Under the BPCIA
Federal Circuit Explains Burden Shifting in IPRs
IPR Petitions in BioPharma Grow in Popularity
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Prolitec, Inc. v. Scentair Techs., Inc. , 807 F.3d 1353 (Fed. Cir. 2015)
Microsoft Corp. v. Proxyconn, Inc. , 789 F.3d 1292 (Fed. Cir. 2015)
In re Aqua Prods., Inc. , 823 F.3d 1369 (Fed. Cir. 2016)
Nike, Inc. v. Adidas AG , 812 F.3d 1326 (Fed. Cir. 2016)
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Japanese space agency receives Guinness World Record
Thursday, 16th June 2011
The Hayabusa probe, launched by Japan's space agency last summer, has been recognised with an award from Guinness World Records.
According to the award from the records organisation, the unmanned spacecraft - launched by the Japan Aerospace Exploration Agency (JAXA) - is the first to return to Earth having collected material from an asteroid.
The citation on the award noted that is was given because the probe "landed on Earth with its precious cargo of tiny grains of material collected from the surface of the asteroid Itokawa".
In addition to this, the Guinness World Records corporation recognised that the Hayabusa probe (which translates literally as peregrine falcon) is the first spacecraft ever to take-off from an asteroid.
JAXA's Hayabusa probe was launched on May 9th 2003 and returned to Earth on Monday (June 13th). The spacecraft landed on the catchily-named asteroid 25143 Itokawa, which is one of the Apollo asteroids discovered by Karl Wilhelm Reinmuth.
Written by Susan Ballion
Bon dance Guinness world record attempt to be held in August (10th June 2015)
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Share this Story: Part 1: Local sports year in review
Part 1: Local sports year in review
Paul Svoboda
The following is Part 1 of The Intelligencer's 2014 Year in Review, featuring some of the major highlights from local sports in the past 12 months. Today, we look back at January, February and March:
• JANUARY
-- It was announced that Canada’s 50th national motorcycle road racing series would open at Shannonville Motorsport Park, June 6-8.
-- Mike Renzi, a former Belleville Bulls OHL All-Star, married Cristina Di Bernardo at centre ice at Yardmen Arena.
-- Centennial Secondary School graduate and Stirling native Pat Tracey signed with the Winnipeg Blue Bombers as special teams co-ordinator following an extensive playing and coaching career in CIS football.
-- P.K. Subban, one of the most spectacular blueliners in Belleville Bulls history, was selected for Team Canada at the 2014 Winter Olympic hockey tournament in Sochi, Russia.
-- Wellington Dukes forward and Campbellford native Joe McKeown, of Campbellford, signed a letter of intent with Bowling Green (Ohio) University to play varsity hockey for the Falcons starting in 2015-16.
-- Centennial Secondary School football player Damon Fair was chosen to play for U17 Team Ontario at the 2014 International Bowl, Feb. 1-8 in Arlington, TX.
-- Charlie Coupland and Kurtis Wright of the Quinte Blades Speedskating Club qualified for the national long track championships in Quebec City.
-- Four Belleville athletes were chosen to represent Canada at the U19 women’s world floorball championships, April 30-May 4 in Poland — C.J. Tipping, Hannah Wilson, Raven Tabobandung and Ashley Boulter.
• FEBRUARY
-- Loyalist Lancer second-year guard, Jordan Marlowe, won OCAA Men's Basketball Player of the Week honours after draining 24 points in a 93-64 win over the Kingston St. Lawrence Vikings.
-- Belleville’s Katelyn Cairns advanced to the Eastern Canadian championships in Windsor, along with Stephanie Cairns and Melissa Dingle — all of the Belleville Youth Swim Team.
-- Hunter Fargey was chosen to play for U20 Team Canada at the world junior ball hockey championships, June 22-29 in Budapest.
-- Chris Perry was identified as among the top Army Cadet marksmen in Canada during a national competition in Ottawa.
-- Fifteen-year-old Kayla MacMillan of Belleville skipped the Huntley C.C. rink of Ottawa to the Ontario bantam girls curling title in Coldwater.
-- Gord Smith died after a lengthy fight with cancer. He was 73. A member of the Belleville Sports Hall of Fame, Smith coached various local high school basketball and football teams to at least 20 championships during his more than four-decade Bay of Quinte tenure. He also officiated in Vanier Cup CIS football championship games.
-- Belleville won a bid to host the Barbarian Cup Ontario junior high school rugby championships, marking the first time in the 52-year history of the event that it would leave the GTA. The event was scheduled for June.
-- The St. Theresa Titans were perfect at the COSSA AA girls hockey finals at the QSC where they won two games, scored four times and allowed zero goals. At OFSAA, they lost in the semi-finals.
-- Hanna Bunton, a graduate of St. Theresa Secondary School and the Belleville Bearcats, was named the Ivy League women's hockey Rookie of the Year after finishing first among all freshman scorers with nine points in 10 games, second in freshmen scoring in the ECAC, plus fifth overall for Cornell with 7-11-18 totals in 29 contests — including three game-winning goals.
-- The Moira Trojans won their fifth consecutive COSSA boys curling title. Team members were Daniel Meeks, skip; Alexander Mackenzie, vice; Nicolai Mackenzie, second; Benjamin Hewitt, lead; and Cameron Wilson, alternate.
-- Medigas Driving Our Dreams For Youth health sciences scholarship winners for 2014 were Emily Puumala (CSS), Tabitha McGuire (MSS), McKenzie Hawker (QSS), Caitlin Gillie (NCC), Shannon Bush (BSS), Taylor Bardell (STSS) and Aidrian Ranjith (AC). Funds for the bursaries were raised through the annual Medigas Charity Golf Tournament.
-- Becky Moynes, of Ameliasburgh, turned in a Canadian record of 2,810 in tricks to make the semi-final round at the 2014 world barefoot waterski championships in Australia.
-- The Belleville McFarlands marked the 55th anniversary of their 1959 IIHF world hockey championship in Prague. Fifty-five years ago, the Macs clinched the world title with a 3-1 win over the Soviet Union.
-- The Duvanco Homes Quinte major bantam Red Devils beat the York-Simcoe Express 3-0 to capture the OMHA AAA championship in Bradford.
-- Quinte Judo Club’s Michelle Currie won a gold medal at the Edmonton International Championships.
-- Belleville native Kevin Bailie, backstopping the Queen's Golden Gaels, won the OUA East MVP award, OUA East top goaltender award and Rookie of the Year laurels. He also made the First All-Star Team and All-Rookie Team. He became the first Queen’s player to win the Clare Drake Award since its inception in 1986.
-- Basketball standouts Patrick Kalala and Mikayla Brennan were named Loyalist College’s male and female Athletes of the Year.
-- Reigning Strongest Man in Ontario, Ben Ruckstuhl, of Quinte West, became the first-ever Canadian to medal — third in a field of 60 — at the prestigious Arnold Sports Festival World Amateur Strongman Championships in Columbus, OH.
-- Centennial Secondary School graduate Matt Mullins scored his first international try as the Canadian U20 men’s rugby team ended a 12-day tour of England with a 35-10 victory over Leeds Carnegie Academy.
-- Former two-time Belleville Athlete of the Year, Brian Price, retired from the sport of rowing. He coxed Canada's men's 8 at three Olympics, winning a gold medal in 2008 in Beijing.
-- Marysville native Darcy Murphy led the NCAA Div 1 Colgate Red Raiders men's hockey team in goals (19) and a plus-10 rating.
-- The Lakefield Chiefs scored a 3-2 O.T. win over the
defending provincial champion Picton Pirates in the seventh and deciding game of their Schmalz Cup OHA Jr. C quarterfinal playoff series.
Part 1: Local sports year in review Back to video
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Homophobia’s Role in Torture at Abu Ghraib
The old adage that a picture says more than a thousand words holds true in the recent release of a barrage of photos depicting the mistreatment of Iraqi detainees at Abu Ghraib, one of the most notorious prisons in the world.
And while top administrators in the Defense Department prefer to excuse this as an anomaly — due to lack of training, and a problem contained solely within the 800th Military Police Brigade — these lurid and sadistic photos of Iraqi detainees in compromising positions are snapshot moments of a pervasive and systemic problem. The U.S. has historically had, and continues to have, a problem in understanding how to humanely treat the “other” with dignity, whether in captivity or not.
The photos taken in those moments at Abu Ghraib also show the U.S.’s continued employment of sexual violence — both intentionally misogynistic and homophobic — to defile, humiliate, or, in military terms, “break the will” of its enemies.
The sexual content of many of the abuses, with women in the photos as the perpetrators, send the wrong message to its viewers about how gender and power in the military can be perceived as a non-issue.
And images of the woman dubbed now as Iraqi’s “queen of mean,” Army Private First Class (Pfc.) Lynndie England, shown in several disturbing photos assaulting prisoners on several occasions, will be indelibly etched in the historical memory of this invasion. In a sadomasochistic scene, we see England in a photo as a dominatrix holding a dog leash that encircles the neck of a naked detainee lying on his side on a cellblock floor.
In another image, Pfc. England and her boyfriend, Specialist (Spc.) Charles Graner, are smiling for the camera and giving thumbs-up behind several hooded naked Iraqi men clumsily piled in a pyramid.
And in another, England, with a cigarette dangling from her mouth, is giving the thumbs-up as she leans forward and points at the genitals of a naked detainee with a sandbag over his head being forced to masturbate in front of her.
With news of this abuse sending shock waves around the world, the photos of England and other women, like Spc. Sabrina Harman and Spc. Megan Ambuhl, apparently at the helm of it was disturbing.
“I was told to stand there, point thumbs up, look at the camera, take the picture. . . They just told us, ‘Hey, you’re doing great, keep it up,’” England told Denver television station KCNC-TV.
Women as visible symbols of abuse in this scandal points to not only how the military prison system used women to shame Muslim men and send shock waves throughout the Islamic world, but how the military system also uses women to show that they are just like the men in their abuse of power.
However, could England and the other women say no to a chain of command that could not only dishonorably discharge them but also subject them to the same type of sexual violence exacted on the Iraqi detainees. The threat of sexual violence against women serving in the military is ever-present, whether they are captured by their enemies or in the company of their fellow male soldiers.
The sexual nature of many of the acts being homosexual, and therefore transgressive and disgusting among Iraqi men, clearly points to the homophobia in Islamic law.
But it also points to the U.S. military’s employment of forced homosexual acts — real or simulated — on its prisoners to control, torture and interrogate them. U.S. soldiers know that the way to degrade Arab men is to force them to engage in homosexual acts, which is against Islamic law, as it is for Islamic men to be nude in front of each other.
Bernal Haykel, professor of Middle Eastern studies at New York University, explained to The New Yorker that “Being put on top of each other and forced to masturbate, being naked in front of each other — it’s all a form of torture.”
The photo of an unhooded detainee kneeling with his mouth open to give the impression that he is performing oral sex on another detainee is done to not only humiliate the men but also to cast gay sex as reprehensible and as a form of twisted entertainment.
And it is not only an insult to all the lesbian, gay, bisexual and transgender service people in Iraqi, but it is also a reminder of how unsafe it is for them to be with their fellow service men.
In an op-ed piece in The Atlanta-Journal Constitution, Patrick Moore, author of Beyond Shame: Reclaiming the Abandoned History of Radical Gay Sexuality, wrote:
Witnessing one’s very identity being utilized as an extreme form of torture that has evoked worldwide rage is a degrading experience for those of us living in the supposedly more enlightened Western World. For the closeted gay men and lesbians serving in the military, it must evoke deep shame. Gay men should be at the forefront of outraged protesting against these war crimes, as we all will ultimately pay the price for our sexuality being further stigmatized.
It is too easy, simplistic and morally irresponsible to lapse into historical amnesia about the military’s treatment of women and LGBT people.
While it shocks and awes us all to see our young men and women implicated in horrific acts of sexual abuse, let us remember that they are weaned in a military culture that breeds it.
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Emmanuel Medina Henríquez
Exclusive IR advisor for Accounting Services in Ecuador since 2019
Accounting Services in Ecuador
Emmanuel Medina HenríquezPartner, ROSS Auditores y Consultores
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ROSS is a national audit firm comprised of accountants, auditors and lawyers - all with extensive professional experience servicing many of the different sectors of the Ecuadorian economy. We have the very highest standards, and our reputation for excellence and integrity is our most valuable asset.
For over 15 years, our partners and managers have been offering complete and precise auditing and consulting services to our clients. Our management culture and therefore our performance is based on our four pillars of Order, Accuracy, Knowledge, and Experience.
Mr. Medina is the general manager of ROSS Auditores y Consultores. He is a CPA who began his professional career in Maracay, Venezuela, first at Bravo Peraza & Associates, Public Accountants, then later as the General Manager of Auditing at Bravo Bastidas & Associates, Public Accountants. He has also held important management positions in other fields: he was the General Manager of Finance for a transportation company, he was also appointed as a general manager for over eight years in the manufacturing and broadcasting industries. Mr. Medina has also served as the Audit Board Coordinator of the Association of Public Accountants in Aragua, Venezuela.
Besides being a certified public accountant, Mr. Medina has a Master's Degree in Accounting Sciences from the University of Carabobo, Venezuela. He is also an expert in matters related to IFRS and IAS, and is an experienced speaker on both of these subjects. Mr. Medina is also in the process of completing his doctoral thesis for the Doctorate Program in Administrative and Management Sciences at the University of Carabobo, Venezuela.
Mr. Medina is currently an Accounting professor at the University of Guayaquil, Ecuador. Previously, he held multiple positions in many learning institutions: he was an Auditing professor at the University of Carabobo, Venezuela and at the Bicentenaria University of Aragua, Venezuela; he was also an Accounting professor at the Extension and Technical Advisory Center for Businesses of the University of Carabobo, Venezuela. At this university, Mr. Medina was recognized as the best professor in matters related to IFRS. He has also been a speaker on professional issues at ESPOL, University of Guayaquil, Association of Accountants in Guayas, Association of Commercial Engineers of Guayas, and at the Institute of Accounting Research of Ecuador. In 2015, Mr. Medina received the Honorific Order of the Public Accountants awarded by the Venezuelan Federation of Public Accountants.
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Josef Jakobs - 1898-1941
The story behind the last person executed in the Tower of London.
R.A.F. Short - Travel Clerk and Interrogator at Camp 020 during 1941
By Giselle Jakobs - April 10, 2015
In researching the lives of the Camp 020 interrogators, it has become abundantly clear that few of them were chosen for their prior experience with interrogation or intelligence work. They were drawn from the ranks of diplomats, tailors, former soldiers, dentists, historians and even travel agents.
In his history of Camp 020, Stephens touched on the qualities of a good interrogator: "Obviously a man of experience is required, essentially a man of common sense. If he has traveled, so much the better. If too he has seen war, lost much, that is an advantage. The wider the range of his interests the better.... So much depends upon personality, upon mood, upon the man who can impress or cajole, blow hot blow cold, stand down at the psychological moment, without jealousy, in favour of another officer." Stephens had quite a motley crew of interrogators at his command in Camp 020, but such variety meant that the right interrogator could be chosen to match the character of each spy. One of those interrogators was Lieutenant Roland Alfred Frederick Short.
Lt. Roland Alfred Frederick Short
(Imperial War Museum HU66578)
Unlike many of his fellow interrogators, Roland was a Londoner, born on 30 April,1904, in Wandsworth to William George Short, a jeweler and his wife Ellen Mary Heal.
During the 1911 census, Roland was enumerated at the address of his aunt and uncle (James & Louisa Jones) in Battersea. His parents were enumerated at the home of Roland's paternal grandparents, a few blocks away. Beyond that, we know little of Roland and his upbringing and education.
We pick up Roland's trail again in the mid 1920's, living with his parents in Battersea. In 1928, Roland set sail from Southampton for the wonders of New York. Roland gave his occupation as Travel Clerk, possibly employed by American Express Travel Ltd. After returning to London, Roland continued to live with his parents until the mid-1930's when he moved out on his own, still single.
In 1940, Roland was drawn into the war and assigned to the Intelligence Corps. During his time at Camp 020, Roland was heavily involved in the interrogations of Josef Jakobs and Karel Richter. One author noted Stephens and Short would often alternate in a technique Stephens called "blow hot-blow cold". Stephens would come across as the "heavy" and then Short, "a rotund, owlish figure who was as cheery as his boss was menacing," would step in to offer a sympathetic ear (Macintyre). In the fall of 1941, Karel Richter appealed to that "sympathetic ear". Richter wrote several impassioned letters to Lt. Short, begging him for a hearing, a chance to impart more information to MI5, anything that would allow Richter to escape the hangman's noose. His pleas were in vain. During the course of the war, Roland rose to the rank of Assistant Commandant of Camp 020.
After the war, Roland, now a Captain, was one of the few Camp 020 interrogators from 1941 who continued to work with Lt. Col. Stephens. Roland was sent to Bad Nenndorf in Germany where Stephens ran another, darker, interrogation centre. Rumours of the mistreatment of the prisoners swirled through the chilly halls of MI5. During this time, Roland assisted Stephens as he wrote the history of Camp 020. While Stephens and Roland wrote about the lack of physical torture at Camp 020 during the war, prisoners at Bad Nenndorf started to die of malnutrition and exposure.
Signature of Lt. R.A.F. Short
(National Archives KV 2/24)
Eventually in 1948, based largely on allegations by Roland, Stephens and several other officers were court-martialed for the ill-treatment of prisoners at Bad Nenndorf. One officer, the camp doctor, was dismissed from the service, the other three officers, including Stephens, were acquitted. Information at any price was the name of the game. Stephens turned out to be a nasty enemy and, in the end, Roland was disgraced.
What became of Roland after the war? We know that he passed away of prostate cancer in Brighton at the age of 65 in 1969. His parents, William George Short and Ellen Mary Short may have lived in Brighton as well, for two individuals of that name also passed away in Brighton in 1970 and 1972 (both aged 95).
British Army Lists - 1940 & 1941.
Genealogy websites - Ancestry, FamilySearch - births, marriages, deaths, census, passenger lists.
Imperial War Museum.
London Gazette.
Macintyre, Ben. 2008. Agent Zigzag: A True Story of Nazi Espionage, Love, and Betrayal. Broadway Books.
National Archives - various KV 2 files.
Stephens, R.W.G. - Camp 020:MI5 and the Nazi Spies (edited by Oliver Hoare). 2000.
Clara Bauerle is Finally Laid to Rest
By Giselle Jakobs - September 27, 2016
Clara Bauerle It has taken me a few years, pursuing many leads, but I can finally say that Clara Bauerle has been laid to rest. Clara did not die stuffed into a Wych Elm in England. She was not Bella in the Wych Elm. She was a German actress and singer who passed away in a Berlin hospital on December 16, 1942. A while ago, I ordered the birth registration for Clara, from the Standesamt in Ulm. That record gave her death registration number in Berlin. With that in hand, I wrote to the relevant Standesamt in Berlin and, after a lengthy wait, received her death registration in the mail last week. Translation follows below... Death Registration of Clara Bauerle The actress Hedwig Klara Bauerle, Protestant, living in Berlin, Bleibtreustrasse 32, did, on 16 December 1942 at 12:15 in Berlin-Oberschoneweide, Konigin-Elisabeth-Hospital, die. The deceased was born on 27 August 1905 in Ulm (Standesamt Ulm/Donau Nr.../...). Father - Fruitseller Adolf Bauerle, deceased, last
Who put Bella in the Wych Elm?
By Giselle Jakobs - February 05, 2014
N.B. 2020 10 15 - I should note that the picture of the wych elm featured below is NOT the actual wych elm. And, the "police sketch" was first published in Donald McCormick's book, Murder by Witchcraft. That sketch does NOT occur in the police files. Who put Bella in the Wych Elm? On 18 April 1943, near the town of Stourbridge, four young boys in search of bird nests in Hagley Wood found a hollow elm tree (a Wych Elm or Scots Elm). One boy climbed up and peered into the hollow trunk and found a human skull staring back at him. Despite a pact of silence, one boy, Tommy Willetts, told his father about their grisly discovery and the police were quickly called. The Wych Elm wherein the body of "Bella" was found. (From Brian Haughton's website ). The Worcestershire County Police recovered a skeleton from the trunk, along with some fragments of clothing and finger bones scattered around the trunk. A pathologist concluded that the remains bel
The Truth about Clara Bauerle
Who was Clara Bauerle? What really happened to her? To begin with, we have to recognize that Clara Bauerle's name could be spelled in a variety of ways: Claire/Cläre/Clära/Clara Kläre/Klära/Klara Bauerle/Bäuerle If one searches long and hard on the internet, one can find the following information on the singer/actress known as Clara Bauerle. Early Life & Movie Career Clara was born 27 August 1905 in Ulm, Baden-Württemberg, Germany. In 1932-1933, Clara had a small part in the movie Die Blume von Hawaii (The Flower of Hawaii) which was released on 21 March 1933. Poster for the movie "Die Blume von Hawaii" . In 1939-1940, she played a young lady at the ball in the movie Bal Paré which was released 22 May 1940. Poster for the mov ie " Bal Paré ". Singing Career Clara also had a music career and by piecing together her recordings, the following timeline emerges: 1940 September - Wenn die kleinen Veil
Copyright - 2020 - Giselle K. Jakobs
I am Giselle Jakobs, one of the granddaughters of Josef Jakobs, and have been researching his life for the last 30 years. You can use the form below to contact me. I also have a website on Josef Jakobs.
Today in 1941 - April 30 - Major Robin W.G. Stephe...
The Mystery of the Vanished Spies
X-ray Images of Josef Jakobs' broken leg
A Brief Internment in Brixton Prison for German Sp...
Today in 1941 - April 17 - German spy Josef Jakobs...
Today in 1941 - April 15 - Josef Jakobs was return...
T.L. Winn - Dentist and Interrogator at Camp 020 i...
R.A.F. Short - Travel Clerk and Interrogator at Ca...
D.B. Stimson - Tailor and Administrator at Camp 02...
A.D.M. Evans - United Nations Director and Interro...
Bella in the Wych Elm
Events: Life & Death
Robin William George Stephens
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International Securities Number
Home International Securities Number
ISIN Definition: of International Securities Number or International Securities Identification Number
ISIN.net is the global provider of ISIN and CUSIP services. If your company needs assistance with obtain an ISIN number, feel free to reach out to ISIN.net’s team.
ISIN Codes
The ISIN Number Code is used in nearly 100 countries to identify both equity and debt securities issues, derivatives, syndicated loans and equity options, as well as stocks, bonds, treasuries, commercial paper, medium terms notes, warrants, rights, trusts, futures, options and more.
The ultimate goal of international identification codes referred to as “ISIN” (International Securities Identification Number) is to standardize the identification of securities and other financial instruments via a unified system and a uniform classification.
Said another way, ISIN numbers are allocated to securities, much like a social security number for a person, in order to clearly show or state what the securities details are, and to assist in the clearing and settlement procedures between potential buyer and seller.
ISINs – as opposed to the 9 digit CUSIP numbers – are composed of a 12 digit alphanumeric number code. The ISINs are also a solid tool in the unification for varying ticker symbols (think “APPL” for Apple, Inc.). Ticker symbols can vary from exchange to exchange, which only causes confusion, especially when currency is taken into consideration. Thus, a ticker symbol for a US security traded on the NASDAQ may be different on other Stock Exchanges. Therefore, an ISIN number can actually ‘unify’ all ticker symbols of the securities, enabling those searching for the securities to see an all-inclusive picture of the securities being searched.
For the United States, ISIN codes are extended versions of the 9-character CUSIP (Committee on Uniform Security Identification Procedures) numbers. ISIN numbers are formed by adding a country code and what is called a “check digit” to the beginning of the CUSIP, and end of a CUSIP numbers.
ISIN Code Structure
There are several key components to an ISIN Number Code as exemplified by the following ISIN code sample: US123456789 (or the three parts as US-12345678-9). The ISIN code can be explained as follows:
A two-letter country code (such as the “US”), drawn from the International Organization for Standardization, or “ISO”, (ISO 6166). This two letter word code is allocated to the company’s home country or in most cases where the company is domiciled in or may have a corporate headquarter base. For the United States, this is “US”, while, for example, Mexico would be “ME”.
The second aspect of this 12 ISIN digit code is a 9 digit (always numbers) that is classified as an “identifier”. This identifier is referred to as the National Securities Identifying Number “NSIN”), and is allocated by the specific nation or region, referred to as the National Numbering Agency, or “NNA”. If less than nine digits of the code make up the composition, zeros are added to them, which assist in creating the “NSIN”. As in most cases with such numbers, there is no specific ones that are chosen, but often are concocted randomly through various mathematical algorithm. As noted elsewhere, these identifiers are similar to a social security number for a person, where various ‘life’ information can be found, or in the case of a security, assets of the company an securities.
The final number of the ISIN code is called a “single check-digit”, and is derived from the foregoing 11 characters or digits and uses what is called a “sum modulo 10 algorithm”. The main reason for this is to counter against illegal copying or counterfeit numbers.
Euroclear ISIN number: A special alpha numeric code, referred to as “XS”, is employed by various Euroclear agencies that have the power to issue ISIN numbers. The most well know of these ISIN allocators is Euroclear, Clearstream and CEDEL, all of which are clearing firms unto itself and are permitted to grant ISIN numbers. This Euro “XS” is employed for international securities that clear through Euroclear, Clearstream, CEDEL, etc. Such depository receipt ISIN employment is exclusive in that the country code for the security is that of the receipt issuer, not that of the underlying security that one may decide to sell or buy.
ISIN Usage
At one time, International Securities Identification Numbers, or ISINs, were considered a secondary form of security identification – as opposed to ticker symbols which were not primary. In the early years of the ISIN introduction, ISIN number codes were mainly used for clearing and settlement. However, in the last decade numerous European nations have adopted the ISIN code formula as their primary security identifier, surpassing even ticker symbols as primary use. ISIN numbers are also employed in North America, as they are built upon CUSIP numbers (click here to read more about “CUSIP” numbers). As the years move on and as more securities are constantly being issued worldwide, many countries, aside from the nearly 100 that already utilize ISIN numbers, most countries seem open to adopting ISIN’s as their primary security identifies, or at the very least, as a secondary adoption. In regions or countries that do not have a “NNA”, three neighboring individual NNAs work together to administer ISINs.
Why Should All Adopt ISIN Codes?
The main reason for worldwide adoption of the use of ISIN numbers is to create a clear and transparent method for clearing and settlement via a global straight-through processing or “GSTP”. The GSTP essentially seeks to clear and settle transactions only electronically, without having to rely on any manual or human interaction. ISIN numbers are employed by share custodians to track holdings of institutional investors in a format which is consistent across markets worldwide. In the future, it is assumed that the entire planets clearing and treading platforms will rely solely on ISIN number codes as the sole means of securities identification.
History of ISIN Number Codes
International Securities Identification Numbers were first employed in 1981. At that point it had not reached wide global acceptance until 1989, when the G30 countries recommended ISIN adoption. In 1990, the Association of National Numbering Agencies, or “ANNA”, was formed and endorsed by the International Organization for Standardization, or “ISO”. The Global ISIN Access Mechanism was developed in 1994 to facilitate the electronic exchange of ISIN information across the different National Number Agencies “NNA” and today shares wide popularity throughout the world.
ANNA, the Association of National Numbering Agencies, has been commission with the implementation and availability of ISIN numbers throughout the world. To further this goal, ANNA has created an information exchange process called “GIAM-2”, which uses the Internet and CD-ROM technologies to achieve its goals.
Need an ISIN Number or Assistance?
Contact ISIN.net for a free consultation
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MainAll NewsUS & CanadaTrump: Journalists should not be violently attacked
Trump: Journalists should not be violently attacked
Trump condemns shooting at Capital Gazette newspaper in Annapolis, says journalists should not have to face grave danger.
Tags: Shooting Attack Donald Trump Maryland
Ben Ariel, Canada , Jun 29 , 2018 10:13 PM
U.S. President Donald Trump on Friday lamented the shooting a day earlier at the Capital Gazette newspaper in Annapolis, Maryland, saying journalists in the United States should not have to face grave danger.
“This attack shocked the conscience of our nation and filled our hearts with grief,” Trump said at a White House event celebrating his tax-cut law, as quoted by The Hill.
“Journalists, like all Americans, should be free from the fear of being violently attacked while doing their job,” he added, while vowing his administration “will not rest until we have done everything in our power to reduce violent crime and to protect innocent life.”
The President also extended condolences to the families of the victims, offering “our warmest, best wishes and regrets.”
Five journalists were killed in Thursday’s shooting when a gunman identified as 38-year-old Jarrod W. Ramos opened fire at the offices of the Capital Gazette.
Ramos was said to have a long-running feud with the newspaper, having filed a defamation lawsuit against the paper and a columnist in 2012 over a July 2011 story that covered a criminal harassment case against him.
The victims of the attack were 61-year-old Gerald Fischman, who reportedly was Jewish, sales assistant Rebecca Smith, 34, editor Rob Hiassen, 59, reporter and editor John McNamara, 56, reporter Wendi Winters, 65.
Friday’s comments were Trump’s first in-person response to Thursday’s deadly shooting. On Thursday, after he was updated on the shooting incident, Trump tweeted:
"Prior to departing Wisconsin, I was briefed on the shooting at Capital Gazette in Annapolis, Maryland. My thoughts and prayers are with the victims and their families. Thank you to all of the First Responders who are currently on the scene."
(Arutz Sheva’s North American desk is keeping you updated until the start of Shabbat in New York. The time posted automatically on all Arutz Sheva articles, however, is Israeli time.)
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itbusinessedge > Articles > How Machine Learning Shapes Artificial Intelligence Technologies
How Machine Learning Shapes Artificial Intelligence Technologies
By Carl Weinschenk, Posted July 30, 2018
Machine learning is the glitziest element of artificial intelligence, and perhaps the most frightening to humans.
Artificial intelligence (AI) is actually a group of linked technology. It is complex and, to many people, a bit frightening. It is also huge and expanding rapidly.
That size is evident in both value projections and the expansive range of industries using the technologies. In February, Markets and Markets valued the 2017 AI market at $16.06 billion. That number is expected to reach $190.61 billion by 2025. That's a compound annual growth rate (CAGR) of 36.61 percent. The broad range of industries is similarly impressive. The firm said that AI will be used in health care, manufacturing, automotive, agriculture, retail, security, human resources, marketing, law and the financial technology segments.
The bottom line is that AI is here today. For instance, the suggestions made by a streaming service's search engine or the ads selected by a website to display on an individual's computer ever more accurately portray his or her tastes. This is a use of AI. More specifically, it is an example of machine learning, which is one of the building blocks of AI.
Machine learning combines with at least two other technologies to form AI. Natural language processing, as the name implies, is the science of understanding verbal communications. This will extend beyond decoding words and include nuance and emotion. For instance, somebody saying, "Yeah, right" to a question may be facetious (especially if that person is a teen) or really mean it as an affirmative response. An NLP engine of the future would be able to decide between those possibilities.
The second is computer vision, which entails more than being able to decipher images or video. For instance, a human generally has little difficulty identifying a person's image though years have passed, his or her face has aged and their hair style has changed or disappeared. That is a challenge for the computer vision, however, said Kimberly Nevala, the director of Business Strategy for SAS.
The Role of Machine Learning
Thus, there are three main pieces to the AI puzzle. They may be combined differently to achieve desired goals. A specific use case may require other elements to add to this core.
Machine learning is the glitziest element of AI and perhaps the element that scares people. "Machine learning is both a noun and a verb," said Michael Wu, Ph.D. and Chief AI strategist for PROS, a company that uses AI and other tools to provide dynamic pricing to its clients. "As a verb, machine learning is the process of turning data into models. [It can help] predict the future and do a lot of different things."
Typically, a computer operates on the instructions given to it by humans. That becomes more and more inefficient as the tasks it is being called upon to do grow more complex, the original assumptions upon which those instructions were based change, and the very goals of the organization evolve. In machine learning scenarios, the AI system takes the input it gathers and adjusts its mission along the way.
Here is an example of how these elements can work in concert: Suppose an AI platform is used to provide information to a cable television operator's call center representative based upon the questions a customer asks. In the future, the NLP element of the AI platform will be able to assess the emotional status of the person calling the contact center by her voice: Is she annoyed? Likely to churn? Or, conversely, is this a good time to try to upsell the person? Based on that, the optimal tools are provided to the contact center employee. In the long run, the machine learning element of the AI platform will use that experience to better tailor the guidance and materials it provides to the contact center agent in the future.
Another example focuses more on the machine learning element. There are, of course, only four basic directions in which a vehicle can travel: forward, backward, left and right. It is impossible to program an autonomous vehicle (AV) on how to react in every instance ("If there is a dog on the right, move to the left," etc.). Computer vision enables the AV to identify the obstacles and set in motion the appropriate reaction. The machine learning element will store that knowledge ("If a dog is on the right, move left"). "There are massive combinatorial problems," Nevala said. "Actions are well defined, but how to use them is complicated. That is where machine learning comes into play. It enables [the vehicle] to learn from experience."
The Two MLs
There are two types of machine learning, supervised and unsupervised, said Vince Jeffs, the senior director of Product Strategy at Pegasystems. He said that the majority of machine learning in use is supervised.
Supervised machine learning occurs in instances in which the computer is given input and makes a binary choice (a yes or a no). If the machine is given more information – or "training" – until it gets the answer right, it subsequently has the ability to make the right decisions in similar situations.
Unsupervised learning, as the name implies, provides the AI platform with a large amount of data and lets it essentially figure out what to do with it. "It is trying to make sense of its world by putting things into buckets," Jeffs said. "It is an approach in which we are not giving it any instructions. We are not 'leading the witness,' as it were."
Machine learning is a never-ending process. Suppose, for instance, a machine learning algorithm and the AI platform with which it is associated suggest that a company with three employees in the shipping department should hire two more. The subsequent data is continually assessed. The conclusion may change over time and new data enters the system. It may be found, for instance, that five people is too many and one should be reassigned. Or that five is not enough because adding the extra two resulted in so much new business that a sixth now is necessary. The bottom line is that it is a continual process.
Carl Weinschenk covers telecom for IT Business Edge. He writes about wireless technology, disaster recovery/business continuity, cellular services, the Internet of Things, machine-to-machine communications and other emerging technologies and platforms. He also covers net neutrality and related regulatory issues. Weinschenk has written about the phone companies, cable operators and related companies for decades and is senior editor of Broadband Technology Report. He can be reached at cweinsch@optonline.net and via twitter at @DailyMusicBrk.
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National Committee of The Netherlands
First global conservation priorities set – IUCN World Conservation Congress
Limiting illegal trade in threatened species, promoting nature-based solutions to climate change and accounting for biodiversity conservation in the development of renewables are among the first global conservation priorities set today at the IUCN World Conservation Congress taking place in Hawaiʻi.
The 85 motions adopted by IUCN’s 1,300 government and civil society Members – following the first-ever electronic vote cast in August 2016 – include a ban on gillnet fishing threatening the vaquita porpoise and restrictions on trade of pangolins.
Another 14 global conservation issues will be debated and voted on over the next few days at the IUCN Congress, including advancing the conservation of the high seas, mitigating the impacts of oil palm expansion on biodiversity, protecting primary forests and closure of domestic markets to all ivory sales.
“The new electronic voting system has made the already democratic institution even more democratic,” says Enrique Lahmann, IUCN Congress Director. “By giving IUCN’s government and NGO Members time to reflect and arrive at convergence on critical issues such as illegal wildlife trade, we have used technology to boost the governance of nature.”
Members have urged for restrictions on trade in threatened pangolin species to exceptional cases only, as defined by the Convention on International Trade in Endangered Species (CITES). Despite current protection measures at the global and local levels, the species’ survival is at risk due to overexploitation, illegal trade and degradation of its habitat.
Unsustainable fisheries were the focus of another decision drawing attention to the imminent extinction threat facing the Critically Endangered vaquita in Mexico. IUCN’s government and NGO Members have urged for a permanent ban to gillnet fishing throughout the entire vaquita range in the Pacific Ocean. The vaquita is the bycatch of fishing of totoaba.
Members of IUCN have also defined nature-based solutions as actions that protect and manage ecosystems, while effectively addressing societal challenges, such as food and water security, climate change, disaster risk reduction, human health and economic well-being. The concept of nature-based solutions is particularly relevant to the achievement of Sustainable Development Goals.
Renewable energy has been the focus of two decisions adopted by IUCN Members, who have encouraged governments to implement energy efficiency and renewable energy plans, taking into account biodiversity conservation. IUCN Members also called for enhanced efforts to minimise the impacts of offshore renewable energy technologies on marine life.
IUCN Members have also called for attention to the increasing use of ‘synthetic biology’, whose implications on biodiversity and human well-being remain unclear. According to the decision, the international conservation community needs to assess this emerging field and its impacts.
Motions are proposed by IUCN Members every four years to set priorities for the work of IUCN - a unique membership union gathering 217 state and government agencies, 1, 066 NGOs, and networks of over 16,000 experts worldwide.
Motions passed at the IUCN Congress
For more information, please contact the IUCN Congress Media Team at congressmedia@iucn.org
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Landscape approach
African growth corridors: a powerful example of the landscape approach
How can we facilitate economic growth that is inclusive, climate-resilient and... Read more
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Associated specialists
In addition to IVFAustralia's team of fertility specialists, we are fortunate to have very close association with a network of general obstetric and gynaecologist specialists across NSW. These doctors have a keen interest in fertility management and choose to utilise IVFAustralia's services, specialised clinic nursing and counselling team and advanced science to support and care for their patients where necessary.
Dr Jenny Dew
MB BS MD FRANZCOG
Jenny a VMO at the Royal Hospital for Women and St Vincent’s Private Hospital. Dr Dew obtained her MB BS degree from the University of New South Wales in 1984. Her subspecialty training in Reproductive Endocrinology and Infertility was undertaken at the Royal Hospital for Women, and at The University of Toronto, Toronto, Canada, where she trained in advanced endoscopic surgery. She completed her thesis on HRT and Breast Cancer, and obtained her MD from the University of New South Wales in 2002. Dr Dew consults from private rooms at St Vincent's Hospital Clinic in Darlinghurst.
Dr Karen Harris
MBBS FRANZCOG Grad Cert Clin EPI
Dr Ajith Samaratunga
Dr Ajith Samaratunga is a local obstetrician and gynaecologist with a special interest in fertility. He obtained his basic and post graduate qualifications in Obstetrics and Gynaecology in Sri Lanka. Ajith came to Australia in January 2001 and has lived with his family in Dubbo for the last 4 years.
Dr Alan Tong
MBBS MRMed GradDipPaed EMSB EMST APLS FRANZCOG DRANZCOG Master of Reproductive Medicine MOET
Alan is an accredited robotic surgeon and a VMO at Westmead Fertility Centre, IVF Australia, Norwest Private and Westmead Public and Private Hospitals. He is also an examiner for the Australian Medical Council (AMC) and an examiner and training supervisor for the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG). Alan is also a clinical lecturer at the University of Sydney.
After graduating from the University of Sydney in 1995, Alan went on to complete a Diploma of Paediatric, Early Management of Severe Burns and Early Management of Severe Trauma in 1999. He later gained a Diploma of Obstetric and Gynaecology and completed a Management of Obstetric Emergency and Trauma course in the UK. In 2011, he obtained an MRMed from the University of New South Wales.
Alan is a member of the Australian Gynaecological Endoscopy Society, Sydney West Advanced Pelvic Surgery Unit, Fertility Society of Australia, Australian Medical Association and NSW Medical Board. He is also a RANZCOG fellow and is General Medical Council registered.
T: 02 9633 1553
Dr Amrou Metawa
MRANZCOG AMC Cert DIPOMG MBBCh
Amrou is a skilled surgeon with extensive experience in all areas of gynaecology and obstetrics. His areas of interest include laparoscopic (keyhole) surgery, urogynaecology, perineal trauma and high-risk pregnancy. He also specialises in incontinence, pelvic pain and pelvic floor prolapse, endometriosis, uterine fibroid, Polycystic Ovary Syndrome (PCOS), infertility and family planning.
Based on the NSW central coast, Amrou sees patients at North Gosford Medical Centre and performs surgery at Gosford Private, Gosford Public and Brisbane Waters Private hospitals.
Following his medical studies at Alexandria University in Egypt, Amrou gained a Diploma of Obstetrics and Gynaecology from Egypt’s Menoufia University and a Diploma in Obstetrics and Medical Gynaecology from Auckland University. Amrou also holds an AMC Certificate from the Australian Medical Council and is a Fellow of RANZCOG (The Royal Australian and New Zealand College of Obstetricians and Gynaecologists and a member of the Australian Medical Board, New Zealand Medical Council and Medical Council of Egypt.
Dr Ajantha Kasturi
FRANZCOG MRANZCOG ECFMG MBBS MRMeD
Ajantha is a specialist with expertise in IVF, gynaecology, high-risk obstetrics, infertility disorders and endoscopic surgery. Her calm and measured manner is reassuring for patients and their families, especially in stressful situations.
After graduating with a Bachelor of Medicine and Bachelor of Surgery at Madurai Medical College in India, Ajantha studied in the US and then obtained her Masters in Reproductive Medicine from the University of New South Wales (UNSW). She completed her training in laparoscopic surgery, reproductive disorders and infertility management at Westmead Fertility Centre, and was also a fellow in adolescent gynaecology at Westmead Children’s Hospital.
Her study of maternal and perinatal outcomes in the management of cervical incompetence was published in a peer-reviewed journal. Ajantha is also a member of the FSA (Fertility Society of Australia), ASRM (American Society of Reproductive Medicine) and AGES (Australasian Gynaecological Endoscopy & Surgery).
Dr Lorance Melhem
MBBS BSc (HONS) FRANZCOG MR Med
Lorance is a specialist obstetrician and gynaecologist, with a special interest in investigating and treating infertility. Her training includes two years as senior registrar at Westmead Hospital, and she consults at Westmead Fertility Centre and IVF Australia.
She has a Bachelor of Medicine and Bachelor of Surgery, and a Bachelor of Science, both from the University of New South Wales (UNSW). Lorance also has a Masters of Reproductive Medicine and is a Fellow of the Royal Australasian College of Obstetricians and Gynaecologists (RANZCOG).
Lorance speaks Arabic fluently.
Dr Sarojini (Jini) Mandapati
FRANZCOG MBBS PGDipOMG
Jini is a specialist with expertise in obstetrics and gynaecology and an interest in pelvic floor reconstructive surgeries, bladder sling procedures and high risk obstetrics.
After completing a Bachelor of Medicine and Bachelor of Surgery at Rangaraya Medical College at Audra University in India, Jini underwent an internship at India’s Government General Hospital. She then obtained a Postgraduate Diploma in Obstetrics and Gynaecology from the University of Health Sciences in India. In 2004, Jini obtained an Australian Medical Council Certificate and fellowship with the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (RANZCOG).
Previously, Jini was a visiting medical officer at Launceston General and Maitland hospitals. She has been recognised with a Community Compassion award and the Dr R.E. Buttfield RMO Prize for Excellence in Service.
A/Prof Harvey Ward
A/Prof Ward trained at University of Cape Town in Biochemistry and Medicine before meeting and marrying his best friend Kathy and moving to Port Elizabeth for 10 years. In 1995 after the arrival of their 3 lovely children, he moved to specialise at the world-renowned Stellenbosch University where he obtained his Specialist and Masters degrees.
He practised in Canada for 7 years before emigrating to Australia in 2006 to establish a practice of excellence in Coffs Harbour. In addition to seeing private patients at Baringa Hospital, A/Prof Ward also has a public appointment at Coffs Harbour Health Campus and has been the head of the Obstetric and Gynaecology Department since his arrival. He has a special interest in assisted reproduction and performs cycle stimulation, reproductive ultrasound, intrauterine insemination and IVF in Coffs Harbour. He is delighted to be associated with the excellent team at Hunter IVF.
Dr Aaron Budden
Dr Aaron Budden is a Gynaecologist and Obstetrician who provides a broad range of minimally invasive gynaecological services in the public and private system and public obstetric services. Dr Budden completed his Bachelor of Medicine from the University of Newcastle, in 2008. He then moved to Sydney where he undertook residency years at the Royal Hospital for Women before commencing his specialty training in 2012.
After successfully completing his examinations, Dr Budden was awarded a highly prized minimally invasive surgical fellowship through the Australasian Gynaecology Endoscopy and Surgery Society and was then awarded fellowship of the Royal Australian & New Zealand College of Obstetricians and Gynaecologists. He has published numerous scientific articles and presents regularly at local and international conferences. Focusing on a high level of dedication to patient care, Dr Budden is able to care for women as a Staff Specialist at Coffs Harbour Health Campus and Baringa Private Hospital.
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Kansas Farm And Ranch Radio > Latest Reports
With USDA Approval, Kansas Moves One Step Closer to Commercial Hemp Program
by Sara Miles / April 16, 2020
MANHATTAN, Kan. -- The U.S. Department of Agriculture announced today that it has approved the plan submitted in January by the Kansas Department of Agriculture to regulate a Commercial Industrial Hemp Program in Kansas. This approval is a critical formal step in the process to establishing the new commercial hemp program; however, the program will not be active in Kansas until completion of the p...
Great Bend Farm, Ranch, and Hemp Expo continues virtually
by Sara Miles / April 9, 2020
GREAT BEND, Kan. -- The Great Bend Farm, Ranch, and Hemp Expo is changing things up this year due to the global COVID-19 pandemic. This year, expo visitors can see everything virtually. Darren Dale, owner of Star Expos told KFRR that exhibitors and presentations can be viewed during show hours at virtualfarmexpo.com. To hear the full interview, use the player below. [audio mp3="https://ww...
Insight: Staying Afloat
by Sara Miles / March 31, 2020
Noah Ochsner, Kansas Farm Bureau I will never forget the day this “all started” on March 11. Me and some of my fraternity brothers were making our way back to Kansas after spending spring break skiing in Colorado and visiting Utah. We were headed back early because, at that time, it was only a rumor that Kansas State University would be moving instruction to online only. That night we were ...
USDA and USTR Announce Continued Progress on Implementation of U.S.-China Phase One Agreement
(WASHINGTON, D.C., March 24, 2020) – The U.S. Department of Agriculture (USDA) and the Office of the U.S. Trade Representative (USTR) today announced continued progress in the implementation of the agriculture-related provisions of the U.S.-China Phase One Economic and Trade Agreement. The Agreement entered into force on February 14, 2020, and the recent actions described below build upon the ac...
Inisght: Opportunity in the Pause
Jackie Mundt, Pratt County farmer and rancher “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair…” – Charles Dickens, A Tale of Two Cities We are a n...
As commodity prices drop, farm analyst urges producers to follow their business plan
MANHATTAN, Kan. – A Kansas State University farm analyst says his phone has been ringing frequently as the state’s farmers and ranchers flood him with questions about the recent drop in commodity markets. “People are seeing the value of the commodities they’re holding drop – livestock, grains, feed. Everything is pounding them right now,” said Duane Hund, director of the Farm Analys...
Upcoming KDA Events Postponed, Cancelled
MANHATTAN, Kan. — Based on the operational and workplace guidelines for state agencies shared over the weekend, the Kansas Department of Agriculture has made changes to plans for scheduled events through the next few weeks. The following events have either been cancelled or postponed to a later date: Focus on Food Safety training in Topeka, March 16: cancelled Interviews for the Exec...
Moser chosen to lead academic programs for College of Agriculture
MANHATTAN, Kan. – Dan Moser has been selected as the associate dean for academic programs for Kansas State University’s College of Agriculture. His first day in office will be April 6. Since 2014, Moser has served as the president of Angus Genetics, Inc., and the director of performance programs for the American Angus Association. There, he oversaw a 300% increase in genomic testing while l...
March BQA Trainings Cancelled
Due to the unfolding Coronavirus (COVID-19) disease outbreak, Kansas State University Extension is strongly encouraging cancellation or postponement of all in-person outreach across the state until March 30. As a result, the upcoming Beef Quality Assurance (BQA) trainings schedule for March 19 in South Hutchinson and March 24 in Fort Scott will be postponed. These trainings will likely be resche...
3i Show in Dodge City cancelled
After careful consideration, including regular communication with exhibitors, officials and attendees regarding COVID-19, Western Kansas Manufacturers Association haw made the decision to cancel the 3i SHOW this year. The point of the 3i SHOW is to provide a safe environment for exhibitors and attendees to interact. 3i SHOW staff want the best for our exhibitors and attendees and that me...
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Are child crusaders, heroes fair game for adult critics?
Posted: Jan 8, 2020 / 09:41 AM PST / Updated: Jan 8, 2020 / 02:40 PM PST
This combination photo shows Swedish climate activist Greta Thunberg speaking at the COP25 summit in Madrid, Spain on Dec. 11, 2019, left, and President Donald Trump speaking at a campaign rally in Battle Creek, Mich. on Dec. 18, 2019. When climate activist Greta Thunberg, also 16, was named Time magazine’s 2019 person of the year, President Donald Trump took to Twitter to call her choice “ridiculous.” (AP Photo/Paul White, left, and Evan Vucci)
NEW YORK (AP) — The point where childhood ends and adulthood begins isn’t as straightforward as it seems. Add the limelight and things can get complicated for young people who either voluntarily or through circumstances live very public lives.
Those public lives often come with heaping helpings of adult-size sniping. But are children and adolescents who find themselves under global microscopes still entitled to age-appropriate protection from the harshness of public discourse? And, more importantly, can they handle it?
Children and teens, in this era of blurred boundaries, have at their disposal mobile megaphones — for the first time in human history — to reach the entire world. That allows them to be heard, and potentially taken seriously, by hundreds of millions of people, all the way up to heads of state who include the president of the United States.
But does it give those who hear them the right to slap back? At what point does the imperative to treat children more gently collide with their decision to enter the marketplace of ideas — and what happens when it does?
In 2012, 16-year-old gymnast Gabby Douglas became the first African American woman — and woman of color of any nationality — to win Olympic gold in the individual all-around. The feat was joyous, but some on social media bemoaned that her hair wasn’t perfect.
The teen clapped back: “Are you kidding me? I just made history. And you’re focusing on my hair?”
When climate activist Greta Thunberg, who just turned 17, was named Time magazine’s 2019 person of the year, President Donald Trump took to Twitter to call her choice “ridiculous,” going on to say: “Greta must work on her Anger Management problem, then go to a good old fashioned movie with a friend! Chill Greta, Chill!”
To that, Thunberg responded by changing her Twitter profile to mock the president’s words. She told The Intercept: “Honestly, I think it’s funny.”
Since Serena Williams was a teen, when Malala Yousafzai won the Nobel Peace Prize after being shot in the face, with the ascent of 18-year-old pop star Billie Eilish and in the aftermath of the mass school shooting in Parkland, Florida, that turned young survivors into gun control activists, the treatment of young people in the public eye has had its ups and downs.
“For anyone who shares public opinions about civic and social issues, like Greta Thunberg and the Parkland teens have done, it can cut both ways. It can be empowering for young people to use their voices in such a public way. Young people can also be especially effective in changing public conversations about important issues. People listen to young people in a different way,” said Dr. Parissa Ballard, a developmental psychologist at Wake Forest School of Medicine in Winston-Salem, North Carolina.
“At the same time, public political engagement can be very stressful and can put young people in a vulnerable position when they receive criticism or people publicly disagree,” said Ballard, whose research focuses on the intersection of civic engagement and adolescent health and wellness.
Students from Marjory Stoneman Douglas High School who began speaking out for gun reform soon after the shooting there were already in a devastating position when they faced accusations that some were “crisis actors” and the group was under the manipulation of gun control advocates.
The teens were unfazed.
“There are people who are going to be putting us down. It doesn’t matter. Everything we’re doing, it can’t be stopped,” Diego Pfeiffer, an 18-year-old senior at the time, told The Miami Herald in February 2018. “We are children and we have a message. They are bashing survivors of a school shooting. You can go ahead, but our message is going to be heard loud and clear.”
Development psychologists prefer to speak of stages when describing life’s slide from childhood into adolescence and on to young adulthood, such as the onset of biological changes and shifts in social roles. Some use more rigid measures, considering childhood to extend through age 12, with adolescence roughly between 12 and 18 and young adulthood the period between 18 and 25.
Richard West, an Emerson College communications professor who focuses on family, bullying and identity, said that’s only part of the story for young people who prematurely find themselves in adult spaces.
“These are individuals who are emotionally driven and passionately obsessed with having a dialogue,” he said. “I don’t feel that they should be held to a standard that we hold, for instance, a president or an ambassador.”
Finding that line isn’t easy.
“We all need to jump in. It’s not just Greta’s family. It’s not the Parkland kids’ families. It should be all of us jumping in when we see something or hear something that might be completely out of line with the values of this country,” West said. “We don’t have the value as a country of attacking young people who might be activists.”
Jumping in is exactly what former first lady Michelle Obama did on Twitter after Trump’s “chill” tweet about Greta.
“Don’t let anyone dim your light,” Obama urged Greta. “Like the girls I’ve met in Vietnam and all over the world, you have so much to offer us all. Ignore the doubters and know that millions of people are cheering you on.”
Eilish, who grew popular in 2016 with her SoundCloud single Ocean Eyes, has long been surrounded by family in her entourage, including her parents and her older brother and collaborator, Finneas Baird O’Connell. But fame has had its rough spots nonetheless.
“I forget sometimes that they’re not literally my friends,” she told Variety of her fans. ”It’s weird, like, that’s probably the biggest con in it all: that people I’ve never met think I’m really close friends with them. And then they forget that I’m not, and sometimes say stuff at meet-and-greets or post things that are joking or sarcastic about how bad I look in (a certain) photo, and I’m like, wow, that’s so mean. But then I remember that it’s just part of being friends — you make fun of your friends as a joke, and they make fun of you back — so it’s all love, and I really, really don’t want it to change.”
Ballard, too, sees a key role for supportive adults when public young people face detractors, especially those like Greta and the Parkland survivors who are up against grown-ups with immense power and resources.
“Adults can support young activists by helping them understand the range of possible reactions they might get and to help manage their expectations about public political engagement,” she said.
Daryl Van Tongeren, an associate professor of psychology at Hope College in Holland, Michigan, specializes, in part, on questions of morality.
“I think sadly in our society they do sometimes forfeit their childhoods, but I don’t think that they should have to,” he said. “I think as a society we view them as no longer being children and somehow we now have rights to kind of put them in a different realm, put them in a different category. It’s a moment for us to pause and say, just because this is happening, does that mean that it’s good or it’s healthy or it’s right?”
Williams, who is now 38 and owns 23 Grand Slam singles titles, knows some of the issues well.
“People have been talking about my body for a really long time,” she told The Fader in 2016. “Good things, great things, negative things. People are entitled to have their opinions, but what matters most is how I feel about me, because that’s what’s going to permeate the room I’m sitting in.”
by DANICA KIRKA, Associated Press / Jan 16, 2021
LONDON (AP) — Prince William says he is concerned about the mental health of U.K. ambulance drivers, police officers and other first responders who are being exposed to extraordinary levels of trauma and death as coronavirus cases soar.
William, a former search and rescue helicopter pilot, told emergency workers on a video call that they must not be afraid to ask for help despite their inclination to help others first.
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Former ‘Trooper of the Year’ demoted for false DUI arrests
On behalf of Kristopher K. Greenwood & Associates | Oct 19, 2012 | DUI
Once, she was known for the high number of drivers she arrested for drinking and driving. Her reputation was so good that she was singled out as one of the best in her field. But now, the former Utah Highway Patrol’s Trooper of the Year is facing scrutiny about her tactics — and critics are asking the agency how she is still on the job.
An internal memo dated May 2010 indicates that UHP had reason to believe that the trooper, who made around 1,200 DUI arrests between 2008 and April 2012, regularly arrested people on suspicion of DUI despite the fact that the drivers were not intoxicated. The problem first came to light, according to the memo, when a prosecutor refused to press charges against one of the trooper’s suspects.
After that red flag, the author of the memo, a UHP sergeant, looked into 20 of the trooper’s DUI arrests. He found that 11 of the 20 were not legally intoxicated. Of the 11, four “had nothing at all” in their systems, the author said.
Despite the concerns one would think this memo would have raised, UHP allowed the trooper to stay on patrol for nearly two more years. Then, in April, she was demoted to a desk job. A UHP spokesman declined to give specific reasons for the demotion, except to say that “a section commander felt there was something that needed to be addressed.”
Still unanswered is why UHP did not follow up on the 2010 memo more quickly, or how many people were wrongfully convicted of DUI based on the trooper’s arrest and testimony.
Source: KSTU-TV, “Leaked memo calls into question UHP trooper’s DUI arrests,” Gene Kennedy, Oct. 13, 2012
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Investigation continues into fatal apartment fire in Duncan
There is no indication of any illegal drugs/activity that may have been the cause of the blaze
The investigation is continuing into the cause of an apartment fire in Duncan on New Year’s Eve.
On the afternoon of Dec. 31, 2020, a devastating fire tore through the Lewis Apartments, killing one and injuring several others.
“The North Cowichan Duncan RCMP is working closely with our partners at the North Cowichan Fire Department and the BC Coroners Service,” said Staff Sgt. Kurt Bosnell of the North Cowichan/Duncan RCMP. “At this point we have not been able to determine the source of the fire and whether or not it is suspicious until those determinations are made, the RCMP will remain engaged.”
Authorities say they will not be identifying the person who died in the blaze.
There had been speculation in the community that a meth lab was involved in the fire, however, RCMP say there is no evidence of that to date.
“While the cause of the fire has yet to be confirmed, at this point there is no indication of any illegal drugs/activity that may have been the cause of the blaze, that is believed to have started on the fourth floor,” a Jan. 2 press release states.
“The scene remains inaccessible as the investigation continues.”
Residents were accommodated in hotels following the fire.
Rescue crews evacuate residents stranded due to Parksville flooding
More Alberta MLAs travelled over holidays, despite advice to avoid unnecessary trips
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Birds, Wildlife Facts
The Osprey (Pandion haliaetus) – This large fish-eating raptor dives dramatically into water to catch its prey. The osprey has a slim body and long narrow angled wings. It is dark above and pale below on the body and wing coverts. The head is white with a broad dark stripe through the eye to the nape.
Length: 55-58cm; wingspan: 145-170cm
Fish are taken in clear, calm water diving from the air. Long talons with spikes on the underside of their toes help them grasp fish. Species caught are dependent on availability; in Scotland they mainly take brown or rainbow trout inland and flounders on the coast.
Ospreys build a large stick nest in the crown of a tree, often refurbishing an old nest. They will also use artificial platforms. The Hawk and Owl Trust has installed one at Pensthorpe, near Fakenham, North Norfolk but it has yet to be used.
Habitat and Distribution
Ospreys favour well wooded country with lakes, rivers or near the coast with a plentiful supply of fish.
They are found in the eastern Highlands, the Grampians and Perthshire and the Southern Uplands in Scotland; in the Lake District and Rutland in England.
Ospreys became extinct as a breeding species in Scotland in 1916, having disappeared from England in the 1840s. A pair first nested in Scotland again in 1954. After much publicity and careful protection of nest sites, the species gradually spread, mainly in the Highlands, reaching 100 pairs by the mid-1990s.
Since they became established north of the border, ospreys had regularly visited Rutland Water in the Midlands on passage. In 1996 a translocation project began with young Scottish birds being released there. These birds returned to the reservoir for a number of years and finally bred successfully in 2001. In the same year a pair naturally colonised the Lake District and bred by Bassenthwaite Lake. In 2004 the first pair reared young in Wales; the male had been released at Rutland and the female came from Scotland.
Birds can be viewed in a number of places in Scotland as well as in the Lakes and at Rutland Water.
Credit: Information kindly supplied by the Hawk and Owl Trust - Photo Credit: © Andy Thompson / Hawk and Owl Trust
www.hawkandowl.org
https://www.letsgowild.co.uk/wp-content/uploads/2017/10/osprey.jpg 247 350 Kathy https://www.letsgowild.co.uk/wp-content/uploads/lgw-header-img.png Kathy2017-10-27 17:15:322017-12-08 12:51:14Osprey
Hawk and Owl Trust
Working for wild Birds of Prey and their habitats.
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Admiral B. Kelso II, USN - My Brush with Greatness
by James Fasino
I had been stationed as a torpedoman aboard the Sturgeon class Fast
Attack Submarine USS Bluefish SSN-675 home-ported in Norfolk, VA and had served under its commissioning Commanding Officer for the past two and one-half years. And, one morning at crew quarters at the pier he informed us that he would be moving on to a new assignment in the coming weeks and therefore a change of command was in order for Bluefish.
Although, all our crew were disappointed to learn that our Captain was leaving we looked forward with anticipation as to who his replacement might be; and, soon the scuttlebutt around the boat indicated that it would be Captain Frank B. Kelso II whose last assignment had been as skipper of USS Finback SSN 670. The Finback and her crew were awarded the Navy Unit Commendation for a “recon” operation in 1971. And, would later be mentioned in the best-selling novel Blind Man’s Bluff concerning her participation in the top secret “Operation Ivy Bells” within Soviet territorial waters along with USS Parche SSN 683, the most highly decorated ship in U.S. history.
And, although I had little familiarity with the credentials of submarine captains, apparently some of the senior enlisted guys and officers on board did. Apparently, Kelso’s reputation preceded him in that much enthusiasm was being generated among them concerning the prospect of his coming to Bluefish.
As the story went at the time, Captain Kelso had been scheduled to take command of another submarine; however an old back injury he had suffered flared that required corrective surgery and so negated that assignment. And, now that he had completed his convalescence and was fit again he was coming to take command of our boat. He was known for not only being an exceptional submarine officer and skilled commander but as a crew’s captain too who supported his men fully and had unmitigated confidence and trust in their abilities.
And, although I would only serve under his command for just six months or so prior to my being separated from active duty and returning home, I did have one memorable experience with him.
Bluefish was heading out to sea from Norfolk to the North Atlantic for short ops. And, as a torpedoman I was involved in the routine evolution prior to the making our dive of firing “water slugs” where we flooded down all four empty tubes then fired them individually in order to test them out, however tube #2 did not fire. This was problematic for me because I had just spent four hours on the helm as the Maneuvering Watch Helmsman and was now scheduled to stand a six-hour watch in the “room” as Torpedoman of the Watch. Furthermore, due to the recent transfer of two key senior personnel I had instantly become the most experienced torpedoman aboard and so the responsibility to troubleshoot and repair the tube fell on my shoulders.
Consequently, I proceeded to consider the electrical vs. the mechanical aspects of the problem first and after securing the appropriate permissions I attempted to fire the tube manually in order to see if there was an electrical problem between the firing panel in the room and the torpedo tube itself; it didn’t fire. So, my next step was to check out the firing valve to determine if it was operating correctly. But, in order to do that I had to shut down the 250-psi firing air to the tube so I could disconnect the airlines and unbolt the valve in order to remove it. So, I proceeded to locate the isolation valve that was installed on each of the four tubes. However, I couldn’t locate it and so I pulled the blueprint for the firing air system for reference. Then I again crawled around the steel deck while searching on hands and knees but still couldn’t locate the valve; I concluded that it wasn’t there. This was very challenging to me because it meant that in order to repair tube #2; I would have to shut the main 250 psi supply valve to all four tubes. Correspondingly, it was somewhat silly for me to claim that the shipyard overlooked installing the isolation valves. So, I called down my Weapons Officer, Mr. Cox, to the room and I explained the situation to him, then he suggested that we go up to the control room and advise the Captain of the situation.
Along the way I was thinking oh yeah this is going to be just swell, me a junior guy telling our new Captain that I know more about the weapons system than the people who built the thing. Accordingly, when we spoke to Kelso, I cautiously explained to him that the shipyard apparently hadn’t installed the isolation valves when Bluefish was built two years prior. And, since I fully expected him to challenge me I offered to show him the blueprints. However, his immediate response astonished me.
“No Fasino, that’s not necessary. If you say it, then that makes it so; you do whatever is necessary to fix the problem. But, you know what that means don’t you Petty-Officer?”
“Sir?” I responded.
“We will have a nuclear submarine floating around out here in the middle of the Atlantic Ocean that’s unarmed. So, you don’t sleep until it’s fixed.”
“Aye, Aye Captain” I said.
Afterwards, I returned to the room to begin work on the tube and after a few hours I suspected that the cause was with the solenoid valve that sits atop and actuates the large firing valve to initiate the firing sequence whether the tube is fired electrically or manually. However, since I couldn’t determine it myself I enlisted the assistance of our Fire Control Chief “Jake” who had the essential knowledge and test equipment to properly identify the problem and pin-point the cause of the malfunction. It was necessary to uninstall the solenoid with the large and heavy firing valve as one unit in order to test their operation together using electrical diagnostic equipment and then reinstall them multiple times in order to get the tube working again. This was very time consuming and so we didn’t finally have the tube repaired and operational until after I initially began my work on it fifty-two hours prior. Therefore, by that point I was a walking zombie and so LTCD Cox had someone else cover my next watch to allow me to get some extra sleep; which I did over the next sixteen hours. And, although it had been an ordeal, I had a great sense of accomplishment in stepping up for my Captain and crew and knowing he had unquestioned trust in my abilities. Little did I know then that Captain Kelso would go on to be Admiral Kelso one day and become the Chief of Naval Operations and sit on the Joint Chiefs of Staff along with another renowned military Officer, Chairman of the Joint Chiefs of Staff General Colin Powell.
U.S. Navy Admiral Frank Benton Kelso II served as Chief of Naval Operations (CNO) in the early 1990s and had graduated in 1956 from the U.S. Naval Academy at Annapolis. Prior to being named CNO he had become Commander Sixth Fleet and NATO Commander Naval Striking Force and Support Forces Southern Europe in 1985. During this tour, forces under his command launched raids on Libya in defiance of President Muammar Gaddafi’s claim that Libya’s territorial waters extended 200 miles into the Gulf of Sidra. Then on June 30, 1986, Kelso was promoted to the rank of admiral and assumed the duties of Commander in Chief Fleet. Subsequently, Kelso became Supreme Allied Commander Atlantic and Commander in Chief, U.S. Atlantic Command on November 22, 1988. And, in that capacity his forces were involved in the second Gulf of Sidra incident in 1989. He succeeded Admiral Carlisle A.H. Trost to become the Navy’s 24th Chief of Naval Operations (CNO) on June 29, 1990 and commanded U.S. naval forces during the Gulf War, “Operation Desert Storm”. In which the USN Attack submarine USS Louisville SSN-724 carried out the first war patrol conducted by an American submarine since World War II. Her patrol began with a 14,000-mile submerged, high-speed transit across the Pacific Ocean, through the Indian Ocean and into the Red Sea. Then, shortly after 1200 hours on 19 January 1991 she launched Tomahawk cruise missiles against targets in Iraq, becoming the first USN submarine to launch Tomahawks in combat. For this war patrol, Louisville was awarded the Navy Unit Commendation.
Adm. Kelso was a native of Fayetteville, NC where he attended public schools. He studied one year at the University of the South before his appointment to the U.S. Naval Academy by Sen. Albert Gore Sr. in 1952. He was the son of the late Benton and Wista Kelso of Fayetteville. After retirement, he lived in the Washington, D.C., area until his return home to Fayetteville in 2003. He was a member of the Fayetteville First United Methodist Church.
Adm. Kelso was married to Landess McCown Kelso for 56 years prior to her passing in July 2012. They had four children: one of whom is a career naval officer who retired as a captain and served in submarines. Adm. Kelso died on Sunday, June 23, 2013 in Norfolk, Va., following a fall there that resulted in a severe head injury. Kelso was in Norfolk to attend his grandson’s high school graduation. And, like his grandfather, the grandson had received an appointment to the Naval Academy also.
A lifelong friend of Kelso’s said at his funeral; “… Frank was a wonderful person, and I’m thankful to have so many good memories of him. I think of him as my friend, but putting that aside, I think about his commitment to his country. That is why he is so well respected by his peers and the people who served under him. He had a feel for what it takes to make this country great. It’s not the presidents or other high-ranking officials – it’s John Q. Public. If I were to think of one word to describe Frank, it would be service – he served people up and down the ladder and would help anyone he could,” he added. “He meant so much to so many people here, and he will be missed incredibly.”
Another lifelong friend of Kelso’s said of him;
“Adm. Frank B. Kelso was a great man. He reached the top of his profession as Chief of Naval Operations and one of the Joint Chiefs of Military Operations. He received many honors from all over the world, yet he chose to come back to his hometown and spend the last 10 years of his life here…. He will be greatly missed.”
Over the course of his exemplary naval career CNO, Adm. Frank B. Kelso II was awarded; the Office of the Joint Chiefs of Staff Identification Badge, Distinguished Service Medal, Navy Distinguished Service Medal with two gold stars, Legion of Merit with three gold stars, Meritorious Service Medal with one gold star, Navy and Marine Corps Commendation Medal, Navy and Marine Corps Achievement medal, Navy Unit Commendation Medal with two bronze service stars, Navy Meritorious Unit Commendation with one service star, Navy Expeditionary Medal with one service star, National Defense Service Medal with two service stars, Navy Sea Service Deployment Ribbon, Officer Submarine Warfare insignia and the SSBN Deterrent Patrol insignia with three gold stars.
I had been undecided concerning remaining in the Navy beyond my first enlistment. And, Captain Kelso, through my division officer, encouraged me to do so. They both offered to recommend me for entry into the Navy NECP program that would allow me to attend one of twenty-two top American college universities as a civilian and upon completion be commissioned an Ensign in the United States Navy. However, I declined and went through the separation process to return home.
Then, shortly after I left the Navy I received in the mail a personal commendation from the Commander Submarine force U.S. Atlantic fleet for work I had done on Bluefish during a northern run prior to Captain Kelso taking command. It was accompanied with and official USN letter having a hand-written note from Captain Kelso that read; “We still have a good job waiting for you. Best of luck” Signed Frank Kelso.
But although just one line, it’s one of my prized possessions and I am humbled and honored that such a great man and naval officer as Adm. Kelso thought so highly of my capabilities and character. And, I feel so very fortunate to have had the opportunity to serve under his Command in USS Bluefish SSN 675. My service and experiences in the Silent Service and the opportunity to work with men of such high caliber as Frank Kelso has served me for a lifetime. For this, I am grateful.
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Yo-Yo Cardio Readings May Signal Increased Risk
Find a Screening Near You
(HealthDay News) If your weight, blood pressure, cholesterol or blood sugar levels fluctuate, you may have a higher risk of heart attack, stroke and premature death than people with more steady readings, new research suggests.
According to the study, during nearly six years of follow-up, men and women whose readings changed the most were 127 percent more likely to die, 43 percent more likely to have a heart attack and 41 percent more likely to have a stroke, compared with those whose readings remained stable.
"Variability in metabolic parameters may have a role in predicting mortality and cardiovascular outcomes," said lead study author Dr. Seung-Hwan Lee, a professor of endocrinology at the College of Medicine at Catholic University of Korea in Seoul.
Because the study looked at data from the past, however, it can only show an association between variability in these readings and risk. It can't prove that variability is the cause of the heightened risk of heart attack, stroke or death, the study authors cautioned.
The researchers also didn't look at the reasons why the metabolic readings might fluctuate over time.
Treatment strategies to reduce fluctuations in these parameters, however, should be a goal to prevent bad health outcomes, Lee said.
These strategies might include keeping blood pressure, cholesterol and blood sugar within normal ranges -- not too high or too low -- and maintaining a normal weight -- not too fat or too thin.
Dr. Gregg Fonarow, a professor of cardiology at the University of California, Los Angeles, found these findings interesting.
"This opens up a new avenue for accounting for variation in risk factors over time in estimating risk for cardiovascular disease," he said. "Better identification of those at higher and lower risk may translate to better use of prevention strategies and therapies."
But further studies are needed to determine if treatment strategies that specifically reduce fluctuations in these parameters will reduce the risk of cardiovascular events and improve health, Fonarow said.
For the study, Lee and colleagues used the Korean National Health Insurance system to collect data on more than 6.7 million people who had not had heart attacks, diabetes, high blood pressure or high cholesterol.
Between 2005 and 2012, all participants had at least three exams that documented weight, blood sugar, blood pressure and cholesterol.
The researchers specifically looked at the effect of changes in participants whose readings went up or down more than 5 percent. Whether people's readings got better or worse didn't matter -- high variability by itself was linked to an increased risk of death during the study period, the findings showed.
Women and older adults were more likely to have highly variable parameters, the researchers said.
Lee said because the study was done in Korea, it's not certain that these findings would apply to the United States. Other studies in different populations, however, indicate that the link between fluctuating readings and the risk of dying are common.
One specialist offered a note of caution to people who are obese or overweight not to misinterpret these findings.
"This is provocative research that raises questions about binge dieting," said Dr. Byron Lee, director of electrophysiology laboratories and clinics at the University of California, San Francisco.
But it is far from definitive, he added. "Hopefully, obese patients don't use this as an excuse to stop trying to lose weight," Lee said.
The report was published online Oct. 1 in the journal Circulation.
Visit the American Heart Association for more on heart attack prevention.
SOURCES: Seung-Hwan Lee, M.D., Ph.D., professor, endocrinology, College of Medicine, Catholic University of Korea, Seoul; Byron Lee, M.D., professor, medicine, director, electrophysiology laboratories and clinics, University of California, San Francisco; Gregg Fonarow, M.D., professor, cardiology, University of California, Los Angeles; Oct.1, 2018, Circulation, online
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27 oddest medical cases
By Lauren Cox - Live Science Contributor, Elizabeth Peterson - Live Science 05 October 2016
(Image credit: The New England Journal of Medicine )
Have you ever been to the doctor because you had a fish jaw stuck in your eyeball? Or perhaps you've been rushed to the hospital after accidently inhaling your own earring? If you answered no to both of those questions, then consider yourself lucky: Fishy eyeballs and inhaled earrings are two real (and really bizarre) medical cases that have cropped up in recent years.
When doctors encounter such weird cases, they sometimes decide to publish a case report. Case reports are meant to add to scientific research, or help other doctors who might encounter the same strange symptoms in the future. But for those who aren't doctors, case reports illuminate the limits and the mysteries of the human body. Some also serve as highly effective cautionary tales.
Here's a look at 27 cases that will make your next trip to the doctor seem like a total bore.
Editor's Note: This article was first published on July 2, 2013, at 3:45 p.m. ET.
Enormous tapeworm
(Image credit: The New England Journal of Medicine ©2016)
You know what they say about raw beef: You shouldn't eat it (at least, not unless you cook it first).
A man in China learned this lesson the hard way after finding out that he had a 20-foot-long (6 meters) tapeworm living inside of him— a result of chowing down on uncooked cow meat.
The tapeworm likely lived inside the man's small intestine for at least two years before he went to see the doctors who would ultimately help him flush out this lengthy stowaway. [Here's a list of top meats that can make you sick.]
The man complained of stomach pain, vomiting, loss of appetite and weight loss; his doctors were able to quickly identify the cause of these symptoms because the patient brought along a crucial piece of evidence — a fragment of the parasite, which he had found in his stool. Combined with the patient's known predilection for raw beef, the tapeworm specimen helped doctors guess that the man was sharing his intestine with Taenia saginata(a species of beef tapeworm).
After being treated with an antibiotic that caused him to pass the tapeworm out of his body within hours, the man's symptoms cleared up in just three months, according to a case report published in The New England Journal of Medicine in January 2016. Presumably, the man's preference for uncooked beef passed just as quickly.
Parasitic worm infection
What's worse than a parasitic worm infection? A parasitic worm infection that causes a "calcified bladder" — a condition that probably feels every bit as uncomfortable as it sounds.
A 43-year-old man in Qatar found out just how painful a calcified bladder can be. He had blood in his urine and pain when he peed for a month before doctors diagnosed him with an infection by the parasite Schistosoma, which is transmitted by freshwater snails.
The man's infection was located near his bladder and ureters(the tubes connecting the bladder to the kidneys). Eggs of the parasite ended up on the wall of the man's bladder, and his body's immune response caused these areas of the bladder wall to become calcified in a pattern known as "eggshell calcification," according to a case report published in The New England Journal of Medicine in February 2016.
While this kind of calcification as a result of schistosomiasis(another name for aSchistosoma infection) is not rare, it is unusual for doctors to see a patient with an entire bladder encased in calcium, since it takes years for that much calcium to build up inside the body.
But the patient's doctors suspected that the man actually became infected with the parasite as a child and that he lived with it for at least 30 years before doctors prescribed a treatment.
Fish bone in the eyeball
(Image credit: The New England Journal of Medicine ©2015.)
Nothing ruins a day at the beach quite like getting a fish bone stuck in your eyeball. Unfortunately, that's what happened to a beachgoer visiting the Red Sea in 2015.
The 52-year-old tourist was swimming in the Red Seawhen he collided with a school of fish. Not long after the incident, the man developed a swollen and droopy eyelid that wouldn't heal. A doctor's visit revealed he had an area of inflammation called a granuloma on his eyelid, and the patient underwent surgery to correct the issue.
But a granuloma wasn't the only thing that doctors removed from the erstwhile swimmer's eyeball during the surgery. "Two tubular structures" were also removed from the man's eyelid, according to a report published in the New England Journal of Medicine in September 2015.
A biologist was called in to examine these strange specimens, which turned out to be the jawbones of a halfbeak, a fish that dwells in shallow coastal waters. The fish bones had immobilized the muscles controlling the man's eyelid, causing it to droop. But the droopy-eyed swimmer recovered shortly after his surgery.
Sudoku seizures
(Image credit: severija/Shutterstock.com)
You know that expression "too much of a good thing?" Well, that applies to this next case. A young man in Germany completed so many Sudoku puzzles (a logic game that may help sharpen memory) that he began having seizures.
Of course, that's only part of the story. The man had been an avid Sudoku solver for some time before experiencing such seizures, but that changed after he was trapped in an avalanche during a ski trip. He was eventually rescued, but while buried under the snow, the man experienced a condition known as hypoxia, in which the body tissues and brain don't receive enough oxygen. This condition caused the man to develop sudden muscle twitches around his mouth when he talked and in the muscles of his legs when he walked. He also experienced spontaneous seizures in his left arm. Doctors prescribed anti-epileptic medications and thought they had these seizures under control.
However, a few weeks after he was discharged from the hospital, the man began having seizures in his left arm again … but only when he did Sudoku puzzles.
Eventually, doctors got to the root of the problem: The man had a very intense "three-dimensional imagination" that was activated whenever he did these brain-stimulating puzzles. The part of his brain that he used when thinking about things in 3D happened to be the part of his brain that was most affected by his 15 minutes of oxygen deprivation under the snow. Overactivating this damaged part of his brain was what caused the man's seizures. Unfortunately, he had to give up Sudoku in order to make a full recovery.
Leaking brain fluid
(Image credit: holbox/Shutterstock.com)
Need a reason to skip Pilates class? Because we've got a good one: In 2015, a British woman with persistent headaches found that the reason for her pain was leaking brain fluid brought on by (you guessed it) a Pilates class.
It typically takes some kind of trauma for brain fluid — a clear liquid that flows between the brain and spinal cord and their outer coverings — to leak. Trauma from car accidents, tumors and botched surgeries are all known to sometimes cause this problem. But in certain people, brain fluid leaks can occur spontaneously when too much pressure is put on the skull or spinal cord, which is probably what happened to the Pilates-performing patient with persistent headaches.
After a standard treatment of bed rest, caffeine and ibuprofen, the woman recovered, according to a report published in the Journal of Medical Case Reports.
Toothy brain tumor
It's not entirely unusual for a 4-month-old baby to have a few teeth, unless those teeth are lodged in the baby's brain.
An infant in Maryland had teeth form in his brain as a result of a specific type of rare brain tumor. Doctors were able to remove the tumor and the boy made a full recovery, according to a report published in the New England Journal of Medicine in February 2014.
Doctors suspected something might be going on inside the boy's brain when his head appeared to grow faster than was usual for his age. A scan of the child's brain revealed a tumor that contained what looked like teeth normally found in the lower jaw. And indeed, when doctors removed the tumor they extracted several fully formed teeth with it.
While teeth do sometimes appear in tumors, the type of tumor removed from the infant's brain — a craniopharyngioma — wasn't known to host these strange additions.
Energy drink heart attack
(Image credit: Photographee.eu/Shutterstock.com)
What could cause a healthy 26-year-old to suffer a heart attack? Drinking nearly a dozen energy drinks a day, every day, that's what.
A man in Texas told doctors that he regularly consumed eight to 10 caffeine-laden energy drinks a day before suffering a heart attack. He also smoked a pack of cigarettes a day for two years prior to the incident, according to a report published in the journal Case Reports in Emergency Medicine in February 2015. [5 Health Problems Linked to Energy Drinks]
It's possible that the excessive amount of caffeine in these drinks, as well as other potentially harmful substances, may have reduced blood flow in the man's coronary blood vessel, causing a blood clot to form and ultimately resulting in a heart attack. The report's authors also noted that smoking may have led to the constriction of the man's coronary artery.
Inhaled earring
(Image credit: © 2015 by the BMJ Publishing Group Ltd. All rights reserved.)
This is not what people mean when they say they want to "ring in the New Year" — A woman in Australia accidentally inhaled an earring at a New Year's Eve party in 2015.
The 41-year-old woman, who had asthma, reached into her purse for her inhaler when she began to wheeze during the New Year's festivities. Unbeknownst to her, a loose earring from her purse had become lodged in the inhaler, and she inhaled it when she used the device.
The earring scratched the back of the woman's throat, causing her to wheeze more and cough up blood, before it became lodged in her right bronchus (one of the main airways leading from the windpipe to the lungs), according to a report published in the journal BMJ Case Reports in April 2015.
Doctors were able to remove the earring, and the woman healed quickly. She also learned an important lesson about replacing the lid on her inhaler after every use.
Hepatitis from tea
(Image credit: 5 second Studio | Shutterstock.com )
Green tea is supposed to be good for you; researchers have found that compounds in the beverage may help suppress lung cancerand improve certain brain functions. However, drinking too much of the green stuff is not a good idea if you're not sure what else is in the teabag, according to report published in the journal BMJ Case Reports in October 2015.
A 16-year-old girl in the U.K. learned this lesson the hard way when, after consuming about three cups of green tea a day for three months, she started to show symptoms of acute hepatitis, or inflammation of the liver.
The girl had ordered the suspect tea online (after hearing claims it could help her lose weight). Most of the beverage's ingredients were in Chinese, so she wasn't sure exactly what was in the alleged "weight loss" beverage. Her doctors didn't analyze the exact chemical makeup of the tea, but once the girl stopped consuming it, her symptoms — which included jaundice, joint pain and dizziness — improved quickly.
Baking soda craving
(Image credit: Pregnant woman photo via Shutterstock)
Pregnancy cravings are normal, but indulging unusual cravings when pregnant can sometimes be dangerous. Case in point: A woman who consumed a 1-pound box of baking soda a day, both before and during her pregnancy, developed serious muscle and heart conditions, according to a report published in the journal Obstetrics and Gynecology in August 2013.
What caused the woman to crave an ingredient most commonly found (in very small quantities) in baked goods? The doctors who diagnosed her believe it was a condition known as pica, which is common during pregnancyand is characterized by cravings for nonfood items, such as baking powder, clay or dirt. [9 Uncommon Conditions That Pregnancy May Bring]
Baking soda is mostly made up of sodium bicarbonate which, when consumed in large quantities, can disturb the body's normal metabolic processes. In the case of the mother-to-be, downing such a large quantity of baking soda resulted in weakening of the heart and other muscles. Luckily, doctors were able to induce labor and the woman delivered a healthy baby.
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#NWWA19 Finalist!
2019-06-19 By Laura-Louise Leave a Comment
It has been an incredibly busy month as a wedding makeup artist in Cheshire and North Wales now we are in peak wedding season. However flaming June hasn’t really arrived yet and…. well…we are all saying”flaming June” for the wrong reasons with some of Cheshire and North Wales being submerged last week in 12 inches or more of rain. Fingers crossed that summer is on its way and we can start whinging about how hot it has been instead!
I wanted to tell you all about last Wednesday, when I got all dolled up in my pretty black dress and headed over to an awards ceremony at the Mere Golf & Spa Resort near Knutsford, Cheshire.
Each year, County Brides Magazine based in Cheshire hosts the prestigious North West Wedding Awards.
I was nominated in 2018 and again in 2019 and having the support all of my previous Brides, I was proud to make it to the finals. Exciting!
Leaving Chester, the weather was pretty grim, dressed up to the nines, my phone was pinging with over twenty+ messages from previous Brides wishing me all the luck in the world. I felt so incredibly proud to have so much support and so privileged to be a makeup artist to my Brides.
When I arrived at the Mere Golf and Spa Resort, the car park was full to bursting but I managed to sneak into a space near the main entrance. I struggled with changing into my heels, almost head butting the steering wheel on one occasion! I even plucked up the courage to make a video for facebook, saying thank you to each and every person who voted for me. You can watch it here: Pre-Awards Video
As I got out of the car, I opened up my brolly and started to run, as well as you can in stilettos. My phone continued to buzz all night with “good luck” messages but I made the most of the event chatting and networking with fellow wedding suppliers from Cheshire, Merseyside, Wirral, and the rest of the North West of England. Wedding suppliers had travelled far and wide, from Carlisle in the North to Stoke in the South.
AS I walked in, I had my virgin bucks fizz (sensible, as I was driving) and queued up for the photo mirror (on my own, how brave!) provided by “A Touch of Glamour” and listened to the talented solo artist who was entertaining the crowds.
There was a really fantastic atmosphere and I was standing there, taking it all in when we were called into dinner. The coolest green lighting in the room made it a really “wow” moment as I entered and headed for my table, Magnolia. The meal was amazing, as were the singing waiters, the charity Auction to raise money for Destination Florida Children’s Charity and on the night, raised a staggering £6503.50.
The awards ceremony began about 9.30pm and yet seemed to be over in a heartbeat but unfortunately, this year wasn’t my year. A huge congratulations to all the nominees and the worthy winners. My hands are still sore from all the clapping. I left the awards evening feeling upbeat and proud knowing that I am working to a fabulously high standard, amongst the best in the north west, in an industry that is fabulous from head to toe.
When I jumped in the car, I checked my phone for one last time before setting off and read this message from my Daughter. As you can image my heart burst with pride.
Once again, a HUGE thank you to each and every Bride who showed me all of your love, kindness and support and here is to winning in 2020!
PS: If you are looking for a makeup artist, or know someone who is, then please do share my website details with them: www.lauralouisemakeupartist.co.uk
Filed Under: Award nomination, Awards nomination, blog, County Brides, Make Up Artist Cheshire, The Mere Golf & Spa Resort, the north west wedding awards, The north west wedding awards 2019, Wedding Suppliers Tagged With: #NWWA19, Cheshire Makeup Artist, county brides, Mere Golf & Spa Resort, north west wedding awards
Two Further Award Nominations for Laura-Louise Makeup Artist
I have some FABULOUS Awards Nomination News to share with you all!
Last week, I received a message on Facebook saying:
“Congratulations! Your customers have been voting for you and we can officially confirm that you have been nominated for the North West Wedding Awards 2018. For further information and for you to ask your past customers to vote for you from the last 2 years. www.countybrides.com/awards
I was ecstatic to say the least!
Awards raise the profile of any business, especially new businesses. The brilliant thing is that they are voted for by my customers, my Brides who have already experienced me at work and my service from beginning to end.
Knowing that it can only be voted for me Brides adds even more sparkle to the news about being a nominated in the North West Wedding Awards 2018 so you can imagine my surprise on Monday morning when I opened up my email and read…..
Dear Laura,
I am delighted to inform you that Laura-Louise Makeup Artist has been shortlisted into the finals under the Freelance Hair & Make up Specialist of the Year category in the North region at The Welsh Hair and Beauty Awards – a big congratulations!
The full list of finalists will be revealed on the 16th of April 2018 _________________________________________________________________________
I can’t quite believe how incredibly lucky I am to have such wonderful Clients
I’m sitting here in my office in shock and I can’t quite believe how incredibly lucky I am to have such wonderful Clients who think that I am good enough to be nominated for an award. I consider myself very lucky to have been trained by the best that there is to offer and have also worked alongside a list of super talented wedding suppliers who have also been so supportive of me and my dream to be a successful makeup artist. Then there are the Brides, their Bridesmaids, their Mums, Mother-in-Laws and friends who like me and love my work…I’m just so incredibly lucky!
I’m feeling emotional just writing this….but if you are reading this, THANK YOU.
From the bottom of my heart. Thank you for nominating me and putting my name forward among so many wonderful makeup artists. I know it’s only April…but you have made 2018 a magical year for me, you really have
I will now go downstairs and break the news to my Daughter…no doubt you’ll hear the screams and see the fireworks as she bursts with excitement at the news! I’m glad you won’t see the horrendous celebratory happy dance we do in the kitchen when we are celebrating wonderful news! 😉
Laura-Louise x
Filed Under: Award nomination, award winning makeup artist, Brides, County Brides, makeup artist, North West Wedding Awards 2018, Welsh Hair and Beauty Awards Tagged With: award nomination, chester makeup artist, county brides, natural makeup, north west wedding awards, wedding make up, welsh hair and beauty awards
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Centres & Institutes » Oxford Intellectual Property Research Centre
- Type -BookCase NoteChapterEdited BookJournal ArticleInternet PublicationOtherPresentation/Conference contributionReportReview
P Mysoor, Implied Licences in Copyright Law (Oxford University Press 2021) (forthcoming)
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
D S Gangjee, 'Trade Marks and Innovation?' in Graeme Dinwoodie and Mark Janis (eds), Trademark Law and Theory II: Reform of Trademark Law (Edward Elgar 2021) (forthcoming)
Until relatively recently, there was a stable consensus: trade mark law had no necessary connection with innovation. This consensus was based on the origin indicating function of trade marks. There is no requirement for either the sign or the underlying product to be innovative and many protected marks consist of pre-existing words or images, such as the surnames Ford or McDonald.Trade mark law has therefore not only been historically indifferent to innovation, it has also actively policed this boundary with patent law. However cracks are beginning to appear in the consensus, for three inter-related reasons. (1) It has been suggested that successful branding generates a feedback cycle, which helps firms to recoup investments in R&D, while also encouraging such investments in the future. (2) Trade mark registrations are analysed as indirect and complementary indicators of innovation. They help to identify patterns of innovation, which can be useful for policy formulation. (3) Trade marks also help to protect and reward forms of innovation which cannot be accommodated in other fields of IP, such as service or marketing innovation. This chapter critically engages with these claims, to assess their normative implications (if any).
P Mysoor, 'When the Infringer is a Contractual Licensee' (2021) 43 European Intellectual Property Review 7
Copyright infringement in the UK is defined as the doing of a restricted act without the licence of the owner of the copyright. It is also an infringement of copyright if a person does have the licence of the copyright owner, but violates its terms. When a contractual licensee violates a term of the contractual licence, it does not automatically become a copyright infringement. While there are terms the violation of which results in an action for copyright infringement, there are also those that result only in an action for breach of contract – a classic example of the latter being the term stipulating the payment of a licence fee. However, this general distinction between these causes of action has an honourable exception. The violation of a term which may otherwise have resulted only in breach of contract results also in copyright infringement if there is a repudiatory breach. This article explores this relatively obscure area.
P Mysoor, ''Form' in conceptualising copyright as a property right' (2020) Journal of Copyright Society of the USA
In the UK, all works need to be recorded in some manner for copyright to subsist. While scholars acknowledge that this requirement exists, its teleological significance is not appreciated. This article argues that the need for record is a fundamental requirement in conceptualising copyright as a property right, which gives the content of copyright subject matter a form, demarcating its boundaries and triggering property protection. It analyses the rules governing form, which are sometimes expressly and sometimes impliedly stated in the statute, but not necessarily understood independently from other requirements of copyright subsistence. It goes on to explain why the need for form exists at all and why it exists as a precondition to copyright subsistence, unlike authors’ rights regimes, going on to argue that the need for form is compatible with EU law.
P Mysoor, 'Capturing the Dynamism of Fairness – A Common Law Perspective' in Daniel Gervais (ed), Fairness, Morality and Ordre Public in Intellectual Property (Edward Elgar Publishing 2020) (forthcoming)
D S Gangjee, 'Eye, Robot: Artificial Intelligence and Trade Mark Registers' in N. Bruun, G. Dinwoodie, M. Levin & A. Ohly (ed), Transition and Coherence in Intellectual Property Law (Cambridge University Press 2020) (forthcoming)
Trade mark registration systems exist to provide useful information. Registers tell us who owns what. Until recently, it was axiomatic that registers for marks were directed at human readers – an applicant for a trade mark, trade mark registry examiners, vigilant competitors, employees of search and watching agencies as well as the occasional judge. This list now has a new entrant. What are the implications for the registered trade mark ecosystem, when algorithms begin to efficiently and comprehensively read trade mark registers? This chapter outlines the adoption of AI-enabled similarity assessment technology by search agencies, trade mark registries and watching agencies. Building on recent improvements in semantic and image searches, these algorithms identify conflicts between marks at the registry level. They provide a heuristically helpful (upstream) snapshot of conflict risks, based on two dimensions of similarity: marks and goods. However this simplified assessment may unintentionally edge out the more complex multi-factor likelihood of confusion test in a wider range of situations, including trade mark infringement analysis. The limits of these algorithms must be borne in mind.
S Samtani, 'International Law, Access to Courts and Non-Retrogression: Law Society v. President of RSA' (2020) 10 Constitutional Court Review (forthcoming)
In 2014, the President of the Republic of South Africa, signed a Protocol to the SADC Tribunal which aimed at stripping the Tribunal of its individual jurisdiction. This, along with the President’s 2010 decision to effectively suspend the operations of the SADC Tribunal, was challenged at the Constitutional Court in Law Society v. President of RSA. The Court held that the President’s conduct was irrational, unlawful and unconstitutional on three grounds. In this article, I focus on the ground that the President’s conduct violated or threatened to violate the Bill of Rights and was therefore held to be unconstitutional. The right of access to justice is guaranteed through the right of access to courts under s 34 and the right to the enforcement of the Bill of Rights under s 38 of the Constitution. The right of access to courts ensures that rights-bearers have an effective remedy through the formal systems of justice. In Law Society, the Court engages in an expansive interpretation of s 34, to apply the right of access to courts to international tribunals. The Court held that South Africans have a right guaranteed by the Bill of Rights to access the SADC Tribunal. The President, in stripping the Tribunal of its individual jurisdiction, breached his duty to respect, protect, promote and fulfil the right under s 7(2). The reasoning behind this conclusion, however, is sparse. This leaves several unanswered questions about the implications of the judgment and the relationship between international law and domestic law. In this article, whilst agreeing with the outcome, I point to the gaps in the Court’s reasoning. I go on to highlight how the Constitution offers a framework for these gaps to be filled, and I briefly trace the various reasons that could have been employed by the Court in justifying its decision. In doing so, I split my analysis into three parts: first, I locate and analyse the Court’s holding in relation to s 34 and its extended application to the international plane. Second, I analyse the finding that there is a directly applicable ‘Treaty right’ that emerges from the SADC Treaty and its attendant 2000 Protocol in two ways: first, as a free-standing application of a provision of an international treaty under s 231, and second, as the application of international law as an interpretive framework under s 39(1)(b) for the proper interpretation of the right in s 34. I then go on to analyse the corresponding duty that arises from a proper interpretation of s 34 and the contours of this duty. I argue that although the Court does not explicitly invoke the principle of non-retrogression, Law Society employed a novel application of the principle to hold the President accountable under s 7(2). I explore the extent and limits of this holding, and explain how it is arguably in line with existing constitutional commitments. Finally, I discuss the implications of the Law Society judgment: for international dispute resolution mechanisms created by ratified treaties, the relationship between international and domestic law in South Africa, and access to justice.
D S Gangjee, 'Making a Place for Place-Based IP: WIPO and Geographical Indications' in Sam Ricketson (ed), Research Handbook on the World Intellectual Property Organization: The First 50 Years and Beyond (Edward Elgar 2020)
Building on developments at the national level, WIPO has played a key role in creating Geographical Indications (GIs) as a contemporary field of intellectual property (IP). Three main initiatives of WIPO have been influential in this regard. First, WIPO served as the forum for refining the GI concept eventually incorporated into Article 22.1 of the TRIPS Agreement, where it remains the international reference point. Secondly, commencing in 1988, dedicated WIPO symposia have identified topics which both reflect and inform the grammar and structure of international GI negotiations. These symposia form part of a broader pattern of activity, alongside reports for the Standing Committee on Trademarks (SCT), technical assistance programmes and the development of informational resources. Thirdly, WIPO is responsible for the operation of the Lisbon system for the international registration and protection of appellations of origin. The recent expansion of this system, culminating in the Geneva Act of 2015, exposed fundamental tensions relating to who has a say in multilateral law making and the extent to which specialized interests can be cross-subsidized by WIPO’s general membership. Disputes relating to the reform of Lisbon go to the heart of WIPO’s constitutional framework.
D S Gangjee, 'Sui Generis or Independent Geographical Indications Protection' in Irene Calboli and Jane Ginsburg (eds), The Cambridge Handbook of International and Comparative Trademark Law (Cambridge University Press 2020)
Geographical indications (GIs) signal provenance for regional products and function as valuable collective brands. They are increasingly protected by 'sui generis' or independent protection systems, which require the registration of a product specification. Over several decades the functions and features of these independent regimes have stabilized, forming recognizable patterns. This chapter unpacks what we mean by sui generis protection for GIs. It argues that sui generis GI registration and protection systems are important sites where GI theory meets GI practice. Traces of the distinctive, foundational normative commitments of GI protection can be seen in the architecture of sui generis GI protection.
S Samtani, Access to Educational Materials: the intersection between international human rights law and international copyright law, paper presented at Critical Research in International Law Doctoral Retreat (10-12 June 2019, Oxford)
D S Gangjee, 'Champagne' in Claudy Op Den Kamp and Dan Hunter (eds), A History of Intellectual Property in 50 Objects (CUP 2019)
P Mysoor, 'Does UK Really Have a ‘Closed’ List of Works Protected by Copyright?' (2019) European Intellectual Property Review 474
It is often claimed that the UK has a ‘closed list’ of works protected by copyright. While the Copyright Designs and Patents Act, 1988 does categorise works to determine their eligibility for copyright protection, does the very existence of categories make the list closed? Does it not depend on how open-ended each category is, before a conclusion on its exhaustive nature can be drawn? This article examines these questions taking a closer look at the textual aspects of the CDPA and explores using interpretive techniques what it means to use the inherent flexibilities of the CDPA to their fullest extent within the statutory framework.
P Mysoor, Implied Licence instead of “New Public”?, paper presented at EPIP, Oxford, 2016
P Mysoor, 'Review of Enrico Bonadio and Nicola Lucchi (eds), Non-Conventional Copyright, Edward Elgar Publishing, Cheltenham, 2018' (2019) Modern Law Review [Review] (forthcoming)
P Mysoor, Searching for Certainty Implying a Copyright Licence, paper presented at 19th Annual Intellectual Property Scholars Conference, Chicago, August 2019
A person infringes copyright if he exercises an exclusive right without the licence of the copyright owner. Copyright law in most jurisdictions also provides for statutory exceptions to balance competing interests addressing specific instances of permitted uses of copyright works to achieve specific policy objectives. US law also has broader and more flexible fair use provision. If a person’s actions are not covered by an express licence, by the statutory exceptions or by fair use provision, in common law countries it may be possible to imply a licence to cover these actions. In contrast to the rigidity of statutory exceptions, implied licences are characterised by their malleability to address more diverse circumstances as the need arises, achieving a fairer balance in allocation of interests. However, implication as a process is contentious and there are no established rules for implying a copyright licence. The uncertainty surrounding implying a copyright licence lies in not knowing the legitimate bases for implication and the extent to which the implied licence can extend under the given circumstances, resulting in courts not embracing implied licences as readily as they should. I argue that to allay the fears of uncertainty, one must address the process of implication itself, and make it more methodical and transparent. I draw inspiration from contract law, and in particular, the English common law rules of implication of a term into a contract, to guide the process of implying a copyright licence. Although much controversy also surrounds contractual rules of implication, contract law can inspire the legitimate bases for implication of a copyright licence. A term can be implied into a contract based on (a) the unexpressed joint intention of the parties to the contract; (b) a custom or usage in a particular trade; and (c) public policy to achieve broader objectives regardless of the intention of the parties. Applying these to copyright, a copyright licence can be implied based on (a) the unexpressed consent of the copyright owner ascertained from her conduct; (b) a custom or usage; and (c) public policy to achieve broader objectives. Having thus classified implied copyright licences based on the underlying justification for implication, at the next level certain frameworks can be developed under each basis for implication, in order to make the process of implication methodical and transparent, bringing certainty into the process of implication.
I Simon Fhima and D S Gangjee, The Confusion Test in European Trade Mark Law (OUP 2019)
Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations. This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office, by national courts, and by the CJEU. It offers practical guidance, while also evaluating more recent developments such as initial-interest confusion, post-sale confusion, the infringement of non-traditional marks and consumer responses to uses of trade marks on the internet.
S Samtani, 'The new copyright Bill could help unlock the doors of learning and culture' (2019) Mail & Guardian
S Samtani, 'Deporting Rohingya Refugees: Indian Supreme Court Violates Principle of Non-refoulement' (2018) Oxford Human Rights Hub Blog
On 4 October 2018, a three judge bench of the Supreme Court of India refused to stay the deportation of seven Rohingya refugees from India to Myanmar. These men were arrested and incarcerated in 2012 for the offence of entering the country without valid documentation. After having served their three-month sentence, they were detained for an additional period of six years. This deportation is a flagrant violation of India’s international human rights obligations.
P Mysoor, 'Exhaustion, Non-Exhaustion and Implied Licence' (2018) International Review of Intellectual Property and Competition Law 656
This article explores how exhaustion and non-exhaustion of certain rights can be more coherently explained using the common law doctrine of implied licence. Exhaustion, as the name suggests, only focuses on the effect of the first sale or other transfer of ownership of the original or the copy of the work on the copyright owner, namely the consumption of the distribution right. Although the consumption is distinctly for the benefit of the transferee of the original or the copy, the provisions in the directives on exhaustion do not reveal the effect of exhaustion on these transferees, nor the policy justifications that drive such consumption. These provisions only provide simplistically that the distribution of goods exhausts, but the provision of services does not. This leads to certain misconceptions that exhaustion cannot occur if the copy of the work is not in a tangible medium and that for all provision of services authorisation is required. The doctrine of implied licence can help address these concerns. Instead of regarding exhaustion as a statutory phenomenon, reframing it as a licence implied by statute changes the focus from the right lost by the copyright owner to the permission gained by the transferee. Further, the doctrine of implied licence is sensitive to the justifications that drive the implication of the licence, addressing the question as to why exhaustion must occur. Therefore, a framework called the Implied Licence Framework for Exhaustion is proposed here, which not only offers a better explanation for exhaustion and nonexhaustion, but also dispels the misconceptions.
S Samtani, 'Global South: India decriminalises homosexuality through Supreme Court verdict' (2018) Southern African Liaison Office
On 6 September 2018, after over twenty-four years of litigation, and several more of advocacy, the Supreme Court of India declared section 377 of the Indian Penal Code unconstitutional to the extent to which it criminalised homosexuality. A constitutional bench of the Court, comprising Justices Malhotra, Nariman, Khanwilkar, Chandrachud, and Chief Justice Misra, held that the criminal provision was used to prosecute, harass, and blackmail the LGBTI+ community, including people who engaged in consensual sexual acts with same-sex partners, and it therefore flagrantly violated the equality, dignity and privacy guarantees of the Constitution of India.
L Bently, B Sherman, D S Gangjee and P Johnson, Intellectual Property Law (5th edn OUP 2018)
Intellectual Property Law is the definitive textbook on this subject - an all-embracing and detailed guide to intellectual property law. It clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, whilst enlivening the text with illustrations and diagrams. (NB: Dev Gangjee has taken responsibility for Section IV: Trade Marks and Passing Off from the 5th ed.)
D S Gangjee, 'Paying the Price for Admission: Non-Traditional Marks across Registration and Enforcement' in I Calboli and M Senftleben (eds), Non-Conventional Marks: Critical Perspectives (OUP 2018) (forthcoming)
This chapter makes the case for joined-up thinking when approaching non-traditional signs in trademark law. Over the past three decades, trade mark registration has moved from up-front exclusions for certain categories of signs (no shapes, no colours) towards cautious and incremental acceptance. However the policy concerns generated by the grant of legal monopolies in such signs remain equally relevant today. The grant of an abstract colour mark to one trader closes off a part of the colour spectrum to others. Can we therefore allow such signs in to the system while successfully managing the tensions generated by their admission? Responding to this challenge, this chapter explores two potential responses. First, when permitting such marks to be registered, should we correlate the mark as characterised at the time of registration—agreeably modest in its scope and ambitions—with the mark as deployed in an enforcement context, where it otherwise tends to be read more generously? Second, when it comes to regulating non-traditional marks, should we move beyond historic upstream solutions—in the form of exclusions from registrability—and proactively consider additional scope limitation mechanisms when applying infringement tests and defences? Drawing on a range of EU and US decisions across various categories of non-traditional marks, the chapter argues that both questions should be answered affirmatively. Section II reviews the manner in which non-traditional marks came to be accommodated within trademark registration systems. Section III focuses closely on the characterisation of the mark at the time of registration. Trademark registration calls for a non-traditional mark to be depicted or represented (always), described (often) and classified according to type (where possible). This characterisation has profound consequences, as the ongoing Louboutin (C-163/16) red-soled shoes litigation before the Court of Justice demonstrates. Once characterised, the mark is then channelled into the relevant stream of substantive examination analysis. Since characterisation matters, applicants have learned to adapt, in order to overcome obstacles to registration. However where characterisation techniques have been used to subvert substantive criteria, registries and courts have responded by overriding the applicant’s own preferred characterisation with an objective assessment of the mark’s content. Section IV outlines the importance of consciously connecting the scope of the mark as characterised for the purposes of registration with its scope for the purposes of infringement. Section V concludes.
P Mysoor, 'Proprietary Estoppel and Copyright Law' (2018) King's Law Journal 470
In the copyright context, courts have applied proprietary estoppel to assess whether an implied bare copyright licence has become irrevocable. In doing so, courts have derived principles of proprietary estoppel developed in land law. However, in the land law context, in the last few decades, courts have moved towards a unified approach to proprietary estoppel, resulting in a loss of nuance. In particular, the acquiescence-strand of proprietary estoppel has fallen been neglected in this process of unification. This article argues that in order to do justice in copyright cases, the acquiescence-strand of proprietary estoppel must be resurrected, and the trend in land law towards a unified approach must be reversed, bringing more nuance into the assessment of proprietary estoppel in copyright cases.
P Mysoor, Reflecting the dynamism of ‘fairness’ in copyright law: a users’ rights perspective, paper presented at ATRIP, Helsinki, August 2018
Copyright law takes a formalistic approach to fairness, especially in relation to the users’ rights. There is a presumption of fairness in the protection of the owners’ rights. In the circumstances where it is fairer for the users’ rights to be given effect to as opposed to the owner’s rights, this formalistic approach finds expression in most jurisdictions, in specifically crafted and narrowly defined statutory limitations and exceptions. Even if these exceptions have some open-endedness in the form of fair dealing provisions in most jurisdictions, there is an underlying mandate as to the circumstances within which the use should be found fair – such as research, review or criticism. Further, certain jurisdictions such as the EU declare in their laws that the list of statutory limitations and exceptions is a closed list. However, fairness may not always lie within the four corners of the express provisions of the limitations and exceptions. Fairness is far too dynamic to be captured within the statutory provisions or the legislative process, especially in the current technological milieu. In this vein, section 171(3) of the UK Copyright, Designs and Patents Act, 1988 had been enacted to preserve the open-ended powers of the common law judges to prevent or restrict copyright enforcement in public interest. An historical review of cases reveals that the judges have exercised this power to achieve a fair result where no other statutory limitation or exception could assist. Some commentators believe that the implementation in the UK of the Information Society Directive (2001/29) requiring the list of statutory limitations and exceptions to be a closed list has reduced the scope of s 171(3). This paper explores the scope of the common law powers under this provision, its legislative history, its survival since the enactment of the Information Society Directive and its potential role upon Brexit.
D S Gangjee, 'Trade Marks and Allied Rights' in R Dreyfuss and J Pila (eds), The Oxford Handbook of Intellectual Property Law (OUP 2018)
This chapter outlines the principal features of trade mark protection regimes, drawing primarily on EU and US materials to illustrate the underlying legal issues. It includes an outline of the principal allied rights; namely (i) unfair competition, (ii) passing off, (iii) publicity rights, (iv) geographical indications, and (v) domain names. The overview traces the incremental re-orientation of trade mark regimes in recent decades as they have moved beyond their traditional remit of origin-indication protection in response to claims that brand image needs to be better accommodated. In some cases, the ensuing broader scope of protection can have a detrimental impact on speech and inhibit marketplace competition. A draft is available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2923890
The Annual Oxford International Intellectual Property Moot
OIPRC Invited Speaker Series
OIPRC Members
OIPRC Useful Links
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Police blotter: Woman charged with stealing from Wal-Mart
NORTH LEBANON
Retail Theft: Valerie Jordan, 21, of 516 E. Weidman St., was charged for stealing merchandise valued at $92 and $398 in cash while working at Wal-Mart, 1355 E. Lehman St., from Feb. 2 to Feb. 23, police said.
Fire Alarm: City fire crews were dispatched at 5:33 p.m. Tuesday to 833 Chestnut St. for an activated second-floor bedroom smoke detector.
Fire Alarm: City fire crews were dispatched at 9:29 p.m. Tuesday to Lebanon Farmers Market, 35 S. Eighth St.
Fallen Branch: City fire crews were dispatched at 10:43 a.m. Wednesday for a large branch that had fallen on a house at 214 S. Lincoln Ave.
Low Wires: City fire crews were dispatched at 3:10 p.m. Wednesday to Cumberland and 12th streets.
Marijuana: Edwin Gonzalez-Perez Jr., 28, of 501 Maple St., Lebanon, was charged with possession of marijuana and possession with intent to use drug paraphernalia following a traffic stop on South 21st Street at 10:44 p.m. Friday, police said.
Crash: Vehicles driven by Barbara Mase, 64, of 109 S. Third Street, Lebanon and Kristen Yeagley, 46, of 939 Tuck St., collided when both were backing out of the parking lot at CVS pharmacy, 2200 W. Cumberland St., at 12:21 p.m. Tuesday, police said. No injuries were reported.
Wildfire: Crews from Fort Indiantown Gap, Green Point, Lickdale, Ono, Jonestown and Bellegrove fire companies, and ambulances from Fort Indiantown Gap EMS and First Aid & Safety Patrol were dispatched at 12:43 p.m. Wednesday to Clement Avenue and Asher Miner Road.
Harassment: Jessica Watkins, 35, of 144 W. Main St., Myerstown, has been charged for several recent incidents involving Andrew Magyar of 269 Rexmont Road, police said.
Deer Struck: A vehicle driven by Victor Batista, 28, of 244 Mifflin St., Lebanon, struck a deer on Route 72 at Route 322 at 7:32 p.m. Saturday, police said. No injuries were reported. The deer fled.
SOUTH LONDONDERRY
Wires Sparking: Campbelltown Fire Co. was dispatched at 7:06 a.m. Wednesday to South Forge Road and Horseshoe Pike.
Wires Down: Avon Fire Co. was dispatched at 7:50 a.m. Wednesday to 2000 Allegheny St.
NORTH ANNVILLE
Tree Down: Union Water Works Fire Co. was dispatched at 8:43 a.m. Wednesday to Ono Road and Harrison Drive.
Tree on Wires: Fredericksburg Fire Co. and a First Aid & Safety Patrol ambulance were dispatched at 11:09 a.m. Wednesday to Maple Drive and Pine Grove Road.
Marijuana: Nicholas Paioletti, 28, of 50 N. Railroad St., was charged with possession of marijuana, possession of drug paraphernalia and several traffic violations after being stopped in the 700 block of East Main Street at 2 p.m. Saturday, police said.
Soliciting explicit photo: A 12-year-old Palmyra-area boy was charged for criminal solicitation to transmit a sexually explicit image of a 12-year-old Palmyra-area girl after she reported he asked her to send a nude picture of herself via social media on Dec. 2, police said.
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Summary MUD History
MUD History, Who Invented MUD's, How MUD's Were Invented
– Richard Bartle
At this time, there was an experimental packet-switching system (EPSS) linking Essex University to ArpaNet in the USA. In Spring 1980, we got our first few external players logging in and trying the game out (one of whom I met recently by complete chance in a hotel in Annapolis, MD).
– Richard Bartle; Early MUD history; 15 Nov 1990.
Who invented MUD’s? The first popular computer adventure game was called Adventure, created by Will Crowther and Don Woods in the mid 1970’s. The first MUD, an adventure game with multiple players, was invented by Roy Trubshaw and Richard Bartle at Essex University in England in 1978.
The “D” in “MUD” is described in the history below as a tribute to an earlier computer game with roots in an even earlier one, not a reference to the populate fantasy game Dungeons & Dragons (D&D). At the same time, the early computer adventure games were partly influenced by D&D in that several of the game developers, including Will Crowther, Dave Lebling, and Richard Bartle, were D&D aficionados. D&D was created by Dave Arneson and Gary Gygax in the early 1970’s, and involve intricate, complex games where players take on the aspects of characters from fantasy worlds — warrior, wizard, shaman, prince — acquire and lose magical powers, and progress through fantastic adventures involving travel through wild and wonderful worlds. The game was usually progressed by the roll of one or more multi-sided dice based on the five platonic solids, and could go on for days, weeks, or months.
Whether one game influenced the other, or it is simply that the concept of an adventure fantasy world is a deeper archytype of our collective human subconscious, both D&D and MUD’s share an essential characteristic: whether played with dice in a college dorm or with a computer on the Internet: the complex, alternate reality they describe takes place primarily in the players’ imaginations.
Major milestones in the development of MUD’s are described below:
Adventure. The first widely used computer adventure game was created in 1975 by Will Crowther on a DEC PDP-10 computer, and coincidentally had earlier also worked on the ARPANET IMP. The game was then significantly extended in 1976 by Don Woods at Stanford University. It was called “Adventure”, but was often referred to as “ADVENT” since the length of a file name on the TOPS-10 operating system was limited to six-letters. Containing many of the features of a D&D game, it added an interesting twist — the dungeon master, the person who set-up and ran a D&D world, was played by the Adventure computer program itself.
Zork. Inspired by the game Adventure, Dave Lebling, Marc Blank, Tim Anderson, and Bruce Daniels, a group of students at M.I.T., wrote a game called Zork in the summer of 1977 for the PDP-10 minicomputer which became quite popular on the ARPANET. A version called DUNGEN was later developed in the FORTRAN language by a programmer at DEC, and ported to many different machines. In 1980, Blank and Joel Berez, with some help from Daniels, Lebling, and Scott Cutler, produced a version for the company Infocom that ran on the TRS-80 and Apple II microcomputers, and was later ported to several other microcomputers. Although Zork did not borrow any code from Adventure, it built on the same concepts and added several more features. Like Adventure, Zork was a single player game.
MUD. The first Multi-User Dungeon was usually just called MUD, and was written in 1978 by Roy Trubshaw, a student at Essex University in England, originally in the MACRO-10 language for a DECsystem-10 computer. MUD was the first adventure game to support multiple users. The name was chosen partly as a tribute to the DUNGEN variant of Zork, which Trubshaw had greatly enjoyed playing. Trubshaw converted MUD to BCPL, and then handed over development to Richard Bartle, also a student at Essex University in England (see Early MUD History and Interactive Multi-User Computer Games). The success of that game then spawned a number of similar developments across Britain, including AMP, Gods, and Shades.
The original MUD was available on the UK CompuNet network for two years until the DECsystem-10 computers were decommissioned. A version of MUD also ran on the Compuserve network in the U.S. under the name “British Legends”, and on the sites “craic.iol.ie” and “portal.aladdin.co.uk”. You can still play the original version at British-Legends.com, a web version converted by Viktor Toth from BCPL into C/C++ in a thirteen day marathon. Foreseeing the future popularity of the game, fortunately Bartle put the word “MUD” and the concept into the public domain. In his words: “MUD development had been funded by public money, therefore I felt the fruits of this should be returned to the public”. Bartle and Trubshaw have continued to be involved in MUD’s and gaming, and are currently Directors of MUSE.
AberMUD. One of the first adventure MUD’s was AberMUD, named after the university where it was written, University of Wales at Aberystwyth. In 1988, AberMUD and related versions spread on the Usenet newsgroups and started being used in North America, after which their use spread rapidly among research and academic organizations.
Tiny MUD. Jim Aspnes, a graduate student at Carnegie Mellon University, wrote the first TinyMUD in one weekend in 1989, and deployed it on port 4201 on the machine “lancelot.avalon.cs.cmu.edu”. Tiny MUD’s focused less on combat, and more on virtual problem solving, user cooperation, and social interaction and among the MUD visitors. This social focus, together with the fact that TinyMUD ran on a wide variety of Unix systems, helped fuel the popularity and growth of MUD’s around the world.
LPMUD. The original LPMUD was written by Lars Pensjl and others, and became one of the most popular MUD’s by the early 1990’s. Oriented towards gaming and combat, it was the first extensible MUD.
MOO. The concept of a MOO was introduced by Pavel Curtis in 1996, extending the concept of a configurable MUD with a built-in object-oriented language.
Resources. The following references provide more information:
Lawrie, Michael; Parallels in MUD and IRC History; July 2002.
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Benton County Courthouse
Corvallis City, Benton County, OR
Benton County Courthouse Map
Post Office: Corvallis
The Benton County Courthouse was listed on the National Register of Historic Places in 1978. Portions of the content on this web page were adapted from a copy of the original nomination document. [‡]
The Benton County Courthouse, sited on a full block, is a major landmark in downtown Corvallis. Narrowly missing becoming the state capital in 1855, Corvallis, in the heart of the Willamette Valley where the Marys River empties into the Willamette River, later became home of the state Land Grant College. The Benton County Courthouse, dedicated on July 4, 1888, was designed by Portland architect Delos D. Neer in the High Victorian Italianate style.
The extreme dimensions of the building are 73x116 feet. The plan is H-shaped: the end blocks rise three stories above the daylight basement, and the connecting center wing is two stories in height. The 32-inch thick walls of the basement are of heavily rusticated ashlar grey granite, and the rest of the structure is stuccoed brick. The first story is rusticated and the upper stories are plain with string courses and quoins in low relief. The whole is surmounted by a bracketed cornice with classical detail and a hipped roof.
A tower-like pavilion and single-story portico on the east end make the entrance. A female head is carved in the portico arch keystone. A broken pediment is set in the tower cornice, in which stands a Goddess of Justice, probably cast tin, the last example of its type in situ in the Willamette Valley. The tower rises one story above the pediment, then tapers inward with a mansard-like roof to the cubical clock block above, which is crowned with a pyramidal roof. There are two bells in the tower, as well as the large pendulum and weights of the original clock mechanism. The clock is now electrically powered. The one-word legends carried on each of the clock faces add up to "The Flight of Time." There were originally eighteen chimneys on the roof, which have been removed. Otherwise, the exterior remains unaltered and in good condition.
For a period of at least ten years, the Benton County Courthouse has been generally recognized by the County Commissioners and the community as a historic property worthy of preservation. Nevertheless, with demand for increased services, the County was pressed to seek room for expansion.
Following the failure of a bond issue for construction of a new courthouse in 1974, Benton County embarked upon a facilities-expansion program which was aimed at reserving the courthouse exclusively for Court-related activities. A two-story Health and Law Enforcement Unit was erected on the neighboring block due west of the courthouse, and a Corrections Division wing was added to the historic courthouse structure. The latter replaced a single-story, detached jail dating from 1929. The new facilities were opened for use in 1976. The Corrections Wing is joined to the central section of the north elevation of the courthouse. It covers an area of approximately 50x43 feet. Except for a central utility superstructure, it is one story above grade and, consequently, does not obscure one's view of the courthouse. It is a concrete block construction with form-textured concrete facing and ribbed steel roofing. The overall color of the new wing, which is grey, blends reasonably well with the high masonry ground course of the courthouse. The perimeter and southerly half of the courthouse block retain the parklike atmosphere created by mature shade trees, lawn, box hedges, and occasional bedding plants.
The Benton County Courthouse interior was remodeled piecemeal over the years. For example, ceilings were lowered, certain spaces subdivided, heating and lighting systems upgraded, and so on. One of the two stairways originally at the east or formal entrance end, was removed and replaced by an elevator. Benton County is now proceeding with a renovation and restoration plan which achieves a satisfactory balance between preserving historic features of the building's interior, on the one hand, and providing additional usable space in support of the Courts, on the other.
The original floor plan provided one large central Circuit Courtroom on the second floor with offices and smaller Courts in the wings and on other floors. In order to maintain all of the Courts and related functions under one roof, the original Circuit Courtroom will remain divided, though not precisely as it is now [1977], and undeveloped spaces will be utilized. Because most of the alterations were additive in nature, much original finish work, including plaster ceiling ornament and white pine wainscoting, will be revealed. Where necessary, new details will match or blend with the original in style. Much of the original courtroom furniture is still in use in the building.
The Benton County Courthouse is understood to be the oldest standing active courthouse in Oregon. It was dedicated on July 4, 1888. Its architectural style is High Victorian Italianate, and it remains in remarkably sound condition.
One of the smallest counties in Oregon, Benton County has an area of less than 670 square miles. It lies in the mid-section of the Willamette Valley, south of Portland. It was established in 1847 by the Provisional Government and named for Thomas H. Benton, US Senator from Missouri, a strong advocate of the Oregon Country. The 1888 population of Corvallis, county seat for Benton County, was about 1,500. Passenger train service came in 1880, but riverboat travel continued long after that time. As late as 1887 the catalog of Oregon Agricultural College, now Oregon State University, advised students to reach Corvallis from the north by riverboat. The population of the county is now about 50,000. Some 30,000 reside in Corvallis.
The first courthouse was constructed in 1855. It was replaced in 1888-1889 by the present one, which is the oldest active courthouse in the state. The first one cost $6,200, part of which was withheld from the contractor because of poor workmanship. The present Benton County Courthouse cost about $70,000 and was financed by a two-mill levy. It was authorized in 1888, and constructed in 1888-1889. A new jail was built at the same time to the south of the courthouse. It cost an additional $14,500. The original jail was succeeded by a single-story, tile-roofed structure on the north in 1929 and, more recently, by the single-story Corrections Wing of 1974-1976,
Delos D. Neer of Portland was the architect for the Benton County Courthouse. He was born in Charlottesville, New York in 1847. During the Civil War he served in the Union Army and participated in several battles, including the campaign of the Shenandoah Valley under the command of Phil Sheridan. Following the war he became an apprentice builder and earned journeyman carpenter status in 1868. He married in 1869 but his wife, Alfrelia, died in 1873 following the infancy death of their two children. Neer moved to San Francisco in 1875, where he practiced his trade. From California he journeyed to Portland in 1879 and began a serious study of architecture. The following year he opened an architectural office in East Portland which proved to be successful. Besides the Benton County Courthouse, he designed several other county courthouses in Oregon including the Washington, Clackamas, and Lake County courthouses, and the Snohomish County Courthouse in Snohomish, Washington. He was the architect of the Barr Block, one of Portland's early imposing business blocks. Neer designed many other buildings in Oregon and was active until his death in 1917.
The Benton County Courthouse was built of native stone and brick made on the site. The sand for the exterior stucco and interior plastering was shipped to Corvallis in sacks from Lewisville, Washington Territory. It was brought to Portland on a barge in a loose state and then placed in sacks and transferred about the distance of a block to the river steamer Bently, then taken to Salem, transferred to the smaller barge Three Sisters, and carried to Albany. At Albany it was loaded on rail cars for the final leg to Corvallis. A February 22, 1889 article in The Corvallis Gazette explained why: "The contracts call for the very best material in building this structure and, as no sand suitable could be procured at any nearer point this is the reason why it is brought from the above point (Lewisville)."
Nineteen large stones, eleven of which are as long as the front entrance of the courthouse is wide, were procured in San Francisco. They were utilized for the steps; their thickness being around eight inches and width around 16 inches.
A "Journal of the Benton County Court" for 1888 provided the exact costs for most of the construction work and materials at a total of $67,145.41.
Although the boiler and hot water were installed at time of construction, almost every room had a chimney connection for a wood-burning stove. Some of these were used. The eighteen small chimneys that once lined the roof have been removed. The building was piped for acetylene gas lights. The pipes can still be seen in the first floor hall.
The Howard tower clock was installed soon after the building was finished. It used weights for power which needed to be re-wound every week, a two-hour process. The weights and huge pendulum are still in the tower.
The old city fire bell is also there. It was tolled by a rope that ran through the upper floors, and down the front stairwell to the front door.
The Benton County Courthouse was erected in approximately one and one-half years. Although it is the oldest constructed courthouse in active use in Oregon today, its architectural integrity is intact and its condition is excellent. Moreover, a recent construction program which respected the courthouse as the focal element of an enlarged complex was completed to good effect in 1976. The county is now [1977] embarked upon a renovation and restoration plan for the interior of the courthouse, now wholly devoted to activities of the Courts.
Mines, H.K., compiler, An Illustrated History of the State of Oregon (Chicago: Lewis Publishing Co., 1893), 646-647. Note on the architect, Delos D. Neer.
Strand, A.L., correspondence as Benton County Commissioner to Byron Weston Co., Dalton, Mass., December 18, 1968. Establishes that Benton County Courthouse is oldest courthouse in Oregon still in use for original purpose. Attachments include abstracts from the Journal of the Benton County Court, 1887-1888.
Stadsvold, Cy, AIA, Benton County Courthouse Study (Corvallis, 1977). Renovation plan and history of the Courthouse. Includes bibliography.
‡ David W. Powers, and Paul B. Hartwig, Historican, Oregon State Historic Preservation Office, Benton County Courthouse, Corvallis, OR, nomination document, 1977, National Park Service, National Register of Historic Places, Washington, D.C.
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What makes a democratic people?
in Democratic inclusion
Chapter DOI:
Open Access (free)
ABSTRACT / EXCERPT
Rainer Bauböck has offered a fascinating and wide-ranging analysis of a question that is often now referred to as "the democratic boundary problem". This chapter begins to discuss how a democracy might function, what decision rules it should use, and how it should be constituted. It addresses questions of jurisdiction first, and concludes that, for economic and other reasons, it makes sense to have a single state in the region covered by the state of Israel and the occupied territories. The chapter considers the composition of the citizen body who should govern it, as well as other questions concerning the institutional form that democracy should take in that area. It illustrates how one-state or the two-state solution makes a difference, whether the question is about jurisdiction or about inclusion in the demos.
Rainer Bauböck has offered us a fascinating and wide-ranging analysis of a question that is often now referred to as “the democratic boundary problem”.1 How does this problem arise? Before we can begin to discuss how a democracy might function, what decision rules it should use, and so forth, we have to decide how it should be constituted. But on closer inspection, this turns out to raise two questions rather than one. The first is the question of jurisdiction: over what domain is the democratic body we are about to constitute authorized to take decisions? By a domain here I mean a geographical area – a territory – within which the decisions that the democracy is going to take will be applied.2 Then there is the question of inclusion: who will form part of the relevant demos that makes these decisions, in the sense of being eligible to vote in elections and referendums, stand for office, and so forth? These two questions are obviously intertwined. Indeed one might be tempted to think that by answering the jurisdiction question one has also found the answer to the inclusion question: the demos should be made up of all and only those who fall under the jurisdiction of the democratic unit we are about to create. But, as Bauböck's admirable discussion makes abundantly clear, this is far too simple an answer. Both jurisdiction and inclusion pose intractable questions for democrats. Moreover, these questions are not just theoretical. The first arises in practice whenever one state annexes territory that previously belonged to another, altering jurisdictional boundaries, or when a region within a state secedes to form a state of its own. How, if at all, might such domain changes be justified? And the issue of inclusion arises whenever democracies have to decide who among the many people present on their territory at any moment should qualify for full rights of citizenship, as well as who among those currently outside the territory might also qualify.
How, then, should we think about these two interrelated boundary problems? Can the same principles guide us towards solutions to both, or do they have to be addressed independently? And which needs to be tackled first? You might think that jurisdiction is the more basic problem: we need to establish the size and the shape of the political unit that will be governed democratically before we can decide who should be entitled to take part in running it. We could, for instance, try to settle the domain question on functional grounds. Suppose our aim is to create a democratic state: then we should form a unit that is neither so small that it cannot carry out the basic functions of a state, whatever those turn out to be, nor so large that it becomes too unwieldy to be governed democratically. We might also appeal to geographical or economic grounds for choosing a particular jurisdictional space. Having sorted out which principles should apply to jurisdiction, we could then go on to tackle the inclusion issue, with at least a strong presumption that all those who fall within a democracy's jurisdictional domain should be included in the demos. However, we could also proceed quite differently. We could begin by asking: what must a group be like if it is to form an effective demos – one that can operate in the way that we hope a democratic body should? In asking this, we make the assumption that not just any randomly selected set of individuals could compose such a body; a collective that is able to work as a viable democracy must have certain essential features – the members must speak a common language or languages, for example. Then, having arrived at principles for constituting demoi, we would settle the jurisdiction question by drawing boundaries in such a way that as far as possible each set of boundaries enclosed a viable demos. If for some reason the As and Bs can't work together democratically, then we should try if we can to give each group their own area of jurisdiction, perhaps even their own state.
The discussion in the previous paragraph might create the impression that we have to solve the boundary problem starting from scratch, in a world where no boundaries yet exist, which is of course absurd. The point, however, is that we do face jurisdiction and inclusion problems in the world as it is, with boundaries already drawn, and then we have to decide in which direction to look for guidance. Suppose for instance we had to adjudicate between possible solutions to the Israel/Palestine problem. We might begin by addressing questions of jurisdiction first, and conclude that, for economic and other reasons, it makes sense to have a single state in the region now covered by the state of Israel and the occupied territories. Having settled that issue, we would move on to consider the composition of the citizen body who should govern it, as well as other questions concerning the institutional form that democracy should take in that area. Alternatively, we might take the composition of the demos as our most basic question, and ask whether Israelis and Palestinians together could form one. If the answer to that question turns out to be “No”, then we would approach the jurisdiction issue on the assumption that two separate units – quite possibly two independent states existing side by side – need to be created. My point here is not to suggest that either the one-state or the two-state solution is necessarily to be preferred, but to illustrate how it makes a difference whether the question we first ask is about jurisdiction or about inclusion in the demos.
But where should we start? This will depend on how we understand democracy and the values that underlie it. Here we need to draw another distinction. Democracy, uncontroversially, is a way of making political decisions. But we can focus our attention either on the input side of any decision or series of decisions, or on the output side. That is, we can investigate how a decision came to be made, how good or bad the process was that led to that particular decision being reached; or we can investigate the impact that a decision will have on the people being affected by it, asking in particular whether the needs or interests of those people were properly taken into account when the decision was made. From a democratic perspective, both of these aspects should matter. Presumably we want democratic decision procedures to meet certain standards internally. We want the decisions that are reached to be mutually consistent, for example; we want them to be informed by the relevant evidence, where appropriate; we don't want majorities to ride roughshod over minorities within the demos. But we should be concerned about impact as well. Something has gone wrong if a democratic institution, no matter how well functioning internally, takes decisions that may inflict serious harms on people who are not represented in the body that decides. We cannot just assume that good procedures will always take proper account of the interests of those who have no say in the process itself: “no taxation without representation”, as the old slogan has it. So both aspects are important, but how we weight them relative to one another may depend on our underlying conception of democracy, as I have argued elsewhere (Miller 2009).
Most of Bauböck's discussion addresses the impact side of this debate: he is trying mainly to pin down the kind of impact that will entitle its recipient to participate in a democratic body. I shall shortly be discussing the various answers to the impact question that he canvasses, but first we should observe that he is also sensitive to the issue of functioning. He recognizes that a viable demos must possess certain features, in particular a sufficient degree of stability. This emerges in the course of his very interesting discussion of mobile and sedentary societies. As he notes:
Democracy also needs a sense of “ownership” and belonging to the polity. It is difficult to imagine how hypermobile populations could be citizens of the territorial polity who authorize the government that issues and implements the laws to which they are subjected. If there is a relatively sedentary core population, then immigrants can integrate into the society while emigrants can remain connected to it across borders. Where there is no such core, it will be difficult to generate among territorial populations a sense of responsibility for the common good of the polity. (p. 17)
This is important, though I shall later argue that Bauböck does not pursue the idea to its logical conclusion. In particular it exposes for what it is the fantasy that democracy could work on an ad hoc basis, with different constituencies being assembled to decide each issue as it arose. So already we can see that attending to the process side of democracy will place some constraints on the possible answers one might give to the impact question. Solutions to the latter question that are incompatible with the thesis stated in the paragraph above ought to be summarily rejected.
Despite this, Bauböck begins by considering sympathetically the all affected interests (AAI) principle, according to which “all those whose interests are affected by any possible decision arising out of any possible agenda must be included in the demos” (p. 22).3 Taken literally, this would mean that the demos must be global in scope, since any decision taken by a less inclusive body is liable to affect the interests of at least some outsiders, and Bauböck recoils from this conclusion, arguing that democracy presupposes the existence of a plurality of bounded political communities. Nevertheless, he concedes to the defenders of AAI that “those whose interests are affected by a decision have a democratic claim that their interests be taken into account in the process of decision-making and implementation” (p. 20). It is not entirely clear what is needed to satisfy this claim: do the interests of outsiders have to be represented in some way when the decision is taken? There are moments at which this seems to be Bauböck's view. He says “actually affected interests have a claim to voice. They must be heard and taken into account by those who take the decision” (p. 24). But this is immediately equated with having a “right to justification of the decision”, which seems less to do with having a voice before the decision is made and more to do with the decision itself being such that once taken it can be justified to all those whose interests it affects – a substantive rather than procedural requirement.
Rather than trying to find a version of AAI that renders it consistent with the sedentarist thesis that democracy requires a bounded territory and a relatively stable core membership, it would be better simply to drop AAI altogether as a solution to the boundary problem. It is, after all, highly implausible in the canonical form cited in the previous paragraph. Consider an example. The British Chancellor decides to raise consumption taxes to finance rising health care costs. British consumers have a bit less disposable income and decide to cut back on Mediterranean holidays. This, obviously, has an impact on the livelihoods of the island-dwellers for whom tourism is the main source of income. Perhaps the marginal beach-bar owner will be forced out of business. Should he or she have a voice in the Chancellor's decision? Is the Chancellor even required to justify his decision to the bar owner? I take the answers to these questions to be obvious, but it may still be worth spelling out why. Anyone who sets up a beach-bar on a Greek island must expect that tourist flows will vary significantly from year to year and take appropriate precautions (save in the good years, have a second line of work for the bad years, etc.). They have entered a market, and markets are not only unpredictable in general but are also affected by government decisions (including foreign government decisions) over things like monetary policy and tax rates. Like human beings everywhere, beach-bar owners are responsible agents who need to protect themselves against decisions over which they neither have control in fact, nor are entitled to have it normatively. To have to justify ourselves to everyone whose interests we might affect by our actions would make it impossible for people to act at all, except in the rare cases where what we do is fully self-regarding – that is, has no perceptible impact on anyone other than the agent herself.
Defenders of AAI will protest that I have caricatured their principle by taking a case like the Mediterranean beach-bars. They are concerned with much weightier instances in which governments take decisions that impact outsiders – refugees, climate change, nuclear waste, and so forth. What this reveals, however, is that any plausible claims that might be advanced under AAI are better understood as falling under a Global Harm Principle (GHP), which among other things prohibits countries from causing serious and unavoidable harm to those outside their borders.4 In contrast to AAI, GHP only considers as relevant cases where interests are affected negatively, cases where the setback to interests is serious and cases where the setback cannot reasonably be avoided by prudent action on the affected agent's part. Where it is likely that a decision will be taken that breaches GHP, there may often be good reason to listen to the voices of those who are liable to be harmed, since they will be best placed to explain how the harm can be averted, or, if that is not possible, compensated for. So there are occasions when people outside of the demos do have a right to be heard by those inside – Bauböck's conclusion is correct, but the principle that delivers it is GHP, not the wildly over-inflated AAI.
Let me turn, then, to the second principle of inclusion that Bauböck considers sympathetically (but ultimately rejects, at least as a comprehensive solution): the principle that all subject to coercion (ASC) by a democratic institution are entitled to participate in that institution. What does it mean to be subject to coercion? As Bauböck's discussion makes clear, he is thinking primarily of the case in which someone is governed by a legal system that uses coercive sanctions, not of isolated acts of coercion. This distinction is important. What lends plausibility to ASC is the thought that a coercively enforced legal system shapes people's lives in a fundamental way, and potentially exposes them to domination. To guard against this possibility, they must be given the opportunity to control how that system operates. The principle does not imply that whenever anyone is subjected to coercive force, they are entitled to a democratic say in how that force is exercised – a position that quickly reveals its absurdity.5
ASC tells us why everyone who is permanently resident in a country and subject to its government ought to be included as an equal participant in democratic institutions. Does it over-extend democratic rights by demanding that every immigrant who intends to stay must be granted full rights of citizenship immediately? Here we see why, in thinking about the democratic boundary problem, it is important to keep both the question of impact and the question of how democratic procedures are likely to operate in full view. When democracies require a period of some years of residence to elapse before immigrants can apply for citizenship, they do so (presumably) on the basis that new arrivals need to learn something about the politics of the country they are joining before they are given the responsibility of casting their votes. No doubt some will be prepared for this sooner than others, but a uniform residence requirement operates in the same way as a uniform age requirement for voting – as a rough indicator of when somebody is likely to be sufficiently competent to perform as a citizen in a democracy. So ASC can't be treated as providing necessary and sufficient conditions for inclusion; it needs to be used in conjunction with other principles, such as the presumptive competence principle just sketched. Nevertheless it carries a good deal of the weight, and in particular, as Bauböck emphasizes in the later stages of his essay, provides the best rationale for giving everyone who is resident in a local community voting rights in that community, regardless of their citizenship status.
What guidance can ASC provide in the case of those who are not resident in the relevant jurisdiction? As Bauböck says, it awards rights to those who are temporarily abroad but expected to return (since their lives overall will be shaped by the policies of the home government), but not to those who have emigrated on a permanent basis: if they are allowed to remain citizens with the right to vote, it must be on some other basis. Somewhat mysteriously, he also claims that ASC will grant rights to “coerced emigrants who have been driven into exile by a non-democratic predecessor regime. In these cases, the situation of individuals is comprehensively marked by subjection to coercion that they have experienced in the past and this creates an ongoing duty of protecting their rights” (p. 31). What is the argument here? People in this position will have a choice, under the current democratic regime, either to return home or to remain in the countries in which they have been exiled. If, despite the offer of readmission, they choose to stay where they are, then ASC grants them rights in that jurisdiction, since those are the laws that now and in the future will shape their lives. How can the fact of past coercion by country A – the forces that drove them into exile – justify A awarding them rights of participation in the present?6 ASC is restrictive towards those who do not currently fall within a government's jurisdiction, and this seems correct.
There is controversy, however, about the case of immigrants who are refused entry under the prevailing immigration policy. Is this an exercise of coercive jurisdiction, and does that mean that prospective immigrants are entitled to a say in the formulation of immigration law, if not over other issues? This position has been defended by Arash Abizadeh especially, though the claim about the coercive nature of immigration law has been widely accepted (Abizadeh 2008).7 I have subjected it to critique elsewhere (Miller 2010; 2016 : ch. 4). In brief, I suggest (a) that not all coercive interventions give rise to democratic rights (see note 6 above); and (b) in the case of immigration policy, it is important to distinguish between the policy itself being coercive, and coercive means being used to enforce it. When people are prevented from entering a country by immigration controls, a significant opportunity is often being denied them, but it does not follow that their lives are being shaped and potentially dominated by the legal system of the country they are trying to enter in the same way as those who are already living under that system. So why should exclusion per se, independently of the means used to enforce it, be regarded as coercive?
Without signing up to the Abizadeh position, Bauböck wants nonetheless to say that the relationship between the state and at least some of those who want to immigrate can be described as coercive. However, the argument at this point morphs into the somewhat different thesis that states have a special responsibility to protect migrants “who have stronger claims to admission to this country than anywhere else” (p. 36). He does not elaborate on how such special claims are established, but let's assume that the migrant is someone who applies to state S for asylum, or simply washes up on its shores. I agree that physical presence of this kind does give state S a special responsibility to protect the migrant's rights, and in some cases this would mean granting her admission. But the argument here has nothing to do with coercion. What gives the migrant a claim is her specific vulnerability to S, not the fact that S is coercing her. So it is hard to see how ASC can be applied to such a case.
The limitations of ASC as a general solution to the democratic boundary problem, however, are best brought out by considering a case touched on briefly by Bauböck, one in which what is effectively a colony is incorporated into the metropolitan state in such a way that its inhabitants are given voting rights as citizens of that state. The example he cites is Algeria prior to independence in 1962, but one could also instance Ireland during the nineteenth century, when its voters sent MPs to Westminster. If we assume (contrary to fact) that every adult member of those territories had been awarded voting rights, then ASC would have been fully satisfied. As Bauböck says, the lesson here is that “a democratic principle of membership must link individual inclusion claims to collective self-government claims in order to avoid a status quo bias” (p. 30). But to do that we need some prior way of identifying Algeria and Ireland (rather than Algeria-in-France and Ireland-in-Britain) as the proper units of self-government, and ASC, as a principle of individual inclusion, is of no help here.
So what does Bauböck suggest instead? He proposes the all citizen stakeholder (ACS) principle as the main plank of his theory of democratic inclusion, with AAI and ASC both relegated to supporting roles. The best succinct statement of ACS is found in another of his papers: “Those and only those individuals have a claim to membership whose individual autonomy and well-being is linked to the collective self-government and flourishing of a particular polity” (Bauböck 2015: 825).8 Since this principle is presented as having the capacity to solve problems that neither AAI nor ASC can deal with adequately, we can assume that it is intended to provide an account of democratic membership that explains both why it would be wrong to deny voting rights to, say, women in Britain and why it would be wrong to re-annexe Ireland and govern it as a region of Britain. In other words, it can provide answers to questions of both inclusion and jurisdiction as I identified them at the outset. So it must be read so as to mean not merely that individuals have a claim to membership in whatever polity happens to govern them at any moment, but to membership in a polity that enables them to “link” their own autonomy and well-being to the collective autonomy of the polity as a whole. Bauböck's answer to the Algeria question will need to show that Algeria-in-France did not qualify as a polity of that sort; ACS would require Algeria to be both independent and democratic.
Moreover, this has to be demonstrated without recourse to two positions that Bauböck explicitly rejects: nationalism and voluntarism. He cannot, in other words, reject Algeria-in-France on the ground that Algeria forms a nation separate from France, and is entitled on that ground to self-government, or on the grounds that the inhabitants of Algeria had never consented to being governed by France. As he puts it, “political legitimacy in a democratic polity is not derived from nationhood or voluntary association but from popular self-government, that is, citizens’ participation and representation in democratic institutions that track their collective will and common good” (p. 41).
I shall return later to Bauböck's rejection of nationhood as a basis for jurisdiction, but first I want to try to unpack these formulations of ACS. What kind of link is being postulated here between “individual autonomy and well-being” and “the collective self-government and flourishing” of the polity? Let me explore two possible answers. According to the first, the link in question is utilitarian. Individuals’ interests will only be properly protected when they enjoy collective self-government with appropriate jurisdiction. This answer has some plausibility if we look at the examples I have been using. Britain and France governed Ireland and Algeria, respectively, less well than they might have been governed by institutions that were closer to the people and better informed about local conditions. But how far does it generalize? Can we be confident that when larger units break into two or more pieces, the new units always do a better job of protecting “individual autonomy and well-being” than their more inclusive predecessors? Do Slovaks enjoy more of these goods now than they did when Czechoslovakia was still intact? Or should we conclude that there was no sound case for that state to dissolve? If we acknowledge that it is sometimes legitimate for jurisdictional boundaries to be redrawn so that they align better with the physical habitation of a distinct “people”, then the utilitarian way of reading Bauböck's link won't deliver that verdict.
The other possibility is that the link between individual and collective should be understood as psychological. People won't have a sense that they are free and flourishing unless they can identify with their government and see their own freedom as dependent upon the collective freedom of the people. This psychology seems to be what fuels many independence movements, for example. But if ACS understood in this way is also to serve as a principle for deciding upon individuals’ rights to be included in the demos, it will yield some paradoxical results. Bauböck himself gives a relevant example, though I shall challenge his use of it. Consider a closed monastic order whose members have little interest in what is going on in the secular world beyond the cloister walls except so far as it interferes with their chosen way of life. Their overwhelming interest is in being left alone by the state. Bauböck claims that “even the members of reclusive monastic orders will be better off as citizens of a democratic polity than as stateless persons or as subjects of autocratic rule” (p. 41). But if this is indeed true – and there is certainly some reason to doubt it – it is not because the monks see any intrinsic value in belonging to a “self-governing political community”. They do not connect their own flourishing, and the autonomy and flourishing of their religious community, with any wider version of collective self-government. Any benefits that come to them from inhabiting a democracy are purely instrumental. Do they therefore fail to qualify as “citizen stakeholders” and might they be excluded from voting rights under ACS? Or for a different example, consider those members of the cosmopolitan elite who are rich enough that swapping jurisdictions would at most be a mild inconvenience for them. They have no emotional or other psychological stake in the flourishing of any particular political community (so long as they can get their money out if it collapses). Should they too be disenfranchised under ACS?
This argument can be run in the other direction as well. Consider a passionate Francophile who lives outside of that jurisdiction and cannot for legal or practical reasons move to the country she adores. Nevertheless she follows the news avidly, celebrates when the French team triumphs on the football field and is deeply disturbed by events such as the Charlie Hebdo massacre. She seems to fall within the scope of the ACS principle as laid out above. But we might be unconvinced that such a psychological link, however strong, should be a qualification for rights of citizenship. Now in all these cases it would be possible to bite the bullet, and argue for enfranchising the non-resident Francophile and disenfranchising the monks and the disengaged sports stars and finance capitalists. But unless Bauböck is prepared to accept this, the psychological reading of the link postulated in ACS must be abandoned.
Perhaps there is some third way of reading ACS, and the connected idea of a “citizen stakeholder”, that would yield plausible answers both to the jurisdiction question and to the inclusion question. But until this is provided, our verdict must be that there is no single principle that will do the job. Indeed Bauböck reaches a similar conclusion at the end of his essay, arguing that AAI, ASC and ACS all have some contribution to make to the general inclusion question, with different rights going to different constituencies in accordance with the demands of each principle. But if a pluralist approach to democratic legitimacy is correct, this opens the door to a reassessment of the nationalist principle that Bauböck firmly rejects, since we no longer expect that, or any other principle, to be doing all the work that needs to be done. So I should like to end these comments by reflecting on nationality as a source of democratic legitimacy, in the light of Bauböck's critique.
Bauböck concedes that his position resembles liberal nationalism in treating membership in a political community as prior to subjection to government and its decisions. But he argues that a nationalist principle of inclusion will be unable to deal satisfactorily with immigrants and other minority groups, since it requires that “admitting new members to the political community must serve the purpose of nation-building” (p. 39). Depending on the circumstances, this might mean selecting immigrants on cultural grounds, or closing the borders altogether. Now it is true that liberal nationalists will want immigration policy to be shaped in part by a concern for the preservation of national cultures, and this is likely to mean imposing restrictions on the numbers who enter, as well as pursuing active integration policies that seek to familiarize new arrivals with the culture and institutions of the country they are joining. But to say that immigration must “serve the purpose of nation-building” is an exaggeration; immigration policy must be compatible with nation-building, a much weaker condition. Moreover, liberal nationalists regard national culture as sufficiently flexible that it can accommodate the distinctive cultural contributions of national minorities and immigrants. The nation that is in the process of being built can be inclusive of these groups.
Bauböck is not committed to an open borders principle; nor does he say that we should judge principles of inclusion only according to the numbers of people who will be let in by following them. If following principle A has the consequence that fewer immigrants are admitted but those who are let in are better integrated, while following principle B would admit more but integrate them less well, is it obvious that B is to be preferred to A?
When it comes to national minorities, ACS is said to be sensitive to their claims. Democratic legitimacy may require that the state be defined constitutionally as “plurinational”, and these minorities granted territorial autonomy. Where these conditions are not met, Bauböck says, internal minorities “have remedial rights to self-determination that may result in the formation of autonomous territories or new independent states” (p. 43). So it seems that, after all, he is committed to a principle of national self-determination, albeit not necessarily one requiring that the nation should control a state of its own. A national minority is something more than just a territorially concentrated population. Although he does not spell it out, Bauböck must assume that it has a political identity of its own that demands constitutional recognition and political arrangements through which it can exercise collective autonomy. But it is inconsistent to claim this for national minorities without recognizing that the same must hold for majority nations. What is true of the Basques and the Welsh must also be true of the Spanish and the British: a legitimate government for these peoples must be one that grants them an adequate measure of self-determination.9
So long as it is applied flexibly, the nationality principle provides good answers to questions of jurisdiction and boundary-drawing. This is true even in cases where people's political identities are complex, and the jurisdictional solution needs to mirror this complexity, allowing for minorities within minorities and so forth.10 It is less successful as a principle of individual inclusion: it is not acceptable on democratic grounds to make citizenship rights dependent upon a person's national identity – though it is acceptable, I believe, to forge links between the two by means of citizenship education for native-born and immigrants alike, whose purpose is in part to encourage recipients to identify with the nation. It needs, therefore, to be used in conjunction with a principle such as ASC which grants citizenship rights to everyone who is permanently resident in a society, and thereby subject to the life-shaping effects of a coercive legal system. But whereas ASC by itself has nothing to say about the conditions for an effective democracy, other than that everyone who lives under it must be given the vote, the nationality principle underlines the role of a shared identity in creating social and political trust, thereby facilitating the accommodations and compromises that are essential if democratic decisions are to be accepted as authoritative by all concerned.
Earlier in the essay I cited, approvingly, a passage from Bauböck in which he argues that democracy requires a “core” population who are sedentary and think of themselves as “owning” the polity. They will acknowledge “duties of solidarity” towards one another and have “a sense of responsibility for the common good of the polity”. To meet these conditions, however, it is clearly not enough for people simply to coexist side by side over time, since otherwise we would not witness conflict-ridden societies where near-neighbours are unable to cooperate to build a life together. The missing element, clearly, is that the people in question identify with one another as compatriots, recognize a common inheritance which may involve responsibilities as well as rights, and feel an obligation to their successors to leave the society in at least as good a shape as they found it. If we accept this – and I think Bauböck does – then the main issue is the kind of identity that is needed to perform this role. In the real world, the answer at least for the liberal democracies is nationhood, but it is a legitimate topic for research how far existing national identities can be “thinned” so that they become more accessible to newcomers. My own reading of the evidence is that we may face a tradeoff between thicker and more motivationally powerful forms of national identity and thinner and weaker, but more inclusive, forms (Miller and Ali 2014). Whatever the right answer, however, questions about identity are unavoidable, and this it seems to me is the missing ingredient in Bauböck's otherwise compelling discussion of democratic legitimacy.
Abizadeh, Arash 2008. “Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Borders.” Political Theory 36: 37–65.
Arrhenius, Gustaf . 2005. “The Boundary Problem in Democratic Theory.” In (ed.), Democracy Unbound, edited by Folke Tersman . Stockholm: Stockholm University: 14–29.
Bauböck, Rainer 2015. “Morphing the Demos into the Right Shape: Normative Principles for Enfranchising Resident Aliens and Expatriate Citizens.” Democratization 22: 820–839.
Blake, Michael 2013. “Immigration, Jurisdiction, and Exclusion”, Philosophy and Public Affairs 41: 103–130.
Carens, Joseph 2013. The Ethics of Immigration. Oxford: Oxford University Press.
Erman, Eva 2014. “The Boundary Problem and the Ideal of Democracy.” Constellations 21: 535–546.
Goodin, Robert 2007. “Enfranchising All Affected Interests, and Its Alternatives.” Philosophy and Public Affairs 35: 40–68.
Hidalgo, Javier 2014. “Freedom, Immigration, and Adequate Options.” Critical Review of International Social and Political Philosophy 17: 212–234.
Linklater, Andrew 2006. “The Harm Principle and Global Ethics.” Global Society 20: 329–343.
Miller, David 2009. “Democracy's Domain.” Philosophy and Public Affairs 37: 201–228.
Miller, David 2010. “Why Immigration Controls are not Coercive: A Reply to Arash Abizadeh.” Political Theory 38: 111–120.
Miller, David 2014. “Debatable Lands.” International Theory 6: 104–121.
Miller, David 2016. Strangers in Our Midst: The Political Philosophy of Immigration. Cambridge, MA: Harvard University Press.
Miller David and Sundas Ali . 2014. “Testing the National Identity Argument.” European Political Science Review 6: 237–259.
Näsström, Sofia 2011. “The Challenge of the All-Affected Principle.” Political Studies 59: 116–134.
Owen, David 2012. “Constituting the Polity, Constituting the Demos: On the Place of the All Affected Interests Principle in Democratic Theory and in Resolving the Democratic Boundary Problem.” Ethics and Global Politics 5: 129–152.
Saunders, Ben 2012. “Defining the Demos.” Politics, Philosophy and Economics 11: 280–301.
Song, Sarah 2012. “The Boundary Problem in Democratic Theory: Why the Demos should be Bounded by the State.” International Theory 4: 39–68.
Vernon, Richard 2010. Cosmopolitan Regard: Political Membership and Global Justice. Cambridge: Cambridge University Press.
Wellman, Christopher and Phillip Cole . 2011. Debating the Ethics of Immigration: Is There a Right to Exclude? Oxford: Oxford University Press.
Whelan, Frederick 1983. “Prologue: Democratic Theory and the Boundary Problem.” In NOMOS 25: Liberal Democracy, edited by J. Roland Pennock and John W. Chapman . New York: New York University: 13–47.
1 This has already generated a substantial literature. See, for example, Whelan (1983); Arrhenius (2005); Song (2012); Saunders (2012); Erman (2014). My own contribution is Miller (2009).
2 Of course, the jurisdiction of a democratic body need not be territorially defined – for example a professional association or a trade union can have a democratic constitution. But here we are concerned with democratic institutions in the conventional political sense, and these always have territorial jurisdictions.
3 For debate about this principle, see Goodin (2007); Näsström (2011); Owen (2012); as well as the works cited in note 1 above.
4 For defences of this principle, including discussion of how “harm” should be understood in a global context, see Linklater (2006) and Vernon (2010: ch. 7).
5 “Imagine, for instance, that Ben and Jerry knock on my door and ask to enter my house, eat the dinner I was in the process of preparing, and then have sex with me … I brandish a pistol and warn them that I will not hesitate to shoot if either of them puts so much as one foot inside my house … Could Ben and Jerry rightfully object that, insofar as they were subjected to coercion, they were entitled to an equal vote as to what my decision should have been? Presumably not …” (C. Wellman in Wellman and Cole 2011: 97).
6 Perhaps the thought is that the present regime has inherited from its predecessor a special responsibility towards the exiles. It is not clear, however, why this would not be discharged by an offer of return, on favourable terms and with instant access to citizenship. Governments do also acknowledge a continuing responsibility towards their émigrés, in cases where the émigrés suffer bad treatment in the countries to which they have moved, but this seems to apply regardless of the reasons for emigration, and is not usually thought to justify extending voting rights.
7 Among others who claim that border controls are coercive are Carens (2013: ch. 12), Blake (2013) and Hidalgo (2014).
8 I find this version more helpful than the slightly different formulation on p. 49 of the present essay.
9 In a footnote, Bauböck claims that he endorses secession only as a remedial measure, and denies that there can be “a primary right to self-determination”. But there is something quite puzzling about this. How can self-determination be claimed as a remedy unless the group in question has a right to self-determination that had previously been violated? It would be rather like saying that I have no primary right to own property, but I do have a remedial right to take back stolen possessions.
10 I use Kashmir as a pertinent case study in Miller (2014).
Democratic inclusion
Rainer Bauböck in dialogue
Editor: Rainer Bauböck
Philosophy and Critical Theory
all affected interests; all citizenship stakeholders; all subject to coercion; citizenship; democratic inclusion; local polities; membership; political community; regional polities; stakeholder inclusion; state polities
(309 total)
Series: Critical Powers
Series editor’s foreword
Part I: Lead essay
Chapter 1: Democratic inclusion
Part II: Responses
Chapter 2: The boundaries of “democratic inclusion”
Chapter 3: What makes a democratic people?
Chapter 4: Republicanism and the all subjected principle as the basis of democratic membership
Chapter 5: Metics, members and citizens
Chapter 6: Populus, demos and self-rule
Chapter 7: Stakeholder theory won’t save citizenship
Part III: Reply
Chapter 8: Response to critics
Race and the Yugoslav region
Postsocialist, post-conflict, postcolonial?
Author: Catherine Baker
This book explains theoretical work in postcolonial and postsocialist studies to offer a novel and distinctive insight into how Yugoslavia is configured by, and through, race. It presents the history of how ideas of racialised difference have been translated globally in Yugoslavia. The book provides a discussion on the critical race scholarship, global historical sociologies of 'race in translation' and south-east European cultural critique to show that the Yugoslav region is deeply embedded in global formations of race. It considers the geopolitical imagination of popular culture; the history of ethnicity; and transnational formations of race before and during state socialism, including the Non-Aligned Movement. The book also considers the post-Yugoslav discourses of security, migration, terrorism and international intervention, including the War on Terror and the refugee crisis. It elaborates how often-neglected aspects of the history of nationhood and migration reveal connections that tie the region into the global history of race. The book also explains the linkage between ethnic exclusivism and territory in the ethnopolitical logic of the Bosnian conflict and in the internationally mediated peace agreements that enshrined it: 'apartheid cartography'. Race and whiteness remained perceptible in post-war Bosnian identity discourses as new, open-ended forms of post-conflict international intervention developed.
Subjects of modernity
Time-space, disciplines, margins
Author: Saurabh Dube
This book explores modernity, the disciplines, and their interplay by drawing in critical considerations of time, space, and their enmeshments. Based in anthropology and history, and drawing on social-political theory (as well as other, complementary, critical perspectives), it focuses on socio-spatial/disciplinary subjects and hierarchical-coeval tousled temporalities. The spatial/temporal templates reveal how modern enticements and antinomies, far from being analytical abstractions, intimate instead ontological attributes and experiential dimensions of the worlds in which we live, and the spaces and times that we inhabit and articulate. Then, the book considers the oppositions and enchantments, the contradictions and contentions, and the identities and ambivalences spawned under modernity. At the same time, rather than approach such antinomies, enticements, and ambiguities as analytical errors or historical lacks, which await their correction or overcoming, it attempts to critically yet cautiously unfold these elements as constitutive of modern worlds. The book draws on social theory, political philosophy, and other scholarship in the critical humanities in order to make its claims concerning the mutual binds between everyday oppositions, routine enchantments, temporal ruptures, and spatial hierarchies of a modern provenance. Then, it turns to issues of identity and modernity. Finally, the book explores the terms of modernism on the Indian subcontinent.
This book addresses the major theoretical and practical issues of the forms of citizenship and access to citizenship in different types of polity, and the specification and justification of rights of non-citizen immigrants as well as non-resident citizens. It also addresses the conditions under which norms governing citizenship can legitimately vary. The book discusses the principles of including all affected interests (AAI), all subject to coercion (ASC) and all citizenship stakeholders (ACS). They complement each other because they serve distinct purposes of democratic inclusion. The book proposes that democratic inclusion principles specify a relation between an individual or group that has an inclusion claim and a political community that aims to achieve democratic legitimacy for its political decisions and institutions. It contextualizes the principle of stakeholder inclusion, which provides the best answer to the question of democratic boundaries of membership, by applying it to polities of different types. The book distinguishes state, local and regional polities and argues that they differ in their membership character. It examines how a principle of stakeholder inclusion applies to polities of different types. The book illustrates the difference between consensual and automatic modes of inclusion by considering the contrast between birthright acquisition of citizenship, which is generally automatic, and naturalization, which requires an application.
MARC records provided by The University of Manchester Library
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Real Estate Purchase and Sales
Real Estate Leasing
Condominium and Master Planned Community Documents
Land Use, Governmental Entitlements and Economic Development Agreements
Entity Choice and Formation
Real Estate Lending and Finance
Easements, License Agreements and Related Land Use Transactions
McLean & Howard, L.L.P.
Barton Oaks Plaza, Building II
901 S. Mopac Expressway
The law firm of McLean & Howard, L.L.P. is comprised of knowledgeable, experienced and responsive lawyers engaged in a real estate and commercial law practice. The attorneys and staff at M&H all approach the practice of law with a common goal — provide the highest quality legal service available at a fair and reasonable cost to the client.
M&H NEWS
Jeffrey S. Howard was named “Lawyer of the Year” in the 2019 edition of The Best Lawyers in America in the area of Land Use & Zoning Law.
U.S. News & World Report and The Best Lawyers in America have named McLean & Howard in the 2019 Best Law Firms rankings, in the category of Land Use & Zoning Law and Real Estate Law.
William P. McLean was named one of the Best Lawyers in the 2018 edition of The Best Lawyers in America in the area of Real Estate Law.
Bill McLean and Tony Corbett worked together to procure land use entitlements and utility permits and agreements for a large residential subdivision in western Travis County. The project involved local land use permits, a utility service agreement, installation of public utility infrastructure, formation of a municipal utility district, and approval of an onsite wastewater treatment facility. McLean & Howard also handled the real estate closing on the project with complex financing.
Jeffrey Howard was named Chair of the Downtown Austin Alliance Mobility Committee and added to its Executive Committee.
Jeffrey Howard was lead counsel on the complicated Grove at Shoal Creek Planned Unit Development zoning case in Austin, Texas. The case involved a 76-acre tract formerly owned by TxDOT on Shoal Creek in central Austin. The case generated significant public interest and debate and was approved in December 2016 by City Council on a 10-1 vote. Mr. Howard continues to be involved in the complex Austin permitting issues related to the project. http://www.thegroveatshoalcreek.com
Jeffrey Howard recently represented a technology company in the successful negotiation of a Chapter 380 Economic Development Agreement with the City of San Marcos, Texas, facilitating the company’s relocation. http://www.mysanantonio.com/business/local/article/Urban-Mining-Co-to-relocate-to-San-Marcos-11097658.php
Jeffrey Howard recently represented a large project in the negotiation and approval by the City of San Marcos, Texas, of a Public Improvement District Financing Agreement.
Leslie Keyser helped a client negotiate and structure a pilot project for thermal energy storage. This innovative process is designed to reduce the client’s largest operational utility expense, allowing the client to manage its energy profile using cutting edge technology.
Congratulations to firm client Jimmy Windham on winning an Austin Business Journal Commercial Real Estate Award for the development of Insys Therapeutics, Inc. in Round Rock. Over 53,000 square feet of space was renovated for a new FDA- and DEA-approved pharmaceutical manufacturing lab. Patrick Hudson represented Mr. Windham and structured a lease to address the unique needs of the tenant, such as specialized finish out, ownership of installed manufacturing equipment, and tightly controlled access to the laboratory. We are especially proud to see this project come to market because it allows the tenant to ramp up production of special cancer pain medications.
William McLean represented the developer of a large, residential subdivision and successfully navigated a critical approval for utility service for the project. Mr. McLean also handled the preparation and submittal of a master development plan for the project with Travis County.
William McLean represented the purchaser of a major, master-planned community in Central Texas on matters involving property entitlements and development feasibility analysis. The project involved two development agreements, utility agreements, and a strategic partnership agreement with the local municipality. Mr. McLean worked in conjunction with the developer’s general counsel and project manager resulting in the approval for purchase by the developer and the closing of the property.
©2020 McLean & Howard, L.L.P. - All Rights Reserved
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Resources Publications GPST A day in court
A day in court
A guide to fatal accident inquiries
Date 10 September 2012
Resource type Article
Publication GPST
IT is quite possible in the course of your professional career that you will at some point be cited to give evidence during a formal investigation into a patient’s death.
In Scotland, these investigations are known as fatal accident inquiries (FAIs). For most doctors, particularly doctors in training, being called before such an inquiry can be worrying. But gaining an understanding of the process and how to prepare can help minimise stress.
FAIs are unique to Scotland and are called when the procurator fiscal (the public prosecutor) has investigated a death and the Crown Office decides that a formal inquiry is required (the equivalent procedure in England, Wales and Northern Ireland is the coroner’s inquest). Some are mandatory, for example after deaths at work or in custody, and the rest are discretionary, when it is deemed to be in the public interest.
They are held before a sheriff in the sheriff court serving the area where the death occurred. The aim of an FAI is to establish the time, place and cause of death; any reasonable precautions that may have avoided death; any systemic defects that contributed to death and any other relevant factors that the sheriff wishes to comment on.
The civil rule of ‘balance of probabilities’ is used to decide on evidence presented. It can unfortunately take several years following a death before an FAI is held and several months after the FAI before the sheriff issues a judgement, known as a determination, setting out the circumstances of the death and other relevant findings.
MDDUS understands that giving evidence in these circumstances can be daunting, even if the doctor involved is not particularly concerned that anything untoward has happened. We therefore welcome calls from members as soon as they hear they are to attend an FAI – or even sooner. If a death has occurred and you are worried that it may result in an FAI, please call an MDDUS medical adviser.
When preparing for an FAI, an adviser will review what has happened and, if necessary, arrange a meeting to discuss matters further with an MDDUS solicitor. We can explain the FAI procedures, what to expect when giving evidence and, most importantly, decide whether it is necessary to provide legal representation for the doctor.
Not everyone will require this: if a doctor is unlikely to be criticised by anyone, or is fairly peripheral to events, it may be appropriate to attend without separate representation. Where there is vulnerability, however, legal representation may be important to protect the doctor’s interests. This is a decision that will be made once we have heard the circumstances surrounding the death.
NHS hospital doctors may be represented by the Central Legal Office acting for the hospital concerned but, where any conflict of interest emerges, they may require separate MDDUS representation.
Prior to an FAI, the doctor is likely to have been asked for a statement by the procurator fiscal and should be familiar with the contents of that statement. A familiarity with the medical records is also useful. When giving evidence at the FAI, the procurator fiscal or depute will lead the questioning, and then questions may be asked by anyone represented at the inquiry, such as the family or other agencies involved in the care. The sheriff may ask questions at any time.
Advice on attending an FAI is much the same as for any court appearance. This includes arriving in good time (mobile phone switched off!), dressing smartly and preparing for a long wait as timing can be unpredictable. When giving evidence, remember to listen carefully to the question and answer clearly and concisely – do not be tempted to fill silences. It is fine to indicate that you need sight of the records to respond, if that is the case, and it is also fine to say that you don’t recall something, or indeed that it is beyond your sphere of knowledge or competence to answer.
FAIs are held in public, and may be attended by the press. Clearly it is important to give no statement to the press after the event, even if approached directly, save perhaps to indicate that you have given your evidence to the court and have nothing to add.
The determination itself will not include an adverse finding against an individual doctor, but there can be implied criticism of actions if precautions are highlighted that may have avoided death. The sheriff may also be critical of evidence given when he writes his accompanying narrative account of proceedings. Although the determination cannot be used as a basis of a claim, it may be used to initiate a complaint of serious professional conduct before the GMC.
Happily, for most doctors giving evidence, this does not occur, and attendance is a routine matter. However, MDDUS are keen to ensure that members are well supported throughout and if doctors are at all concerned they should make contact sooner rather than later to advise us of the situation.
Dr Barry Parker is a medico-legal adviser at MDDUS
Applying your knowledge GP prescribing - Room for improvement
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Lassa fever in Nigeria
From the article: "How serious is the current Lassa fever outbreak in Nigeria? It is serious enough given the worsening trend. It has spread from just two states when it was first diagnosed in 1969 to 23 states in 2019. The situation has increasingly got worse over the years. In 2018, the Nigerian Centre for Disease Control reported the largest ever number of cases in Nigeria, with over 600 confirmed cases and over 170 deaths. And the numbers have continued to rise. An alarm was raised over the tripling of the number of suspected cases between 2017 and 2018 only for the reported number of suspected cases to rise in 2019. Outbreaks have historically occurred during the dry season – November to April. But in recent years there have also been cases during the rainy season. Fatality rates are also unacceptably high. Over the last few years they have remained between 20% and 25%. This is particularly bad given that there is an effective treatment for the disease if it’s detected early and patients are presented at the hospital. How do people get infected and why has it been persistent? Lassa fever is a viral haemorrhagic disease caused by the Lassa virus which naturally infects the widely distributed house rat. It’s transmitted through the urine and droppings of infected rats found in most tropical and subtropical countries in Africa. They are able to contaminate anything they come in contact with. The Lassa virus spreads through human to human contact with tissue, blood, body fluids, secretions or excretions. This includes coughing, sneezing, kissing, sexual intercourse and breastfeeding. In hospitals the disease is spread through contaminated equipment."
Africa Conference on Sexual Health and Rights in Kenya
Fires and toxic haze threaten health in Indonesia
Sasheenie Moodley
Knowledge gaps between HIV-infected and HIV-exposed children in Sub-Saharan Africa
COVID-19 updates: the Corona Times
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New NSP for HIV, TB and STIs a ‘vision without a plan’
June 28th, 2017 Weekly Roundup
SA’s newly published National Strategic Plan (NSP) for HIV, TB and STIs 2017 – 2022 does not acknowledge the country’s healthcare dysfunction, nor of the fact that the failure to engage with this crisis may render the NSP essentially unworkable, writes Marcus Low in Spotlight.
On 11 May 2017 South Africa’s National Strategic Plan (NSP) for HIV, TB and STIs 2017 – 2022 was finally published after multiple delays. Low writes that the NSP is meant to co-ordinate and guide a coherent response from government, business, organised labour and civil society to the HIV and TB epidemics in South Africa.
Low writes: “That such a master plan is of critical importance seems obvious. There are still around 270 000 new HIV infections in South Africa per year. According to what is written on death reports, TB is the number one killer in the country. If death reports are combined with other sources of information, experts conclude that HIV is the number one killer in South Africa – with around 150 000 deaths per year. Meanwhile, rates of drug-resistant forms of TB are increasing at alarming rates and reports from the Office of Health Standards Compliance (OHSC) and others paint a picture of a healthcare system that is often severely dysfunctional.
“It may not make the headlines as it used to, but HIV and TB remain at crisis levels in South Africa. The NSP should be judged by the seriousness, ambition, and realism with which it addresses this crisis. With that guiding principle, we will start by considering the context in which the NSP is to be implemented. After that we will evaluate the content of the NSP in a number of key areas. Then, we will try to map some potential ways forward.
“In November 2016 the Business Day newspaper obtained data from the OHSC showing that only 89 of 1427 inspected clinics and hospitals met the OHSC’s 70% pass mark. Not one of 53 clinics inspected in the Free State obtained a pass mark. In all 9 provinces in the country, the average performance outcome of district hospitals inspected fell below the pass mark. Some of this data was later presented to parliament and eventually published in a devastating report.
“While the establishment of the OHSC is certainly one of the most notable achievements under Dr Aaron Motsoaledi’s tenure as Health Minister, it is deeply concerning that the data was only made available after Business Day had filed a request in terms of the Promotion of Access to Information Act (PAIA). The affair does however highlight the tendency from government and government-linked entities to sweep healthcare system problems under the carpet – as is arguably also done in the NSP.
“While the OHSC data provides probably the most compelling evidence of widespread dysfunction in the healthcare system, there is no shortage of other red lights. From the Life Esidemini tragedy in Gauteng where at least 94 people died, to the unconscionable decay in cancer services in KwaZulu-Natal, to a Treatment Action Campaign (TAC) survey that found only 15 of 158 clinics across seven provinces had sufficient TB control measures in place, to the reports of the Stop Stockouts Project, to the terrible conditions in the Free State healthcare system and a collapsing roof at Charlotte Maxeke Hospital in Gauteng, there can be no doubt that there is widespread dysfunction in the public healthcare system in South Africa.
“It is in the context of this widespread dysfunction that the NSP is to be implemented. Yet, when one reads the NSP one finds no recognition of this crisis, nor of the fact that the failure to engage with this crisis may render the NSP essentially unworkable. As argued in a recent TAC and SECTION27 media statement: ‘This is an NSP that seems reasonable when considered in the abstract, but that risks falling apart when confronted by the realities of the public healthcare system in South Africa and the political context in which this healthcare system exists.’
“Underlying the dysfunction in our healthcare system are at least two key factors, a lack of funding and a political crisis that is undermining the public service. The funding crisis in relation to healthcare is most obvious in what amounts to the freezing of posts – something for which the recent health budget offered no relief. The OHSC report was also clear on this, stating that “indeed budget constraints has had direct impact on adequate funding of vacant clinical and allied professional posts, inadequate infrastructure and maintenance budget, medical equipment, medical supplies, consumerables including pharmaceuticals have been reported but there is no funding available. Though the final NSP touches on the lack of funding, it does not go into much detail on this or on the accompanying human resource crisis and certainly does not connect the dots to make a powerful case for increased funding as one would have hoped it would.”
Low writes: “On the political side, the NSP is even further removed from the realities of the fraught context it is to function in. The NSP justifies its own vagueness by arguing that it will be up to provinces to develop implementation plans. While this seems fine in principle, the reality is that this model has failed badly over the last five years since most provinces simply do not engage meaningfully with either the NSP or Aids councils. There is no evidence in the new NSP that this failure has been reflected on with any seriousness and we thus seem doomed to repeat the same pattern of national-level policies or strategies being sent to provinces to die. One would at the very least liked to have seen annual provincial-level targets on all key indicators highlighted in the NSP and clear guidance for provinces as to which interventions to prioritise given resource constraints.
“This dynamic of the breakdown between national and provinces of course cannot be disconnected from our wider politics and the culture of cadre deployment, corruption, and capture that has come to dominate public discourse in South Africa. Essentially, too many MECs for health are still untouchable because of their loyalties to particular factions within the ruling party. In addition to this ongoing accountability deficit, South Africa’s political crisis has also lead to rating agency downgrades and a recessionary economy which seems set to further shrink an already insufficient health budget. It may have been too much to expect the NSP to make an explicit statement on South Africa’s political crisis, but it could certainly have more forcefully and concretely made the case for the good and transparent governance of provincial healthcare systems and for greater political accountability.
“One of the most remarked upon short-comings in the NSP is the very low targets set for pre-exposure prophylaxis (PrEP) in the final NSP – 18,000 people receiving PrEP by 2019, and 85,000 people by 2022. These low targets are particularly disappointing given that earlier drafts of the NSP contained much higher targets. Draft 1 of the NSP set a target of 1.4m, including ‘200,000 young women ages 20-24, 500,000 adolescents of both sexes, 450,000 sex workers, 175,000 MSM and 60,000 people who inject drugs’. The 1.4m target may or may not have been a good target – we never saw a specific justification for it – but at least it was ambitious.
“The NSP sets a target of reducing new HIV infections to under 100,000 per year by 2022. This is a very ambitious target given that the rate is currently around 270,000. While substantial reductions seem likely (Thembisa model outputs published last year projected around 170,000 by 2022), getting as low as 100,000 would require aggressive use of all available interventions. An important modelling study by Dr Leigh Johnson and colleagues published in June last year, suggested that while not the most important factor in HIV prevention, PrEP aimed at youth and the general population may nevertheless have an important role to play in reducing new infections – incidentally, PrEP in sex workers was projected to have less impact on overall infection rates, although a moral case could still be made for providing PrEP to sex workers. In addition, as pointed out by Professor Linda-Gail Bekker in a plenary at the recent SA AIDS conference, one of the risks of limiting PrEP to sex workers is that it socially stigmatises PrEP, making later expansion of the programme difficult. Either way, the low PrEP targets in the NSP are baffling.
“As former SANAC CEO Dr Fareed Abdullah has been quoted as saying at the closing of the recent SA AIDS Conference, the ‘toolbox’ provided in the NSP ‘doesn’t match the impact that we’re looking for’.
“To have a chance of getting down to 100 000 new HIV infections per year by 2022 would require aggressively using all tools at our disposal. This will, amongst others, require a renewed focus on condom distribution and correct condom use and a drive to conduct more safe and voluntary medical male circumcisions. The NSP sets a target of 700,000 VMMCs performed in 2016/2017, reducing by 50,000 in each subsequent year. It sets a target of distributing 850m male condoms per year and 40m female condoms. These may or may not be good targets – it is hard to tell since the NSP provides no motivation for these specific numbers. It is also of interest that the NSP’s somewhat weak recommendations on access to condoms at schools has been superseded by a much stronger policy from the Department of Basic Education.
“The study by Johnson and colleagues is particularly valuable for thinking about the NSP since it weighs up in a sophisticated way the relative impact different interventions (such as condoms, PrEP and VMMC) could be anticipated to have on the rate of new HIV infections. In a conclusion that might be surprising to some, they found that for the purposes of reducing new HIV infections the ‘most important epidemiological parameter to target will be the infectiousness of patients receiving ART’. They explained that this will mean ‘promoting adherence interventions such as adherence clubs, patient supporters, and SMS contact’. In other words, the most important intervention for reducing new infections is helping people already on treatment to stay on treatment and become and remain virally suppressed. The NSP’s distinction between prevention (goal 1) and treatment (goal 2) is thus somewhat problematic since the most important prevention intervention is not in the prevention section.
“Either way, the NSP does generally say the right things regarding viral suppression, although there are some puzzling elements. For example, a sensible target is set to ‘ensure that 90% of all patients receiving antiretroviral therapy are virologically suppressed’. But then the NSP also says that ‘at least 90% of all ART patients will receive viral load testing in accordance with clinical guidelines compared to the 52% to 75% who do so now’. Though the current rates quoted are shockingly low, the 90% target for viral load coverage by 2022 is unacceptably low. Surely every single person who is receiving ART can also be offered a viral load test given that these are by definition people who are already interacting with the healthcare system. Getting one viral load test per year is not optional, it has been part of local and WHO guidelines for some time and a basic part of decent quality of care. In addition, the guidelines recommend viral load tests for all people on ART, not just 90% of people on ART. Of course, and as recognised in the NSP, adherence and viral suppression will depend on much more than just viral load testing.
“There is a welcome recognition in the NSP that we need ‘strategies to strengthen adherence to treatment and care’ and that ‘adherence is a key element of reaching the 90-90-90 targets’. In broad terms the right things are said about the employment of community healthcare workers, primary healthcare nurses, and other types of healthcare workers. There seems to be at least a conceptual understanding that the success of the NSP will depend on the people employed in the healthcare system.
In fact, the NSP at times seems positively utopian in its outlook, as for example in this quotation:
“‘All people living with one or more of the three diseases covered by this NSP will have access to differentiated service delivery, including facilities that are friendly and suitable for children, adolescents, young people, men, people with disabilities and survivors of sexual assault. Services provided will be people-centred, integrated and comprehensive in scope. They will not only address HIV, TB and STIs, but also non-communicable diseases and other health conditions experienced by individuals, including access to palliative care. Services will include treatment and support for functional limitations or disabilities that people living with HIV and TB may increasingly experience as they age. People with HIV and TB will have access to age-appropriate psycho-social and treatment adherence, counselling and support, mental health screening and treatment.’
“While ambition is welcome, the NSP generally fails to provide a realistic road-map as to how these ideal conditions will be reached – especially given the current state of the public healthcare system as reflected in the OHSC report. While the rough costing that was provided in the final NSP provides some indication that at least some attempt has been made to connect the dots in terms of cost, the costings are still too general and avoids critical issues like the employment of CHWs. It is alarming that even with the current costings – that we suspect may exclude some human resource costs – the NSP is underfunded by more than R6bn per year.
“It is also notable that the NSP never specifies the numbers of CHWs and other healthcare workers that would be needed to implement the plan. Side-stepping a critical issue like this brings into question the plausibility of the entire NSP. This is particularly disappointing since plans to fund an expanded CHW programme have recently been turned down at the Medium-Term Expenditure Committee (the committee that makes decisions relating to what programmes are included in the budget). Unfortunately, there is very little in the NSP that would strengthen the Department of Health’s hand when going back to MTEC on this issue. Then again, apart from some high-level comments, the pedestrian way in which CHW policy has progressed over the last decade suggests that the Department of Health itself has little appetite for an expanded CHW programme.
“The NSP sets a target of 10m people receiving an HIV test every year. This will be achieved through an ambitious programme described as follows: ‘A new national HIV testing effort to find the remaining people who don’t know their status and those who become newly infected will be strategically focused on optimising testing yield. Testing will be decentralised and expanded testing services will be delivered in and outside health facilities, eg in workplaces and community settings. Specific efforts will be made to close testing gaps for men, children, adolescents, young people, key and vulnerable populations and other groups that are not currently accessing HIV testing at sufficient levels. The importance of at least annual HIV testing will be emphasised, especially for young people. Self-screening will be rolled out as part of the strategy to expand HIV testing and to close testing gaps. A major push will be made to ensure 100% birth testing of newborns exposed to HIV and of provider-initiated counselling of mothers and testing for all children up to 18 months to identify those that have acquired HIV through breastfeeding. All children of HIV positive parents will be tested for HIV. Every person that is tested for HIV will also be screened for other STIs as well as for TB.’
“In our view the vision set out here is exactly what is needed in terms of HIV testing. The critical question however is whether we will see the necessary political will to drive this campaign – for example by taking it to workplaces and through ensuring sufficient funding for HIV self-testing and making sure referral networks are functional and easy to use for people who test positive. Fortunately, if we do the right things, the prospects are good in as far as HIV testing goes. While Johnson and colleagues’ model shows low likelihoods of reaching the second and third 90s, they project that South Africa is on course to reach the first 90 (90% of people with HIV know their status) by 2020.
“As an aside, it is concerning that the NSP is inconsistent on whether the 90-90-90 targets in South Africa are to be met by 2020 or 2022. On page 15 under Goal 1, it states that in order to achieve the objective, it must prioritise ‘achieving 90-90-90 by 2020 for HIV and TB’ and it also includes an explanation as to why 2020 was the adopted timeline for South Africa. However, later, on page 19, it states: ‘To reach the 90-90-90 HIV target by March 2022, the end of the period that this NSP covers…’ and later, “As this NSP covers the years 2017-2022, Goal 2 objectives and activities aim to reach the 90-90-90 target by 2022…’ To further confuse things, a recent article quotes deputy director general of health Yogan Pillay as saying that ‘by 2025, the health department aims to have 90% of all people diagnosed with HIV on treatment’ (the second 90).
“Moving these targets back to 2022 or 2025 would constitute a significant retreat from the ambitious 2020 goals set by UNAIDS.
“Like much of the NSP, the TB sections are superficially very good. There is for example a commitment to rapidly implement new treatments and diagnostics. This could be particularly important given that changes to diagnostic tests and algorithms and further changes to the treatment regimens for drug-resistant forms of TB and for latent TB are likely within the period of this NSP. Given South Africa’s good track record regarding the introduction of new TB diagnostics (Gene Xpert) and treatments (bedaquiline), we can expect this aspect at least to go well.
“The more difficult thing to fix in our TB response is ensuring that many more people get screened and tested so as to get people on to treatment quicker and to reduce the time that people are infectious. As in other areas, the NSP’s stated intent here is spot-on:
‘Every person who is tested for HIV must also be screened for TB, as must all TB contacts. Tracing of TB contacts is especially urgent for DR-TB and will be prioritised. This Plan envisages intensified TB case-finding in key populations, including household contacts of people with TB disease, healthcare workers, inmates, and people living in informal settlements. People with diabetes and every child contact of an adult TB patient will be screened. All patients suspected to have TB will receive appropriate diagnostics, including GeneXpert MTB/RIF as an initial diagnostic and rapid confirmation of results.’
“If this vision could be fully realised, it could have a dramatic impact on TB in South Africa. Again though, such a screening drive will be extremely labour intensive and require thousands of community healthcare workers and other healthcare workers to implement. The reality however is that there is an HR and funding crisis across the healthcare system and as yet no clear policy on the employment of CHWs. The NSP should have made it clear that its ambitious TB screening plans are fully dependent on certain human resource requirements being met – and then gone on to precisely outline and cost those human resource requirements. As it is, we have a great vision, but not much of a plan of how to realise that vision.
“Earlier drafts of the new NSP, as well as South Africa’s previous NSP, contained some, though insufficient, language on the decriminalisation of sex work. Even that language was eventually stripped from the new NSP. This is somewhat hard to understand given that the SANAC Sex Worker HIV Plan launched last year took a progressive position on the rights of sex workers and seemed to set a course toward decriminalisation. During the NSP development process, there was very strong support for the inclusion of a recommendation on decriminalisation from a number of civil society groups, including Sonke Gender Justice, SWEAT, Sisonke, and the TAC. No explanation has been provided to these groups as to why decriminalisation was cut from the NSP at the last minute.
“The removal of sex work from the NSP is likely one of the clearest examples of how the governance crisis at SANAC impacted the NSP. Under Abdullah’s leadership SANAC has in recent years taken very progressive positions on decriminalisation – supported by a number of civil society organisations and by the published evidence on sex work and HIV. However, with his removal as CEO and from the NSP drafting team, one of the most outspoken and influential supporters of decriminalisation was side-lined. It is after his departure that decriminalisation was completely removed from the NSP. Spotlight sources also report that civil society representatives who were part of the drafting team did not oppose the removal of decriminalisation – despite the views of the civil society organisations above being known to them.
“If the NSP’s ambitions regarding the better collection and use of data are met by 2022 South Africa’s healthcare system would have taken a significant step forward. Firstly, the NSP commits to the implementation of a unique patient identifier, which is welcome even though it is long overdue. This means patients will have their records stored electronically and these records could then be accessed at any healthcare facility. This should make it much easier for people to move between clinics or for people leaving correctional facilities to transition to clinics on the outside. Ensuring that this network is secure and that confidential patient information is not leaked will be a significant challenge – but not a reason not to implement the system.
“Secondly, the NSP imagines routine and efficient data collection across the healthcare system. Having more geographically specific but, where appropriate, personally deidentified, data should help to spot trouble areas and better target interventions. If such data is routinely made available to Aids councils, hospital boards and clinic committees, it could help inform more effective problem-solving. If shared publicly, which the NSP unfortunately does not explicitly suggest, it could make it easier for people to hold local healthcare managers accountable.
“It is telling that with this focus on data, the NSP does not make more of the data already being generated by the OHSC. This data already provides very useful insights on the state of the healthcare system in specific districts and specific facilities. More explicitly integrating the OHSC data into NSP-related monitoring would have helped to more effectively root the NSP in the reality of our struggling healthcare system. In addition, there may be a cautionary lesson for NSP-related data in the fact that OHSC data only became public after a PAIA request. In an unrelated case, Spotlight recently also had to file a PAIA request to access information held by the Department of Health. While the data revolution picture painted by the NSP is promising, it will come up against a deeply ingrained culture at the Department of Health whereby most bad news is buried.
“How one responds to the NSP is at least in part a question of strategy. While hardly anyone would be entirely happy with the plan, most people should find at least some elements they could agree with. How one weighs up those positive elements against the various flaws in the plan will likely depend on who you are and what your interests are.
“The most convincing argument for rejecting the NSP is that made by TAC and SECTION27 – that the NSP is fundamentally flawed and unimplementable since it does not take the current state of South Africa’s public healthcare system into account. In late March, the two groups said that they could not accept the NSP in the form it was then (referring to the then draft of the NSP and a summary document). The two groups said that they would only endorse the NSP if certain conditions were met. The conditions were as follows:
“If an addendum to the NSP is developed and published that provides detailed and realistic guidance to provinces and districts on NSP implementation. This must include provincial sub-targets on all key NSP targets and introducing smarter indicators as outlined by Doctors without Borders (MSF).
“If an addendum to the NSP is published setting out all the HR requirements for the various interventions and how this increased HR capacity is to be funded. This must include a budgeted and quantified plan and policy on community healthcare workers. Without such a plan we cannot endorse the NSP since we cannot endorse an unrealistic NSP.
“If all of the key interventions in the NSP are costed and funding sources identified. If all provincial Aids councils are chaired by their respective provincial Premiers and if all provinces produce realistic, costed and fully-funded implementation plans. These conditions have not been met so far – although some progress was made in the final NSP on condition 3. A key decision for activists is whether or not to hold out for all these conditions to be met, or to accept a flawed NSP and try to make the best of it.
“A rejection of the NSP will be a step too far for some people or organisations or may not make strategic sense for some. In such a case, one way forward is to identify some of the positive elements in the NSP and to advocate for their implementation. It could, for example, be very important to pressure and hold government accountable for implementing the HCT campaign envisaged in the NSP or to use the NSP to advocate for the rapid introduction of new TB diagnostics and treatments. As described above, there are quite a number of positive commitments in the NSP that can be used to hold government accountable and to drive implementation.
“Another possible position is simply to accept that the NSP has only limited influence since most key decisions regarding HIV and TB are ultimately made by government irrespective of what is written in the NSP. One could for example decide to ignore the NSP and simply attempt to engage with government directly as needed on specific policy issues. The difficulty with such a position is that one would essentially be forfeiting the good things that are included in the NSP. The NSP is after all endorsed by cabinet and as such presents official government policy – and in theory at least, such policy commitments are binding.
“Finally, one cannot divorce the NSP from the structures of Aids councils from local, district, provincial, to national level. Unfortunately Aids councils across the country have mostly – with a few exceptions – been dysfunctional. The ongoing governance crisis at SANAC itself is particularly alarming and there is a real question as to whether SANAC should continue to exist in its current form. It is possible though that a radically reformed SANAC could help save the NSP by filling in the gaps and bringing together the right people.”
Spotlight report
Charlotte Maxeke Hospital
CHW programme
Doctors Without Borders/ (MSF)
Gene Xpert)
Life Esidemini
National Strategic Plan (NSP) for HIV
Office of Health Standards Compliance (OHSC)
Promotion of Access to Information Act (PAIA)
SA AIDS Conference
SANAC
Sonke Gender Justice
Stop Stockouts Project
TB and STIs 2017 – 2022
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$500 million for Grand Rapids at stake in last leg of U.S. census
Updated Sep 09, 2020; Posted Sep 09, 2020
Census 2020 forms can be completed online, by phone or through the mail.U.S. Census Bureau
By Michael Kransz | mkransz@mlive.com
GRAND RAPIDS, MI -- About $500 million in federal funding for the Grand Rapids community is in jeopardy if the remaining 10 percent of residents are not counted in the 2020 U.S. census.
Lou Canfield, the city’s development center manager, gave that assessment during a press conference Wednesday morning, Sept. 9. The press conference took place at Burton Middle School and was held to encourage residents to fill out the census.
“The money isn’t just for city government or county government,” Canfield said. “In fact, most of it flows to schools, hospitals, health clinics, social service providers, community organizations and others who help knit together the fabric of our community and support a high quality of life. It all adds up.”
The current deadline to complete the census is Sept. 31. Residents can complete it online, by phone or by mail. More information can be found here.
The survey takes less than 10 minutes. There are no questions regarding citizenship on the census, and census workers will never ask for money, bank account information or a social security number.
About 90 percent of city residents have been counted so far -- up from 80 percent a few weeks ago, Canfield said.
That remaining 10 percent represents about $500 million in federal funding over the next decade, he said.
“An enormous amount of federal funding flows into our community based on the census count,” Canfield said. “How much? $18,000 per person over the course of a decade. Per person. That means when a family of five participates in the count, they will bring at least $90,000 to Grand Rapids over the next 10 years.”
The census also determines the amount of representation in the U.S. House of Representatives and the state Legislature and impacts upcoming redistricting.
The Wednesday press conference featured a diverse group of speakers, including those from the Black, Latino and Asian communities.
“African Americans and all other groups need to be coming to the forefront and coming together, saying to our brothers and sisters here in this particular place that, ‘We’re doing this together, we can’t make it without you,’” said Gertrude Croom, an organizer with ProActive.
ProActive bills itself as a non-partisan group that works to protect voter rights and empower the community.
Deborah Clanton, another organizer with ProActive, said there’s too much at stake to not complete the census.
“I’d like to make a statement to the 10 percent, the people who have not taken the time to fill out the census,” Clanton said. “You’ve heard all the facts in different languages. It’s been said in many different ways. We need you to step up to the plate. There are a number of vital resources that our community will lose if that 10 percent does not step up to the plate.”
Burton Middle School Principal Mike Perez spoke in both Spanish and English at the press conference, urging everyone to complete the census. Perez said census dollars play a vital role in education.
“Fewer people doing the census means fewer resources that we can give to our students,” Perez said. “For that reason I just want to urge each and every person, and not only in the Hispanic community.”
Volunteers are needed over the next two Saturdays to help canvass neighborhoods, specifically under-counted areas on the city’s Southwest and Southeast sides. Volunteers are asked to wear face coverings and be socially distant.
On Saturday, Sept. 12, volunteers will meet at 10 a.m. at National Supermarket, 1610 Clyde Park Ave. SW.
On Saturday, Sept. 19, volunteers will meet at 10 a.m. at Garfield Park, 334 Burton St. SE.
Both volunteer opportunities last until 1 p.m.
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Middletown veterans share stories from D-Day
1of2A special D-Day remembrance ceremony was held at the Middletown Elks Lodge on June 1.Julie Rancourt — Special to the Press Show MoreShow Less
2of2Julie Rancourt - Special to the PressJulie Rancourt — Special to the PressShow MoreShow Less
MIDDLETOWN >> Veterans gathered recently to honor those who stormed the beaches of Normandy, France 70 years ago and changed the course of history.
Approximately 50 people, including five World War II veterans were in attendance June 1 at the Elk’s Club in Middletown to remember, reflect, and show respect for the sacrifices made on D-Day.
On June 6, 1944, 160,000 Allied troops invaded Europe by way of a 5-mile stretch of beach, including a 19-year old Leo Kania of the 110th AAA Division. Kania, of Middletown, spoke to the group about landing on the beach strewn with barbed wire and about how scared he was. Over 9,000 soldiers were killed or wounded by day’s end.
Kania said despite seeing some things he’ll never forget, he also “met an awful lot of nice people and it was a great experience.”
Kania and fellow WWII veteran Angelo Bartalotta, of Middletown and 18 years old at the time of invasion, said they were grateful to gather together to tell their stories.
Phil Cacciola of Middletown, who served in the Army and Army Reserves from 1963-1993, said, “Some stories will never be told. We don’t want that to happen. We want to honor their service.”
Cacciola said he’s encouraged to say that Central Connecticut State University has launched an effort to interview as many WWII veterans, most in their 90’s, as possible in the hopes that their stories won’t be lost forever.
Kania said he would like to see the history of this war taught more in schools.
“I’ve traveled to speak at a lot of colleges and most don’t know what I’m talking about. One boy asked what ‘world war 11’ was,” Kania said.
Deputy Mayor Robert Santangelo also stressed the importance of honoring WWII veterans by hearing their stories.
“One hundred sixty thousand people went ashore, that’s 160,000 stories that have to be told,” Santangelo said.
After the introduction to the evening by Cacciola and the presentation of the colors by a Marine Corps Color Guard, saying of the Pledge of Allegiance, and singing of the national anthem, a narration was read which gave a brief history of the events of D-Day as well as what life was like back at home.
Ken McKellum read from the narration, “Japanese Naval General Isoroku Yamamoto said after seeing the patriotic fervor that followed the attack on Pearl Harbor, ‘I fear we have awoken a sleeping giant’.”
Women volunteered for jobs at home while men were away at war.
Former Marine Larry Herrmann explained in his narration that “the term ‘D-Day’ was the standard term for any day of invasion, but it was so embedded in our souls after that day, that it hasn’t been used since.”
The George Manstan Big Band played “Taps” and went on to entertain the guests while they had light refreshments after the program.
Santangelo closed his address by saying, “We have to keep remembering and keep honoring those who served.”
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Portland girl among 100 Big Brothers Big Sisters mentees getting free phones
Press Staff
June 5, 2020 Updated: June 5, 2020 1:12 p.m.
Nutmeg Big Brothers Big Sisters “little” sister, 10-year-old Stormey Ford of Portland, receives her free smartphone. These devices, which come with two months of free AT&T service, allow low-income children to remain connected with their mentors during the pandemic.
HARTFORD — Ten-year-old Stormey Ford of Portland was among 100 Nutmeg Big Brothers Big Sisters child participants who received free smartphones from AT&T to help them move to a virtual mentoring model implemented during the pandemic.
Stormey wore a protective mask during the pickup, as well as a tiara and sash for her birthday. She was very excited to receive the phone, according to Brian Kelly, director of marketing for Nutmeg BBBS.
At the beginning of the COVID-19 crisis, the mentoring agency implemented an virtual mentoring model to ensure that at-risk children could stay connected to their mentors, known as “bigs,” according to a press release.
Using a virtual mentoring tool kit, children and their “bigs” undertake joint activities and virtual tours, explore science, math and reading, play games and stay in close touch, the release added.
With these new devices, which come with two months of free AT&T service, low-income children will be able to remain connected with their “bigs,” as well as use them for distance learning during the remainder of the school year and beyond, according to the agency.
“For many of them, a smartphone is their only way of really connecting with their mentors,” Andy Fleischmann, president and CEO of Nutmeg BBBS, said in a prepared statement. “In this period of uncertainty and disconnection, keeping the vulnerable kids in our program in contact with their Big Brothers and Sisters — as well as other nurturing people in their lives — is tremendously important,” he added.
“It will help reduce their stress and anxiety, and, ensure that each week, they can connect with inspiring mentors who help keep them on a healthy path,” according to Fleischmann.
John Emra is president of AT&T Connecticut.
“Their dedicated volunteers and staff members are working hard to make sure mentoring continues, especially for vulnerable children who otherwise may have fallen through the cracks during the COVID-19 crisis. We hope these phones will enable children and mentors to remain connected an on track during this critical time,” he said in the statement.
This donation is part of a larger effort by AT&T to support student mentoring and distance learning during the COVID-19 crisis. In addition to local efforts, the company has supported numerous distance learning initiatives through its Distance Learning & Family Connections Fund.
Nutmeg Big Brothers Big Sisters is an affiliate of Big Brothers Big Sisters of America, the longest established youth mentoring organization in the world, which was founded in 1904. Based in Hartford, Nutmeg serves 132 of Connecticut’s 169 municipalities.
For information, visit nbbbs.org.
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Tactic Games Oy provides its consumers with products and services that offer unforgettable moments of togetherness, memorable experiences and feelings of joy, excitement and success. We also feel very strongly about protecting our customers’ privacy, and one of our key values is taking great care and extensive measures to protect our customers’ data. We have therefore prepared and re-stated data protection principles that concern the entire Tactic Games Group. Introduction Tactic Games Oy, P.O. Box 4444, 28101 Pori and its subsidiaries and branches (hereafter Tactic, we, us, our or ours) is the controller of personal data and is committed to protecting and respecting the privacy and personal integrity of data subjects when they use Tactic products and services, browse the Tactic website or use our applications. This document lays down the data protection principles according to which Tactic processes personal data. 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A number of reports and recent cases have suggested that there is still prejudice against obese people in the workplace. Fatter people are sometimes not seen as leaders and less productive.
Why does the law view issues of weight differently to other areas of discrimination?
Really? Can you imagine the outcry if it were suggested that women were generally less capable than men or that certain racial groups were not suited to particular types of work?
Certainly, from personal experience, people seem to think it perfectly acceptable to point out that you have put on weight/lost weight etc without so much as batting an eyelid.
So why do we view issues of weight differently to other areas of discrimination?
Taking an entirely legalistic view, just being fat is not seen as a 'protected characteristic' for the purposes of Equality Legislation in the same way that race, sex or sexual orientation are. Further, obesity is not in and of itself a disability - although being overweight may make it more likely that an individual suffers from a disability, e.g. diabetes.
In Walker v Sita Information Networking Computing Ltd, C weighed 137kg and suffered from a wide range of symptoms associated with obesity including joint pain and difficulty walking. The employment tribunal concluded that he was not disabled on the basis that medical evidence said that there was no cause to the physical or mental symptoms other than obesity. C appealed. On appeal, it was held that the real issue was whether or not C had a physical or mental impairment. The cause of the impairment is only relevant in so far as the tribunal may find that a person does not have a disability because it has no recognised cause.
So whilst the Employment Appeal tribunal did not say "Fat = disability", it did say that obesity may make it more likely that an individual is disabled. C's appeal was therefore allowed.
In the Danish case of FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13. The Danish Court asked the EUCJ to specify:
Whether or not EU law itself prohibits discrimination on the grounds of obesity and
Whether or not obesity could constitute a disability
The “Employment Equality Directive” establishes a general framework for equal treatment in employment and is binding on all member states including the UK. It covers matters such as sex, religion, disability, but doesn’t specifically cover obesity.
The particular case concerned Mr Kaltoft who had worked for a nursery for 15 years and who was dismissed on the grounds of redundancy. Mr Kaltoft, who reportedly weighed 25 stone and satisfied the WHO definition of obesity, argued that his selection for redundancy was due to his weight.
The EUCJ stated that the general principle of non discrimination was a fundamental right integral to the general principles of EU law but that no treaty prohibited discrimination on the grounds of obesity as such. Nevertheless, the definition of ‘disability’ included a long term physical, mental or psychological impairment which may hinder an individual’s full and effective participation in professional life on an equal basis with others.
Therefore, if a person’s obesity is such so as to place limitations on their participation at work, it may amount to a disability. Furthermore, the fact that an employer may have made adjustments to allow participation at work did not mean that the person was not disabled.
The case was then referred back to the Danish Court to determine if Mr Kaltoft’s particular obesity fell within the definition of disability taking the above into account.
The decision in Karsten Kaltof is binding on all member states and is seen as controversial in some quarters because some individuals regard obesity as a life choice rather than an illness. However the Advocate General has been keen to point out that it will not matter whether the obesity is caused by an underlying medical condition or simply the over-consumption of food. The crucial issue is whether or not the employee is, in fact, suffering from a long term impairment.
E-mail: srushton@moonbeever.com
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13 Perfect Songs About the Moon!
One good thing about music, when it hits you, you feel no pain.
~Bob Marley
Music is one of the most expressive art forms, and it has come out of every culture on the planet. And for so many of these songs the artists have taken their love for music, and their love for the moon, to a perfect mix right in the middle with songs about music. Collected are 13 of the best songs about the moon, with an emphasis on the 20th century.
“Moon Shadow” by Cat Stevens, from the album “Teaser and the Firecat”, which was produced by Paul Samwell-Smith at A&M Records and released in 1971. It’s a beautiful song that has been covered several different times, including one by Mandy Moore in 2003.
“Dancin’ in the Moonlight” is a song by Thin Lizzy off of the album “Bad Reputation”. It shares the album with the title song, which while being more famous, isn’t quite as beautiful as the song of the moon. It was released in 1977, produced by Tony Visconti of Vertigo Records. It’s classified as a hard rock album, but now it’s as classic a rock as the moon is!
“Moonage Daydream” from the classic album “The Rise and Fall of Ziggy Stardust and the Spiders from Mars” is a song by the late and great David Bowie. It was self-produced, and released by the label RCA Victor in June of 1972. It’s part of his famous concept album and plays a major role in the story of Ziggy that unfolds.
“Moonlight Drive” by the Doors, is an amazing song off their album “Strange Days” which was released in 1967. It was one of the first songs the lead singer Jim Morrison wrote, and has been a favorite with the fans since. It plays off the romance of the moonlight, and that’s a sentiment that everyone can share.
“Bad Moon Rising” is a song by Creedence Clearwater Revival, the lead single to their album “Green River.” It was released about 4 months before the album came out in 1969, and reached Number 2 on the Billboard Hot 100 singles chart and number 1 on the UK Single’s chart for three weeks in a row. It was CCR’s second gold single.
There really is no such thing as a bad moon though the full moon has pleanty of myths associated with it. Click here to learn more.
“Moondance” by Van Morrison is the title song for the 1970 album “Moondance”. It was the third studio album by the singer and songwriter, and was much more successful than the commercial failure of “Astral Weeks”.
“Fly Me to the Moon” by Frank Sinatra is probably one of the most romantic songs to stand the test of time as it has. It was originally titled “In Other Words”, when it was written by Brent Howard. It came off the 1964 frank Sinatra album “I t Might as Well Be Swing.”
“Half Moon” by Janis Joplin is most notably from the album “Wicked Woman.” Wicked Woman is a bootleg album from her last performance less than two months before she died. The recordings on the album are courtesy of the audience members recording it at the time.
“Havana Moon”, which is mostly known as a solo project album by the same name from artist Carlos Santana. It features the cover of the Chuck Berry classic, as well as several others. It was self produced, and released in 1983.
“Brother Wolf, Sister Moon” by The Cult is a great song that draws a reference to the connection between wolves, and the power of the moon, it also speaks very strongly about human feeling, and echoes the moon’s power to help you move on.
Interested in learning more about wolves and the Moon? Check out our blog post agout it right here!
“Man on the Moon” from R.E.M.is part of the album “Automatic for the People” that was released in 1992. It was released by Warner Bros. Records, was nominated for a Grammy for “Album of the Year”, and even though it didn’t take that, it did take the NME Award for Best Album.
“Sisters of the Moon” from the Fleetwood Mac album titled “Tusk” that was released in October of 1979, it was their 12th album, which makes it the perfect 12th entry for our list of beautiful songs inspired by the moon. But don’t fret, there’s one left!
“Moon at the Window” by Joni Mitchell brings us in at a full 13. It’s from her transitional album “Wild Things Run Fast” which recorded her transition from jazz into the more 1980s style pop genre. IT was released in 1982, produced by herself, and released by the label Geffen Records.
Music runs through the blood of everyone and these songs, with the moon as their inspiration, rock as hard as the moon itself!
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Ethics and Transparency
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At our company, privacy begins with trust.
In 2001, Merck & Co., Inc. (Kenilworth, NJ, USA), which operates as MSD outside of the U.S. and Canada, established a Privacy Office to develop and oversee a global privacy program for our operations around the world. Our program is based on four privacy values that provide the foundation for responsible engagement, interactions and use of information about people:
- respect for individual privacy expectations,
- building and preserving trust,
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- compliance with the letter and spirit of privacy and data protection laws around the world.
Our privacy program is built on a platform of organizational accountability for privacy, stewardship of the data we use to operate our business, consistent global privacy practices and standards that carry on our tradition of upholding high ethical standards across our business practices, and ongoing oversight to ensure that we continue to respond to changes in privacy expectations as technology and our business continue to evolve. For more information about our program, please see the global privacy program section of our corporate responsibility report and in our official Global site.
Copyright © 2009-2017 Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc. Kenilworth, NJ, USA All rights reserved.
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Forward-Looking Statement of MSD & Co., Inc., Kenilworth, NJ, USA
This website of MSD & Co., Inc., Kenilworth, NJ, USA (the “company”) includes “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. These statements are based upon the current beliefs and expectations of the company’s management and are subject to significant risks and uncertainties. There can be no guarantees with respect to pipeline products that the products will receive the necessary regulatory approvals or that they will prove to be commercially successful. If underlying assumptions prove inaccurate or risks or uncertainties materialize, actual results may differ materially from those set forth in the forward-looking statements.
Risks and uncertainties include, but are not limited to, general industry conditions and competition; general economic factors, including interest rate and currency exchange rate fluctuations; the impact of pharmaceutical industry regulation and healthcare legislation in the United States and internationally; global trends toward healthcare cost containment; technological advances, new products and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approval; the company’s ability to accurately predict future market conditions; manufacturing difficulties or delays; financial instability of international economies and sovereign risk; dependence on the effectiveness of the company’s patents and other protections for innovative products; and the exposure to litigation, including patent litigation, and/or regulatory actions.
The company undertakes no obligation to publicly update any forward-looking statement, whether as a result of new information, future events or otherwise. Additional factors that could cause results to differ materially from those described in the forward-looking statements can be found in the company’s 2015 Annual Report on Form 10-K and the company’s other filings with the Securities and Exchange Commission (SEC) available at the SEC’s Internet site (www.sec.gov).
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The information contained in this website was current as of the date presented. The company assumes no duty to update the information to reflect subsequent developments. Consequently, the company will not update the information contained in the website and investors should not rely upon the information as current or accurate after the presentation date.
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CERB/EI Update- September 27, 2020
-Employment and Social Development Canada
EI will now be available to more Canadians, including those who would not have qualified for EI in the past, supporting an additional 400,000 people through the program. Canadians receiving EI are eligible for a taxable benefit at a rate of at least $500 per week, or $300 per week for extended parental benefits. Canadians claiming EI benefits for job loss would be eligible for at least 26 weeks. Returning to the EI program will allow claimants to benefit from the Working While on Claim rules. These rules allow claimants to keep receiving part of their EI benefits and all their earnings from work. In addition, employers will once again be able to make use of registered Supplemental Unemployment Benefit (SUB) plans to provide support to employees.
The EI program will also allow Canadians with 120 hours of insurable work or more to qualify by providing a temporary, one-time credit of 300 insurable hours for those claiming EI regular and work-sharing benefits. Canadians claiming EI special benefits – including maternity, parental, sickness, compassionate care, and family caregiver – will be provided with a temporary, one-time credit of 480 insurable hours.
In light of the continuing pandemic, the waiting period will be waived for EI sickness benefit claimants to encourage compliance with public health measures. The requirement to provide a medical certificate will also be waived for all sickness claimants. Service Canada will retain the ability to request evidence of sickness for integrity purposes.
To ensure a smooth transition to EI, the majority of Canadians still receiving the CERB through Service Canada who are eligible for EI will be automatically transitioned. Service Canada will contact all EI clients to confirm whether they need to apply or are being transitioned automatically. Clients can also verify the status of their claim in their My Service Canada Account.
As is normally the case, Canadians become eligible for their first EI payment at the end of the two weeks that they are out of work. This means, for example, that those switching to EI from CERB effective September 27, 2020, will be eligible for their first EI payment as of October 11. Over 80% of eligible Canadians are expected to receive their payment by October 14 – 3 days after becoming eligible, and over 90% are expected to be paid within 3 to 14 days.
On September 24, 2020, the Government announced the introduction of Bill C-2, to create three new temporary Recovery Benefits. Specifically, the legislation includes:
A Canada Recovery Benefit (CRB) of $500 per week for up to 26 weeks, to workers who are self-employed or are not eligible for EI and who still require income support. This Benefit would support Canadians who have not returned to work due to COVID-19 or whose income has dropped by at least 50%. These workers must be available and looking for work, and must accept work where it is reasonable to do so;
A Canada Recovery Sickness Benefit (CRSB) of $500 per week for up to two weeks, for workers who are sick or must self-isolate for reasons related to COVID-19. This Benefit supports our commitment to ensure all Canadian workers have access to paid sick leave; and,
A Canada Recovery Caregiving Benefit (CRCB) of $500 per week for up to 26 weeks per household, for eligible Canadians unable to work because they must care for a child under the age of 12 or family member because schools, day-cares or care facilities are closed due to COVID-19 or because the child or family member is sick and/or required to quarantine.
Canadians will be able to apply for the CRB, CRSB, and CRCB through the Canada Revenue Agency (CRA) for one year up until September 25, 2021.
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Morgan Properties Closes Investments in Six Freddie Mac K-Series B-Pieces Across $6.5 Billion in Total Multifamily Loans in 2020
KING OF PRUSSIA, PA - Morgan Properties, the nation's fifth largest apartment owner and operator, is excited to announce its continued investment in the Freddie Mac K-Series space having acquired six separate K-Series B-Pieces in 2020 across $6.5 Billion in loans. The six B-Pieces that Morgan Properties acquired had a total face amount of around $500 million.
In September 2017, Morgan Properties launched its Special Situations platform where the company invests in fixed income securities, recapitalizations and other alternative investment opportunities. Morgan Properties saw a great opportunity to leverage off its vertically integrated multifamily investment platform and further diversify in the capital stack. Since launching its Special Situations platform, Morgan Properties has closed multiple recapitalizations of large multifamily equity portfolios along with 15 Freddie Mac K-Series B-Pieces across $15 billion in loans with a total face amount of $1.1 billion.
“Despite 2020 being an unprecedented year, Morgan Properties continues to lead as one of the most active multifamily equity and credit investors in the nation. Our continued expansion in the Freddie K space is a testament to our conviction in multifamily fundamentals long term,” said Jason Morgan, Principal of Morgan Properties. “Freddie Mac and Fannie Mae have stepped up to stabilize the housing sector during a time of tremendous uncertainty and we feel honored to play a small role as a B-Piece investor helping ensure a functional securitization process. We look forward to continuing to grow our Special Situations platform in 2021 and beyond.”
Details on the six K-Series Deals Morgan Properties closed in 2020 are as follows:
K-105: The issuance is supported by a pool of 71 multifamily mortgage loans. At closing, the total loan balance represented by the Pass-Through Certificates was approximately $1.5 billion and the B-Piece that Morgan Properties acquired had a face amount of approximately $110 million. The loan metrics underlying the Pass-Through Certificates included: LTV of 67.5 percent at closing, which is anticipated to amortize down to 62.0 percent by maturity; and a weighted average net cash flow debt service coverage ratio of 1.49x.
KG-03: The issuance is supported by a pool of 24 multifamily mortgage loans. At closing, the total loan balance represented by the Pass-Through Certificates was approximately $595 million and the B-Piece that Morgan Properties acquired had a face amount of approximately $45 million. The loan metrics underlying the Pass-Through Certificates included: LTV of 75.1 percent at closing, which is anticipated to amortize down to 66.2 percent by maturity; and a weighted average net cash flow debt service coverage ratio of 1.36x.
K-114: The issuance is supported by a pool of 59 multifamily mortgage loans. At closing, the total loan balance represented by the Pass-Through Certificates was approximately $1.3 billion and the B-Piece that Morgan Properties acquired had a face amount of approximately $98 million. The loan metrics underlying the Pass-Through Certificates included: LTV of 68.7 percent at closing, which is anticipated to amortize down to 63.3 percent by maturity; and a weighted average net cash flow debt service coverage ratio of 1.64x.
KSG-1: The issuance is supported by a pool of 28 multifamily mortgage loans. At closing, the total loan balance represented by the Pass-Through Certificates was approximately $579 million and the B-Piece that Morgan Properties acquired had a face amount of approximately $43 million. The loan metrics underlying the Pass-Through Certificates included: LTV of 70.6 percent at closing, which is anticipated to amortize down to 63.6 percent by maturity; and a weighted average net cash flow debt service coverage ratio of 1.55x.
K-118: The issuance is supported by a pool of 55 multifamily mortgage loans. At closing, the total loan balance represented by the Pass-Through Certificates was $1.3 billion and the B-Piece that Morgan Properties acquired had a face amount of approximately $97 million. The loan metrics underlying the Pass-Through Certificates included: LTV of 64.6 percent at closing, which is anticipated to amortize down to 59.1 percent by maturity; and a weighted average net cash flow debt service coverage ratio of 2.12x.
Freddie Mac Multifamily is a leading issuer of agency-guaranteed structured multifamily securities. K-Series Deals are part of the company’s business strategy to transfer a portion of the risk of losses away from taxpayers and to private investors who purchase the unguaranteed subordinate bonds, such as the “B-Piece.” K Certificates typically feature a wide range of investor options with stable cash flows and structured credit enhancement.
About Morgan Properties: Established in 1985 by Mitchell Morgan, Morgan Properties is a national real estate investment and management company headquartered in King of Prussia, Pennsylvania. Morgan Properties and its affiliates own and manage a multifamily portfolio comprised of 307 apartment communities and over 79,649 units located in 15 states, primarily in the Mid-Atlantic and Northeast Region. Morgan Properties is currently the largest multifamily owner in Pennsylvania, Maryland and New York, as well as the fifth largest apartment owner in the country. With approximately 2,000 employees across its geographic footprint, the Company prides itself on its quick decision-making ability, strong capital relationships and operational expertise. Learn more at www.morganproperties.com
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Home Front Page News OC Museum of Art Appoints Interim Director
OC Museum of Art Appoints Interim Director
The Orange County Museum of Art has appointed Chief Curator Dan Cameron as Interim Director and CEO at the museum while the search for an executive director and CEO continues. This appointment commences January 1, 2014, following the departure of Dennis Szakacs as Director and CEO at the end of the year.
With more than three decades of organizing acclaimed exhibitions of contemporary art throughout the United States and abroad, and curating several exhibitions at OCMA including the highly acclaimed 2013 California-Pacific Triennial, Cameron’s experience and perspective will greatly help the museum during this period of transition.
“As we near the end of Dennis’ tenure at the museum and thank him for his many contributions and exceptional leadership, we are grateful that Dan has agreed to step into the director’s position and maintain the momentum that OCMA has gained in recent years,” stated President Craig Wells.
Among his accomplishments, Cameron was the first U.S. commissioner for the “Aperto” section at the 1988 Venice Biennale. In 1994 he curated “Cocido y Crudo” at the Museo Reina Sofia in Madrid, the most comprehensive exhibition of new international art ever presented in Spain.
In 2003 he presented “Poetic Justice,” the 8th Istanbul Biennial; and in 2008 he launched “Prospect New Orleans,” the largest biennial (now triennial) of international contemporary art in the United States.
From 1995 through 2006, as Senior Curator at the New Museum of Contemporary Art in New York, he organized retrospective exhibitions of Carolee Schneemann, Paul McCarthy, David Wojnarowicz, and Faith Ringgold, among others.
Since his arrival at OCMA in January of 2012, Cameron has curated several exhibitions including “Pairings,” a series of 12 installations from the collection, each focusing on the work of two artists presented in juxtaposition with one another.
This year Cameron organized the inaugural California-Pacific Triennial, the first survey exhibition devoted to contemporary art from throughout the Pacific Rim. The 2013 California-Pacific Triennial included twenty-three artists from fifteen countries that border the Pacific Ocean, together with nine artists from California and two from Seattle, Washington.
“California Landscape into Abstraction: Works from the Orange County Museum of Art,” his current exhibition, explores ways in which artists from the West Coast have played a role in transforming landscape into abstraction and in some instances, back again.
Cameron’s appointment follows several years of substantial growth and accomplishment at OCMA, with an ambitious exhibition program that rivals those of much larger museums, and groundbreaking educational programs that explore new and better ways of connecting people through art.
In the past ten years, 15 OCMA-organized exhibitions have traveled to 37 museums across the U.S. and abroad, and more than 20 exhibition catalogs were published or co-published – key measures of scholarly and artistic contributions to the art world.
Research, conservation, and public access to the collection have all been enhanced with a series of important collection exhibitions supported by substantial grants from major public foundations. The collection’s focus was broadened from Southern California to include national and international artists, with a particular focus on artists from diverse ethnicities and cultures.
The search committee from the OCMA Board of Trustees continues its work with Heidrick & Struggles to determine the next director and CEO for the museum.
For more information on OCMA, call (949) 759-1122 or visit ocma.net.
OCMA
orange county museum of art
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Tags Abdul Kalam
Tag: Abdul Kalam
10 Famous Indian Scientists Who Made The Difference
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Night out for girls not in our culture: Mahesh Sharma
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Modi pays tribute to Kalam
NG News Desk - July 30, 2015 0
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Kalam body being taken to Rameswaram
Rameswaram (Tamil Nadu): The mortal remains of former president A.P.J. Abdul Kalam were on Wednesday taken by helicopter from Madurai to Mandapam, around 22...
Pakistan PM condoles Kalam’s death
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Cabinet condoles Kalam’s death, says India lost a great son
New Delhi: The union cabinet on Tuesday expressed sorrow at the death of former president A.P.J. Abdul Kalam and in a resolution passed at...
When Canadian Governor General delayed his oath-taking for Kalam
Toronto: A.P.J. Abdul Kalam was so much respected in Canada that the current Governor-General David Johnston delayed his oath-taking in 2010 so that he...
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Oregon Becomes First State to Decriminalize Drugs As State's Voters Approve Ballot Measure
By Jason Lemon On 11/4/20 at 12:25 AM EST
U.S. Oregon Drugs Marijuana Cannabis
Oregon's voters made history in Tuesday's election as the majority approved a ballot measure that decriminalized all drugs in the West Coast state.
With the passage of Measure 110, Oregon has become the first state in the nation to decriminalize drugs. The measure also expands access to addiction treatment and health services for drug users. The initiative was led by Drug Policy Action—the advocacy and political branch of the non-profit Drug Policy Alliance.
"Today's victory is a landmark declaration that the time has come to stop criminalizing people for drug use," Kassandra Frederique, executive director of the Drug Policy Alliance, said in a statement emailed to Newsweek.
"Measure 110 is arguably the biggest blow to the war on drugs to date. It shifts the focus where it belongs—on people and public health—and removes one of the most common justifications for law enforcement to harass, arrest, prosecute, incarcerate, and deport people. As we saw with the domino effect of marijuana legalization, we expect this victory to inspire other states to enact their own drug decriminalization policies that prioritize health over punishment," Frederique said.
Oregon residents drop off their ballots near the Multnomah County Elections building in Portland, Oregon on November 3 ANKUR DHOLAKIA/AFP/Getty
The Drug Policy Alliance spent $4 million in its campaign to promote the passage of Measure 110, while opponents spent just $95,000, The Oregonian reported. Facebook founder and CEO Mark Zuckerberg gave $500,000 to support the initiative, while the the American Civil Liberties Union of Oregon and the national ACLU each contributed $150,000.
Singer John Legend tweeted his support of the measure in late October.
"OREGON: I support Measure 110 to decriminalize drug possession and fund more treatment services. Please @VoteYeson110 to reform the criminal justice system," Legend wrote.
The Oregon Secretary of State's office released a report by the state's Criminal Justice Commission in August, which projected that the arrest of Black residents of the state for drugs would decline by 95 percent if the measure passed. "In addition, Native American Oregonians would go from being overrepresented, to underrepresented compared to white individuals," the report said.
The Oregon measure aims to follow a similar model as that of Portugal, which decriminalized drugs in 2001. The European country has seen significantly positive results since that decision, including an increase in drug users voluntarily seeking treatment. Overdose deaths and HIV infections among drug users have also declined sharply there.
"While drug decriminalization cannot fully repair our broken and oppressive criminal legal system or the harms of an unregulated drug market, shifting from absolute prohibition to drug decriminalization is a monumental step forward in this fight. It clears the path toward treating drug use as a health issue, restores individual liberty, removes one of the biggest underpinnings for police abuse, and substantially reduces government waste," Frederique said.
Meanwhile, several states across the country voted on ballot measures to legalize the sale and use of marijuana—which was already legal in Oregon. Although results are still pending in South Dakota and Montana as of the time of writing, Arizona and New Jersey joined the 11 other states that have previously legalized cannabis for recreational use by adults 21 and older.
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"According to the latest Gallup poll, 66 percent of Americans support marijuana legalization, and this victory further reinforces that stance," Steve Hawkins, executive director of the Marijuana Policy Project, said in a statement emailed to Newsweek. "We are poised for major marijuana reform federally. Regardless of who controls the White House, the House, or the Senate, Americans are ready for legal marijuana."
Polling conducted by the Cato Institute, a Libertarian think tank, in March 2019 found that the majority of Americans favor decriminalizing all drugs. The survey showed that 55 percent of respondents favored decriminalization while just 44 percent were opposed. The poll had a margin of error of plus or minus 2.2 percentage points, with a 95 percent level of confidence.
Despite the decision by Oregon's voters, drugs remain strictly illegal under federal law. Even though a growing number of states have legalized marijuana, the plant is still classified as a schedule 1 illegal substance (alongside heroin and meth) by the Drug Enforcement Administration.
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Sam Cooke (January 22, 1931 – December 11, 1964) was a popular and influential American gospel, R&B, soul, and pop singer, as well as songwriter and entrepreneur. Indeed, musicians and critics today recognize him as one of the originators of soul music and among the most influential singers in postwar American popular music.
James Brown is known as the "Godfather of Soul," yet Cooke's status as the "King of Soul" perhaps best reflects his stature and legacy. He had 29 Top 40 hits in the United States between 1957 and 1965, including major hits like "You Send Me," "Chain Gang," "Wonderful World," and "Bring It On Home To Me." His elegiac ballad "A Change is Gonna Come," recorded in 1963 and released just after his death in 1964, has come to be regarded as one of his greatest and most socially conscious compositions, although overshadowed on the charts by the emergence of the Beatles.
1.1 Solo career
1.2 Social and political stands
1.3 Record labels
2.1 How it happened
2.2 Court investigation and verdict
2.3 Dispute
4 Cultural reference
5 Discography
5.1 Hit US and UK singles
5.2 Hit U.S. and UK albums
Cooke was among the first modern black performers and composers to set the precedent of attending to the business side of his musical career by founding both a record label and a publishing company.[1] He also took an active part in the Civil Rights Movement, refusing to perform to segregated audiences and seeking through his song-writing and singing to bridge gaps between blacks and whites. Sam Cooke died in compromising circumstances at age 33, just as he was approaching his creative zenith. A consummate artist, Cooke was a unifying voice whose broad appeal in an increasingly polarized society was tragically cut short.
Sam Cooke was born Samuel Cook in Clarksdale, Mississippi. He was one of eight children of Annie Mae and Rev. Charles Cook, a Pentecostal minister. The family moved to Chicago in 1933. Cooke began his musical career with his siblings in the Singing Children, followed by a turn in his teenage years as a member of the gospel group, the "Highway QCs". In 1950, at the age of 19, he joined The Soul Stirrers and achieved significant success and fame within the gospel community. For six years he was the reigning voice of gospel; Cooke would have been famous for his role in the Soul Stirrers, even if he had not crossed over to pop.[2]
Solo career
There was a considerable taboo against gospel singers performing secular music. Cooke's first pop single, "Lovable" (1956), was released under the alias "Dale Cooke" to avoid offending his group and alienating his gospel fan base. However, the alias failed to hide Cooke's unique and distinctive vocals. No one was fooled. Art Rupe, the head of Specialty Records, gave his blessing for Cooke to record secular music under his real name, but was unhappy about the type of music Cooke and his producer, Bumps Blackwell, were making. Rupe expected Cooke's secular music to be similar to that of another Specialty Records artist, Little Richard. When Rupe walked in on a recording session and heard Cooke covering Gershwin, he was quite upset.
After an argument between Rupe and Blackwell, Cooke and Blackwell left the label, and Cooke signed with Keen Records in 1957, after which Cooke burst onto the pop scene with the 1957 release of his million-selling single, "You Send Me." The song's innovative blend of Gospel, Pop, and R&B earned him the title of "The Man Who Invented Soul" and stayed on the charts an amazing 26 weeks, rising to #1 in both the Pop and R&B markets, spending six weeks on the Billboard R&B chart and three weeks on the Billboard Hot 100 pop chart at #1. After the success of his second single, "I'll Come Running Back to You," Cooke created a publishing imprint and management firm. He then left Keen to sign with RCA Victor, where his first single was the famous, "Chain Gang," which was followed by the singles "Sad Mood," "Bring it on Home to Me" (with Lou Rawls on backing vocals), "Another Saturday Night" and "Twistin' the Night Away." Cooke released a critically acclaimed blues-inflected LP in 1963, "Night Beat."
In all he had 29 top 40 hits on the pop charts, and an amazing 34 Top 40 R&B hits over his eight-year pop career, with most like "You Send Me" and "I'll Come Running Back to You" written by Cooke himself. Cooke also wrote and recorded such classics as "Chain Gang," "Only Sixteen," "Cupid," "Wonderful World," "Having a Party," and "A Change is Gonna Come," and was among the original inductees into the Rock and Roll Hall of Fame, in 1986. Cooke was known for having written many of the most popular songs of all time in the genre, yet, in spite of this, is often unaccredited for many of them by the general public.
Social and political stands
Sam Cooke is remembered as a pioneer both socially and musically. Blessed with a keen sense of vision and foresight, Sam Cooke was one of the first artists to capitalize on the crossover appeal of popular music by intentionally recording songs that targeted both the black and white markets. In addition to being an accomplished singer, songwriter, and producer, he was remembered as the first artist to take a political stand and refuse to sing to segregated audiences.[3]
He recognized the politics of the music industry early in his career. At a time when record labels often left even the most talented and successful artist broke and penniless, Sam Cooke was one of the first artists, black or white, to buck the system and demand ownership of his career. He signed an unprecedented deal with RCA, in 1960, after coming to the agreement that they let him retain control of the copyrights to his music. He was the first African-American artist to own a record label, and he established his own management company and music publishing company as well.
In addition to his success in writing his own songs and achieving mainstream fame — a truly remarkable accomplishment for an R&B singer at that time—Cooke continued to astonish the music business in the 1960s with the founding of his own label, SAR Records, which soon included The Simms Twins, The Valentinos, Bobby Womack, and Johnnie Taylor. Yet, his legacy as a record company owner and record producer has been relatively ignored.
Cooke and fellow musician and friend, J. W. Alexander, started the SAR and Derby labels in 1957. Along with the record company, they had their own music publishing companies: Kags Music Co. (BMI) and Malloy Music Co.(ASCAP)[4] The SAR label was geared for the rhythm 'n' blues market, while its companion label, Derby, was pop-oriented. The two record labels showcased the skills of Cooke and Alexander as songwriters and producers; they did most of the production and a great deal of the songwriting on everything they recorded.[5]
The label can't be properly understood without understanding how strong the gospel connection was with almost every artist on the label. In a much smaller and more intimate fashion, SAR was a kind of family-affair record company: Close friends and long-term associates from their years on the gospel circuit were called in by Cooke and Alexander to record for the label.[6]
It was dissolved shortly after Cooke's death in 1964. The rights to the recordings and the publishing were bought up shortly thereafter by Allen Klein, who was Cooke's last manager. Fifty-seven singles and Four LPs were issued on the Sar label, and 11 45s and two LPs on Derby Records.[6]
Cooke died under precarious circumstances at the young age of 33 on December 11, 1964 in Los Angeles. He was shot to death; the court verdict was justifiable homicide, though many believe that crucial details did not come out in court or were buried afterward. The details of the case involving Sam Cooke's death are still in dispute.
Posthumous releases followed, many of which became hits, including "A Change Is Gonna Come," an early protest song which is generally regarded as his greatest composition. After Cooke's death, his widow, Barbara, married Bobby Womack. Cooke's daughter, Linda, later married Bobby's brother, Cecil Womack.
The official police record[7] states that Cooke was shot to death by Bertha Franklin, the manager of the Hacienda Motel, where Cooke had checked in earlier that evening. Franklin claimed that Cooke had broken into the manager's office/apartment in a rage, wearing nothing but a shoe and an overcoat (and nothing beneath it) demanding to know the whereabouts of a woman who had accompanied him to the motel. Franklin said that the woman was not in the office and that she told Cooke this, but the enraged Cooke did not believe her and violently grabbed her, demanding again to know the woman's whereabouts. According to Franklin, she grappled with Cooke, the two of them fell to the floor, and she then got up and ran to retrieve her gun. She said that she then fired at Cooke in self-defense because she feared for her life. According to Franklin, Cooke exclaimed, "Lady, you shot me," before finally falling, mortally wounded.
According to Franklin and to the motel's owner, Evelyn Carr, they had been on the phone together at the time of the incident. Thus, Carr claimed to have overheard Cooke's intrusion and the ensuing confrontation and gunshots. Carr called the police to request that they go to the motel, informing them that she believed a shooting had occurred.
Court investigation and verdict
A coroner's inquest was convened to investigate the incident. The woman who had accompanied Cooke to the motel was identified as Elisa Boyer, age 22, who had called the police that night shortly before Carr did. Boyer had called the police from a phone booth near the motel, telling them she had just escaped from being kidnapped.
Boyer told the police that she had first met Cooke earlier that night and had spent the evening in his company. She claimed that after they left a local nightclub together, she had repeatedly requested that he take her home, but that he instead took her against her will to the Hacienda Motel. She claimed that once in one of the motel's rooms, Cooke physically forced her onto the bed and she was certain he was going to rape her. According to Boyer, when Cooke stepped into the bathroom for a moment, she quickly grabbed her clothes and ran from the room. She claimed that in her haste, she had also scooped up most of Cooke's clothing by mistake. Boyer said that she ran first to the manager's office and knocked on the door seeking help. However, she said that the manager took too long in responding, so, fearing Cooke would soon be coming after her, she fled the motel altogether before the manager ever opened the door. She claimed she then put her own clothing back on, stashed Cooke's clothing away and went to the phone booth from which she called police.
Boyer's story is the only account of what happened between the two that night. However, her story has long been called into question. Due to inconsistencies between her version of events and details reported by other witnesses, as well as other circumstantial evidence (for example, cash Cooke was reportedly carrying that was never recovered, and the fact that Boyer was soon after arrested for prostitution), many people feel it is more likely that Boyer went willingly to the motel with Cooke, and then slipped out of the room with Cooke's clothing in order to rob him, rather than in order to escape an attempted rape.
Ultimately though, such questions were beyond the scope of the investigation. Its purpose was simply to establish the circumstances of Franklin's role in the shooting, not to determine what had explicitly happened between Cooke and Boyer before the shooting.
Two points combined to make Franklin's explanation valid. 1) Boyer's leaving the motel room with almost all of Cooke's clothing in tow (regardless of exactly why she did so) combined with the fact that 2) tests showed Cooke was inebriated at the time, provided a plausible explanation for Cooke's bizarre behavior and state of dress, as reported by Franklin. This explanation, together with the fact that Carr’s account of what she said to have overheard corroborated Franklin's version of events, was enough to convince the coroner's jury to accept Franklin's explanation that it was a case of justifiable homicide. And with that verdict, authorities officially closed the case on Cooke's death.[8]
However, some of Cooke's family and supporters have rejected not only Boyer's version of events, but also Franklin's and Carr's. They believe that there was a conspiracy from the start to murder Cooke, that this murder did in fact take place in some manner entirely different from the official account of Cooke's intrusion into Franklin's office/apartment, and that Franklin, Boyer and Carr were all lying to provide a cover story for this murder.[9]
My brother was first class all the way. He would not check into a $3 a night motel; that wasn't his style (Agnes Cooke-Hoskins, sister of Sam Cooke, attending the Rock and Roll Hall of Fame's 2005 tribute to Cooke).
In her autobiography, Rage To Survive, singer Etta James claimed that she viewed Cooke's body in the funeral home and that the injuries she observed were well beyond what could be explained by the official account of Franklin alone having fought with Cooke. James described Cooke as having been so badly beaten that his head was nearly decapitated from his shoulders, his hands were broken and crushed and his nose was mangled.
Nevertheless, no solid, reviewable evidence supporting a conspiracy theory has been presented to date. Cooke was interred in the Forest Lawn Memorial Park Cemetery, Glendale, California.
Cooke's influence has been immense: Even people who have never heard one of his records have still heard his voice and phrasing if they have listened to any Rod Stewart or Southside Johnny. Other rock artists with a notable Cooke heritage include The Animals, Paul Simon and Art Garfunkel, Van Morrison, James Taylor, the Beatles (particularly John Lennon), John Mayer, Bruce Springsteen, Steve Marriot, Terry Reid, Steve Perry, and numerous others, while R&B and soul artists indebted to Cooke include Smokey Robinson, Marvin Gaye, Otis Redding, Lou Rawls, Al Green, and many more. Shortly following his passing, Motown Records released We Remember Sam Cooke, a collection of Cooke covers recorded by The Supremes.
In 2004, Rolling Stone Magazine ranked him #16 on their list of the 100 Greatest Artists of All Time.[10]
"Wonderful World"
"Wonderful World" was a featured song in the film National Lampoon's Animal House, the one song in that film that was not a "party" song. The song was also featured in the film Hitch starring Will Smith, Eva Mendes, and Kevin James. [11] After being featured prominently in the 1985 film Witness (starring Kelly McGillis and Harrison Ford), the song gained further exposure and became a hit in the United Kingdom, reaching Number 2 in re-release.
"Wonderful World" was also covered for many years by the Jerry Garcia Band.
The well-known verse of "Wonderful World"—"Don't know much about [history, geography, and so on]"—provided the inspiration for titles of several books authored by writer Kenneth C. Davis. Davis' books explored both basic and lesser-known facts about those subjects.
Cultural reference
Tupac Shakur mentions Cooke in his song "Thugz Mansion" "Drinkin' peppermint schnapps with Jackie Wilson and Sam Cooke, then a girl named Billie Holliday sang, sitting there kickin' it with Malcom [X.], 'til the day came."
For a detailed listing of albums and singles, see: Sam Cooke discography.
Hit US and UK singles
Year Title Chart positions
US Top Tens R&B Number Ones UK Top Tens
1957 "You Send Me" #1 #1 #29
1957 "I'll Come Running Back to You" #18 #1
1960 "Wonderful World" #12 #2 #2
1960 "Chain Gang" #2 #2 #9
1962 "Twistin' the Night Away" #9 #1 #6
1963 "Another Saturday Night" #10 #1 #23
1964 "A Change is Gonna Come" #31
1965 "Shake" #7 #4
Hit U.S. and UK albums
US Top Thirty UK Top Thirty
1957 Sam Cooke #16
1962 The Best of Sam Cooke #22
1964 Sam Cooke at the Copa #29
1986 The Man and His Music #8
2003 The Portrait of a Legend: 1951-1964 #19
↑ Bruce Eder, Biography of Sam Cooke, Allmusic. March 24, 2007.
↑ Our Uncle Sam, The Sam Cooke story from his family's perspective. Retrieved August 24, 2007.
↑ Songs of Sam Cooke, SAR Records—Sam Cooke's Soul Label. Retrieved August 24, 2007.
↑ 6.0 6.1 Songs of Sam Cooke, SAR Records—Sam Cooke's Soul Label. Retrieved August 24, 2007.
↑ Daniel Wolff, You Send Me: The Life and Times of Sam Cooke (New York: William Morrow, 1995, ISBN 0688124038).
↑ Louie Robinson, "The Tragic Death of Sam Cooke," Ebony (February 1965).
↑ Lee Hildebrand, Elvis biographer Peter Guralnick tackles another music legend: Sam Cooke, San Francisco Bay Guardian. Retrieved March 27, 2008.
↑ Rolling Stone, The Immortals: The First Fifty. Retrieved September 12, 2008.
↑ Internet Movie Database, Hitch. Retrieved August 24, 2007.
Cooke, Sam. The Man who Invented Soul. New York: RCA 2000. OCLC 45301134.
Guralnick, Peter, Dream Boogie: The Triumph of Sam Cooke. New York: Little, Brown, 2005. ISBN 0316377945.
Robinson, Louis. "The Tragic Death of Sam Cooke," Ebony (February 1965).
Wolff, Daniel J. You Send Me: The Life and Times of Sam Cooke. New York: W. Morrow, 1995. ISBN 0688124038.
All links retrieved August 31, 2019.
Sam Cooke at the Internet Movie Database
Sam Cooke (ABKCO Homepage)
Sam Cooke's Gravesite
Sam Cooke history
History of "Sam Cooke"
Retrieved from https://www.newworldencyclopedia.org/p/index.php?title=Sam_Cooke&oldid=1023945
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Home » Collection » Maine Woods
NGA Online Editions :: American Paintings, 1900–1945
Maine Woods, 1908
overall: 74.9 x 74.9 cm (29 1/2 x 29 1/2 in.)
framed: 82.5 x 82.5 x 5.3 cm (32 1/2 x 32 1/2 x 2 1/16 in.)
Gift of Bernard Brookman
Marsden Hartley (painter) American, 1877 - 1943
Archived Version(s)
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Copy-and-paste citation text:
Robert Torchia, “Marsden Hartley/Maine Woods/1908,” American Paintings, 1900–1945, NGA Online Editions, https://purl.org/nga/collection/artobject/72332 (accessed January 17, 2021).
Export from an object page includes entry, notes, images, and all menu items except overview and related contents.
Export from an artist page includes image if available, biography, notes, and bibliography.
Note: Exhibition history, provenance, and bibliography are subject to change as new information becomes available.
Sep 29, 2016 Version
You may download complete editions of this catalog from the catalog’s home page.
Maine Woods represents a dense forest interior that emphasizes the verticality of the white birch trees pressed up against the picture plane. A snow-covered mountain is barely distinguishable at the upper right. Marsden Hartley adopted the Italian divisionist artist Giovanni Segantini’s “stitch” brushstroke, which he used to build up an image out of short, interlocking lines of pure color. He applied the pigment thickly and spontaneously, giving the painting a highly expressive character.
In the fall of 1908, Hartley moved to Maine and settled on a farm in Stoneham Valley near North Lovell, where he remained until March 1909. Working in isolation and enduring the severe winter conditions, he produced a large number of paintings, including Maine Woods, in his fully developed neo-impressionist style. The innovative, expressive, and spiritual quality of such works impressed Alfred Stieglitz—photographer and avant-garde art impresario—who arranged a solo exhibition for Hartley at his 291 gallery in New York in 1909. Although the show received mixed reviews and was a financial failure, it helped establish Hartley as a leading member of the American avant-garde.
During the autumn of 1906, Marsden Hartley began to abandon impressionism and paint in a more expressive neo-impressionist style. The catalyst for this change in technique was his introduction to the work of the little-known Italian divisionist artist Giovanni Segantini, whose paintings were featured in the January 1903 issue of the German magazine Jugend. The most notable characteristic of Segantini’s alpine landscapes is his use of the “stitch” brushstroke, by which he built up an image out of short, interlocking lines of pure color. Hartley adapted this technique for his Maine mountain scenes, and by 1907 it had become the dominant feature of his work.[1] [1]
See Hartley’s 1932 essay “On the Subject of the Mountain: Letter to Messieurs Segantini and Hodler,” reprinted in Jeanne Hokin, Pinnacles and Pyramids: The Art of Marsden Hartley (Albuquerque, NM, 1993), 136.
On the recommendation of his friend, the Portland publisher Thomas Bird Mosher, Hartley obtained a job for the summer of 1907 at Green Acre, a retreat in Eliot, Maine. Founded by transcendentalist Sarah J. Farmer and named by the poet John Greenleaf Whittier, Green Acre was a utopian community where progressive intellectuals discussed Eastern religions, theosophy, the arts, science, and philosophy. In Eliot that August, the young Hartley had his first solo exhibition at the home of Sara Chapman Thorp, a prominent supporter of Green Acre and widow of the famous Norwegian violinist Ole Bull.
After spending the winter of 1907 to 1908 in Boston, Hartley sought to brighten his palette, probably in response to encountering the work of Maurice Prendergast, an artist who would exert a significant influence on Hartley’s emerging style and whose own style drew upon the postimpressionism of Paul Cézanne, Georges Seurat, and Paul Signac.[2] [2]
For Prendergast’s influence on Hartley, see Jeanne Hokin, Pinnacles and Pyramids: The Art of Marsden Hartley (Albuquerque, NM, 1993), 16. Barbara Haskell, Marsden Hartley (New York, 1980), 14–15, has suggested that Hartley was also influenced by the German neo-impressionist Richard Pietzsch, whose work had been discussed in a 1906 issue of Jugend. Hartley also sold a painting to a prominent local collector of French impressionist art, Desmond Fitzgerald, who encouraged him to return to Maine and paint. Buoyed by Fitzgerald’s financial support, Hartley went to Maine in the fall of 1908 and settled on a farm in Stoneham Valley near North Lovell, where he remained until March 1909. Working at a feverish pace in isolation and enduring the severe winter conditions, he produced his first mature, neo-impressionist works, including Maine Woods. The majority of Hartley’s paintings from this period are expressionist mountain landscapes with two-dimensional forms and high horizon lines. The earliest examples are brilliantly colored autumn scenes, such as Carnival of Autumn [fig. 1] [fig. 1] Marsden Hartley, Carnival of Autumn, 1908, oil on canvas, Museum of Fine Arts, Boston, The Hayden Collection–Charles Henry Hayden Fund. © 2016 Museum of Fine Arts, Boston, but as winter progressed his palette darkened, as seen, for example, in The Ice Hole [fig. 2] [fig. 2] Marsden Hartley, The Ice Hole, 1908, oil on canvas, The New Orleans Museum of Art, Museum Purchase through the Ella West Freeman Foundation Matching Fund 73.2. Jeanne Hokin has noted that, “although limned from his immediate experience in the untamed Maine woods, these paintings offer visual testimony to Hartley’s mystical and spiritual intensity. Rendered in heavy impasto—at times almost a quarter of an inch thick—and stitches like heavy embroidery with elongated flecks of vibrant color, these works engender in the viewer a distinctly physical sensation.”[3] [3]
Jeanne Hokin, Pinnacles and Pyramids: The Art of Marsden Hartley (Albuquerque, NM, 1993), 18.
Maine Woods differs from the majority of Hartley’s Stoneham Valley oils because it represents a dense forest interior that emphasizes the verticality of the white birch trees pressed up against the picture plane. A snow-covered mountain is barely distinguishable at the upper right. Hartley applied the pigment thickly and spontaneously, giving the painting a highly expressive character. It is very similar to the much smaller but more animated Landscape No. 16 [fig. 3] [fig. 3] Marsden Hartley, Landscape No. 16, 1908, oil on canvas, private collection. Image courtesy Gerald Peters Gallery, the reverse of which is inscribed with a poem by the artist that begins: “October Lies—Dying / The dead dance frantically!”—a fitting allusion to the end of autumn and the coming of winter depicted in Maine Woods as well.[4] [4]
Gail R. Scott, Marsden Hartley (New York, 1988), 18. A partial transcription of the poem is in Elizabeth McCausland, Marsden Hartley (Minneapolis, MN, 1952), 14.
The Maine landscapes that Hartley executed in North Lovell proved critical to his career. In the spring of 1909 he showed them to Maurice and Charles Prendergast in Boston, and they were sufficiently taken with them to write him letters of introduction to influential New York painters Robert Henri and William Glackens, both founders of the Ashcan school. Glackens arranged for the young artist to have a modest exhibition of the Maine views in his Washington Square studio. Arthur B. Davies (American, 1862 - 1928) became a strong early supporter of Hartley, but Everett Shinn (American, 1873 - 1953) and John Sloan (American, 1871 - 1951) were not impressed, the latter commenting that they were “a little too much for me.”[5] [5]
Bruce St. John, ed., John Sloan’s New York Scene: From the Diaries, Notes, and Correspondence, 1906–1913 (New York, 1965), 303. In April 1909, Hartley’s friend, the poet Shaemas O’Sheel, introduced him to the photographer and avant-garde art impresario Alfred Stieglitz (American, 1864 - 1946), owner of the Little Galleries of the Photo-Secession located at 291 Fifth Avenue, known familiarly as just “291.” Stieglitz felt an immediate affinity for Hartley and offered him a solo exhibition at 291 of 33 Maine landscapes (15 of them from a series titled Songs of Autumn) that opened on May 8, 1909, and that very likely included Maine Woods. Esteemed critic Sadakichi Hartmann, in his review of the event in Stieglitz’s journal Camera Work, described them as “examples of an extreme and up-to-date impressionism” that represent “winter scenes agitated by snow and wind, ‘proud music of the storm’; wood interiors, strange entanglements of tree-trunks; and mountain slopes covered with autumn woods with some island-dotted river winding along their base.” Noting the presence of the "Segantini stitch," Hartmann opined that as long as Hartley applied “his colors in a temperamental, self-taught manner, he is above the approach of imitation. I for my part believe that he has invented his method for himself, up there in Maine amidst the scenery of his fancy, and that only gradually he has learnt to reproduce nature in her most intense and luminous coloring.”[6] [6]
Sadakichi Hartmann, “Unphotographic Paint: The Texture of Impressionism,” Camera Work 28 (October 1909): 20.
Other critics were not as generous. One commented that “of all the dreary fads we have been called upon to look over this season . . . this is the most dispiriting and sorrowful. And it is genuinely regretted that the little galleries of the Secession should be given over to this sort of foolishness. . . . Mr. Hartley about tries one’s patience to the limit.” This writer was also dismissive of Hartley’s technique: “Putting the color on with a trowel to the thickness of half an inch or more, placing pure pigments side by side, serving himself bountifully of blues and reds, he obtains finally a result suggestive of a rug with all the charm of design left out.”[7] [7]
New York Globe and Commercial Advertiser, May 14, 1909. The show was a financial failure.
By 1909 the difficult, complex pattern of Hartley’s career had been largely established. Always a modernist outsider, Hartley would continually struggle to achieve critical acceptance and a modicum of economic stability in the midst of a peripatetic creative existence driven by restless experimentation and constant reinvention. Shortly before his death, Hartley’s peregrinations seemed to come full circle when, once more in desperate financial straits, he returned to his home state and, in a last bid to create a more sustainable, commercially viable persona, declared himself the “painter of Maine.” As he had done since his youth, Hartley, forever searching for answers, again turned to the mountain landscape for solace and enlightenment in a final series of paintings devoted to Mount Katahdin, Maine.
Robert Torchia
top center reverse: Marsden / Hartley
Purchased c. 1912/1914 by Harrie T. Lindeberg [1879-1959] for Herman S. Brookman [1891-1973], New York, and Portland, Oregon;[1] by inheritance to his son, Bernard Brookman [1912-2001], Watsonville, California; gift 1991 to NGA.
[1] Herman Brookman was a New York City architect who worked as a draftsman and designer for Harrie T. Lindeberg from 1909 until 1923, when he moved to Portland, Oregon, to start his own firm. One day, Lindeberg took Brookman to lunch and then to an exhibition of Hartley's work, where he offered to buy his employee any painting in the gallery. Brookman chose Maine Woods, and it remained in his family until 1991. The date of the purchase is unknown; Bernard Brookman suggested it might have occurred in 1920, when his father temporarily left Lindeberg's employ to study in Europe, while Philip Brookman, Bernard's son, suggested it was around 1912/1914. Herman Brookman specialized in residential architecture and designed the M. Lloyd Frank estate, now Lewis and Clark College, as well as the Temple Beth Israel and the Memorial Temple House in the Portland area. The provenance has been reconstructed through letters from Bernard Brookman, 2 February 1990, and his son Philip Brookman, 28 September 1989, both to NGA curator Nan Rosenthal, in NGA curatorial files. See also https://digital.lib.washington.edu/architect/architects/2221/.
Brookman, Bernard
Brookman, Herman
Probably Exhibition of Paintings in Oil by Mr. Marsden Hartley, of Maine, 291 Gallery, New York, 1909, probably one of the Songs of Autumn.
Loan to display with permanent collection, San Francisco Museum of Modern Art, 1974-before 1989.
Marsden Hartley's Maine, The Met Breuer, New York; Colby College Museum of Art, Waterville, 2017, no. 40, repro.
The painting is executed on a medium-weight, plain-weave, cotton fabric that has been lined to heavy-weight linen using a wax/resin adhesive and stretched onto a five-member expansion bolt stretcher that is not original. All four tacking margins remain intact, although the corner folds have been removed. Although the painting is lined, the artist’s signature is clearly visible on the reverse along the upper edge. A continuous layer of off-white priming coats the canvas and extends to the cut edges of the fabric.[1] [1]
The priming covers all of the tacking margins, indicating that the canvas was primed before painting. This usually indicates that the priming was commercially prepared rather than applied by the artist. The design layers are the result of direct applications of relatively pure colors worked wet into wet over this ground. The oil-like paint varies from low to moderately high impasto; the texture of the canvas remains visible in many areas. A fairly stiff, paste-like appearance characterizes the surface quality of the paint film. The painting is in excellent condition with only a few tiny, inpainted losses along the bottom edge. An inappropriately glossy varnish and a good deal of wax/resin stuck in the interstices of the canvas were removed in a 1993 treatment. The painting was left unvarnished after this treatment.
Object Image
[fig. 1] Marsden Hartley, Carnival of Autumn, 1908, oil on canvas, Museum of Fine Arts, Boston, The Hayden Collection–Charles Henry Hayden Fund. © 2016 Museum of Fine Arts, Boston
[fig. 2] Marsden Hartley, The Ice Hole, 1908, oil on canvas, The New Orleans Museum of Art, Museum Purchase through the Ella West Freeman Foundation Matching Fund 73.2
[fig. 3] Marsden Hartley, Landscape No. 16, 1908, oil on canvas, private collection. Image courtesy Gerald Peters Gallery
For Prendergast’s influence on Hartley, see Jeanne Hokin, Pinnacles and Pyramids: The Art of Marsden Hartley (Albuquerque, NM, 1993), 16. Barbara Haskell, Marsden Hartley (New York, 1980), 14–15, has suggested that Hartley was also influenced by the German neo-impressionist Richard Pietzsch, whose work had been discussed in a 1906 issue of Jugend.
Bruce St. John, ed., John Sloan’s New York Scene: From the Diaries, Notes, and Correspondence, 1906–1913 (New York, 1965), 303.
New York Globe and Commercial Advertiser, May 14, 1909.
The priming covers all of the tacking margins, indicating that the canvas was primed before painting. This usually indicates that the priming was commercially prepared rather than applied by the artist.
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Christie is the first internationally certified Nature and Forest Therapy Guide in New South Wales, Australia. She offers nature connection wellbeing walks and retreats in both Australia and Europe.
She has qualifications and over 10 years of experience in biofeedback for stress and energy management, nutrition and wellness coaching, positive neuroplasticity mindfulness training. In addition she holds a First Class Honours degree in Economics and a Graduate Certificate in Change Management.
As the co-founder of the international wellness consultancy, Frontier Wellbeing, and former owner and managing director of The Performance Clinic, now owned by KPMG, she is passionate about creating and delivering integrative and holistic wellbeing offerings that have the power to positively transform individuals and communities.
Christie in the media
Christie Little
Martin is the author of the forest bathing and nature connection publication, The Forest is Good for You. Reducing stress, strengthening wellbeing and health (2019).
Together with Karin Greiner (Apline Herbalist Expert) he has developed the leading professional accreditation in Alpine Forest Bathing. He also works with the Ludwig-Maximlian University in Munich for their Forests for Health Trainer program.
Martin and his wife Sarah are based in South Tyrol, the official Forest Therapy destination of Europe. He partners with the leading hotels in the South Tyrol region to offer a range of Nature Connection experiences to both local and international guests.
Martin uses his qualifications in Psychology (Leopold-Franzens-University in Innsbruck), biofeedback, nutrition coaching, positive neuroplasticity training and permaculture design to coach individuals and teams in order to and bring about positive and sustainable behaviour change.
Martin in the Media and his book
Martin Kiem
Sarah is a multidisciplinary artist, art teacher and permaculture designer. Growing up in South Africa and having lived in both the UK and Australia, she works with a variety of media to create artworks that are inspired primarily by the beauty of the natural environment.
She combines her qualifications in teaching (Bachelor of Art Education, UNSW) and Advanced Certificate in Permaculture Design with her love of beauty, her knowledge of biophilia and her passion for mentoring to bring about improvements in people’s mental and emotional well-being
Together with Martin, and their son Laurin, she now lives in South Tyrol and enjoys having a more nature connected life in the beautiful Alps.
Sarah Gray
© 2019 by sarahdesigns
The Guides
Nature Connection Tours
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Papaya nutrition table
Properties and Benefits of Papaya
October 9, 2020 by Marius Lixandru
Today I am excited to talk to you about papaya, or the fruit of the angels, as Christopher Columbus himself is said to have named it. Papaya, papaw or pawpaw is an extremely rich source of nutrients such as carotene, vitamin C, flavonoids, B vitamins and minerals. Due to its high antioxidant content, papaya is said to increase life expectancy, if consumed regularly. In addition to this, it can significantly reduce the health risks of cigarette smoking and reduce the risk smoking related diseases such as emphysema and lung cancer. Papaya extracts are also used in the cosmetic industry and marketed in anti-aging products as a result of its antioxidant properties.
The fruit stands out thanks to its generous content of vitamins A and C, both of which are important for a strong immune system, skin health and good eyesight. It also contains small amounts of potassium, a nutrient of crucial importance for cardiovascular health. Papaya is a good source of folic acid, providing 38 mcg of the vitamin and benefits for pregnant women. With 1.7 g of dietary fiber for every 100 g of fruit, it helps improve transit time and relieve constipation, with benefits for colon health and hemorrhoids.
What does papaya look and taste like?
Papaya is the fruit of the papaya tree (Carica papaya). Papayas have a slightly elongated shape and bright-yellow or orange flesh, depending on the variety. They look a lot like pear-shaped melons. As it ripens, the fruit changes its skin color from deep green to bright yellow. The seeds are enclosed in a jelly-like substance in the hollow middle of the papaya fruit. Both the flesh of the fruit and its seeds are edible. While the seeds of the fruit are bitter and strong-flavored, the beautiful, brightly colored skin is soft and sweet, with a tropical aroma.
How to eat papaya
Ripe papayas are best eaten raw, in a delicious, fragrant fruit salad or paired with gold onions and grilled chicken in an unexpected twist of flavors. For extra flavor, you can add some hazelnuts, walnuts or even sesame seeds, poppy seeds or sunflower seeds. Unripe papaya contains papain, a special enzyme which breaks down proteins. Similarly, pineapple contains bromelain, an enzyme with a similar function.
Papaya side effects and contraindications
While the enzymatic compound in papaya, papain, is not dangerous for health, it may cause some degree of digestive upset for people with various gastrointestinal conditions, notably gastritis and acid reflux disease (GERD). Side effects of eating papaya may include stomach upset, excessive burping and bloating, stomach pain, abdominal cramps, nausea, heartburn, a bad taste in the mouth and even looses stools and diarrhea. As such, anyone with digestive conditions of the sort might want to avoid papaya, as well as pineapple for its content of bromelain and citrus fruits and juice for their content of citric and other organic acids. See what other foods to avoid for gastritis.
What is papaya good for?
It has been reported that eating small quantities of green papaya after a heavy meal can help the stomach digest proteins more easily. Due to its papain content, the fruit can be used as a natural remedy for slow digestion, although it has the potential to cause digestive upset as well. The unripe fruit further makes an excellent tenderizer for use in marinades for example. And remember: papain is found in the neck of the fruit for the most part, as well as in the latex obtained from the papaya tree, while the fruit pulp only contains small amounts.
Papaya and pregnancy
In pregnancy, papaya comes with restrictions. Pregnant women should avoid eating papaya in large quantities and avoid the unripe fruit altogether. Green papaya can cause uterine contractions that may lead to a miscarriage. Actually, the unripe fruit was traditionally used as a method of inducing abortion and even as a natural contraceptive. Special compounds found in green papaya and papaya seeds are believed to have potent contraceptive effects and may act similar to modern contraceptive pills, suppressing the action of certain hormones. Pregnant women should also avoid eating any unripe fruit for the same reasons. Also read about turmeric and pregnancy.
Papaya nutrition facts and benefits
Ripe papayas are a great source of carotenoids. Both the bright yellow and orange flesh of the fruit provide important amounts of lutein and zeaxanthin, vitamin A precursors with potent antioxidant effects. Both lutein and zeaxanthin protect the human retina from free radicals found in light waves and promote visual acuity. The fruit is also a source of beta-carotene which is further converted into vitamin A. All three vitamin A precursors found in ripe papaya help prevent macular degeneration associated with old age. Macular degeneration is the partial of total loss of central vision caused by retina damage.
As vitamin A precursors, the carotenoids promote skin health and have immune-boosting properties. Because of their antioxidant action, the pro-vitamin A carotenoids are believed to play an important part in the prevention of cancer. According to a study conducted at Kansas State University, papaya can increase the life expectancy of smokers as well as passive smokers. Professor Richard Baybutt studied the relationship between vitamin A, lung inflammation and emphysema and made a surprising discovery: benzo(a)pyrene, a common carcinogen found in cigarette smoke, causes vitamin A deficiency in both first-hand smokers and in second-hand smokers.
Vitamin A appears to have a powerful protective effect on the lungs and this may help explain why some smokers never develop emphysema, a progressive lung diseases that causes difficult breathing. There are people who take up smoking from a very early age and live to be 90 years old. Why? The answer might be that, for some people, a diet rich in vitamin A can prevent smoking-related diseases. If you smoke or are exposed to cigarette smoke, make sure your diet supplies you with sufficient vitamin A, which will lower the risk of developing dangerous smoking-related diseases such as emphysema and lung cancer. This applies if you work with coal tar as well because benzo(a)pyrene can be found in coal tar as well.
At the same time, experts recommend smokers avoid taking vitamin A supplements. Some studies suggest supplementation with the nutrient can actually increase the risk of lung cancer. Currently, there is no method of determining the effect of vitamin A supplementation on lung cancer risks in smokers.
Aside from this, a healthy and balanced diet should include plenty of vitamin A-rich foods such as red chili peppers, spinach, cabbage, carrots, sweet potatoes, cantaloupe, mango, papaya and red bell peppers. Most of these fruit and vegetables, papaya included, are available all year round in most countries all over the world.
Papayas boast even more health benefits: for instance,100 g of fresh fruit provides 61.8 mg of vitamin C out of the 90 mg current recommended daily intake. Among other things, vitamin C promotes the production of collagen, a structural protein which combats wrinkles and keeps us looking young and beautiful. In addition to this, a regular consumption of vitamin C-rich papaya can strengthen our immune system naturally and ensure it responds better and quicker to infection and disease.
The fruit is believed to have antimicrobial properties from a naturally-occurring compound it synthesizes itself. What is interesting is that both the papaya fruit and its leaves are used as a traditional treatment against malaria (and other fever-causing infections). Though the mechanism is not very clear yet, papaya is believed to stimulate the immune system by raising thrombocyte levels in the blood.
Lastly, the fiber and especially pectin content of the fruit contributes to its digestive benefits, helping relieve constipation and manage hemorrhoids symptoms.
What parts of papaya can you eat?
You can eat ripe and unripe papaya, including the fruit pulp, seeds, leaves and flowers. Papaya pulp can be eaten fresh, added to fruit salads or warm salads, stewed or made into jams or jellies. In traditional Asian cuisine, the leaves and the flowers are also used for cooking and make savory dishes such as steamed papaya leaves or deep fried papaya flowers. The seeds of the fruit are also edible and boast great health benefits themselves. Because they have a strong, spicy flavor, you can grind papaya seeds and use them as a replacement for pepper.
Overall, the fruit appears to have many positive effects on human health and consumption is encouraged. If you feel eating the fruit alone may be a bit dull, you can always mix it with other fruits of your liking and add some cashews or hazelnuts for a crunchier texture. Additionally, you can make a delicious papaya and carrot juice which is sure to be a hit. Just remember that pregnant women should avoid the unripe fruit as well as eat papaya in small amounts and so should anyone with gastritis or acid reflux disease.
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20-Count Indictment Returned in Brutal DC Mansion Slayings
Indictment charges Darron Wint with 12 counts of first-degree murder
Published February 17, 2016 • Updated on April 29, 2016 at 1:54 pm
A grand jury returned a 20-count indictment Wednesday against the suspect in the gruesome deaths of a couple, their young son and their housekeeper inside their multi-million-dollar Washington, D.C., mansion last May.
Darron Dellon Dennis Wint is charged with 20 felonies, including 12 counts of first-degree murder while armed, in the deaths of 46-year-old Savvas Savopoulos; his wife, Amy, 47; their 10-year-old son, Philip, and housekeeper Veralicia Figueroa, 57.
The murder charges include four counts each of felony murder in the course of a kidnapping, felony murder in the course of a burglary and felony premeditated murder.
The indictment describes the slayings as "especially heinous, atrocious and cruel," and if a jury agrees, Wint faces life in prison without possibility for release on each murder charge. The minimum sentence is 30 years on each murder charge.
Telephone messages seeking comment left Wednesday evening with Wint's lawyers were not immediately returned, the Associated Press said.
Wint, 35, of Lanham, Maryland, kidnapped the victims inside the Savopoulos home, extorted $40,000 from them, killed them and set fire to the $3 million house, the indictment says. He held the victims captive for roughly 18 hours May 13 and 14, police said.
Police previously said they believed Wint had help from others holding the Savopouloses captive, according to charging documents, but no other suspects have been identified. In a statement Wednesday, prosecutors said the investigation continues.
There is evidence that the victims were tied up and possibly tortured, and the weapons included a baseball bat, Samurai swords and an unknown sharp object, police said.
Savvas Savopoulos, Amy Savopoulos and Figueroa were beaten with a bat and stabbed with a sharp object, according to the indictment. Philip was stabbed and burned.
Police who investigated the scene said in court filings that Philip was found inside a bedroom, which was burned so badly, it was impossible to identify the boy.
Police also found a bloody baseball bat at the scene.
The amount of time the family may have been held can be traced through phone calls and texts from the Savopoulouses and their housekeepers.
A source close to the family detailed a call from Amy to Savvas on May 13, asking Savvas to come home. Police believe Amy, Philip and Figueroa were already being held at that time.
Hours later investigators believe Wint forced Savvas to make a call to another housekeeper, known as Nelly, to make sure she would not come to the house that day.
On a voicemail, Savvas is heard telling Nelly to stay home because Amy is home sick, Vera is staying with her and the couple is "going through some stuff with Philip." He asks that Nelly send a text message to confirm the voicemail was received.
On the morning of May 14, a final text message was sent to Nelly from Amy's phone. "I am making sure you do not come today," the message said.
The family's 2008 blue Porsche was later found torched in the parking lot of a church in New Carrollton, Maryland, about 13 miles from the Savopoulos home. A detective said Wint's DNA was found on a construction vest inside the car.
The detective also revealed that $30,000 of the $40,000 ransom has been accounted for. Police found $10,000 in money orders inside the vehicle Wint was in prior to his arrest. Cash and money orders worth $20,000 were also found inside a panel truck that was accompanying Wint.
Wint, who also goes by Daron Dylon Wint, was identified as a suspect through DNA found on a Domino's pizza crust found at the crime scene. But he had already fled the D.C. area, authorities say. Investigators tracked him to Brooklyn, New York, where they barely missed him. Wint paid someone in cash to drive him from Brooklyn back to Maryland, sources say.
He was arrested May 21 after police found him riding in a two-vehicle caravan in northeast D.C. Authorities say they found cash, cellphones and knives in the vehicles.
Initially, he was charged with one count of murder for Savvas Savopoulos' death.
Wednesday's indictment includes 11 additional counts of murder; four counts of kidnapping; and one count each of first-degree burglary, extortion, arson and first-degree theft.
Savvas Savopoulos was the CEO of American Iron Works, a construction-materials supplier that played a role in rebuilding the Pentagon after the Sept. 11, 2001, terrorist attacks. Wint once worked for the company as a welder.
The murders, just blocks from the National Cathedral on a street lined with privacy fences and hidden cameras in one of D.C.'s wealthiest neighborhoods, stunned the city. The Savopoulos family was well-known there and in the community of their church, Saint Sophia Greek Orthodox Cathedral.
Savvas gave to charities for children's health; Amy was known as a go-to volunteer and for get-togethers she hosted for the neighborhood.
The couple also had two daughters, who were away at boarding school at the time of the murders.
Wint is scheduled for arraignment Friday.
USDhousekeeperPhilipAmySavvas Savopoulos
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Watsontown PA
Watsontown, PA – A Website about Watsontown History
About Watsontown
The Record and Star
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Williams Directory
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Bachman, C.O.
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Cooner, J.R.
Everitt, L.
Follmer, E.S.
Gauger, N.
Hockley, A.H.
Hogue, D.C.
Hollopeter, J.
Housel, Dr. E.L.
Knight, F.H.
Leiser, P.
Lewis, L.D.
Martin, J.I.
McClure, Dr. J.F.
McFarland, Wm. D.
Miller, S.M.
Moser, S.M.
Myers, C.O.
Nicely, W.A.
Piatt, Wm. B.
Seiler, A.B.
Shannon, G.H.
Shay, P.
Shay, Wm. F.
Smith, R.L.
Starr, J.P.
Wagner, D.F.
Wagner, J.H.
Wagner, N.F.
Wagner, Wm. C.
Wagner, Wm. M.
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Watsontown in Wikipedia
Watsontown�s first religious organization was a prelude to the ecumenical movement that was to occur on a much larger scale over a century later. Watsontown�s faith communities, for the most part, have their beginnings in the Watsontown Union Sunday School. This school was union in character representing all the religions of the people who lived in Watsontown at that time. The Sunday school dates back to December 24, 1860 when Joseph Hollopeter, Abram T. Goodman, Joseph Everitt, William H. Follmer, and John L. Watson met to formulate the Constitution and By-laws of the Sunday school. Officers were elected with the following results: Joseph Hollopeter, superintendent; Joseph Everitt, assistant superintendent; William H. Follmer, secretary; Jacob P. Starr, treasurer; and Ambrose Lamm, librarian.
The Sunday school met at the Academy Building on First Street and attendance on the first day, January 13, 1861, was sixty-four scholars and ten teachers. A few months after the Sunday school was established the country was plunged into a great Civil War. Under remarks in the secretary�s book it was noted that the Reverend Curtis, on behalf of the Sunday school, presented a Bible to David Bly, one of the teachers who had volunteered his services in the defense of his country. The presentation was a very solemn and serious one and many tears were shed.
As the Sunday school continued to meet regularly, arrangements were made in 1864 for the conducting of services in the Academy Building by the various denominations. These arrangements were approved by the representatives of these denominations as follows: William H. Follmer, German Reformed; David Teas, Reformed Presbyterian; Joseph Everitt, Baptist; Joseph Hollopeter, Presbyterian; and Daniel Kramer, Lutheran. The schedule was as follows: June 19, 1864, Methodist; June 26, 1864, German Reformed and Lutheran; July 3, 1864, Presbyterian; and July 10, 1864, Baptist and Reformed Presbyterian. The various congregations also had a designated night that they could use the Academy Building as follows: Monday nights, Baptists; Tuesday nights, Reformed Presbyterians; Wednesday nights, German Reformed; Thursday nights, Presbyterians; Friday nights, Lutherans; and Saturday nights, Methodist Episcopal.
The Lutheran and Reformed congregations, working in cooperation with each other, built St. Bartholomew�s Evangelical Lutheran and German Reformed Church on the northeast corner of Main and Fourth Streets. The cornerstone was laid on July 15, 1866 and the exercises were held in the old Bill Mill to avoid the heat of the scorching sun. This church was union in nature and welcomed the other denominations to continue to be a part of the Union Sunday School and in the latter part of August 1866, the Union Sunday School was transferred into the new Union Church. This arrangement lasted a number of years until the various denominations built their own buildings and supported their own Sunday schools.
[History of Trinity United Church of Christ, Watsontown, PA, Robison, Jr., James D., and Wright, Dorothy M., 1986, pg. 1; The Milton Evening Standard, Seventieth Anniversary Edition, January 25, 1960, pg 9.]
Last Modified: 11.08.07
Posted by jamesdrobison and filed under Working Documents | No Comments »
© 2007 - 2009 Watsontown PA.
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NBA Board Members
Chairman of the National Beef Association
Andrew Laughton
Andrew Laughton’s family have farmed in the Louth area for more than four generations, He finishes up to 6000 animals outside every year.
One of Andrew’s ‘passions’ is to work closely with the environment, ensuring that soil health is improved for future generations to enjoy.
He is aware that there are challenges ahead within the political arena. He believes that the beef industry, must maintain their points of difference against cheap imports – the hormone issue for example, and push home the fact that UK health and welfare standards are some of the highest in the world.
NBA Treasurer
William, a member of the NBA, is the third generation of the Walton Family to have farmed Penpeugh Farm at Bardon Mill near Hexham in Northumberland. William’s role will be to represent the North East region for the NBA, and as a board member he will be a voice for the industry and contribute to the board and their decision making.
Northern Ireland NBA Board representative
Ernest Ritchie
Ernie is a second generation farmer from County Down. He runs a 150 head commercial suckler herd. He has been a member of the NBA for a number of years and is currently the Northern Ireland Treasurer as well as representing the Northern Ireland region on the Board.
NBA Board Member
Adam Watson
The Watson family moved to Sanders Close, Slaggyford, Brampton in the late 1960s. Sanders Close is a hill farm which is home to the Saunders pedigree Limousin herd and 900 Swaledale ewes.
Mr Watson believes there is solid long-term future for livestock farming in upland areas helped by environmental payments but a key issue is encouraging and keeping young people in these areas.
Jude Capper
Jude L. Capper, PhD ARAgS, an independent Livestock Sustainability Consultant based in Oxfordshire, undertook her BSc (Agriculture with Animal Science) and PhD (Ruminant Nutrition and Behaviour) at Harper Adams University College (UK), followed by post-doctoral research at Cornell University (USA) and a faculty position at Washington State University (USA).
Jude's research focuses on modelling the sustainability of livestock production systems, specifically beef and dairy, including quantifying changes made by improving productivity or adopting differing management practices. She is also currently working on projects relating to the impacts of medicines use on UK beef farms and the national and global impacts of livestock health and welfare on system sustainability.
Gareth Boyes
Gareth Boyes BVMS DBR MRCVS is a partner at Ark Vet Centre in south west Scotland, to the team.
Gareth has over 20 years of experience specialising in farm animal medicine, with a particular interest in cattle reproduction and fertility. He is the official vet for several of the main breed societies, and works closely with them to provide expert and up-to-date advice on all aspects of individual and herd health.
Gareth is also involved with the deer farming industry, both as a veterinary consultant for First Venison, and with the management of his own herd of red deer.
In recent times, Gareth has represented the National Beef Association on the CheCS Board, and will continue to do so as a full member of the NBA Board.
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National Book Foundation > News > 2019 National Book Awards Longlist for Translated Literature
2019 National Book Awards Longlist for Translated Literature
The ten contenders for the National Book Award for Translated Literature
The National Book Foundation announced the Longlist for the 2019 National Book Award for Translated Literature, a fifth Awards category added in 2018. Finalists will be revealed on October 8.
The ten titles on the Translated Literature Longlist were originally written in ten different languages: Arabic, Danish, Finnish, French, Hungarian, Japanese, Norwegian, Polish, Portuguese, and Spanish. The list features seven novels, two memoirs, and a collection of essays, together representing the stories and literary traditions of many nations, including Brazil, Chile, Denmark, Finland, Hungary, Japan, Norway, Poland, Rwanda, and Syria. One of the authors, Olga Tokarczuk, was a Finalist for the National Book Award for Translated Literature last year. The authors and translators on the list have been recognized by numerous international prizes, such as the Akutagawa Prize, the French Voices Award, the Jabuti Prize, the King of Spain Prize, the Man Asian Literary Prize, the Man Booker International Prize, the Prix Renaudot, the Naguib Mahfouz Medal for Literature, the Nordic Council Literature Prize, the Shirley Jackson Award, the Toisinkoinen Literature Prize, the Transatlantyk Prize, and the United Nations Special Press Trophy.
There are three nonfiction titles on the list, including two memoirs, each providing insight into lived experiences on different continents. Naja Marie Aidt’s When Death Takes Something from You Give It Back, translated from the Danish by Denise Newman, chronicles the first years of grief after Aidt’s 25-year-old son dies in a tragic accident. Translated from the French by Jordan Stump, The Barefoot Woman is Scholastique Mukasonga’s second memoir about the Rwandan genocide and focuses on the loss of her mother. The Collector of Leftover Souls by journalist Eliane Brum and translated from the Portuguese by Diane Grosklaus Whitty is a collection of essays profiling the lives and conflicts in a variety of communities, from the favelas of São Paulo to the wilderness of the Amazon.
Three novels force distanced families and old friends to reckon with darker times. In Will and Testament by Vigdis Hjorth and translated from the Norwegian by Charlotte Barslund, an estranged daughter is drawn back to her family after her parents’ will dredges up bitter memories and childhood traumas. Space Invaders by Nona Fernández, and translated from the Spanish by Natasha Wimmer, features four friends who realize their old, missing classmate came from a family connected to the Pinochet regime. And a family is forced to reunite to bury their father amid the wreckage of Syria’s civil war in Khaled Khalifa’s Odyssean black comedy Death Is Hard Work, which was translated from the Arabic by Leri Price.
With a turn toward both the speculative and the political are The Memory Police by Yoko Ogawa and Baron Wenckheim’s Homecoming by László Krasznahorkai. The former, which was translated from the Japanese by Stephen Snyder, is set on a mysterious island where everyday objects suddenly go missing and the memories of them are suppressed by the new eponymous police force. And in Baron Wenckheim’s Homecoming, Ottilie Mulzet translates ambitious sentences from the Hungarian that describe a disgraced baron’s return from exile and a professor’s retreat into the woods to regain control of his thoughts, all set against mounting nationalism and a looming apocalypse.
And the two remaining novels on the list invoke traditions of myths and fairy tales to share their stories. A recluse with artistic passions believes she’s the only one who can reveal the truth behind a spate of murders in a remote village in Drive Your Plow Over the Bones of the Dead by Olga Tokarczuk and translated from the Polish by Antonia Lloyd-Jones. In Pajtim Statovci’s Crossing, which was translated from the Finnish by David Hackston, two friends flee from Albania to Italy hoping to find acceptance and a place that makes them feel whole.
Publishers submitted a total of 145 books for the 2019 National Book Award for Translated Literature. The judging panel in the category’s second year is made up of Keith Gessen, Elisabeth Jaquette, Katie Kitamura, Idra Novey (Chair), and Shuchi Saraswat. These distinguished judges were given the charge of selecting what they deem to be the best books of the year. Their decisions are made independently of the National Book Foundation staff and Board of Directors; deliberations are strictly confidential.
The National Book Award Finalists will be announced on October 8, and the Winners announced at the invitation-only National Book Awards Ceremony and Benefit Dinner on November 20 in New York City.
2019 LONGLIST FOR THE NATIONAL BOOK AWARD FOR TRANSLATED LITERATURE:
Naja Marie Aidt, When Death Takes Something from You Give It Back: Carl’s Book
Translated by Denise Newman
Eliane Brum, The Collector of Leftover Souls: Field Notes on Brazil’s Everyday Insurrections
Translated by Diane Grosklaus Whitty
Nona Fernández, Space Invaders
Translated by Natasha Wimmer
Vigdis Hjorth, Will and Testament
Translated by Charlotte Barslund
Verso Fiction / Verso Books
Khaled Khalifa, Death Is Hard Work
Translated by Leri Price
Farrar, Straus and Giroux / Macmillan Publishers
László Krasznahorkai, Baron Wenckheim’s Homecoming
Translated by Ottilie Mulzet
Scholastique Mukasonga, The Barefoot Woman
Translated by Jordan Stump
Archipelago Books
Yoko Ogawa, The Memory Police
Translated by Stephen Snyder
Pajtim Statovci, Crossing
Translated by David Hackston
Olga Tokarczuk, Drive Your Plow Over the Bones of the Dead
Translated by Antonia Lloyd-Jones
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Sokol Hebrew High School
About SHHS
Register Today for The Jewish Teen Project!
You are here: Home » Learn » Miriam and Bernard H. Sokol Hebrew High School and the Moriah Congregation together again. » Teachers
Chuck Kahalnik
Chuck has a BA in Political Science & Education from Northeastern Illinois University, and a State of Illinois Teacher’s Certificate. He has been serving the Jewish community of Chicago for over 30 years, primarily in formal and informal Jewish education. Chuck has taught at BethEl for the past 12 years, and was the Executive Director of the synagogue from 2007-2016.
Rabbi Michael Schwab
Rabbi Michael Schwab is completing his 15th year at NSS Beth El. He received his BA from Rutgers University, where he majored in History and Jewish Studies, and he received his ordination from the Jewish Theological Seminary of America (JTS) in May, 2004. In addition, Rabbi Schwab received an MA in Jewish Education from the William Davidson Graduate School of Education.
Rabbi Alex Freedman
Rabbi Freedman is a graduate of Washington University in St. Louis, studied at the Conservative Yeshivah in Jerusalem, and served for several summers as a Rosh Eidah (unit head) at Camp Ramah Wisconsin. He is a graduate of the Jewish Theological Seminary where he earned the Kay and Rabbi Moshe Pomerantz Prize in Congregational education, the David Scharps Memorial Prize in Talmud and was awarded the Wexner Fellowship.
Rabbi Ben Kramer (from Moriah Congregation)
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Constantine Maroulis Returning to "Rock of Ages"
By Jennifer R Jones | Posted on August 11, 2014 6:33 PM
Constantine Maroulis has returned to the role he premiered on Broadway, Drew in Rock of Ages, for a 12 week limited engagement. He has also seen success in Jekyll and Hyde.
Returning to His “Rock” Roots
Constantine Maroulis, who originated the role of the protagonist Drew in the Broadway production of Rock of Ages, has returned to the role for a limited 12 week engagement. Maroulis first sang the part onstage in October 2008, when the show had its New York premiere in an Off-Broadway production at New World Stages. When the show transferred to Broadway in March 2009, Maroulis went with it. At the time, he had been on Broadway once before, as a two-month replacement in fall 2006 as Sammy in The Wedding Singer musical. For his role in Rock of Ages, Maroulis was nominated for a Tony Award for Best Performance by a Leading Actor in a Musical. He then set out on the show’s national tour, in September 2010, traveling to sixty venues including Washington D.C. Chicago, Indianapolis, Cincinnati, Orlando, and Fort Lauderdale. On August 4, 2014, Constantine returned to the Helen Hayes Theatre where he will reprise his role for 12 weeks.
From “American Idol” to “Jekyll and Hyde”
Maroulis first entered the national consciousness in 2004, when he made it to the final six contestants on the fourth season of American Idol. As earlier seasons of Idol made an even bigger difference in the careers of contestants than later seasons, Maroulis saw a significant boost from this success. He launched a solo career in 2005, and amongst other performances, he premiered a New York show called “A Night at the Rock Show” in September 2009. Other stage credits include the Off-Broadway shows Jacques Brel is Alive and Well and Living in Paris. He also played the role of Roger in the National Tour of Rent. His third and thus far only other Broadway credit began in April 2013, when he played the lead role of Henry Jekyll and Edward Hyde in Jekyll and Hyde. Prior to this Broadway run, he traveled with the show for a 25 week National Tour.
“Rock of Ages” Continues to Rock
Though Constantine has been pursuing other endeavors since he completed the Rock of Ages national tour in July 2011, the show has been alive and well. With a book by Chris D’Arienzo and featuring a jukebox of classic 1980s rock hits such as “Don’t Stop Believin’,” “Here I Go Again,” “I Wanna Know What Love Is,” and “Every Rose Has Its Thorn,” it has been playing to continuously appreciative houses at the Helen Hayes Theatre ever since. Furthermore, a fairly successful film was released in 2012 starring Russell Brand, Catherine Zeta-Jones, Tom Cruise, Bryan Cranston, Mary J. Blige, Paul Giamatti, Alec Baldwin, Julianne Hough, and Diego Boneta in the role of Drew. The show will surely get a boost from Constantine’s return, but perhaps he is pursuing this opportunity for his own interest as much as because it will benefit the show. After all, he has a long way before his name is box office gold, although he has seen great success in his three Broadway outings. In any case, he is surely a face to watch on Broadway, and his voice will continue to soar to amazing heights.
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Katie Holmes Returns to Broadway in New Play Dead Accounts
By Jennifer R Jones | Posted on July 25, 2012 10:44 PM
Fresh off her high-profile divorce from Tom Cruise and now living in Manhattan with daughter Suri, Katie Holmes is getting right to work, coming back to Broadway in the upcoming new play Dead Accounts. Holmes will be playing a woman who is living with her parents while trying to get her life back on track. Katie Holmes made her Broadway debut back in 2008, when she co-starred in a revival of the Arthur Miller play All My Sons, which also starred John Lithgow, Dianne Wiest, and Patrick Wilson. Though she created more of a sensation at the stage door than onstage,
Holmes did prove she could handle the rigors of performing in a Broadway show. For her return to Broadway, Holmes has taken a different tack, choosing a brand new play by one of modern theater's more prolific playwrights, Theresa Rebeck (Seminar, Mauritius, TV's Smash). Rebeck specializes in intelligent, thoughtful comedies, so the play could provide a good opportunity for Holmes to distinguish herself in an interesting new part. Directed by Jack O'Brien, Dead Accounts will open at the Music Box Theater this fall.
Tina: The Tina Turner Musical
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Roundtable: The importance of the All Blacks' clash against Ireland in Dublin
With only hours to go before the All Blacks face Ireland at Dublin's Lansdowne Road, six leading rugby journalists share their thoughts with Newstalk ZB's Martin Devlin.
How are the All Blacks travelling this year compared to the same time last year. Are we better? Or worse?
Chris Jones (British rugby writer): I think they're worse, only in the fact that what I saw on Saturday was an awful lot of misalignment and generally muddled thinking when under pressure and I was really surprised about that when you're looking for the guys to realign and get into that situation where there's somebody taking control, and that's what an opposing team is going to look at and say 'there is some vulnerability there when you put them under really big pressure and when the weather is not great.'
Patrick McKendry (NZ Herald): I think probably slightly better, I just feel that the rest of the world is catching up and in particular, South Africa, England we saw them catch up a bit too last week, I just think that there have been improvements and maybe the All Blacks aren't making those same improvements.
Gregor Paul (NZ Herald): I think if you look at the key indicators of what they need to be doing, rather than making a hard and fast comparison, they've got a lot of the same qualities that they had in 2014. They've got the resilience and the character to dig out those big dreams that are not easy to dig out – we saw that in Pretoria, and we saw that in London.
Kieran Read during a training session at the Sport Ireland Institute. Photo / Getty
They've got a strong leader, Kieran Read, he's developing, he's building, he's not quite at the same level that (Richie) McCaw was as a captain but that's really important that he's getting close towards it so there's a similarity between the two and I think they have the same triple threat game where they're building that ability to pass, run, kick, (and) the kicking game is coming. It's maybe a wee bit behind where they were in 2014 with (Daniel) Carter, so probably on par but maybe with a few areas around that kicking game to catch up on.
Daniel McHardy (Radio Sport): The All Blacks have been so consistent now for a number of years, so better? I think there's an argument you could say yes. You just look at the results, they've only lost one this year, scored more tries than last year - granted the opposition was far stronger in that middle portion of 2017 with the British and Irish Lions.
What I have enjoyed about the All Blacks is I think they've built depth in that front row especially. Some of the prop stories really have been the story of the year as far as player development. You've seen Lima Sopoaga move on and you've replaced him with Richie Mo'unga, not may sides can mention that they've been able to replace their second choice first five with one that's equally as good, if not potentially better.
Richie Mo'unga kicks a conversion during the test match between Japan and the All Blacks. Photo / Getty
Liam Napier (NZ Herald): I think they are better because you've got a number of players who have got greater experience and you also have vastly more depth, but in saying that they have shown vulnerabilities when we talk about in the wet at Twickenham – I think they've got a lot of work to do on that front – and there's still some issues in regards to countering rush defence but they are finding methods to counter that when you look at Damian McKenzie at fullback. So, better off on the whole but there are still openings there for teams to catch them unaware and exploit the weaknesses which still exist.
Nigel Yalden (Radio Sport): In certain areas, yes, I think the leadership is one that has improved and I think we got a really good example of that last week. I think at the set piece and lineout they're the best in the world, I think they have improved there and the depth in that area has improved both at lock but definitely in the propping side of things.
I guess the main area of concern is they are conceding more tries than they have, I think the offense has regressed slightly, I think overall they are slightly better, the positives slightly outweigh the negatives.
Comment: No bile or bite in weak leadup to ABs v Ireland
True contenders? ABs and Ireland on 'level footing'
All you need to know: Early kick-off for ABs v Ireland
As it happened: ABs v Ireland recap and post-mortem
Ireland line up prior to the Ireland Rugby Captain's Run at the Aviva Stadium in Dublin. Photo / Getty
Is this match-up tomorrow morning, one versus two in the world, for the unofficial test championship, the best team in the world right now?
Jones: Absolutely, the winner of this match will have bragging rights. Fact is, according to the world ranking, you guys are number one by some way. Ireland, half the world they dominate, and do they dominate the rest of the world? Well, we're not going to know for 12 months and by then, you guys will have completely sorted out your backline and you will be even more potent.
McKendry: Yes it is, I believe so, but the Irish are just so hard to beat, I guess that's first and foremost their greatest strength. They don't make many mistakes, they don't necessarily create a heck of a lot but they are just very, very difficult to get past and I think they're pretty good at capitalising on the opportunities in terms of points scoring.
Paul: I think so. Ireland have shown they're consistent since that victory in Chicago over the All Blacks, they've moved on from there, they've not regressed, in fact, they've probably built a lot of depth. The record will tell you that they've won a grand slam in a Six Nations so I think it's a fair reflection that they are number two.
But if there's a hidden meaning to that question it might be is this game going to be harder than it was last week at Twickenham? Arguably not. I actually think playing England at Twickenham in the pouring rain with 80,000 Englishman willing you to fail is probably a harder assignment than coming to Dublin to play what is a good Irish team. I think the All Blacks, through the environment, through the conditions, the way Ireland play, I'm not going to say it's an easy challenge but I think they will find it an easier game to navigate their way through than playing England in Twickenham.
Head coach Joe Schmidt during the Ireland Rugby Captain's Run at the Aviva Stadium in Dublin. Photo / Getty
McHardy: I think it is. Look at the sustained success Joe Schmidt has had over his time looking after this Irish side. Ever since he's taken over, unprecedented success, winning in Australia for the first time since the late 70s in a test series, one in South Africa, they've beaten the All Blacks, they've won grand slams, multiple Six Nations championships - so they've done everything they possibly can for me to believe they're the second best side in the world.
Napier: 100 per cent, Ireland are the Six Nations champions, they have consistently been right up there, knocked over the All Blacks a couple of years ago.
I do think that this does decide the mantle of the worlds best team, certainly in 2018 at least, that's the theme that the All Blacks have set themselves this week so I expect them to come out and maintain that mantle regardless of the fact that they've been the number one team for nine straight years.
Yalden: Yes, absolutely. I think New Zealand, even though they have not been playing to the standard that they might want, I think they have improved on this particular tour and Ireland, you've got to look at their record , one loss in recent times they've been hissing along quite nicely so when I look at it I think quite clearly yes, these are the two best teams in the world at the moment.)
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Places to Visit around New Ross
Berkeley Costume and Toy Museum
New Ross, Wexford, Ireland
Private collection of 18th and 19th century toys, dolls and costumes, displayed in the drawing rooms of Berkeley Forest House. Rare dolls, toy carriages and embroidered textiles on show, some from important Irish families.
Dunbrody
Dunbrody is a 458 tonne three-masted barque, 176 feet (53.7 metres) long. Her hull length is 120 ft. (36.6 m), she has a beam of 28 ft (8.5 m), a draft of 11.5 ft (3.5 m) and has a sail area of 10,100 square ft. (c. 940 sq. m.). The present ship is a reconstruction...
John F Kennedy Arboretum (HI), the
Dedicated to the memory of John Fitzgerald Kennedy, President of the United States from 1960 to 1963, the Arboretum is a plant collection of international standing.
0.0 miles Botanic Garden
Kennedy Homestead
The Kennedy Homestead, birthplace of President John F. Kennedy's great-grandfather Patrick Kennedy, celebrates the story of five generations of the Kennedy dynasty and is still today farmed by his descendants.
St. Mullins Heritage Centre
St Mullin's, Carlow, Ireland
Since 1986 the former Church of Ireland Church, originally built in1811, now houses the St. Mullins Muintir na Tire Heritage Centre. The Centre is situated beside the famous Monastic Ruins and Cemetery.
Russborough House
Blessington, Wicklow, Ireland
The World Monuments Fund has selected Russborough for inclusion in the World Monuments Fund 'Watch' 2010. Inclusion in this list provides Russborough (the only Irish site selected) with an important opportunity to promote and protect this wonderful location both at...
10.4 miles Historic House
Duncannon Fort
Duncannon, Wexford, Ireland
Duncannon Fort is a star shaped fortress on an important promontory in Waterford Harbour. It was built in 1588 in the expectation of an attack on the area by the Spanish Armada. The Fort is surrounded by a 30 ft high dry moat and has one of the oldest lighthouses of...
Lismore Castle
Lismore, Waterford, Ireland
Lismore Castle has been the Irish home of the Dukes of Devonshire since 1753 and is possibly the most spectacular castle in Ireland. Situated in a panoramic position overlooking the Blackwater Valley it has views over rolling, wooded hills to the Knockmealdown...
12.9 miles Art Gallery
St. Marys Church (HI)
Gowran, Kilkenny, Ireland
This collegiate church, was built in the late 13th century on the site of an earlier monastery. It was served by a "college" - clerics who lived in a community but who did not submit to the rule of a monastery.
16.6 miles Religious Site
National 1798 Rebellion Centre
Millpark Road, Enniscorthy, Wexford, Ireland
This distinctive centre is located just off the N30 and N11 in the shadow of Vinegar Hill, beside the picturesque river Slaney and just 500 meters from the thriving market town of Enniscorthy. The Centre tells the epic and heroic tale of the 1798 Rebellion and it's...
Best kids activities in New Ross
Children's day out near Waterford
Fun day out in Enniscorthy
Cheap places to visit in Tramore
Interesting places to see in Carrick-on-Suir
What to do with kids in Wexford
Fun places to visit around Kilkenny
Fun in Carlow
Great art galleries in Clonmel
Where to visit with kids in Gorey
Fun exhibitions in Dungarvan
Fun family activities in Athy
School education trip in Thurles
Children's activities in Arklow
Tourist attractions in Portlaoise
Museums in Youghal
Family things to do in Tipperary
Things to do with kids in Kildare
Best places to visit in Roscrea
Where to take your kids around Portarlington
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San Diego Rape and Mental Health Crisis Lines
If you or someone you know is in immediate danger please call 911
If you are not in immediate danger because of thoughts of suicide, but need someone to talk with about your suicidal feelings, please call one of the following national suicide prevention lines:
1-800-SUICIDE (1-800-784-2433)
1-800-273-TALK (1-800-273-8255)
Mental Health Services - County of San Diego
If you need information about how to handle a mental health crisis, you can talk to a trained counselor who can help with your specific situation. Call the Access and Crisis Line at 1-888-724-7240. The toll-free number is available 24-hours a day, 7-days a week. ( TDD for the hearing impaired: 619-641-6992).
San Diego Psychiatric Hospital, 3853 Rosecrans Street San Diego, CA 92110
211 San Diego
Provides emergency assessment and referral for individuals with mental illness who come to the attention of law enforcement through phone calls from community members or in-field law enforcement request for emergency assistance.
PERT pairs licensed mental health clinicians with uniformed law enforcement officers/deputies. Clinicians work out of individual law enforcement divisions and respond in the field with their law enforcement partners. The PERT team evaluates the situation, assesses the individual's mental health condition and needs, and, if appropriate, transports individual to a hospital or other treatment center, or referees him/her to a community-based resource or treatment facility.
At the heart of NAMI San Diego’s mission is the sharing of information and striving to end the stigma associated with mental illness. To this end, we offer a Helpline, support groups, educational meetings, newsletters, a lending library and a number of classes on mental illness held at various locations throughout San Diego County.
Suicide Prevention Trainings
Community Health Improvement Partners offer free suicide prevention trainings. QPR, which stands for Question, Persuade and Refer, is an emergency intervention to help a person who is considering suicide. Anyone who is in a position to recognize the signs that someone may be considering suicide is encouraged to sign up for a QPR training.
In a one-hour workshop, individuals learn to recognize warning signs, what questions to ask and how to offer hope and help. The workshop is designed for parents, friends, neighbors, teachers, ministers, doctors, nurses, office supervisors, caseworkers, firefighters and many others. QPR trainings are offered at no cost in San Diego.
Survivors of Suicide Loss (SOSL)
SOSL provides self-help support groups for those who have lost a relative or friend through suicide. Support materials and a quarterly newsletter are available either electronically or in hard copy. A speaker’s bureau provides information on suicide issues and prevention of suicide.
Yellow Ribbon Suicide Prevention Program of San Diego
Yellow Ribbon is a community and school-based suicide prevention and outreach program. The website includes tips on how to recognize warning signs, how to reach out and a special section for parents to help them recognize signs of depression in children and teens.
American Foundation for Suicide Prevention (AFSP) - San Diego Chapter
The AFSP San Diego Chapter is dedicated to understanding and preventing suicide through research, education and advocacy, and to reaching out to people with mental disorders and those impacted by suicide. The Chapter offers educational programs for highs schools, colleges, professionals and community groups. The Chapter’s Survivor Outreach Program provides survivors and their families support and reassurance that surviving a suicide loss is possible.
Phone: 855-869-AFSP (2377)
Rape Crisis Lines and Domestic/Sexual Abuse Helplines
San Diego Domestic Violence Hotlines
There are currently 8 domestic violence and abuse shelters and programs in San Diego, CA with 3 offering a hotline and 6 offering emergency shelter. Outside of this city and still nearby, you can also find help at these 11 domestic violence and abuse shelters and programs in places like Chula Vista, Encinitas, and Oceanside.
YWCA of San Diego County - 619-234-3164
National Family Justice Center Alliance - 619-236-9551
Break the Silence against Domestic Violence - 855-287-1777
Center For Community Solutions - 888-385-4657
Muslim Women in Action - 810-259-2937
Center for Community Solutions | County Domestic Violence and Sexual Assault Hotline
CCS operates the only 24-Hour toll free County-wide crisis line for crisis intervention and information referrals related to domestic violence and sexual assault in San Diego. Our hotline provides person-to-person crisis counseling by trained staff and volunteers. All hotline services are free and confidential, in both English and Spanish
Center for Community Solutions | Rape Crisis Center
Operates a rape crisis center with a 24-hour hotline. Provides crisis counseling to victims of assault, rape, and domestic violence, hospital accompaniment services for rape victims and prevention and education to the community....
4508 MISSION BAY DR, SAN DIEGO,CA 92109
Rape, Abuse & Incest National Network (RAINN) | Department of Defense (DoD) Safe Helpline
Offers an anonymous crisis support helpline and online chat for members of the DoD (Military, Army, Navy, Marine, Air Force, Coast Guard, National Guard) community affected by sexual assault. Safe Helpline provides live, one-on-one advice, support, and information to the worldwide DoD community through a confidential phone line, secure instant-message.
Sure Helpline Crisis Center | Rape Crisis Center, Imperial County
Provides confidential, 24 hours, 7 days a week crisis intervention, advocacy and emotional support to victims of sexual assault through accompaniment, short-term counseling and information and referral.
Women's Resource Center | Crisis Intervention and Hotline
Offers a 24-hour crisis hotline to victims of domestic violence and sexual assault and provides crisis intervention services in person or via telephone. Each individual’s immediate needs will be assessed and every attempt is made to meet those needs. Community resources and alternative options will be discussed in a non-judgemental manner.
The North County LGBTQ Resource
This organization provides quality health care to the ethnically diverse communities in San Diego.
National Crisis Lines
Visit our list of National Crisis Hotlines
In-Person Counseling in San Diego
Search Our Directory of Affordable Counseling
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Vikings sign Zimmer to 3-year contract extension through ’23
by: DAVE CAMPBELL, Associated Press
Posted: Jul 24, 2020 / 07:24 PM EDT / Updated: Jul 24, 2020 / 07:24 PM EDT
FILE – In this Dec. 8, 2019, file photo, Minnesota Vikings head coach Mike Zimmer watches from the sideline during the first half of an NFL football game against the Detroit Lions in Minneapolis. The Vikings signed head coach Zimmer on Friday, July 24, 2020, to a three-year contract extension through the 2023 season. Zimmer’s record with the Vikings over six years is 57-38-1, plus 2-3 in the postseason. (AP Photo/Bruce Kluckhohn, File)
MINNEAPOLIS (AP) — The Minnesota Vikings signed head coach Mike Zimmer to a three-year contract extension through the 2023 season, finalizing a key piece of business Friday before the beginning of training camp.
Zimmer has a 57-38-1 record over six years, the third-best winning percentage (.599) of the nine head coaches the franchise has had over 59 seasons. The 64-year-old Zimmer trails Bud Grant (.621) and Dennis Green (.610) on the team list, and he’s seventh in winning percentage among active NFL head coaches with a minimum of 50 games.
The new deal, which was agreed upon earlier in the week, was hardly a surprise for an organization that has prided itself on stability since owners Zygi Wilf and Mark Wilf took over in 2005. Zimmer also had his contract extended at the commencement of training camp in 2016.
“Coach Zimmer brings an intensity and consistency to the field that our players and fans alike appreciate. He holds his players and staff to a high standard and will continue to guide the Vikings to long-term success,” Zygi Wilf said in a statement distributed by the team.
Zimmer is 2-3 in the playoffs, with an appearance in the NFC championship game after a 13-3 finish in 2017 season the highlight of his tenure. The Vikings have won the NFC North division twice, and they qualified for a wild card spot last year. Their victory on the road over New Orleans in the first round likely secured his status.
The foundation was laid by his work with the defense, directing the team to top-10 finishes in the league in points allowed in five of his six seasons. Over his entire tenure that began in 2014, the Vikings defense is first in the NFL in third down conversion rate, second in points allowed per game and third in yards allowed per game.
Zimmer’s son, linebackers coach Adam Zimmer, will serve as co-defensive coordinator with defensive line coach Andre Patterson this year. Training camps are on track to start with a slow rollout next week, after NFL owners and players reached agreement Friday on protocols for the COVID-19 pandemic that limited offseason work to video conference calls.
More AP NFL coverage: https://apnews.com/NFL and https://twitter.com/AP_NFL
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Bankruptcy Update
The Solvent Debtor Exception Lives . . . Probably: Fifth Circuit Withdraws Controversial Ruling, but Key Holding Remains
Categories: Case Summaries
by Brian P. Guiney on December 5, 2019
Ultra Petroleum entered bankruptcy in significant financial distress, but then – thanks to a spike in oil prices – the debtor’s fortunes changed almost literally overnight. It is generally accepted that a solvent debtor must pay its creditors their complete contractual entitlement before any amount is paid to equity or retained by the debtor.[1] So, in light of the debtor’s newfound solvency, bondholders and other lenders demanded payment of post-petition interest at the contract rate and payment of a “make-whole premium.”[2] Anything less, they said, would render them “impaired” and entitled to vote on the proposed plan.[3]
The debtor insisted that the creditors were unimpaired – and thus ineligible to vote on the plan – because the plan would pay them everything they were entitled to under the Bankruptcy Code. The debtor argued that the make-whole claims should be disallowed as claims for unmatured interest, which are barred by section 502(b)(2) of the Bankruptcy Code. According to the debtor, it did not matter that creditors would be entitled to a make-whole premium and post-petition interest at the contract rate under state law, because it was the Bankruptcy Code, not the plan itself, that freed the debtor from the obligation to pay these amounts.
The Bankruptcy Court agreed with the creditors and held that they must receive their entire contractual entitlement – including the make-whole premium and post-petition interest at the contract rate – in order to be unimpaired.[4] The debtor appealed directly to the Fifth Circuit, which reversed and sided squarely with the debtor:
Section 1124(1) says ‘a class of claims or interests’ is not impaired if ‘the plan . . . leaves unaltered the [claimant's] legal, equitable, and contractual rights.’ The Class 4 Creditors spill ample ink arguing their rights have been altered. But that’s both undisputed and insufficient. The plain text of § 1124(1) requires that ‘the plan’ do the altering. We therefore hold a creditor is impaired under § 1124(1) only if ‘the plan’ itself alters a claimant's ‘legal, equitable, [or] contractual rights.’[5]
The Fifth Circuit also pointed out that every bankruptcy court (save for the bankruptcy court below in this case) and the one other circuit court of appeals to consider the question all took the same approach.[6]
In its January ruling, however, the Fifth Circuit went further. Even though the Bankruptcy Court had not specifically opined on the question, the Fifth Circuit expressed doubt that the “solvent debtor” exception applied to claims for make-whole premiums because Section 502(b)(2) of the Bankruptcy Code calls for disallowance of claims for “unmatured interest.”[7] The creditors sought rehearing because, they argued, it was inappropriate for the Fifth Circuit to opine on a question that the Bankruptcy Court never reached (i.e., whether a make-whole is tantamount to a claim for unmatured interest and thus should be disallowed).
Last week, the Fifth Circuit replaced the January Opinion with a new one that removes the discussion of whether the solvent debtor exception survived enactment of Section 502(b)(2).[8] What remains in the new, streamlined opinion is the Court’s discussion on impairment, unchanged from the opinion issued in January. As to the enforceability of make-wholes in bankruptcy, the Fifth Circuit sent that question back to the Bankruptcy Court (albeit with some hint as to where it was leaning):
That leaves the questions of whether the Code disallows the creditors’ claims for the Make-Whole Amount and the creditors’ request for post-petition interest at the contractual default rates specified in the [loan documents]. The creditors say their contracts entitle them to both amounts, and that their contracts should be honored under bankruptcy law’s longstanding “solvent-debtor” exception. The debtors argue no such exception exists in modern bankruptcy law. And the debtors further argue both claims are governed by the Bankruptcy Code, not the pre-Code law or the parties’ contracts. The bankruptcy court never reached either question. [. . .] Our review of the record reveals no reason why the solvent-debtor exception could not apply. [. . . ] But mindful that we are a court of review, not of first view, we will not make the choice ourselves or weigh the equities on our own. Accordingly, the bankruptcy court should consider the Make-Whole Amount, the appropriate post-petition interest rate, and the applicability of the solvent-debtor exception on remand.[9]
We will continue to monitor the case and provide a further update when the Bankruptcy Court takes up the remand.
[1] See, e.g., In re Dow Corning Corp., 456 F.3d 668, 679 (6th Cir. 2006)(“absent compelling equitable considerations, when a debtor is solvent, it is the role of the bankruptcy court to enforce the creditors’ contractual rights.”); see also In re Chicago, Milwaukee, St. Paul and Pac. R.R. Co., 791 F.2d 524, 528 (7th Cir. 1986).
[2] A make-whole premium is a provision in a loan agreement or bond indenture designed to compensate lenders for the loss of future interest payments if and when borrowers repay their debts prior to maturity (in this case, pursuant to a plan of reorganization).
[3] See 11 U.S.C. § 1124(1) (“a class of claims or interests is impaired under a plan unless, with respect to each claim or interest of such class, the plan—(1)leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim or interest”); 1126(f) (“Notwithstanding any other provision of this section, a class that is not impaired under a plan, and each holder of a claim or interest of such class, are conclusively presumed to have accepted the plan, and solicitation of acceptances with respect to such class from the holders of claims or interests of such class is not required”).
[4] In re Ultra Petroleum Corp., 575 B.R. 361, 372-73 (Bankr. S.D. Tex. 2017).
[5] Ultra Petroleum Corp. v. Ad Hoc Committee of Unsecured Creditors (In re Ultra Petroleum Corp.), 913 F.3d 533, 540 (5th Cir. Jan. 17, 2019) (the “January Opinion”).
[6] See id. (“The only court of appeals to address the question took the same approach. In In re PPI Enterprises (U.S.), Inc., a landlord (creditor) argued the reorganization plan of his former tenant (debtor) impaired his claim because it did not pay him the full $4.7 million of rent he was owed over the life of the lease. The Third Circuit disagreed. Because the Bankruptcy Code caps lease-termination damages under § 502(b)(6), the plan merely reflected the Code's disallowance. At the end of the day, ‘a creditor's claim outside of bankruptcy is not the relevant barometer for impairment; we must examine whether the plan itself is a source of limitation on a creditor's legal, equitable, or contractual rights.’ It simply did not matter the landlord ‘might have received considerably more if he had recovered on his leasehold claims before the debtor filed for bankruptcy.’ The debtor's plan gave the landlord everything the law entitled him to once bankruptcy began, so he was unimpaired.”)(emphasis in original)(internal citations omitted).
[7] Ultra Petroleum Corp. v. Ad Hoc Committee of Unsecured Creditors (In re Ultra Petroleum Corp.), 913 F.3d 533, 547 (5th Cir. Jan. 17, 2019) (the “January Opinion”) (“[T]he creditors can recover the Make-Whole Amount if (but only if) the solvent-debtor exception survives Congress's enactment of § 502(b)(2). We doubt it did.”).
[8] Ultra Petroleum Corp. v. Ad Hoc Committee of Unsecured Creditors (In re Ultra Petroleum Corp.), 17-20793 (5th Cir. Nov. 26, 2019) (the “November Opinion”).
[9] Id. at *12.
Brian P. Guiney
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Commodore 64 Mini will come with 64 games and a 'classic style' joystick
By Andy Chalk 29 September 2017
The C64 Mini is being made by the company that crowdfunded a full-size C64 last year—which has yet to be delivered.
The NES Classic and SNES Classic, miniaturized versions Nintendo's classic consoles with emulators and games pre-installed, have been so popular that supply hasn't come close to meeting the rabid demand. Thir runaway popularity has inspired the development of a new kind of mini-console that's a bit closer to our PC-loving hearts: The C64 Mini.
The C64 Mini is a "perfectly formed" replica, half the size of the original, and sporting an HDMI and two USB ports, so you can plug in a standard USB keyboard and "type in those old BASIC computer listings or program new games. For those who'd rather get straight to the chunky pixels, it will also come with a "classic style joystick" and 64 "legendary" preinstalled games.
"Most of these were rated over 90 percent by leading publications of the day, with many winning coveted awards," creator Retro Games said. "From sports to shooters, platformers to puzzlers, there’s a plethora of titles to keep the most discerning retro enthusiast happy."
If that company name rings a bell, it may be because it's the same outfit that launched a crowdfunded effort to resurrect the Commodore 64, along with a C64SX handheld, on Indiegogo. That effort failed to reach its goal, attracting just over $100,000 of its $150,000 target, but because it was a "flexible funding" campaign, Retro Games kept the money and work on the computers continued.
The company said in an Indiegogo update that it had hooked up with "a global business partner who would help us deliver the console to backers and to the retail market," but part of the plan for making that happen included coming up with more versions of the system—which is why the C64 Mini will be released ahead of the full-size unit.
"In conversations with retailers it has become clear that the wider retail market is demanding the C64 Mini more so than our full-size design," it explained. "Putting this Mini model first in the production timeline will mean that not only will we have the capital to deliver to the backers and pre-order customers that have supported us, but that we will also give them far more than the product they originally paid for."
To that end, all backers of the original Indiegogo campaign, or who preordered the new C64 prior to the announcement of the Mini, will be given a Mini console along with the regular system. That's the good news: The bad news is that the C64 Mini doesn't have a solid release date (though it is planned for this year), the C64 won't be out until sometime after the Mini comes out, and the handheld is even further off—so far off, in fact, that backers of the handheld will be given the Mini and full-size C64 instead, as well as "a significant discount" on the unit should they decide to buy it when it comes out.
"Our aim is to deliver the C64 Mini console set to Indiegogo backers and pre-order supporters in time for Christmas 2017. At this stage we are still completing and testing the firmware, so we must stop short of guaranteeing this date—if we do miss it, we will deliver as early in the New Year as we can; we feel as a team that honesty is better than broken promises," Retro Games wrote. "Once the global launch of the C64 Mini has been completed, we will switch our focus back to the full-size keyboard model of the C64, with our aim to deliver to you all in early 2018. We appreciate that any delay from an original estimate is disappointing, but we hope that the C64 Mini will keep your thumbs twiddling until then."
The C64 Mini will carry a suggested price tag of $70/£70/€80.
Andy Chalk
Andy covers the day-to-day happenings in the big, wide world of PC gaming—the stuff we call "news." In his off hours, he wishes he had time to play the 80-hour RPGs and immersive sims he used to love so much.
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Home » The Spearin Doctrine: 100-Plus Years Old and Still Going Strong
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The Spearin Doctrine: 100-Plus Years Old and Still Going Strong
All parties to construction contracts must be aware of its limits and contours to understand properly their exposure to liability.
Steven Nudelman
“Errors and omissions” is a phrase that keeps design professionals awake at night. Plans and specifications may contain mistakes or inaccuracies that are identified by a contractor after construction on a project begins. If those inaccuracies cause delays, the question arises: Who is responsible for the associated costs? While the design professional may ultimately face liability from the owner, the initial tussle over responsibility is typically between the contractor and the owner.
In response to this “tussle,” courts across the country have developed a doctrine known in some jurisdictions as the “implied warranty of design adequacy.” This implied warranty is commonly known as the Spearin Doctrine, named after an infamous construction case dating back to 1918.
Under the Spearin Doctrine, “if a contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specifications.” United States v. Spearin, 248 U.S. 132, 136 (1918). However, this general rule is subject to exceptions that contractors must familiarize themselves with to avoid unnecessary exposure to liability.
The Spearin Doctrine originated in the U.S. Supreme Court at the turn of the 20th century. In 1905, George Spearin contracted with the federal government to build a dry dock at the Brooklyn Navy Yard for $757,800 (more than $19 million in present value). The government provided the plans and specifications. To complete the project, Spearin had to divert a nearby sewer.
Approximately one year after that diversion, heavy rainfall coinciding with a high tide broke the sewer and flooded the dock. Upon inspection, Spearin learned there was a dam within the sewer. The diversion of the sewer increased pressure on the dam substantially, causing it to break. All parties were unaware of the dam, which was not mentioned in the specifications provided by the United States.
Spearin refused to continue work unless the government paid for repairs. The government refused to compensate him further and elected to use other contractors to complete the project. Spearin sued the federal government, arguing that the faulty design specifications it created caused damage and delay to the project.
The government argued that because Spearin’s contract obligated him to inspect independently the actual conditions of the site, the government was not liable for providing incomplete specifications. In what has become a landmark legal decision in the construction industry, the U.S. Supreme Court rejected this argument.
The court held that “[t]he obligation to examine the site did not impose upon [Spearin] the duty of making a diligent inquiry into the history of the locality with a view to determining, at his peril, whether the sewer ... would prove adequate.” Spearin, 248 U.S. at 137. In other words, a general requirement in a contract that a contractor inspect the site does not obligate the contractor to unearth unknown conditions that should be in the design specifications.
Since Spearin, nearly all 50 states adopted some form of the doctrine. See 3 Brunner & O’Connor, Construction Law § 9:81. The precise contours and limitations of the doctrine vary from state to state. While most states simply refer to the Spearin Doctrine, some jurisdictions use the phrase “implied warranty of design adequacy.” See, e.g., MidAmerica, Inc. v. Bierlein Cos., No. 4:19-cv-04096, 2020 WL 5995981 (W.D. Ark. Oct. 9, 2020); Costello Constr. Co. v. Charlottesville, 97 F. Supp. 3d 819 (W.D. Va. 2015).
Despite the doctrine’s wide acceptance, there are a number of landmines contractors must avoid to take advantage of it. For example:
• The Spearin doctrine will not apply if a plaintiff failed to adhere to other parts of the contract. See Al Johnson Constr. Co. v. United States, 854 F.2d 467, 469-70 (Fed. Cir. 1988); S. Comfort Builders, Inc. v. United States, 67 Fed. Cl. 124, 134 (Fed. Cl. 2005); Fid. & Deposit Co. of Md. v. Travelers Cas. & Surety Co. of Am., No. 2:13-cv-00380, 2018 WL 4550397, at *13 (D. Nev. Sept. 21, 2018).
• The Spearin doctrine does not apply if the supplier of the plans and specifications exculpates itself from responsibility for inaccurate descriptions from the site, as opposed to merely placing a general burden upon the contractor to check the site. See Sasso Contracting Co. v. State, 173 N.J. Super. 486, 489-91 (App. Div.), certif. denied, 85 N.J. 101 (1980).
• A contractor otherwise entitled to relief under the Spearin doctrine will not get it if the site specifications contained an obvious discrepancy. See Metric Constr. Co. v. United States, 80 Fed. Cl. 178, 186 (Fed. Cl. 2008).
• The Spearin doctrine will not apply when site specifications are incomplete, leading to numerous Requests for Information. See Dugan & Meyers Constr. Co. v. Ohio Dep’t Adm. Servs., 864 N.E.2d 68, 73 (Ohio 2007). At least in Ohio, the Ohio Supreme Court limited Spearin to a very specific type of claim and it cannot be used as a free-wielding sword to recover for delays to a project.
Notably, the above restrictions to Spearin are only applicable to the referenced jurisdictions. Courts around the country differ in their interpretations of Spearin and its limitations.
Application of Spearin
While owners such as the federal government lost the battle in the Supreme Court in 1918, the war against contractors is ongoing. After Spearin, an owner cannot assign the contractor an independent duty to inspect the project site and expect a court to absolve the owner from liability for inadequate design. This scenario is illustrated in a recent case out of the Western District of Arkansas, MidAmerica, Inc. v. Bierlein Cos.
This case concerns a construction dispute related to the decommissioning of a retired power plant. Defendant Bierlein was the general contractor; plaintiff MidAmerica was its subcontractor charged with removing fuel oil. MidAmerica prepared a bid for its subcontract work based on specifications provided by Bierlein. After performing an on-site inspection, MidAmerica submitted what was ultimately a winning bid and was awarded the subcontract.
Upon commencing work, however, MidAmerica discovered that the site contained No. 6 fuel oil instead of No. 2 fuel oil. Types of fuel oil range from 1 through 6. The higher the number, the more difficult and expensive it becomes to remove. In litigation, MidAmerica claimed that Bierlein misrepresented the grade of fuel oil in the site documents.
As a preliminary matter, the court held that the Spearin Doctrine is not limited to public construction contracts; it extends to private projects as well.
Bierlein relevantly argued that the requirement that MidAmerica inspect the site absolved Bierlein of responsibility from a discrepancy in the site documents. The court, however, soundly rejected this argument. It held that under Spearin, “a warranty made by positive affirmation as to site conditions cannot be undone by language requiring a site inspection to determine the scope of work.” Id.
The Spearin Doctrine should loom large in the minds of both owners and contractors. While the Spearin case itself focused on the owner, other courts, such as the MidAmerica court, have extended the doctrine to cover other parties who supply plans and specifications, such as the general contractor. See, e.g., L.K. Comstock & Co. v. United Eng’g & Constructors, Inc., 880 F.2d 219, 226 (9th Cir. 1989).
The Spearin Doctrine can operate as both a sword and a shield. That is, a contractor may sue for relief if an owner fails to compensate the contractor properly for additional work not contemplated in the plans and specifications. Or, instead, the contractor may use it as a defense if an owner sues for damages to complete the contract if the contractor decides to stop performance due to differing site conditions.
In either situation, all parties to construction contracts must be aware of the limits and contours of the Spearin Doctrine, as it has been applied in their particular jurisdiction, to understand properly their exposure to liability.
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Plutocrats or Pluralists?
A critique of philanthropic influence in public life starts with the wrong assumptions
Sean Parnell
Stanford Professor Rob Reich’s new book Just Giving sets out to develop a political theory of philanthropy. He succeeds in that mission, but it’s not clear that he’s developed a theory that notably advances or defines how people can or should think of philanthropic giving in general or private foundations in particular.
The book starts off strong, at least for those who enjoy history, with a description of the efforts of John D. Rockefeller to secure a Congressional charter for his foundation in the early 1900s. That attempt ultimately failed, of course, and some of the concerns and criticisms voiced at that time have modern-day echoes, including the ideas that Rockefeller’s wealth was ill-gotten and that the proposed foundation was, as one contemporary put it, “repugnant to the whole idea of democratic society.”
Just Giving: Why Philanthropy Is Failing Democracy and How It Can Do Better by Rob Reich
The book then offers fascinating accounts of the ancient Athenian practice of liturgy (a way of getting the wealthy to pay for public needs), and the Islamic waqf (a precursor to modern-day foundations). Once the book moves from history to its critique of modern philanthropy, however, it suffers from a cascade of asserted but unsupported characterizations, undefined key terms, casual dismissals of contrary or competing ideas, and policy prescriptions that lack detail or that would seriously damage philanthropic giving and civil society.
In brief, the central premise of Just Giving is that wealthy givers have too much influence and power in both the world of philanthropy and public life, and private foundations are a key element of the wealthy’s ability to exercise this power. It often uses the term “plutocratic” to describe this supposed phenomenon and argues that it undermines the ideal of equality that is meant to be a core American value. Reich’s view of equality encompasses not only things like equal treatment under the law, but an “equal opportunity for political influence.” Yet while he is critical of how private foundations promote this alleged plutocracy, Reich does manage to find a way for them to continue to exist in ways that he believes support rather than undermine democracy and equality.
In arriving at this position, the book makes the case for the benefits to society of philanthropy in general and private foundations in particular. For example, it observes (rightly) that charitable giving promotes “the pluralism of associational life by diminishing state orthodoxy in defining its contours”—in short, it’s good to have some institutions capable of dissenting from societal norms and the state.
The book also makes the general case for long-lasting (if not perpetual) private foundations as being able to serve a “discovery” purpose in finding solutions to seemingly intractable problems that short-sighted politicians and voters are often unable to deal with. Reich argues compellingly that because private foundations have neither profit-seeking nor vote-seeking concerns, they can take a long-term view and make investments that business and government cannot.
This “discovery” purpose is where Reich ultimately rests his defense of the existence of private foundations. But this defense still seems somewhat incoherent when considered with the rest of the book, such as how it approvingly quotes Diane Ravitch’s characterization of Bill Gates as “the nation’s unelected school superintendent.” Isn’t the education work of the Gates Foundation a prime example of such public-spirited experimentation and “discovery”?
The qualified defense of private foundations only extends to large foundations, however. Those with assets of less than $10 million or $50 million or some other arbitrary figure would no longer be permitted, as they are apparently too small to effectively pursue the mission Reich would assign them. The more modest family foundations that support local organizations and serve as a way for many well-off but not super wealthy families to give to their communities would be a thing of the past, which should trouble anyone who cares about ensuring a healthy philanthropic community outside of major cities with lots of extremely wealthy citizens.
The silver lining in Reich’s proposal to reshape private foundations is that, aside from setting a minimum asset size, the book isn’t able to provide much guidance on how this could or should be done, other than to suggest a “long-term or generational impact statement” be included in annual filings and the introduction of a “voluntary peer-review” process of some sort. There is no obvious road map for like-minded persons to pursue in terms of a public-policy agenda.
Reich also rightly objects to the fact that only a small percentage of taxpayers—those who itemize—are now able to deduct their charitable gifts. But instead of suggesting that all Americans should be able to deduct their giving, he offers a radical proposal that would devastate charitable giving and the institutions it supports—elimination of the current deduction in favor of a charitable tax credit worth no more than $1,000.
This proposal is in pursuit of the “egalitarian” notions Reich believes philanthropy should serve and is supposedly justified by claims the charitable tax deduction subsidizes the giving preferences of the wealthy, who get much greater tax benefits than others from the deduction. Among other problems, replacing the tax deduction with a very limited tax credit would eliminate a crucial guardrail separating the state from an independent civil society, a protection that sends a signal that the funds given to charitable organizations are not subject to government interference. A credit would also be subject to endless meddling, changes, preferences, and restrictions based on the whims of politicians.
It would also dramatically cut the amount of money going to charity. Givers don’t give because of the tax deduction, of course, but there’s no question that it affects how much is given and when it is given, as mountains of research have shown. A weaker, diminished civil society is the obvious outcome.
The rationale Reich offers for this policy depends heavily on the assumption that the tax deduction for charitable donations constitutes a “subsidy” for the preferences of wealthy givers. A wealth of arguments against this highly debatable contention are lightly dismissed or largely ignored. (For an alternate view, see “It’s About Freedom, Not Finances” in the Summer 2013 issue.)
The underlying question Just Giving seeks to answer is this: “What role, if any, ought foundations play in a democratic society?” In a nation that prizes liberty and has a legal system grounded in the idea that “Everything which is not forbidden is allowed,” this is the wrong place to start. A better, more appropriate question might be: “What role ought the state play in the decisions of private philanthropists regarding what to fund in civil society?”
You won’t find a useful answer in this book. The independence of civil society is a key element of the freedoms Americans enjoy, and that alone should be enough to warn readers away from following the path proposed by Just Giving.
Sean Parnell is vice president of public policy at The Philanthropy Roundtable.
Solving the $2 Trillion Problem
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Summer 2016 - A Watchdog with Only One Eye
"The history she describes is not hidden, and the people she writes about are not radicals.” A review of author Jane Mayer’s book Dark Money: This very selective “exposé” distorts reality.
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This lesbian couple have just been named co-pastors at a Baptist church
Meka Beresford January 9, 2017
A lesbian couple in Washington D.C have been named co-pastors of a Baptist Church.
Sally Sarratt and Maria Swearingen will begin in their new role on February 26th after being presented to the congregation yesterday.
The married couple are believed to be the first gay couple leading a Baptist church, a spokeswoman for the congregation has confirmed.
“We look for the best people in the world and that’s who they were,” said Carol Blythe. “We’re very excited.”
The couple, originally from South Carolina, have moved to Washington to take on the roles in the Calvary Baptist Church.
“We have found it so easy to fall in love with Calvary and its long-standing commitment to be a voice of justice and compassion for those who perpetually find the wholeness of their humanity disregarded and maligned,” the couple said to the congregation Sunday, according to the church.
The pair had both previously served as associate chaplains – with Sarratt working in behavioural health, and Swearingen at Furham University.
The couple met at the First Baptist Church in their hometown of Greenville, and married there after a nondiscrimination policy was introduced in 2015.
Both of the women have been involved in religion for their entire lives, but have been staunch supporters of LGBT rights.
Sarratt in particular has stood for rights, having previously spoken out about finding harmony between sexual identity and faith and not sacrificing either.
Two former Catholic nuns who renounced their vows after falling in love with each other got married last year.
The pair tied the knot in Italy, following the country’s decision to pass a new civil union bill, which legalises same-sex unions. Federica and Isabel fell in love three years during a mission in South America.
More: Baptist, Church, co-pastors, lesbian, lesbian couple, LGBT, pastors, US, Washington D.C.
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Inmate suspected of threatening gay clubs is accidentally released from jail
Bea Mitchell May 3, 2018
A man suspected of threatening gay bars with violence has been accidentally released from jail in Chicago.
According to Chicago Police sheriff’s spokeswoman Cara Smith, 31-year-old Shane Sleeper was released from Cook County Jail on Tuesday night, reports the Chicago Tribune.
He was facing state terrorism, hate crime and felony harassment charges after apparently threatening gay bars with violence in the Lakeview area of Chicago.
Police said Sleeper told one of his victims in Chicago something along the lines of, “Orlando will come to Chicago,” referencing the Pulse gay nightclub shooting in Orlando, Florida, which left 49 people dead in 2016.
Smith said Sleeper had been in custody since February, and was being held on a “handful” of misdemeanour charges that were allegedly upgraded to felonies by the state’s attorney’s office – who did not notify the sheriff’s office.
Chicago Pride (KAMIL KRZACZYNSKI/AFP/Getty)
“Preliminarily, it appears that the only cases he was being held on were dismissed and the sheriff’s office was never notified of any additional charges that were brought,” Smith said.
“We were never notified. Our phones are on 24 hours a day,” she added. “We complied with the only court order we received.”
Cook County state’s attorney’s office spokesman Robert Foley said the sheriff’s office is responsible for custody of defendants.
Foley said in a statement: “Mr Sleeper was in custody when the sheriff’s office brought him to court yesterday. He was arraigned in a felony trial court room where he was assigned a no bail status and left in the custody of the sheriff’s office.”
Sleeper was arraigned on multiple felony charges during the hearing on Tuesday before Cook County Judge Matthew Coghlan.
Foley said the charges include falsely making a terrorist threat, hate crime, harassment through electronic communications, criminal trespassing, stalking, assault, false personation of a police officer and telephone harassment.
Police are actively searching for Sleeper. Anyone with any information should call 911 or Chicago police.
Last year, an estimated one million people gathered in Chicago for the 48th annual Pride celebration. City officials confirmed the huge outcome for the event which took place on June 25, 2017.
Orange is the New Black’s Lea DeLaria was the Grand Marshal for the parade which made its way through a number of neighbourhoods on the day.
Speaking at the event, DeLaria said she was overjoyed that she could celebrate Pride in her home state.
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Reading attack terrorist who stabbed three gay men to death jailed for whole life
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The Foreign Minister departs for the United Arab Emirates and Saudi Arabia for working visits
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Council of Ministers approves the creation of a Fast Track Business Activation Mechanism
The creation of a Fast Track Business Activation Mechanism for setting up a company in Cyprus by third country nationals was approved today by the Council of Ministers, aiming to attract foreign investment to the island.
The proposal was submitted by the Minister of Energy, Commerce and Industry, Mrs. Natasa Pilides, in coordination with the Ministries of Foreign Affairs, Interior, Finance and Labour. According to its provisions, all necessary procedures for the registration and incorporation of a company in Cyprus will be completed within 7 working days from the day of submission of all required information to the Ministry of Energy, Commerce and Industry. Where additional permits are required for the operation of the business, they will be completed within 30 working days, with the exception of building and planning permits.
In order to utilise the new Fast Track Business Activation Mechanism, interested companies should meet qualitative and quantitative criteria and, thus, contribute to the country’s economic growth. To benefit from the Mechanism, companies must create a physical presence in Cyprus, including personnel and independent offices, and have a minimum turnover of €500.000 per year in the last 3 years.
For public health purposes, all health protocols applicable in the Republic of Cyprus will be adhered to when participants in the Mechanism arrive in Cyprus.
For more information, interested parties can contact Katerina Solomou at 00357-22867193 or at ksolomou@meci.gov.cy.
All details regarding Cyprus’ new Fast Track Business Activation Mechanism will soon be announced.
(GA)
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Statement by Minister of Health, Mr Constantinos Ioannou, regarding the announcement of the new measures against the pandemic
Statement by the Minister of Health, Mr Constantinos Ioannou, on the decisions of the Council of Ministers to contain the pandemic
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Goal Drought Over For Marquis
Striker pleased to bag the winner against Lincoln
Photo: Joe Pepler/PinPep
by Neil Weld
@Pompey
Seven League One matches had been and gone without a goal for Pompey striker John Marquis.
So the summer signing was both delighted and relieved to scorer the winner against Lincoln at Fratton Park.
It would not have been his most memorable strike, but the 27-year-old was positioned in exactly the right place to follow up after Christian Burgess’ header was saved.
Now Marquis will be targeting more goals to help fire the Blues up the table following an inconsistent opening to the season.
He said: “I’m a confident person, although if I’m being honest it has played on my mind a little bit. It’s probably my longest run without one.
“I’ve scored regularly in the past few years, but I know what I bring to the team with my work ethic and all-round game.
"I’m a confident person, although if I’m being honest it has played on my mind a little bit."
John Marquis
“There was a chance on Saturday that I should have done better with and you just have to keep plugging away, getting into the right areas.
“I just made the run and the ball fell nicely for me. I’ve scored and we’ve won the game, but I don’t want to get too far ahead of myself.
“I believe that if the chances are there, then I’ll score them. I back myself to take them more often than not.
“We defended well as a team and I think we know we can be a lot better going forward. If we keep playing with that energy then it’s more enjoyable to play in and watch.
“Lincoln are a good side and if we want to get into the top half of the table – and there’s still a long way to go – these are the games where you need to pick up results.
“We haven’t been on the worst run of form, but performances have needed to be better and we know where we want to be.”
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Portsmouth vs Lincoln City on 22 Oct 19
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The Dog Stars
by Peter Heller
2 Burnside
1 Cedar Hills
A post-apocalyptic story with an open, elegant heart, Heller's debut novel follows a pilot, Hig, and an ex-military man, Bangley, in their fight for survival. Although stuck together in an uneasy partnership, they each flawlessly compensate for the deficits in the other and guard their "home" — an abandoned airport — from marauding intruders. Even as danger lurks around every corner and death is present in every exchange, the two work together as a well-oiled machine.
Yet, nine years on, Hig is lost and yearning for something he can't quite name. Leaving Bangley on his own, Hig takes off in his little Cessna and flies beyond the point of no return, holding onto the only thing he can — hope. The Dog Stars is an achingly beautiful book with characters that are wholly human. It's a dazzling story full of loss, pain, and sorrow, but also truth. And every page is absolutely humming with brilliance. Recommended By Dianah H., Powells.com
Publisher Comments
A riveting, powerful novel about a pilot living in a world filled with loss — and what he is willing to risk to rediscover, against all odds, connection, love, and grace.
Hig survived the flu that killed everyone he knows. His wife is gone, his friends are dead, he lives in the hangar of a small abandoned airport with his dog, his only neighbor a gun-toting misanthrope. In his 1956 Cessna, Hig flies the perimeter of the airfield or sneaks off to the mountains to fish and to pretend that things are the way they used to be. But when a random transmission somehow beams through his radio, the voice ignites a hope deep inside him that a better life — something like his old life — exists beyond the airport. Risking everything, he flies past his point of no return — not enough fuel to get him home — following the trail of the static-broken voice on the radio. But what he encounters and what he must face — in the people he meets, and in himself — is both better and worse than anything he could have hoped for.
Narrated by a man who is part warrior and part dreamer, a hunter with a great shot and a heart that refuses to harden, The Dog Stars is both savagely funny and achingly sad, a breathtaking story about what it means to be human.
“Extraordinary....One of those books that makes you happy for literature.” Junot Díaz, The Wall Street Journal
“This end-of-the-world novel [is] more like a rapturous beginning....Remarkable.” San Francisco Chronicle
“Heart-wrenching and richly written....The Dog Stars is a love story, but not just in the typical sense. It’s an ode to friendship between two men, a story of the strong bond between a human and a dog, and a reminder of what is worth living for.” Minneapolis Star-Tribune
“A brilliant success.” The New Yorker
“Beautifully written and morally challenging” The Atlantic Monthly
"Dark, poetic, and funny." Jennifer Reese, NPR
“An elegy for a lost world turns suddenly into a paean to new possibilities. In The Dog Stars, Peter Heller serves up an insightful account of physical, mental, and spiritual survival unfolded in dramatic and often lyrical prose.” The Boston Globe
“With its evocative descriptions of hunting, fishing, and flying, [The Dog Stars], perhaps the world’s most poetic survival guide, reads as if Billy Collins had novelized one of George Romero’s zombie flicks.” Publishers Weekly (Starred Review)
“The Dog Stars can feel less like a 21st-century apocalypse and more like a 19th-century frontier narrative (albeit one in which many, many species have become extinct). There are echoes of Grizzly Adams or Jeremiah Johnson in scenes where Heller lingers on the details of how the water in a flowing stream changes color as the sun moves across the sky.” The Dallas Morning News
“Heller’s surprising and irresistible blend of suspense, romance, social insight, and humor creates a cunning form of cognitive dissonance neatly pegged by Hig as an ‘apocalyptic parody of Norman Rockwell’ — a novel, that is, of spiky pleasure and signal resonance.” Booklist (Starred Review)
“Terrific....With echoes of Moby Dick, The Dog Stars...brings Melville’s broad, contemplative exploration of good and evil to his story.” Shelf Awareness
“A post-apocalyptic adventure novel with the soul of haiku.” The Columbus Dispatch
Peter Heller holds an MFA from the Iowa Writers’ Workshop in both fiction and poetry. An award-winning adventure writer and longtime contributor to NPR, Heller is a contributing editor at Outside magazine, Men’s Journal, and National Geographic Adventure, and a regular contributor to Bloomberg Businessweek. He is also the author of several nonfiction books, including Kook, The Whale Warriors, and Hell or High Water: Surviving Tibet’s Tsangpo River. He lives in Denver, Colorado.
Share your thoughts on this title!
Average customer rating 4.8 (4 comments)
Coni , May 15, 2017 (view all comments by Coni)
For a post-apocalyptic story, the protagonist, Hig, is pretty light-hearted for the dire situation he has found himself in. He does have a pretty sweet set-up with Bangley who has some kind of military training to keep their area they are living in the past nine years safe. Bangley doesn't trust anyone out in the world and assumes everyone is going to want to kill them so he wants to kill them first. Hig doesn't always agree with this, but knows that Bangley has kept him alive for years. When something happens that shakes up Hig's worldview, he decides that he wants to fly farther than he ever has before to possibly see what is left of the world. I did enjoy the relationships in the story, but it did feel like there was a lot of set-up before the main plot got going. The first half of the book felt like set-up and I felt like the last half was almost rushed. I also have problems with the lack of quotes. I had a hard time figuring out who was talking or if it was Hig thinking to himself. It made me reread parts trying to figure it out. I would have read it faster with quotes.
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W S Krauss , February 04, 2015 (view all comments by W S Krauss)
It's the end of the world as we know it and Hig has found a place for himself at an airport in the middle of nowhere, Colorado. He and his unlikely friend, an old man named Bangley, live at the airport and protect each other from people who stumble upon them and mean to cause them harm. Bangley has lots of firepower and Hig has his dog, Jasper, and a Cessna. Hig patrols the surrounding countryside with the plane to watch for intruders. I don't want to give any of the plot away but things happen to change the lives of these two survivors. It's a beautiful, hopeful story and I loved the stream of consciousness style of writing.
Diana9009 , May 24, 2013 (view all comments by Diana9009)
This book is incredible in so many ways. A rare gem that will make your heart pound like a thriller and make your hair stand on end from the prose. Also rare in the fact that it's written in present tense, yet flows effortlessly. Though I'm a fan of the present tense it has a number of limitations, one of which being that it feels unfamiliar, since most people are used to reading in the past tense. But I hardly noticed it wasn't in past tense. I got about fifty pages in before I realized. That's how perfect and necessary it is. And actually, this book made me rethink the way I write in first person. Hig's narration is fractured, often in incomplete sentences. And of course it is. That's how people really talk, even to themselves. Especially to themselves, especially in a world as lonely as this. And the way he left certain things unsaid. Genius, really. Said out loud they're cliches; unsaid, they're landmines, his emotional revelations. Really it's what the narrator doesn't say that's important. The blank spaces we, the readers, fill in with our own universal experience. Utterly brilliant.
Julie Asregadoo , April 10, 2013
I absolutely loved this book. Heller's writing is lyrical, and shows the heart of a poet. I got this book from the library, but when it comes out in paperback, I'll be buying a copy for sure. High praise considering the small amount of space on my bookshelves.
Series info:
Vintage Contemporaries
Peter Heller
Literature-A to Z
Popular Fiction - Adventure
New, Trade Paperback, $16.00
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VOLUME 163, ISSUE 7 July 2015
The Constraint of Legal Doctrine
As the dominant approach to legal analysis in the United States today, Legal Realism is firmly ensconced in the way scholars discuss and debate legal issues and problems. The phrase “we are all realists now” is treated as cliché precisely because it is in some ways taken to state an obvious reality about the mindset of American legal scholars. While Legal Realism came to represent a variety of different views, all of these views embodied a common theme, namely, the belief that legal doctrine is “more malleable, less determinate, and less causal of judicial outcomes” than is traditionally presumed. Judges in this view are taken to decide cases based on what they consider “fair” under the circumstances, “rather than on the basis of the applicable rules of law.” Judicial reasoning, the Realists argued, was rarely ever the “constrained product of legal doctrine and legal materials alone.” A hallmark of Legal Realism was therefore pervasive “skepticism” about the constraining effect of legal doctrine on judicial opinions and scholarly critiques of judge‐made law. The constraint of legal doctrine was thus believed to be mythical.
In a variety of substantive areas, judicial opinions continue to speak the language of legal doctrine, and legal doctrine remains the “currency” of legal analysis. Judges—at least on the face of things—appear as constrained or unconstrained by legal doctrine today as they appeared to be prior to the influence of Legal Realism. Consider a pair of copyright cases as an example. In 1908, the Supreme Court decided White‐Smith Music Publishing Co. v. Apollo Co., and held that a manufacturer of perforated piano rolls did not commit copyright infringement, since the rolls were not “copies” for the purposes of copyright law. In arriving at its conclusion, the Court looked to prior nonbinding case law, legislative intent, its own construction of the statute, and the common understanding of the term “copy.” The only express suggestion of constraint in the Court's opinion is its observation—in dicta—that if the prior case law had been of a “binding character” it would have “preclud[ed] further consideration of the question.” Now, contrast this with a case decided by the Court in 2014, American Broadcasting Co. v. Aereo, Inc. The question before the Court was whether a service that re‐transmitted free broadcasting content to subscribers over the Internet had committed copyright infringement by engaging in a “public performance” for the purposes of copyright law. In answering the question in the affirmative, the Court justified its conclusion entirely by reference to the legislative history of the statute's definitions of “public” and “perform” and its own reconstruction of Congress's regulatory intent underlying the statute.
The similarity in style and reasoning in the two opinions is stark and real. Both speak the language of formal legal doctrine, both make reference to precedent (when available), both defer to Congressional “intent” and purpose, and both rely as best as possible on the text of the statute. One was crafted in a pre‐Realist era and the other well after the dominance of Legal Realism. Their puzzling parallelism highlights the central questions that this Symposium set out to answer: Does legal doctrine in fact continue to “constrain” judicial reasoning, even after almost every participant in the legal system today has come into contact with the central premise of Legal Realism (i.e., the supposed myth of doctrinal constraint)? Are there ways of reconciling courts' post‐Realist use of legal doctrine with the core insights of Legal Realism? How uniform—across the law—is this apparent continuity in the use of legal doctrine?
Instead of seeking to answer these questions in the abstract as philosophical inquiries, the Symposium instead chose to have leading legal scholars, each from a different substantive area of law, reflect on the role of legal doctrine in their respective areas of expertise. Our hope was that having scholars reflect on this issue by reference to their own fields of expertise would address the question of “doctrinal constraint” in the American legal system organically and trans‐substantively. The areas chosen were drawn from both federal and state law, statutory and common law, and represented areas traditionally characterized as public law and private law. Some scholars chose to reflect on the question by looking at their field as a whole, while others reflected on the issue through specific cases, rules, or problems unique to their particular field.
Doctrinal Categories, Legal Realism, and the Rule of Law
Hanoch Dagan
The claim in vogue is that Legal Realism stands for “the insignificance of doctrine” and its conceptualization as a “mere appearance[].” In particular, commentators associate Realism with a “nominalist impulse” that minimizes the significance of doctrinal categories. Against this conventional wisdom stands the resilience of doctrinal analysis in general and, in particular, the continued role of doctrinal categories in legal practice and discourse, which is puzzling given the substantial impact of Realism on legal education. This puzzle is the focus of our Symposium.
Realists argue that the availability of multiple potentially applicable doctrinal sources renders pure Doctrinalism impossible. Unlike many of its caricatures, true Legal Realism does not challenge the perceived stability of the doctrine or its categories at a given time and place. This stability, which rests on the convergence of lawyers' background understandings at a given time and place, is valuable for realists; it is crucial for complying with the rule of law by providing effective guidance to its addressees and constraining officials' ability to exercise unconstrained power.
This is why Realists find the law's use of categories, concepts, and rules not only unavoidable but also desirable, and, thus, why they reject nominalism. For Realists, doctrine is and should be part of the law. But because doctrine qua doctrine is indeterminate, Legal Realists insist that some legal actors—notably, legislators and appellate court judges—should occasionally use social developments and new cases as triggers for rethinking the doctrine's conventional understanding. That is, they should be used as opportunities to revisit a doctrine's normative viability and reexamine its categories' adequacy. This task of critical reflection is even more important for legal scholarship, a point I will address briefly in my concluding remarks.
Given this understanding of the law, it should not be surprising that Realists are not puzzled by the continued significance of doctrinal categories in legal discourse. Legal Realism definitively rejects the orthodox idea that doctrinal categories refine some eternal descriptive truths that transcend context and that doctrinal taxonomy aspires to produce a map of mutually exclusive categories. Rather, Realists insist that the main roles of doctrinal categories are to consolidate people's expectations and to express law's ideals with respect to distinct types of human interaction. Therefore, Realists reconstruct doctrinal taxonomy so as to incorporate their insights on the inherent dynamism of law and the important function of contextual normative analysis in the evolution of doctrinal categories. Recasting doctrinal categorization in these terms recognizes the dynamic dimension of the taxonomic enterprise. It also implies that doctrinal taxonomy should be sensitive to context and emphasizes the importance of relatively narrow doctrinal categories. Finally, a realist doctrinal taxonomy recognizes and accommodates substantial, although never overwhelming, overlaps among the various categories.
Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law
Shyamkrishna Balganesh & Gideon Parchomovsky
As used today, the term “equity” connotes a variety of related, but nonetheless distinct, ideas. In most contexts, equity refers to the body of rules and doctrines that emerged in parallel with the common law, and which merged with the common law by the late nineteenth century. At a purely conceptual level, some trace the term back to Aristotle's notion of epieikeia, or the process of infusing the law with sufficient flexibility to avoid injustice. Lastly, at a largely practical level, a few treat equity as synonymous with a set of remedies that courts can authorize, all of which are characterized by being “extraordinary” and “discretionary” in form and substance.
While equity is often understood as either a repository of substantive rules and doctrines, or, more generally, as a parallel court system that developed in seventeenth and eighteenth century England with its own set of procedural rules and uniquely discretionary remedies, this understanding is incomplete in one important respect. Equity also represents a distinctive approach to legal reasoning within a primarily statute‐centric area of law, involving an increased role for courts in the lawmaking process and a ready recourse to a set of ethical principles that are presumed to be normatively superior to the strict letter of the law. In the traditional common law this use of equity came to be known as the process of “equitable interpretation” or as determining the “equity of the statute.” Used in this conception, it authorized courts to extend or restrict the otherwise clear words of a statute to give effect to the statute's “ratio or purpose.”
In this Article, we argue that equity, understood in this sense, is deeply influential in the construction and operationalization of copyright doctrine. While copyright law is obviously statutory in origin, the influence of equity on its working is best seen in relation to the role that the federal courts—primarily the U.S. Supreme Court—have had on its shape and direction. In a variety of doctrinal areas, the Supreme Court's copyright jurisprudence reveals a distinct pattern of curbing behavior that, while in strict compliance with the letter of the law, is inconsistent with the values and purposes of the copyright system. The Supreme Court's efforts to align the text of the statute's directives with its perceived goals thus partakes of what the common law characterized as the process of giving effect to the equity of the statute. While premised on the notion of gap filling, the process was routinely directed at curtailing opportunistic behavior on the part of litigants who sought to take advantage of the statute's literal terms, while violating the unstated normative goals of the legislation. A careful examination of Supreme Court decisions on core copyright issues over the last few decades reveals the profound role that the equity of the statute has had on the content of copyright doctrine. In addition, it sheds light on the real and all too often overlooked role that courts play in the creation and construction of both copyright doctrine and the copyright system's underlying goals and values.
Realism and Revolution in Conflict of Laws: In With a Bang and Out With a Whimper
Celia Wasserstein Fassberg
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly referred to as a “revolution.” Quite apart from its revolutionary content, this scholarship is extraordinary in three principal ways. First, it is extraordinary for its volume, its prominence and the eminence of many of those producing it. Following Joseph Story's pioneering work in the nineteenth century and well into the middle of the twentieth century, some of the best and brightest legal minds in some of the leading American law schools were devoting their not inconsiderable energies to this field, publishing in the best of the American law journals and spawning a vast literature—Joseph Beale and Erwin Griswold, Wesley Hohfeld, Ernest Lorenzen and Walter Wheeler Cook, Hessel Yntema, David Cavers, Albert Ehrenzweig and Brainerd Currie. Second, this scholarship is extraordinary for its fiercely intellectual and visceral nature. The literature reveals not only unusual analytical and comparative thoroughness but also unusual competitive relentlessness and interpersonal rhetorical argumentativeness. The third extraordinary feature—with which this Symposium is concerned—is the striking impact this scholarship had on judicial practice in the United States and the equally striking absence of almost any impact on scholarship or judicial practice outside the United States.
Nine Takes on Indeterminacy, With Special Emphasis on the Criminal Law
Leo Katz
The claim that legal disputes have no determinate answer is an old one. The worry is one that assails every first‐year law student at some point. Having learned to argue both sides of every case, the feeling seems inevitable.
But to assess the “skeptical thesis,” which is what I will hereafter call this claim, in its strongest version, we will do well to look at a particularly vigorous presentation of it, which, in the case of criminal law, is to be found in Mark Kelman's justly famous Interpretive Constructs in the Criminal Law. What caught people's imagination about Kelman's article were, I think, two features: on the one hand, there was the sheer virtuosity with which Kelman presented each side of a series of cases making up the standard criminal law curriculum; but, secondly, and probably more importantly, there were the patterns he was able to discern in the arguments being made—the recurrent themes, tropes, moves, and perspectives being employed by each side. These two aspects of the article imbued Kelman's presentation of the skeptical thesis with particular zest. The skillful presentation of each side of the argument in cases that he did not especially select for the purpose, along with the suggestion that such arguments could be cooked up, almost as by recipe, using the themes, tropes, moves, and perspectives he identified, made the conclusion that legal doctrine really does not settle any dispute, or at least any dispute of consequence, almost irresistible. Something else, most likely the whims of the judges, must be the real determinants of the outcome.
Is Kelman arguing that only hard cases are indeterminate? No, he suggests that even easy cases, looked at closely, turn out to be indeterminate. What does he make of the solutions courts purport to offer in these cases? They are make‐believe. The cases could easily have come out differently, but the courts deceive themselves about that by semiconsciously or even unconsciously deleting the possible conceptual moves that would have allowed them to reach an alternative outcome. “One real conclusion,” from his article, he suggests, “one possible bottom line, is that I've constructed a very elaborate, schematized, and conceptual piece of winking dismissal: ‘Here's what they say, this is how far they have gotten. You know what? There's not much to it.’”
In what follows, I am going to consider the skeptical thesis from a variety of perspectives, some of which undercut it, others of which do the reverse.
Legal Realism and Legal Doctrine
The American Legal Realists did not reject doctrine, because they did not reject the idea that judges decide cases in accordance with normative standards of some kind: “doctrine,” after all, is just a normative standard about what should be done, and not necessarily one formulated and made explicit by a statute, a court, or a treatise. A judge who decides cases based on the norm “this breach of contract is efficient” still decides based on a normative standard, even if it is not one that the law necessarily endorses. But the non‐legal normative standards of yesterday can become the legally binding norms of tomorrow. What the Legal Realists taught us is that too often the doctrine that courts invoke is not really the normative standard upon which they really rely, and it was central to Legal Realism to reform the law to make the actual doctrine cited by courts and treatise writers correspond to the actual normative standards upon which judges rely. Doctrine remains so important today, as many of the contributions to this Symposium show, precisely because the realist law reform movement was successful in so many arenas.
All of these points were driven home to me almost twenty years ago when I was teaching at the University of Texas and had the opportunity to talk at some length with my colleague, the late great Professor Charles Alan Wright, then the President of the American Law Institute (ALI) and the senior author of perhaps the most important and influential treatise in American law of the past half‐century, Federal Practice and Procedure. Wright seemed a quintessential “doctrinalist,” perhaps the greatest and most influential of his generation, and yet he was also an unabashed Legal Realist. Understanding that apparently puzzling combination of attributes is essential to understanding the real essence of American Legal Realism.
Family Law's Doctrines
Melissa Murray
The father of the American law school, Christopher Columbus Langdell, famously conceptualized the law as akin to science. On this account, legal doctrine was a series of scientific truths that judges systematically revealed over time. Decades later, the Legal Realists took issue with Langdell's rigid conception of legal development. In their view, law was not simply a set of formal doctrines that was applied neutrally. Instead, the Legal Realists argued that real world concerns—including politics—informed the application and evolution of legal doctrine. Judges thus were not scientists, faithfully applying doctrine in an evenhanded way, but rather keen political actors who could—and did—manipulate doctrine to achieve desired outcomes.
Today, almost 150 years after Langdell elevated legal doctrine to the status of scientific truth, this Symposium questions whether doctrine survives in the present day, or if it has been completely subordinated to the exigencies of contemporary situations, as the Legal Realists claimed. I approach these questions from the domain of family law, where the circumstances that animate case law are often deeply idiosyncratic and particularized. As Leo Tolstoy observed (in a nonlegal context), “Happy families are all alike; every unhappy family is unhappy in its own way.”
Despite the idiosyncratic nature of families and family life, most family law scholars and practitioners would agree that there is a robust body of family law doctrine, as evidenced by the work of federal and state courts and the many efforts to codify various family law principles into statutes. While this growing body of state and federal law plays an important role in the adjudication and resolution of familial disputes, it is not the only source of family law doctrine.
In this Article, I offer a more nuanced view of the field and the role of doctrine in it. Although there is a robust body of family law doctrine, including judge‐made case law, various state family law codes, federal statutory law, and federal constitutional law, as well as the model codes that often inspire law reform, the legal rules that these forms enshrine often assume and privilege a particular family model—marriage and the biological family produced in marriage. When families depart from the marital and biological model on which these doctrines rest, the assurances and predictability of legal doctrine evaporate. In these circumstances, the question of doctrine—of legal truths—becomes deeply contested as courts confront scenarios that require them to grapple with the fraught question of how to apply doctrine in light of real world concerns and the particular circumstances of litigants' lives.
Corporate Law Doctrine and the Legacy of American Legal Realism
Edward B. Rock
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.
Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately be resolved in more or less the same way in each system. This is unsurprising in a field such as corporate law, where market and institutional pressures demand practical solutions to practical problems.
On the other hand, the differences in style are inescapable. While Delaware corporate law judges openly identify gaps and resolve them by reference to policy, U.K. judges employ a traditional historical/doctrinal approach, working through precedent and, in doing so, developing principles to resolve the case at bar. These differences in style, it seems to me, are a legacy of the impact of American Legal Realism on legal education in the United States, in contrast to the more traditional approach dominant in the United Kingdom. Explicit policy analysis is far more acceptable and natural in the Delaware approach than in the United Kingdom, and this difference in legal culture has effects on how lawyers present cases.
The Persistence of System in Property Law
Henry E. Smith
According to conventional wisdom, property has disintegrated. Property law has undergone many changes since the heyday of Legal Realism, and many of these changes were both inspired by Realism and went under the banner of the Realists' “bundle‐of‐rights” conception of property. However, many of the features of property law most denigrated by the Legal Realists and their successors have proved surprisingly resilient. These “doctrinal” features include the notion of property as a thing, the importance of possessory rights, and the greater degree of formalism in property than in contract law. In this Article, I argue that there is a common cause to the Realists' criticism of these features and their endurance in the face of that criticism: all of these features of property are manifestations of property law's basic architecture as a system. Because of the inherent complexity of relations—especially those that are less personalized—in private law, a system for providing a first cut at managing these relations presents problems of information costs that are unique to property. These costs, usually left out of realist analysis, are hard to ignore entirely and push property law to treat private interactions in a more modular fashion than the realist bundle‐of‐rights picture would lead one to expect. Moreover, the underappreciated flexibility and robustness of a modular architecture allows property law to absorb—at some cost—a great deal of change without alteration of its basic nature. I apply this analysis to Realist and post‐Realist approaches to asset definition, trespass and nuisance, and the standardization of property forms. The greatest engine for change from Legal Realism in certain areas of property may be simple ignorance of the complexities of earlier law.
The New Doctrinalism: Implications for Evidence Theory
Alex Stein
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three principles explain and justify all admissibility and sufficiency requirements of the law of evidence. The case‐specificity principle requires that factfinders base their decisions on the relative plausibility of the stories describing the parties' entitlement–accountability relationship. The cost‐minimization principle demands that factfinders minimize the cost of errors and the cost of avoiding errors as a total sum. The equal‐best principle mandates that factfinders afford every person the maximal feasible protection against risk of error while equalizing that protection across the board.
This Article connects these principles to the irreducibly second‐personal structure of legal doctrine (that tracks Stephen Darwall's celebrated account of morally justified claims). Under this structure, the plaintiff's (or the prosecutor's) authority to extract compensation from (or impose punishment on) the defendant critically depends on the trustworthiness of the individual infringement allegations that make the defendant accountable to the plaintiff (or the prosecutor). Evidentiary rules fit into this second‐personal framework only when they promote case specificity, cost minimization, or equal best. Reform proposals that favor different rules are fatally disconnected from that framework and are therefore ill‐conceived.
Based on this observation, I criticize three powerful accounts of evidence law that rely, respectively, on economics, probability theory, and morality. These accounts include Louis Kaplow's theory of the burden of proof, Daniel Kahneman and Amos Tversky's claim that factfinders' deviations from mathematical probability are irrational, and Ronald Dworkin's distinction between accidentally and deliberately imposed risks of error. These accounts break away from our second‐personal system of entitlements and liabilities; by doing so, they create a methodologically impermissible disconnect between rules of evidence and substantive laws.
Intuitive Formalism in Contract
Tess Wilkinson-Ryan
This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and even peculiar doctrinal features, and concludes that these features dominate the lay understanding of contract law. Contracts of adhesion constitute the bulk of consumer experience with contract law. It is not hard to see that someone discerning the nature of contract law from a sample composed almost entirely of boilerplate terms and conditions would come quickly to the conclusion that contract law is highly formal.
Within the realm of potentially enforceable deals (i.e., those that are supported by consideration and not illegal or unconscionable), modern contract doctrine upholds agreements when the parties have objectively manifested assent. This is the contract law of the first‐year Contracts course, and it is, more or less, why contracts existed in the cases Hadley v. Baxendale, Hawkins v. McGee, and Embry v. Hargadine, McKittrick Dry Goods Co. These three canonical cases each involve oral manifestations of assent: respectively, the contracts are based on the carrier's promise that the crankshaft would be delivered by noon the next day; the doctor's promise of a one‐hundred percent good hand; and the employer's response to his anxious employee, “You're alright. Go get your men out.” For everyone who knows the doctrine of assent, these are relatively easy cases for finding contracts, because the evidence suggests that the parties, in fact, communicated to each other their agreement. However, these cases might startle a large percentage of the nonattorney population, for the simple reason that they are oral and not written contracts.
What accounts for this misperception of contract law? Americans are not contract naïfs. On the contrary, most people enter into numerous legally binding agreements every year, if not every month or week. These are the agreements we make with Amazon, PayPal, Comcast, Apple, AT&T, and Visa, to name a few—in other words, these are the contracts we enter into regularly as consumers. Consumer contracts share key features: they are formal, assent is memorialized (either by signature or by clicking “I agree”), parties neither negotiate nor read their terms, and they are almost universally enforceable and, when litigated, enforced. This is the contract law that individuals encounter every day.
As such, perhaps we should not be surprised that this is what most people think that contract law is. Emerging evidence indicates that most people think contracting means signing the paperwork and that contract law is about the form of consent rather than the content to which parties are consenting. This “intuitive formalism” deserves our empirical and normative attention because it has real implications for how consumers behave in their deals and how they interact with their legal system.
Reasonableness In and Out of Negligence Law
The law's use of the terms “reasonable” and “unreasonable” are legion and notorious. Indeed, the law's seemingly carefree attitude in throwing around these terms has often served Legal Realists and their descendants well in their effort to depict legal language as simply a shell through which actors exercise the widest sort of discretion to select their favored outcomes or policies. Conversely, ambitious agendas from philosophers and economists have often found that “reasonableness” provides a readily available anchor in the positive law for their normative theories. Work by moral and political philosophers devoted to analyzing “the reasonable” and work by economists, decision theorists, and game theorists on rationality understandably turn the law's use of “reasonableness” into a magnet for legal theory. In these respects, “reasonableness” might be seen as the third “r” of legal theory. Like “rights” and “responsibility,” “reasonableness” is beloved by legal theorists and equally beloved by the skeptics who spend their time skewering those theorists.
However tempting it is to join one side or the other in these jurisprudential wars, it is useful to step back and do some legwork on the place of the reasonable within the law, and more specifically, on the variety of places that “reasonable” and its cognates are found in the law. Hohfeld and many since him have found what I might call “varietal analysis” useful in exploring the concept of rights, as did Hart within the concept of responsibility. If exploration of the varieties of reasonableness in the law were to provide even a fraction of the illumination generated by their work on the other two “r”s, the enterprise will have been worthwhile.
There is, of course, an irony in my suggested sequence of research. The word “reasonable” is a paradigmatic example of a standard in the law, and its meaning is, if nothing else, vague. And—as intimated above—that is why it is so tempting to reach to legal, philosophical, and economic theories to flesh out some content for “the reasonable” when content is needed. It thus seems odd—backwards, even—to turn to legal doctrine to try to illuminate reasonableness.
My reasons for looking at doctrine relate to a suspicion that legal scholars with a theoretical proclivity have too quickly conflated three quite different attributes of the language of reasonableness in the law: the attribute of vagueness, the attribute of meaninglessness, and the attribute of ambiguity. For a term or a phrase to fall short of clarity because of vagueness is quite different from having no meaning at all, and both are different from having multiple meanings—being ambiguous. A failure to distinguish among these features of meaning can distort our view of the relevant domain of law. Indeed, the failure to recognize the multiple ambiguity of “reasonableness” can lead to a distorted view of its vagueness and unclarity in the law.
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Media/Data
Shia LaBeouf Seeking "Long-Term" Treatment
The Trouble Actor Steps Away From Work Amid Troubling Claims
by MPeriod
Shia LaBeouf's lawyer says the actor "needs help" and that they are pursuing "long-term inpatient treatment" for him, as he faces a sexual misconduct lawsuit filed by his ex-girlfriend FKA twigs.
In her filing, the 32-year-old British-born musician accuses the 34-year-old actor, her co-star in his autobiographical film Honey Boy, of sexual battery, assault and infliction of emotional distress and also alleges that he knowingly gave her a sexually transmitted disease. LaBeouf has not been charged with a crime. In the lawsuit, another one of LaBeouf's exes, a stylist, accuses him of similar behavior.
"Shia needs help and he knows that," LaBeouf's attorney, Shawn Holley, told E! News in a statement on Friday, Christmas Day. "We are actively seeking the kind of meaningful, intensive, long-term inpatient treatment that he desperately needs."
FKA twigs filed her lawsuit on Dec. 11 and she and the other accuser also spoke about their experiences with LaBeouf with the New York Times. The Transformers actor told the newspaper at the time that while "many of these allegations are not true," he has "no excuses for my alcoholism or aggression, only rationalizations." He said he is a "a sober member of a 12-step program" and in therapy, and was not yet "cured" of PTSD and alcoholism.
Topic: Entertainment
Tags: Shia LaBeouf Drugs alcahol abuse crime
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