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Judge candidate profile: Craig R. Cooper
If elected 51st Circuit Court Judge Craig Cooper would be replacing his father, Richard Cooper, who has served on the bench since 1979. The 31-year-old resides in Irons and has served as Lake County prosecuting attorney since 2012 and served as assistant prosecutor there since 2011.
He is the third generation of his family to serve as Lake County prosecutor, which included his father and his grandfather, Dic Cooper.
Prior to that he worked as a private attorney with the law firm of Gockerman, Wilson, Saylor & Hesslin, P.C., Western Land Services, Inc., and Plante & Moran, PLLC. He has a broad range of legal experience, ranging from criminal, family, estate, civil, and business law.
Cooper was born and raised in Hamlin Township and graduated from Ludington High School in 2002. He attended the University of Michigan where he obtained his Bachelor of business administration degree with an emphasis in business law and accounting. He obtained his law degree from Michigan State University College of Law where he graduated Magna Cum Laude. While at MSU College of Law, he served on the Law Review as managing editor and worked for the Michigan Court of Appeals and the Michigan Tax Tribunal.
Cooper is an Eagle Scout from Troop 1190 based out of the Community Church in Ludington where he is also a church member. He currently serves on the board of directors of the President Ford Field Service Council and is president of the Baldwin Rotary Club. Cooper is an avid outdoorsman, skier and enjoys playing the alto sax with the Scottville Clown Band, as does his father.
MCP: What do you believe to be the root causes for the high numbers of repeat offenders?
CC: You see a lot of the repeat offenders in criminal sexual conduct cases. Some of the abuse can go unreported for years. It’s hard on the victim and sometimes that abuse can go down to the next generation. The perpetrator is often a person who was abused when they were younger and that carries on to the next generation. Often in these cases the perpetrator doesn’t acknowledge that they did anything wrong.
I think a lot of it boils down to is as a court system the court can hold those people accountable for their actions.
MCP: Do you believe the composition of juries adequately and fairly reflects society at large? Why or why not? If not, what can we do to change this?
CC: I think it does. Basically the juries pool is drawn from the driver’s license records at Michigan Secretary of State. I think the juries here within the 51st Circuit tend to be very invested in the case. That’s what it takes to be a good juror. A jury is supposed to be a cross selection of society and I think it is.
MCP: Do you have a plan regarding improving court procedures and efficiency?
CC: When the case gets to court, that’s usually because the parties haven’t been able to resolve their issues, especially in civil cases. The judge does have control over the scheduling order to set the time line for the cases.
MCP: What do you perceive as the greatest obstacles to justice, if any?
CC: It’s a combination of factors. Proof beyond a reasonable doubt is the highest standard in law. Juries always do a good job of recognizing that the prosecutor has to prove the case beyond a reasonable doubt.
I see obstacles in domestic assault cases. It can be strenuous for a victim to go through the court system. It takes a lot of strength and courage for them to do that. Resources are always an issue.
MCP: Do you believe there is such a thing as a “victimless crime?” If so, what offenses would you place in this category?
CC: When the term victimless crime is used, a lot of time it’s in the drug context. I don’t really think that’s really true when you are dealing with your more severe drug type cases that have an overall affect on society. It trickles down and can affect neighborhoods.
MCP: As a prospective judge, what do you consider your greatest strengths?
CC: I always treat everybody with respect no matter who the person is. If they do a crime they need to be held accountable for those actions and face the proper consequences. As a judge I can set that standard for the court as far as what those consequences are going to be. That becomes a standard and people can learn.
In civil cases there can be a lot of emotions involved. One ability I have is I have the ability to diffuse the situation. I would let each party present their side of the case.
MCP: Describe your most difficult case.
CC: During a cocaine case, I had a witness who was going to be a witness to the cocaine transaction and she was a former girlfriend to the defendant. I thought we had her cooperation and she did cooperate in the pre-trial proceedings. But at the trial she decided to recant and she said that she didn’t see anything happen. She was the direct witness. We were able to win the case because luckily we had police officers who were also observers to the transaction.
MCP: What are the pros and cons of going to the bench as compared to practicing law?
CC: Being a judge you have to have a sense of serving the public. I like representing the public. I have been doing it as a prosecutor. My dad has been representing the public and I have learned a lot from him and the respect he has for the residents of the circuit. I know the judge doesn’t take joy in resolving conflicts.
Some of the negative aspects is you have to have a thick skin to be a judge.
MCP: What is your general judicial philosophy?
CC: My judicial philosophy when it comes to criminal case is the judge is the last person to hold somebody accountable for their crimes and that’s what I intend to do. There’s going to be proper consequences for the actions a defendant makes. In civil cases, I have a good general background for civil cases where I know there’s both sides that need to be addressed, especially when looking at a divorce — especially when children are involved.
MCP: Why should voters support you rather than your opponents?
CC: There’s a lot of different factors that go into play for being a good judge. I’m loyal to the areas. There’s no other area I respect more than the 51st Circuit. I was born and raised in the Ludington area and always had a fondness for that aspect. I’m going to serve this area and if I’m elected the residents will be proud that they elected me. I’m at the point also where I have been practicing law long enough and I’m old enough where I do have the beginnings of wisdom. That’s obviously an important trait to have in a judge. Also I’m young enough where I am going to serve the residents long term. I will be loyal to the area.
MCP: Why do you want the job?
CC: There are a lot of serious cases out there, civil and criminal. I have a good sense in being able to decipher the facts.
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Federal judge stops recount.
#Recount.
LANSING — The Michigan Presidential Election recount has been halted by the same federal judge who previously decided that a recount was allowable. U.S. District Judge Mark Goldsmith issued his written opinion late Wednesday, several hours after hearing arguments about whether a recount in Michigan is warranted or not.
The Michigan Republican Party and Michigan Attorney General’s office argued it was not, stressing a state appellate court had already decided the issue, and that Goldsmith should respect that 3-0 decision and halt the recount, which started Monday under an order from Goldsmith. The Michigan Court of Appeals ruled that Green Party candidate Jill Stein has no standing to seek a recount because she has no chance of winning. She came in fourth place, with 1% of the vote.
“In a huge victory for Michigan taxpayers and the rule of law, this recount is stopped,” Attorney General Bill Schuette said in a statement Wednesday. “Our State of Michigan judicial system and the State Board of Canvassers protected Michigan taxpayers from a frivolous recount that would have cost millions of more tax dollars a day.”
The recount for Mason and Oceana counties was scheduled to take place Friday at Ludington City Hall.
“This is a victory for the taxpayers and voters of Michigan who can be assured that their vote will count when the state’s electors meet on December 19,” said Michigan Republican Party Chairman Ronna Romney McDaniel. “The courts have affirmed the stance the campaign has maintained from day one: Jill Stein, who received only 1.07% of the vote in Michigan, is not legally entitled to hijack the will of voters and drag them into an arduous and expensive publicity stunt. Jill Stein’s 1% temper tantrum cost Michigan taxpayers millions of dollars and would have cost them additional millions of dollars if not for the actions of President-Elect Trump, the Michigan Republican Party, and Attorney General Bill Schuette.”
Attorneys for Stein argued the recount must continue, stressing that the recount thus far has shown numerous voting problems across the state, particularly in Detroit, where more than half of the precincts’ ballots cannot be recounted due to problems that have not been disclosed. They also argued that Stein is an aggrieved party if she participated in an election that was plagued with mistakes or fraud. And the voters of Michigan have a right to know that, too, they said.
“There is no way of knowing whether fraud occurred without conducting the recount,” Stein’s attorney, Hayley Horowitz, told Goldsmith during the hearing, arguing it is “way to early” to know if fraud was an issue.
After the hearing, Stein told the Detroit Free Press that so far, the recount appears to be exposing problems with Michigan’s election process, particularly in low income, minority communities.
“It is revealing some really troubling aspects of how elections are run here,” Horowitz said of the recount. “We think that’s part of the reason the recount should continue — to continue revealing those problems so that the people of Michigan can see how their election operates.”
Recount opponents argue that that’s not what Michigan’s recount law was intended for. Rather, it was meant to help an aggrieved candidate change the outcome of an election, not to see if there is a problem, they argue.
“Her entire purpose is to audit the Michigan system,” John Bursh, of the Michigan Attorney General’s office, said of Stein in court. He urged the judge numerous times to halt the recount and not stick Michigan taxpayers with a potentially $5 million recount tab for a candidate who has no chance of winning.
“Don’t become the first federal court in the country to order a recount … for a candidate who lost by 2 million votes,” Bursh said.
Attorney Gary Gordon, who represents the Michigan Republican Party, also urged Goldsmith to stop the recount.
“This candidate is not aggrieved in any sense of the word,” Gordon said of Stein, stressing: “It’s very unlikely that 2 million mistakes have been made.”
The controversial issue, however, is far from over as an appeal will follow.
WZZM-TV 13 contributed to this story.
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Home Community Sansei Journal Sansei Monogatari
Sansei Monogatari
David Yamaguchi
Shopping for her grandchildren. photo by Gwen Shigihara
By David Yamaguchi
Sometimes, when interviewing someone for this column, it becomes obvious that there is someone else in the room that is just as interesting as the person I went to interview. In those cases, I make a mental note that I must follow up with the second person at a later date.
That was my experience when interviewing Kenichi “Ken” Sato for the 2016 Father’s Day issue. For near him sat his wife, Sarah, who turned 92 in 2017.
On meeting Mrs. Sato, two things strike the visitor. One is that she is outspoken, not a quiet listener like many Seattle Nisei women who are her age-peers.
“We were the majority in Hawaii,” she explains. On a later visit, she would show me her McKinley High School, Honolulu, album.
Besides her outspokenness, a second impression that strikes the visitor is that Mrs. Sato—“Call me Sarah,” she says—is a master knitter and sewer. She always has some amazing craft project on her lap. It is natural to wonder how and where she acquired these skills.
There was a lady who taught her and others at the Tule Lake internment camp, she answers simply.
A daughter chimes in:
“It was like Ken Mochizuki’s book, ‘Baseball Saved Us.’ For young women, instead of sports, however, it was crafts.”
This is stunning to a visitor. For as I would learn across later visits, Sarah’s life story lies far outside the typical Japanese-American narrative. It is a potboiler of a story, the stuff of eleven-part Japanese TV dramas. It is a monogatari.
“Aren’t you a Sansei from Hawaii?” I asked. (Immigration to Hawaii from Japan occurred a generation before that to the US mainland.) What were you doing at Tule Lake? What did your father do for a living? Did he do a lot of Japanese-community volunteer work (which would make him an influential “community leader” in the eyes of the FBI)?
“No, he didn’t have time for that,” Sarah says, for her father had been a crew chief for a small group of Japanese stevedores at the docks. He supervised them loading and unloading ships 12-15 hours a day. Owing to his job, he didn’t have time for Japanese community volunteer work.
In addition to knowing the harbor and docks, her Kibei-Nisei father had one additional strike against him in the eyes of the U.S. government. When he had lived in Japan, he had been drafted and so had served in the Japanese army.
In the broader context of JA internment, it makes some sense that Sarah’s father was among those detained, at first in Hawaii at the Sand Island internment camp. Many Americans felt that Hawaii JAs must have been involved in espionage leading up to the Pearl Harbor attack. There was intense political pressure to “do something.” But why did this involve Sarah, his then 17 year-old daughter?
Well, her father had refused to sign the guardianship papers that would allow her to complete her last year at McKinley with her classmates by staying with an aunt. Her father had wanted to keep the family together. If he was on the list destined for mainland internment, they would all go together. If his wife and children were to stay behind, they would have a hard time making ends meet. There were four children to feed (Sarah was the eldest; the youngest was eleven.)
Sarah’s main point—which she feels she didn’t emphasize enough in her Densho interview—is that the experiences of interned Hawaii JAs differed markedly from those on the U.S. West Coast in one key respect. Here, everyone went to the camps. By contrast, in Hawaii, only 1200-1800 did.
The consequence was overnight prejudice within the JA island community. People stopped associating with those interned—some even with their own relatives—out of fear of being added to the list of those slated for internment.
Tears still well in Sarah’s eyes when she remembers those days. It really hurt. Overnight, she lost all her friends except for two classmates with whom she had been friends since junior high.
Sarah Okada (Sato) as a high school senior in her 1942 annual, at center.
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Next articleFuture Army Museum to Feature Nisei Vets
David Yamaguchi is a third-generation Japanese American [Sansei]. He has written for the Post since 2006, at first as a volunteer, later as a paid freelancer. He joined the paper's staff in May 2020, when he began learning how articles flow from Word files through layout to social media.
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County Managers
Rajan Saha, Ph.D., P.E.
County Manager | Cook County, IL
Dr. Rajan Saha is a civil engineer working in Chicago, Illinois, He moved to the USA in 2009 to pursue Ph.D. at Louisiana Tech University and graduated in 2013. He is the highly motivated person and like and encourage to do teamwork, and like to make new friends and cooperate among other and likes to contribute to the society and help poor peoples.
Dr. Saha is also a cricket enthusiastic and used to play cricket during the graduate school in Bangladesh. He also participated in cricket matches during his stay in Milwaukee, played Milwaukee Premier League (MPL) for WIBangla Tigers. He always watches international cricket matches and enjoyed the spirit of the teams.
" To me, it doesn’t matter how good you are. Sport is all about playing and competing.
Whatever you do in cricket and in sport, enjoy it, be positive and try to win." - Ian Botham
USA Cricket
USYCA
Size, Buying Guide
Shipping Rates & Methods
Track Order & Delivery
Photo used under Creative Commons from Aleksandr Zykov
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Marie Antoinette (1938)
Today, I'm reviewing the 1938 biopic of French Queen Marie Antoinette, starring Norma Shearer.
This article is part of The Royalty on Film Blogathon hosted by The Flapper Dame.
Eighteenth century French Queen Marie Antoinette is still a pop culture icon for her over-the-top fashions and her tumultuous life story. MGM's lavish 1938 biopic, which was one of the most expensive films of the 1930's, gives a sympathetic and surprisingly accurate portrait of the life of this fashion queen turned revolutionary martyr.
Marie Antoinette begins when the 14-year-old Austrian archduchess (Norma Shearer) is informed that she will marry the heir to the throne of France (Robert Morley). Marie Antoinette is excited by the news, but once she arrives at Versailles, she finds that her Prince Charming is actually a shy, awkward man who prefers fixing clocks to spending time with his new wife. Despite her passion for a handsome Swedish nobleman (Tyrone Power), she and Louis come to love and respect each other until the revolutionary fervor of the common people threaten to tear their family apart.
Marie Antoinette is based on a 1932 biography of the French queen by Stefan Zweig. Biopics of royal ladies like Greta Garbo's Queen Christina (1933) and Marlene Dietrich's The Scarlet Empress (1934) were in vogue at the time, and at first it was speculated that Marion Davies might take the role (powerful newspaper magnate William Randolph Hearst, who was in a romantic relationship with Davies, was keen for her to play the part), but that changed when producer Irving Thalberg took over the project.
Thalberg planned a lavish production filmed on location in Europe that would be a showcase for the talents of Shearer, who was one of MGM's top stars and Thalberg's wife. After Thalberg's untimely death in 1936, that version of the movie was scrapped. Instead, Shearer and the rest of the cast and crew dedicated themselves to making a movie in Hollywood that would be a tribute to Thalberg's genius.
Norma Shearer in one of her lavish, Adrian-designed costumes for Marie Antoinette (1938).
Costume designer Adrian and art director Cedric Gibbons did travel to Europe where they pored over paintings and books and toured several palaces so they could accurately recreate life in the Ancien Regime. Gibbons shipped antique French furniture back to Hollywood, and Adrian came back loaded down with antique fabrics, authentic French lace, and jewels that he used to create dozens of lavish costumes, including a replica of Marie Antoinette's wedding gown that weighed a whopping 108 pounds.
The result was a budget-busting spectacle that cost the studio around $3 million, according to some estimates, but the sheer spectacle of it all and the popularity of newly minted matinee idol Power meant that the movie did do well at the box office. Today, Marie Antoinette is still a wonderful film that is both a tribute to the grandeur that was old Hollywood, and a fairly engrossing drama about the life of a woman who was the victim of forces beyond her control.
While there is certainly a lot of soapy melodrama, especially in the love scenes between Shearer and Power, Marie Antoinette portrays the French queen's life with surprising accuracy, although the events depicted are somewhat simplified.
Shearer always counted Marie Antoinette as her favorite screen role, and she gives a fine performance that increases in emotional power as the movie progresses. In fact, Zweig's biography, which was meticulously researched, was one of the first books to rehabilitate Marie Antoinette's image. She was vilified during her lifetime as a vapid fashion plate who partied the night away while the French peasants starved, but Zweig presented the French queen as a woman of great character and courage, especially during the searing events of the French Revolution. Shearer does an excellent job of portraying these qualities in Marie Antionette, especially in the movie's final moments.
Marie Antoinette is available on DVD and video on demand.
1938 blogathons Marie Antoinette Norma Shearer royalty on film
Flapper Dame 16 June 3, 2016 at 9:09 PM
Hey- Its Emily Thanks for writing! Ahhh what is a historical adaptation without a soapy aspect added for drama! Classic Hollywood's famous for that- less on history more on story telling! LOVE LOVE you added the Robert Osborne video- I miss him on my TV screen! I'm gonna have to catch this the next time its on TCM! Thanks so much! X-Emily!
Amanda Garrett June 4, 2016 at 10:35 AM
I miss Robert Osborne too. I learned so much about classic movies from him.
Lê June 4, 2016 at 6:09 PM
This film was so good! It was watching Marie Antoinette that I fell in love with Tyrone Power. And I liked Norma Shearer, too, she was very good in it. It's an A+ biopic!
Don't forget to read my contribution to the blogathon! :)
http://www.criticaretro.blogspot.com
It's one of my favorite films of the 1930's
tim dahlberg October 5, 2017 at 2:51 AM
Watching it now I'm Norma Shearer was truly luminous and amazing in this role convincing as the child Marie Antoinette and as the weary broken woman facing her death on the guillotine. A spectacular production on every level costumes sets music Direction and acting from a stellar cast
Jaina June 6, 2016 at 3:32 AM
What a terrific post for a film that's like a bittersweet slice of birthday cake. I have mixed feelings about the historical Marie Antoinette, but its hard not to like Norma Shearer in this. (Did that dress really weigh over a hundred pounds? No wonder six footmen carry the train for her!)
I don't know whether it really weighed 100 pounds (God bless Norma if it did) or it was the MGM publicity department getting carried away.
Very nice post. Have you noticed that her image makes a cameo appearance in Carol Reed's "The Third Man"? As the scene dissolves from Anna removing her 18th century costume in her dressing room to Harry's apartment, Anna dissolves into Felix Lecomte's bust of a 27 year old Marie Antoinette. Later as Anna walks through Harry's bedroom, we see the bust again gazing through the doorway straight at the head of Harry's bed. So why would Director Reed or perhaps Set Designer Vincent Korda suggest such intimate connections between Anna and Harry with Marie Antoinette? I think I know, but I will watch Norma Shearer's portrayal to be sure.
Thanks for pointing that out. I've watched The Third Man dozens of times, but I never noticed that moment.
If you want a new experience, focus on the props, the costumes, and the sets the next time you watch "The Third Man". They really add a fun third dimension to the film. For instance when Anna offers Holly some whisky instead of tea, the distinctive label tells us she holds a full fifth of Johnny Walker Red Label (Winston Churchill's favorite Scotch) which was almost impossible to acquire in the UK or anywhere else in Europe, except at highly inflated Black Market prices. So why would she readily offer a drink to Holly, and significantly diminish its value by opening it, when she really wanted to sell it? Was it simple good manners or a loss leader?
There are lots of tidbits throughout the film, including the appearance of the word "schmuck" above Holly in the Prater Wheel scene, but they are often so subliminal you will need to hit the pause button to catch them. The fun is trying to figure out how Vincent Korda's set design is meant to advance the story.
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Lon Chaney: A Life in Film
Today, I'm writing about the great actor Lon Chaney, one of the most talented and original minds to ever appear in old Hollywood films.
This article is part of The 2017 Summer Under the Stars Blogathon hosted by Journeys in Classic Film. Aug. 3 is Chaney's SUTS day.
"He was someone who acted out our psyches. He got into the shadows inside our bodies; he was able to nail down our secret fears and put them onscreen," writer Ray Bradbury on Lon Chaney.
More than 80 years after his death, Lon Chaney is still one of the most singular stars ever to come out of the old Hollywood studio system. In real life, he was a rather ordinary and self-effacing man -- he often said, "between pictures there is no Lon Chaney" -- but, through the power of film and his own extraordinary talent, he was able to transform himself into a gallery of monsters, misfits, and con men, who, despite their sometimes grotesque appearances, were able to convey the deepest of human emotions. Chaney is still well-remembered today for playing the title role in The Phantom of the Opera (1925), but he deserves to be honored for an entire body of work that is still as rich and vivid today as it must have been to movie audiences in the 1920s.
Chaney was born Leonidas Chaney on April 1, 1883, in Colorado Springs, Colo., to Frank and Emma Kennedy Chaney. Both Chaney's parents were deaf, so Chaney learned to communicate through sign language, pantomime, and facial expressions, a skill that would later serve him so well in silent cinema. Chaney and his brother John, broke into show business in 1901 by touring the U.S. with the play The Little Tycoon, which was written by Chaney. After The Little Tycoon's run ended, Chaney continued touring with vaudeville and theater companies where he met a pretty singer named Cleva Creighton, whom he married in 1905. The pair had a troubled marriage and eventually divorced in 1913, but the union did produce their son Creighton, who later had a successful movie career of his own as Lon Chaney, Jr. Chaney married his second wife, Hazel, in 1915, and they had a happy marriage until his death.
Chaney moved to Southern California in 1910 where he worked steadily on stage until a scandal involving a suicide attempt by Cleva (she went to a Los Angeles theater where Chaney was working and swallowed poison) effectively ended his career in the legitimate theater. Chaney then turned to the nascent film industry where his startling ability to transform himself into almost any type of character quickly earned him a contract with Universal Pictures. Chaney played anything and everything at Universal from a Russian count to a "wild man," but he quickly grew tired of the studio grind and the low salary, and he left Universal in 1917 to pursue a freelance career.
At first, Chaney struggled, but he became a huge star thanks to his extraordinary performance as a con man who is "healed" by a fake minister in The Miracle Man (1919). Only about three minutes of that film survive (clip below), but what's left shows Chaney's remarkable ability to manipulate his body. Chaney's next big hit was the crime drama The Penalty (1919, airing at 6 a.m. Aug. 3 on TCM) about an amputee gangster who is determined to revenge himself upon the doctor (Charles Clary), who cut off his legs. In an extremely painful procedure, Chaney strapped up his lower legs and walked on his knees during the filming, but the movie's real impact comes in his vicious portrayal of the gangster, who is even more ruthless than the amoral antiheroes in early talkie movies like The Public Enemy (1931), Little Caesar (1930), and Scarface: The Shame of the Nation (1932).
It was during this time period that Chaney acquired the famous moniker, "The Man of a Thousand Faces," and his newly minted A-list status led to his greatest period of creativity on film. Chaney headlined Universal's lavish costume dramas The Hunchback of Notre Dame (1923, not showing on TCM) and The Phantom of the Opera (at 8 p.m. Aug. 3 on TCM) and he starred in the first film for the newly created MGM studio, He Who Gets Slapped (1924, at 6 p.m. Aug. 3 on TCM). On the surface, the roles of Quasimodo, The Phantom, and an abused clown couldn't be more different, but, in fact, they represent important elements of Chaney's screen style. The roles all require heavy, sometimes painful makeup, but, more importantly, they all present deeply human portraits of those who are outcasts. More than any other actor before or since, Chaney chose to play characters who were marginalized by society, and, through the power of his art, forces audiences to identify with those they otherwise may have shunned.
During his time at MGM, Chaney collaborated many times with director Tod Browning, whose taste for the macabre and outre perfectly suited the actor's style. Their two best surviving films are The Unholy Three (1925, at 4:45 p.m. Aug. 3 on TCM) in which Chaney actually has some very funny moments as a master criminal impersonating a harmless old lady, and The Unknown (1927, at 2 p.m. Aug. 3 on TCM), a heaping helping of Grand Guignol that features Chaney as an armless circus freak who has an unrequited passion for a very young Joan Crawford. However, the duo's best known film is the now lost London After Midnight (1927), which features Chaney in a Dr. Jekyll/Mr. Hyde type role as a Scotland Yard detective who adopts bizarre disguises.
Lon Chaney in London After Midnight (1927).
During his later career, Chaney sometimes moved away from the horror roles that made his name to more character-driven parts such as the tough-as-nails drill instructor he plays in Tell It to the Marines (1926, at 11:15 p.m. Aug. 3 on TCM). In fact, Chaney was playing a character role in the railroad drama Thunder (1929; this is a lost film) when the harsh location shooting in Wisconsin caused the actor to catch a cold that turned into walking pneumonia (Chaney also was in the early stages of throat cancer). Chaney died on Aug. 26, 1930, six weeks after the release of his only sound film, a remake of The Unholy Three (1930; at 4:15 a.m., Aug. 3 on TCM).
Go here for a complete schedule for Chaney's SUTS lineup. The video below is a documentary that has a lot of great clips of Chaney's movies and a look at some of his costumes and his famous makeup box. There are five, 15-minute videos; for some reason the first part is missing.
a life in film blogathons lifefilm Lon Chaney Summer Under the Stars summerstars TCM
Brittaney August 8, 2017 at 12:37 PM
I've watched so few of Chaney's films, and really need to see more of his work. I always find that background information on the actor inspires me to watch their films, so thanks for a great review of Lon Chaney!
Richard Kirkham August 20, 2017 at 12:40 PM
A Nice retrospective. Thanks for participating in the bloggathon.
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Home / Unlabelled / 9apps: The Global Platform to download Vidmate
9apps: The Global Platform to download Vidmate
Internal January 20, 2020
Today’s world is completely dependent on technology. A person cannot survive without the applications and games on his mobile phone which he/she is using daily. Thus, here the usefulness of 9 apps is highlighted. One of the frequently downloaded video applications from the 9app store is Vidmate.
What are 9 apps?
9apps is a worldwide famous android application distribution platform. It is actually a global third-party of android apps and game store in which android phone users can prevent overseas login in order to download 9 apps mobile apps and also games.
What are some characteristics of the application 9 apps?
The main function of 9 apps is to provide easy access to checked and secured applications and games. It makes a lot more convenient for the users who are using applications daily and also the people who earn by their applications. 9 apps support Android apps client which allows the user to access all the client related functions. It can also run the mobile web which helps the user to surf over the internet. After success in the android version, 9 apps are now also available in the pc version.
It also has a great function in downloading. It helps in fast downloading of the apps and games and allows pause and auto-resume downloading. In the new updates, 9 apps included CPD (Continuing Professional Development) Model; by which the user can maximize his acquisition at a very low cost. It provides a great number of apps all in one place with great graphics which help the user to choose the application easily which he needs.
What are the uses of 9 apps?
9apps is an application that provides tools online in order to download all files and media relating to office, entertainment, education, work, design, games, mobile application, etc. It is a new platform that is ready for giving all latest and new with most trending features in application only which are available on 9apps.
What is the growth in the application 9 app from the day it was started?
By 2016 9 apps had more than 250 million users who were active and over 25 million daily apps download. It has started in one language and has now grown to 7 languages. In the current Google I/O developer conference 2019, Google had chosen the 9 apps to honor that the application has won Google Play Awards. They were winners as they span nine categories, which included three new awards like Best Living Room Experience, Most Inventive and Most Beautiful Game.
Are 9 apps safe to use?
Yes, 9 apps are 100% safe to use. It is verified and checked by Google and that is why it is available on the Google play store. There are millions of people using it currently so there is no chance of any theft.
Thus, this short article highlights the flexibility of 9apps and the way it makes the tasks of installing applications and games easier on an android mobile phone. It provides the user with a good interface.
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Rambo: Last Blood (Movie Review)
The 80s were ripe with several genre-defining movies, but as far as B-grade action movies were concerned, First Blood was easily one of the most memorable. Released in 1982, the film introduced moviegoers to the character of John Rambo, a veteran from the Vietnam War struggling with PTSD who is forced to put his wartime skills to use when he is caught in a fight for survival against the police in a small town. The film was so successful that it spawned an entire franchise. Rambo: Last Blood is the fifth and potentially final installment in the series.
In Rambo: Last Blood, John Rambo (Sylvester Stallone) has since left his days of bloodshed behind, and taken up residence in an old family horse ranch he'd inherited from his late father. He lives there with an old friend called Maria (Adriana Barraza), who helps him care for the aging property. They also care for Maria's granddaughter, Gabrielle (Yvette Monreal), whose mother had died while she was very young. With the help of her friend, Jezel (Fenessa Pineda), Gabrielle is able to track down her estranged father, Miguel (Marco de la O), who now lives in Mexico.
Gabrielle expresses her desire to visit and reconnect with her father, a desire that both John and Maria warn her against. She proceeds to do so anyway, but while in Mexico, she is abducted by members of a Mexican cartel, who run a sex trafficking ring that is led by the two Martinez brothers, Hugo (Sergio Peris-Menchata) and Victor (Óscar Jaenada). John learns about her disappearance and goes to Mexico to find her. Except what he finds there instead is enough to make him become unhinged once again, and he finds himself in the middle of a full-on war with the Mexican cartel.
There is very little to love about Rambo: Last Blood, from its cookie-cutter, revenge-driven storyline, to its over reliance on excessive, gratuitous amounts of blood and gore. The fact that the whole film takes a fair amount of time to kick into gear, despite its relatively short runtime, doesn't exactly help matters. You get the sense that somewhere between the jumbled mess of an uneven pacing and over-the-top violence the filmmakers were actually trying to make something thought provoking, which only serves to highlight the movie's shortcomings even more.
The best thing about Rambo: Last Blood was the montage of past films that plays over the end credits, a section that effectively charts the title character's journey from lonely Vietnam War veteran to full-blown, B-grade action hero. And that says a lot about the overall quality of a movie, when the best part is watching the end credits roll. Still, if you happen to like B-movies or like me, you grew up watching the series, then this latest (and as the title suggests, final) installment is worth checking out on the strength of its nostalgia alone.
Labels: Movie Review
Alex J. Cavanaugh 21 September 2019 at 15:17
Sounds like it definitely needs to be the last one. Unless he fights drug lords in a retirement home.
Michael Abayomi 21 September 2019 at 20:46
Lol. That would ironically still have made a better movie than the one we got this time around.
Albert 23 September 2019 at 10:48
Internet Marketing Training Is Your Worst Enemy. 10 Ways To Defeat It https://www.reviewengin.com/
The Time Is Running Out! Think About These 5 Ways To Change Your Online Marketing Tactic https://www.reviewengin.com/5-best-online-marketing-tactic-with-no-or-very-minimal-expenses-in-2019/
Parasite (Movie Review)
It Chapter Two (Movie Review)
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B.I.G. protege Lil' Kim sues Lil' Cease: Asking Desist on DVD release
NEW YORK (AP) -- Lil' Kim has filed a $6 million lawsuit against one of the two men who gave wounding testimony at her recent trial on perjury and conspiracy charges. Lil' Kim was sentenced to one year and one day in prison for lying to a federal grand jury about her involvement ...
Volleta Speaks, LAPD To Pay Attorneys, Hidden Records Were
Volleta Wallace, the mother of The Notorious B.I.G., recently lashed out at Los Angeles city lawyers for claiming that the family's wrongful death lawsuit was motivated by money. Volleta spoke out a day after a federal judge declared a mistrial because an LAPD detective hid records that indicated two crooked cops in The Notorious BIG killing.
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Video news footage of B.I.G. mistial added to the site
Got some time to upload the news clip of the B.I.G. mistrial alert. This clip was captured on July, 7th 2005from the WB11 morning news show. They confirmed that indeed the B.I.G. trial against the City of Los Angeles ...
Notorious B.I.G.s family to renew lawsuit (MSNBC)
LOS ANGELES - Relatives of slain rap star Notorious B.I.G. vowed Thursday to renew their wrongful death suit against the city of Los Angeles after a judge declared a mistrial in the case and accused police of concealing evidence.In her court order halting the trial, which began June 21, U.S. District Judge Florence-Marie ...
Notorious B.I.G. suit ends in mistrial; family expected to refile
LOS ANGELES -- A federal judge on Wednesday declared a mistrial in the Notorious B.I.G. wrongful-death case, setting the stage for the rap star's family to file a new suit seeking to link his unsolved 1997 killing to a Los Angeles Police Department corruption scandal.
U.S. District Judge Florence-Marie Cooper's ruling came after she expressed ...
Mistrial declared in Notorious B.I.G. wrongful death lawsuit (Cnn.com)
California (AP) -- A mistrial in the Notorious B.I.G. wrongful death case means the rap star's family won't get immediate answers about his slaying, but they can file a new lawsuit seeking to link his unsolved 1997 killing to a Los Angeles Police Department corruption scandal.
U.S. District Judge Florence-Marie Cooper declared a mistrial Wednesday after ...
Notorious B.I.G. Wrongful-Death Case Declared A Mistrial (Mtv.com)
The federal wrongful-death case of Christopher "Notorious B.I.G." Wallace abruptly halted Wednesday. After just three days of testimony, a federal judge in Los Angeles declared a mistrial, The Associated Press reports, following concern that police ...
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Filters: Author is Felt, E. P. [Clear All Filters]
Felt, E.P., 1915. 29th Report of the State Entomologist on Injurious and other Insects of the State of NY 1913, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
Felt, E.P., 1907. 22nd Report of the State Entomologist on Injurious and Other Insects of the state of NY, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
Felt, E.P., 1906. 21st report of the State Entomologist on Injurious and Other Insects of the State of New York 1905, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
Felt, E.P., 1904. 19th Report of the State Entomologist on Injurious and Other Insects of the State of New York 1903, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
Felt, E.P., 1903. 18th Report of the State Entomologist on Injurious and Other insects of NY 1902, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
Felt, E.P., 1898. 14th Report of the State Entomologist on Injurious and Other Insects of NY, New York State Museum Bulletin. The University of the State of New York, Albany, New York.
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D’Addario & Alhambra Present Classical Artists at Weill Recital Hall at Carnegie Hall
October 28, 2010: Performances by Philippe Bertaud, Cem Duroz, and Rafael Aguirre Minarro
D’Addario & Alhambra are proud to present this classical concert series featuring virtuosos Philippe Bertaud, Cem Duruöz, and 2010 Koblenz Guitar Festival winner, Rafael Aguirre Miñarro on Oct. 28, 2010 at Weill Recital Hall at Carnegie Hall.
Farmingdale, NY (PRWEB) September 29, 2010
WHAT: D’Addario & Alhambra are proud to honor existing and new endorsees with an approaching classical concert series featuring classical virtuosos including Philippe Bertaud and Cem Duruöz, along with the recent winner of the 2010 Koblenz Guitar Festival, Rafael Aguirre Miñarro. Continuously building artist recognition and offering opportunities for up-&-coming classical virtuosos to present high-level debut performances, the concerts are to take place at none other than Weill Recital Hall at Carnegie Hall in New York, NY.
WHERE: Weill Recital Hall at Carnegie Hall, New York, NY, 212-247-7800
WHEN: October 28, 2010 at 8:00 pm
Philippe Bertaud, a guitarist beyond the boundaries, has studied jazz, Brazilian music, as well as classical, is always continuing to search for new ways to achieve artistic regeneration. Versatile and expressive, Bertaud is revered as an outstanding performer, talented composer, and a recognized master teacher.
Cem Duruöz has performed in every major concert hall in Turkey. Since his United States debut, he has also performed in Japan, New York, Washington DC, Florida, Georgia and major cities throughout California. His interest in all musical periods is exemplified by his guitar transcriptions of compositions from the Baroque period, as well as performances of works from every musical genre.
Rafael Aguirre Miñarro holds 12 first prizes at international competitions, conquering the world’s most prestigious events and is the only guitarist to win the “Schmolz and Bickenbach competition” for all instruments. Miñarro has given recitals in renowned venues like the Tchaikovsky hall in Moscow, Palau de la Musica in Valencia, Teatro Manuel de Falla in Cadiz, the Tonhalle in Düsseldorf and the Cervantes Institute of Munich.
DETAILS: Tickets can be purchased at http://www.carnegiehall.org or by calling CarnegieCharge at 212-247-7800. Tickets range from $50.00 - $65.00, with discounts for seniors and students, and this special promo code for members of classical guitar societies and partner organization members: DAD10593. Visit http://www.daddariofoundation.org/concertseries for more information.
D’Addario: Angela Magliocca, angela.magliocca (at) daddario (dot) com
Alhambra: Geoff Ferdon, gferdon (at) alhambrausa (dot) com
Angela Magliocca
D'Addario & Company, Inc.
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THE KIRKCALDY LINOLEUM COMPANY LIMITED
AT an Extraordinary General Meeting of The Kirkcaldy Linoleum Company Limited, duly convened and held at Kirkcaldy on the 2nd day of September 1899,the following Special Resolutions were duly passed, and at a subsequent Extraordinary General Meeting of the
said Company, also duly convened and held at the same place on the 18th day of September 1899, the following Resolutions were duly confirmed, viz.:-
(1) That it is desirable to effect an amalgamation of this Company with John Barry, Ostlere, & Company Limited and the Firm of Shepherd &, Beveridge, Floorcloth Manufacturers, Kirkcaldy.
(2) That this Company be wound up voluntarily, and
that James Shepherd, Esquire, Manufacturer, Kirkcaldy, Alexander Hutchison, Esquire, Provost of Kirkcaldy, Clare Henry Regnart, Esquire, Warehouseman, Tottenham Court Road, London, James Alexander Ness, Esquire, Merchant, London, John Ernest Shepherd, Esquire, Manufacturer, Kirkcaldy, and Charles Mitchell, Esquire, Manufacturer, Kirkcaldy, be and they are hereby appointed Liquidators for the purposes of such winding up, and that any
two of the said Liquidators may exercise every power which, by the Companies Act, 1862, and Acts amending and extending the same, is conferred upon Liquidators, but that none of the said Liquidators shall be entitled to any remuneration for their services as such.
(3) That the said Liquidators be and they are hereby authorised to consent to the registration of a new Company, to be called BARRY, OSTLERE, & SHEPHERD LIMITED, with a Memorandum and Articles of Association which have already been prepared with the privity and approval of the Directors of this Company, and a print of which is submitted to this Meeting, and identified by the Signature of John Kellock, the Secretary of this Company.
(4) That the Draft Agreement submitted to this Meeting, and expressed to be made between John Barry, Ostlere, & Company Limited, and its Liquidators, of the first part ; this Company, and its Liquidators, of the second part; the said Firm of Shepherd & Beveridge, and its Individual Partners, of the third part ; Barry, Ostlere, & Shepherd Limited (being the said new Company), of the fourth part: John Barry, Esquire, Manufacturer, Kirkcaldy, of’ the fifth part ; Edward Ostlere, Esquire, Manufacturer, Kirkcaldy, of the sixth part; and the said James Shepherd of the seventh part; and identified in like manner,
be and the same is hereby approved, and that the said Liquidators he and they are hereby authorised, pursuant to section 1.61 of the Companies Act, 1862, and to every other power thereunto them enabling, upon the new Company being incorporated, to enter into an Agreement in the terms of the said Draft, and to carry the same into effect, with such (if any) modifications as they think expedient.
JAS. SHEPHERD, Chairman.
Registered Office, Rosslyn Works, Kirkcaldy,
18th September 1899.
JOHN BARRY, OSTLERE, & COMPANY LIMITED.
At an Extraordinary General Meeting of John Barry, Ostlere, & Company Limited, duly convened and held at Kirkcaldy on the 2nd day ot’ September 1899, the following Special Resolutions were duly passed, and at a subsequent Extraordinary General Meeting of the
said Company, also duly convened and held at the same place on the 19th day of September 1899, the following Resolutions were duly confirmed, via. :
(1) That it is desirable to effect an amalgamation of this Company with the Kirkcaldy Linoleum Company Limited and the Firm of Shepherd 8: Beveridge, Floorcloth Manufacturers, Kirkcaldy.
(2) That this Company be wound up voluntarily, and that John Barry, Esquire, Manufacturer, Kirkcaldy, Edward Ostlere, Esquire, Manufacturer, Kirkcaldy, William Sutton, Esquire, Merchant in and presently one of the Aldermen of Newcastle-upon-Tyne, Hutchinson Tomlinson Peterkin, Esquire, Searborough, George Whyte, Esquire, Manufacturer, Kirkcaldy, and William Wright, Esquire, Manufacturer, Kirkcaldy, be and they are hereby appointed Liquidators for the purposes of such winding up, and that any two of the said Liquidators may exercise every power which, by the Companies Act, 1862, and Acts amending and extending the same, is conferred upon Liquidators, but that none of the said Liquidators shall be entitled to any remuneration for their services as such.
(3) That the said Liquidators be and they are hereby authorised to consent to the registration of a new Company, to be called BARRY, OSTLERE, & SHEPHERD LIMITED, with a Memorandum and Articles of Association which have already been prepared with the privity and approval of the Directors of this Company, and a print of which is submitted to this Meeting, and identified by the Signatures of the said John Barry and William Sutton.
(4) That the Draft Agreement submitted to this Meeting, and expressed to .be made between this Company, and its Liquidators, of the first part; the Kirkcaldy Linoleum Company Limited, and its Liquidators, of the second part; the said Firm of Shepherd & Beveridge, and its Individual Partners, of the third part; Barry, Ostlere, & Shepherd Limited (being the said new Company), of the fourth part; the said John Barry of the fifth part ; the said Edward Ostlere of the sixth part; and James Shepherd, Esquire, Manufacturer, Kirkcaldy, of the seventh part; and identified in like manner, be and the same is hereby approved, and that the said Liquidators be and they are hereby authorised, pursuant to section 161 of the. Companies Act, 1862, and to every other power thereunto them enabling, upon the new Company being incorporated, to enter into an Agreement in the terms of the said Draft, and to carry the same into effect, with such (if any) modifications as they think expedient.
John BARRY Chairman.
Registered Office, Forth Works, Kirkcaldy,
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Welcome to The Global Dispatches,
This month Cecilia Keating recounts her experiences working in the Elliniko refugee camp in Athens; Brad K. Blitz, Senior Fellow at the Global Migration Centre, Geneva explains that new data show that large swathes of the European public want their governments to show more solidarity with refugees, but instead the EU-Turkey deal has paved the way to mass detention; David Hayes celebrates Bob Dylan's 75th birthday; Stefano M. Torelli, Research Fellow at the Italian Institute for International Political Studies explains that Turkey is currently experiencing the paradox of being integrated into the western security and defense system, while not sharing some of the most basic western objectives and Jan Zielonka, Professor of European Politics at the University of Oxford explains that the consequences of the Brexit referendum are bad for both Europe and Britain, regardless of the result and much more...
Camping in Arrivals
By Cecilia Keating
Just outside of Athens, the old International Airport of Elliniko and the nearby 2004 Olympic stadiums are now home to thousands of refugees. Cecilia Keating spent two weeks working in the camp with the Dutch NGO Boat Refugee Foundation, entertaining the children and distributing meals to the mainly Afghan population.
Lost and Found Art in the City of São Paolo
By Irene Dogmatic
San Francisco artist Irene Dogmatic visits São Paulo's mainstream art galleries, which she found surprisingly short of visitors, in striking contrast to the city's vibrant street art scene.
“Pink Cloud”: Short Fiction from Iran
By Alireza Mahmoudi Iranmehr
Tehran based writer and literary critic, Alireza Mahmoudi Iranmehr, won the Bahram Sadeghi Internet Prize for his short story “Pink Cloud”, set during the Iran-Iraq war. This eight-year conflict cost the lives of an estimated one million young soldiers from the two nations.
Mawson’s Antarctic Newspaper
By Mark Samuels
From 1911-1914, Douglas Mawson was head of the Australasian Antarctic Expedition exploring the area around Commonwealth Bay in Adelie Land, one of the coldest and windiest places on earth. The “newspaper” he and his men produced – the Adelie Blizzard – proved crucial in propping up faltering morale during the long months at the Cape Denison base-camp as the group over-wintered for the second (unplanned) year.
Australian Aboriginal Art
By Mick Steele
Aboriginal art is part of a very ancient culture. It took the form of rock, body and sand painting and weapon and implement painting and engraving and it was steeped in ceremony related to the Dreaming.
Brexit referendum folly
By Jan Zielonka
Jan Zielonka, Professor of European Politics at the University of Oxford explains that the consequences of the Brexit referendum are bad for both Europe and Britain, regardless of the result.
Turkey and NATO as seen from Ankara
By Stefano M. Torelli
Turkey is currently experiencing the paradox of being integrated into the western security and defense system, while not sharing some of the most basic western objectives.
Bob Dylan: in and out of time
By David Hayes
The work of the great American musician, born 75 years ago, both expresses and transcends his own era. "Dylan's work, taken as a whole, is infused by deep time and the end times as well as his own, drenched in faith and fate as well as love and loss."
From refugees to prisoners
By Brad K. Blitz
Brad K. Blitz, Senior Fellow at the Global Migration Centre, Geneva explains that new data show that large swathes of the European public want their governments to show more solidarity with refugees, but instead the EU-Turkey deal has paved the way to mass detention.
About Us E: Contact Us
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Alphabet Index
Choose the first letter of the person's LAST NAME.
HomeHonoreesNNewton, Baker D. (894th, 805th & 804th)
Newton, Baker D. (894th, 805th & 804th)
Baker D. Newton
The following tribute was researched and written by Lowell Silverman. Lowell came across Cpt. Newton while doing research on his grandfather, Dr. Robert Silverman, who served at the 32nd Station Hospital.
Biography: Baker D. Newton was born on December 25, 1918 in Boydell, Arkansas. He was the twelfth child of Frederick and Mary Newton. During the next few years, the family moved to Louisiana and then Oklahoma, before finally settling in Ferriday, Louisiana.
Newton was an R.O.T.C. cadet while studying at Louisiana State University before the war. After finishing his undergraduate degree in 1940, he remained at L.S.U. for another year, obtaining his M.S. in Physical Education in 1941.
Service Time: According to his military records, 2nd Lieutenant Newton was commissioned as an 2nd lieutenant in the Infantry Branch on May 21, 1941. He went on active duty in the U.S. Army on August 25, 1941 and was assigned to the 94th Anti-Tank Battalion, which became the 894th Tank Destroyer Battalion shortly thereafter. By December 25, 1941, he was a platoon leader in Company “C” of the 894th Tank Destroyer Battalion; his name appeared in a program for a Christmas dinner the company held that day.
Curiously, on May 11, 1942, he was ordered to attend School for Bakers and Cooks at Fort Benning, and on May 23 he received a Certificate of Proficiency attesting to his fitness to serve as a mess officer. However, his records do not give any indication that he ever served in that capacity.
On June 4, 1942, Lieutenant Newton began attending Tank Destroyer School in Gatesville, Texas (near Camp Hood). A few weeks later, Newton came down with gastritis. After three days stuck in his quarters, he slipped out the night of June 17, 1942 to visit his brother in nearby Waco. Unfortunately, his conditioned worsened and he ended up hospitalized at the Station Hospital, Waco Army Flying School. Afterward, the 894th’s C.O., Major Allen H. Foreman wrote a letter to the Tank Destroyer School Commandant, Colonel H.T. Mayberry, apologizing for Newton’s “undisciplined act”. However, Newton was promoted to 1st lieutenant effective June 20, 1942 and graduated from Tank Destroyer School on June 30, so it appears his mistake didn’t impact his career!
Tank Destroyer School Certificate
Lieutenant Newton went overseas with the rest of the 894th Tank Destroyer Battalion on August 6, 1942. Although he had moved between various assignments within the battalion, on December 27, 1942 he returned to Company “C” as executive officer under Captain Noble H. Abney.
On left, Captain Newton can be seen doing one of his famous handstands in August 1944, southwest of Pisa. In a November 25, 1967, letter to Newton’s widow, one of the 894th’s officers, William C. Long, recalled: “He was always in good spirits and constantly amazed the rest of us by his perfect handstands. I know his junior officers and enlisted men all thought a great deal of Baker.”
The 894th arrived in Oran, Algeria in mid-January 1943 and traveled east to Tunisia. The unit’s baptism by fire occurred at the Battle of Kasserine Pass on February 20, 1943. In a September 12, 1943 letter to his family, Newton recalled his company’s first time in combat. A few miles from the front, Company “C” was leading the 894th when they began encountering demoralized American infantry heading the other way. Soon after, three enemy armored cars approached.
“Then all hell broke loose from our guns – – all firing too hastily. We hit one of them, the others escaped back into the pass. By this time we were taking somewhat of a shellacking from artillery and machine guns which had moved along the sides of the valley on our flank.”
Newton wrote that that Captain Abney ordered the company to retreat. During the withdrawal, the driver of Lieutenant Newton’s halftrack
“couldn’t hear me very well above the noise, so after I yelled, ‘Left,’ about a dozen times, with no results, Jerry helped out. He tossed an H.E. [high explosive] right in front of us. Said driver turned left so damn quickly then he almost threw me out.
In the photo above left, Company “C” vehicles are under artillery fire during the Battle of El Guettar in this view from 1st Lieutenant Newton’s halftrack; the caption he wrote indicated it was taken the same day he earned the Silver Star Medal. On right, Newton standing with his command halftrack, in North Africa, Colena.
Silver Star Certificate
On February 27, 1943, Captain Abney transferred out of the company and 1st Lieutenant Newton took command of Company “C.” Newton was later awarded the Silver Star Medal for his performance during the Battle of El Guettar in April 1943. The citation, dated June 21, 1943, documented several exploits. The citation stated that during an artillery bombardment, “he went from foxhole to foxhole distributing magazines and joking with his men”. Then “he established an observation post” under heavy fire, which resulted in the silencing of an “enemy artillery battery.” (This may be the same incident for which Technician 5th Grade Leon Bush was posthumously awarded the Silver Star.)
When one of the unit’s M-3 tank destroyers was hit, Lieutenant Newton helped lead the effort to extinguish the fire: “Small arms ammunition was exploding while he assisted in putting out the fire by shovelling [sic] sand.” (Lieutenant Joseph R. Uhler must also have assisted, since his own Silver Star citation documented the same event.)
In a June 29, 1943 letter, Newton told his mother that while he was enclosing a copy of the citation, “don’t believe all it says. I’m not foolish enough to distribute magazines during a barrage – only during the breaks.” A May 17, 1943 letter also gave his men the credit for putting out the fire despite the danger of flames impinging on the load of ammunition (as well as the fact that the enemy artillery might be zeroed in on “the beacon-like fire.”). “Do you wonder that I am proud of my boys?” he wrote.
Newton’s daughter recalled that her father had a sixth sense, one that evidentially served him well in combat. In the May 17, 1943 letter, Newton recalled a
“time my 1st Sgt. [Clabe Sherman] was digging a fox hole and was only about half thru. I was sitting in my vehicle and I felt that something was wrong. I yelled to him to get down in his hole. He looked at me as tho I were nuts. There was no apparent reason to fear anything, but he did lie down and, Boy, they laid it on thick with artillery just as he dropped down. My men think I’m psychic. I call it blind luck, but even I don’t know why I told him to get in his fox-hole.”
Newton was promoted to captain on May 3, 1943, shortly before the Tunisian campaign ended. The 894th Tank Destroyer Battalion led Allied forces into Bizerte on May 7, 1943. Together with the capture of Tunis the same day, Axis forces remaining in North Africa were forced to surrender.
It did not escape Newton that the 894th Tank Destroyer Battalion was not being utilized as Army planners originally intended; in both Tunisia and Italy, combat against enemy armor was more the exception than the rule. In his letter home on May 17, 1943, he grumbled:
“I’d like to be back at [Camp] Hood, so I could tell the brass hats what we need. They’re preparing us to fight one way. We are used by higher authorities in every other way. Can you imagine a T.D. Bn. being the first troops into Bizerte? S’truth. ‘I seen ’em when they done it!'”
On left, Company “C” officers in Italy circa January 1944. Standing left to right: 2nd Lieutenant Thomas G. Wright, Jr., 2nd Lieutenant Herbert M. Siercks, and 1st Lieutenant Joseph R. Uhler. Seated left to right: 2nd Lieutenant Wesley J. Schmidt and Captain Baker D. Newton. Photo from the Uhler Family Collection.
At the end of May 1943, the 894th Tank Destroyer Battalion arrived at the Fifth Army Tank Destroyer Training Center near Sebdou, Algeria. There, the unit began converting from M-3 to M-10 tank destroyers. In early November 1943, the unit arrived in Naples and performed military police duties prior to returning to combat in December near Monte Cassino (mostly in the capacity of self-propelled artillery).
On January 9, 1944, Company “C” was withdrawn in preparation for Operation Shingle. On January 25, 1944, Captain Newton and most of his company arrived at the Anzio beachhead. Company “C” spent much of the Anzio campaign supporting the British 1st Infantry Division.
Late on February 3, 1944, German forces launched an attack intended to destroy Allied forces occupying the Campoleone salient. On the morning of February 4, Captain Newton withdrew his company to new positions near the base of the salient at Carroceto (just west of the town of Aprilia, better known as “The Factory”).
According to the S-3 (Operations and Training Officer) Periodic Report written by Captain Paul A. Baldy (1918–2008) covering the afternoon of Feb 3 through the afternoon of Feb 4, 1944:
“The enemy counterattacked very strongly during the period. ‘B’ & ‘C’ Companies participated very actively in repulsing the attack. ‘C’ Company destroyed four (4) Mark VI [Tiger] tanks. These have been confirmed by the British. One towed AT gun was destroyed while its crew was attempting to get it into firing position. Two destroyers held off the German infantry with their 50 cal. for two hours. Many casualties were inflicted. We lost two M 10’s–destroyed and one captured in this action. Two enemy occupied houses were also fired into by ‘C’ Company.”
On left, Captain Newton (marked) directing his men at Anzio next to one of the unit’s dug in M-10 tank destroyers. Photo from the Uhler Family Collection.
During the day’s engagements, Company “C” sustained casualties of five men wounded (all from Sergeant Eugene K. Holsonback’s M-10, which was knocked out moments after destroying one of the Tigers) and seven missing. (Of those M.I.A., it was subsequently learned that 1st Lieutenant Wallace C. Forbush and Private First Class Horace S. Millsaps had in fact been killed in action; Private First Class Anthony R. Paluzzi was taken prisoner but was subsequently killed when Allied aircraft attacked a German train he was being transported aboard.)
In a February 5, 1944 article by Daniel De Luce of the Associated Press—printed in various versions nationwide the following day—Captain Newton was quoted at length about the actions of his men during the counterattack, which he described as “the roughest time we have had since Tunisia”. He added:
“‘Before yesterday we already were credited by the British with one Tiger, three Mark IV’s, six anti-tank guns and 80 prisoners. My men were stationed with infantry outposts and when the Germans started overrunning these we fought back with everything we had. Our destroyers wiped out so many machine-gun nests yesterday that they lost count.'”
Trenton Evening Times - February 28, 1944
In the article listed above, Captain Baker D. Newton is shown with one of his platoon leaders at Anzio, 1st Lieutenant John S. Jarvie (whose name is misspelled in the clipping). Jarvie was killed during the breakout from Anzio on May 29, 1944.
Captain Newton had a close call during the Anzio campaign that wasn’t directly related to enemy action. On February 13, 1944, he wrote his mother:
“I am still in good health and as yet unscathed, tho I can’t say unscented. I haven’t had a bath in so long, I feel like it’s natural—this ‘sun tan’ of mine, tho even it turned white when those three British soldiers opened up on me at about 30 yards with tommy guns. It was all a mistake, of course, my helmet made me look like a gerry and I was standing in the window of a house we had just captured a few minutes before these British soldiers came up. Believe me I now take my helmet off to all those lads.”
Captain Newton was transferred from Company “C” to Headquarters Company on March 31, 1944. Shortly thereafter, he was transferred to VI Corps Headquarters. After a brief stint there, sometime in April 1944 he was transferred to the 805th Tank Destroyer Battalion, where he took command of Company “A” effective July 15, 1944.
He narrowly escaped death again south of Bologna according to a letter he wrote his sister, Hazel, on December 29, 1944, thanking her for sending all the film she had sent him:
“They arrive faster than I can use them or have them developed. So once upon a time (censor won’t let me say when) I started to take a little trip up forward in my trusty little jeep. And I thought, Well here’s a chance to use up a few of those films & take a few good pictures, so I grab up my camera & set off. When we got up to where I could get a good picture I jumped out of the jeep, took a picture & climbed back in. We went on our way about a hundred yards and a ‘big one’ hit the road about fifty yards ahead of us, nearly blowing one side off a house near-by. I looked at my driver and he looked at me. Then I reached over & patted that camera very very fondly as we drove through the smoke & dust. It was the only time I had taken a camera along or had ever paused on that trip.”
The picture on left is of Monte Adone (Mount Adonis) that saved Captain Newton’s life in December 1944.
Captain Newton became the 805th Tank Destroyer Battalion S-2 (intelligence) on January 6, 1945 and also began pulling double duty as acting S-3 (operations officer) beginning on or around January 11, 1945. (Existing documentation isn't clear but he may have dropped the S-2 position but retained the S-3 position for a period of time early that year.)
He remarked in a letter to his family that the new position “increases my life expectancy more than somewhat.” Despite the new position, he was in several more engagements. Newton earned a Bronze Star Medal for his actions on April 23, 1945. According to the medal citation, he was visiting his old company, Company “A”, “which was a part of a task force driving towards the Po River.” The citation (which referred to him as a major, though he was a captain when the action occurred) stated:
“Throughout the afternoon, Major NEWTON was continuously at or near the head of the column. On many occasions he dismounted and searched out enemy troops from buildings and fields. At one point, near Magnacavell[o], the force ran into sudden determined resistance and the leading tank, loaded with infantry, was knocked out by bazooka fire. Under intense small arms fire and intermittent self-propelled artillery fire, Major NEWTON supervised the evacuation of the wounded men and simultaneously pointed out targets to an armored car which took up position to return the fire.”
Bronze Star Certificate
On May 18, 1945 he was promoted to major and became the 805th’s executive officer. Even though the war was winding down in the spring of 1945, an April 30, 1945 letter to his mother recorded two more close calls. Regarding the first, he wrote:
On left is Captain Newton (far left) in December 1944, with four enlisted members of the 805th Tank Destroyer Battalion (Hoffman, Stoner, Engleman, and Fuller). On right is Newton at Lake Garda, Italy, in May of 1945.
“I’m still in the best of health and spirits. Not a scratch as yet. Yesterday, however, a radio message stopped me and [805th C.O., Major Harry N.] Carruthers just 400 yds short of an ambush which got two jeeps that passed us up.”
The other incident apparently happened sometime before (though apparently close enough to the end of the war that German morale was low):
“Once- another guy (a Major) and I jumped out of our vehicles, ran into a farm yard & gathered up about six Krauts. When he stepped around a corner and I heard some shooting so I ran around behind him. He was firing into an orchard so with my pistol (which seemed woefully insufficient) I walked into the orchard with him and as we went along one German at a time would stand up in his fox hole and surrender. We got about five more like that — any one of whom could have cooled us both off if they had tried.
“It was then I thought — what the hell am I doing here!! I’m not a doughboy. This is for the infantry. Then I thought about you and had to laugh when I remembered the way you used to worry when I stayed out past midnite.”
After the war, Major Newton returned to Camp Hood with the 805th and was its final C.O. prior to the unit being inactivated on November 2, 1945. On November 14, 1945, he went on terminal leave and left active duty effective March 16, 1946. His discharge indicates that he was serving with the 804th Tank Destoryer Battalion at the time of his discharge. Major Newton remained in the reserves until April 1956.
Honorable Discharge
After the war, Newton owned and operated a tourist court (motel). He became a teacher at Ferriday High School in 1948, teaching English, journalism, and speech. On June 29, 1947, Newton married Sue Dale Aldrich (1925–1998) in Vidalia, Louisiana. The couple had one daughter. Baker D. Newton died on April 12, 1961, aged 42. Newton and Sue are shown in the photo on left.
Thank you to Lowell Silverman for his work and to the Baker D. Newton family for providing the photos except as otherwise noted.
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(→Trivia)
The worst ever score is no time crystals at all (the team won more than one game, but had a large number of lock-ins and forfeited one crystal for every person they had to get out). This was achieved by The Hauxwell Family during the revived series on the 15th April 2018. They were still allowed to enter the dome and Richard Ayoade blew two whistles simultaneously...unsurprisingly they scored no tokens at all. The second worst score is one crystal, this happened twice, once in Series 4 and once in Series 5 of the original series. The best ever score is ten crystals which, to our knowledge, was scored twice - one team got 128, while the other still didn't manage to get over 100! The latter event happened in series 1, so at least they got the minor prizes. In the 1992 christmas special, Richard claimed that the record was eleven crystals won, which could be true since the excess might have been used to buy back lock-ins.
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Bowling Tournament
Al "Flip" Rosen
1943
inducted 1971
Al Rosen played football at the University of Miami in 1943. Following service for his country in World War 2, Rosen returned to Miami to finish his B.B.A. degree in 1948, but never actually played baseball at Miami. He went on to Major League Baseball and won the 1953 American League's Most Valuable Player Award and led the Cleveland Indians to the World Series. Al was on base when Willie Mays made his miraculous catch on Vic Wertz' long fly ball to deep center in cavernous Memorial Stadium.
As an alumnus, Al was inducted into the UM Sports Hall of Fame in 1971 in our baseball category for bringing recognition to the university as UM's Greatest Professional Baseball player to that time.
He passed away on Friday, March 13, 2015 at the age of 91.
University of Miami Sports Hall of Fame
5821 San Amaro Drive
info@UMSportsHallofFame.com
The University of Miami Sports Hall of Fame contributes in many ways to the University and its athletic programs. It is through the support of Hurricane fans and alumni that we are able to make a difference. Please consider making a secure donation today!
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News: Temokin Development promotes a sense of community, takes to the public to decide on additional features
Temokin began life back in 1989 as a specialist contractor for high-quality pipe jacking and earthworks, playing a pivotal role in the construction of Malaysia’s first micro-tunnelling project two years later.
The firm has since evolved into a reputable turnkey civil engineering company and real estate developer. Arguably, Temokin’s most notable projects to date are the new National Palace (Istana Negara) in Kuala Lumpur and the multi-billion-ringgit Seremban Middle Ring Road.
The move into property development, however, was always a goal, but the firm held back until 2011 when Temokin Development was incorporated. Its maiden project, the freehold Mahligai in Nusa Damai, Pasir Gudang, Johor, sits on 11.5 acres with a gross development value of MYR100 million (USD24.2 million).
Named after Mahligai from the Sanskrit word for ‘mansion’ — the phrase also loosely translates as ‘heaven in Malay’ — it piqued the interest of the PropertyGuru Asia Property Awards (Malaysia) 2020 judging panel, which awarded the development a Highly Commended accolade in the Best High End Landed Development (Southern) category.
Divided into three phases, each targeting the local Johor market and first-time buyers, the first phase of Mahligai launched in 2018, comprising 53 two-storey terraced houses. Phase 2, unveiled last year, meanwhile, features a further 87 two-storey terraced houses.
Upon completion, the project will be home to three parks — two larger parks and a pocket park — for residents to enjoy. To create a sense of ownership of these green spaces, Temokin Development has embarked on a placemaking initiative called Kita Bersama.
One of its first engagement activities will be to gather opinions from future residents — buyers of Phase 1 as well as prospective buyers — of what they would like to see incorporated in the larger parks, after which a vote will be taken.
In addition to the promotion of community values, residents will also benefit from the property’s strategic location, which is accessible via the Pasir Gudang Highway and Senai-Desaru Expressway. Education centres in the vicinity include Sultan Ibrahim Premier Polytechnic Johor Bahru, Universiti Kuala Lumpur Malaysian Institute of Industrial Technology, UniWorld International School and The Japanese School of Johor.
Mydin, Tesco and Maslee Pasir Gudang Supermarket amongst others, meanwhile, will cater to residents’ grocery and household needs. KPJ Pasir Gudang Specialist Hospital, Penawar Hospital and Regency Specialist Hospital are also nearby.
Another upcoming landmark development in the central region is a joint-venture project with Tropicana Corp Bhd on a 2.28-acre freehold parcel located in Petaling Jaya. The to-be-confirmed project is expected to comprise high-rise residential towers.
Elsewhere, the developer currently has a land bank of 50 acres, spread across Malaysia’s central region. For the time being at least, it will continue to focus on catering to the central and southern regions of Malaysia, although plans are afoot to expand operations in the future.
For more information, email awards@propertyguru.com or visit the official website: AsiaPropertyAwards.com.
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Legal blog by WARDS LAWYERS PC.
Featuring "Hard Labour" by Jason Ward
Where you are:
MAR. 31 - UPDATE ON CERB - WHAT IT IS - WHO QUALIFIES - WHEN TO APPLY - TOP UPS - TAXABLE? - WHAT IF I GET EI? YOUR QUESTIONS ANSWERED
Post by: Jason Ward in Hard Labour - Employment
The Canada Emergency Response Benefit (the "CERB") is now available for residents of the City of Kawartha Lakes who qualify for this financial support.
Here is an update on the CERB, including about how it affects employees' entitlements to Employment Insurance ("EI") benefits.
WHAT IS CERB?
The CERB provides $2,000 a month for up to four months to individuals who have ceased working due to COVID-19. By contrast, EI benefits are 55% of normal weekly earnings, up to a maximum of $573 per week.
The CERB replaces the previously announced Emergency Care Benefit and the Emergency Support Benefit.
WHEN IS IT AVAILABLE?
The online portal to apply for CERB will be available in early April 2020. The Federal Government has committed to making CERB payments within 10 days of application.
The CERB is paid every four weeks and available from March 15, 2020 until October 3, 2020.
The CERB is available to individuals aged 15 or over who:
had income of at least $5,000 in 2019 or the 12 months preceding their application for the CERB;
cease working for reasons related to COVID-19; and
receive no income for at least 14 consecutive days within the four-week period for which the CERB is claimed, regardless of whether they are EI-eligible or not.
This includes residents in the City of Kawartha Lakes who are:
unemployed due to termination of employment;
sick;
quarantined;
taking care of someone who is sick with COVID-19;
working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures;
still employed, but are not receiving income because of disruptions to their work situation due to COVID-19; and
contract workers and self-employed individuals who would not otherwise be eligible for EI.
An employee who quits voluntarily is not eligible for the CERB.
DO I APPLY FOR CERB OR EI?
CERB is available to eligible individuals, whether they qualify for EI or not.
The Federal Government has indicated that:
individuals who are already receiving EI regular and sickness benefits would continue to receive their benefits and should not apply for the CERB;
individuals who have already applied for EI and whose application has not yet been processed would not need to re-apply. It is not clear whether this means that the EI applications already in the system will continue to be processed in the normal course or be automatically "converted" into CERB applications; and
individuals whose EI benefits cease before October 3, 2020 could apply for the CERB once their EI benefits cease, if they are unable to return to work due to COVID-19.
It is not clear whether the CERB will replace EI entirely during the period of March 15, 2020 to October 3, 2020, as the Federal Government's announcement seems to suggest that individuals can continue to apply for EI.
CAN I GET A TOP-UP FROM MY EMPLOYER, TOO?
No, at least not for now.
Individuals are eligible for the CERB if they do not receive income from employment or self-employment during the days on which they have ceased working. It remains to be seen if the Federal Government will introduce regulations that would allow individuals to receive top-up benefits from their employers without eliminating or reducing the CERB, similar to the Supplemental Unemployment Benefit Program for EI.
IS IT TAXABLE?
Yes, at least for now, but deductions will not be made at source.
Therefore, individuals will receive the entire $2,000 every four weeks.
More details for CERB are being rolled out, including how to apply.
Bonny Mak, Fasken, published Mar. 30, 2020
I'M ORDERED TO CLOSE THE BUSINESS, OR HAVE TO DUE TO LACK OF WORK - DO I LAY OFF THE EMPLOYEES? DO I PLACE THEM ON EMERGENCY LEAVE OF ABSENCE? HOW DO I CHOOSE? HOW DO I DO THE ROE?
FIRST QUESTION - ARE YOU “ESSENTIAL”?
Review the list of essential workplaces here:
https://www.ontario.ca/page/list-essential-workplaces?_ga=2.260478349.1694204923.1585063245-661911018.1585063245
Make sure you are certain whether your business may continue in operation lawfully, or shut down by the Ontario government’s emergency order.
If you are not an “essential workplace”, per the list, you may have to determine whether your employees will be laid off, or placed on a Declared Emergency Leave (a “DEL”), per the recent changes to Ontario’s Employment Standards Act, 2000 (the “ESA”) (primarily the new job-protected, unpaid leave of absence available to employees who cannot work due or, or arising from, COVID-19.
You can find more information from us about the DELs here: http://wardlegal.ca/31582887996624 and here: http://wardlegal.ca/31582887996626
Remember, teleworking and online commerce are permitted at all times for all businesses.
WHAT IF YOU ARE “ESSENTIAL”, BUT NEED TO TEMPORARILY CLOSE DUE TO THE VIRUS?
You may need to consider temporary suspension of your business operations because of: (1) lack of work; or (2) the perception publicly, or otherwise, that you are not an essential business and are required to close, except for the ability to continue by teleworking or by remote operations.
This is important, because if your business is an “essential workplace”, but you stop operations anyway, it may impact whether you should lay off your employees, or place them on a DEL, legally.
CAN I USE ‘WORK-SHARING’ TO AVOID LAY OFFS?
The federal work-sharing program is a potentially viable alternative to lay offs, if you qualify.
You can find more information from us on avoiding lay offs by using work-sharing here: http://wardlegal.ca/31582887996646
DO I LAY OFF EMPLOYEES OR PLACE THEM ON A DECLARED EMERGENCY LEAVE UNDER THE ESA?
If your business is not an “essential workplace” and, therefore, is required to cease operations due to the emergency order by the Ontario government, your employees are very likely eligible to be placed on a job-protected, unpaid DEL under the ESA and, as a result, they will also very likely be eligible to obtain employment insurance benefits (“EI”) or, alternatively, the new CERB, from the federal government. However, since a DEL is a statutory leave of absence permitted by the ESA, if your employees have extended health benefits, they should be continued during the DEL.
You can find more information from us about EI benefits and the CERB here: http://wardlegal.ca/31585663827847
However, if your business is not required to close by order, but you will be stopping your operations for other legitimate reasons, such as lack of work and demand, etc., this may still be temporary lay-off under the ESA and, therefore, your staff are eligible to apply for benefits under the EI Act.
EI benefits may offer your employees a greater financial benefit than the CERB, or vice versa.
Also, if you lay off employees, you have a statutory duty to call them back in thirteen weeks, unless the pandemic continues at that time and subject to any emergency orders in effect at that time.
Therefore, whether to lay off or place employees on DEL depends on:
[1] whether you are an “essential workplace”;
[2] whether you are closing by order, or voluntarily and, if the latter, whether you have legitimate business reasons to do so; and
[3] which route would increase the financial benefit to your employees during this pandemic; and
[4] if you have choice, whether you are comfortable, from a business perspective, with the potential obligation to call back your employees within a specified period of time, per the ESA, subject to the uncertain, future events for this pandemic.
HOW DO I COMPLETE RECORDS OF EMPLOYMENT (ROEs)?
Here is how:
A – For layoff (i.e., lack of work)
D – For illness or injury (i.e., illness or quarantine due to COVID-19)
N – For leave (i.e., DEL in Ontario)
You can find more information about ROEs here: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html
Service Canada has indicated that:
“If your employees are directly affected by the coronavirus (COVID-19) and they are no longer working, you must issue a Record of Employment (ROE). When the employee is sick or quarantined, use code D (Illness or injury) as the reason for separation (block 16). Do not add comments. When the employee is no longer working due to a shortage of work because the business has closed or decreased operations due to coronavirus (COVID-19), use code A (Shortage of work). Do not add comments. When the employee refuses to come to work but is not sick or quarantined, use code E (Quit) or code N (Leave of absence), as appropriate. Avoid adding comments unless absolutely necessary.”
You should not use code E (i.e., the employee quit) without seeking legal advice before doing so, even if the employee refuses to go to or attend work, rightly or wrongly.
MAR. 31 - UPDATE ON THE NEW FEDERAL WAGE SUBSIDY - 75% FOR EACH EMPLOYEE - IT'S A CREDIT, NOT A DIRECT PAYMENT - WHAT YOU NEED TO KNOW
As of March 30, 2020, businesses and organizations in the City of Kawartha Lakes who suffer a loss of not less than thirty per cent of revenue related to, or arising from, COVID-19, are now eligible for a wage subsidy of up to seventy-five per cent of each employee’s wages.
This program is called the “Canada Emergency Wage Subsidy” (the “Program”).
According to the federal Government’s announcements for the Program:
[1] it will provide a subsidy of up to seventy-five per cent of an employee’s wages (up from ten per cent, previously announced);
[2] it will apply to and extend to charities, non-profit organizations and both “large and small” businesses (before this, the only business corporations eligible were Canadian-controlled, private corporations that qualify for the small business deduction);
[3] it will benefit employers that have experienced a revenue decrease of at least thirty per cent due to, or arising from, COVID-19;
[4] apply to the first $58,700 earned per employee, being equivalent to up to $847 per week per employee (there is no longer any cap at the lesser of $1,375 per employee and $25,000 per employer); and
[5] be retroactive to March 15, 2020.
It is anticipated that the wage subsidiary will be available to businesses and organization by allowing an eligible employer to reduce the amount the employer would otherwise have to remit to the Canada Revenue Agency for payroll withholdings. In other words, it is an indirect wage subsidy, rather than a direct payment from the federal Government, at least for now.
Legislation will also have to be enacted by the federal Government to solidify the Program, which hopefully will be tabled and passed promptly. It will need to be retroactive, too.
The Program, as it currently stands, does not mean that employers pay employees only the seventy-five per cent the covered by the Program.
Rather, employers may only claim a credit for seventy-five per cent of what they actually pay their employees.
Claiming a tax credit under false pretences is an offence under the federal Income Tax Act.
The Program may continue to change and evolve as the pandemic continues.
COVID-19: NOT COMPLYING? BIG FINES. IMPRISONMENT. QUARANTINE IN CUSTODY.
Many residents locally express increasing concerns about and rightfully question what enforcement measures are being taken, for example, to:
[1] force returning travelers, who are not taking precautionary virus measures, to self-isolate; and
[2] ensure compliance generally with other emergency health declarations and orders in effect by the provincial and federal Governments, applying to everyone during this pandemic.
To date, federally, the following orders have been made, with the corresponding enforcement measures being taken by the federal Government:
[1] TRAVELERS RETURNING:
There is now a federal Emergency Order in effect, requiring any person entering Canada by air, sea or land to self-isolate for fourteen days, whether or not they have symptoms of COVID-19. The Government of Canada will use its authority under the federal Quarantine Act to ensure compliance with the order. Failure to comply with this Order is an offense under the Quarantine Act.
Maximum penalties for non-compliance include:
- a fine of up to $750,000; and/or
- imprisonment for six months.
[2] EVERYONE (NOT ONLY RETURNING TRAVELERS):
In addition, for everyone, any person who causes a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening the Quarantine Act could be liable for:
- a fine of up to $1,000,000; or
- imprisonment of up to three years, or to both.
Spot checks will be conducted by the Government of Canada to verify compliance.
All individuals permitted to enter Canada are subject to this order, with the exception of certain persons who cross the border regularly to ensure the continued flow of goods and services, and those who provide essential services. Individuals exempt from the order will still need to practice social distancing and self monitoring and contact their local public health authority if they feel sick.
Individuals displaying symptoms of COVID-19 after arriving in Canada may not use public transportation to travel to their place of isolation. They also may not isolate in a place where they will be in contact with vulnerable people, such as seniors and individuals with underlying health conditions.
Since 2005, we have had the Quarantine Act available to require and govern preventative measures due to pandemic, like COVID-19, including mandatory self-isolation and quarantine and enforcement measures. The federal Health Minister is also statutorily empowered to require Ontario to take quarantine measures, including stay-at-home orders, closure of non-essential businesses and to establish self-isolation/quarantine facilities for those who do not comply.
Notably the federal Government has yet to enact the Emergencies Act, which would give it sweeping, broad powers to centrally control virus containment enforcement across the country. Many continue to question this decision, but if the so-called curve does not flatten fairly soon, it is expected the federal Government will also take this extraordinary “war times” measure.
The Government of Ontario has so far announced, for example, a $750 fine for failing to comply with a provincial order, including an emergency health declaration. There are additional fines that could be levied for obstructing a person ($1,000). Corporations can face much higher fines for non-compliance with Ontario’s emergency health orders, such as being closed if not classified as an essential service (up to $500,000).
The Ontario Provincial Police have announced they will enforce any provincial health orders, such as closing non-essential businesses and maximum gathering capacity. They also report they will, under Ontario’s Emergency Management and Civil Protection Act, continue to strictly enforce any further health emergency declarations by the federal and provincial government.
It is unclear how much enforcement has been undertaken by the OPP to date. It does not appear there have been any imprisonments, at least.
There is no consistent, unified approach among municipalities, or their municipal police services.
Few municipalities seem to be taking pro-active, decisive and independent enforcement measures. Others, such as the City of Toronto, have announced very significant fines and imprisonment terms for those who violate provincial orders. That city continues to set up its enforcement team, led by Toronto Public Health. Non-compliance will escalate to the Toronto Police service, if necessary.
The City of Kawartha Lakes, which has authority to establish its own enforcement measures, as it has officially declared a state of emergency, has yet to adopt or implement any specific enforcement measures for non-compliance with either provincial or federal orders. As it stands, the Lindsay Police Service, for example, working with both our Health Unit and the City, will rely on Canada’s Criminal Code, existing governmental orders and municipal licensing standards to enforce safety and containment measures.
Municipally-driven enforcement measures are ostensibly piecemeal and uncoordinated. Some municipalities, particularly those more urbanized, are doing more than others.
As a result, there is an increasing call throughout Ontario, and other provinces, for the federal Government to enact the Emergencies Act, including to centralize and directly control a country-wide standard for enforcement measures in an effort to contain the virus.
COVID-19 - NEW HELP FOR SMALL BUSINESSES - WAGE SUBSIDY AND GUARANTEED LOANS
The federal government has now announced more financial support to small and medium-sized businesses, including to avoid lay offs and try to maintain payroll during the pandemic.
Specifically, a new 75% wage subsidy has been declared. Previously the federal Government has announced a 10% wage subsidy.
Secondly, small and medium-sized business can apply for and obtain loans, that the federal Government will GUARANTEE for up to $40,000.
These loans must be interest-free for the first year of the loan.
If you qualify as an eligible small business and you maintain employing your staff on a full-time basis, you may reduce the amount of tax you pay at end-of-month payroll by 75% of wages paid (i.e., an indirect wage subsidy).
You, or your payroll agent, will have to self-calculate your monthly wage subsidy, which you realize by way of reduced tax deductions at source.
Get more information and keep updated here, including when to begin the wage subsidy program:
https://www.canada.ca/en/department-finance/news/2020/03/canadas-covid-19-economic-response-plan-support-for-canadians-and-businesses.html?fbclid=IwAR2bwxtdMg1SmbBIOh59r22eUOKfJJCltLmDf-emma8pEkKGDTB75RCSE8I
QUICK LINKS TO THE FEDERAL FINANCIAL SUPPORT YOU MAY NEED - COVID-19
You are a click away from asking for federal financial support: employment insurance, emergency benefits, mortgage help, increased child tax benefits.
Here are the quick links to the help you may need:
EMPLOYMENT INSURANCE (Regular Benefits):
Laid off, told to stay home, etc. How to apply:
https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/apply.html
EMERGENCY SUPPORT BENEFIT:
Laid off, reduced hours, do not qualify for EI regular benefits above:
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#emergency_support_benefit
EMERGENCY INSURANCE SICKNESS BENEFIT:
No Paid Sick Leave, quarantined, sick? [New "CERB"]
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#improved_access_employment_insurance_sickness_benefit
EMERGENCY CARE BENEFIT:
Do not qualify for EI, but you are sick, quarantined and/or taking care of children at home or family members:
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#emergency_care_benefit
NEED MORTGAGE HELP?
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#mortgage_support
INCREASED CHILD CARE BENEFITS:
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#increasing_canada_child_benefit
EXTENDED TAX DEADLINE - JUNE 1:
www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#extra_time_income_taxes
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THE VIRUS - THE COST OF NON-COMPLIANCE. BIG FINES. JAIL. QUARANTINE IN CUSTODY.
THE VIRUS - DOES IT CANCEL CONTRACTS? RENTAL AGREEMENTS? SEPARATION AND PARENTING AGREEMENTS? MAYBE - READ ON
The virus - does it mean your contract with another person will be cancelled, or be unenforceable by you or the other party? Your rental agreement with a landlord or tenant? What about my separation or parenting agreement with my former partner or spouse?
The answer: maybe.
It is early days; the litigation of the issues is yet to happen.
It ultimately depends on whether your contract has a "force majeure" cause (or an "Act of God" clause) or, alternatively, if you (or the other party to your contract) can prove that the contract is "frustrated" for reasons beyond the control of the party seeking relief from the contract; namely, due to the pandemic and the remedial actions taken by all three levels of government and directions of health officials.
This issue is certain to arise, likely very soon. Meanwhile, the Courts are temporarily closed, except for truly urgent matters, offering very limited judicial resources to help in the event of contractual disputes.
Below is an excellent explanation of the law regarding contracts and enforceability of contractual obligations during the virus crisis.
It remains to be seen how this will impact of all of us, but it certainly will become an increasingly important issues for many of us.
As of today, medical authorities estimate that over 300,000 people have been infected with the novel coronavirus, COVID-19. As a result of the need for social distancing, some businesses have had to close their doors, while many other businesses have slowed, even while their operations continue. Given the resulting economic uncertainty, people are understandably less inclined to buy; businesses have less money to pay rent to their landlords and salaries to their employees; and landlords and other businesses have less money to make mortgage payments to their lenders. Stores cannot pay for merchandise. It may not be anyone’s fault, but people are going to lose money. A storm of litigation is brewing and the winners or losers of those lawsuits may depend on whether the contracts between these parties have a force majeure clause and whether it will be applied in respect of our present situation. Alternatively, it may depend on whether a litigant can prove that circumstances beyond a party’s control frustrated their ability to comply with their contractual obligations.
This blog is intended to provide a brief overview of force majeure clauses and the equitable principle of frustration of contract and their potential applicability to the COVID-19 pandemic.
What is a Force Majeure Clause?
Many commercial agreements contain a provision that allows parties to be released from their contractual obligations and responsibilities in the event of serious unforeseen circumstances. These provisions are often referred to as “force majeure” clauses. The Supreme Court of Canada described the operation of a force majeure clause as follows:
An act of God clause or force majeure clause […] generally operates to discharge a contracting party when a supervening, sometimes supernatural, event, beyond control of either party, makes performance impossible. The common thread is that of the unexpected, something beyond reasonable human foresight and skill.1
A force majeure clause often includes a laundry list of events that would fall under the purview of an “event beyond the control of either party”. For example, in Tom Jones & Sons Ltd. v. R.2 the force majeure clause at issue in that case commenced upon any of the following events:
If by reason of strikes, lockouts, governmental restriction, acts of God, non-availability of labour or materials, unavoidable casualty, civil commotion, war, fire, hindering subsurface condition existing on the site, extreme weather conditions […] or, any other cause beyond the control.3
Does COVID-19 Trigger Force Majeure Clauses?
The answer is a definitive “maybe”. At the outset, force majeure clauses are drafted differently from contract to contract. As a result, the express language contained in such a clause will greatly impact its interpretation and potential application. Similarly, even if such a clause could potentially apply, the clause itself may limit the scope of what terms of the contract a party will be relieved from.
The events surrounding COVID-19 intuitively suggest that they could fall within the Supreme Court’s definition of a force majeure clause. The fact that it is being described as a “pandemic” by the World Health Organization and its global impact would suggest that such clauses may be applicable, but again, each clause is unique and will turn on its own specific wording. These terms would have to be reviewed carefully to assess whether such a clause could be relied upon.
As an example, if we again turn to the language contained in the force majeure clause in Tom Jones, it makes no express reference to terms such as “pandemic”, “epidemic”, or “disease” as being a basis upon which the clause could apply. On the other hand, given that various levels of government in Canada have disseminated various directives, ordered businesses and borders to close, and declared various states of emergency,4 it may be argued that these actions fall under the auspices of the term “governmental restriction”.
Again, an assessment of these clauses must be conducted on a case-by-case basis as the specific wording of the clause could be the determining factor.
Can a COVID-19 Related Economic Downturn Trigger a Force Majeure Clause?
Assuming that a force majeure clause does not contain a specific term or phrase that would be triggered by COVID-19, clients may query as to whether the related economic-downturn that has followed in the wake of COVID-19 could prompt parties to rely upon a force majeure clause to vitiate their contractual obligations.
Generally speaking, courts have held that force majeure clauses may not be resorted to where circumstances affect the profitability of a contract or the ease with which a party’s obligations can be performed. For example, in Domtar Inc. v. Univar Canada Ltd.,5 the defendant sought to rely on a force majeure clause when sudden market changes made it more expensive to supply caustic soda at the contract price. The clause in question read as follows:
The term “force majeure” means any contingency beyond the reasonable control of Supplier or Customer (for example, war or hostilities, Acts of God, accident, fire, explosion, public protest, breakage of equipment, governmental actions or legislation, or labour difficulties) which interferes with Supplier’s or Customer’s production, supply, transportation or consumption practices.6
The Court held the force majeure clause would not apply to a contract simply because it became more expensive due to market changes.7
Similarly, In the case of Tandrin Aviation Holdings Ltd. v. Aero Toy Store LLC,8 the defendant claimed it was unable to accept delivery of an executive jet aircraft that was the subject of the contract because of the “unanticipated, unforeseeable and cataclysmic downward spiral of the world’s financial markets”. The Court disagreed, observing that “it is well established [ … ] that a change in economic/market circumstances, affecting the profitability of a contract or the ease with which the parties’ obligations can be performed, is not regarded as being a force majeure event”.9
In conclusion, courts have been skeptical of allowing a change in market circumstances to trigger a force majeure clause.
Frustration of Contract
If a contract does not contain a force majeure clause, or the clause is of no assistance because of its terms, a party may, in very limited circumstances, be able to argue that it is relieved from its contractual obligations by claiming the contract is “frustrated.”
Frustration occurs when an event, through no fault of either party, creates a new circumstance which has the effect of making the contract impossible to fulfill. In such situations, both parties are discharged from further performance of their obligations under the contract.10 The parties are relieved of their obligations because to force performance despite the new and changed circumstances would be to order the party to do something fundamentally different from what the parties originally bargained for.11
COVID-19 and Frustration
The threshold required for frustration is a very high one. In order to rely on it, a party must show that the original reason for entering into the transaction was completely destroyed by a supervening event.
Generally, as in the case of force majeure clauses, courts have not accepted economic disruption or falling markets to constitute an event that would frustrate a contract. For example, the case of Forest Hill Homes v. Ou12 involved a home that was to be purchased from, and built by, the plaintiff. The parties agreed to the purchase in November of 2016, but the closing date was not until 2019. At the date of closing the plaintiff was ready to close, but the defendant took the position that the contract had been frustrated due to the “drastic and unforeseeable drop in the real estate market”, which made it impossible for them to close.13
The judge concluded that there is nothing about changes in the market that amounts to an unforeseen event which would trigger frustration and that, even if there were, it was incumbent upon the buyer to adduce real estate market evidence in support thereof.14
Parties who may seek to rely on a force majeure clause should have a legal professional carefully review the precise language of the clause to determine whether it may cover the intervening event and to determine the scope of relief that may be available under the contract, even if the clause could potentially apply.
Similarly, in the event a party is unable to perform a contract, legal advice should be sought to assess the strengths of a claim that a contract has been frustrated.
On a practical basis, given the current COVID-19 circumstances, the existence of a force majeure clause (even if there are arguments both for and against its applicability) may facilitate an approach to the other contracting parties to see if they are prepared to renegotiate a mutually-agreeable outcome before litigation could arise from the application of such a clause.
Atlantic Paper Stock Ltd. v. St. Anne-Nackawic Pulp & Paper Co., 1 S.C.R. 580 at para. 4 (Atlantic Paper). ↵
Tom Jones & Sons Ltd. v. R. 31 O.R. (2d) 649, (H.C.) (Tom Jones). ↵
Tom Jones & Sons Ltd. v. R. 31 O.R. (2d) 649, (H.C.) at para. 13. ↵
“Ontario Enacts Declaration of Emergency to Protect the Public.” Ontario News Room, March 17, 2020; “Coronavirus: Canada to bar entry for most foreigners.” BBC, March 16, 2020; “Nunavut declares state of public health emergency.” CBC News, March 18, 2020; “Alberta declared a public health emergency over COVID-19.” CTV News, March 17, 2020. ↵
Domtar Inc. v. Univar Canada Ltd., 2011 BCSC 1776. ↵
Domtar Inc. v. Univar Canada Ltd., 2011 BCSC 1776 at para. 75. ↵
Tandrin Aviation Holdings Ltd. v. Aero Toy Store LLC, (2010) EWHC 40 (Cmm) (Tandrin). ↵
Tandrin Aviation Holdings Ltd. v. Aero Toy Store LLC, (2010) EWHC 40 (Cmm) at para. 30. ↵
Naylor Group Inc. v. Ellis-Don Construction Ltd., 2011 SCC 58. ↵
Naylor Group Inc. v. Ellis-Don Construction Ltd., 2011 SCC 58 at para. 55. ↵
Forest Hill Homes v. Ou, 2019 ONSC 4332 (Forest Hill). For other examples see: Bang v. Sebastian, 2018 ONSC 6226; Paradise Homes North West Inc. v. Sidhu, 2019 ONSC 1600. ↵
Forest Hill Homes v. Ou, 2019 ONSC 4332 at para. 5. ↵
Forest Hill Homes v. Ou, 2019 ONSC 4332 at paras. 5-6 ↵
Bradley Phillips and Robert Alfieri, Wagner Sidlofsky, published March 23, 2020
ARE YOU APPOINTED A POWER OF ATTORNEY FOR PERSONAL CARE? FOR AN ELDERLY PERSON? COVID-19 - YOU MUST BE PREPARED. A CHECKLIST.
Post by: Jason Ward in /Estates
Are you appointed as another's power of attorney for personal care, particularly an elderly person who may be residing at a retirement or long-term living facility?
If so, during this pandemic, you need to be prepared to act in your fiduciary capacity, including to make difficult healthcare decisions on behalf of the person who appointed you, the "grantor".
In these very uncertain times, when the virus continues to evolve and new developments happen and information is obtained very day, as a power of attorney for personal care, you must be ready and informed about your duties, if they arise.
Here is a helpful summary about your role and duties as a power of attorney for personal care:
In Ontario, powers of attorney for personal care are generally governed by the Substitute Decisions Act, 1992 (the “SDA”). The Health Care Consent Act, 1996 also applies to certain decisions made by attorneys for personal care.
Personal care decisions are about health care, medical treatment, diet, housing, hygiene, and safety. An attorney for personal care will be able to make almost any decision of this nature that the grantor would normally make for him/herself when they were capable.
According to the SDA, an attorney for personal care must follow the known wishes of the grantor or make decisions in the best interest of that person. In doing so, the attorney must choose the least restrictive and intrusive course of action that is available and is appropriate in the circumstances.
If you are appointed as an attorney for personal care, below is a non-exhaustive list of steps you should take or obligations you may have:
Obtain a copy of the POA PC and determine whether it is in effect. The POA PC only comes into effect once the grantor is incapable of making his or her personal care decisions.
Determine whether there are any specific instructions/restrictions in the POA PC.
Encourage the grantor’s participation in decision-making and try to foster the grantor’s independence as much as possible.
Encourage and facilitate communication between the grantor and his/her family and friends.
Consider developing a guardianship plan. While this is not mandatory for an attorney whose powers stem from a POA PC, it may help provide a roadmap for future decisions.
The above checklist is non-exhaustive list of some of the obligations an attorney for personal care have. Section 66(4) of the SDA also sets out a number of factors to consider when determining what personal care decisions are in the incapable person’s best interest. Most importantly, an attorney for personal care must not lose sight of the fact that he/she is a fiduciary and held to a higher standard.
Making decisions as an attorney can be difficult, particularly in uncertain circumstances. It is important to be prepared. The Ministry of the Attorney General also provides some useful information about an attorney’s obligations here. A lawyer should be consulted so the attorney understands their duties.
Jenna Bontorin, Hull & Hull LLP, hullandhull.com, published March 26, 2020.
THERE IS AN ALTERNATIVE TO LAY OFFS - EMPLOYEE TIME CAN BE REDUCED UP TO 60%, BUT OPERATIONS CONTINUE. YOU MAY QUALIFY FOR THE WORK-SHARING PROGRAM.
Post by: Jason Ward in /Employment
Canada’s “Work-Sharing” program is an adjustment program, which may offer relief and an alternative to employers financially impacted by COVID-19, including those experiencing a slow down in business, but who continue to operate at some level.
The program is intended to assist employers to avoid layoffs, particularly during this pandemic, if the employer experiences a temporary reduction in the usual amount of business activity that is beyond the control of the employer, as may be the case with COVID-19.
The program involves a three-party agreement between the employer, the employees and Service Canada.
Work-sharing allows employees to work reduced hours and share work equally between one another.
The other key aspects of the program are:
the employer must apply to the program at least thirty days in advance of the start date of the program;
the employees will be eligible for benefits through the program if they agree to work reduced hours;
there must be at least two employees willing to share job duties;
the employer must be: a publicly-held company; a private enterprise or a non-profit organization, which must in business for at least one year, reduced from 2 years due to COVID-19;
the employer must demonstrate a temporary work shortage, beyond their control, of 10% or more;
the employees undergoing work shortages must be “core employees” (i.e., not seasonal, casual employees);
the mandatory “cooling-off” period, where an employer cannot re-enter a work sharing agreement with the same employees, has been waived temporarily due to COVID-19; and
the maximum duration of the work sharing has been increased from 38 weeks to 76 weeks due to COVID-19.
Employees who participate in the program who do the same, or substantially similar, work will become part of the "Work-Sharing unit".
Employees in a Work-Sharing unit can have their hours reduced by up to 60%.
To apply to the program, employers must submit:
the application for work sharing;
the attachment to the application (PDF or Excel); and
a recovery plan, which must demonstrate that the employer will implement activities during the period of the work-sharing agreement to alleviate the work shortage in order to return the work-sharing unit(s) to normal working hours by the end of the agreement.
Employees eligible to participate are those who:
are "core" employees, meaning they are permanent full-time or part-time employees who are required to carry out the everyday functions of normal business activity, and not seasonal or casual employees/students;
are eligible to receive EI benefits; and
agree to a reduction in their normal working hours in order to share work.
More information is available here:
https://www.canada.ca/en/employment-social-development/services/work-sharing.html
COVID-19 IS SPREADING; END THE RACISM SURGING WITH IT - OUR OPINION.
Both regrettably and predictably, racism and discrimination appear to be surging with the spread of the COVID-19 virus.
Credible sources now report that xenophobia, racially-motivated acts of discrimination and harassment towards ethnic groups is increasing.
Through public messaging by some, including the President of the United States, COVID-19 has been referred to as the "Chinese" and the "Wuhan" virus, on the basis that it is believed to have originated in Wuhan, China.
Doing so only serves to reinforce negative connotations, perception and stigma, inescapably encouraging more pronounced and insidious racist ideologies and prejudices directed at a specific ethnic group.
As a result, members of our Asian ethnicities have been targeted. Some report experiencing more racist acts during the pandemic, presumably attributable to existing racist views, assumptions and unconscious biases of racialized people and groups, as well as stigma, fear, or being misinformed.
There is some legal protection against these unjustified acts, promulgated by Canada's Criminal Code (hate crimes, etc.).
In addition, employees in Ontario are protected by Ontario's Human Rights Code (the "Code") in terms of the COVID-19 pandemic. Currently, those protections include:
- it is discriminatory to treat employees who have, or are perceived to have, contracted COVID-19, in a negative manner, for reasons unrelated to public health and safety;
- employers have a duty to accommodate employees in relation to COVID-19, unless it would amount to undue hardship based on cost, or health and safety;
- employers should not treat employees in a differential manner over COVID-concerns, unless these concerns are reasonable and consistent with the most recent advice of medical and public health officials;
- unless an employee can provide a legitimate reason why he or she cannot work, employers have a right to expect they will continue to perform their work. If an employee is required to self-isolate for legitimate reasons, the employer can explore alternative options to allow the employee to continue to work;
- employers may not discipline or terminate individual employees who are unable to come to work because medical or health officials have quarantined, or advised them to self-isolate and stay home because of COVID-19 concerns;
- employers should accommodate employees who have care-giving responsibilities to the point of undue hardship, which may include working from home, reduced hours or leave without pay;
- employers should take requests for accommodation in good faith and avoid requiring medical notes to justify employee absences where such notes are unnecessary; and
- it is not discriminatory to lay off employees if there is no work for them to do because of the impacts of COVID-19.
Employers should also remind employees that it is unacceptable to treat other employees or members of the public differently, or assume they might be infected with COVID-19 on the basis of their race, place of origin, citizenship, ethnic origin or ancestry.
Differential treatment related to this virus is not permissible and prohibited by Ontario's law.
COVID-19 does not discriminate against specific ethnic groups, why would we?
We should all raise our voices against stigma and discrimination.
Nervous fear is natural and expected in this crisis, but it cannot translate into short-signed, divisive hate-mongering. This is not a "Chinese" virus, as a certain leader may espouse. Rather, this is global pandemic, of which we are all, by necessity, a part.
Civility must prevail. Solidarity and altruism, not bigotry, will triumph.
COVID-19 - FAMILY COURT AFFIRMS - SEPARATED AND DIVORCED CO-PARENTS CANNOT TAKE ADVANTAGE OF COVID-19 - EMERGENCY MOTIONS CAN BE MADE AND WILL BE DECIDED ON A CASE-BY-CASE BASIS
Post by: Jason Ward in /Family
The Superior Court has affirmed that separated and divorced co-parents must work cooperatively, flexibly and together to parent children during this unprecedented crisis.
The Family Court in this, and every other Ontario, jurisdiction is closed, except that only urgent and emergency matters will be considered, despite the extraordinarily strained judicial resources available currently.
We have written on this very important issue previously.
Here are the links to those articles:
"COURT RELEASE IMPORTANT DECISION COURT RELEASES IMPORTANT DECISION TO SEPARATED PARENTS - WORK TOGETHER - DO NOT USE COVID-19 TO TRY TO GAIN A TACTICAL PARENTING ADVANTAGE "- http://wardlegal.ca/31582887996636
"COVID-19 - HELP TO SEPARATED/DIVORCED PARENTS" - http://wardlegal.ca/31582887996602
Justices loathe any parent who may attempt to take advantage of COVID-19 to gain a tactical advantage over a co-parent regarding the parenting of a child - that is clear.
However, the Court acknowledges that we are in "unchartered territory" currently, without the benefit of proper knowledge and understanding of the true nature of the virus and the science surrounding it, making it very difficult to assess the potential risks to a child arising from co-parenting arrangements.
The test is always the best interests of a child, which is very rarely served if a co-parent has no opportunity to be with the child - the Court regularly espouses this principle.
While a co-parent is permitted to file an "Urgent Motion" seeking co-parenting relief, such as withholding access or seeking it, the Court will initially determine whether the motion is truly urgent, before it will consider evaluating the merits of each party's position in terms of the child's best interest and where and when the child should reside, or be.
In every case so far, where a co-parent sought urgent relief by motion to the Family Court during the pandemic, the Court has ruled that the issue is NOT URGENT and granted no relief, except to dismiss the motion.
On March 25, 2020, another Family Court Justice made the same decision. A copy of the decision is reproduced below, as it should be read carefully by every co-parent, particularly those that may have, or have the propensity to be engaged in, conflict on the parenting issues.
In this case, there was no Court order in place regarding the parenting arrangements for the child, but the parents had established a pattern for their parenting (i.e., a status quo). The mother withheld the child, alleging to do otherwise would pose risk and harm to the child due to exposure to COVID-19. The mother's allegations appear in the decision below.
The father disputed this and brought an urgent motion seeking reinstatement of the alleged, pre-existing (status quo) parenting arrangements.
The Court is sympathetic to the circumstances, but does not grant the father any relief by deciding, at the initial threshold test, that the matter is not urgent. Accordingly, the best interests of the child generally, in terms of parenting time and place, were not addressed by the Court, due to the threshold test not being achieved.
This decision below is a must-read for any co-parent concerned about a child during the pandemic.
However, the Court will decide each case on a case-by-case - the Court has made that clear in its decisions.
Therefore, if a co-parent can produce strong evidence that the other co-parent is not engaging in proper containment measures, as recommended and/or directed by our governments and applicable health officials, the Court may determine the matter is urgent, as the potential harm to the child is established and proved on an urgent basis; specifically, to protect the child from potential harm.
In this case, however, the Court did not find the circumstances sufficiently urgent to allow the motion to proceed.
What is clear, though, from the decisions of the Court is that a co-parent cannot attempt to utilize the COVID-19 crisis to gain some tactical advantage against the other co-parent. Even if a motion to address it may be determined to be not urgent, such conduct will most certainly be considered as soon as possible by the Family Court and may have negative consequences to the manipulating co-parent, and potentially the child.
COURT FILE NO.: 684/19
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Douglas (Applicant) v. Douglas (Respondent)
BEFORE: Justice W.L. MacPherson
APPEARANCES: None
COUNSEL: Virginia Workman
Bruce Macdonald
E N D O R S E M E N T -- COVID 19 PROTOCOL
[1] AS A RESULT OF COVID-19 regular Superior Court of Justice operations are suspended at this time as set out in the Notice to Profession of the Chief Justice of Ontario. See the Notice to the Profession dated March 18, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ [“the Chief’s Notice”].
[2] In accordance with the Regional Notice to Profession dated March 18, 2020 and replaced by a subsequent Notice dated March 24, 2020, electronic materials were filed by the applicant’s counsel through the Courthouse email address.
[3] This matter was referred to me as Triage Judge, for a determination of urgency and how this matter is to proceed.
[4] At this point I have received and reviewed the following:
a) Form 14B Motion Form dated March 24, 2020;
b) Affidavit of the Applicant sworn March 24, 2020 and various exhibits, including emails between the parties.
[5] The following evidence has been provided by the father:
a) The parties were married on August 26, 2011 and have been separated since December 10, 2018. There is one child, H , who is 6 1/2 years of age.
b) A court action was commenced by the father. A case conference was held on January 10, 2020. The Office of the Children’s Lawyer was requested to be become
involved, but they declined. There are currently no court orders in place dealing with parenting time.
c) The father alleges that the mother has demonstrated a pattern of denying access. Nevertheless, since in or about February 2019 the father has apparently had regular time
with the child on alternating weekends from Friday at 4 p.m. until the commencement of school on Monday and if it is a non-school day return of the child takes place at 8:00 a.m.
In addition, the father has had the child each Thursday following his access weekend from 4:00 p.m. to 7:00 p.m.
d) The father last had access to the child during the weekend of March 13, 2020 to March 16, 2020.
e) On March 18, 2020 the mother advised the father by email that the child would remain in her care. She noted concerns about the father’s exposure to the COVID-19 virus
at work (as an Assistant Manager at Lowe’s) ; the need for social distancing and that she was practicing same in her household, her workplace (location not disclosed) and the State of Emergency declared in the Province of Ontario; that travel from one parents’ home to the other (according to the father being a 14 minute car ride) was “unnecessary travel”; and the child having recently been ill (weekend of March 13, 2020 for which the mother had provided detailed treatment instructions as that was father’s access weekend.
f) When the father expressed his disagreement that the child should remain with the mother, she then raised additional concerns about potential exposure while in the father’s
care due to: a recent national hiring day at Lowes; he had allowed the child to play with another child; the father’s family travels and the need for them to be self-isolating and not involved in caring for H . No assurances by the father to address each of these concerns were acceptable to the mother who insisted that the child must remain in her care.
g) On March 19, 2020 the father attended at the mother’s home to exercise the regular Thursday access, but this was refused by the mother.
h) Facetime visits have been requested by the father and although it appears from the emails that the mother did offer such a visit on March 18, 2020, according to the father, as
of March 24, 2020, no such visits have taken place.
[6] The father has brought a motion seeking the reinstatement of status quo arrangements permitting the father to have access to H on alternating weekends and alternating Thursdays.
[7] The issue to be determined: Is this motion urgent?
[8] The COVID-19 pandemic is unprecedented. The situation changes daily, if not hourly. To address the risks posed by the virus, as those risks are known at any particular time, government authorities and public health officials issue directives to address the perceived risks.
[9] There is no game plan for how parents should react, and many are understandably worried for themselves and their families and confused about what to do in such an atmosphere. It is certainly expected that parents would act in the best interests of their own child which consideration must include not only the child’s physical well-being, but also their emotional wellbeing. Total removal of one parent from any child’s life must be exercised cautiously.
[10] This is uncharted territory for the court, as well. The safety and well-being of children and families remain the principal concerns for the court. However, the court must take guidance from the Chief’s notice that confirms that all court operations are suspended with the exception of those
that are urgent and emergency matters. The Chief’s notice defines such matters in the context of family files to be relative to “the well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of a child.”
[11] The matter is understandably very important to the father. However, in my view it is not urgent nor is it an emergency. There is no indication that H ’s safety is at risk. While father’s counsel might wish to have this court interpret the mother’s actions as wrongfully retaining the child, from my perspective, the language used in the Chief’s notice was done purposefully to mirror the language under the Convention on Civil Aspects of International Child Abductions (the “Hague Convention”) and would not be applicable when the issue is parenting time. It may be that
there will be some limited scenarios involving an abduction of a child where relief is sought under the Children’s Law Reform Act, and a court finds such matter to be urgent. But this is not one of those cases.
[12] Within that context, I find that the motion is not urgent at this time.
[13] I would point out that in the Chief’s notice, the Chief Justice of Ontario called “upon the cooperation of counsel and parties to engage in every effort to resolve matters” during the period of suspension of regular court operations.
[14] The parties have experienced family law counsel representing them. It does not appear that mother’s counsel has responded to father’s counsel in any meaningful way to reach a reasonable resolution. He is encouraged to do so. Surely a complete termination of all contact between the
child and his father cannot be in the child’s best interests even in these unprecedented times.
[15] Finally, all counsel and parties must be aware that actions taken in these unusual circumstances, may very well be judged once court operations resume, as not being appropriate nor in the best interests of their children.
Justice W.L. MacPherson
COVID-19: WHAT HAPPENS IF A PERSON BECOMES INCAPABLE TO MAKE CARE DECISIONS DUE TO THE VIRUS AND HAS NO POA? HERE'S WHO MAKES THE DECISIONS
During the COVID-19 pandemic, what happens when a person in Ontario becomes disabled or incapacitated due to the virus, to the extent that the person cannot make decisions about his or her own health care or treatment?
In short, someone else is authorized or appointed to make those decisions for the incapacitated person, subject to certain rules and duties imposed by law.
However, we have a hierarchy of decision-making power in Ontario.
Here is an excellent article by Sydney Osmar of Hull & Hull explaining this hierarchy and how personal health care decisions are regulated for incapable people:
"Section 20 of the Health Care Consent Act (“HCCA”) provides for a legislative hierarchy of substitute decision makers for persons who have been found incapable with respect to treatment. The hierarchy is as follows:
The incapable person’s guardian of the person;
The incapable person’s attorney for personal care;
The incapable person’s representative appointed by the Consent and Capacity Board;
The incapable person’s spouse or partner;
A child or parent of the incapable person, or an agency that replaces the parent’s authority;
A parent of the person who only has a right of access;
A brother or sister of the incapable person; and
Any other relative of the incapable person.
Those in the above list may only give or refuse consent on behalf of the incapable person if they are: at least 16 years of age, are not prohibited by court order, are available, and are willing to assume this responsibility. A person from the above hierarchy may only act as the substitute decision maker with regard to treatment, if there is not a person who also meets these requirements who ranks higher within the hierarchy.
Sections 20(5) and 20(6) of the HCCA sets out that if no one in the above list meets the requirements to make treatment decisions, or, if there are two equally ranking parties who both meet requirements but disagree on the treatment decision, the decision will devolve to the Public Guardian and Trustee (“PGT”).
As is clear by the placement within the above hierarchy, the act of granting a power of attorney for personal care (“POAPC”) holds great weight when it comes to determining substitute decision makers with regard to treatment decisions. However, the significance of the act of revoking a POAPC in relation to the legislative hierarchy is less clear.
For example, it is quite common for a person to grant a POAPC to their spouse or child, however, in revoking the POAPC, the spouse or child could still remain the legal substitute decision maker under the section 20 hierarchy, should there be no other higher ranking individual willing and able to make treatment decisions, and if the grantor fails to execute a new POAPC.
I have located two decisions of the Consent and Capacity Board (the “Board”), which suggests that in such circumstances, the Board will pull language from other sections of the HCCA to circumvent the hierarchy provided under section 20, where it is clear to do so would be in the incapable person’s best interests.
In A(I) Re, Mrs. I.A. had previously appointed her two children as her attorneys for care. However, this POAPC was later revoked, with Mrs. I.A. informing her lawyer she feared her two children would be unable to reach agreements on important health care decisions. Two distant relatives were instead appointed pursuant to a new POAPC. However, when Mrs. I.A. lost capacity, and a treatment decision needed to be made, the distant relatives felt they were not best suited to make such a decision.
Both children applied to act as Mrs. I.A.’s representative under s. 33 of the HCCA. In coming to its decision the Board accepted that Mrs. I.A.’s overt act of revoking the POAPC that appointed her children was a prior expressed relevant value and belief, however, this did not impact the fact that both children still qualified as decision makers under the section 20 hierarchy. The Board ultimately determined that it was not in Mrs. I.A.’s best interests to have her children act as decision makers, and concluded they could not agree, such that the decision devolved to the PGT.
In D(D) Re, this issue again arose, where the incapable person, D.D. (prior to becoming incapable) granted a POAPC to her husband, later revoking the POAPC when she believed that her husband would not act in her best interests. Because a new POAPC was never executed, the husband remained the legal decision maker under section 20. D.D.’s daughter, J.R., brought an application to the Board to act as her representative. In coming to its conclusion, the Board noted that it was clear that D.D. had not understood that by revoking the POAPC, her husband would remain the decision maker under the HCCA hierarchy, and that it was equally clear her intention had been to remove her husband as the legal decision maker. Therefore, to circumvent the hierarchy, the Board turned to a best interests analysis and ultimately appointed D.D.’s daughter as her decision maker."
YOUR NEW CHEAT SHEET FOR EI BENEFITS DURING COVID-19. LAID OFF? TAKING CARE OF KIDS? CAREGIVER? THE NEW DEAL [AS OF MAR. 25, 2020]
The federal Government continues to develop and change employment insurance benefits during this pandemic.
Here is a list of the employment insurance (EI) benefits available to you for emergency financial support, as of March 25, 2020:
EXISTING - REGULAR EMPLOYMENT INSURANCE:
EI regular benefits provides benefits to individuals who lose their jobs through no fault of their own (i.e., due to shortage of work, seasonal or mass lay-offs), including attributable to COVID-19.
To be eligible:
the employee must have worked 600 insurable hours in the last 52 weeks; and
the employee must have lost his or her employ through no fault of his or her own
If you have been laid off from your work as a result of your employer`s response to COVID-19 you are eligible for Regular Employment Insurance.
You can apply at this link:
https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit.html
EXISTING – EI SICKNESS BENEFIT:
Employment Insurance (EI) sickness benefits provide up to 15 weeks of income replacement and is available to eligible claimants who are unable to work because of illness, injury or self-quarantine, to allow them time to restore their health and return to work.
Canadians who are self-quarantined (as instructed by either a public health official or an occupational health official through their workplaces) can apply for EI sickness benefits.
You can apply here:
the employee must be unable to work for medical reasons;
the employee accumulated 600 insured hours of work in the 52 weeks before the start of your claim; and
the employee has been instructed by either a public health official or occupational health official through the workplace to self-quarantine (i.e. post-out-of-Ontario travel, after testing positive for COVID-19, or while awaiting test results).
More information on the EI sickness benefit here:
https://www.canada.ca/en/services/benefits/ei/ei-sickness.html
EXISTING – FAMILY CAREGIVER BENEFIT:
The Family Caregiver Benefit for Children allows eligible caregivers to receive up to 35 weeks of financial assistance to provide care or support to a critically ill or injured child.
o the patient/child’s life must be at risk of illness or injury;
o the patient/child must be experiencing a significant change in their baseline state of health;
o the patient/child must require the care and support of one of more family members; and
o a primary physician must declare how long the patient/child would require the caregiving support of the parent/family member.
With respect to COVID-19, caregivers are not likely to be eligible for this EI benefit unless their child tests positive for COVID-19 and is actively receiving treatment.
NEW – CANADA EMERGENCY RESPONSE BENEFIT (“CERB”):
The Canada Emergency Response Benefit (CERB) offers income support for up to SIXTEEN weeks to those who lose pay because of the COVID-19 pandemic.
The federal Government reports that CERB will be a "simpler and more accessible" program, now covering employees who lost their jobs, got sick, are under quarantine or have to stay home because of school closures.
The CERB collapses and replaces entirely the two, previously announced benefits; specifically, the Emergency Care Benefit and the Emergency Support Benefit.
CERB is available to wage earners, contract workers and self-employed people, who do not otherwise qualify for EI benefits, as explained above.
Specifically, the CERB will provide a taxable benefit of $2,000 monthly ($500 weekly), for up to four months to:
those who must stop working due to COVID19 and do not have access to paid leave or other income support;
workers who are sick, quarantined, or taking care of someone who is sick with COVID-19;
working parents who must stay home, without pay, to care for children that are sick or need additional care because of school and daycare closures;
workers who still have their employment, but are not being paid because there is currently insufficient work and their employer has asked them not to come to work; and
those who are self-employed, in the gig economy or operate as freelancers, including contract workers, who would not otherwise qualify for EI benefits, as explained above.
The online portal to apply for CERB will be available in early April, and most Canadians can expect payments within ten days.
CERB payments will be issued every four weeks, and will be available from March 15, 2020 to Oct. 3, 2020.
WHAT ABOUT THOSE ALREADY RECEIVING EI?
Canadians already receiving EI regular benefits and/or sickness benefits will, as of March 25, 2020, continue to receive those benefits and should not apply to the CERB.
Canadians who already have applied for EI, but whose application has not yet been processed, do not need to reapply.
Canadians who are eligible for EI regular and/or sickness benefits may still access those benefits if he or she remains unemployed after the sixteen-week period covered by the CERB.
More information about the CERB is available here:
https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html#new_canada_emergency_response_benefit
CLAWBACKS AND DEDUCTIONS AGAINST EI BENEFITS (FOR WORKING):
If an employee works while receiving EI (sickness or regular) benefits, the employee is able to keep only one-half (i.e., $0.50) of the EI benefits for every dollar earned earn, up to 90% of the weekly insurable earnings used to calculate the employee’s EI benefit amount (i.e., the earnings threshold). If the employee earns any income above the earnings threshold, the Commission will deduct those amounts dollar-for-dollar from the benefits received by the employee. Whether an employee’s income during an EI benefit period will be deducted depends on whether the income falls within the meaning of “earnings” in the EI program.
Certain kinds of income will not impact EI benefits, including:
[a] disability benefits;
[b] survivor or dependent benefits;
[c] worker's compensation benefits paid under specific regulations;
[d] additional insurance benefits paid under an approved private plan (for example, payments for pain and suffering or medical expenses that received from an insurance company after an employee has been injured in a car accident);
[e] additional sickness benefits paid by an employer from a registered supplemental unemployment benefit plan (as long as the income, benefits, and additional amounts combined do not exceed 95% of the weekly earnings);
[f] sickness or disability payments received under a private wage loss replacement plan; and
[g] retroactive salary increases.
Here is a chart explaining what constitutes earnings for EI:
https://www.canada.ca/en/services/benefits/ei/earnings-chart.html
EMPLOYER-PAID “TOP UP” TO EI BENEFITS [SIMILAR TO PARENTAL OR MATERNAL LEAVE]:
If an employer tops-up an employees earnings, beyond the EI (sick or regular) benefits, it will be considered “earnings” and will be deducted or clawed-back from the employee’s benefits, unless the top-up was given under a formalized “top up” plan, otherwise known as a “Supplemental Unemployment Benefit”. Therefore, employees who received an informal, non-registered top-up, at least currently, are likely to be subject to claw-back against their EI benefits.
SUB PLANS – SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN (“SUB”) – NO CLAWBACK:
Any employer can utilize a SUB to increase employees’ weekly earning during a period of unemployment, when they are unemployed as a result of a temporary stoppage or shortage of work, training, illness, injury or quarantine. Payments from SUBs must be registered with Service Canada – they are not considered to be earnings and are not deducted from EI (sick and regular) benefits.
SUBs must be registered by Service Canada, as of the date on which the application for the SUB is filed by the employer. SUBs must be registered before the effective date of the SUB. If a SUB plan is not registered, at least currently, any top-up payments by the employer to EI (sick or regular) benefits will be deemed as “earnings”, and be subject to deduction or claw-back, as explained above.
More information about SUBs is available here:
https://www.canada.ca/en/privy-council/corporate/transparency/reporting-spending/departmental-results-reports/2016-2017/supporting-information-sub-programs.html
A sample SUB is available here:
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/reports/supplemental-unemployment-benefit/sample.html
PROVINCIAL (ESA) LEAVES OF ABSENCE AND EI BENEFITS – TIED TOGETHER:
Note that the new, statutory leaves of absence authorized by Ontario in response to COVID-19 are tied to, and rely on, the federal EI program to compensate employees while they are away from work. However, this is subject to change depending on what funding is allocated to the program in response to the COVID-19 pandemic.
More information about Ontario’s COVID-19-related authorized leaves of absence can be found here:
http://wardlegal.ca/31582887996624
COURT RELEASES IMPORTANT DECISION TO SEPARATED PARENTS - WORK TOGETHER - DO NOT USE COVID-19 TO TRY TO GAIN A TACTICAL PARENTING ADVANTAGE
The COVID-19 pandemic requires urgent communication, co-operation and flexibility between separated and divorced co-parents.
Both co-parents and their child(ren) must isolate at home, like everyone else. This may require adjustments to existing parenting orders or arrangements.
Please refer to our earlier article regarding advice and guidance to separated parents during this pandemic here: http://wardlegal.ca/31582887996602
In the meantime, the Superior Court has released a very important decision, which all separated and divorced parents should read carefully, particularly if there is any parenting dispute arising from, or during, this pandemic.
The Superior Court is closed, subject only to truly urgent motions, including for family law matters.
Here, the mother sought to deny access to the father due to her concerns about COVID-19 and that the father would not take precautionary measures to protect the children.
The Court's decision appears below. Notably, the Court denied granting any relief, as it was not deemed to be urgent. More importantly, the Court, if not expressly, than by inference, admonishes all parents against attempting to gain any tactical advantage related to the COVID-19 crisis.
The Court's decision:
March 24, 2020 Triage Judge Endorsement (COVID-19 Protocol)
SUPERIOR COURT OF JUSTICE, FAMILY COURT (HAMILTON) File #: 517/19
File Name: Ribeiro v Wright
1 AS A RESULT OF COVID-19 which has caused the suspension of regular Superior Court of Justice operations at this time, as set out in the Notice to the Profession
dated March 18, 2020, this matter was referred to me as Triage Judge, for a determination as to how the file is to proceed. See the Notice to the Profession dated March 18, 2020 available at https://www.ontariocourts.ca/scj/covid-19-
suspension-fam/
2 Electronic materials were filed through the Courthouse email address: Hamilton.Family.Superior.Court@ontario.ca Upon the resumption of court operations all materials will be duly filed in the physical record at the courthouse.
3 At this point I have received and reviewed:
a. Emergency Notice of Motion of Applicant dated March 22, 2020 (with the return date marked “To Be Determined”.
b. Affidavit of the Applicant dated March 22, 2020.
4 The issue:
a. The parties have had joint custody of their now nine year old son since a final order in 2012. Primary residence has always been with the mother.
b. The father has always had access. In 2019 he brought a motion to expand parenting time. That motion is currently outstanding.
c. The most recent access arrangement is set out in a (consent) temporary order dated September 6, 2019. The father has access on alternate weekends from
Friday 6:00 p.m. to Sunday at 6:30 p.m.
d. The mother has brought an urgent motion to suspend all in-person access because of COVID-19.
e. The mother expresses concern that the father will not maintain social distancing for the child during periods of access.
f. In any event, the mother says she and her family are practicing social isolation in their home for the duration of the COVID-19 crisis. She doesn’t want her son leaving the home for any reason – including seeing the father.
5 I want to clearly explain why, as Triage Judge, I am not authorizing this matter proceeding as an urgent hearing at this time.
6 The health, safety and well-being of children and families remains the court’s foremost consideration during COVID-19. This is an extremely difficult and stressful
period for everyone.
7 On the one hand, in this case there is an existing parenting order. There is a presumption that all orders should be respected and complied with. More to the point, there is a presumption that the existing order reflects a determination that meaningful personal contact with both parents is in the best interests of the child.
8 On the other hand, the well-publicized directives from government and public health officials make it clear that we are in extraordinary times; and that our daily routines and activities will for the most part have to be suspended, in favour of a strict policy of social distancing and limiting community interactions as much as possible.
9 Parents are understandably confused and worried about what to do. Similarly, this is uncharted territory for our court system. We all have to work together to show flexibility, creativity and common sense – to promote both the physical and emotional well-being of children.
10 None of us know how long this crisis is going to last. In many respects we are going to have to put our lives “on hold” until COVID -19 is resolved. But children’s lives –
and vitally important family relationships – cannot be placed “on hold” indefinitely without risking serious emotional harm and upset. A blanket policy that children should never leave their primary residence – even to visit their other parent – is
inconsistent with a comprehensive analysis of the best interests of the child. In troubling and disorienting times, children need the love, guidance and emotional support of both parents, now more than ever.
11 In most situations there should be a presumption that existing parenting arrangements and schedules should continue, subject to whatever modifications may
be necessary to ensure that all COVID-19 precautions are adhered to – including strict social distancing.
12 In some cases, custodial or access parents may have to forego their times with a child, if the parent is subject to some specific personal restriction (for example, under
self -isolation for a 14 day period as a result of recent travel; personal illness; or exposure to illness).
13 In some cases, a parent’s personal risk f actors (through employment or associations, for example) may require controls with respect to their direct contact with a child.
14 And sadly, in some cases a parent’s lifestyle or behaviour in the face of COVID -19 (for example, failing to comply with social distancing; or failing to take reasonable health-precautions) may raise sufficient concerns about parental judgment that direct parent-child contact will have to be reconsidered. There will be zero tolerance for any parent who recklessly exposes a child (or members of the child’s household) to any COVID-19 risk.
15 Transitional arrangements at exchange times may create their own issues. At every stage, the social distancing imperative will have to be safeguarded. This may result
in changes to transportation, exchange locations, or any terms of supervision.
16 And in blended family situations, parents will need assurance that COVID-19 precautions are being maintained in relation to each person who spends any amount
of time in a household – including children of former relationships.
17 Each family will have its own unique issues and complications. There will be no easy answers.
18 But no matter how difficult the challenge, for the sake of the child we have to find ways to maintain important parental relationships – and above all, we have to find ways to do it safely.
19 Most of our social, government and employment institutions are struggling to cope with COVID-19. That includes our court system. Despite extremely limited
resources, we will always prioritize cases involving children. But parents and lawyers should be mindful of the practical limitations we are facing.
20 If a parent has a concern that COVID-19 creates an urgent issue in relation to a parenting arrangement, they may initiate an emergency motion – but they should not presume that the existence of the COVID-19 crisis will automatically result in a suspension of in-person parenting time. They should not even presume that raising COVID-19 considerations will necessarily result in an urgent hearing.
21 We will deal with COVID-19 parenting issues on a case-by-case basis.
a. The parent initiating an urgent motion on this topic will be required to provide specific evidence or examples of behavior or plans by the other parent which are
inconsistent with COVID-19 protocols.
b. The parent responding to such an urgent motion will be required to provide specific and absolute reassurance that COVID-19 safety measures will be meticulously adhered to – including social distancing; use of disinfectants;
compliance with public safety directives; etc.
c. Both parents will be required to provide very specific and realistic time-sharing proposals which fully address all COVID-19 considerations, in a child-focused manner.
d. Judges will likely take judicial notice of the fact that social distancing is now becoming both commonplace and accepted, given the number of public facilities which have now been closed. This is a very good time for both custodial and access parents to spend time with their child at home.
22 Everyone should be clear about expectations during this crisis. Parents want judges to protect their children. But with limited judicial resources and a rapidly changing landscape, we need parents to act responsibly and try to attempt some simple problem-solving before they initiate urgent court proceedings.
23 Judges won’t need convincing that COVID-19 is extremely serious, and that meaningful precautions are required to protect children and families. We know there’s a problem. What we’re looking f or is realistic solutions. We will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and COVID-19 awareness.
24 In family court we are used to dealing with parenting disputes. But right now it’s not “business as usual” for any of us. The court system will always be here to deal with truly urgent matters, especially involving children. But that means there will be little time or tolerance f or people who don’t take parenting responsibilities or COV ID-19 seriously.
25 I have carefully reviewed the materials filed on this case. Even in the absence of responding materials from the father, I have had the benefit of considering the e-mails he exchanged with the Applicant’s lawyer in relation to COVID -19 considerations.
26 While the mother’s concerns about COVID -19 are well-founded, I am not satisfied that she has established a failure, inability or refusal by the father to adhere to appropriate COVID-19 protocols in the future.
27 Every member of this community is struggling with similar, overwhelming COVID-19 issues multiple times each day.
a. The disruption of our lives is anxiety producing for everyone.
b. It is even more confusing for children who may have a difficult time understanding.
c. In scary times, children need all of the adults in their lives to behave in a cooperative, responsible and mature manner.
d. Vulnerable children need reassurance that everything is going to be ok. It’s up to the adults to provide that reassurance.
e. Right now, families need more cooperation. And less litigation.
28 I would urge both parents in this case to renew their efforts to address vitally important health and safety issues for their child in a more conciliatory and productive manner.
29 My denial of authorization to proceed with an urgent motion is without prejudice to the issue being returned to court if more serious and specific COVID-19 problems arise.
Any future motion would again have to be reviewed by the Triage Judge. However, I hope that both parents will understand the limitations of the family court process at this critical time.
30 None of us have ever experienced anything like this. We are all going to have to try a bit harder – for the sake of our children.
Justice A. Pazaratz
(Original copy will be placed in court file)
COVID-19: BUSINESS OWNERS - CHECK YOUR COMMERCIAL POLICY - YOU MAY HAVE A CLAIM FOR BUSINESS INTERRUPTION INSURANCE
Generally, business interruption insurance is part of first-party commercial property insurance.
Usually, the insurer agrees to pay to, or reimburse, the business owner for the actual loss of business income the business experienced because of the interruption to the business itself, including while the business if being restored, when the interruption was caused by direct physical loss, damage, or destruction to property, caused by an insured against peril.
Accordingly, physical damage to the place of business is a prerequisite.
In addition, the interruption must have been caused by the physical damage.
With COVID-19, it may be problematic to prove direct physical loss or damage.
Furthermore, it not uncommon for a business interruption policy to exclude perils such as viruses and disease.
There may also be problems establishing that virus caused the business losses. For example, for businesses deemed to be "essential" by the Ontario Government, the insurer may take the position that, for example, the losses were caused by the owner's decision to preemptively close the business due to fear of the virus.
For "essential" businesses, that may not be such an issue.
In any event, insurers do sell policy coverage and endorsements offering protection for business interruption caused by a disease. If any owner had such coverage, it would be advisable to consider making a claim.
There may also be an insurance endorsement covering business loss sustained by the owner due to an inability to access the business premises, particularly where it is prohibited by any government order, or the directive of any other civil authority. This is certainly the case currently for "non-essential" businesses in Ontario. It is also likely that more businesses will, in the near future, be declared "non-essential", as the virus progresses throughout our province.
Moreover, a business owner may also have purchased “contingent business interruption” coverage, which protects the business from losses resulting from damage caused by interruption of supply. However, often the business interruption must be caused by damage to the suppliers’ property.
Often whether there is available coverage will depend on the specific language in the policy or endorsement; not all policies are the same - there is no standard language. In fact, may policies vary in terms of the language and coverage options. It will also depend on the nature of the loss, having regard to the language of the policy.
Therefore, if you are a business owner with a commercial insurance policy, you should promptly review your policy and speak to your insurance broker for additional guidance. Ultimately a claim should potentially be considered for business loss arising from COVID-19 and the municipal, provincial and federal government's remedial responses to the virus pandemic.
Indeed, keep a watchful eye on this issue, as the governments' response will surely develop and change as the virus continues to spread.
Interestingly, the March 18, 2020 “National Law Review” reports that a lawsuit was commenced by a restaurant owner in the State of Louisiana asking for the Court declare that its insurance policy did not contain any exclusion for viral pandemic. The owner claimed the commercial policy covers the restaurant business for any future government-related shutdown orders, due to physical loss from COVID-19 contamination. The owner also claimed the insurer should be legally required to provide income coverage if COVID-19 were to contaminate the restaurant.
The owner basically claimed that contamination of the insured place of business by COVID-19 constitutes a direct physical loss, thereby necessitating remediation to clean the surfaces of the establishment.
The Court has not made its final decision, but certainly the issue is already being raised judicially.
Mind you, this is entirely different jurisdiction, whose laws do not apply directly in Ontario.
This said, this issue is certainly to find its way into the Ontario Courts in the near future, if not already.
What should you, as a business owner, do?
If you have a commercial insurance policy, review it.
Contact your broker for his or her advice on whether business interruption insurance should be claimed to the insurer.
Ultimately it is the insurer who must either allow or deny the claim - a broker cannot do so and you should not exclusively rely on your broker's advice about whether to bring a claim, or not - rather, your broker's advice and guidance is a factor to consider in your decision.
Even if a tenable claim cannot now be made, that may change in the future, as the uncertainty of this virus continues to move forward.
I'M IN AN "ESSENTIAL WORKPLACE" - DO I HAVE TO GO TO WORK? I'M WORRIED. NOT IF YOU QUALIFY FOR EMERGENCY LEAVE
The Ontario Government has ordered the mandatory closure of all non-essential workplaces, effective March 24, 2020 at 11:59 p.m. This order will be in effect for fourteen days with the possibility of being extended as the circumstances evolve.
Here is a list of “essential workplaces” in Ontario, as declared:
ttps://s3.amazonaws.com/files.news.ontario.ca/opo/en/2020/03/list-of-essential-workplaces-2.html
For the purposes of this order, businesses include any for-profit, non-profit or other entity providing the goods and services described by the list. This does not preclude the provision of work and services by entities not on the list either online, by telephone or by mail/delivery. Furthermore, teleworking and online commerce are permitted at all times for all businesses. Businesses can operate virtually and remotely, in other words.
If there is any issue whether an organization constitutes an “essential workplace”, the Government also announced that it will be setting up a 1-800 number and Web site for inquiries.
If your employer is an “essential workplace”, you may be legally permitted not to attend work due to COVID-19.
Your position will be job-protected, but your employer will not be required to pay your regular pay during your leave of absence. However, the federal Government has established new employment insurance (“EI”) benefits to correspond with these measures by Ontario. They are intended to work together.
Employer’s Duty to Provide a Safe Work Environment:
Firstly, for background on the issue, employers have an obligation to ensure the safety of their workers under occupational health and safety legislation. That obligation includes taking every reasonable precaution in the circumstances for the protection of their workers, even in the situation of a pandemic. They are expected to put the necessary measures in place to protect workers from infectious diseases, and inform, instruct and supervise workers in order to protect their health and safety.
Since March 13, 2020, the Public Health Agency of Canada and various other public health authorities have recommended that Canadians self-isolate for a period of fourteen days if:
they have travelled anywhere outside of Canada (including the United States of America).
they live with, provided care for, or spent extensive time with someone who:
has tested positive for COVID-19; or
is suspected of having COVID-19; or
has respiratory symptoms (fever, cough, or shortness of breath) that started within fourteen days of travel outside of Canada.
If you meet any of these requirements, you should immediately self-isolate at home only.
New Infectious Disease Emergency Leave (i.e., COVID-19):
We now have "declared emergency" and "infectious disease emergencies" leaves of absence from the workplace, per the new legislation the Ontario government passed very recently, retroactive to January 25, 2020; namely, Bill 186 – the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, to amend the job-protected leaves of absence under the Employment Standards Act, 2000 (ESA) (“Bill 186).
Under this new legislation, employees of “essential workplaces” are entitled to take an unpaid leave of absence if they are unable to work for any of the following reasons:
- the employee is under individual medical investigation, supervision, or treatment, in connection with COVID-19;
- the employee is acting in accordance with an order by a medical officer of health or by the Ontario Court of Justice under the Health Protection and Promotion Act;
- the employee is in isolation, quarantine, or subject to some other control measure (including self-isolation) where the employee is acting in accordance with public health information or directions issued by a public health official, a qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council, or board of health;
- the employee is acting in accordance with a direction of the employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease;
- the employee needs to provide care or support to a specified individual (as set out below), for example because of a school or daycare closure;
- the employee cannot return to Ontario as a result of travel restrictions related to the designated infectious disease; and/or
- any other reasons(s) that the Government may further declare.
Incidentally, COVID-19 has been designated as a designated infectious disease.
For both declared emergencies and designated infectious disease emergencies, the leave is available if the employee cannot perform their job duties as a result of having to provide care or support for a specified individual. Bill 186 significantly expands the list of specified individuals to increase the availability of the leave. The specified individuals for the purposes of these leaves are:
- the employee’s spouse;
- a parent, step-parent or foster parent of the employee or the employee’s spouse;
- a child, step-child or foster child of the employee or the employee’s spouse;
- a child who is under legal guardianship of the employee or the employee’s spouse;
- a brother, step-brother, sister or step-sister of the employee;
- a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse;
- a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee;
- a son-in-law or daughter-in-law of the employee or the employee’s spouse;
- an uncle or aunt of the employee or the employee’s spouse;
- a nephew or niece of the employee or the employee’s spouse;
- the spouse of the employee’s grandchild, uncle, aunt, nephew or niece;
- a person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met; and
- any individual prescribed as a family member by the Government for the purposes of the above.
Employees wishing to take this Infectious Disease Emergency Leave will not be required to provide a medical note to employers. However, employers can require that employees provide evidence that is reasonable in the circumstances (at a time that is reasonable in the circumstances) to substantiate their absence. The official for Bill 186 suggests that employers can request things such as a note from a daycare or evidence of a cancelled flight. Employers are permitted to request supporting evidence of entitlement from an employee who takes the leave; however, this right is somewhat qualified. The evidence requested must be “reasonable in the circumstances” and must be provided at a time that is also “reasonable in the circumstances.” Importantly, the employer is not permitted to request a medical certificate as evidence of entitlement to the leave.
The job protection under Bill 186 is retroactive to January 25, 2020, which is the date that the first presumptive COVID-19 case was confirmed in Ontario. The Ontario Government indicates that these measures will remain in place “until COVID-19 is defeated”.
Declared Emergency Leave:
In addition to the Infectious Disease Emergency Leave, the Declared Emergency Leave remains available to all employees, if an employee cannot perform his or her job duties as a result of a declared emergency under Ontario’s Emergency Management and Civil Protection Act (EMCPA) and:
- because of an order that applies to the employee under the EMCPA;
- because of an order that applies to the employee under the Health Protection and Promotion Act;
- because the employee is needed to provide care or assistance for a specified individual (as set out above); or
- any other reason that may be prescribed by the Government.
The Declared Emergency Leave is also unpaid and will be available for the duration of the declared emergency.
The usual ESA protections for statutory leaves of absence apply equally to these new emergency leaves, including anti-reprisal provisions, the right to continue to participate in certain benefits unless the employee opts not to continue to pay their share of the premiums (if any), and the right to reinstatement.
COVID-19 continues to have a significant impact on Canadian workplaces resulting in employers having to layoff staff due to work shortages and temporary closures. Employers should proceed with caution and obtain legal advice before seeking to temporarily layoff an employee who may be eligible for an ESA leave. The amendments also provide flexibility to employees in terms of providing supporting evidence of the entitlement to the leave. It is conceivable that in certain circumstances, it would be reasonable for an employee to provide evidence after the leave is taken.
Should My Employer Pay Me During my Emergency Leave?
The question of whether an employer should remunerate an employee during the fourteen-day shutdown period can be complex. There is no one-size-fits-all approach.
Employees who are not employed by essential workplaces, or who qualify for the new emergency leaves, may also apply for the corresponding EI benefits now available from the federal Government.
What if an employee has symptoms but does not meet the requirements to self-isolate?
If an employee has the symptoms of COVID-19 (coughing, and/or difficulty breathing), they should not be attending work. If they are febrile, they may have contracted an infectious virus and should not be in the workplace. They should go home and come back to work when the fourteen-day period has elapsed or when a medical professional authorizes them to return to work.
What if an employee does not want to self-isolate?
If an employer has a reasonable basis to believe that an employee should be self-isolating (i.e., meeting one of the public health-identified criteria for self-isolation) management should make careful notes of the basis for that belief and send the employee home. They should direct him or her not to come to work for the duration of the self-isolation fourteen-day period. Employers have a duty to ensure the safety of the workplace and must weigh the balance between employee wishes and workplace safety.
What if an employee wants to social distance and work-from-home?
Given the advice from public health authorities, many employers are utilizing remote work as a means to promote social distancing. Prime Minister Justin Trudeau has advised all Canadians to work from home where possible. From both a public health and occupational safety perspective, working from home is a sound policy to implement , provided it is feasible for your workplace.
Public health authorities recognize, however, that there are a number of workplaces where remote work is not possible. Even in circumstances where an employee is not required to self-isolate or cannot work remotely, all employees should exercise precaution and self-monitor for symptoms of COVID-19. Employers should inform their employees of their duty to abstain from work and to report any symptoms or risk of COVID-19 to their employer during this crisis.
Does an employer have to pay an employee during quarantine?
There is no one-size-fits-all approach to the issue of whether an employer must pay an employee that is self-isolating, and will depend on the particular circumstances. No matter what, employers should be clear with the employee, in writing via email, about whether they will/will not be paid during the quarantine period. The employer's message should be sympathetic, and should confirm in writing exactly what is changing for that employee, and that the steps taken are a temporary necessity.
In addition, the Federal government has initiated new, corresponding measures to support workers affected by COVID-19 and placed in quarantine:
the one-week waiting period for EI sickness benefits will be waived for new claimants who are quarantined;
a new dedicated toll-free phone number is established to support enquiries related to waiving the EI sickness benefits waiting period;
employees claiming EI sickness benefits due to quarantine are not required to provide a supporting medical certificate; and
employees who cannot complete their claim for EI sickness benefits due to quarantine are permitted to apply later and have their EI claim backdated to cover the period of delay.
COVID-19 - NON-ESSENTIAL? LAID OFF AT WORK? WHAT YOU NEED TO KNOW. YOUR RIGHTS.
Due the shutdown of non-essential workplaces, effective March 24, 2020, many employers will be considering temporarily laying off employees, at those employers who do not qualify as “essential workplaces”.
This is not a risk-fee, easy-to-do step by an employer, despite the catastrophic circumstances.
Ontario’s Employment Standards Act, 2000 (the “ESA”) allows employers to invoke a temporary layoff, which does not amount to a termination or severance of employment.
Temporary Lay Off – Defined:
A temporary lay off is:
1. a layoff of not more than 13 weeks, in any period of 20 consecutive weeks;
2. a layoff of more than 13 weeks, in any period of 20 consecutive weeks, if the layoff is less than 35 weeks in any period of 52 consecutive weeks and:
the employee continues to receive substantial payments from the employer;
the employer continues to make payments for the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or employee insurance plan;
the employee receives supplementary unemployment benefits;
the employee is employed elsewhere during the layoff and would be entitled to receive supplementary unemployment benefits if that were not so;
the employer recalls the employee within the time approved by the Director of Employment Standards;
in the case of an employee who is not represented by a union, the employer recalls the employee within the time set out in an agreement between the employer and the employee; or
3. in the case of an employee represented by a union, a layoff longer than a layoff described in clause 2 above, where the employer recalls the employee within the time set out in an agreement between the employer and the union (i.e., recall rights in a collective agreement).
Any employers who temporarily lays an employee off, without specifying a recall date, is deemed not to have terminated the employ of the employee, unless the period of the layoff exceeds that of a temporary layoff.
So, if a layoff exceeds this period above, an employee will be deemed to have been terminated and, therefore, will be entitled to ESA termination pay and severance pay, if applicable.
In addition to providing pay in lieu of notice when a layoff exceeds the period in which it is considered temporary, employers in Ontario must provide employees who have more than five years of service with statutory severance pay when the layoff exceeds 35 weeks in a 52 week period. Similarly, federally regulated employers are required to pay statutory severance pay when a layoff exceeds certain timeframes.
Employers are not required to provide employees with notice in advance of a temporary layoff, but unionized employers may be subject to notice requirements under their collective agreements, which may create significant difficulty due to the Ontario Government’s reasonably unexpected order.
In a unionized workplace, there may also be layoff and recall procedures that must be followed.
In addition, if the layoff of a unionized employee extends beyond 34 weeks (i.e. lasts for 35 weeks or more) and the employer and the union have an agreement that requires a recall period of 35 weeks or more, the employee may elect to take statutory termination pay and severance pay, if applicable, or retain their recall rights, but not both.
Mass Layoffs:
The notice/pay in lieu of notice to which employees are entitled increases significantly when a layoff is considered a mass layoff. Layoffs are considered to be mass layoffs when:
more than 10 employees are impacted within certain periods of time in New Brunswick, Newfoundland and Labrador, Nova Scotia and Saskatchewan; and
more than 50 employees are impacted within certain periods of time in Alberta, BC, Manitoba and Ontario.
In addition, employers in many provinces must provide notice, sometimes in a specific form, to the government. The same applies for federally regulated employers.
If the lay off exceeds the required temporary period, there are also exceptions to an employer’s obligation to provide notice/pay in lieu of notice, including severance pay, if applicable, under the ESA, such as:
• when the employment contract is impossible to perform due to:
• unforeseeable or unpreventable causes beyond the employee's control; or
• a fortuitous or unforeseeable event or circumstance;
• the temporary or indefinite termination of employment because of lack of work; or
• the actions of any government authority that directly affects the operations of the employer.
These exceptions would, it appears, clearly be invoked by the COVID-19 pandemic and, if so, an employee may not be entitled to any statutory pay.
When employees are temporarily laid off, employers should issue Records of Employment, so the employees may apply for Employment Insurance (“EI”) benefits, if they qualify.
The Legal Debate:
Historically, even thought the ESA permits lay offs, if there is no term in an employment agreement (express or implied) permitting temporary layoffs (or in some cases an established practice relating to temporary layoffs), a layoff, even if intended to be temporary, may result in the risk of constructive dismissal claims. In other words, even if a temporary layoff under the ESA is carried out properly, such that employment is not deemed terminated under the ESA, if there is no agreement to the contrary and/or a well established practice, a unilateral layoff by an employer may result in triggering a termination of employ, pursuant to Ontario’s common law (i.e., Judge-made law).
However, COVID-19 is unprecedented. As a result, it is doubtful that the traditional legal approach would prevail, if an employee were to sue due to being temporarily laid off. Arguably there is an implied term in every employment relationship that a temporary lay off would be permissible in these catastrophic circumstances, particularly if an employer has been ordered shut down by the Government.
In addition, the virus and its extraordinary implications may create an argument that an employment relationship has been frustrated, unable to be performed due to circumstances beyond the parties’ control or management. Frustration is a legal principle providing that an unforeseen change to the circumstances underlying the contract, through no fault of the parties, renders the contract incapable of performance.
Moreover, a constructive dismissal claim may arise where there has been a unilateral change by the employer, which substantially alters an essential term of the parties’ employment contract, verbal or in writing. Therefore, if a change to the terms and conditions of employment are not imposed by the employer, but are rather imposed as a result of a mandatory closure ordered by the Ontario Government, it is very questionable in these extraordinary circumstances whether an employee would be able to successfully argue that the temporary layoff constitutes a constructive dismissal. An employee claiming constructive dismissal also has an obligation to mitigate any damages they allege to have suffered, which means that if a laid off employee is recalled to work and declines, a Court may subsequently determine that the employee failed to mitigate his or her damages, reducing the amount awarded for the termination.
Some employers, if financially able to do so, should consider continuing benefits and/or providing supplementary unemployment benefits to qualify for the longer temporary layoff period under the ESA.
Finally, employees are also entitled to a job-protected, unpaid leave of absence if the employee will not be performing the duties of his or her position due to emergency declared under Ontario’s Emergency Management and Civil Protection Act (“EMCPA”). Employees may also qualify for infectious disease leave of absence, too, being a job-protected, unpaid leave of absence as well, for which EI benefits are also available.
COVID-19: HUMAN RIGHTS PROTECTIONS FOR EMPLOYEES. NO DIFFERENT TREATMENT. ABILITY TO REFUSE WORK.
Employees in Ontario are protected by Ontario's Human Rights Code (the "Code") in terms of the COVID-19 pandemic. Currently, those protections include:
Assuming that someone has the virus because they happen to have exhibited one of the symptoms of the virus and because of an assumption about where they are from based upon how they look would most likely be considered discrimination.
If an employer were aware of this differential treatment and chose to do nothing about it, they could be exposed to liability since employers are in most cases vicariously liable for the actions of their employees.
Differential treatment related to this virus is not permissible.
Employers should likely go further and communicate that any employee who behaves in such a manner will be subject to corrective action and, possibly, discipline.
Anne Lemay and Nathan Hoo, Gowlings WLG, published March 19, 2020, via Lexology.com
I'M WORRIED. I HAVE TO TAKE CARE OF MY KIDS. DO I HAVE TO GO TO WORK? WHAT ARE MY OPTIONS?
You have options and may be legally permitted not to attend work. Your position will be job-protected, but your employer will not be required to pay your regular pay during your leave of absence.
We now have "declared emergency" and "infectious disease emergencies" leaves of absence from the workplace, per the new legislation the Ontario government passed very recently, retroactive to January 25, 2020:
[Bill 186 – the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, to amend the job-protected leaves of absence under the Employment Standards Act, 2000 (ESA)]:
Declared Emergencies:
The amended declared emergency leave remains available if an employee cannot perform his or her job duties as a result of a declared emergency under the Emergency Management and Civil Protection Act (EMCPA) and:
- because the employee is needed to provide care or assistance for a specified individual (as set out below); or
- any other reason that may be prescribed by regulation.
The declared emergency leave is unpaid and will be available for the duration of the declared emergency.
Infectious Disease Emergencies:
The new infectious disease emergencies leave is available only for “designated infectious diseases, ” which means that the particular disease must be designated in a regulation under the ESA. Once a disease is designated, the unpaid, job-protected leave is available if an employee will not be performing their job duties as a result of one or more of the following reasons related to the designated infectious disease:
- the employee is under individual medical investigation, supervision, or treatment;
- the employee cannot return to Ontario as a result of travel restrictions related to the designated infectious disease; or
any other reasons that may be prescribed by regulation.
COVID-19 has been designated as a designated infectious disease.
- the employee’s spouse.
- a parent, step-parent or foster parent of the employee or the employee’s spouse.
- a child, step-child or foster child of the employee or the employee’s spouse.
- a child who is under legal guardianship of the employee or the employee’s spouse.
- a brother, step-brother, sister or step-sister of the employee.
- a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
- a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
- a son-in-law or daughter-in-law of the employee or the employee’s spouse.
- an uncle or aunt of the employee or the employee’s spouse.
- a nephew or niece of the employee or the employee’s spouse.
The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
Any individual prescribed as a family member for the purposes of this section.
Employers are permitted to request supporting evidence of entitlement from an employee who takes the leave; however, this right is somewhat qualified. The evidence requested must be “reasonable in the circumstances” and must be provided at a time that is also “reasonable in the circumstances.” For a designated infectious disease emergency leave, the employer is not permitted to request a medical certificate as evidence of entitlement to the leave.
On March 17, 2020, Ontario passed an Order-in-Council declaring the COVID-19 outbreak to be an “emergency” under the Emergency Management and Civil Protection Act (EMCPA). This declaration enables the government to access a broad number of general powers set out under the EMCPA to respond to the emergency. The government used these powers to issue two orders to assist in reducing the spread of COVID-19. The first order requires the following establishments to remain closed until March 31, 2020:
- all facilities providing indoor recreational programs;
- all public libraries;
- all private schools under the Education Act;
- all licensed child care centres;
- all bars and restaurants (except takeout food and delivery);
- all theatres and movie cinemas; and
- all concert venues.
The second order prohibits all “organized public events of over fifty people.” This order includes parades, events, and communal services within places of worship, and will also extend to March 31st, 2020, unless terminated earlier.
The rapid introduction and passing of Bill 186 to provide job-protected, unpaid leave entitlements to employees is part of the Ontario government’s response to manage the ongoing impact of the COVID-19 pandemic.
Credit: Emond Harnden - ehlaw.ca, published Mar. 20, 2020
YOUR COMPLETE GUIDE TO EI BENEFITS AVAILABLE TO YOU DURING THIS CRISIS
Post by: Jason Ward in /EmploymentHard Labour - Employment
If you have been laid off, cannot attend work due to the virus, or must stay home to care for children due to the school closures, here is a complete guide to the federal government’s Employment Insurance benefits available to you during this crisis and emergency, including answering your questions about being self-employed and “top-ups” from your employer, if any.
EMERGENCY BENEFITS AVAILABLE FROM THE FEDERAL GOVERNMENT:
Employees and parents are entitled to apply for new financial assistance through EI due to the COVID-19 crisis; specifically:
[1] a short-term Emergency Care Benefit, offering up to $900.00 bi-weekly, for up to 15 weeks, administered through the Canada Revenue Agency (“CRA”), available to:
[a] employees (including self-employed, gig economy and freelance workers), quarantined or sick with COVID-19, but do not qualify for regular EI sickness;
[b] employees (including self-employed, gig economy and freelance workers), taking care of a family member who is sick with COVID-19, including an elderly parent, but who do not quality for EI sickness benefits; or
[c] parents who care or supervise their child(ren) because of the school closures and, as a result, cannot attend work and earn any income, regardless whether that parent may otherwise qualify for EI benefits.
Applications for this benefit cannot be made until April, 2020. Each applicant will have to verify he or she is eligible for the benefit, including ongoing verification while the benefit is being received. A doctor’s note will not be required.
[2] a longer-term Emergency Support Benefit (i.e., income support program) for employees, administered through the CRA, offering up to $5 billion in support to workers who are ineligible for EI and are, or will be, unemployed, together with a proposed, one-time special funding payment by May of 2020 to low and modest-income families, administered through the Goods and Services Tax Credit – it is estimated that the average increase to income for those benefitting from this funding measure will be approximately $400.00 for single individuals and close to $600.00 for couples;
[3] an increase to the maximum annual Canada Child Benefit payment amounts for the 2019-20 benefit year by $300.00 per child;
[4] emergency funding for targeted groups, who may be more vulnerable to the effects of COVID-19, including First Nations, Inuit and Metis Nation communities, and people repaying their student loans; and
[5] EI sickness benefits, providing up to 15 weeks of income replacement to eligible workers unable to work due to illness, injury or quarantine, intended to give workers adequate time to return to good health and to work, including those quarantined due to COVID-19, who are eligible for this benefit, too. Note: [a] the usual one-week wait period for EI sickness benefits will be waived for new claimed quarantined, so they are paid for the initial week of their claim; [b] priority EI application processing will reportedly be utilized for those claiming EI sickness benefits due to quarantine, who do not need to provide a doctor’s note or medical certificate in order to apply and receive this benefit; [c] it remains uncertain if a qualified worker will be required to provide ongoing updates and reporting, such as every two weeks, verifying continuous qualification for the benefit; and [d] workers who are unable to complete their claims for EI sickness benefits because of quarantine may apply in future and their claims will reportedly be backdated to over the quarantine-related delay;
QUALIFYING FOR EI SICKNESS BENEFITS (ELIGIBILITY):
To qualify for EI sickness benefits, you must:
[1] be employed in insurable employ;
[2] have had your normal weekly earnings have been reduced by more than 40%;
[3] have accumulated at least 600 hours of insurable employment during the qualifying period; and
[4] be self-employed, registered for EI and submitting premiums for at least one year.
If you are ineligible for EI sickness benefits, you may qualify for regular EI benefits.
More information is available about qualifying for regular EI benefits here:
https://www.canada.ca/en/services/benefits/ei.html.
SELF-EMPLOYED:
If you are self-employed, you can access EI special benefits by entering into an agreement, or registering, with the Canada Employment Insurance Commission. There are six types of EI special benefits currently:
Maternity benefits are for people who are away from work because they’re pregnant or have recently given birth (up to 15 weeks).
Parental benefits are for parents who are away from work to care for their newborn or newly adopted child. When applying for parental benefits, you need to choose between 2 options: standard or extended.
Up to 40 weeks of standard parental benefits can be paid to parents sharing benefits, but one parent cannot receive more than 35 weeks. If parents share benefits, they must choose the same option.
Up to 69 weeks of extended parental benefits can be paid to parents sharing benefits, but one parent cannot receive more than 61 weeks. If parents share benefits, they must choose the same option.
Sickness benefits are for people who cannot work due to injury, illness, or the need to be isolated in quarantine because they may be carrying a disease (up to 15 weeks).
Compassionate care benefits are for caregivers who must be away from work temporarily to provide care or support to a person who is seriously ill with a significant risk of death (up to 26 weeks). The 26 weeks of benefits can be shared between different caregivers who applied and are eligible to receive them.
The family caregiver benefit for children is for caregivers who must be away from work to provide care or support to a critically ill or injured child under 18. Either one or more caregivers can share up to 35 weeks of benefits between them.
The family caregiver benefit for adults is for caregivers who must be away from work to provide care or support to a critically ill or injured adult. Either one or more caregivers can share up to 15 weeks of benefits between them.
More information for self-employed individuals and EI benefits is here:
https://www.canada.ca/en/services/benefits/ei/ei-self-employed-workers.html
https://www.facebook.com/jwpeppaTest/posts/3595895590481430?__tn__=K-R
COVID-19 - CAN MY EMPLOYER FORCE ME TO STAY OR WORK FROM HOME? IF SO, DOES MY EMPLOYER STILL HAVE TO PAY ME?
Pending a provincial lock-down, except for essential services, which is imminently expected in Ontario, many employees are concerned about the ability of their employer to disallow them attending work.
The other issue is entitlement to pay for employees who are requested not to attend work, or who elect to take a new, statutory leave of absence related to COVID-19 and its implications.
Below is a very good explanation of these issue, as it currently stands in Ontario, and subject to further directives from both the provincial and federal government.
All of this is subject to change at any time as the provincial and federal response to this pandemic modulates and develops:
As a result of the recent COVID-19 pandemic Canadian health authorities over the past week have requested that individuals exercise social distancing, and in certain circumstances self-isolation, to stymie the spread of the virus. Many employers are in the difficult position of determining how they can implement these public health measures in their workplace.
Duty to Provide a Safe Work Environment
Employers have an obligation to ensure the safety of their workers under occupational health and safety legislation. That obligation includes taking every reasonable precaution in the circumstances for the protection of their workers, even in the situation of a pandemic. They are expected to put the necessary measures in place to protect workers from infectious diseases, and inform, instruct and supervise workers in order to protect their health and safety.
Since March 13, 2020, the Public Health Agency of Canada and various other public health authorities have recommended that Canadians self-isolate for a 14-day period if:
has respiratory symptoms (fever, cough, or shortness of breath) that started within 14 days of travel outside of Canada.
Should an employee meet any of the above requirements, they should self-isolate at home.
The question of whether an employer should remunerate an employee during the 14-day period can be complex. There is no one-size-fits-all approach, and it is recommended that employers speak with a member of Gowling WLG's Employment, Labour & Equalities Group to develop an appropriate approach for your workplace.
If an employee has the symptoms of COVID-19 (coughing, and/or difficulty breathing) they should not be attending work. If they are febrile, they may have contracted an infectious virus and should not be in the workplace. They should go home and come back to work when the 14-day period has elapsed or when a medical professional authorizes them to return to work.
If an employer has a reasonable basis to believe that an employee should be self-isolating (i.e. meeting one of the public health-identified criteria for self-isolation) management should make careful notes of the basis for that belief and send the employee home. They should direct him or her not to come to work for the duration of the self-isolation 14-day period. Employers have a duty to ensure the safety of the workplace and must weigh the balance between employee wishes and workplace safety.
Given the advice from public health authorities, many employers are utilizing remote work as a means to promote social distancing. On March 16, 2020, Prime Minister Justin Trudeau advised all Canadians to work from home where possible. From both a public health and occupational safety perspective, working from home is a sound policy to implement , provided it is feasible for your workplace.
Public health authorities recognize, however, that there are a number of workplaces where remote work is not possible. Even in circumstances where an employee is not required to self-isolate or cannot work remotely, all employees should exercise precaution and self-monitor for symptoms of COVID-19. We recommend that employers inform their employees of their duty to abstain from work and to report any symptoms or risk of COVID-19 to their employer during this crisis.
The Federal government has initiated a series of policy changes to support workers affected by COVID-19 and placed in quarantine:
Employees claiming EI sickness benefits due to quarantine are required to provide a supporting medical certificate;
Credit: Gowling WLG - André Poulin-Denis, published March 23, 2020, via Lexology.com
ONTARIO SHUTDOWN - QUICK GUIDE TO EMERGENCY INCOME AND OTHER SUPPORT AVAILABLE TO YOU
Due to the provincial shutdown, effective on Tuesday, March 24, 2020 at 11:59 p.m., if you are laid off or cannot be employed remotely, here is a Quick Reference Guide to the income and other supports available to you during this emergency:
INCOME SUPPORT:
If you are laid off due to work closures:
Apply for regular EI benefits here: https://www.canada.ca/en/services/benefits/ei/ei-regular-benefit/apply.html
If you are facing reduced work hours:
Talk to your employer about EI Work-Sharing benefits, find more information here: https://www.canada.ca/en/employment-social-development/services/work-sharing.html
If you are facing unemployment AND you don’t qualify for EI:
Apply for the Emergency Support Benefit (long-term income support)
Applications will open in April through the CRA Web site and a toll-free number
Amounts and eligibility are not announced yet (total funding is $5 billion)
If you are unable to work due to illness/self-quarantine:
Apply for EI Sickness benefits here: https://www.canada.ca/en/services/benefits/ei/ei-sickness/apply.html
Call 1-833-381-2725 to have the one-week waiting period waived
You do NOT need a medical certificate if you are quarantined
Up to $573 a week
If you are self-quarantined and ineligible for EI:
Apply for the Emergency Care Benefit
Applications will open in April through the CRA website and a toll-free number
Up to $900 every 2 weeks for up to 15 weeks
No doctor’s note required
If you are self-employed:
Apply for the Emergency Care Benefit (see above)
If you are staying home to care for someone:
Apply for the Emergency Care Benefit (see above) if you are staying home to take care of a family member with COVID-19 who doesn’t qualify
Apply for the Emergency Care Benefit (see above) if you are a parent staying home to care for children due to school closures, whether or not you qualify for EI
NOTE: Tax filing deadline has been extended to June 1, payments due August 31
Low to middle income Canadians: GST credit top-up (average of $400 for single adults, $600 for couples) available as soon as May 2020
Families: Enhanced Canada Child Benefit this year (additional $300 per child)
Homeowners: Deferral of mortgage payments for affected Canadians by up to 6 months (disruptions to your pay interruptions to child care, or unexpected health needs)
Students: Freezing all Canada Student Loans payments and interest for 6 months (average savings $160 per month)
Seniors: Reducing mandatory withdrawal from RRIFs by 25%
Indigenous: New $305 million Indigenous Community Support Fund
Vulnerable Population: Additional $50 million available to shelters and centres for women and children fleeing domestic violence
GENERAL & MEDICAL INFORMATION
Call 1-888-COVID19/1-888-268-4319 for non-medical information on the virus, covering everything from travel recommendations to social distancing (available in more than 110 languages from 7:30am – 8:00pm, 7 days a week)
COVID-19 - USING CANADA'S QUARANTINE ACT
Since 2005, we have had federal legislation enacted to require and govern preventative measures due to pandemic, like COVID-19, including mandatory self-isolation and quarantine and enforcement measures. The federal Health Minister is also statutorily empowered to require Ontario to take quarantine measures, including stay-at-home orders, closure of non-essential businesses and to establish self-isolation/quarantine facilities for those who do not comply.
The legislation is comprehensive and provides for all necessary preventative measures and enforcement.
Link to the legislation:
https://www.canlii.org/en/ca/laws/stat/sc-2005-c-20/latest/sc-2005-c-20.html
COVID-19 - HELP TO SEPARATED/DIVORCED PARENTS
Co-parents must immediately:
[1] self-isolate and socially distance not only themselves, even when the child is not residing with that co-parent, but at every other time – no visitors, no exposure from others – strictly engage in and comply with all COVID-19 preventative measures (every family member);
[2] flexibly and co-operatively modify existing parenting arrangements to protect the safety and well-being of every child, and those with whom the child may come in contact, by isolating the child, requiring the child to stay at home and minimizing the child’s contact with any person other than the child’s immediate family members, with whom the child primarily resides;
[3] minimize, if not eliminate, access exchanges for the child – children should isolate together and in one home – if parenting arrangements currently require a child to be residing in both homes on a back-and-forth basis, arrangements should be made to extend residency periods in each home, rather than engaging in regular back-and-forth – at a minimum, week-by-week altering residency should be implemented, if not longer;
[4] minimize, if not eliminate, exposure of children to anyone not within the children’s immediate family, with whom the children are residing on a full-time basis – no playdates, birthday parties, shopping, or social visiting – provide regular assurances to the other co-parent that COVID-19 isolation and other required steps are being undertaken;
[5] facilitate and encourage regular and ongoing communication between a child and the other co-parent, unless to do so would be harmful to or threaten the safety or well-being of the child on a reasonable basis, even if this may not be required by existing Court orders, separation agreement or parenting plans;
[6] in addition to telephone, text and other traditional communication, download and implement virtual and online communication methods for every child to communicate with a non-residential parent, such as Facetime, Zoom, Hangout Meet, Skype, etc.
[7] if communication between co-parents is strained, utilize parenting communication platforms to achieve the COVID-19 containment objectives, such as Our Family Wizard, so a proper record is maintained and secured of both co-parents’ reasonable efforts, flexibility and co-operation;
[8] at a minimum, strictly follow and adhere to any communication requirements in an existing Court order, separation agreement or parenting plan;
[9] discuss and co-ordinate a strategy for discussing the COVID-19 pandemic with the child, including to identify and ease any anxiety, confusion or fear the child may be experiencing;
[10] promptly notify the other co-parent of any changes to a child’s health, particularly related to COVID-19 symptoms, and respond to any enquiries by the other co-parent on a prompt and reasonable basis;
[11] if child support is an issue, co-parents should continue the status quo arrangements, unless they can agree, on a reasonable basis, to modify the financial arrangements to reflect changes or modifications to the parenting arrangements – for example, if the parenting is modified temporarily from an equal time sharing arrangement to a child residing only with one co-parent primarily, it may be appropriate to temporarily modify the child support arrangements, subject to the ability of the co-parents to do so, financially; and
[12] other than these emergency, urgent measures undertaken to attempt to contain the virus, co-parents should otherwise follow strictly their existing Court orders, separation agreements and parenting plans, except as agreed otherwise by them to address these extraordinary circumstances.
For any child who may be vulnerable, have pre-existing conditions or compromised immuno-related conditions, co-parents must act immediately, prudently and jointly to protect the child – extraordinary arrangements may be required urgently, at least on a temporary basis. Every co-parent must act reasonably, responsibly and selflessly, to serve the best interests of the child, including emotionally.
If co-parents cannot mutually agree on modifying their parenting arrangements for the well-being and safety of their children, and the community at large, their Court order, separation agreement or parenting plan must govern and be followed. However, in these circumstances, co-parents must jointly, flexibly and co-operatively adjust their child’s parenting arrangements to not only protect the child, but themselves, other family members and the public generally.
Co-parents must immediately rise above their past or historical conflict, if any, to protect their child and the community at large – each has a duty to do so, legally and morally.
Unless the safety or well-being of a child is, on a reasonable basis, placed at risk, co-parents must modify and change their parenting arrangements to achieve and comply with the containment measures undertaken by everyone, including social isolation and avoiding leaving home.
While this may be a challenge for some co-parents, it is critical that co-parents work together, flexibly, co-operatively and with a child’s best interest being paramount, to adjust parenting during this time of crisis. Every co-parent must do his or her part, like every other person in the community, to ensure that every child is socially isolated, exposed to minimal, if any, risk outside of the home, and is responsibly parented during this pandemic.
The Superior Court in Central East jurisdiction, like many other jurisdictions, has very limited resources available currently to resolve parenting conflict. While there is limited opportunity to submit motions to the Court, they must be urgent. The Court will also be tremendously strained if facing an influx of motions by co-parents who cannot agree on taking reasonable steps to protect the health and safety of their children and for the benefit of everyone else. More information about the suspension of the Family Court is here: https://www.ontariocourts.ca/scj/covid-19-suspension-fam/.
The local police agencies are already strained and operating at reduced capacity. Involving the police in a co-parenting dispute is a very last resort and must only be undertaken if absolutely necessary. The police should be contacted if the safety or well-being of any child is at risk, but co-parents must act responsibly, reasonably and in accordance with the directions, recommendations and advice by government and healthcare officials, which outline monitoring steps, preventative measures and available resources if COVID-19 exposure is a concern or potentially detected.
If you have a conflict, you could also try to contact and seek the assistance of a family law lawyer, which may also be challenging currently and may not achieve an expedient resolution in times when urgency is a necessity.
EMERGENCY FINANCIAL HELP AVAILABLE TO YOU DURING COVID-19
During this COVID-19 crisis, these emergency, financial resources or benefits are available to you from the provincial and federal governments, as of March 22, 2020:
EI BENEFITS – FOR EMPLOYEES:
If you are laid off from your employ, you should apply for EI benefits, if you qualify. Generally, the recall period is thirteen weeks. The one-week waiting period to receive EI benefits has been waived for the next six months. If you qualify for EI (many employees do, except freelancers), the typical benefit is fifty-five per cent of your pre-tax income, up to a maximum weekly benefit of $573 for up to forty-five weeks. These benefits may change further; it is important to watch the EI Web site for updates.
EMERGENCY SUPPORT BENEFIT – IF YOU DO NOT QUALIFY FOR EI BENEFITS:
Even if you do not qualify for EI benefits (such as gig workers and freelancers), you may qualify for the new “Covid-19 emergency support benefit”. Details of this benefit continue to be released; full information is not yet available.
EMERGENCY CARE BENEFIT – IF YOU DO NOT HAVE PAID SICK LEAVE AND CANNOT ATTEND WORK DUE TO THE VIRUS:
If you do not have paid sick leave through your terms of employment, you may qualify for the new “Emergency Care Benefit”, available to any worker, including gig workers and freelancers. It is available for those who cannot attend work due to having, or caring for someone infected with, COVID-19, or those who are in self-isolation or quarantine, including if you must be absent due to the recent school closure in Ontario.
This benefit will pay up to $900 bi-weekly for a period of up to fifteen weeks. No doctor’s note is required. You can apply in April on the Canada Revenue Agency’s and/or Service Canada’s Web site. There will also be a toll-free number available.
CANADA CHILD BENEFIT:
The CCB is a monthly, pre-tax payment for any Canadian resident having children under the age of eighteen, who otherwise qualify. This is an additional, one-month increase to the current CCB for those parents who cannot attend work to care for children who cannot attend school due to COVID-19.
If you are a parent, you may be entitled to receive a further $300, per child, as part of your next CCB benefit payment in May. For example, a two-child family initially receiving $900 monthly for CCB may, in May, be eligible to receive $1,500 in CCB payment.
TAX FILING AND PAYMENT DEADLINES – EXTENDED:
Your deadline to file your personal income tax return is extended from April 30 to June 1, 2020. It may be extended further, depending on events in the next weeks. Despite this, many financial experts recommend you file by April 30, if you believe you may be entitled to a refund.
If you owe tax (now, or as of the extended deadline), you may defer your tax payment until August 31, 2020. This deadline may be extended further. It may make sense for you to utilize this extended deadline, particularly if you are in the gig economy, a freelancer or self-employed, and you anticipate reduced income between now and then, or potential losses.
CREDIT CARD RELIEF:
The “Big Six” Canadian banks are offering, “the opportunity for relief on other credit products”, in addition to mortgage payments. The details of this remain uncertain; the banks have not yet specified the relief specifically and what credit products may apply. Presumably it will include reduced interest rates, or potentially a payment plan in lieu of regular, monthly payments, at least temporarily until the economic conditions normalize. You should contact your bank for more information and details.
DEFERRAL OF MORTGAGE PAYMENTS:
The “Big Six” Canadian banks are offering a six-month deferral on all mortgage payments. It is yet unclear whether you’ll be able to defer your mortgage payments on an interest-free basis, or if interest on deferred mortgage payments will accrue until the payments are made. These details are yet not known and may vary between each bank.
RRIF MINIMAL WITHDRAWAL CHARGES:
If you are seventy-two years of age or more, you are required legally to withdraw minimum amounts from your RRIFs, which may create losses in these economic conditions. These minimum withdrawals have now been reduced, annually, by twenty-five per cent.
COVID-19 EMERGENCY MEASURES - JOB PROTECTED LEAVE AND IMPORTANT UPDATES
Post by: Calvin Chan in /Employment
The world is grinding to an unprecedented halt. The emergence of the Novel Coronavirus (COVID-19) has shaken up governments, markets and health systems across the globe.
In response to the rapid escalation of threat to public health, on Monday, March 16, 2020, the Federal and Ontario Government made major announcements outlining the emergency measures and funding being implemented at both the federal and provincial levels.
On early Tuesday morning, March 17, 2020, Premier Doug Ford announced a state of emergency, ordering the closure of:
facilities providing indoor recreational programs;
organized public gatherings of fifty (50) people or more, including parades, religious services and other public events;
public libraries;
private schools as defined in the Education Act;
licensed child care centres;
bars and restaurants, except to provide takeout food and delivery services;
live performance theatres and cinemas; and
concert venues.
These closures are expected to remain in effect until March 31, 2020, with the possibility of an extension upon assessment by officials.
Furthermore, a major announcement was made by the Ontario Government earlier this week regarding proposed statutory protections for employees affected by Covid-19. These proposed statutory protections will be temporary, lasting the duration of the outbreak, and will attempt to address the concerns of working Ontarians who may otherwise feel the pressure of making a difficult choice between the preservation of public health and paying everyday expenses, especially for those living paycheque to paycheque.
The purpose of the proposed protections is to ensure that workers undertaking self-isolation or quarantine due to COVID-19 are able to take a job-protected unpaid leave of absence. These proposed protections would also extend to employees who must take leave to care for family members and, most notably, a medical note will not be required for employees seeking to take the leave under the proposed protections. If these protections are passed they are expected to be retroactive to January 25, 2020 and so employers should take notice of these approaching protections and adjust their workplace policies and procedures accordingly.
The Federal Government has also recently implemented changes that simplify access to Employment Insurance Sickness Benefits for those affected by the novel virus. To combat the economic consequence of the virus, EI has increased funding for Sickness Benefits which provides up to fifteen weeks of partial income replacement for those who are unable to work due to medical reasons, including quarantine. To further assist those affected, Employment and Social Development Canada has also implemented dedicated phone lines and a priority application process.
During this unprecedented and rapidly developing public health crisis it is important that all Ontarians be informed of the ongoing implementation of Government measures and avail themselves of up-to-date expert information to ensure the protection of vulnerable individuals and the public health system.
For general information related to COVID-19, the Ontario Government is regularly providing updated information on its website which can be found at: www.ontario.ca/page/2019-novel-coronavirus.
Individuals seeking medical assistance should contact Telehealth at 1-866-797-0000 or (locally) the HKPR District Health Unit (www.hkpr.on.ca). In the case of emergency call 911 and alert the dispatcher of the relevant travel history and symptoms.
https://news.ontario.ca/opo/en/2020/03/premier-ford-announces-job-protection-for-workers-during-the-covid-19-situation.html
https://news.ontario.ca/opo/en/2020/03/ontario-enacts-declaration-of-emergency-to-protect-the-public.html
https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html
WE LOVE TO SAY "SORRY", BUT DID YOU KNOW WE'VE MADE IT PART OF OUR LAW AND IT CAN HELP YOU LEGALLY
Post by: Jason Ward in /Defamation
In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are legal ramifications, both for saying it and for not saying it.
In fact, we’ve made it legislation; namely, Ontario’s “Apology Act” (the “Act”).
This is uniquely an Ontario-only legal initiative.
Before the Act, if an apology were made, such as in a defamation case, that apology could be used against the alleged defamer in Court, including to prove the defamation itself and the harm it must have caused.
Now, an “apology” is legally defined as “an expression of sympathy or regret” and not “an admission of fault or liability in connection with the matter to which the words or actions relate.”
Before the Act was passed, an “apology” statement could technically be construed as an admission of your guilt or wrongdoing.
The Act is great Ontario law, because now we can say “sorry” without fear, legally speaking.
In fact, in a defamation case, for example, making an apology often impacts the legal case, or least may reduce the damages awarded by the Court.
Making an apology impacts other types of cases, too, legally, so there is always advantage in considering making an apology and, if so, the maker need not be worried that it would legally be held against he or she – it can only help.
The Act is fairly short and straightforward – the key parts are highlighted below.
Apology Act, 2009
S.O. 2009, CHAPTER 3
Consolidation Period: From April 23, 2009 to the e-Laws currency date.
No Amendments.
1. In this Act,
“apology” means an expression of sympathy or regret, a statement that a person is sorry or any other words or actions indicating contrition or commiseration, whether or not the words or actions admit fault or liability or imply an admission of fault or liability in connection with the matter to which the words or actions relate. 2009, c. 3, s. 1.
Effect of apology on liability
2. (1) An apology made by or on behalf of a person in connection with any matter,
(a) does not, in law, constitute an express or implied admission of fault or liability by the person in connection with that matter;
(b) does not, despite any wording to the contrary in any contract of insurance or indemnity and despite any other Act or law, void, impair or otherwise affect any insurance or indemnity coverage for any person in connection with that matter; and
(c) shall not be taken into account in any determination of fault or liability in connection with that matter. 2009, c. 3, s. 2 (1).
(2) Clauses (1) (a) and (c) do not apply for the purposes of proceedings under the Provincial Offences Act. 2009, c. 3, s. 2 (2).
Evidence of apology not admissible
(3) Despite any other Act or law, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any civil proceeding, administrative proceeding or arbitration as evidence of the fault or liability of any person in connection with that matter. 2009, c. 3, s. 2 (3).
(4) However, if a person makes an apology while testifying at a civil proceeding, including while testifying at an out of court examination in the context of the civil proceeding, at an administrative proceeding or at an arbitration, this section does not apply to the apology for the purposes of that proceeding or arbitration. 2009, c. 3, s. 2 (4).
Criminal or provincial offence proceeding or conviction
3. Nothing in this Act affects,
(a) the admissibility of any evidence in,
(i) a criminal proceeding, including a prosecution for perjury, or
(ii) a proceeding under the Provincial Offences Act; or
(b) the use that may be made in the proceedings referred to in subsection 2 (3) of a conviction for a criminal or provincial offence. 2009, c. 3, s. 3.
Acknowledgment, Limitations Act, 2002
4. For the purposes of section 13 of the Limitations Act, 2002, nothing in this Act,
(a) affects whether an apology constitutes an acknowledgment of liability; or
(b) prevents an apology from being admitted in evidence. 2009, c. 3, s. 4.
5. Omitted (provides for coming into force of provisions of this Act). 2009, c. 3, s. 5.
6. Omitted (enacts short title of this Act). 2009, c. 3, s. 6.
COVID19 - A WORKPLACE CHECKLIST
Despite we are informed there is low risk to us, publicly, precautionary steps should be taken.
"The spread of the 2019 novel coronavirus — the virus responsible for COVID-19 — is now anticipated to reach pandemic levels. Officials from the Public Health Agency of Canada reiterate that the risk of a mass outbreak in Canada remains low, but have encouraged and enforced precautionary measures.
Employers should continue to be vigilant in ensuring a safe and healthy workplace. In addition to our previous client alert, employers should be mindful of the following checklist:
1. Appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19. The coordinator(s) should have the authority to make or advise on emergency decisions such as office closures and meeting cancellations.
According to the size of the employer’s organization, a cross-functional team may be necessary with designated individuals to handle issues such as employee health and safety, medical/personal leaves and accommodations, communications, and compliance.
2. Routinely follow reliable public health authorities for news and guidelines on prevention, symptom identification, and treatments as they become available.
Reliable sources include:
Dedicated pages created by Public Health Ontario and the Public Health Agency of Canada, which provide updated information on COVID-19 spread and control measures in Canada
The World Health Organization and the US Centers for Disease Control and Prevention, for further information on the global spread, screening, and vaccination and treatment development
3. Review or develop emergency contingency plans with appropriate disease prevention measures.
Contingency plans are designed to deal with business disruptions, and often include protocols for emergency communication, decision-making, and working with limited staff.
Consider realistic and permissible cost-cutting strategies early on; be forward-looking as the economy braces for COVID-19.
Employers may already have a contingency plan that is unique to their environment, but should be aware of best practices specific to epidemics.
Common strategies unique to disease prevention can include:
directing employees to contact their doctor and local public health units if they believe they have been exposed to COVID-19
placing posters or flyers around the workplace that encourage employees to stay home if they are sick, and that outline best practices on hand hygiene, coughing and sneezing, and symptom identification
providing tissues and hand sanitizer dispensers
routine cleaning of frequently-touched surfaces, including countertops and door knobs
4. Where possible, expand leave and work-from-home policies that are flexible and non-punitive so that employees do not feel pressured to come to work if they feel sick or believe they have been exposed.
Employers will be able to require this if they have objective knowledge, or a reasonably held belief, that an employee is displaying symptoms or has been exposed to COVID-19.
As always, ensure that employees are aware of their benefits and entitlements in the event that they or a family member fall ill.
In screening for infection risks, be cautious of the laws around privacy and human rights.
For more information, review our previous alert on COVID-19.
5. Cancel or limit non-essential and work-related travel, especially to areas cautioned against by health authorities. Arrange for alternative methods of communication with business contacts in affected areas.
Monitor the travel advisories in Canada and in other countries that the employer organization may have offices in. Follow reliable public health authorities for information on travel restrictions, including:
The Government of Canada’s Travel Health Notices
CDC’s Travel Information page
Travelers returning to Canada from areas under advisory may be required to self-isolate and contact their local public health unit to report their arrival and/or symptoms. Any requirements to do so will be on Canada’s updated COVID-19 page.
6. Be aware of special reporting requirements for designated individuals under Ontario’s Health Protection and Promotion Act, and Personal Health Information Protection Act.[1]
Certain individuals may be required to report information on people they suspect have, or could have, COVID-19 to Ontario’s chief medical officer. This reporting obligation applies to individuals such as (but not limited to):
regulated health professionals
hospital administrators
laboratory operators
school principals
superintendents of stipulated institutions
Employers and/or employees who operate in these positions should ensure there are reporting protocols in place if applicable.
7. Document why and how certain measures are used to prevent the spread of COVID-19 in the workplace, and who was affected by them.
Be mindful of cultural, medical, and other grounds when making decisions about disease prevention in the workplace. This includes how and who employers question about exposure to COVID-19, and how employers use information gathered.
In all cases, ensure compliance with human rights, privacy, and employment laws.
[1]E.g. HPPA ss. 25-29; PHIPA ss. 39-40."
This excellent article was written by Jordan Arthur Kirkness and Susan MacMillan, Baker McKenzie, sourced from Lexology.com on March 10, 20120.
IF A PERSON IS INCAPABLE OF MAKING HEALTH CARE DECISIONS, HERE'S WHO WILL MAKE THOSE DECISIONS
What happens when a person in Ontario becomes disabled or incapacitated, to the extent that the person cannot make decisions about his or her own health care or treatment?
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Ben Denzer, 2011–present
"We were just in a position to afford Shakespeare at the moment when he presented himself!" Keynes wrote.
— Zachary D. Carter, The Price of Peace: Money, Democracy, and the Life of John Maynard Keynes
This... ...Is Why.
— Caption on image juxtoposition of officer Derek Chauvin kneeling on George Floyd's neck and Colin Kaepernick kneeling on a football field
It was not the power of Keynes' argument that propelled the book to such wild success. It was the vicious, detailed personal portraits of the Great Men he lambasted.
The point is, although artists comprise the majority of people subjected to Jessica's PR stunts, we aren't the intended audience for them.
— Brad Troemel, "THE HUSTLE REPORT"
What a little creep.
— Lily on Dumbledore holding Voldemort in a ball of water
A convertible painted with dots to match the owners' Dalmation.
— Alan Brinkley, The Publisher: Henry Luce and His American Century
Actually, in spite of everything, you're a very conventional man.
— Jennifer Melfi, "Amour Fou," The Sopranos
Bricks are good because they have a scale.
"People just aren't interesting in the mass," Luce once said. "It's only individuals who are exciting."
According to this argument, Duchamp realized that he could never hope to compete on equal terms with his older brothers, much less with Picasso and Braque, and so he coolly and cynically set out to change the rules of the game.
— Calvin Tomkins, Duchamp
When you've proved it can do everything, it reduces your interest when people produce a particular configuration.
— John Conway via Siobhan Roberts, Genius At Play: The Curious Mind of John Horton Conway
What's facinating about the rule governing the game, for Conway as the inventor, anyway, is that it's totally stupid. Yet it exists. "I'll tell you what interests me abou this—it's really what interests me about mathematics. Nobody else in the whole history of the world has been stupid enough to invent this rule. That's the first thing. But then, if they had, they would find exactly the behavior that I'm finding... This rule hadn't physically existed in any sense in the world before a month ago, before I invented it, but it sort of intellectually existed forever."
— Siobhan Roberts, Genius At Play: The Curious Mind of John Horton Conway
The utter obscurity that history reserves for almost all of us.
— George Packer, Our Man: Richard Holbrooke and the End of the American Century
Clifford perfected the art of discretion, seeming to want nothing while everything came to him—presidential job offers, big-money clients. That model of power exercised in private by a few of the right men with no need to justify themselves was long gone—one more casualty of Vietnam. Holbrooke was a creature of the post-WASP establishment where power was diffuse and you had to shout for attention to get great things done.
As a member of the class of lesser beings who aspire to a good life but not a great one—who find the very notion both daunting and distasteful—I can barely fathom the agony of that "almost." Think about it: the nonestop schedule, the calculation of every dinner table, the brain that burned all day and night—and the knowledge, buried so deep he may have only sensed it as a physical ache, that he had come up short of his own impossible exaltation. I admire him for that readiness to suffer. His life was full of pleasures, but I never envied it.
Getting on in years, Tesla decided to hire a few Western Union boys to feed the pigeons for him. Dressed in their official caps and snappy uniforms, the lads could be seen like clockwork at 9:00 A.M. and 4:00 P.M. at three different locations around teh city: in front of the New York Public Library, in Bryant Park, at the library's rear, and at St. Patrick's Cathedral.
— Marc Seifer, Wizard: the Life and Times of Nikola Tesla
The public seemed to sense, nevertheless, that enormous changes were taking place in man's understanding of the physical world. The phenomena of X rays and radioactivity, the wireless telegraph, electromagnetism, and other recent discoveries had challenged long-held notions about the basic structure of things, and the growing recognition that chance played a significant role in anture's processes undermined the belief that those processes could ever be fully understood. In the nineteenth century science had come to be seen as virtually infallibe; now, quite suddently, the ability of empirical science to explain all things was being called into question, and this was both frightning and liberating.
That which is most desirable in the establishment of universal peaceful relations is the complete annihilation of distance.
— Nikola Tesla via Marc Seifer, Wizard: the Life and Times of Nikola Tesla
He is best known for his Cosmopolitan Chicken Project (CCP) in which he cross-breeds domesticated chickens from different countries as a statement about the way in which diversity can shape the global cultural and genetic mix.
— www.koenvanmechelen.be
Tesla told the reporter that he could split the earth in the same way... "The vibrations of the earth," he said, "have a periodicity of approximately one hour and forty-nine minutes. That is to say, if I strike the earth this instant, a wave of contraction goes through it and will come back in one hour and forty-nine minutes in the form of expansion. As a matter of fact, the earth, like everything else, is in a constant state of vibration. it is constantly contracting and expanding. Now suppose that at the precise moment when it begins to contract, I explode a ton of dynamite. That accelerates the contraction, and in one hour and fourty-nine minutes, there comes an equally accelerated wave of expanson. When the wave ebbs, suppose I explode another ton... and suppose this performance be repeated time after time. Is there any doubt as to what would happen? There is no doubt in my mind. The earth would be split in two."
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2020 National Award-Winning Program Thomas J. Moran Award Recipient
100 Scholars Robotics Alliance
100 Black Men of Atlanta, Inc.
Johnson STEM Activity Center
FIRST® (For Inspiration and Recognition of Science and Technology)
Millennium Training Systems
100 Scholars Robotics Alliance Otis Threatt,
101 Jackson Street N.E., 2nd Floor
In 1986, a group of business leaders formed 100 Black Men of Atlanta, Inc. (The 100). Their mission is to empower and inspire underprivileged African-American youth in Atlanta who, because of structural income inequality, are being left behind in the classroom and in life.
Since working with the 100 Scholars Robotics Alliance, the participation of minority youth in the FIRST LEGO League has almost doubled, and the success rate of those participants has almost tripled. … This program has created a sustainability model for youth interest and success in STEM (science, technology, engineering and mathematics).”
The FIRST LEGO League of Georgia
In 2006, The 100 collaborated with Millennium Training Systems (MTS), Johnson STEM Activity Center (JSAC) and FIRST® (For Inspiration and Recognition of Science and Technology) to create the 100 Scholars Robotics Alliance. This groundbreaking after-school and summer program provides students hands-on opportunities to plan, build, test and modify their own robots and to compete on a FIRST team, based on their age or experience.
MTS is responsible for day-to-day operations of the program. Bart Sudderth developed and implemented a STEM curriculum comprised of NASA educational materials that is used in conjunction with FIRST competitions. Dr. Lonnie Johnson, founder of JSAC, is an inventor and former NASA scientist who provides mentoring and a home for the 100 Scholars Robotics Alliance. FIRST is an international youth competition that motivates youth to pursue educational and career opportunities in STEM.
“Youth in underserved school districts aren’t any less intelligent than other students; they simply lack exposure, guidance and the chance to show they can excel. The 100 Scholars Robotics Alliance provides that opportunity by helping students build self-confidence and life skills essential for success,” said Kevin Gooch, Chairman of 100 Black Men of Atlanta, Inc. “To date, more than 10,000 students in underserved communities across the state have become part of the 100 Scholars Robotics Alliance, giving Georgia the highest participation rate in the country for minority students in youth STEM programs.
The Robotics Alliance helped me recalculate the trajectory of my life. 100 Black Men of Atlanta’s STEM program shifted me from being part of the 30% in my neighborhood who won’t make it out of high school to becoming a college student.”
Jolisa Brown,
100 Scholars Robotics Alliance participant
Students across Georgia who have participated in 100 Black Men of Atlanta STEM programs since 2006.
Students who took part in The 100’s 9th Annual Robotics Showcase invitational in 2019.
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Remembering Newtown elementary school shooting victims on 8th anniversary
NEWTOWN, Connecticut -- On December 14, 2012, a shooter opened fire at Sandy Hook Elementary school, killing 20 first-graders and six educators in one of the deadliest mass shootings in United States history.
Virtual vigils and services were being held Monday in Newtown, Connecticut, to mark the anniversary and remember victims of other gun violence incidents.
On Dec.14, 2012, a shooter opened fire at the school, killing 20 first-graders and six educators.
Flags in the state are flying at half-staff.
"The memories of the 20 young children and six educators whose lives were tragically taken on that horrible morning eight years ago will forever remain in our hearts," Governor Ned Lamont said. "We can continue to honor them by performing acts of kindness, love, and humanity that brighten the lives of others and bring comfort to our community."
Out of the senseless tragedy, many have sought ways to find meaning in advocacy. Many relatives of the victims have dedicated themselves to charity, activism and other efforts to channel their grief and, in many cases, to help prevent gun violence.
"Our hearts are heavy today as we mark eight years since 20 beautiful children - Charlotte, Daniel, Olivia, Josephine, Ana, Dylan, Madeleine, Catherine, Chase, Jesse, James, Grace, Emilie, Jack, Noah, Caroline, Jessica, Benjamin, Avielle, and Allison - and six courageous adults - Dawn, Mary, Vicki, Lauren, Rachel, and Anne Marie - were taken from us all too soon," Lt. Governor Susan Bysiewicz said. "In the hours, days, and months that followed one of the most tragic days in our history, we saw an unprecedented outpouring of kindness and hope from millions of people across the state and country that showed only light and love can drive out darkness and hate. We must continue to protect the core values of humankind - love and unity - and ensure these principles serve as our guidepost for every facet of our lives. Newtown, my heart is with you today and always."
President-elect Joe Biden released a statement marking the anniversary. Biden, who was vice president at the time, called the event "the saddest day we had in the White House" and reflected on his own conversations and relationships with the families that lost loved ones in the tragedy.
"To the grandparents, parents, siblings, children, spouses, and fellow broken and healing hearts of Sandy Hook, I know," he said. "No matter how long it's been, every time you talk about it, you relive it as though you just heard the news. Eight years later, I know the pain never fully heals."
Biden also called out the thousands of lives every year that are lost to gun violence in the United States and praised the Sandy Hook families for speaking out in the wake of the tragedy for common sense gun reforms.
"In this collective pain, you've helped usher in a collective and growing purpose," he said. "You've helped us forge a consensus that gun violence is a national health crisis and we need to address its total cost to fully heal families, communities, and our nation."
Full statement from President-Elect Joe Biden:
"To the grandparents, parents, siblings, children, spouses, and fellow broken and healing hearts of Sandy Hook, I know. No matter how long it's been, every time you talk about it, you relive it as though you just heard the news. Eight years later, I know the pain never fully heals.
"I think about how that day eight years ago was the saddest day we had in the White House. Twenty first-graders. Their six educators. And I think about the time we have spent with each other grieving since then. I remain in awe of you. I have heard from and watched as so many of you turned pain into purpose, working to change our laws and our culture around gun violence and how we protect and nurture our children.
"I know it can feel like an impossible task. Since this December day eight years ago, your nightmare has been felt by thousands of other families in our country who have lost a piece of their soul in other schools, a shopping mall, a movie theatre, a club, a house of worship, in their neighborhoods, and in their homes. Some of these tragedies make national headlines, so many more do not. Every year, more than 30,000 people die from gun violence across America-a statistic we would associate with war in a far-off place. Countless more are left with a lifetime of injuries and trauma.
"But in this collective pain, you've helped usher in a collective and growing purpose. You've helped us forge a consensus that gun violence is a national health crisis and we need to address its total cost to fully heal families, communities, and our nation.
"Eight years later, there have been plenty of thoughts and prayers, but we know that is not enough. Together with you and millions of our fellow Americans of every background all across our nation, we will fight to end this scourge on our society and enact common sense reforms that are supported by a majority of Americans and that will save countless lives.
"Jill and I send our love to you and we pray for the twenty-six angels in heaven and in our hearts."
Just two weeks ago, the governing board in Newtown blocked proposed bans on carrying firearms around town from further consideration.
The decision came after the board heard from gun control activists who said they were intimidated at protests by armed Second Amendment supporters. After listening to testimony from both sides of the issue Wednesday night by phone because of the pandemic, the Newtown Legislative Council deadlocked in 6-6 votes on whether to refer three proposed gun restriction ordinances to the council's Ordinance Committee, effectively killing the requests.
Members of the Newtown Action Alliance, formed after the school shooting to prevent gun violence, had proposed the measures, in response to feeling threatened by gun rights advocates carrying firearms during protests outside the National Shooting Sports Foundation, a gun industry group that happens to be based in Newtown.
"It's disheartening and disappointing to live in a community where the leaders are choosing not to take our recommendations seriously, particularly after what we've been through in this community," said Po Murray, a local resident and chair of the alliance.
A survivor and relatives of nine victims of the 2012 massacre filed the wrongful death lawsuit against Remington in 2015, saying the company should have never sold such a dangerous weapon to the public.
Remington made the Bushmaster AR-15-style rifle used in the attack, and a trial is scheduled for September 2021.
The school where the shooting happened in 2012 was knocked down, and a new building was constructed at the same site.
The Associated Press contributed to this story.
connecticutnewtownschool shootingnewtown shootingsandy hook elementary school shootingu.s. & world
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The First Zinnia Flower Has Blossomed in Space: What It Means for a Mission to Mars
Astronaut Scott Kelly has been gardening at the International Space Station.
By ALYSSA NEWCOMB
@ScottKelly/Twitter
NASA astronaut Scott Kelly shared this photo of a flower grown in space on Jan. 17, 2016.
— -- Astronaut Scott Kelly's moldy flowers are doing their part to help a future mission to Mars.
Understanding how plants grow in space will be vital to future long-haul missions -- such as one to Mars -- because astronauts will have to grow some of their own food. Kelly, who is toward the end of his scheduled year in space, has been busy tending to a garden on board the International Space Station.
In December, he shared a photo of a space oddity -- his moldy zinnia flowers. This month, Kelly shared a photo of one of the flowers that bloomed into a vibrant flower with orange petals.
Mars Has Water: Why NASA Discovery Matters
Why SpaceX Rocket Landing Is a Giant Leap for Space Travel
New Horizons Sends Back Stunning Image of Pluto's Moon Charon
Gioia Massa, NASA's science team lead for the "Veggie" project, said the plants grown in space haven't been perfect but have allowed scientists on Earth to gain new insights into how plants grow in a microgravity environment.
"I think we have gained a lot from this, and we are learning both more about plants and fluids and also how better to operate between ground and station," Massa said in a statement. "Regardless of final flowering outcome we will have gained a lot."
In August of last year, the astronauts took their first bite of "Outredgeous" red romaine lettuce grown in space. It was the first time astronauts had sampled the produce from their space garden.
“We’re going to have to have a spacecraft that is much more self sustainable with regards to its food supply," Kelly said last year, explaining the importance the produce experiment will have on a potential future trip to Mars. "There's going to be a long period of time when we’re going to have to be completely self sufficient."
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Alex Moreland | Writer
Extended works of fiction about imaginary success
Writing Portfolio & CV
Tag: osgood
Doctor Who Review: The Zygon Inversion
November 8, 2015 July 18, 2018 ~ alexmoreland ~ Leave a comment
You just want cruelty to beget cruelty. You’re not superior to the people who were cruel to you, you’re just a whole bunch of new, cruel people, being cruel to some other people, who’ll end up being cruel to you.
So, then. There’s an elephant in the room, here – one thing that must be addressed, above all else; the most obvious starting place, I think, but a starting place I’m going to eschew. Because I want to talk about all of the episode, and recognise the strengths of it all – otherwise this would be thousands of words about a very specific segment. (I’m sure you all know the segment to which I refer!)
The episode starts quite well – I’m not typically fond of dream sequences, but this was an excellent example of how they can be used effectively. I thought it was rather clever how they managed to subvert expectations with the cliffhanger – appearing to show the initial get out clause, before making it relevant once again, and pushing our answer further away from us. It was, in fact, a rather wonderful example of Harness (and Moffat, for once) being able to have their cake and eat it.
It continues on quite well too; the dream sequence is where we see most of Clara for this episode, arguably sidelined, but still given some interesting and substantial character moments. Very effective examination of her on display here, in fact; there’s the initial smugness to Clara, where she feels entirely in control – and the backpedalling when she realises she isn’t, and has to search for the upper hand again. It’s a very nuanced scene, and remarkably well portrayed by Jenna Coleman; this is the sort of examination of Clara’s character development, transforming into a more Doctor like figure, that I’m so fond of. ‘Tis a very compelling character arc for a companion, and I’m really looking forward to seeing the culmination of it.
Speaking of Jenna Coleman’s acting, she did a really fantastic job of playing Bonnie. I think it’s the mark of a great actor when they can play a dual role within a single story (like Mat Baynton in You, Me and the Apocalypse) and still make them feel meaningfully distinct – it was very easy to forget that Jenna Coleman was playing Bonnie here, as opposed to another actress entirely (albeit admittedly a similar looking one). She did an excellent job of completely altering all her mannerisms, even her voice and elocution, to create an entirely new character; Doctor Who is really genuinely very lucky to have Jenna Coleman onboard, and it’ll be a huge loss to the program when she eventually departs.
Much of the rest of the episode was of similar levels of quality; Ingrid Oliver as Osgood, playing the de facto companion of this episode, was as charming as ever, and it remained very entertaining to see her interactions with the Doctor. Kate Stewart too came out of this episode well, and it was nice to hear her say the old “Five rounds rapid” quote. (What can I say, I’m a nerd.)
Also! Something that’ll likely fall through the cracks when people are discussing this episode, given that many of its main strengths lie elsewhere, but it was a genuinely very funny episode. Lots of excellent jokes, that were really quite hilarious; I always love any sort of irreverent fan humour, like the question mark underwear, or “Totally and Radically Driving in Space”, and even little things like “Doctor John Disco” or “Basil”. It’s good to have that sort of thing – where’s the fun if you take it too seriously? Excellent approach to take, I think. The funniest joke, though, was “I’m old enough to be your messiah”. That takes the award for “best one liner in Doctor Who history”, I’d argue. Honestly, it was brilliant.
The writing, obviously, was excellent. Not just in that scene, which I’ll get to shortly, but just throughout, really. One crucial moment was when the Doctor and Osgood met the Zygon in the shop – one of the most important scenes in the episode, in fact, because that’s where some of the most important aspects of the episode’s message about immigration comes through. The Zygon insists that he isn’t on any side, and all he wanted to do was simply live, question just what exactly was wrong with that, and why no one would let him simply live there. It was excellently done – not subtle in any way, of course, but frankly there’s no need to be subtle at times like this.
And now we’ve reached this bit. A ten minute monologue from Peter Capaldi which is, frankly, certainly going to be seen as the standout moment from this series, if not the defining moment of the Twelfth Doctor’s tenure. Because it is just that bloody good.
I don’t understand? Are you kidding? Me? Of course I understand. I mean, do you call this a war? This funny little thing? This is not a war!
I fought in a bigger war than you will ever know. I did worse things than you could ever imagine. And when I close my eyes I hear more screams than anyone could ever be able to count!
And do you know what you do with all that pain?
Shall I tell you where you put it? You hold it tight till it burns your hand, and you say this. No one else will ever have to live like this. No one else will have to feel this pain. Not on my watch!
I’m quoting, simply because I don’t have a video to embed (as soon as it’s up on YouTube, I’ll be going into more depths in terms of analysis), but that honestly robs it of much of its impact. Sure, it’s well written, but the strengths of this scene comes from Peter Capaldi’s acting. And frankly, that’s not even all of it – the first half of the scene, where he talks about how much blood is spilled before negotiations can begin, is similarly masterful.
Capaldi is absolutely phenomenal in his role; there’s a huge level of nuance to his every mannerism and expression, and he absolutely conveys the emotion of the scene 100%. (You can see how much they trust him as an actor – and rightfully so! – because this scene is entirely quiet. There’s no score or backing music; every response and emotion engendered in the audience comes entirely from Capaldi’s performance.)
Truly, he’s amazing; it’s difficult to properly analyse this scene without a video accompaniment, because otherwise I’m reduced to simply describing rather than demonstrating, and repeating the same limited pool of superlatives over and over again.
I think what stood out most, actually, was that the Doctor got angry here. Capaldi has always measured the anger, keeping it very much something limited to individual occasions, and it means it’s all the more effective when he does play it up. Seeing the Doctor yelling and being so confrontational, practically shouting them into submission, really emphasising the importance of peace over war, and referring back to his past traumas – honestly, it’s BAFTA worthy. Capaldi deserves all the awards for this episode, truly and absolutely.
This episode was honestly everything I could have hoped for and more; it’s the best of the series, hands down. 10/10
Doctor Who series 9 reviews
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Doctor Who Review: The Zygon Invasion
Any race is capable of the best and the worst. Every race is peaceful and warlike; good, and evil. My race is no exception – and neither is mine.
I was quite trepident about this episode, actually. Anxious, really, about the quality of it. On the one hand, it sounded like a brilliant concept – Doctor Who engaging with contemporary issues and current politics, in a globe-spanning story. Yes, thank you very much, I’ll take two, that’d be lovely.
And yet, on the other hand, it was being written by Peter Harness. The last time he wrote an episode, it ended up being… well, unintentional pro-life propaganda. It was not an episode I was particularly impressed by – and also one I’d had high hopes for going into.
So, you know, I think you can see why I was a bit worried about this one – a potentially excellent concept, but a writer that I didn’t really trust to see it through, based on his past record.
But, as it happens, this episode was… pretty good, actually.
I mean, it’s absolutely difficult to judge based on what we’ve got – of all the episodes thus far, this has been the one that most needs its second part to form a cohesive whole narrative. As enjoyable as this episode was, it’s very dependent on the resolution for it to work, I reckon.
What we got, in the end, is a story about Zygon ISIS, with a few shades of immigration politics thrown in as well. And, like I said, it’s still unfinished, but from what we’ve had so far, I’ve actually been really impressed. It’s been handled quite sensitively, I think, and there’s little to object to, in terms of questionable implications (a la Kill the Moon).
I was quite pleased to see Doctor Who engaging with contemporary politics like this, actually; it’s a really compelling plotline, with a lot of potential to it. And I think for the most part they did a pretty good job of it – or at least, they did a good job of setting up further potential for tonight’s episode. The reference to radicalisation, and the clear establishment of a generational gap (making it very clear that not all Zygons are part of this splinter group) all worked very well.
Having said that! They’ve got to be very careful with how they resolve this tonight, given that they’ve set up their parallels. If all the Zygons have to leave the planet or some such, then it’d seem like the episode was coming down with an anti-immigration stance – for example. I mean, I’m not expecting them to, but that’s an example of how all this could still go wrong.
The scale of the episode really worked in its favour in this instance – the globe-spanning story gave it a rather brilliant cutting-edge feel, which, alongside the references to contemporary issues, made the episode feel really relevant. There’s a brilliant sort of energy to episodes like this, that are set so firmly in the present day, with such recognisable elements to them.
I also thought the way they handled the Osgood situation worked quite well; it was obvious to everyone, I think, that we were going to have a Zygon based explanation, but they managed to make it a bit more complicated than what people had expected – and not just complicated, but relevant to the story too, which was nice. Ingrid Oliver is still a wonderful actress, and Osgood remains a very charming character.
In fact, all of the supporting cast did a good job – our usual UNIT staff (very sad when Jac died), as well as the new characters introduced this episode. The scene between the soldier and Zygon who was ostensibly his mother was very impressive too; it was quite tense, as a result of the way it was written, and also how it was scored (great job Murray Gold!). Also worth noting, actually, that there were quite a number of women in this episode – 11 of the 16 named parts in The Zygon Invasion were women, I believe, and it’s great when Doctor Who does commit to things like that.
Admittedly, not all of the episode was brilliant; I’ve already spoken about the sense of incompletion to the episode, obviously, but I think that’ll be sorted by this evening (fifteen minutes to go!). I wasn’t hugely impressed by the subplot with Clara as a Zygon, either – it felt somewhat poorly handled. Jenna Coleman gave a brilliant performance, as ever, portraying Clara just ever so slightly off, in a way that doesn’t feel quite right but wouldn’t necessarily raise suspicion on its own… and, yet, it had been signposted quite so obviously in the beginning that there was little tension to the subplot.
So, all in all, a much better episode than I’d expected, but still not quite as good as I’d hoped. Certainly, I’m heavily anticipating tonight’s episode (9 minutes!), and that’s because this episode did a good job of setting it up.
We will give this episode a provisional 8/10.
Doctor Who Review: Death in Heaven
November 17, 2014 July 19, 2018 ~ alexmoreland ~ Leave a comment
Love is not an emotion. Love is a promise.
So actually, when I first watched this, I didn’t like it all that much.
I had problems with the second half in particular. It felt discordant, really, and rather sloppy. “Tonally inconsistent” is what I went for, I think. To an extent, I’d stand by that still.
But when I came round to rewatching it, with a little bit of distance and having had some time to ruminate on the episode a bit more, I did enjoy it a lot more.
I mean, it’s not perfect, and that’s a little bit of a shame, because I’d really been hoping for that. Probably unwise, admittedly, but still, that’s what I wanted. There are a lot of good ideas here, that’s certainly true, but the worry I had was that they weren’t really executed very well. Some things were better than others. Certain things were not executed as well as they could have been; others should have been left out entirely.
Admittedly, that paints a pretty negative picture of my opinion, and that’s not quite true, because there’s a lot of things I really did enjoy. Like, for example, Michelle Gomez. Wasn’t she just fantastic? Quite possibly the best Master of the new series (sorry John Simm) and I’d wager she beats out quite a few of the classics too. I get the feeling I’d end up just listing each and every one of her scenes if I were to start to pick favourites – but weren’t each of her scenes, especially with Peter Capaldi, just really, really compelling?
But, hey, there’s nothing wrong with listing. The death of Osgood was a pretty wonderful moment (though I will miss her) and I totally agree with Moffat’s decision there – killing Osgood sets Missy up as a villain in a way that all her actions couldn’t really. We’re invested in Osgood, and the audience likes her, in a way that we wouldn’t be with Colonel Ahmed. It reminds me of this thing called a “pet the dog” moment actually – the idea being that if a character pets a dog, the audience will like them, because generally the audience will like dogs. Here, then, Moffat had Missy kill the “dog”.
Quite a lot of wonderful humour in there too; a favourite line of mine was, probably surprising no one, “Kill some Belgians, they aren’t even French”. Lots of very funny lines; but all ones which could have fallen flat, I think, if it wasn’t for the strength of Michelle Gomez’s performance. She really did hit every beat it was fantastic.
The characterisation there was absolutely on point. I realise a lot of people are accusing Moffat of getting it wrong, but no, they’re mistaken – elaborate schemes simply for the Doctor’s attention, and constant attempts to get their friend back (wasn’t that so sad?) have always been part of the Master’s MO, right from day one.
It also lead quite fantastically into the culmination of one of this series’ quasi-arcs – the question of whether or not the Doctor really is a good man. It’s been one of my favourite parts of this series, in fact, and I’m quite pleased with the resolution of it. Indeed, I’m hoping to do a full post on it soon (though with my time management skills, that could end up being closer to series 9 than to now) so I won’t comment on it much, but still, it was fantastic.
The use of the Master as the Doctor’s mirror concluded that thread quite well, and indeed rather poignantly; Missy’s attempts to get her friend back only confirmed to him that, despite his doubts, they really were pretty different. Dramatically, I think it has a lot of weight, and it was possibly the smartest way to draw that aspect of the series to a close without getting oppressively bleak.
And, of course, you’ve got to love this moment of realisation. Peter Capaldi is so wonderful:
I’m not a good man! I’m not a bad man! I’m not a hero! I’m not a President! And no, I’m not an officer! You know who I am? I am an idiot – with a box and a screwdriver, passing through, helping out. And I don’t need an army, I never have.
And I mean, that’s to be expected, isn’t it? Peter Capaldi, the Twelfth Doctor, the highlight of every scene he’s in. Absolutely wonderful.
Same goes of course for Jenna Coleman. And in this case I’d also say Samuel Anderson. The scenes they had together were… they weren’t poignant, that’s not quite the right way to describe it, because that implies a level of serenity I think. Their scenes were a bit distressing sometimes. In a good way, I mean; they were all very emotional moments, and certainly quite impactful ones.
The writing of those scenes was generally pretty good; nice bit of dramatic irony (I know technical terms!) where the audience knew who Danny was, yet Clara didn’t. I quite liked that; on the whole, that’s not the sort of thing I find that impressive, but here it’s clear enough that Danny would be a Cyberman, so those scenes where Clara finds out where made more effective because the audience already knew.
Really gotta love their acting though, don’t you? I mean, again, I find myself at a loss for words because I’ve used most of them already. Regardless, they both absolutely sold each moment; Danny’s final speech and sacrifice, Clara’s anger at Missy, and their goodbye as Danny lost his emotions. It all lead into a pretty wonderful ending…
As endings go, it was very melancholy, wasn’t it? I actually really liked it, for the most part. The Doctor and Clara, lying to each other, trying to make the other happy, not realising that they were both as miserable as sin. I’d go so far as to say actually that the Doctor lying about Gallifrey, and intercutting the Doctor’s scenes with Clara against the silent anger of his “finding” Gallifrey is quite possibly one of the smartest things Steven Moffat has written. The final moment with Clara simply walking away was wonderful, and I think it would have been a pretty appropriate place to leave Clara, if not a happy one.
(At the minute, I haven’t watched the Children in Need clip, although I am aware that it makes it clear this isn’t quite the ending. It’s a shame, admittedly, because I really did quite like this idea… but I do trust them to still make it work. Possibly.)
Now, while there were plenty of other brilliant things in the episode (the Cloud base! Skydiving into the TARDIS! UNIT!) the ending was also where the episode began to dip in quality, so it makes sense, I suppose, to segue into my own criticisms of those moments.
Going in chronological order then…
I wasn’t impressed by the Brigadier. I know, I know, but hear me out here. Ultimately, his appearance was superfluous – we all know that the Master is coming back, so the Brigadier didn’t save the Doctor from any hard decisions or realities there. When the Master does come back, it’s simply going to make this moment look a bit rubbish, and the Brigadier ineffectual. And, also… where does that moment actually work, in terms of the plot? How does it work, in terms of the logic and the rules? Why didn’t the Brigadier fly away and explode with the other Cybermen? Perhaps more importantly, where is he now? The thing is, other than being kinda sad and touching for a few short moments, the whole thing really does just fall apart if you think about it, and doesn’t quite work as what it was meant to – a salute to the Brigadier. The inclusion of Kate really is enough.
Clara’s “Two weeks later” moment, Danny’s potential resurrection, wasn’t handled all that well I thought. Part of it was time restraints, I think, and it seemed like there might have been another draft which worked better. A lot of exposition was delivered by Clara, and very quickly, and then the glowy portal talking and the boy emerging happened faster still. Certain aspects of that were a bit contrived as well – it was pointed out on another site that it would have been better if the explanation was not that the bracelet was running out of power, rather that it could only take one person at a time in one direction at a time. Maybe then if that scene was longer, perhaps there’d be a little more time to process things, and for them to be better developed, meaning one would get the full impact from it, if that makes sense. (Mind you, I did like the Doomsday parallels, that was a nice touch.)
As well as that, not entirely convinced the boy had enough set up for his moment to work. He was, after all, entirely mute, and didn’t have a screen time totalling more than a few minutes across both episodes. There’s also the fact that, you know, he’s a very young child, probably doesn’t speak English, his parents are almost certainly dead, he comes from a war torn country, and he himself has been dead for a least a good couple of years – what exactly does Danny expect Clara to do here? Now, admittedly, I can’t quite think of a way to make it work better, which undercuts what I’m saying a little. The scene struck me as off, regardless.
Final complaint, and perhaps an obvious one.
I didn’t like Santa Claus.
I know, I know. It was just… I think it was a mistake, to place that post credits scene there like that. It was tonally inconsistent to say the least, and completely at odds with the ending we’d just had for Clara. The problem isn’t Santa Claus himself – the Christmas special looks fantastic! – but rather the placement of his appearance was very, very jarring. In The Writer’s Tale, there’s a discussion between RTD and Ben Cook wherein they talk about the merits of having Cybermen turn up at the end of Journey’s End, after Donna’s goodbye moment. The decision in the end was to leave them out, because they’d distract from the emotion of the moment; a trailer at the end would do the same job of looking forward to the future.
It seems odd to me that a similar choice wasn’t made here, because the same arguments apply pretty much exactly. Even to the point that they played a trailer as well! Very odd. Not the end of the world, admittedly, but it did detract from the quality of the rest of the episode.
Okay then so.
Death in Heaven.
In a nutshell?
Some excellent ideas. Some excellent execution of those ideas. But also, similarly, some flawed execution of those ideas, which ultimately brought it down a bit.
A mark out of ten is… difficult, I think. Really, it’s an 8.5 out of 10, but I dislike giving half marks. So I will, I think, round down to 8/10, because I don’t think it’s quite good enough for a 9.
(On another note, apologies for the lateness of this review. Real life got in the way, I’m sure you know how it is. Across this week, I am hoping to write pieces about the series as a whole, and the character arcs of the Doctor and Clara – I’d expect those to be up at some point around the weekend.)
Doctor Who Review: The Day of the Doctor
December 28, 2013 July 25, 2018 ~ alexmoreland ~ Leave a comment
Waste no more time arguing about what a good man should be. Be one.
Marcus Aurelius, Meditations
I went to see The Day of the Doctor in cinema. It was one hell of an atmosphere, which was both brilliant, and, at times, completely surreal. (One of the strangest sights I’ve seen in a long while was a Matt Smith lookalike, in full purple frock coat costume, standing in line to buy a Big Mac)
There were so many people there – some in full costume, others with David Tennant T-Shirts (I personally preferred my Colin Baker shirt, but hey) and many more with sonic screwdrivers and scarves. It was a really, really fantastic sight to see – hundreds of people, who perhaps wouldn’t normally talk or know each other, all together because of one little TV show. That was one of the best parts of the evening, really – seeing, for example, someone who could have watched An Unearthly Child, way back at the start, here today to watch this 50th Anniversary special.
The opening titles were lovely; to see that old howlaround effect from fifty years ago on the big screen was fantastic, and a little bit heartwarming. There were plenty of other little moments like that as well, some more overt than others. My own personal favourite reference to the past was the Doctor’s promise – “Never cruel or cowardly. Never gives in and never gives up” being the maxim that Terrance Dicks used to describe the Doctor’s character. Other, more subtle ones filled the episode as well – Clara works at Coal Hill School, with Ian Chesterton, the code for the Vortex Manipulator is the date and time of An Unearthly Child’s first broadcast, etc etc.
From there, then, we’re introduced to our current Doctor (how strange it is to think of him otherwise), Matt Smith. Right from the off, he’s brilliant. As expected really; I don’t think Matt Smith has ever given a poor performance. The same goes for Jenna Coleman, who does a great job as the Doctor’s best friend, and later conscience.
The other actors all give stellar performances as well – Jemma Redgrave and Ingrid Oliver do great work as the new UNIT family. It was also really wonderful to see David Tennant back – he was my first Doctor, and it was really really exciting to see him back, as the Doctor, once again.
John Hurt, is, of course, the actor around whom all the questions were asked. Obviously, the questions weren’t going to be about his acting prowess – it’s John Hurt for goodness’ sake!
It’s his role in Doctor Who that people were, understandably, curious about. He was fantastic; he acted as the embodiment of the classic series, asking pertinent questions about just who he becomes (“Why are you so afraid of being grown ups?”) Mocking and sarcastic, his dynamic with Matt and David was what really made this special special.
In fairness, however, it may well have worked better with Paul McGann in that part – given that he was part of the Classic series, he could perhaps have better served as it’s voice. Given that has all been and gone though – and John Hurt really was amazing – there’s little point in wishing for what could have been…
Nick Hurran did a fantastic job with the direction – viewing it in 3D, there was a real depth to the visuals, which I think added another dimension (a third dimension!) to the episode. A few sequences which stand out would be the Eleventh Doctor under the TARDIS at the beginning, and the three Doctors together in the painting towards the end.
Steven Moffat deserves a fair amount of praise for this I think. He said a while back that this was the most difficult episode to write because there was so much riding on it, and so many people to please – for me, at least, the episode was a success. Every aspect of the plot linked in together perfectly – the story with UNIT and the Zygons mirroring the problem faced by John Hurt’s Doctor. (Some of the bits with Elizabeth I, however, were cringeworthy at best, and at other times completely inappropriate.)
My only gripe, I suppose, is losing RTD’s version of the Time War, a concept which I really loved. Still, I’m relatively sure there’s a way to reconcile the two interpretations – that’s what fanfiction is for, no?
Despite that though, the return of Gallifrey – through the work of all thirteen Doctors, no less! – was a moment of triumph which worked really, really well here. The montage of clips with previous Doctors was very nice, and rather fitting as well.
There’s a really lovely moment, which I think is worth mentioning. It’s at the point where Matt Smith tells his fellow Doctors that there is, in fact, another way to end the Time War.
David Tennant turns around and, in a moment of jubilation, high fives the TARDIS.
That’s absolutely fantastic, and it mirrors, I think, the way I reacted to this special – I really, really loved it.
50/50, as it were.
50 Days of the Doctor Who 50th
Hello! I’m Alex. Felt I needed some text underneath my face, just to break up the sidebar a bit.
Omari Douglas on It’s A Sin, moving from stage to screen, and more January 18, 2021
Doctor Who Review: Revolution of the Daleks January 3, 2021
On 2020 January 1, 2021
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Mawooshen: Life and Landscape
of the Maritime Archaic
Last month, American photographer Jonathan Levitt, together with Los Angeles-based publisher Snail Press, released a new beautiful printed gem named ‘Mawooshen: Life and Landscape of the Maritime Archaic’, featuring over 100 carefully selected film photographs taken over the last 10 years. The name of the book refers all the way back to 1605, when British Captain George Waymouth explored what we now know as Midcoast Maine, in an expedition that included a certain gentleman named James Rosier, who wrote a detailed account that was published in England. During this exploration Waymouth and his men kidnapped five Natives and took them to England. The captives reportedly called their homeland Mawooshen. With his book, inspired by Paleolithic animism, western natural history, and shadow archaeology, Levitt creates and alter-world, named after the original native moniker of the lands, through deeply fascinating photographs of geography, plant and animal life, people, and built objects. All of the images are unstaged, analog, and accompanied by fragments of description. The photographs are arranged according to the seasons in which they were taken and span three cycles. The effect is cumulative and modal like a chant. By telling the story of ‘Mawooshen’ cyclically and ending with the ellipsis of a third spring, Levitt’s cosmology pushes against the linear, eschatological myth of western culture.
Among the islands and coastal mountains of Penobscot Bay in Maine, Jonathan Levitt uncovers a mythological ecology of place — a map of the uncanny.
Based in the small town of Linconville, in the state of Maine, Jonathan Levitt is a graduate of Hampshire College, the Dubrulle French Culinary Institute of Canada, and the Masters Program in Gastronomy at Boston University. He originally studied to be a journalist combining this degree with one in sustainable agriculture, an influence that is quite evident throughout his portfolio today. After graduating he quickly caught the attention of some of Americas largest independent magazines —partly through his excellent, now defunct, blog named Grassdoe— as well as internationally known titles such as Sports illustrated and New York Times. Some of the other names on his portfolio are the inspirational The Collective Quarterly,The Boston Globe, Filson and T. Adler Books.
Snail Press is an independent Los Angeles-based publisher dedicated to producing limited edition, high-end art books of literature, poetry, fine art and photography. Their aim is is to publish high quality, content rich books of established and emerging artists, the topics of which address the broad range of what it is to be human, and the artistic expression that identifies us as such. Next to Levitt’s ‘Mawooshen’ they have published books by Jack Healy, Thom Thinn, Brian Torrey Scott and several publications by the very talented America Martin.
Order ‘Mawooshen’ online here
Sophie Tajan
BIG ART artists: Katinka Lampe
Adam Stennett
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Q. Where is the research room of the Special & Area Studies Collections Department located?
The research room of the Department of Special & Area Studies Collections is located on the second floor of the Smathers Library, which is adjacent to Library West on the north edge of campus off W. University Avenue. Library West is a good landmark as it has a 3 story glass wall and a large brick sign facing West University Avenue. Smathers Library (aka Library East) is joined to Library West by a covered walkway. Mailing address: Department of Special & Area Studies Collections; P.O. Box 117005; 208 Smathers Library; University of Florida; Gainesville, FL 32611-7005; Telephone: (352) 273-2755. The physical address is 1508 Union Rd. The building is on W. University Ave. just west of the intersection with US 441/SW 13th St. on the northeast corner of campus. There is a Visitors & Guests page for the Libraries at: http://www.uflib.ufl.edu/visitors.html with a link to the interactive campus map http://campusmap.ufl.edu/ and a good set of directions for visitors with a helpful sketch map at http://www.ufl.edu/about-uf/directions// Please note that parking on campus can be a problem for visitors. There are two private lots north of University Ave. (SR 26): the closest is directly across from Library West and there is one a block north of the St. Augustine Church at 16th Street.
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Records of the Office of External Relations
External Relations Vice Presidency and reporting units
The World Bank's external affairs function can be described as a hybrid: combining diplomatic and consultative activities commonly associated with a government's foreign ministry, with the public relations activities of a strategic communications firm. A functional definition of external affairs used in this fonds includes:
Developing and maintaining relations with external groups and shareholders, such as the media, the public, development community and Bank member countries in order to increase public support for, and awareness of, the mission and work of the World Bank Group;
Supporting high-level Bank staff in their interaction with external groups and shareholders;
Liaising with non-governmental and international organizations, including the United Nations. Note that, beginning in 1987, this sub-function was shuttled in and out of the units responsible for the external affairs function. As a result, records related to liaison can be found in other fonds. See the Related Units of Description below for location of records in other fonds;
Managing an internal communications program responsible for informing Bank staff of significant events and developments inside the Bank;
Publishing and distributing Bank research and technical and informational publications;
Coordinating technical assistance coordination activities. Note that EXT-related units were not the only ones responsible for this sub-function in the Bank and that in 1981 this sub-function was permanently and completely transferred to the Bank's regional operations units. See the Related Units of Description below for location of records in other fonds.
The following administrative history provides detail on the transfer of functions into and out of the units responsible for external affairs and provides more information on the nature of the functions described above.
The World Bank's external affairs function appears to have been established in 1947; there is no mention of it in the Bank's 1946 directory. Its first iteration was as the Public Relations Department (PRD) with Drew Dudley acting as Director. The Department reported to Vice President Robert Garner and was responsible for:
the development and application of Bank policies for the dissemination of information concerning the purposes, activities and accomplishments of the Bank;
planning, promotion, and execution of information programs in the Bank's member countries through print, media, and published speeches and booklets;
maintaining contactwith the United Nations (UN) and other international organizations;
cooperating with the Marketing Department on information programs affecting the sale of the Bank's securities;
and monitoring the press for commentary on the Bank and its work and circulating this information through the institution.
In late 1949, Drew Dudley was sent to Paris to be the Bank's new Director of Public Relations for Europe. The Bank's European Office was responsible for:
maintaining liaisons with the European member governments and European international organizations;
arranging for the sale of Bank securities in Europe, including the sale of portions of Bank loans;
carrying out information programs;
and performing administrative functions, particularly regarding accommodation and secretarial arrangements for meetings, translations, travel within Europe, etc.
Over the subsequent decades, the Bank opened offices in a number of other cities, including London and Tokyo, in order to perform public relations activities.
William Ayers briefly replaced Dudley as Director of PRD on 1 November 1949 but passed away shortly thereafter. Harold N. Graves was named the Department's new Director on 20 November 1950. He served in this role for the next seventeen years.
In 1951, responsibility for liaising with the UN and other international organizations was removed from PRD and placed in the new Technical Assistance and Liaison Department (TAL).
In 1953 the Department's name was changed to the Office of Public Relations. Two years later, in 1955, its name was changed again, to the Office of Information (INFO). The 1955 change coincided with an addition of new staff and new responsibilities. In addition to previously described activities, INFO was given the following responsibilities:
providing public relations services for the new International Finance Corporation (IFC);
publishing the Bank's Annual Report;
maintaining regular relations with the media;
arranging and publicizing speaking engagements for the Bank's Executive Directors, managers and staff, and assisting in writing speeches and scripts;
maintaining a films and photograph library on the Bank and its development work;
and clearing all materials proposed for publication by staff members.
INFO continued to report to Vice President Garner until his retirement from the Bank in 1956. Over the next decade INFO reported to: Vice President W.A.B. Iliff (1956-1962); Vice President Geoffrey M. Wilson (1962-1966); and Vice President and Chairman of the Loan Committee, J. Burke Knapp (1966-1967).
In 1967 the Office of Information reported to the Technical Assistance and Liaison Department's (TAL) successor, Development Services Department (DSD; see below for more detail on these two units). That same year William Clark replaced Harold Graves as the Office's Director.
The following year the Office was renamed the Information and Public Affairs Department (IPA). At the same time, divisions were created within the Department: Public Affairs Division (IPAPA); Afro-Asian Division (IPAAA, renamed the Africa, Middle East and Asia Division [IPAAM] in 1969); IFC Information Services (IPAFC); and the European Information Services Division (part of the European Office). In 1968, the Department's responsibilities included:
monitoring and analyzing outside events and opinion with regard to the Bank's operations;
preparing and distributing news announcements, brochures, reports, speeches and other items on subjects relating to the Bank Group's activities; .
maintaining relations with information media, academic institutions, business organizations, public affairs groups and other bodies;
organizing speaking programs and information conferences;
commissioning, obtaining and arranging for the outside use of films, photographs and radio tapes dealing with the Bank Group's activities;
supervising the production and distribution of books published by the Bank Group;
and maintaining an internal communications programaimed at keeping Bank staff informed of significant events and developments inside the Bank.
In January 1970 the IPA was moved out of the DSD and began reporting directly to the Office of the President (EXC). At the same time the Public Affairs Division (IPAPA) was terminated and, early the next year, an Editorial Division (IPAED) was created. IPAED's primarily responsibility was to handle the production of the Annual Report as well as the semi-regular publication "Policies and Operations" and the in-house publication, "Bank Notes". Note that "Bank Notes" was the successor to "International Bank Notes". The latter had been published by the Bank's Personnel Division since 1946.
In 1973, a major organizational change occurred with respect to the IPA and the aforementioned Development Services Department (DSD). A new External Affairs Staff (ERS) complex was created that was composed of the IPA, the Economic Development Institute (EDI), the European Office (EUR), and the DSD, which was renamed the International Relations Department (IRD). William Clark was named Director, External Affairs (DER); Lars J. Lind served briefly as Clark's replacement as Director of IPA before John E. Merriam became the new permanent Director. The following year, in 1974, ERS was elevated to the status of Vice Presidency (EXTVP) and William Clark was promoted to Vice President, External Affairs (VPE).
IPA and IRD would reside in the same Vice Presidency together until 1987. IRD had its origin in the Technical Assistance and Liaison Staff unit (1946-1961) and the Development Services Department (1961-1973); the latter was formed when the Technical Assistance and Liaison Staff (TAL) unit was combined with the Economic Development Institute (EDI), although EDI was removed from DSD soon after in 1964.
As of 1971, functions of the DSD included:
coordinating technical assistance and formulating policies and procedures for the administration of such assistance in conjunction with the operating departments;
establishing and maintaining formal relationships and working arrangements with Part I countries and other intergovernmental organizations, including the UN and its specialized agencies. Note that liaison with the UN was the responsibility of DSD's Special Representative to the UN, a position created in 1964 as a result of increased liaison activities with UN organizations and the Bank's expansion into agriculture and education project lending;
and conducting studies and proposing policies on questions ofgeneral concern to the Bank as assigned by the Bank President.
Prior to its inclusion in the new ERS, DSD also briefly included an Office for a Special Representative for Inter-American Organizations from 1970 to 1972 (at which point it was moved to the Front Office of the Vice President, Latin America and the Caribbean [LCNVP]). DSD also included the Secretariat of the Consultative Group on International Agricultural Research (CGIAR) from 1971 to 1973 (at which point it briefly reported to the Director, External Affairs before being reorganized into the Agriculture and Rural Development Department [AGP]). In 1973, the Bank's Economic Development Institute (EDI) began to report to IRD. The following year, however, EDI began reporting directly to the new EXTVP.
Between 1973 and 1982, the Information and Public Affairs Department (IPA) underwent only a few minor divisional changes. In 1973, the Africa, Middle East and Asia Division (IPAAM) was terminated and its functions were transferred to the re-established Public Relations Division (IPAPA), which consequently assumed responsibility for communications activities in all Part II countries. Further, an Audio-Visual Division (IPAAV) was opened to handle contacts with broadcasters and photographers, maintain a library of audio-visual materials documenting Bank projects, and provide technical support for audio-visual equipment to the rest of the Bank.
That same year, the IFC Information Services Division (IPAFC) was transferred out of the Department to the IFC Executive Director, External Relations. In late 1975, a Professional and Technical Publications Unit (IPAPT) was established to take on the administration of the Bank's ever-growing professional and technical publications program, which included the publication of country economic reports, sector reports, staff papers and books. And in early 1979, a News Unit (IPANS) was established in the Front Office of the Director, IPA; the Unit would later be upgraded to the Press and Information Office (IPAPI).
In 1978, the Bank's liaison activities with UN agencies in Europe were delegated to a newly established Geneva Office (IRDGO), staffed by a World Bank Representative to the UN and two assistants. The Geneva Office was established to reduce the workload of the Special Representative to the UN in New York, who was previously responsible for representation at all UN agencies of interest to the World Bank. Like the New York Office, the Geneva Office reported to the Director of the International Relations Department (IRD) in EXT.
In 1981, as a result of a joint ERS/Organization Planning Department (OPD) review of the Bank's external affairs function, the Information and Public Affairs Department was reorganized more significantly. The Public Affairs Division (IPAPA) was strengthened through the addition of a Unit responsible for Part I countries and additional staff for Part II country activities. In addition, the publishing functions located in IPA's Editorial Division and Professional and Technical Publications Unit were transferred to the newly established Publications Department (PUB) which would exist alongside the IPA, IRD, and European Office within the EXTVP. Staff and budgetary resources of PUB were increased and an effort to develop a more comprehensive publications program was undertaken. The department initially consisted of: an Editorial Division (PUBED); a Professional and Technical Publications Unit (PUBPT); and a Publications and Distribution Unit (PUBPD).
An important change in the International Relations Department occurred as a result of the ERS/OPD review. To satisfy a growing demand for technical assistance by member countries and for technical assistance experts by the regions, the Technical Assistance Division (IRDTA) and the Advisory Planning Division (IRDPL) were terminated and their activities were transferred to the regional vice presidencies and to the Central Projects Staff (CPS). As a result, IRD's primary responsibility became liaison with the UN system and other international organizations.
The following year, Frank R. Vogl replaced John Merriam as Director of IPA. The same year saw a number of divisional changes occur within IPA, although there was minimal impact on the unit's functions.
A more significant change was that, effective 1 April 1983, EDI was removed from the EXTVP and assigned to the Vice President, Operations Policy (OPS). From this point on, EDI, later renamed the World Bank Institute (WBI), would never again be part of the external affairs complex of functions.
As part of the 1987-88 Bank-wide reorganization under President Barber Conable, the Information and Public Affairs Department (IPA) was dismantled as was the Office of the Vice President, External Affairs (EXTVP). A new External Affairs Department (EXT) was established effective 1 February 1988 with Francisco J. Aguirre-Sacasa appointed as Director. EXT reported to the Office of the Senior Vice President, External Affairs and Administration (EAASV) alongside such sizable units as the Internal Auditing Department (IAD), General Services Department (GSD), Information, Technical, and Facilities Department (ITF), and Office of the Vice President, Personnel (VPPER).
Within EXT, among other smaller divisional changes, a new Internal Communications Review Committee was created to review all matters of internal communications requiring management attention. However, the most significant change internal to the EXT complex was the termination of the International Relations Department, which had been responsible for maintaining relationships with international organizations, NGOs, and the UN, among others, and the transfer of its responsibilities to the newly established Strategic Planning and Review Department (SPR). However, this departure was only temporary, as the departments related to the former IRD were returned to EXT by 1990 following the termination of SPR.
EXT only reported to EAASV through 1989. The Department then reported to the Office of the Senior Vice President, Policy, Research and External Affairs (PRESV) on 1 January 1990 alongside SPR, the Vice President, Sector Policy and Research (PREVP), and the Vice President, Development Economics and Chief Economist (DECVP). As part of this minor reorganization, the Public Affairs Division (EXTPA) and the Media and Communications Division (EXTMC) were merged into the new Information and Public Affairs Division (EXTIP). At this point, Alexander Shakow was named Director of EXT.
In 1990 the reorganized External Affairs Department was responsible for:
setting objectives and priorities, in conjunction with the EAASV, for the Bank's external affairs program;
marshalling support for the Bank and its work in Part I and Part II countries;
informing and maintaining regular contact with print and electronic media and with influential constituencies such as non-governmental organizations (NGOs), academia, parliaments and business groups;
publishing and disseminating Bank research, policies, and views on development issues;
gathering and feeding back information on outside events and opinions that bear on the Bank's operations;
and supporting and coordinating activities of the decentralized External Affairs staff.
In October 1991, all Senior Vice Presidencies, including the Senior Vice President, Policy, Research and External Affairs (PRESV), were abolished. EXT was transferred to the Personnel and Administration Complex and the EXT Director started reporting to the new Vice President, Personnel and Administration (PAAVP). No functions were altered during this change and the Department's divisions remained essentially the same. In the Bank's 1992 Directory, the functional responsibilities of the Department's Information and Public Affairs Division included: media information; editor: "Banks World"/Weekly Bulletin; editor; "World Bank News"; and business, finance, and community relations. The International Economic Relations Division responsibilities included: non-governmental organizations, United Nations,O.E.C.D., and E.C. liaison; Small Grants Program; and Development Committee. The publication function continued within the Department in the new Office of the Publisher (EXTOP).
On 1 January 1993, the International Economic Affairs Division as well as the UN Special Representative in New York were again removed from EXT and, with them, functional responsibility for liaison with NGOs and international organizations. The two were moved into the new Operations Policy Department (OPR) in the Human Resources Development & Operations Policy Vice Presidency (HRO).
By March 1994, EXT had been removed from PAAVP and began to again report directly to the Office of the President. In the fall of the same year, Mark Malloch Brown took over as Director of EXT. The Department's functions remained relatively unchanged. At this point, it maintained Information and Public Affairs (EXTIP) and Europe (EXTEU) Divisions as well as a number of units: Distribution (EXTDI); Editorial and Production Services (EXTEP); Film (EXTFM); Marketing (EXTMT); and Publications (EXTPB). The London Office (EXTLO), Office of the Publisher (EXTOP), and Tokyo Public Affairs staff also reported to the EXT Director.
By January 1996 the Department was upgraded to a Vice Presidency, making Brown the Vice President of EXT. In April of the same year, the UN liaison function was returned to EXT in the form of the United Nations Affairs Office (EXTUN). Functions otherwise remained constant in the new VP with the exception of the creation of a small grants program. Functions related to rights and contracts and regional operations support were added in 1998.
Bank President Jim Wolfensohn's Bank-wide reorganization of 1997-98 introduced a small number of managing directors through which Vice Presidents would report to the Office of the President. However, External Affairs reported to both Managing Director Sven Sandstrom and directly to the Office of the President. Despite the reporting structure and other changes in the Bank, the functions of the EXT Vice Presidency were not changed. This is reflected in the units that constituted EXTVP: Media; Part 1 Relations; Internal Communications; Regional Operations; Office of the Publisher; and the Special Representative, New York UN Office. The Vice President, Europe as well as the Resident Representative to the U.K. and the Special Representative, EU Institutions, also reported to EXT.
In the summer of 1999, Mats Karlsson became the Vice President of EXTVP. At some point between September 1999 and September 2000 the VP changed its name to emphasize the inclusion of the UN liaison activity, becoming the External Affairs and UN Affairs Vice Presidency.
In 2002, EXT partially regained responsibility for liaison with NGOs and international organizations. In 1997 the function had moved from the Operations Policy Department (OPR) to the Social Development Department's Non-Governmental Organization Division (SDVNG). In 2002, functional responsibility for coordinating the Bank's corporate engagement work with international and non-governmental organizations was returned to EXT. This was, however, limited to the external aspects of the function; SDVNG maintained responsibility for internal policy and planning work related to liaison. As part of this team-based approach, the two cooperated on activities such as dialogue and consultation, staff training, and knowledge management.
In 2002 Vinay K. Bhargava served briefly as acting VP of EXT. He was replaced by Ian A. Goldin in 2003. That same year saw achange in name to the VP that more accurately reflected its responsibilities: External Affairs, Communications, and United Nations Affairs. According to the 2003 Bank Directory its functional responsibilities now included: media relations and broadcast services; internal communications, including web and "Bank's World Today" publication; community outreach; UN relations; US relations; civil society (i.e. international and non-governmental organizations) relations; speaker's bureau (i.e. speechwriting for high-level Bank staff); World Bank InfoShop management; publications production services; publications marketing and rights; publications acquisitions and client relations; and resource management.
In 2007, Marwan Muasher replaced Goldin as head of EXTVP. He served in this position until 2010. Caroline Anstey acted as EXTVP for about a year before Cyril Muller assumed the position in November of 2011.
In 2013, EXTVP was part of a broader reorganization of the Bank's corporate support functions. The external relations of the IBRD and IDA managed by EXTVP were integrated with the International Finance Corporation's (IFC) Corporate Relations (CCR) to form the new External and Corporate Relations Vice Presidency (ECR). ECR formed one part of the new World Bank Group Integrated Services (WBGIS) along with the Human Resources Vice Presidency (HR) and the Information and Technology Solutions Vice Presidency (ITS). Together, the three VPs reported to Managing Director Caroline Anstey. Cyril Muller continued onas Vice President of the new unit.
Aside from the integration of IFC support, ECR's functions remained relatively unaltered. As of February 2015, the unit's website described its activities as follows: "ECR manages corporate communication and relationships with key stakeholders, including media, civil society, private sector, donor countries, and international organizations, as well as coordinating staff engagement and internal communication within the Group. ECR publishes the WBG's research and knowledgeproducts, and manages the Group's corporate identity and branding. ECR is also responsible for the Bank Group's corporate online and social media presence, and produces content for a wide variety of platforms, including print, broadcast, and web."
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P.E.I. reports 2 new COVID-19 cases, including student at Charlottetown Rural High
Published Saturday, November 28, 2020 2:59PM AST Last Updated Saturday, November 28, 2020 5:53PM AST
Dr. Heather Morrison is pictured in this file photo.
HALIFAX -- Prince Edward Island health officials are reporting two new cases of COVID-19 on the island Saturday.
Chief Public Health Officer Dr. Heather Morrison says the two new cases are unrelated.They are:
A male student at Charlottetown Rural High school
A male between the ages of 10 and 19, who travelled outside Atlantic Canada and was self-isolating
Dr. Morrison says the student at Charlottetown Rural High school is now isolating, and has mild symptoms.
P.E.I. Public Health is contacting his close contacts. They will all need to self-isolate until their test results come back negative, and Dr. Morrison says some will have to isolate for 14 days.
The student travelled to school by bus, on Nov. 25 and 26. Dr. Morrison says students who were on the same buses will be contacted and asked to get tested.
The bus numbers were no. 3 and 23 to Charlottetown Rural High School, and no. 3 and 23 home from school.
Anyone who sat within six feet of the student will be considered a close contact, and will be asked by Public Health to self-isolate for 14 days.
Out of what Dr. Morrison calls an abundance of caution, all staff at Charlottetown Rural High School are also being asked to get tested for COVID-19.
Testing clinics will have additional staff on Saturday, and open from 12 to 8 p.m.
PUBLIC EXPOSURE LOCATIONS
There are two public exposure notices associated with the student at Charlottown Rural High School:
Wendy’s Restaurant, 634 University Avenue in Charlottetown on Wednesday, Nov. 25, and Thursday, Nov. 26 from 11:30 a.m. to 1 p.m. on both days
Needs Convenience, 259 St. Peters Rd., Charlottetown on Thursday, Nov. 26, from 9:30 to 11 p.m.
Dr. Morrison advised anyone who was at these locations during these times to self-monitor for symptoms, and get tested if any are noticed.
The person in this case also plays hockey with the Sherwood Minor Hockey team no. 2. All close contacts through hockey will be contacted through public health.
Dr. Morrison says contact tracing is still underway for this case.
The male involved in the second new case travelled outside Atlantic Canada, and has been self-isolating since arriving on the island.
Dr. Morrison says he is “doing well”, and will continue to isolate at home. He is not a student in P.E.I.
All of his close contacts have been called and are self-isolating.
He flew to P.E.I. on Thursday, Nov. 26 on Air Canada flight AC7462 from Toronto to Charlottetown. Morrison says anyone who was on this flight should monitor for symptoms.
To date, P.E.I. has had 72 total cases of COVID-19, 68 recoveries, and 53,771 negative test results.
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Republicans are lining up to primary Steve King
In his nearly two decades as a congressman representing Iowa’s 4th district, Steve King has become famous for precisely one thing: being a white supremacist.
King has re-tweeted neo-Nazis and refused to apologize for it, endorsed a white supremacist fringe candidate in the Toronto mayoral race, made frequent trips to visit the far-right government of Austria, and, in the run-up to last year’s midterms, referred to immigrants as “dirt.”
King’s racist tendencies resurfaced again this Thursday when The New York Times published an interview in which the congressman defended white nationalism. “White nationalist, white supremacist, Western civilization — how did that language become offensive?” he said. “Why did I sit in classes teaching me about the merits of our history and our civilization?”
King’s latest comments triggered a wave of backlash. Rep. Justin Amash (R-MI) condemned King, tweeting that such an “embrace of racism…has no place in Congress or anywhere.” Another Michigan Republican, Rep. Paul Mitchell, said King’s “embrace of these terms and philosophies” was “fundamentally wrong and offensive.” And Rep. Tim Ryan (D-OH) called on House Minority Leader Kevin McCarthy to repudiate King’s remarks. Even right-wing commentator Ben Shapiro, who has previously defended King’s racist remarks, said King should be censured and primaried.
In Iowa’s 4th district, similar outrage over King’s continually racist behavior is compounded by yet another problem: he doesn’t actually do anything for the district.
During the 2018 midterms, one of Democratic challenger J.D. Scholten’s main talking points was the fact that in his 16 years in office King had only authored one bill: to rename a post office which was no longer in his district. At a time when Iowa farmers are suffering due to low prices and a trade war with China, that inaction was frustrating to voters.
King still managed to defeat Scholten in the November midterms by a slim margin of 3 percentage points — notably in a district which voted Trump over Clinton by an average of nearly 70 percent in 2016.
But Iowa voters may yet have a chance to push the nine-term congressman out of office. This week, two new challengers, Iowa state Sen. Randy Feenstra and former businessman Bret Richards, declared they would primary King in the district’s 2020 congressional election. And this time around, the combination of King’s white supremacist rhetoric and political inaction, combined with Feenstra’s and Richard’s conservatism, may be just the thing to ring in a new era in the state.
“Today Iowa’s 4th district doesn’t have a voice in Washington, because our current representative’s caustic nature has left us without a seat at the table,” Feenstra said in his announcement on Wednesday. “We don’t need anymore sideshows or distractions, we need to start winning for Iowa’s families.”
Richards expressed similar frustrations. “Living here my whole life, it’s frustrating to see how ineffective he has been,” he told The Des Moines Register on Thursday. “For the 4th district, we do not have great representation in Congress. And we need it.”
Whether either of these challengers would be a marked change from King is unclear. On his website, Feenstra proudly talks about his record cutting taxes, supporting pro-life causes, and passing suppressive voter ID legislation. Richards has been less forthcoming about his stances on traditionally conservative issues, but did tell the Register that King needed to answer for his racist rhetoric, promising he would not “embarrass the state” as King had, if elected.
What the early primary declarations do prove is that, even within the Republican Party — and despite its outward refusal to condemn King’s nationalism in the past — the sharks are circling.
Already, King has lost the support of Iowa Gov. Kim Reynolds (R), who announced Wednesday she would not support King in the primary. But the long-running congressman seems no more eager to make amends for his behavior, despite the pressure.
Both Feenstra and Richards may be able to succeed where figures like Scholten could not. Despite his emphasis on agriculture, family farms, and reforming the tax code to benefit working-class Americans, Scholten was unable to convince enough voters to swing to the center, to remove King from office. Now, with two Republicans in the mix, vying to do the same, there’s a higher chance one of them may just tip the scales enough to persuade Republicans enough is enough.
Whatever happens, it’s clear King — once comfortable in his seat on Capitol Hill — is already on the defensive.
In a written statement Wednesday, King bitterly critized Feenstra’s 2020 campaign, calling him a pawn of “establishment puppeteers” and suggesting he would bring nothing but “warmed over” liberal talking points to Congress.
And on Thursday, amid the backlash to his comments in the Times, King, who typically refuses to walk back any of his extreme rhetoric, attempted to do damage control, in the form of a half-hearted apology: “I want to make one thing abundantly clear; I reject those labels and the evil ideology that they define,” he said.
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Man Who Operated Physical Therapy Clinics Stole Millions from Medicare Program
A Brea man who operated rehabilitation clinics in Walnut, Torrance and Los Angeles has been convicted by a federal jury of defrauding Medicare out of millions of dollars.
Simon Hong (who is also known as Seong Wook Hong), 54, was convicted Wednesday of eight counts of healthcare fraud, nine counts of illegal kickbacks related to healthcare referrals and two counts of aggravated identity theft.
The scheme revolved around clinics operated by Hong’s companies called Hong’s Medical Management, Inc., CMH Practice Solution, and HK Practice and Solution, Inc. According to the evidence presented at trial, Hong conspired with others to submit false claims to Medicare. As part of the scheme, Hong recruited Medicare beneficiaries and provided uncovered services like massage and acupuncture for them. Even though the beneficiaries did not receive actual physical therapy, the co-conspirators billed Medicare for physical therapy, and then funneled 56 percent of the reimbursement funds back to Hong.
Through this scheme Hong and his co-conspirators billed Medicare from the spring of 2009 until November 2013 and received approximately $2,929,775 in reimbursements, of which Hong received approximately $1,640,674.
After the jury returned its verdicts, United States District Judge David O. Carter set Hong’s sentencing hearing for January 9, 2017, at which time Hong will face a statutory maximum sentence of 129 years in prison and a mandatory minimum sentence of two years in prison.
Hong is one of 10 defendants who were charged in 2015 and early 2016 for healthcare fraud related to physical therapy. Eight others have pled guilty, and one, David Y. Kim, 54, of Los Angeles, remains a fugitive. Those previously convicted in the investigation are:
Joseff Sales, 39, of Buena park, pleaded guilty last January to one count of healthcare fraud and one count of illegal kickbacks;
Danniel Goyena, 39, of Buena Park, pleaded guilty last December to two counts of healthcare fraud;
Marlon Sonco, 39, of Sylmar, pleaded guilty in June 2015 to conspiracy;
Eddieson Legaspi, 40, of Lomita, an employee of Rehab Dynamics, pleaded guilty in August 2015 to conspiracy to commit healthcare fraud;
Ohun Kwon, 50, of Fullerton, the owner/operator of E.K. Medical Management, which referred patients to Rehab Dynamics, pleaded guilty in August 2015 to conspiracy to commit healthcare fraud and was sentenced last week to 27 months in federal prison;
Leovigildo Sayat, 39, of Torrance, an employee of RSG Rehab, pleaded guilty in October 2015 to conspiracy to commit health care fraud;
Byong Chun “David” Min, 68, of Irvine, co-owner/operator of Glory Rehab Team, which operated as Dream Hospital in Orange County, pleaded guilty in May to healthcare fraud and illegal kickbacks; and
Jason S. Min, 35, of Irvine, David Min’s son, who was the other owner/operator of Glory Rehab, pleaded guilty last month to Obstruction of Justice.
Tags: aggravated identity theft, fraud, healthcare fraud, identity theft, illegal kickbacks, kickbacks
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Donald Trump's TikTok deal reeks of a grimy political shakedown
Xi Jinping would be perfectly justified in scuttling the messy arrangement
James Crabtree
September 30, 2020 05:01 JST | China
What Oracle's role as trusted tech partner means in practice is murky. © AP
James Crabtree is an associate professor in practice at the Lee Kuan Yew School of Public Policy at the National University of Singapore. He is author of "The Billionaire Raj."
President Xi Jinping has so far not said how he will respond to Donald Trump's TikTok deal.
But China's press gives a fair sense of where things are heading. "Say 'No!' to U.S. robbery of TikTok," read one headline in the nationalist Global Times. China Daily, generally more sober in tone, described the U.S. president's plan as "a dirty and underhanded trick."
For once China's media has a point. Trump's deal is a compromise only in the sense that it ought to satisfy no one. There are few reasons Xi should let it go ahead, and many more why Americans should not support it either.
Rather than forcing a sale, the plan sets up a new U.S.-based company, TikTok Global. This will run TikTok's operations while being ring-fenced from ByteDance, the app's Chinese parent. American software group Oracle, a minority investor in the new company, acts as "trusted tech partner." TikTok denies it sends data on users back to China. But Oracle founder Larry Ellison's role is to assuage the concerns of those in the U.S. who worry that TikTok would have little choice but to do so, were Chinese authorities to demand data access anyway.
The problems begin with confusion over control. At first ByteDance said that it would own 80% of the new entity. Oracle disagrees, saying it and a clutch of U.S. investors have a combined majority stake. Under the terms of an executive order issued by Trump in August, the various parties have until early November to resolve this, after which time the app will be banned. Meantime, on Sunday a U.S. federal judge handed TikTok a last-minute reprieve by blocking moves to ban downloads of the app, just hours before an order had been due to take effect.
All this confusion explains Beijing's shifting reaction. China's media were supportive at first, when it looked as if Trump had given up on a forced sale and allowed ByteDance to keep control. Now that the Chinese group may be forced to hand over TikTok, their line has reversed.
Any rejection by Beijing would come with consequences. TikTok could simply be banned in the U.S., dealing a blow to ByteDance and its international ambitions. China's moral case would of course be far stronger if its own regulators did not also ban and bully international players trying to operate in its own market. Even so, China would be perfectly justified in blocking what amounts to the shambolic, forced-nationalisation of one of its leading companies.
Whatever Beijing decides, there are plenty of reasons the deal is not in America's interests either. For starters it is far from clear it solves the theoretical worries about data security that vex China's critics on Capitol Hill, alongside some national security experts. What Oracle's role as trusted tech partner means in practice is murky. This is especially so if ByteDance refuses to hand over the source code to its all-important algorithm, as seems likely.
The new arrangement also reeks of favoritism, given Oracle's Ellison is a prominent Trump political donor. Worse, it involves seemingly random payoffs. "They are going to pay $5 billion into a fund for education so we can educate people as to the real history of our country," Trump said of the deal's signatories. ByteDance appeared nonplused, saying it knew nothing of the arrangement. The whole thing left the impression of a grimy political shakedown, with random sweeteners thrown in at the last minute to buy Trump's approval.
Beyond this it is hard to see what Trump gains. Election year considerations could be at play, in that the U.S. president did not want to ban the app and risk a backlash. In trying to broker a deal, Treasury Secretary Steven Mnuchin at least was trying to protect U.S. investors in ByteDance from the threat of closure. But at a minimum it seems Trump's team were not serious about national security threats in the first place, given their deal manages to address them at best only in part.
Whatever Trump's reasoning, his arrangement creates a worrying global precedent. More than anything, the process under which it was reached resembles the kind of arbitrary, cyber-nationalist rule-making that the U.S. has long accused China of practicing. If the U.S. now plans to behave in this way, it sets a new norm other states will follow. The losers will be U.S. companies like Facebook and Google, who will face a likely upsurge in techno-nationalist rule-making, especially in Asia. Indeed this has already begun to happen, with respected technology figures like Vivek Wadhwa calling for Facebook's Indian operations to be nationalized and handed over to an Indian company.
Vivek Wadhwa is calling for Facebook's Indian operations to be nationalized and handed over to an Indian company. © Reuters
It may be that over the coming weeks, ByteDance, Oracle and the U.S. administration can find further compromises to make their deal work. Whatever happens to it, the baffling thing is that Trump had a far better option on the table, namely to let the formal investigation into TikTok run its course via the Committee on Foreign Investment in the United States, or CFIUS, a government body that investigates the national security implications of major commercial transactions.
This may well have resulted in the forced sale of TikTok's U.S. operations, but at least one that was properly justified, and where ByteDance could have received proper compensation for its asset. Instead the administration has created a highly-politicized dog's breakfast of an arrangement that will only damage America's reputation as a global leader in technology regulation. Much like the videos TikTok produces, it must be hoped Trump's deal is short-lived.
Trump's TikTok ban likely oversteps legal bounds, judge rules
Your Week in Asia
Jack Ma leaves Alibaba, TikTok ban, Honda's new 'workstyle'
US government denies request to delay TikTok download ban
TikTok proposes social media coalition to curb harmful content
Trump and China spar over 'total control' of TikTok
Trump allows Oracle and Walmart deal with TikTok
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Meet Ronit Pinto, the woman behind the media powerhouse Honeysuckle
The founder and publisher of Honeysuckle, a well-renowned print and digital arts, culture, and lifestyle publication based in New York City, Ronit Pinto has definitely earned herself a title among the Aspioneer’s top women trailblazers, and here’s how.
Ronit developed an interest in print media, styling and publishing while she was working freelance for a fashion design publication in Detroit and witnessed the potential of visual impact firsthand at various photoshoots for magazines known by their style toggeries. She gained journalism experience, as an intern and later journalist at The Jerusalem Post in Tel Aviv, Israel and many other outlets subsequently. Owing to her growing enthusiasm, a few years later, she started working in motion pictures simultaneously. Ultimately, juggling different genres of mass media concurrently, given her talent and skill deposits took a shape of true metamorphic bedrock that cropped out as Honeysuckle. “I began Honeysuckle as an answer to our dark urges to explore the connection between beauty and darkness and discover the nuances of life,” says Ronit. “I think our lives are full of paradoxes and complexities and I’m eager and excited to explore them.”
“Honeysuckle’s content reflects who we are: as educated, cosmopolitan women, we curate a publication that analyzes society, all the while providing a platform for real people to learn something new and to make sense of their place in our constantly evolving world.”
Founded in 2013 the award-winning, women-owned, internationally distributed media house Honeysuckle Media; is an umbrella company for Honeysuckle Magazine, Honey Pot Magazine, and Honeysuckle Girl. Ronit shares, “Comprised of our flagship digital and print publication, Honeysuckle Magazine, and our cannabis-exclusive print and digital publication Honey Pot Magazine, our media house provide an outlet that emphasizes diverse perspectives and creative expression. Our flagship brand explores gender and sexuality, racial politics, sustainability, and pop culture. Honey Pot Magazine, our cannabis-exclusive print and digital publication, is a first-of-its-kind culture and business guide exploring the dynamic cannabis industry with a feminine edge.” The content is wise yet provocative and aims at normalizing the discussions of taboo topics. “Honeysuckle’s content reflects who we are: as educated, cosmopolitan women, we curate a publication that analyzes society, all the while providing a platform for real people to learn something new and to make sense of their place in our constantly evolving world,” exclaims Ronit. “Our reporting is authentic and unique. And our writers tend to ‘live what they write’ rather than just reporting on a topic.” Precisely, Honeysuckle can be best described as a digital and print media house for diverse voices and a strong visual impact. In addition, they offer various advantages to their clients and partners on multiple platforms such as print media, digital space, videos, and billboards.
For Ronit, business is not only about the mission and profit, but also the kind of impact it has on people and the planet. She asserts, “Honeysuckle is a company that looks to better our world. To create more beauty, more freedom and to provide opportunities and jobs for people who want to do that as well – while learning to sustain itself and contributing to the overall good of the planet. It’s harder than it sounds! ”
Like any aspiring leader, Ronit also came across some nay-sayers who didn’t share her vision. But she simply decided to ignore them. Rather she keeps her eyes and ears open for people who are visionaries, innovators and free thinkers. Besides being fascinated by media moguls, who are mostly male, her list of inspiring and iconic individuals consists of everyone from Nikola Tesla to Gaspar Noe to Kate Moss. When asked with whom she would like to dine if given the opportunity, she immediately responded, “Old friends from Detroit. Eccentric fashion and art icons, Frances Bacon, Kate Moss.” As a first-time entrepreneur, Ronit never hesitates to seek help and openly accepts her shortcomings to improve in every sense. She says, “I don’t know particularly what mistakes I’ve made, only that we all make mistakes and so the best thing you can do is to ‘fall forward.’ Our society is absolutely obsessed with being perfect,’ and so I just try and do my best. I am not perfect. No one is. If I feel weak in an area I try and seek guidance there. I suppose I am impulsive at times, empathic and excitable so sometimes I act too quickly.”
Ronit Pinto, Founder, Honeysuckle
Ronit’s love for art and beauty is more than evident in her choice of business. That being said, it also underlines her as a keen reader. Speaking of her favorite books, she mentions, “Manchild in the Promised Land by Claude Brown. It portrayed a life I didn’t know and made the reader understand what that life was like. It was very influential for me. That, and Go Ask Alice.”
A victor’s trail
Ronit is someone who measures her success in terms of the freedom she has to execute her creative and intellectual freedoms while learning to be financially stable. Hence, she describes her personal mantra in life as, “Create beauty. Create freedom. And create more of it.” As a female leader, she doesn’t normally feel intimidated or impeded; instead, she always thought she had an advantage. She exclaims, “Many of our best writers and editors are females.” She has always relied on her strengths to chase her aspirations, she says, “You always have to credit the key people you have worked with. Sam, Royal, Naomi, Jaime, and Keyanah are some solid footholds who have helped keep Honeysuckle together at different points. With the right team, we execute a positive, collective, and prismatic vision.” All the ups and downs in her journey have helped Ronit to develop a unique and winning mindset. She emphasizes, “Challenges are not always met by a positive outlook. Sometimes you have to take a hard look at the truth. Sometimes things are light and fairy and other times they are not. I think being able to look at opposing elements with an open mind is an element in becoming a successful leader.”
Ronit’s self-confidence, self-awareness, and her drive to leave a mark on the world never fail to bring out the best she has got, and she has always got some more. She is proving it’s possible to marry purpose and profits while making a difference.
Never let anything stop you
As for all career-minded women, Ronit appeals to them to be innovative, confident, and bold. “However, I am keenly aware that not all women – nor people for that matter – have the same advantages and access to resources, which is due to socio-economic factors and race. Honeysuckle is striving to illuminate those sensitivities through personal testimonies, as we all have unique challenges in life. As a dreamer, I recommend to try for your dreams. If something is important to you, go for it. The worst you can do is to fall. And then you can dust yourself off and try again:) Women are often conditioned in ways that are not beneficial to us in doing what we need in life. Be aware of how your conditioning might be holding you back. Femininity is a beautiful thing. People might feel threatened by it. Don’t let it stop you, but you’re better off being aware of it.”
All designs displayed on this page are the intellectual property of © Aspioneer BizByts Marketing Pvt. Ltd.
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AAS Honors Prof. Bloom
The American Astronomical Society's 2009 Newton Lacey Pierce Prize for 2009 has been awarded to Joshua Bloom, an associate professor of astronomy, for his work in exploring and understanding the nature of gamma-ray burst sources. The prize is given to an astronomer under the age of 36 for outstanding achievement in observational astronomical research based on measurements of radiation from an astro-nomical object. Bloom, who earned his doctorate at Caltech in 2002, joined the Berkeley faculty in 2005. Congratulations!
AAS,
Josh Bloom,
Newton Lacey Pierce Prize
AAS Honors Two UCB Astronomy Faculty
The American Astronomical Society has honored two Astronomy Department faculty with awards for 2008. Professor Eliot Quataert was awarded the Society's 2008 Helen B. Warner Prize "for his contributions to plasma astrophysics and accretion processes, the theory of low luminosity galactic nuclei, and an extraordinary range of other topics in theoretical astrophysics." Professor Imke de Pater shares the 2008 Chambliss Writing Award with Jack Lissauer of NASA/Ames for their book entitled Planetary Astrophysics. The book surveys the entire field of planetary astronomy and "has rapidly become the standard text for teachers of planetary sciences." Congratulations!
Eliot Quataert,
Imke de Pater
Prof. Davis is awarded the Heineman Prize for outstanding work in astrophysics
Professor Marc Davis has been awarded the 2006 Dannie Heineman Prize for Astrophysics by the American Astronomical Society (AAS). Davis officially received the award "for his pioneering work on the large-scale structure of the Universe" at the January 2007 AAS meeting in Seattle, where he also gave a talk. Davis was recognized "for his innovative and influential contributions to observations, simulations and instrumentation, and his outstanding mentoring of students, as examples of outstanding work in the field of astrophysics." Congratulations, Marc!
Heineman Prize,
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02.14.20 News
Effort aims to create cadre of physician LGBTQ health specialists
This article originally appeared on ama-assn.org.
What’s the news: The AMA Foundation has recruited a powerhouse philanthropist to lead its efforts to address LGBTQ health disparities through a national fellowship program that will create a cadre of physician specialists targeting the issue.
John D. Evans, a telecommunications pioneer who co-founded the C-SPAN cable channel, will lead the AMA Foundation Fellowship Commission for LGBTQ Health. For more than a decade, Evans served on the board of the International AIDS Vaccine Initiative. He also served on the University of Michigan’s Global Health Initiative Advisory Board and now co-chairs the advisory board for the Institute of Human Virology at the University of Maryland. That institute was co-founded by Robert Gallo, MD, who discovered HIV.
Evans will serve as chair of the AMA Foundation’s commission, which will consist of about another dozen thought leaders, educational specialists, doctors and philanthropists to be appointed by the AMA Foundation’s board of directors. Learn more about the AMA Foundation LGBTQ Fellowship Program.
Why it matters to patients and physicians: Establishing a national network of LGBTQ health specialist physicians who are formally trained to serve sexual and gender minorities will have a dramatic and positive impact on this patient population.
“A key social determinant of health affecting sexual and gender minorities is a shortage of health care providers who are knowledgeable and culturally competent in LGBTQ health,” said Joshua M. Cohen, MD, MPH, former president of the AMA Foundation and founding donor of its LGBTQ endowment fund.
“Policies that permit the denial of services to LGBTQ people are linked to a 46% increase in the proportion of gay, lesbian, and bisexual adults who report mental distress and gay men account for more than two thirds of all people diagnosed with HIV each year in the United States, despite comprising only 2% of the general population.”
Read more from the AMA on how to avoid the insensitive care that LGBTQ patients often fear. What doctors should know to better serve LGBTQ patients
What’s next: The LGBTQ fellowship cohort provides a transformative opportunity to cut LGBTQ health disparities, increase cultural and clinical competence among physicians in LGBTQ health, better identify and address this patient population’s unique health needs and improve the quality of life, health and well-being of LGBTQ communities.
The AMA Foundation LGBTQ fellows also will improve understanding of, and action on, social determinants of health faced by members of this community by promoting and disseminating medical research.
“It is critical we eliminate health care disparities facing the LGBTQ community,” Evans said. “Intersectional issues of discrimination, stigma, access to and quality of care are experienced at a higher rate by lesbian, gay, bisexual, and transgender individuals, and we believe this new initiative will improve the health of LGBTQ people across the country.
“We will create a pipeline of LGBTQ health specialists who are able to serve the health care needs of the LGBTQ community while growing the pool of competent instructors able to pay it forward by passing on their knowledge to the next generation of LGBTQ providers,” he added.
Foundation Board Members featured in the news
AMA Foundation Funds Pilot Fellowship Program with Icahn School of Medicine at Mount Sinai to Address Disparities in LGBTQ Health Care
AMAF honors Omaha physician with Health Education Award
AMAF Executive Director Honored in Crain’s ‘Notable List of LGBTQ Executives’
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FIGHT CORRUPTION WITHIN THE AMBIT OF THE LAW. GOVERNOR WIKE TELLS FG
Rivers State Governor, Nyesom Wike has urged the Federal Government to fight corruption within the ambit of the law. Speaking during a courtesy visit by the Primate of All Nigeria Anglican Communion, the Most Reverend Nicholas Okoh accompanied by Archbishops and Bishops of the Church at the Government House Port Harcourt on Tuesday, Governor Wike said that the fight against corruption must not be vindictive in nature.
The governor added: “Those of us who are privileged to serve should know that it is by the Grace of God that we serve. Therefore, we must serve to the Glory of God “.
He said that the Church has been the pillar of his administration, hence he is not afraid to associate with the Church at all times. He thanked the Anglican Church for scheduling the General Synod in Rivers State as the Archbishops and Bishops will see the works of the administration. Earlier, the Primate of All Nigeria Anglican Communion, the Most Reverend Nicholas Okoh encouraged Governor Wike to maintain the tempo of his development strides in the state.
He informed that the Church has always been in the forefront in the fight against corruption.
Primate Okoh said the theme of the General Synod in Port Harcourt is: “Thou shalt not steal.” He noted that the emphasis of the Anglican Church is to encourage sacrificial living, righteousness and the good of the society. On the unity of the country, he said: “The Church believes in one Nigeria. We advocate that everything should be done to ensure there is peace.”
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← American Vitality Depends on Whether You Believe Harvard or Yale
Korea Craft Beers Get Boost in Challenge to $1.3 Billion Duopoly →
Hard-to-Sell Junk Debt Lures Oaktree to JPMorgan: Credit Markets
Bond investors are losing their aversion to difficult-to-trade corporate debt that handed them some of the biggest losses in the credit crisis.
The extra yield note buyers demand to own older, smaller junk bonds that trade infrequently has shrunk to an average 0.25 percentage point this month from more than 1 percentage point a year ago, according to Barclays Plc data. JPMorgan Chase & Co. money manager Jim Shanahan said he’s preferring “good credit quality and less liquidity” when picking bonds, while Howard Marks, the head of distressed debt investor Oaktree Capital Group LLC (OAK), said he’s finding bigger potential gains in private, less-traded debt.
The evaporating premium for illiquid assets is showing the depths to which money managers are reaching to boost returns after a five-year rally that pushed relative yields on junk bonds to the least since August 2007. With Federal Reserve monetary policies suppressing interest-rate benchmarks for a sixth year, credit buyers are showing more concern that they’ll miss out on a continued rally than get stuck with debt that lost 26 percent during the market seizure in 2008.
“For the past several years, people have been concerned about liquidity,” said Eric Gross, a credit strategist at Barclays in New York. “Now we’re hearing more about people seeking out illiquid bonds.”
Fragile Market
Such debt tends to be more vulnerable to price swings when market sentiment deteriorates, because there are fewer buyers to bid on it when investor withdrawals force money managers to sell. Those risks intensified after stricter banking rules accelerated a pullback by Wall Street dealers that used their own money to facilitate trading.
Primary dealers that trade directly with the Fed cut their holdings of corporate bonds by 76 percent to $56 billion after peaking at $235 billion in 2007, Fed data through March show. After the central bank changed the way it reported the holdings in April, net speculative-grade bond holdings fell as much as 24 percent to a low of $5.63 billion in May before rising to $7.7 billion on Jan. 8.
Investors are demanding an average yield of 5.94 percent to own bonds sold at least 18 months ago in batches of less than $250 million, Barclays data show. That compares with an average 5.7 percent for newer debt offerings of at least $500 million. The gap, which averaged 0.5 percentage point last year and 0.92 percentage point in 2012, reached as much as 1.95 percentage points at the peak of the financial crisis in March 2009.
‘Classic’ Cycle
The yield on MGM Resort International’s $238 million of 6.875 percent notes, which were issued in 2006 and mature in April 2016, has dropped 2.4 percentage points during the past year to 1.85 percent, according to Trace, the bond-price reporting system of the Financial Industry Regulatory Authority. That compares with a decline of 0.5 percentage point to 5.4 percent on the casino owner’s $1.25 billion offering of nine-year, 6.625 percent securities in December 2012.
“As people continue to look for yield and performance, they’re willing to move into less-liquid areas of the market,” said Shanahan, who manages high-yield credit investments for JPMorgan’s $1.5 trillion asset management unit. “You’re seeing a classic market cycle of people looking for pockets of value.”
‘Intoxicating Brew’
With corporate borrowers selling record volumes of debt to lock in all-time low yields amid global central bank stimulus, “there is a tremendous and potentially unsustainable amount of paper in investors’ hands, and this harsh reality is causing much angst,” according to a McKinsey & Co. and Greenwich Associates report in August.
Federal Reserve Bank of Dallas President Richard Fisher, a former managing partner of a fund that bought distressed debt, said in a speech last week that he’d “have to hire Sherlock Holmes to find a single distressed company priced attractively enough to buy.”
Five years after the Fed started holding benchmark rates at about zero and pumping more than $3 trillion into the financial system to ignite growth, Fisher warned in the Jan. 14 remarks to the National Association of Corporate Directors that signs are emerging that Fed stimulus has made for “an intoxicating brew.”
Economic Boost
Even as the central bank starts slowing monthly bond purchases to $75 billion from $85 billion, yields on dollar-denominated speculative-grade bonds have fallen to 6.21 percent, 0.22 percentage point from the record low in May 2013, according to Bank of America Merrill Lynch index data.
The securities, which provide bigger cushions of extra yield over benchmark rates than higher-rated debt, are governed by idiosyncratic deal documents and aren’t as frequently traded. While trading in speculative-grade bonds has risen, volumes have failed to keep pace with a market that’s expanded 71 percent since 2008 as Wall Street’s biggest banks reduce their holdings of riskier assets in the face of new regulations.
Speculative-grade, or junk, bonds are rated below Baa3 by Moody’s Investors Service and lower than BBB- at Standard & Poor’s.
Investors are emboldened by a U.S. economy that will probably expand by 2.8 percent this year and 3 percent in 2015 from 1.9 percent in last year, according to a Bloomberg survey of 83 economists. High-yield bond funds have received $3.85 billion of deposits since the end of September, according to data compiled by Royal Bank of Scotland Group Plc, as investors gained conviction that the U.S. economic recovery was strengthening. The unemployment rate dropped to 6.7 percent by Dec. 31 from 10 percent in October 2009.
“Money has found it very easy to flow into public, mainstream things,” said Marks, Oaktree’s chairman, in a Dec. 10 presentation for investors. “The best credit opportunities are in niche markets.”
He said the firm is earning about 11.5 percent to extend loans to smaller companies, about twice as much as the yield on a junk bond of comparable quality.
These deals are small and “entirely illiquid,” he said. “It requires a lot of due diligence.”
Publicly traded business-development corporations, which lend to the smallest and riskiest companies, attracted $4.1 billion last year, the most since 2007, as the firms known as BDCs gained an average 16.4 percent. The firms are juicing returns by borrowing about 50 cents for every dollar raised from equity investors, up from 36 cents in 2011, according to data compiled by Keefe, Bruyette & Woods analysts.
Filling Gap
BDCs and other alternative asset managers that lend to small and mid-sized companies are filling a role traditionally dominated by banks, J.P. Morgan Asset Management’s Shanahan said in a telephone interview. Holding smaller, less-traded securities can boost investor returns while maintaining a higher level of credit quality, he said.
“Credit is good and likely to be good over the horizon,” he said. “People become less concerned about liquidity as you’re less likely to need it in the near term.”
Elsewhere in credit markets, the cost to protect against losses on U.S. and European corporate bonds jumped to the highest in five weeks. La Banque Postale SA is turning to the covered bond market to fund its mortgage business that has grown by about 50 percent over the past four years and can no longer be financed solely by customer deposits.
Credit Benchmarks
The Markit CDX North American Investment Grade Index, a credit-default swaps benchmark used to hedge against losses or to speculate on creditworthiness, rose 1.5 basis points to 67 basis points as of 9:52 a.m. in New York, according to prices compiled by Bloomberg. In London, the Markit iTraxx Europe Index of 125 companies with investment-grade ratings increased 2.6 to 75.2.
Both gauges, which typically rise as investor confidence deteriorates and fall as it improves, are trading at the highest intraday levels since Dec. 19. Credit swaps pay the buyer face value if a borrower fails to meet its obligations, less the value of the defaulted debt. A basis point equals $1,000 annually on a contract protecting $10 million of debt.
The banking unit of France’s postal service, which has a home loan portfolio of 50 billion euros ($67.8 billion), will now fund 20 percent of that business with covered securities, according to Stephane Magnan, head of asset and liability management at the bank in Paris.
The lender is now the sixth-biggest mortgage lender in France, having taken market share from Credit Agricole SA (ACA) and BNP Paribas SA, according to S&P. The bank’s business expanded even as France’s economy struggles to grow after exiting recession last year and unemployment touches a 16-year high.
To contact the reporter on this story: Lisa Abramowicz in New York at labramowicz@bloomberg.net
Filed under Macro Trends
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Our History Lumbering Fishing Tourism
Brownstone Quarrying
Quarrying native sandstone around the Bayfield area had a relatively short life. Early efforts began on Basswood Island, one of the Apostle Islands in 1868. The use of brownstone reached its peak during the 1880-1890s when six quarries in the area were supplying eastern markets with the stone. Regional quarries had a much easier time transporting their product with the arrival of the railroad in Bayfield. One of the quarries was located about four miles south of Bayfield, owned by R.D. Pike. The popularity of brownstone peaked in the 1890s and by 1900 changes in architectural styles and building materials spelled the demise of the industry. The quarries had little long-term impact on Bayfield’s economy but the native stone left a lasting heritage to its architecture.
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CALLbp.com
Florida Condo & HOA Law Blog
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Amanda L. Wood
Senior Government Relations Consultant
AWOOD@beckerlawyers.com
Government Law & Lobbying
Federal Lobbying
Georgetown University, B.S., Foreign Service
Becker Federal Lobbying Team Welcomes Newest Client, Hennepin County, Minnesota
Becker’s Washington Weekly: Week of November 30, 2020
Becker Spotlight: November 17, 2020
Post-2020 Election: Biden Transition and First Term
Washington, D.C. Update: Appropriations / Stimulus Outlook
Amanda Wood’s primary focus is assisting clients with federal funding needs. Her experience as senior legislative staff on Capitol Hill provides the skills to represent clients on matters ranging from post-hurricane FEMA policy changes to Everglades preservation. She represents municipal, corporate and nonprofit clients on matters related to transportation, economic development, natural resources, law enforcement, and social services. She previously served as Legislative Director to Senator Bob Graham (D-FL), where she was responsible for developing and implementing the Senator’s legislative agenda and strategy. Amanda currently represents the Brady Center to Prevent Gun Violence, ShotSpotter, MorphoTrak, Hitachi Vantara, LRAD Corporation, the Florida counties of Sarasota and Collier, the City of Cape Coral, FL, and the Town of Davie, FL.
While serving as the Senator’s chief advisor on federal appropriations, Ms. Wood worked closely with representatives from Florida cities, counties, educational institutions, nonprofit organizations, and state agencies to advocate for projects ranging from infrastructure improvements to research and cultural projects.
In addition, for private sector clients, Amanda trains their sales teams to communicate effectively with their local government clients and helps them identify and pursue funds for local government acquisition needs. She provides strategic advice to sales teams and guides clients and prospects through the funding process, including review of grant applications. She achieves success through direct communication with sales targets and research regarding community-specific federal funding opportunities.
Secured $2,400,000 under the DHS SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie for new self-contained Breathing Apparatus’ (SCBA) and an air compressor cascade system for frontline fire engines and rescue units.
Assist dozens of cities throughout the US in accessing over $15 million in federal funding to implement gunshot location and alert systems in their communities
Secured $332,500 in federal transportation funding to support additional design, right of way and construction for a roadway to provide to allow for additional capacity for evacuation purposes and regional economic development. This represented the first federal investment in this project and has since resulted in a re-prioritization of this project by Florida DOT and an expedited construction timetable.
Worked on behalf of Florida Counties to support legislation to compensate impacted counties and restore habitat. By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act will provide significant financial resources to both Counties. Over a period of three fiscal years, Amanda Wood assisted Collier County in securing $2.1 million in federal funding for transportation infrastructure to support improvements to two key interchanges on I-75 at Everglades Boulevard and Collier Boulevard/SR 84. These improvements were critically needed to provide access to a route for safe evacuations from storms and fires as significant growth continues in Collier County.
PROFESSIONAL / COMMUNITY ACTIVITIES
Ms. Wood is a graduate of Georgetown University, where she received a B.S., Foreign Service.
She is a longtime board member and former President of the Florida State Society, an organization that brings together Floridians who live and work in Washington, D.C., and served as Co-chair of the 2013 Florida Inaugural Ball Committee.
She also serves on the Board of the Latin American Youth Center in Washington, DC., on the Board of the Springfield Civic Association, is the 2018 Commodore of the Severn River Yacht Club, and as a member of the Georgetown University Alumni Admissions Program.
Get in touch with Amanda L. Wood
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Home / Local History / The Horsieman
The Horsieman
Memories of a Traveller 1928-58
by Duncan Williamson
JANUARY 2021 SALE 1 - 50 20 %
The Horsieman quantity
SKU: 9781912476404 Categories: Folktales & Traditions, Local History
Publisher: Birlinn Ltd
Imprint: Origin
Local history / Folktales & traditions
Duncan is a first-class storyteller'
Northern Times
Duncan Williamson was the son, grandson and great grandson of nomadic tinsmiths, basket makers, pipers and storytellers. In this book, he describes his life as a traveller with verve, candour and intimacy, recounting a childhood spent on the shores of Loch Fyne, work on the small hill farms in the summer, walking with barrows and prams and later with horse and cart, the length and breadth of Scotland. He recalls camping with hundreds of traveller families from the 1940s to the 1960s, his marriage to his cousin, Jeanie Townsley, and all the various traditional skills and arts which must be perfected for a man to maintain his family adequately.
The Horsieman is the story of traditions long vanished - of traveller trades, of building tents, of routes travelled and traditional camping sites, of stories, songs, music and cures which have been the heritage and tradition of travelling people in Scotland through the ages. Set mainly in Argyll, Tayside and all stations in between, Duncan Williamson's story is told with great warmth and humour and in the inimitable style of one Scotland's master storytellers.
Duncan Williamson
With over ten books to his name, Duncan Williamson is one of the last, best-known of Scotland's traveler storytellers. His autobiography tells for the first time his own story of his life as a traveler, hawking his wares, collecting stories, and traveling through Scotland. He now lives in Fife.
Paperback | Pub: 10 Jun 2015
This island of Lismore boasts a remarkably rich heritage, both in terms of historic monuments and of an unbroken tradition of Gaelic culture. From their first sight of Tirefour Broch, dominating approaches from the mainland, visitors to the Isle of...
Paperback | Pub: 05 Apr 2018
Black Friday is the astonishing true story of a coastal community that lost 189 men in a single afternoon. Britain’s worst fishing disaster decimated the coastal community of Eyemouth, yet is an almost forgotten part of the past. One hundred...
Hardback | Pub: 04 Oct 2010
The Hebrides of Scotland – around 500 diverse islands – form the north-western Atlantic fringe of Europe. This book surveys the cultural landscape of this dramatically beautiful, complex and conflicted area, with emphasis on what may be...
Tales and Travels of a School Inspector
John Wilson was an Inspector of Schools during the latter half of the nineteenth century and the beginning of the twentieth. His career in education spanned 50 years, during which time he inspected many schools in the Highlands and Islands,...
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Why the Speaker of the House is a No-Win Situation for Republicans
This past week has seen quite a bit of drama surrounding the planned retirement of current Speaker of the House, John Boehner. Boehner wants to quit, but his republican colleagues cannot seem to find an agreeable replacement for him. The first consensus choice, Kevin McCarthy, has pulled himself out of the race. Some have alleged it’s due to an affair, but it’s also quite possible that McCarthy could not get the support of the “Freedom Caucus“, a group of 42 hardline republicans who together have enough seats to prevent mainline republicans from passing anything without the support of democrats. Now many republicans are calling on former Vice Presidential candidate Paul Ryan to put himself up for the job, but to this point he has refused to do so. What’s the deal?
To start, a few words about what the Speaker does and why it matters. The Speaker’s key power is the ability to determine which bills the house will vote on and when those votes will take place. The Speaker gets to decide who gets to speak and when in the chamber. The Speaker also gets to appoint 9 of the 13 members of the house rules committee. This committee determines how bills will be debated in the house and what may be done to them (e.g. it can allow or disallow amendments on various parts of the bill, it can regulate how much speaking time there will be, and so on). The Speaker also gets to decide which committees will consider which bills, and he gets to appoint the members of select and conference committees. Altogether, it is potentially a powerful role–if the Speaker doesn’t like your bill, it cannot get anywhere in the house. Speakers are chosen by congress. Consequently, the Speaker has traditionally been one of the majority party’s representatives in the house (although there is no rule stipulating this–indeed, the Speaker does not even have to be a member of congress).
Ever since the republicans took the house from the democrats in 2010, they have been torn between two competing strategies:
The Boehner Strategy–Boehner believed that if republicans pulled out all the stops and did whatever they could to obstruct President Obama, this would play poorly with voters. So while Boehner was willing to make many meaningless gestures against Obama (e.g. having the house vote to repeal or defund Obamacare 50 times), he was also willing to negotiate with Obama to pass spending packages and avoid shutdowns. To get Obama’s agreement, these spending packages have had to keep his core policies off the chopping block, producing ugly compromises that both sides have found distasteful.
The Cruz Strategy–Ted Cruz (R-TX) is a senator and presidential candidate, but his ideas about how house republicans ought to oppose Obama have significant support within the party. Cruz believes that the republicans will get more support from the public if they take a harder line and stand up for conservative principles. Consequently, Cruz thinks the house should pull out all the stops, passing legislation that Obama will not sign and refusing to fund the government until Obama acquiesces.
This mirrors the internal debate the republicans had after the 2012 election. Did Mitt Romney lose because people believed he was too right wing, or not right wing enough? Some argued that Romney’s conservative stances on immigration, social issues, and his comments about “the 47%” alienated Hispanics, young people, and working class voters. Cruz never agreed with that line of reasoning–he believes Romney lost because he failed to galvanize the base. Or, as Cruz puts it:
Today roughly half of born-again Christians aren’t voting. They’re staying home. Imagine instead millions of people of faith all across America coming out to the polls and voting our values.
This is misleading on a couple of counts. First, it’s not strictly true–the data suggests that 58% to 63% of evangelicals voted in 2012, which is significantly more than half. But more importantly, turnout among evangelicals was not substantively lower than it was for other groups in 2012. Whites as a whole turned out at about 64%, which is pretty similar. The groups that had significantly below average turnout were Hispanics, Asians, poor people, and young people:
On average, non-voters skew left wing, not right wing:
This means that if both the left and the right play to the base, the left has far more potentially to gain from this strategy. Bernie Sanders probably knows this, and there’s a good chance it’s one of the core reasons he believes he can win. At one point in time, the republicans knew it too–in their post-mortem of the 2012 election, the RNC broadly came to the conclusion that the party needed to move toward the center to win. It said:
The perception, revealed in polling, that the GOP does not care about people is doing great harm to the Party and its candidates on the federal level, especially in presidential years. It is a major deficiency that must be addressed.
Cruz and the Freedom Caucus are wrong. When the government shuts down, the republicans look too extreme and they are blamed. But the interesting thing is that republicans themselves don’t recognize this–while the public as a whole shows the republicans taking the blame by an 8 point spread (5 points among independents, 71 points among democrats), the republicans continue to blame Obama by a 56 point margin:
People tend to believe that other people are more like them than they really are. Ted Cruz and the Freedom Caucus are well-accustomed to denying research and crafting ideological bubbles around themselves. As a result, they won’t listen to anybody. Prior to Boehner’s resignation, they were plotting to vote him out in favor of someone more hardline. They continuously threaten to block the agenda of Speakers who will not do what they want, and they are a constant threat to defy the Speaker in attempts to force shutdowns. The Freedom Caucus has enough members to prevent the republicans from passing anything without either their support, or the democrats’. Unwilling to ally with people that republican voters see as aligned with evil, establishment republicans continuously find themselves forced into taking nonconstructive action that does not accomplish republican policy objectives and makes it harder for republicans to win elections going forward.
There is no republican who can convince the Freedom Caucus to stand down because republicans have spent years building an echo chamber around themselves. They live in a political fantasyland that, ironically, no longer aligns with the “real America”, a place that is becoming more racially diverse and more socially liberal. For all of these reasons, republicans remain very likely to lose the presidency in 2016, and there is little that any prospective Speaker of the House can do about that. Indeed, the next Speaker will find himself assaulted on both sides–whenever the Speaker plays to the Freedom Caucus to retain its support, the Speaker will make the party look obstructionist and extremist, and cost the party votes from the center. Whenever the Speaker tries to be pragmatic, the Freedom Caucus will call the Speaker a RINO (Republican in Name Only) and refuse to back whatever compromises to which the Speaker has agreed. Whatever the Speaker does, the Speaker’s reputation will be tarnished with important parts of the Republican Party, making it more difficult for the Speaker to potentially run for president in the future. In sum, prospective Speakers stand to damage their own political careers without achieving anything noteworthy. There are only two sorts of people who might actually want this job:
Hardline republicans who want to use the Speaker’s power to shut the government down.
Optimistic fools who overrate their own persuasive power and delusively believe they can get the establishment and the rebels to work together sustainably.
Establishment republicans will never back a hardliner for the job. We’re waiting for an optimistic fool. Who’s it going to be?
Tags: Congress : Conservatism : Democracy : Freedom Caucus : Government : John Boehner : Kevin McCarthy : Paul Ryan : Speaker of the House : Ted Cruz : United States : Voter Turnout : Voting
5 Comments to “Why the Speaker of the House is a No-Win Situation for Republicans”
Dylius says:
What do you think is going to happen to the Republicans in the long term? I’m from the UK, so I’m only somewhat familiar with US politics, but this doesn’t look like a particularly sustainable situation to me. Is it possible the party will eventually split?
I very much doubt the party will split, because in the US third parties have a reputation for being very weak and irrelevant. There have been previous cases in which one of the major parties has been split among two or more competing factions. Generally what happens is that eventually, one of these factions wins out and the losing faction either assimilates or defects to the other party. For instance, in 1912, the republicans split into more progressive and less progressive factions and a three-way race ensued between President Taft (the Republican Party nominee), Theodore Roosevelt (unable to get the republican nomination, he was running for a third term as leader of the rogue progressive “Bull Moose Party”), and Woodrow Wilson (the democrat). Wilson won by taking advantage of the republican split, and from that point on the progressives began to integrate themselves into the Democratic Party. By the time Franklin Roosevelt (Theodore’s cousin) ran for vice president in 1920, it was clear that the democrats were the better home for progressives, and rather than contest the republican nomination, FDR contested as a democrat. (He didn’t win in 1920, but would go on to be elected president in 1932, 36, 40, and 44.) Since 1912, the parties have never split. Instead dissatisfied groups occasionally defect (e.g. the southern whites gradually switched to the Republican Party after democrat Lyndon Johnson supported black civil rights in the 1960’s).
Thanks for the detailed response.
5i5i says:
4 Years of Blogging | Benjamin Studebaker says:
[…] Why the Speaker of the House is a No-Win Situation for Republicans (October 11, 2015, 203 hits) […]
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Europe’s elite: The cost of Ajax’s squad compared to Madrid, Juventus, PSG
The Dutch side eliminated two continental giants en route to the Champions League semis, but how does their squad value compare to Europe's big guns? Ajax this week will take on Tottenham Hotspur in their first Champions League semi-final for 22 years, with a place in their first final since 1996 a real possibility.
There are endless stats that emphasise how great an achievement it is for the Dutch side, who haven't reached the knockout rounds of the competition since 2005-06, but few stress the point stronger than the cost of Erik ten Hag's squad.
Using initial transfer fees only, Goal have calculated the total cost of Ajax’s 25-man Champions League squad before doing the same for the other biggest sides in this season’s competition, including the likes of Real Madrid, Juventus and Manchester United.
PSG | €718m
With PSG possessing the two most expensive footballers of all time, it's no shock to see them at the top of this list.
Below Neymar (€222 million) and Kylian Mbappe (€145m), the likes of Edinson Cavani (€64m), Thiago Silva (€42m) and Leandro Paredes (€40m) help this 25-man squad rack up an incredible initial cost of €718m (£621m/$805m).
Manchester City | €682m
Manchester City's consistency in spending sees them come second in this list, with 12 of their 25-man squad commanding fees of €35 million or more.
Manchester United | €661m
Manchester United's comeback against PSG sparked the potential of a story for the football romantics
Liverpool | €594m
After Loris Karius' error-plagued performance in last season's Champions League final, it was no surprise that Liverpool splashed out €75 million on goalkeeper Alisson in the summer.
Barcelona | €573m
Despite rivals Real Madrid having a bigger reputation for spending, Barcelonabeat them on this list with their squad value of €573 million (£497m/$645m).
Real Madrid | €475m
Real Madrid's incredible spending under Florentino Perez has not only earned them five Champions League titles during his time as president
Juventus | €424m
Despite the €100 million addition of Cristiano Ronaldo in the summer, Juventus rank well below most of Europe's elite for spending, with their current squad amassing a total of just €424m (£367m/$476m).
Bayern Munich | €354m
Bayern Munich's ability to do shrewd business sees them sit very low down this list, with a total squad cost of just €354 million (£306m/$397m). Star man Robert Lewandowski arrived at the club for free
Tottenham Hotspur | €313m
After Tottenham made history by becoming the first Premier League club not to make a single signing in back-to-back transfer windows, their lowly place on this list, and the difference in their spending compared to Ajax, is no shock.
Ajax | €95m
It's absolutely no surprise to see Ajax at the very bottom of this list - but the margin by which they are may come as a shock.
The Dutch side's Champions League squad cost them just €95 million (£82m/$107m), with many of their key players costing little to nothing - or, in many cases, nothing at all.
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1 2019-03-12T23:56:47+00:00 Stanford University Press af84c3e11fe030c51c61bbd190fa82a3a1a12824 1 10 plain published 2019-10-14T01:42:22+00:00 Production Editor 7a3dce28be212b1ba5b4a7a50f3d6a8d76b58c74
On March 26, 1955, the Chicago Defender carried a story from Montgomery, Alabama, regarding the arrest of a teenage girl. “A 15-year-old girl who refused to move to the rear of a city bus was found guilty in Juvenile court here last Friday on charges of assault and battery, disorderly conduct and with violating a city ordinance which makes it ‘unlawful for any passenger to refuse or fail to take those seats assigned to the race which it belongs,’” the paper reported. “The girl, Claudette Colvin, was declared a ward of the state and placed on probation pending good behavior.”
“All I remember is that I was not going to walk off the bus voluntarily,” Colvin told NPR in 2009. The NPR story continues,
It was Negro history month, and at her segregated school they had been studying black leaders like Harriet Tubman, the runaway slave who led more than 70 slaves to freedom through the network of safe houses known as the Underground Railroad. They were also studying about Sojourner Truth, a former slave who became an abolitionist and women’s rights activist.
The class had also been talking about the injustices they were experiencing daily under the Jim Crow segregation laws, like not being able to eat at a lunch counter.
We couldn't try on clothes,” Colvin says. “You had to take a brown paper bag and draw a diagram of your foot ... and take it to the store. Can you imagine all of that in my mind? My head was just too full of black history, you know, the oppression that we went through. It felt like Sojourner Truth was on one side pushing me down, and Harriet Tubman was on the other side of me pushing me down. I couldn't get up.”
When the jail door closed, Colvin recalled, “then I got scared, and panic come over me, and I started crying.Then I started saying the Lord’s Prayer.”
“My mom and dad got me out of jail and my dad said, ‘Claudette, you put us in a lot of danger,’” Colvin recalled in a 2015 interview. “He was worried about repercussions from the KKK. So that night, he didn't sleep. He [sat] in the corner, with his shotgun fully loaded, all night.”
When she returned to school, she said, “Everything changed. I lost most of my friends.Their parents had told them to stay away from me, because they said I was crazy, I was an extremist.”
Colvin’s lawyer Fred Gray filed a lawsuit, Browder v. Gayle, on behalf of Colvin and three other women (Aurelia S. Browder, Susie McDonald, Mary Louise Smith) who had been mistreated on Montgomery city buses. The case reached the U.S. Supreme Court and on November 13, 1956, and the Supreme Court affirmed the District Court’s ruling that Alabama’s segregated buses were unconstitutional.
Colvin refused to give up her seat nine months before Rosa Parks, but she did not become a symbolic figure of the civil rights movement for several reasons: Colvin was a teenager without civil rights training, whereas Parks was a NAACP officer and dedicated activist; Colvin was darker skinned than Parks; and Colvin got pregnant and was unmarried when she had the baby as a sixteen-year-old.
After decades of being a footnote in civil rights history, today Colvin is well known for being not well known. This article, which ran on the front page of the Defender, is a reminder that her courageous stand was always newsworthy.
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And whereas the Senate of the United States have approved of the said arrangement and recommended that it should be carried into effect, the same having also received the sanction of His Royal Highness, the Prince Regent, acting in the name and on the...
The Annual Register of World Events: A Review of the Year - Página 127
editado por - 1816
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United States - 1873 - 1167 páginas
...Plenipotentiaries John Quiucy Adams, Henry Clay, and Albert Gallatiu, citizens of the United States ; and His Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, has named for his Plenipotentiaries the Right Honourable Frederick John Robinson, Vice-Président...
The Canadian Journal of Science, Literature and History, Volumen13
...British Empire. York, 2Tth September, 1816." tinder date of Oct. 7th following it is announced that "His Royal Highness, the Prince Regent acting in the name and on the behalf of His Majesty, has been pleased to appoint Thomas Fnser, Esquire, of Prescott, Neil McLean, Esquire,...
Danske tractater efter 1800 ...: samling, 1 bd. Politiske tractater, 1800-1863
Denmark - 1874
...d'Irlande. Fait à Paris le 17 du mois de Septembre, l'an inil-huit-cent-dix-huit. Wallersdorff. (LS) His Royal Highness the Prince Regent acting in the name, and on the behalf of His Majesty the King of the united Kingdom of Great-Britain and Ireland , has authorised the undersigned,...
The Map of Europe by Treaty: Showing the Various Political and ..., Volumen3
Sir Edward Hertslet - 1876
...Hand and Seal, at Paris, this 27th day of April, in the year of Onr Lord, 1814. By command of Ills Royal Highness the Prince Regent, acting in the name and on the behalf of His Majesty. CASTLEREAGH. CONVENTION for a, Suxpension of Hostilities between Great Britain and...
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...British Empire. York, 27th September, 1815." On the 7th of the following month, it is announced that " His Royal Highness, the Prince Regent acting in the name and on the behalf of His Majesty, has been pleased to appoint Thomas Fraser, Esquire, of Prescott, Neil McLean, Esquire,...
American Historical Association - 1896
...recommended that it should l>e carried into effect, the Manic having also received the sanction of His Royal Highness, the Prince Regent, acting in the name and on behalf of His Bmanuic Majesty; Now, therefore, 1, James Monroe, President of the United States, do,...
250 royal speeches: from 1760 to 1882. Speakers: George iii., George iv ...
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Annual Report of the American Historical Association
...recommended that it should lie carried into effect, the same having a.lso received the sanction of His Royal Highness, the Prince Regent, acting in the name and on behalf of His Britannic Majesty; ?Jo\v, therefore, 1. James Monroe, President of the United States,...
Old South Leaflets, Tema 212
...and recommended that it should be carried into effect, the same having also received the sanction of His Royal Highness the Prince Regent, acting in the name and on the behalf of His Britannic Majesty. Now, therefore, I, James Monroe, President of the United States, do, by this...
A Compilation of the Messages and Papers of the Presidents, 1789-1907, Volumen2
United States. President, James Daniel Richardson - 1897
...and recommended that it should be carried into effect, the same having also received the sanction of His Royal Highness the Prince Regent, acting in the name and on the behalf of His Britannic Majesty: Now, therefore, I, James Monroe, President of the United States, do by this...
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of the pen.
of the legislative and administrative systems of the Soudan.
This principle having been once accepted, the ground was cleared for further action. The shadowy claims of Turkish suzerainty were practically, though not nominally, swept away by a stroke
Their disappearance connoted the abrogation of all those privileges which, in other parts of the Ottoman dominions, are vested in European Powers in order to check an abusive exercise of the Sultan's sovereign rights.
rights. All that then remained was to settle the practical points at issue in the manner most convenient and most conducive to the interests of the two sole contracting parties, namely, the British and the Egyptian Governments.
The 22nd parallel of latitude was fixed as the northern frontier of the new state; on the other hand, the southern frontier was left undefined. It was provided that both the British and Egyptian flags should be used throughout the Soudan;' that the supreme military and civil command should be vested in one officer, termed “the GovernorGeneral of the Soudan," who was to be appointed by a Khedivial Decree on the recommendation of the British Government; that Proclamations by the Governor-General should have the force of law; that the jurisdiction of the Mixed Tribunals should not extend or be recognised for any purpose whatsoever, in any part of the Soudan”; and that no foreign Consuls should be allowed to reside in the country without the previous consent of the British Government.
When this Agreement was published, it naturally attracted much attention. Diplomatists, who were
1 In the first instance, the town of Suakin was excepted from this and from some other portions of the Agreement, but this arrangement was found to cause a good deal of practical inconvenience. By a subsequent Agreement, dated July 10, 1899, the status of Suakin was in all respects assimilated to that of the rest of the Soudan.
wedded to conventionalities, were puzzled, and perhaps slightly shocked, at the creation of a political status hitherto unknown to the law of Europe. One of my foreign colleagues pointed out to me that he understood what British territory meant, as also what Ottoman territory meant, but that he could not understand the status of the Soudan, which was neither one nor the other. I replied that the political status of the Soudan was such as was laid down in the Agreement of January 19, 1899, and that I could give no more precise or epigrammatic definition. Again, I was asked what, in the absence of any Consuls, was to happen to Europeans who were married or buried in the Soudan ? I could only reply that any European who considered it essential that his marriage or burial should be attested by a Consular representative of his country, would do well to remain in the territory lying north of the 22nd parallel of latitude,
But the splutter of amazement caused by British want of political symmetry soon died out. It is true that the Sultan murmured some few words of ineffectual protest, but no serious opposition was encountered from any quarter.
Why was this? The reasons were threefold.
In the first place, whatever fine-spun arguments might be woven from the loom of diplomatic technicality, the attitude taken up by the British Government was in substance manifestly both just and reasonable.
In the second place, their attitude was firm. It was clear that they intended to carry out their programme. The inevitable consequence ensued. No one was prepared to bell the cat, even if he felt any disposition to do so. A mere platonic protest would have caused irritation, and would have been ineffectual.
In the third place, the Powers of Europe, possibly without meaning it, paid a compliment to British rule. However much the Anglophobe press on the Continent might at times rave, it was perfectly well known that, under the British flag, Europeans-albeit they were the subjects of Powers, some of whom were animated by no very friendly spirit towards England - would be treated with perfect justice. Notably, Article VI. of the Agreement, to which at the time I attached great importance, tended greatly to allay any spirit of opposition which might otherwise have been aroused. It laid down that, in all matters concerning trade with, and residence in the Soudan, “no special privileges would be accorded to the subjects of any one or more Power”; in other words, the German, the Frenchman, the Italian and others were placed on a precisely similar commercial footing to that enjoyed by a subject of the Queen of England. Even the most militant Anglophobe could not fail to be struck by the contrast between this liberal attitude and the exclusive commercial policy adopted by other colonising. European Powers. Thus,
in laying the foundations of the new Soudan, a Free Trade policy-which I trust will never be dissociated from British Imperialism --formed one of the corner-stones of the political edifice.
After this fashion, the new Soudan was born. It was endowed with sufficient strength to support existence. Nevertheless, it was of necessity to some extent the child of opportunism. Should it eventually die and make place for some more robust, because more real political creation, its authors need not bewail its fate.?
1 At a later period of this work (vide Chapter LX.) I shall give a brief account of the results which have so far been obtained under the system whose main features are described in this chapter.
THE EGYPTIAN PUZZLE
Quand un peuple a souffert trop longtemps, c'est tout au plus si, dans son abaissement, il a la force de baiser la main qui le sauve.
P. J. STAHL
This country is a palimpsest, in which the Bible is written over Herodotus, and the Koran over that.
LADY DUFF GORDON's Letters from Egypt.
To watch the immemorial culture of the East, slow-moving with the weight of years, dreamy with centuries of deep medstation, accept and assimilate, as in a moment of time, the science, the machinery, the restless energy and practical activity of the West is a fascinating employment.
KENNETH J. FREEMAN, The Schools of Hellas.
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Serpent in the Heather
Kay Kenyon (Author) Nicola Barber (Read by)
FORMAT <div class="flex flex-wrap space-x-1"><span>Paperback</span><b>$14.99</b><span>(English)</span></div> <div class="flex flex-wrap space-x-1"><span>Hardcover</span><b>$26.99</b><span>(English)</span></div> <div class="flex flex-wrap space-x-1"><span>MP3 CD</span><span class='line-through ml-2 text-primary'>$14.99</span><b>$13.79</b><span>(English)</span></div>
Now officially working for the Secret Intelligence Service, Kim Tavistock is back to solve another mystery - this time a serial killer with deep Nazi ties - in the sequel to At the Table of Wolves.
Summer, 1936. In England, an assassin is loose. Someone is killing young people who possess Talents. As terror overtakes Britain, Kim Tavistock, now officially employed by England's Secret Intelligence Service, is sent on her first mission: to the remote Sulcliffe Castle in Wales, to use her cover as a journalist to infiltrate a spiritualist cult that may have ties to the murders. Meanwhile, Kim's father, trained spy Julian Tavistock, runs his own parallel investigation - and discovers the terrifying Nazi plot behind the serial killings.
Cut off from civilization, Sulcliffe Castle is perched on a forbidding headland above a circle of standing stones visible only at low tide. There, Kim shadows a ruthless baroness and her enigmatic son, plying her skills of deception and hearing the truths people most wish to hide. But as her cover disguise unravels, Kim learns that the serial killer is closing in on a person she has grown to love. Now, Kim must race against the clock not just to prevent the final ritual killing - but to turn the tide of the looming war.
Audible Studios on Brilliance
Fantasy - Historical
Kay Kenyon is the author of fourteen science fiction and fantasy novels as well as numerous short stories. Her work has been shortlisted for the Philip K. Dick and the John W. Campbell Memorial Awards, the Endeavour Award, and twice for the American Library Association Reading List Awards. Her series The Entire and the Rose was hailed by The Washington Post as "a splendid fantasy quest as compelling as anything by Stephen R. Donaldson, Philip Jose Farmer, or yes, J.R.R. Tolkien." Her novels include Bright of the Sky, A World Too Near, City Without End, Prince of Storms, Maximum Ice (a 2002 Philip K. Dick Award nominee), and The Braided World. Bright of the Sky was among Publishers Weekly's top 150 books of 2007. She is a founding member of the Write on the River conference in Wenatchee, Washington, where she lives with her husband.
Nicola Barber, is an Audie Award and Earphones Award-winning narrator whose voice can be heard in television and radio commercials and popular video games such as World of Warcraft. She is also an Audie finalist in the prestigious category of solo female narrationfor her work on Murphy's Law by Rhys Bowen and Call the Midwife by Jennifer Worth. She has performed on the stage in New York City and at a number of top regional theaters in the United States. Her film and television roles include The Nanny Diaries with Scarlett Johansson, and Law & Order's 2009 season premiere. Originally from England, she currently resides in New York, a multicultural background that enables her to bring a broad range of accents and characterizations to her role as a full-time voice-over actor.
Authors Who Have Been Featured on Simultaneous Times Podcast VIEW LIST (35 BOOKS)
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‘Gold Diggers of 1935’ (Film)
‘GOLD DIGGERS OF 1935’
Please feel free to comment on my review.
Lullaby of Broadway
The fifth and final film of ‘The Busby Berkley Collection’ is ‘Gold Diggers of 1935’. Shock of all shocks, this is the first film to be directed entirely by Busby Berkley and not just doing the musical numbers.
Sadly this film doesn’t feature Ruby Keeler as the main female lead alongside Dick Powell. This was a surprise since most of the Busby Berkeley films I’ve seen in this collection have Ruby Keeler in them.
‘Gold Diggers of 1935’ isn’t really a sequel to ‘Gold Diggers of 1933’. It is the fourth of the ‘Gold Diggers’ film series with the first two not having any direction by Busby Berkley in musical numbers.
Apparently the first three films had all been based on the 1919 play called ‘The Gold Diggers’. But ‘Gold Diggers of 1935’ was the first one to be entirely based on a wholly original tale without a play.
There would be too more ‘Gold Diggers’ movies after this one including ‘Gold Diggers of 1937’ and ‘Gold Diggers in Paris’. Those two films had Busby Berkeley involved but aren’t in the DVD collection.
I don’t think ‘Gold Diggers of 1935’ is the best film out of ‘The Busby Berkeley Collection’. It might have something to do with Ruby Keeler not being in the film, but I found this one pretty outlandish.
It’s clearly a comedy but there are certainly lots of comedic moments that seem to be pretty bizarre. Also the logic of the storytelling and the development of the characters seems pretty peculiar in this.
Anyway, the film features Dick Powell as Dick Curtis, a desk clerk at the swanky Wentworth Plaza in the Lake Waxapahachie resort. Dick agrees to be the escort for some rich woman’s sheltered daughter.
It is meant to be a business arrangement as the daughter is engaged to someone else. But as the film progresses, Dick finds himself falling in love with the daughter. And he’s engaged to somebody else.
Meanwhile, a Russian dance director puts on a show at the plaza in order to pay his restaurant bills. Will the play be a success? Will the wealthy widow permit his daughter to marry her new love, Dick?
Dick Powell as Dick Curtis is entertaining to watch and definitely a charmer for the ladies in these films. It’s amazing how he’s been in all of the Busby Berkeley films I have seen in this DVD collection.
Adolphe Menjou stars as Nicolai Nicoleff, the flamboyant Russian dance director who puts on a show. I did find him eccentric, especially in some of the dance numbers like a dagger dance number.
Gloria Stuart stars as Ann Prentiss, the sheltered daughter who doesn’t want to get married to the fiancé her mother has in mind for her. When she has fun with Dicks, Ann easily falls in love with him.
Alice Brady stars as Matilda Prentiss, the wealthy penny-pinching widow who wants her daughter to marry another rich man. She can come across as eccentric and pretty silly in her old-fashioned views.
Frank McHugh (who was in ‘Footlight Parade’) stars as Humbolt Prentiss, Ann’s brother, who seems to like the ladies a lot on holiday. We don’t see much of him, even though he does support Ann here.
Hugh Herbert (who was previously in ‘Dames’) stars as T. Mosely Thorpe III. He’s the man Ann’s meant to marry by her mum. He is an odd one as he’s very obsessed with snuff throughout the film.
Glenda Farrell stars as Betty Hawes, a hotel stenographer who works for the hapless Thorpe before she blackmails him later on. I’m not sure what her angle is, but she’s clearly a money-grabber digger.
The film also features Joseph Cawthorn as August Schultz, a set designer who works with Nicoleff. And of course Grant Mitchell as Louis Lampson, the hotel manager that tries Nicoleff to pay his bills.
Dorothy Dale stars as Arline Davis, Dick Powell’s fiancée who seems okay with Dick to escort Ann Prentiss. And she seems okay about him in love with before she falls in love with Humbolt. Unusual!
The film is well-known for its Academy Award winning musical number called ‘Lullaby of Broadway’. That is a peculiar but very impressive number by Busby Berkeley that wouldn’t fit in a small theatre.
Anyway, ‘Gold Diggers of 1935’ is fine as a musical film. I don’t think it’s a great instalment among the lot, but I found it really entertaining. It is definitely an impressive film directed by Busby Berkeley.
The DVD special features are as follows. There’s the ‘(buz’be bur’kle) n. A Study In Style’ featurette and the ‘Double Exposure’ featurette. There are two vintage cartoons including ‘Shuffle Off to Buffalo’ and ‘Gold Diggers of ’49’. There’s the ‘Direct From Hollywood Radio Promo’ audio-only bonus and the ‘Gold Diggers’ trailer gallery.
On ‘The Busby Berkeley Disc’ which is a bonus DVD disc in ‘The Busby Berkeley Collection’, there are musical numbers from the following movies presented for your enjoyment. These musical numbers are from films like ’42nd Street’; ‘Gold Diggers of 1933’; ‘Footlight Parade’; ‘Fashions of 1934’ (a film not included in the DVD collection); ‘Wonder Bar’ (another film not included in the DVD collection); ‘Dames’; ‘Gold Diggers of 1935’; ‘In Caliente’ (another film not included in the DVD collection) and ‘Gold Diggers of 1937’ (another film not included in the DVD collection).
‘The Busby Berkeley Collection’ has been an enjoyable set of musical films that my Dad loves and I can’t deny I take admiration for the talent gone into the film, both on the camera and behind-the-scenes. The musical numbers are impressive, especially in terms of their direction by Busby Berkeley.
‘Gold Diggers of 1933’ and ‘Dames’ have to be my two favourite films out of the DVD collection I’ve seen. I’m glad I saw these films again with my parents to review on my blog. They’re quaint comedic musicals featuring the likes of Dick Powell; Ruby Keeler and Joan Blondell who are excellent in them.
‘Gold Diggers of 1935’ rating – 7/10
Return to Busby Berkeley
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big brown bat size
That's a good species to know because it's one of the most widespread and common bats in North America, found throughout southern Canada and all of the US except most of Florida. Height/Body Length Students will work in pairs to measure their height (referred to as body length for bats). This site uses cookies to improve your experience and to help show ads that are more relevant to your interests. Bats can fit into holes 1/3” in diameter; basically the size of a baby finger. Big Brown Bat 3.4-5.4 inches long 13-16 inch wingspan 0.4-0.8 oz (7 Cheerios) Bats begin foraging for insects at dusk. It has small black ears, glossy light to dark brown body fur on top and paler fur below. The Big Brown Bat weighs 1/2 oz or a little more. 1), is one of the most common bats in North America (Barbour and Davis 1969). A big brown bat (Eptesicus fuscus) mid-flight. Click to expand. They have a wing span of about 13 inches (Baker 1983) with a comparatively large skull for their size, which contains 32 teeth. Big Brown Bat. It was first described as a species in 1796. Here is a little information on each the Big Brown Bat and The Little Brown Bat. Captions. Twitter. This is a big bat. Pest Control Tips: How to Get Rid of a Big Brown Bat. The big brown bat inhabits the lower 48 of the United States, southern Canada, and Mexico. Big Brown Bat. Big Brown Bat (Eptesicus fuscus) is a Threatened species in Wisconsin. In this recording, the big brown bat's echolocation call has a feeding buzz. Sep 30, 2020 - Things to survive with in America. It is very small with an overall body size that is from 2.5 inches to 4 inches. The Big Brown Bat is generally a species to be found in rural areas, but this adaptable species can survive in urban or suburban areas where there are parks or gardens where insects can be found. They have roosts in tree hollows and under loose bark, in caves, mines, buildings. The large brown bat is resembles a rat with wings. Size comparison of a six-foot-tall man and a little brown bat. English. It is approximately 2ounces in weight with a 12” inch wingspan. Captions. See more ideas about thick black women, curvy woman, curvy sexy. It has been estimated that a single bat may consume 3,000 insects in one night. Generally, females are slightly larger than males. Select from premium Little Brown Bat of the highest quality. Coloration: Black or brown with a golden ruff ... Also known as the Comoro flying fox, this hefty bat stands apart not only for its size but for its coloration. They have large bright eyes and their ears are rounded with a round tipped tragus. Add a one-line explanation of what this file represents . The big brown bat has dark brown color with a slight red shade on their skins. The span of their wings when outstretched can be up to 11 inches. Big Brown Bat. Its slow, steady flight, and large size make it fairly easy to identify. By using this site, you agree to the use of cookies by Flickr and our partners as … The body is 6 to 7 inches long and the wingspan is 12 to 16 inches. Big Brown Bat (Eptesicus fuscus) Description: One of Kentucky’s largest bats, the big brown sometimes attains a length of nearly 5 inches (127 mm) and can have a wingspan of more than 13 inches (330 mm). Haley from Barnes Wildlife Control relocates this bat that was found inside a Dayton Ohio home. This is a large bat without distinctive markings. This big brown bat's (Eptesicus fuscus) echolocation call sequence was recorded in Rio Blanco County, and the spectrogram is below. Beetles, wasps, mosquitoes and flies from pastures, lawns and vacant lots in the city make up its diet. Big brown bats commonly roost in buildings, where they sometimes hibernate. Habitat & Food . They have a large head with a broad nose, a rounded tragus and a keeled calcar. Little Brown Bat – Myotis lucifugus Description. Their teeth are used to bite preys especially when they catch using mouth. Bats are insectivorous and eat a wide variety and huge quantities of insects. 248-800-4126. Animals Animals/SuperStock. These bats can live in many human dwellings, including homes, barns, churches, athletic stadiums, and storm sewers. Summary . Order Chiroptera, Suborder Microchiroptera, Family Vespertilionidae, Subfamily Vespertilioninae, Tribe Vespertilionini. The spectrogram is below. The big brown bat, one of 18 bat species in Canada, is the most common and abundant bat in North America. They will compare their height to the two bat species. A few hours after posting the above picture bat expert John in Pennsylvania had replied with a note that our bat, despite its small size, is the Big Brown Bat, EPTESICUS FUSCUS. Weight Most bats in the Western United States are very small. Big brown bats are the most common bat in cities, towns, and rural areas. Females are larger than males, and both have powerful jaws. Now a massive bat, (the size comparable to that of a '6-year-old human') is giving people nightmares! The big brown bat (Eptesicus fuscus) is a large bat, perhaps twice the size of the little brown bat, but still weighs only half an ounce. It has a dark brown dorsal fur coat and may have light-brown ventral fur. In rare cases Big brown bats have been found with white patched on their wings and a few albinos have been found. In the picture below, a giant bat can be seen hanging upside-down, in what looks like someone's front yard in the Philippines. GENERAL CHARACTERS The big brown bat, Eptesicus fuscus (Fig. Find the perfect Little Brown Bat stock photos and editorial news pictures from Getty Images. Their habitat is usually found in forested regions. Big Brown Bats can be found state-wide. Others may travel 150 miles to hibernate further south. Big Brown Bat (Eptesicus fuscus) Forearm — 1.65 to 2.01 inches (4.2 to 5.1 cm) Wingspan — 12.80 to 13.78 inches (32.5 to 35.0 cm) Ears — with rounded tragus Color — From reddish brown, copper colored, to a dark brown depending on geographic location. Big brown bats differ very little from big brown bats in their habits or lifestyle, but mainly differ in size. During the summer months, big brown bats are found in various habitats including mixed landscapes of deciduous woodlands, farmlands, edges near water and urban areas. It is an extremely hardy species of common bat, and found in almost every type of environment. There are even three different species of blood-drinking vampire bats. These bats are glossy brown in color, slightly lighter below. Diet The Big Brown Bat is an insectivore, and will eat almost any flying insect that it can catch. leaf-nosed bat . Structured data. They mostly go unnoticed, but on summer nights, high above our heads, groups of them swoop through the air to vanquish those looking to do New Yorkers harm. Brown bats are nocturnal (like other North American bats). Description: English: This is a great look at a Big Brown Bat (Eptesicus fucus) in the sunlight. Both bats range through most of the continental US and into southern Canada. They are found across the United States, Canada and South America. Some colonies remain year-round. This species lives throughout Missouri and roosts by itself or in small groups in caves. Females may form large colonies in bat houses and buildings over the summer. Big Brown Bat She's the same species as the other bats I catch in Maryland, which are big brown bats, Eptesicus fuscus.I caught this one in the hallway. They can live in woods, farmfields, and cities and are the bats most often found roosting in houses in Connecticut. The big brown bat (Eptesicus fuscus) is a species of vesper bat distributed widely throughout North America, the Caribbean, and the northern portion of South America. Big Brown Bat Species Guidance 1 of 11 PUB ER-707 (last updated June 23, 2017) Big Brown Bat (Eptesicus fuscus) Species Guidance Family: Vespertilionidae – the evening bats General Description: The big brown bat receives its name from its russet to dark brown color, as well as its size relative to other Wisconsin bats. The big brown bat is a wonderful pesticide provided by nature. Original file (3,968 × 2,976 pixels, file size: 2.6 MB, MIME type: image/jpeg) File information. Description: As the common name suggests, this bat is large and brown, but color varies from cinnamon brown to dark brown on the back, and is lighter on the belly. NOTE: For best results, print the bats on legal-sized paper. Its muzzle, wing membranes and ears are black. She's not baring her teeth at … The Big Brown Bat is the most likely bat to inhabit man-made structures, but will also use many other natural shelters. Leaf-nosed bat in flight. The big brown bat has a large nose, is reddish to dark brown in color, and sports a wingspan ranging from 12 1/2 to 13 1/2 inches. They also roost in tree hollows and caves. Little brown bat • Adult little brown bats are typically only 2.5 – 4 inches long from nose to tail, about the size of an adult’s thumb. Biology of Big Brown Bat - The big brown bats are 110-130 mm length. Also Read: Indonesia: Bats Are Reportedly Back On The Menu & Wild Animals Continue To Be Sold For Meat. This species has uniform brown fur, measures nine to 14 centimetres in length, weighs 11 to 25 grams and has a wing span of 32 to 35 centimetres. Armed with the power of flight and extraordinary hearing, they move quickly and stealthily. Date created: 2020-10-14 00:00:00.0. Big Brown Bat Eptesicus fuscus (Beauvois, 1796) CONTEXT AND CONTENT. They range in size from the giant flying foxes, with wingspans up to 5 feet (1.5 meters), to the itty-bitty bumblebee bat, with only a 6-inch (15-cm) wingspan. This bat is almost entirely black, but sports longer guard hairs that give it a unique golden shimmer over the top of its black coat. They are late-dusk fliers that often swoop low to the ground. Credit / Author: Katy Warner/CWU. Introduction They operate under cover of darkness. The females are larger than the males and they have strong sharp teeth. Their forearms are 41-50 mm in length. Bats Are the Only Mammals Capable of Flight. The big brown bat was selected because it is much more widely distributed than the greater bonneted bat. The Little Brown Bat is a species that is well known. The only way to protect your home or cottage from a big brown bat is to completely seal the structure. It’s body length averages 4 1/8″ to 5″ with a 14″ wingspan. Plus the guano is a fabulous addition to compost. Remember that if you need bat removal to call Bat Specialists of Michigan. After a couple of hours, they return to a roost to rest or nurse their pups. Big brown bats forage in a variety of habitats including rivers and streams, forested areas, over open fields, and along city streets. Consequently, there is no need for artificial insecticides that contain poison. Compared to other microbats, the big brown bat is relatively large, weighing 15–26 g (0.53–0.92 oz) and possessing a wingspan of 32.5–35 cm (12.8–13.8 in).
Senior Program Manager Salary, Samsung Fridge Water Dispenser Paddle Broken, Sartre Uses The Term Bad Faith To Refer To, Rough Textured Plants, Continuous Vs Batch Composting, 2020 Chevy Impala For Sale,
, Samsung Fridge Water Dispenser Paddle Broken, Sartre Uses The Term Bad Faith To Refer To, Rough Textured Plants, Continuous Vs Batch Composting, 2020 Chevy Impala For Sale, "}]
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What Does PT Stand For In The Navy?
Is 50 pushups a day good?
How many push ups do you need to pass the Army PT test?
Do push ups give you a six pack?
What is Navy salary?
What is the most dangerous job in the Navy?
What does Mo mean in military?
Does the Navy still use PT boats?
Where is PT 109 located?
What does PT stand for in the military?
How long is a Navy PT boat?
What does so stand for in the Navy?
What is LMO position military?
What does FOB stand for slang?
What does R stand for in veteran?
Do any PT boats still exist?
How many push ups a day is good?
What does Navy stand for?
What are Navy guys called?
Perfect pushups strengthen your entire body to a greater degree, transfer over to more activities, and are also safer on your joints.
They’re also more difficult.
That’s why a far better goal than doing even 100 “everything else” pushups is to shoot for 50 perfect pushups..
The U.S. Army measures physical aptitude through the Army Physical Fitness Test, or APFT, which requires soldiers to complete three events: 2 minutes of push-ups, 2 minutes of sit-ups, and a 2-mile run.
The point is, doing body-weight exercises will help you get a ripped six pack fast because each exercise requires you to use a very large number of muscles – and this always includes your abdominals. … Push-ups hit your abs, bench press not so much.
The average U.S. Navy monthly salary ranges from approximately $2,189 per month for Boatswain’s Mate to $5,643 per month for Fire Controlman.
Flight Deck Crew on Aircraft Carrier These jobs are considered the most dangerous classification of jobs in the US Navy. Accidents on flight decks can range from crew members falling overboard to a crew member being too close to an engine intake and ending up hurt or killed by being sucked into the aircraft engine.
military occupational specialty codeA United States military occupation code, or a military occupational specialty code (MOS code), is a nine-character code used in the United States Army and United States Marine Corps to identify a specific job. In the United States Air Force, a system of Air Force Specialty Codes (AFSC) is used.
Nicknamed “the mosquito fleet” and “devil boats” by the Japanese, the PT boat squadrons were hailed for their daring and earned a durable place in the public imagination that remains strong into the 21st century. Their role was replaced in the U.S. Navy by fast attack craft.
Solomon IslandsThe wreckage of PT-109 was located in May 2002, when a National Geographic Society expedition, headed by Dr. Ballard, found a torpedo tube amongst wreckage that matched the description, and location, of Kennedy’s vessel in the Solomon Islands.
Physical trainingPT: Physical training. Key to military readiness, service members will be expected to meet fitness standards throughout their enlistment. PX: Post Exchange.
In the later years of the war the U.S. Navy standardized the design and construction of the PT boat. Two basic and distinctly different types of PT Boats were built for combat with the predominant PT, the 80-foot long “Elco” boat, and the slightly smaller 78-foot long “Higgins” boat.
Special Warfare OperatorsUpdated January 06, 2019. The Navy calls them Special Warfare Operators (SO), and they’re known around the world as the SEALs, but either way, they are one of the toughest outfits to get into in the U.S. military.
LMO. Legislative Management Officer. showing only Military and Government definitions (show all 28 definitions)
Fresh off the boatFresh off the boat (often abbreviated as F.O.B., FOB, fobbish, or fobbie) is a derogatory slang phrase…
R — Resolve. I don’t doubt that each and every veteran has strived to be the best in all he or she has done. The “R” in the acronym can also mean “remembrance.” Military veterans know it’s important to never forget the sacrifices that have been made to protect this country. A — Appreciate.
PT boats played an essential and dramatic role in advancing the U.S.’s military campaigns in the aftermath of the attack on Pearl Harbor. Today, just four combat-veteran PT boats still exist in the U.S. Of those, only PT-305 is fully restored and operational, complete with original-model engines.
There is no limit to how many push-ups one can do in a day. Many people do more than 300 push-ups a day. But for an average person, even 50 to 100 push-ups should be enough to maintain a good upper body, provided it is done properly. You can start with 20 push-ups, but do not stick to this number.
NAVYAcronymDefinitionNAVYNever Again Volunteer YourselfNAVYNautical Army of Volunteer Yeoman (Australia)
sailorsNavy (sea) – A military force that uses ships and boats. They also sometimes have planes. People in a navy are called sailors unless they are officers or pilots.
Quick Answer: Is Public Relations A HR?
Whats the difference between HR and PR? At a first
What Branch Of Government Is The Most Powerful?
Which branch declares laws unconstitutional?
Will The Government Get Rid Of Student Loan Debt?
Are they getting rid of student loan debt?
Question: What Are The 3 Uses Of Communication?
Quick Answer: What Do You Mean By Lithosphere Explain How It Is Formed?
What is lithosphere very short answer? The lithosphere
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Construction of Sacramento Kings arena using award-winning drone monitoring system developed at Illinois
By Mike Koon
A University of Illinois team has developed predictive visual data analytics tools, called "Flying Superintendent" to automate and streamline today’s time-consuming practices for construction progress monitoring. Their award-winning solution utilizes both images and videos taken with camera drones and four-dimensional Building Information Modeling (BIM) to quickly identify and visually communicate the actual and potential performance problems during execution of construction projects via smartphones and tablets to project participants, on and off site.
The Illinois team is collaborating with Turner Construction Company’s Northern California office to implement the technology on the NBA’s Sacramento Kings new downtown arena, the Golden 1 Center. The goal was to use the resulting color-coded 3D visual production models from University of Illinois’ technology to easily and quickly inform project stakeholders about at-risk locations on a project site, allows them to prioritize problems based on their impact on construction plan, and take corrective actions to improve the reliability of short-term project plans and develop more productive workflows for construction.
Mani Golparvar-Fard
CEE at Illinois Assistant Professor and faculty entrepreneurial fellow Mani Golparvar-Fard is the lead principal investigator on the group, and Derek Hoiem, associate professor of computer science, and Tim Bretl, associate professor of aerospace engineering are co-principal investigators on the project. The team also involved Jacob Lin, Kevin Han, Nour Dabboussi, Gustavo Garcia, CEE graduate students, Darren Liu, CEE undergraduate student, and Joseph Degol, Rajbir Kataria, and Ka Wai Tsoi, CS graduate students.
“Our web-based solution provides real-time visual reporting of work completed using unordered images collected by any device, from drones to commodity phones," Golparvar-Fard said. "All personnel, on and off-site, can interact with our 3D visual production models to communicate and analyze work in progress throughout the life of the job. Teams can conduct quality control by comparing as-built models with specifications, and improve safety by having a clear and immediate understanding of potential hazards. The analytics we conduct on these survey-grade 3D visual production models offer construction managers a transparent view into what’s happening on site each day, empowering them to improve reliability in short-term plans and eliminate problems before they happen.”
That collaboration has earned a Turner Innovation Award in Turner’s Fourth Annual Award for Innovation program.
Lincoln Wood, regional manager for virtual design and construction at Turner Construction Company says that while it monitors progress closely on its projects, the aerial images and software analysis being used provides a comprehensive picture of what’s going on, and can highlight how a slowdown in one area may affect the entire project. “The powerful thing about this is that it highlights issues with our schedule grouped by their location in 3D. This streamlines the management of our weekly work planning efforts by allowing us to visualize and mitigate potential risks to our schedule before they happen.”
Lincoln references that this effort couldn’t have been done without the help of Janie Winning, Turner Construction Company VDC Scheduler, Jim Barrett, National Director of Innovation at Turner Construction Company, Thomas Bartlett, CEO of Image In Flight, and the team at the University of Illinois at Urbana-Champaign, led by Dr. Mani Golparvar-Fard, assistant professor of engineering and CEO of Reconstruct, Inc.
The University of Illinois team received a nearly $1 million Cyber-Physical Systems (CPS) grant through the National Science Foundation for the project, which kicked off in January 2015 and continues through the end of 2019. With the support of the new faculty entrepreneurial fellowship (FEF) program by the Technology Entrepreneur Center (TEC), Golparvar-Fard and the team are commercializing the solution via RECONSTRUCT Inc. a new spinoff company housed in University of Illinois Research Park.
To further streamline the data collection practice, the team is currently developing and testing their recent prototypes to autonomously collect images on construction sites using the drones and ground robots without heavily relying on GPS for navigation purposes. As part of this project, the team is also exploring mechanisms to autonomously mount video cameras on building elements to detect and track construction resources and offer visual data analytics on construction safety and productivity.
The National Science Foundation featured the technology in a recent episode of its show, NSF Science Now:
For more information about this story or for other College of Engineering media inquiries, contact Mike Koon, Marketing & Communications Coordinator, 217/244-1256
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Reporting on HIV/AIDS
Look for the Conflict
By Jon Cohen
Conflict drives the most compelling stories, and HIV/AIDS has conflict at every turn.
Conflict ranges from scientists confronting each other with different ideas to mysteries, unkept promises, discovery, hype vs. hope, and the threat of death. Or consider the sharp divisions between health options for the rich and poor, religion and politics overshadowing evidence, activists demanding a voice in decisions, and plucky generic drug makers battling over patents with big pharmaceutical companies. And then there's the astonishingly capable immune system vs. a relentless virus.
But far too much HIV/AIDS reporting dodges conflict, relying instead on official announcements made by leaders, publications by scientists and conferences. These, of course, matter and deserve attention, but they skim the surface of the possibilities.
The best HIV/AIDS coverage delves beyond the latest statistics of how many people are infected, the publication of a new national plan, or the results from a study of a promising new treatment or preventive. It tells the stories of the vulnerable people who took part in that study and offers different perspectives about the results. It airs debates that took place behind closed doors while the new policy was being formed. It explains the complex, confusing forces that drive how an epidemic changes shape over time.
HIV/AIDS reporting breaks into five general categories: epidemiology, research, treatment, prevention, and social issues. These five categories overlap; there's an increasing awareness, for example, that prevention and treatment go hand in hand. Still, the categories give an overview of the landscape, and can serve as a map to stories:
* Epidemiology - where the virus has gone and where it's going - receives the most routine attention, with the Joint United Nations Programme on HIV/AIDS providing updates that predictably fuel stories every December 1 on World AIDS Day and again right before the biannual international AIDS conferences.
* Social issues, such as stigma and discrimination, receive loads of coverage, too, in part because they put a personal face on the issue and are relatively easy stories to tell.
* Since the advent of powerful antiretroviral drug combinations in the mid-1990s, treatment stories in developed countries grab fewer headlines (another new drug or an improved regimen often elicits a shrug). But they have taken center stage in the developing world, where access to these life-saving medicines remains a pressing issue.
* Prevention provides a rich array of topics, including condom and partner reduction campaigns, circumcision, experimental vaccines and microbicides, and drugs to thwart the spread from infected pregnant women to their babies.
* Basic research probably receives the least attention, but that's a huge oversight. The death dance between the virus and the immune system is inherently dramatic, and experiments continue to uncover fascinating plot twists that inform everything from development of drug resistance to the search for more effective treatments and prevention strategies.
Ask: What's a good, undercovered story?
Many Web sites provide data and country-by-country trends that suggest good story ideas. (See the Toolkit in the Resources section to the right for a list of useful sites.) But there's nothing like talking to people on the front lines and asking them this simple question: What's a good story that deserves more attention?
Academic researchers who run studies in humans often have a refined sense of what is both interesting and significant, and they tend to have close ties with affected communities. Similarly, nongovernmental organizations (NGOs) can provide ideas and access to people at the center of the HIV epidemic who, for legal and social reasons, often fear (or are kept away from) the media: sex workers, injecting drug users, men who have sex with men, prisoners and illegal migrants.
To locate these NGOs, visit booths in the exhibition halls at AIDS conferences, look for local alliances or scan the names in what's called the Country Coordinating Mechanism - the group of stakeholders that writes Global Fund proposals. Several NGOs with strong HIV/AIDS programs have an international agenda, including Médecins Sans Frontières, Population Services International, Oxfam, Panos, Marie Stopes, Partners in Health, Care International, World Vision, and the Elizabeth Glaser Pediatric AIDS Foundation. The Bill and Melinda Gates Foundation gives grants to many NGOs to conduct interesting projects around the world.
AIDS activist and advocate groups closely track politics, research and access issues, and often produce thoughtful publications, have articulate leaders and boldly tread into rough waters that others avoid. On the flip side, many of the best sources work for governments or quasi-governmental institutions like the various branches of the United Nations. People in these types of jobs tend to see the big picture, since they shape policy and monitor trends, but they also tend to have their fingers in many pies and understand the more subtle aspects of issues.
Journalists who write about HIV/AIDS sometimes shy away from learning the science. But it is not as complex as it might seem. Even if your audience has little appetite for technical information, a solid knowledge of the fundamentals builds a foundation that can inform all other aspects of covering the epidemic. (See sidebar to the right for a quick primer.)
To begin with, if you have even a rudimentary understanding of the science of HIV/AIDS, you'll be able to decipher more of what researchers are saying. Many of them will appreciate your effort to understand the language of HIV/AIDS and help you become more fluent.
Reporters constantly have to judge the newsworthiness of information, and it's all too easy to believe "experts" who have doctorates or medical degrees. Many policy and funding decisions similarly rely on scientific information, and some of the most eye-opening stories come from noticing trends, like three different research groups reporting similar findings within a few months of each other.
Wading through the flood of data
There are a few tricks that can help make sense of the flood of data being published in journals and presented at meetings.
* Read the last paragraph of a scientific paper or conference abstract first. It often explains the rationale for a specific experiment, why the results matter, and how the finding differs from what others have reported.
* Don't pretend to understand things that confuse you. Ask questions. Researchers often will gladly give you copies of presentations they have created, which typically include graphics that explain the work (and can be used in print and TV stories). Poke around to find out who their chief competitors are, and then contact those people.
* Pay close attention to who funds a study. If it's a company that stands to profit from the results, keep that in mind.
* Don't speculate, and don't quote people speculating. Remember that most experiments fail, and that most things are possible, but few are probable. If someone makes an exceptional claim, it requires exceptional evidence.
* Recognize that some data are more convincing than others. Pay attention to the "N," "O," and "P." "N" is the number of people, animals or samples in a study; more is generally more (n=1 is nothing but an anecdote). "O" is the opposing view, and it's rare that everyone agrees about everything. And "P" is the probability that a finding is true, which otherwise is known as statistical significance. (Ideally, researchers like to be at least 95 percent confident that their results are not due to chance, expressed as p<.05.)
Here are a few stories that will continue to deserve close scrutiny:
* In a push to deliver treatment to everyone in need, there's been a sharp spike in funding for HIV/AIDS. What's delaying the rollout of treatment in different places? Is the money being spent wisely? Does corruption exist? How can countries afford to sustain the treatment programs they've started? What can they learn from each other? I've written stories addressing these issues.
* Each locale has a unique epidemic, and the local prevention response ideally should target the "drivers" that spread it in that place. There's often a disconnect between prevention efforts and the drivers, because many countries refuse to acknowledge that they have, say, an epidemic predominantly of men who have sex with men or injecting drug users. See my story on programs that target Mexican migrant workers.
* Politics and religious concerns often prevent many countries from aggressively promoting proven prevention tools, be they condoms, harm reduction for drug users, or sex education of teens.
* Five people are infected for every two who start treatment - which raises stark funding questions about how the world can continue to promise access for all
* In the end, the two holy grails that remain are developing a vaccine and finding a cure. They are two of the trickiest stories, too.
The vaccine search has been a roller coaster ride of hope and despair. That's a compelling tale in itself. But, beyond tracking the ups and downs of the lead "candidates" in clinical trials, terrific stories abound in less obvious places like monkey studies and close examinations of people who either resist becoming infected despite repeated exposures or do not suffer any ill consequences from their infections.
A "cure" - a four-letter word to many researchers who worry about raising false hopes - is a more remote possibility still. Yet stronger drugs and a better understanding of how the virus persists will continue to keep this dream alive - and worthy of close attention from the media.
Watch for tectonic shifts
Journalism strives to report what's new, and as the HIV/AIDS epidemic ages, it becomes more difficult to find novel angles. But the epidemic has changed radically since it surfaced in 1981.
A disease once thought to primarily afflict gay men now mainly spreads through heterosexual sex. Great confusion about the cause of AIDS has given way to a clearer understanding of this virus than any other pathogen ever discovered. Once a death sentence, HIV can be tamed by drug cocktails that allow people to live nearly normal life spans. The wall that separates poor from rich has started to crumble, offering millions of people access to treatment and prevention advances.
These tectonic shifts are one of the most interesting aspects of covering the epidemic: The story keeps changing. The challenge is to see the changes as they're happening, and that requires looking far beyond the pronouncements of important people, conference presentations and press releases.
Jon Cohen has covered the HIV/AIDS epidemic for two decades from many regions of the world. He is a correspondent with Science magazine, and author of "Shots in the Dark: The Wayward Search for an AIDS Vaccine."
Tricks of the Trade: Finding Nuggets In the River of Medical Studies
HIV/AIDS: Progress, but No Cure
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Bern Switzerland Temple
9th dedicated temple in operation
Limited Operations
PHASE 2: TEMPLE OPEN FOR LIVING ORDINANCES ONLY
Effective 31 August 2020
© Ivan Majc. All rights reserved.
Tempelstrasse 2
CH-3052 Zollikofen, Bern
Telephone: (+41) 31-915-5252
Street Map – Nearby Hotels
Clothing rental available
NO cafeteria food served
Patron housing available
Distribution store nearby (Store Locator)
Groundbreaking and Site Dedication:
5 August 1953 by David O. McKay
Public Open House:
9–10 September 1955
Dedication:
11–15 September 1955 by David O. McKay
Rededication:
23–25 October 1992 by Gordon B. Hinckley
Reinforced concrete with a creamish gray terra cotta facing trimmed in white
Architectural Features:
Single attached end spire with an angel Moroni statue
Ordinance Rooms:
Four ordinance rooms (stationary) and seven sealing
Temple Locale
Situated in the village of Zollikofen, the Bern Switzerland Temple stands on a gently sloping hill at the edge of a well-tended national forest. To the south is the capital city of Bern, the meandering Aare River, and the famed Swiss Alps. The temple is easily accessible—just a four-minute walk from the Zollikofen railroad station and street car terminal.
Temple Facts
The Bern Switzerland Temple was the first temple built in Europe (and in Switzerland).
The Bern Switzerland Temple was the first "overseas" temple built by the Church.
The Bern Switzerland Temple was the first temple to use film presentation of the endowment ceremony.
The Bern Switzerland Temple was the first temple where English would not be the predominant language.
The Bern Switzerland Temple was originally named the Swiss Temple.
The Bern Switzerland Temple is a sister building to the Hamilton New Zealand Temple.
The Bern Switzerland Temple was originally constructed with a single 250-seat, auditorium-style ordinance room equipped with motion-picture presentation of the endowment.
In 1992, the Bern Switzerland Temple was formally rededicated following an extensive remodeling project that completely updated the interior and added additional endowment and sealing rooms.
In 2005, a statue of the angel Moroni was added to the spire of the Bern Switzerland Temple in commemoration of its 50th anniversary.
Temple Dedication (Audio)
President David O. McKay dedicated the Bern Switzerland Temple in the first of ten dedicatory sessions on September 11, 1955, at 10:00 a.m. An audio recording of his remarks and his pronouncement of the dedicatory prayer are available for download.
Temple History
The Swiss Mission was created on November 24, 1850. Elder Lorenzo Snow of the Quorum of the Twelve, who had been laboring as a missionary in Italy for several months, set apart one of his companions, Thomas B.H. Stenhouse, as the mission's first president.1
Prophecies of international temples were made as early as August 1906, when President Joseph F. Smith visited Zurich, Switzerland, and predicted that "the time would come when temples to the Most High would be built in various countries of the world." Only four temples were in operation at the time—all in Utah.2
President Heber J. Grant pronounced a similar prophecy in 1923 at the dedication of the temple in Cardston, Alberta: "I have no doubt in my mind that temples of the Lord will be erected in Europe, none whatever. How soon that will come I do not know. It will not come until the spirit of peace has increased among the people of Europe." World War II ended in Europe in 1945, and the temple was dedicated just ten years later.3
President David O. McKay approved a site for the temple in the summer of 1952 and placed President Samuel E. Bringhurst of the Swiss-Austrian Mission in charge of procuring the property. Investigation disclosed 30 heirs with interest in the property, resulting in time-consuming negotiations. During a sleepless October night, President Bringhurst felt there may be a reason for the delay. He held a mission-wide fast for a resolution, and the property was withdrawn the next day. Although a little disappointed, the decisive action was a wonderful testimony to all.
President Bringhurst rejoined his real estate agent and found three more sites, though one became unavailable soon after. "I prayed earnestly for guidance," he wrote, "and accompanied by Mrs. Bringhurst, drove back to decide between the remaining two properties. The one considered choice number two the day before, now seemed to be more desirable?.[As] we walked over it, all doubt seemed to leave and we felt certain we were on the site the Lord wished for the first European temple." After purchasing the site, it was learned that the elevated portion of the previously desired site was being taken for a state highway.4
In the fall of 1953, President McKay gave a special charge to Gordon B. Hinckley: "I want you to find a way to present the temple instruction in the various languages of Europe while using a minimum number of temple workers." The monumental task had a two-year time limit and was to run concurrent with his responsibilities in the Missionary Department. Tremendous study and prayer lead to his recommendation that the sacred ceremony be filmed in its various languages, leaving the challenge of production. The priesthood assembly room of the Salt Lake Temple was temporarily converted to a production studio. A full year was required to produce the film in English, followed by new casts and translations for 7 additional languages.
Once production was finally finished, transportation of the sacred films became the next concern. In Basel, the customs agent asked Brother Hinckley what the small drums he carried contained. "Church film and lectures," he responded. The agent explained that the films must be transported to Bern for approval by the federal film board. Sensing he should not draw undue attention, Brother Hinckley reluctantly surrendered the canisters. A day of fasting and pleading followed. Early Monday, Brother Hinckley and President William F. Perschon of the Swiss-Austrian Mission reported to customs. In the federal film board office, the officer in charge directed a number of questions. Later, President Perschon reported that "a friendly understanding seemed to come over [the officer]." In unusually cooperative manner, the papers were stamped and films released without anyone seeing a frame or hearing a word.5
To accommodate those who had traveled long distances, temple ordinances commenced at 5:00 a.m. the day following the dedication. By 9:00 p.m., 22 sessions had been held for 900 members including 79 living endowments, 17 living couple sealings, and 21 living children-to-parents sealings.6
In 1990, the temple was closed for extensive remodeling and refurnishing, reopening 2½ years later following an open house and rededication. Dozens of languages surrounded the reopening events, yet a sense of unity prevailed in the temple where children of God experienced His peace together, despite ethnic background, country of citizenship, or political view. One such juxtaposition was a bus of 42 Croatian and 7 Slovenian members from divided Yugoslavia who sat together as one in Christ. Those members who traveled the farthest were assigned to the last day of rededicatory services, enabling them to perform ordinance work the next day.7
On September 7, 2005, a statue of the angel Moroni was installed atop the Bern Switzerland Temple in honor of the 50th anniversary of the first temple in Europe. A commemorating conference convened in a nearby stake center three days later, presided by Elder Bruce C. Hafen of the Seventy, a descendant of Swiss convert John G. Hafen. Faith-promoting stories were recounted of the bold and historic events leading to the dedication of the temple—a milestone moment in the internationalization of the Church.8
Gerry Avant, ed. "Worldwide Church: Switzerland," 2004 Church Almanac (Salt Lake City, Utah: Deseret Morning News, 2004) 392.
Marba C. Josephson, "Against the Backdrop of the Jurals and the Alps," Improvement Era 1955: LVIII.9.
Richard O. Cowan, Temples to Dot the Earth (Springville, Utah: Cedar Fort, Incorporated, 1997) 157.
N. B. Lundwall, Temples of the Most High: Collector's Edition (Salt Lake City, Utah: Bookcraft, 1996) 197–202.
Sheri Dew, Go Forward with Faith: The Biography of Gordon B. Hinckley (Salt Lake City, Utah: Deseret Book Company, 1996) 176-193.
"Blessings of House of the Lord Reach Faithful in Many Lands," Church News 24 Sept. 1994: 7.
Gerry Avant, "Thousands Gather and Savor Experience of Temple Dedication," Church News 24 Oct. 1992: 3.
Shaun D. Stahle, "Swiss Temple: Dedication a bold act of faith," Church News 17 Sept. 2005: 12.
"Everything that occurs in the temple is uplifting and ennobling. It speaks of life here and life beyond the grave. It speaks of the importance of the individual as a child of God. It speaks of the importance of the family and the eternity of the marriage relationship."
11th dedicated temple in operation; closed for renovation; interior and exterior renovations continue
4th dedicated temple in operation; closed for renovation; church Office Building plaza fenced off for upcoming grounds renovation
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Jinsei no onimotsu / Burden of Life (1935)
It’s somewhat fitting that I saw this so recently after Shimazu’s A Brother and His Younger Sister as this effort from Gosho also represents the shomin-geki genre beginning to work itself up the social ladder. The family here might a little below the one in Shimazu’s film, but they are certainly middle class. It seems that towards the end of the thirties, the genre began to concern itself more with being character-driven home dramas. This is essentially what they always were, but there’s a level of privilege found in the families of these two films that isn’t the norm. It’s not overwhelming, if anything, it’s fairly subtle, but it’s worth noting.
Shozo and his wife Tamako exhaust themselves trying to pay for their daughters’ marriages and in the process, they seem to forget their much younger son, Kanichi. While his sisters are all young adults, one of whom is already a mother, Kanichi is still a young boy. The age difference seems to suggest his conception was something of a mistake. This sentiment is followed by Shozo himself who confesses such an opinion of his son night after night to his wife. After the elder couple marries off their final daughter, they are jubilant until Shozo realizes he still has to worry about his far younger son. He suggests that they don’t pay for schooling and send him out into the working world, which motivates Tamako to leave and take Kanichi with her.
Despite the 65 minute running time, Gosho seems to have a little fun with the structure of his film. One might think he needs to quickly devote his energy to the “main” story (the one I’ve described above) but he takes his time. Instead, he begins with a focus on Itsuko and her (comically) deceitful husband. This is something of a secondary narrative, but the storytelling strands in the film never feel like simplistic linear narratives. I mean, the film unfolds in a linear fashion but there isn’t the sensation, like there is in most films (even great ones), that the director is deliberately concerned with the pace of his storytelling. Nothing is rushed here by Gosho, and as cliche as it sounds, it really enhances the film’s realistic qualities.
There are also some pretty fantastic performances here. Tatsuo Saito plays Shozo perfectly: when he reveals just how much he doesn’t care for his son, we are stunned. As a peripheral character in the film even points out, it’s easy to see his side of things. The words he has for his son (which he never says to Kanichi’s face, thankfully) are so disheartening one would think that if Kanichi heard it, it would be the foundation for several years of therapy. Masao Hayama is likewise impressive as Kanichi, playing his hidden fears for his father’s presence off as something not so tragic. There’s a particularly heartbreaking scene where Kanichi plays with his friends. As supper time arrives, children begin to leave as their appetite gets the best of them. Kanichi encourages the few remaining to continue playing with him as although he is most likely as hungry as they are, he is willing to do anything to stay away from his father.
It’s important to note that never in the film is Shozo presented as being abusive to any of his kids or his wife, but this of course does not make his behavior remotely acceptable. In something of a hokey turn, he eventually realizes the error of his ways when, free from the restrictions of his wife, he explores the nightlife with some coworkers. The hokey turn comes when he spots a flower boy who reminds him of his son. There’s another crucial moment in this stretch where he talks to a barmaid. She calls him father, which of course triggers his fatherly duties. He asks her about this and the discussion leads to the barmaid’s age. She tells him she’s nineteen and we see something remarkable in Shozo’s face. The barmaid is presumed to be younger than any of his daughter and he realizes the preposterous nature of his actions. He leaves immediately afterwards.
The film doesn’t really have time for much more to happen outside of what I’ve described and a few episodes that do enhance the characters. This seems like a reduction of Gosho’s accomplishment, but it’s not. Even within such a tight frame, he squeezes fascinating characters from material that might have given us forgettable side characters in the hands of a lesser director. Itsuko is of particular interest, if only because she’s played by the legendary Kinuyo Tanaka. Although she collaborated with Gosho before in Madamu to nyobu (1931 – considered Japan’s first talkie), this is the earliest I’ve seen her. Perhaps it helps to be a fan of hers to begin with, but her performances here is nice and subtle. She has a wonderful moment where she asks her mother for money, and she plays off her mother’s concern with wits. Meanwhile, she sees through her husband’s white lie that would have given him an excuse to hang out with a pal. There’s an interesting bit of class politics there as well, as her husband refers to the family’s problems as “typically bourgeoisie” but nothing more is made out of this. Given the character’s comic personality, I think we’re supposed to scoff at his assessment rather than agree with it.
Ani to sono imoto / A Brother and His Younger Sister (1939)
One is left wondering what might have become Yasujiro Shimazu had he not been succumbed to lung cancer in 1945. He was diagnosed in 1935 and his output suffered afterwards, up until his death. This film comes a little bit after his prime, which would have been the early to mid 30s. This is still a wonderful film, but it does represent Shimazu going outside of his usual territory. This is a still domestic drama, but he’s moved up from the usual lower middle class family to one that seems perfectly fine financially. Considering the social status of the protagonist, one can’t help but note a similarity with Ozu’s films of the 50s and 60s, especially when Ozu himself was still working with lower class families.
Keisuke works late hours at his job where he doesn’t get the attention he feels he deserves. He comes home very late to a house that he and his wife share with his younger sister, Fumiko. Fumiko is a perfect modern girl, who supports herself with a job as a typist. One day at work, she is confronted by a man who has obvious romantic intentions. She resists them, but the man stays active, sending her flowers on her birthday. Keisuke’s boss tells him of his nephew and his intentions to marry Fumiko. Keisuke is expected to pass along the marriage proposal, which his boss expects will be accepted, but Keisuke knows his sister better than that.
While this film does anticipate Ozu’s latter works in content, it’s very different in form. While Shimazu keeps most of the action indoors, either in the home or the office, he doesn’t do it with Ozu’s rigor. In fact, Shimazu seems to lack a close aesthetic companion, being efficently low-key in most situations but has some more artsy flourishes, including some restrained tracking shots. While the camera movements aren’t exactly Mizoguchi (it might be worth mentioning that Mizo’s most technically accomplished film, Zangiku monogatari came out in ’39 as well) there’s still some impressive cinematography, which unfortunately tainted somewhat by the print’s conditions.
The biggest draw here might be the performances, though. Shin Saburi is pretty excellent, and there aren’t many opportunities to see him in a role where he’s this young but still has a larger role. The same goes for Chishu Ryu, who has a small cameo as a family friend. Kuniko Miyake’s role isn’t large, but her presence further contributes to the similarity with Ozu, as she appeared in a great deal of his work in the 1950s. Her role is ultimately a passive one, with much of the film’s material coming from the professional lives of Fumiko and Keisuke.
Michiko Kuwano is excellent here as Fumiko, laying out the framework for the “modern girl” type that became an important part of post-war Japanese fiction. Her independence is somewhat stunted by her admiration for her brother, and she’s apprehensive in telling him that she’s uninterested in the marriage proposal. She’s aware this might be costly for him, but he ultimately becomes the good guy. He immediately accepts her rejection, which ends in him getting fired. The film concludes with the family being sent off to Manchuria, and Fumiko mentioning that she won’t be courting anyone until her brother is in a comfortable financial position. She feels guilty about her brother being fired, but it hasn’t made her regret her decision to not get married. If anything, it has reinforced her resistance to the institution itself.
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Jack and Diane (2012)
One of the few things wrong with Bradley Rust Gray’s otherwise excellent 2009 feature, The Exploding Girl, is although it’s very grounded and beautifully photographed, it’s a bit too minimalistic for its own good. Not so much in form but certainly in content. While, I agreed it looked exactly like a film that would be a favorite of mine, it didn’t necessarily feel like one. One can’t call his followup too reserved, though. While I’m not quite sure of saying it’s entirely bonkers (there’s a wide range of idiotic IMDb commenters that have already done that for me), it’s definitely not a safe choice.
I intentionally made this a double bill with Ry Russo-Young’s Nobody Walks just because they were both released last year, both superficially “indie” films. In my writeup of that film, I mentioned feeling sort of self-conscious typing up a plot summary. I feel the same here too, but for the opposite reason. Where as that film sounds like there’ s too much going on when put to paper, this one feels like nothing is happening at all. Indeed, it is fairly plotless. Jack meets Diane, and they fall in love almost immediately. Like many great “young love” stories, the film’s driving force doesn’t come from obstacles set up by the narrative, but from the inner narrative of falling in love.
If the last sentence of that paragraph sounds silly, you might want to turn away now. There’s also a story buried deep away within the film’s fabric about werewolves. It’s ridiculous enough to begin with, but how rare it appears makes the film all the more befuddling. The film was always designed as a “werewolf love story” but maybe Gray’s intention was to always market it on the popularity of Twilight (Riley Keough’s resemblance to Kristen Stewart is another hint to this) and only give the audience the smallest amount of fantasy/horror elements as possible. The contributions from the Quay Brothers exist in the same sort of space as the horror content, except their stuff is actually sort of weirdly beautiful. It’s a really small part of the movie, though, and people fascinated by their abstractions should be wary that their work is sort of minor here.
While there is plenty of ridiculous stuff going on, stuff that may or may not be about werewolves, Gray still has the restrained beauty of his previous film. In a way, it fits perfectly with such bizarre flourishes. It’s sort of the American equivalent of the musical interludes in The Wayward Cloud. Perhaps more a accurate comparison from that same film would be the finale, because it is just as uncomfortable yet weirdly romantic to see the protagonists in that film consummate their relationship as it is to see either Jack or Diane turn into a werewolf and harm their lover. It doesn’t make sense at all, and these moments seem to occur outside of the film’s normal time and space, but they aren’t entirely terrible.
I don’t want to spend too much time focusing on Gray’s previous work, since I’d argue that this is his best movie, but it’s important to see where he draws on his past. The performances here are remarkably candid, even though the dialogue of the script itself is (intentionally) vapid. Gray intentionally came to my attention in 2006 with the release of So Yong Kim’s In Between Days, a film he wrote. The coming of age thing was overdone even then, but the freshness of his texts came from the unromantic and more honest depiction of growing up. While he’s operating with a love story here and I would argue that this film is totally romantic, the same honesty is present. It, of course, helps when the performances manage to ring as true as they do here.
Riley Keough, the more impressive of the two leads, has a particularly remarkable scene where she tries to share her (now deceased) brother’s mixtape with Diane. I risk losing any potential viewers by describing the way she struggles to confess her love for Diane in this scene. It’s definitely one of the realest thing I’ve seen in an American film in the past ten years. It feels very unprofessional in a good way (think Paranoid Park, which could serve as an aesthetic companion, as well) and like Gray’s restrained compositions, manage to ground a film that has it’s fair share of fantastical elements, maintaining its realism even in the face of something from another realm.
The film might be a disaster, a beautiful one, but it’s inconsistent implication of genre does make it feel a little unorthodox even as it consciously experimental and arty. I would argue to the people upset by this inconsistency that Gray’s heart seems to be in the right place. The really important parts of the film, the romance between the two protagonists plays out as gentle and poetic, even as the life the characters face seems like the opposite.
Gray makes wonderful use of the Flying Picket’s cover of Yaz’s Only You, which is known to most as the closing song to Wong Kar-Wai’s Fallen Angels. It’s another fit comparison, a film that seems crude because of action/gangster imagery, but is actually one of the most wistful works in all of cinema. Gray’s film operates on a similar level, even as his ends with the song matched to an extended static shot of Diane’s face, the formal opposite of the speed-manipulated, saturated conclusion of Wong’s film. I’m at the risk of being too meta talking about the intertextuality of a song that’s already a cover to begin with, but it’s a perfect point of reference. Gray’s film is a similarly kinetic and crazy love story, even as it is more restrained. Make no mistake, this is still a personal and unique vision, it just uses the same vocabulary as the previously referenced films. It’s a masterpiece on its own.
Nobody Walks (2012)
I’ve tried to stay on the optimistic side of things with Lena Dunham, while obviously acknowledging her inherent flaws as a writer, there’s something that makes both her debut feature, Tiny Furniture and her television show, Girls, very easy to watch even as the actual works might not be all that profound. At the risk of using a film critic cliche, her work is very watchable, but this is not the case for this film, for which she penned the script. I’ll give her credit for trying something serious but her script’s biggest problem might be that characters, none of which are terribly interesting, are all fueled by desires to have sex with people they shouldn’t. It sounds sexy, I guess, but it’s ultimately just a boring film.
Martine comes from New York to Los Angeles to collaborate with Peter on her film. He’s a sound designer and with a huge house at his disposal, finishing the product doesn’t seem to be a problem. The two share an attraction, which is a problem because Peter is happily married to Julie and is busy raising two children, one of which, Kolt, is from Julie’s previous marriage. Kolt is also full of desire, her romantic longings are directed towards David, Peter’s assistant who has an interest in Martine as well.
Here’s a confession: I felt like a complete idiot typing up that plot synopsis. Such a ridiculous outline should make for embarrassingly bad movie, but give Ry Russo-Young some credit, it all unfolds somewhat naturally. It helps that Olivia Thirlby seems to ground such sensational content, giving a performance that is probably too good for something so sleazy. The film never feels like it’s fueled entirely by sex, at least not representing sex, but the problem comes from the fact that every character seems to throw good judgement out the window in order to fulfill a carnal desire. Strike that, only Martine and Peter do that, and while Thirlby’s performance eases the melodramatic burden of the story, John Krasinski’s performance seems to do the exact opposite.
Here’s another example of me wanting to give some part of this film some credit: Krasinski at least tries, but that’s sort of his fault. It’s a little bit harder to show the surface of a crumbling marriage when you’ve been conditioned to make witty comebacks and smirk at a camera for half of your career. There’s a scene towards the end where he has a break down, and the manifestation of his anger is him throwing a bike into his oversized pool. This is nothing but comical, and this is clearly not the intention. He’s left out to dry with such a useless and unlikable character, and he’s not nearly talented enough to salvage some sympathy from him.
The film does benefit from a few stylistic flourishes, mostly the ones used to represent the sound design work Martine does for her film. The film looks nice enough, especially considering almost all of the action is limited to an expensive Hollywood house. This comes back to the film’s biggest problem: who the hell cares about such people? Maybe I’m to blame for watching one too many “social realism” films from Japan, but the film gives us only a short glimpse into these characters’ lives and when we leave them, it feels like a relief. It takes less than an hour for the “overwhelming” sexual tension between Martine and Peter to break and for the two to fuck. Clearly, Peter got over the mental anguish of cheating on his wife with some ease. If that’s the case, why should one bother to care when everything is a mess for him at the film’s end? They shouldn’t.
Genroku Chûshingura / The 47 Ronin (1941)
Mizoguchi is best remembered for his historical and poetic epics. Films like Sansho the Bailiff and Ugetsu have helped shaped his image as a filmmaker whose talents lie in that of his virtuoso camera movements. This wasn’t always the case, though, as for my money, his best work is the less expressive social dramas like Gion bayashi and Sisters of the Gion. By 1940, he was better known for the latter, though the release of Story of Last Chrysanthemums in 1939 was an excellent showcase for his talent with the camera. His next film, this two part epic, seems to have been the most visible shift in his style, taking a well known tale in Japan and making it unrecognizable through his distinct personal vision. It’s an impressive film from a technical standpoint, but it’s lacking in other fields.
Lord Asano seeks Lord Kira of the Shogun court for advice, but because Asano isn’t aware that he’s suppose to bribe Kira beforehand, he isn’t given substantial advice. Upset by Kira’s dismissive attitude, he attacks him, which ends up with Kira being wounded. The attempt at murder, especially against such a high-ranking official as Kira, within the court is punishable by an order to commit suicide. Asano’s retainers, following the protocol of bushido and general loyalty, attempt to seek vengeance against Kira. They are surprised to find that their cause is actually supported and condoned within the system, even as those supporting individuals cannot publicly express this.
There is an awhile lot of subtext in this story, and it would be wise for one to familiarize themselves with the story of the 47 Ronin. Additionally, the film’s production could also use some context. The intentions of adapting the story was definitely nationalistic, even as the end product might not have shown such a stance (more on this later) and while part one lost an enormous amount of money, the Shochiku company was pressured by the military to distribute part two. This was brought on by Shochiku’s notable lack of national policy films at the time. This seems like a lot of red tape I’m going through without even getting to the meat of the film, but it’s important. While Seika Mayama’s adaptation of the story (which Mizouchi’s films is based on) is fairly revisionist, it was still seen as a suitable source of national pride.
The film doesn’t flow in the convincing manner that the military probably wanted, and one can’t help but think that Mizoguchi might have intentionally signed on to the project to subvert the tale. While this film, because of its length, might be too difficult for a beginner, it is a very accurate representation of Mizoguchi’s stylistic flourishes. The entire film, with the exception of some dull dialogue-driven scenes, seems to be based around elaborate tracking and crane shots. It’s fairly impressive, especially when the film’s set (designed by future filmmaker Kaneto Shindo) were constructed specifically to fit the movements of the camera.
It’s easy to underestimate Mizoguchi’s wizardry here. There’s two or three sequences here in particularly of such great beauty, that it isn’t difficult to divorce them from the film’s context. This feels necessary since the film’s context, the actual narrative that is, is not particularly exciting. Apparently, Mizoguchi cut several dialogue-driven scenes from Mayama’s source because he didn’t feel comfortable working with such expository sequences. I’m not one to criticize a filmmaker for what they left in, but there are several fairly long stretches in this film that revolve around conversations that serve just to forward the plot, which is bizarre enough considering how slowly the story unfolds. It seems that the dialogue necessary to tell such a story mostly just tripped up Mizoguchi and prevented him from making a film conceived entirely out of long tracking shots.
The film was intended to evoke bushido, “the way of the warrior” in the public and thus, remind them of their country’s military that they needed to support. One can’t blame Mizoguchi for wanting to ignore the military’s intentions for the film, but his disinterest doesn’t exactly subvert the theme of loyalty. As is the case, this film is technically dazzling but ideologically, at its best, it’s convoluted. One could argue it’s downright detestable, but that might be going too far. Shochiku had to make this movie or the military would have shut them down. It’s odd, though, because the film itself almost made the company go out of business with all the money it lost. A fascinating film, none the less, that’s a must for any Mizoguchi fan, but not one that should be a priority for anyone trying to familiarize themselves with the director.
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Auditorium - Friday 28 Feb 2020, 15:15
Clint Eastwood returns behind the camera with this true story about an American security guard Richard Jewell (Paul Walter Hauser) who saves thousands of lives from an exploding bomb at the 1996 Olympics, but is vilified by journalists and the press who falsely reported that he was a terrorist.
This is a story of what happens when what is reported as fact obscures the truth. "There is a bomb in Centennial Park." The world is first introduced to Jewell as the security guard who reports finding the device at the 1996 Atlanta Olympics - his report making him a hero whose swift actions save countless lives. But within days, the law enforcement wannabe becomes the FBI's number one suspect, vilified by press and public alike, his life ripped apart. The supporting cast includes Sam Rockwell, Olivia Wilde and Jon Hamm.
USA 2019 Clint Eastwood 131m
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Welcome New Board Members
ANTHONY ESCOBAR is a singer, actor, and producer living in New York City. He most recently performed in Melange A Trois, a cabaret
at The Duplex Theater in December 2008. He has worked on several independent films in New York and was a voice-over character for
playwright/novelist Jessica Hagedorn’s animated series “The Pink Palace” which aired on the Oxygen Network. Originally from Chicago,
Anthony moved to New York City in 1993 to attend NYU and received his degree in English. He has studied acting with HB Studios,
Stuart Rogers, and The Atlantic Theater Company Acting School. In addition to his acting career, Anthony is the Director of Development
Planning and Administration at the Polytechnic Institute of NYU. Formerly, he worked for a literacy foundation as well as the Asian/
Pacific/American Studies Program and Institute at NYU.
MARYSOL ASENCIO is an Associate Professor at the University of Connecticut-Storrs with a joint appointment in Human Development
and Family Studies and Puerto Rican and Latino Studies. Her research interests involve: Latina/os sexualities; gender; race/ethnicity; migration/
transnationalism; sexual and reproductive health; health disparities; social inequities; and qualitative research methods. She is part of
the founding/executive board for CLARO (Connecticut Latina/os Achieving Rights and Opportunities) which is an emerging social justice
group for Latina/o gender/sexual minorities and their allies. She also serves on the International Editorial Board of the journal, Sexuality
Research and Social Policy. She was a 2003 Social Science Research Foundation-Sexuality Research-post-doctoral fellow.
Dr. Asencio’s research and scholarship has been funded by local, national, and federal agencies and foundations including the Anthony
Marchionne Foundation and the Neag Cancer Center at UConn for her current study on gay men and prostate cancer. She has also been internally
and externally funded for her recent research on migrant Puerto Rican sexual minorities. She has authored a book, Sex and Sexuality
among New York’s Puerto Rican Youth (2002) as well as articles on Latina/os and/or sexuality. Her most recent articles include co-authorship
of “Migration, Gender Conformity, and Social Mobility among Puerto Rican Sexual Minorities in Sexuality Research and Social Policy” (in
Press), “Prostate Health and Gay Men in the Journal of GLBT Family Studies” (in Press), “Introduction to Mapping Latina/o Sexualities
Research and Scholarship in the volume Latina/o Sexualities: Probing Powers, Passions, Practices” (in Press), and “Feminism and Gender
Equity in a Low-Income Puerto Rican Stateside Community: From Academics to Practice in Guidance & Counselling” (2006).
Dr. Asencio directed a Ford Foundation-funded research project examining Latina/o sexualities. She is the editor of the forthcoming volume,
Latina/o Sexualities: Probing Powers, Passions, Practices and Policies, which is one of the outcomes of that project. She was also an organizer of
Race/Sex/Power: New Movements in Black and Latina/o Sexualities – a national conference recently held in Chicago, IL.
Previous post: News from CLAGS
Next post: QUEERaganza: CLAGS AT Stonewall
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Boyd, Watkins Named ACC Players of the Week
GREENSBORO, NC – The Clemson quarterback-receiver duo of Tajh Boyd and Sammy Watkins has earned Atlantic Coast Conference football weekly honors, and Boston College offensive tackle Ian White and linebacker Kevin Pierre-Louis were also among the eight student-athletes cited by the league on Monday. Boyd was named the ACC Offensive Back of the Week after throwing for 377 yards with three touchdowns and running for another in Clemson’s conference road win at Virginia. Watkins, who hauled in eight catches for 169 yards and a pair of touchdowns, was cited as the ACC Receiver of the Week. Boyd and Watkins connected on a 96-yard touchdown pass in the third period, the second longest offensive play in Clemson history. White, whose blocking helped pave the way for a strong rushing attack in Boston College’s win over Virginia Tech, was named the ACC Offensive Lineman of the Week. Pierre-Louis, who recorded eight tackles and returned an interception for a tie-breaking touchdown, earned ACC Linebacker of the Week honors. Other honorees included Pitt’s Aaron Donald as ACC Defensive Lineman of the Week, Georgia Tech’s Jemea Thomas as ACC Defensive Back of the Week, Virginia Tech’s Cody Journell as ACC Specialist of the Week and Florida State’s Jameis Winston as ACC Rookie of the Week. The Rookie of the Week honor is the sixth of the season for Winston, matching former North Carolina quarterback Darian Durant (2001) for third-most all-time. Former NC State quarterback Philip Rivers (2000) and Virginia Tech running back Ryan Williams (2009) were each named seven times, the most since the award began in 1970. Clemson’s Watkins was named ACC Receiver of the Week for the second consecutive week and for the third time this season. Boyd also received his third ACC Offensive Back of the Week honor of the year. Georgia Tech’s Thomas was recognized for the second straight week after being named ACC Co-Defensive Back of the Week seven days ago. Boston College’s Pierre-Louis and Virginia Tech’s Journell were also honored for the second time each this season.OFFENSIVE BACK – Tajh Boyd, Clemson, Sr.-R, QB, 6-1, 225, Hampton, Va.Boyd completed 24 of 29 passes for 377 yards and three touchdowns to lead Clemson to a 59-10 win at Virginia. He finished the day with an efficiency rating of 219.1 while averaging 13 yards per pass attempt and playing just the first 34 minutes of the game. He completed two scoring passes to Sammy Watkins, one a 96-yarder on his last pass of the day, that gave Clemson a 42-7 lead in the third period. Boyd established the ACC career touchdown responsibility record with his three passing and one rushing touchdowns in Saturday’s game. He now has had a hand in 116 career touchdowns (93 passing and 23 rushing).
RECEIVER – Sammy Watkins, Clemson, Jr, WR, 6-1, 205, Fort Myers, Fla.Watkins had another record-setting day with eight catches for 169 yards and two touchdowns in Saturday’s win at Virginia. It marked Watkins’ 13th career 100-yard receiving day, breaking the school record of 12 previously held by former teammate DeAndre Hopkins. It was Watkins'[ sixth 100-yard receiving game of the year. Watkins had a 33-yard scoring reception from Tajh Boyd in the first quarter on Clemson’s first possession of the game. He then caught a 96-yard scoring pass from Boyd on the first possession of the second half, Watkins’ second reception of at least 90 yards this season. Watkins is the only receiver in college football with a pair of 90-yard scoring receptions in 2013. Saturday’s big play was the longest pass reception on the road in Clemson history.
OFFENSIVE LINEMAN – Ian White, Boston College, Sr.-R, RT, 6-5, 303, Conway, N.H.White was a key component of an offensive line that did not allow a sack and allowed Boston College to rush 42 times for 196 yards in a 34-27 home win over Virginia Tech on Saturday. White helped block and seal the right side for running back Andre Williams on his season-long 62-yard touchdown run that lifted the Eagles to a two-touchdown lead – at 34-20 – with 4:35 left in the game. The team’s 196 yards on the ground marked the highest rushing total by any opponent against Virginia Tech this season. White and the offensive line allowed a net loss of only five rushing yards in the game. DEFENSIVE LINEMAN – Aaron Donald, Sr., Pitt, DT, 6-0, 275, Pittsburgh, Pa. Donald recorded 11 tackles (all solo), including six tackles for loss in Saturday night’s 21-10 ACC road loss at Georgia Tech. Donald’s big night included a quarterback sack and two forced fumbles, and his six tackles for lost yardage are the most recorded by an FBS defender this season. Donald currently ranks first nationally in tackles for loss per game (2.4), quarterback sacks per game (1.1), and 12th in forced fumbles per game (0.38). He also leads all active players nationally in career quarterback sacks with 27.5. LINEBACKER – Kevin Pierre-Louis, Boston College, Sr., LB, 6-1, 215, Norwalk, Conn.Pierre-Louis recorded a game-high eight solo tackles and picked off a Virginia Tech pass and returned it 33 yards for a touchdown to lift Boston College to a 27-20 lead with seven minutes to play in the fourth quarter of Saturday’s eventual 34-27 ACC win. The interception marked the first of Pierre-Louis’ 39-game career. Pierre-Louis matched a single-game season high with his eight solo tackles. The senior linebacker currently ranks second in the ACC with 73 total tackles (9.1 per game). DEFENSIVE BACK -Jemea Thomas, Georgia Tech, Sr.-R., S, 5-10, 195, Queensland, Ga.Thomas had a team-best six solo tackles, a tackle for loss, a pass break-up and his eighth career interception in Saturday’s 21-10 win over Pittsburgh. Thomas, who has 21 tackles over the last two games combined, sealed the victory when he came up with his interception at the Pitt 4-yard line with less than a minute to play. SPECIALIST – Cody Journell, Virginia Tech, Sr.-R, PK, 6-0, 195, Ripplemead, Va.A week after struggling, Journell bounced back with a solid performance in Virginia Tech’s 34-27 road loss at Boston College. Journell ended the first half with a 56-yard field goal, 8 yards longer than his career long, to give the Hokies the lead. The field goal was the longest in the ACC season tied three other kickers nationally for the longest in the FBS this season. He later nailed a 47-yarder in addition to three extra points. ROOKIE – Jameis Winston, Florida State, Fr.-R, QB, 6-4, 225, Bessemer, Ala.Winston recorded his fifth 300-yard passing game of the season (325 yards) in leading Florida State past No. 7 Miami, 41-14, on Saturday night. Winston completed 12 of 14 passes in the second half as Florida State outscored Miami 20-0 in the final two quarters to pull away. With Winston leading the way, the Seminoles have opened the season by scoring 40 or more points in a school-record eight straight games.
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Spring Game Notebook
Postgame audio clips:
Coach Bowden
Matt Schell
CLEMSON, S.C. — Woodrow Dantzler gained 262 yards in total offense and accounted for two touchdowns, and defensive players J.J. Howard and Alex Ardley both scored touchdowns to highlight action at Clemson’s Spring Game on Saturday. The Orange (offensive team) defeated the White team (defense) 37-12 in the four quarter game that featured 149 plays, 91 passes and 58 rushes.
The game concluded spring practice for Tommy Bowden’s team. The Tigers open the season September 2 against The Citadel at Clemson Memorial Stadium. An estimated crowd of 18,000 attended the game, second highest ever for a Clemson spring game. Last year 16,500 Clemson fans attended the contest.
Dantzler completed 22-34 passes for 237 yards and a score. The rising junior, who will enter August as Clemson’s number-one quarterback, also rushed 10 times for 25 yards. He scored on a four-yard rush and also completed a 25-yard touchdown pass to Joe Don Reames.
Dantzler was not the only offensive star of the game. Matt Schell completed 10-18 passes for 187 yards and two touchdowns. The rising sophomore completed a nine-yard scoring pass to Marvis Jenkins and a 42-yarder to J.J. McKelvey in the second quarter. Schell also gained 12 yards in two rushes in his finest performance in Death Valley.
Red-shirt freshman Willie Simmons, troubled by a sprained ankle most of the spring, hit on 13-34 passes for 82 yards and was intercepted twice. Dantzler led the offense on four scoring drives, two touchdowns and two field goals. Schell led the offense on three scoring drives, two touchdowns and one field goal.
The receivers were led by freshman Kevin Youngblood. The native of Jacksonville, FL caught six passes for 83 yards. Rod Gardner, who like Youngblood attended Raines High School in Jacksonville, had 4-57 receiving. Mike Seth, a rising senior from Sumter, had a good day with five catches for 46 yards.
J.J. McKelvey, who was a linebacker last year, had a productive day with four catches for 77 yards and a touchdown. Walk-on Marvis Jenkins had 4-43 receiving and a touchdown. Sixteen different receivers caught 46 passes for 541 yards in the action.
Clemson did rush the ball 58 times in the scrimmage. Bernard Rambert was the top ground gainer with 10-67. Travis Zachery, Clemson’s top rusher last year with 820 yards, had 7-28 and also caught three passes for 21 yards. Zachery has missed most of the spring with a shoulder injury. Dantzler had the only rushing touchdown on a four-yard run, the first score of the day.
The defense was not devoid of stars who made big plays. Nick Eason was among the top players with five first hits and three passes broken up. The rising sophomore also had a sack. J.J. Howard played sparingly, but had two quarterback sacks and also returned a fumble 30 yards for a score.
Clemson defenders had four interceptions and 11 tackles for loss. Marcus Houskin and Chad Carson were the top tacklers in the game with eight apiece, while Charles Hafley had seven. Terry Jolly, second-team All-ACC player a year ago, had six tackles to lead the defensive linemen.
Interceptions were turned in by Tore Francis, who also had five tackles and a pass broken up, Alex Ardley and Willie Simmons pass 43 yards for a touchdown, the last score of the day.
Clemson also had a good day in terms of field goals. Tony Lazzara made his only attempt, an 18-yarder, and also was 2-2 on extra points. Bo Charpia had a pair of field goals, 29 and 23 yards, and also made both of his extra points.
“Offensively, Matt Schell played very well today,” said Bowden. “Schell doesn’t want to be number-three, Willie Simmons doesn’t want to be number-two and Woodrow Dantzler doesn’t want to give up that starting job, so we have a healthy situation at quarterback coming out of spring practice. Woodrow has gotten much more comfortable in this offense this spring. He has made a lot of progress since the Peach Bowl.
“The offensive line did not play well today, they were charged with seven penalties. But, over the spring, I think the offensive line has made progress, they are a lot tougher and stronger since the Mississippi State game. They weren’t sharp today, but they have made improvement. We had the opportunity to evaluate a lot offensive lineman this spring and that was good.
“Defensively, we were pretty bland, we didn’t do a lot of blitzing or use any nickel packages, so that is one of the reasons the offense moved the ball today so well. ” The Clemson defense played without injured All-America candidates Robert Carswell.
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Mesothelioma Health Network
About the CMF
CMF Privacy Policy
À propos du FCM
CMF Educational Funds
Our Scientific Advisory Committee
The Canadian Mesothelioma Foundation was founded to serve three broad groups of people: patients and their families, healthcare professionals, and those who are concerned with and who advocate for policies around mesothelioma and asbestos.
Patients, Friends and Families
The CMF was founded by people whose lives have been personally affected by mesothelioma, and as such is mandated to act as an advocate for mesothelioma patients on multiple issues related to the disease. The CMF's goal is to further the standards of mesothelioma treatment in Canada, provide information regarding treatment options, and lay the groundwork for a nationwide support network for patients, connecting patients with already existing support networks in Canada, as well as with centres with specific expertise in mesothelioma in the United States.
The CMF provides a professional support network for health professionals who deal with mesothelioma, providing crucial information to primary care specialists who encounter mesothelioma in their practice. In addition, the CMF will initiate and expand already existing programs in tertiary care that pertain specifically to treatment of mesothelioma. The CMF welcomes the participation of oncologists, radiologists, surgeons, radiation oncologists, and other Canadian health professionals who have an interest in mesothelioma and see many cases in their practice. The CMF is working to organize a cohesive, nationwide network of health professionals who treat mesothelioma, as well as raise funds to support clinical and scientific research in the field.
People Engaged in Advocacy, Policy, and Work Related to Mesothelioma and Asbestos
The CMF is also mandated to act as a resource for anyone working with asbestos and having to deal with the related health consequences. This includes labour unions whose workers are exposed to asbestos, legislators concerned with passing laws regarding asbestos mining and export, and a multitude of other professionals who are affected by asbestos and mesothelioma in their work.
For further information, please see our brochure attached below.
Pour la version francaise, cliquez ici
CMF Brochure.pdf484.72 KB
4302-50 Yorkville Ave.
info@cmfonline.org
By fax:
By cell:
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Plans in place for Queen’s birthday celebration
CNS Editor | 26/05/2019 | 1 Comment
Parade during 2018 birthday celebration
(CNS Local Life): Public celebration of the Queen’s 93rd birthday is set for Saturday, 8 June in front of the Legislative Assembly with an after-event garden party on the lawns of Government House. The public holiday for the event will be on the following Monday, 10 June.
Chief of Protocol and event organiser, Meloney Syms, explained that although Queen Elizabeth II was born on 21 April, “it has long been the tradition to celebrate the Sovereign’s official birthday in the summer”.
This year, more than 140 uniformed services personnel and youth organisations will participate in the parade, marching from Central Police Station, George Town, stated a press release.
Among these will be representatives from the Veterans Association, Royal Cayman Islands Police Service (RCIPS), the Cayman Islands Fire Service and Her Majesty’s Cayman Islands Prison Service (HMCIPS). Additionally, youth organisations such as the Girls Brigade, the Scouts and the Cadet Corps will take part, all joined by some 25 musicians from the RCIPS Band.
The ceremony starts at 9am, with everyone attending expected to be in place between 8:30am and 8:45am. The programme will also include presentation of honours including to the Duke of Edinburgh programme youth recipients.
“I invite everyone to attend and watch the colourful procession and distinguished proceedings,” Syms said. “We have scheduled a couple of surprises this year.”
which will also include the inspection of a Guard of Honour by Governor Martyn Roper. This will be the first time he will be attending the Queen’s Birthday celebrations in the Cayman Islands.
The celebrations will also include the traditional cheers and 21-gun salute to the Queen.
Water stations manned by volunteers will be set up around the parade area, with the Red Cross on hand to provide first-aid assistance as needed, Syms said.
Following these celebrations, at 10:15am, the governor will host his first official Queen’s Birthday Garden Party on the lawns of Government House.
“I hope members of the public will come out and enjoy all the celebrations as we join to offer our collective wishes for Her Majesty’s continued good health and longevity on her official birthday,” Syms added.
Tags: Queen's birthday
Category: Events, Local News
Date conscious says:
Saturday is 8 June and not 9 June
CNS: Thank you! The date has now been corrected.
« Teen Panel addresses stress and anxiety
Can an expat seaman live permanently in Cayman? »
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unknown artist, View of the Office of Ordnance with the Entrance of the House of Lords
unknown artist, View of the Office of Ordnance with the Entrance of the House of Lords, Yale Center for British Art; Gift of Prof. William H. Dunham Jr., B1982.31.67
View of the Office of Ordnance with the Entrance of the House of Lords
Sheet: 7 1/2 x 5 1/8in. (19.1 x 13cm)
Yale Center for British Art; Gift of Prof. William H. Dunham Jr.
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Thought Leadership / Journal / Our Comments to the SEC on the CEO/Worker Pay Ratio Rule
Our Comments to the SEC on the CEO/Worker Pay Ratio Rule
Governance (G), Leadership & Learning, Regulation, United States & Canada
Erika Karp at Impact Capitalism Summit
Accountability and Action on the Slate? Corporate Governance in This Activist Age
It’s Time to End Sexual and Gender-Based Violence
Tackling Board Diversity: Turnover a Key Ingredient
Today we contributed our opinion to the SEC regarding its move to reconsider the Pay Ratio Rule, which would require corporations to disclose the gap between CEO compensation and “median” worker pay. We reprint our letter below.
Dear Acting Chairman Piwowar:
Cornerstone Capital Inc. (“Cornerstone”) appreciates and welcomes the opportunity to submit comments in response to the Commission’s reconsideration of the Pay Ratio Rule (Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act).
Founded in 2013, Cornerstone is a financial services firm based in New York. The mission of the firm is to apply the principles of sustainable finance across the capital markets, enhancing investment processes through transparency and collaboration. In offering investment consulting and advising, investment banking, and strategic consulting services, Cornerstone works with asset owners, corporations and financial institutions, promoting new research in the field of Environmental, Social and Governance (ESG) analysis, and facilitating capital introductions for organizations around the world engaged in sustainable business practices.
The Commission has received numerous submissions in the years since this measure was initially passed by Congress outlining the rule’s potential benefits and costs. Reviewing this correspondence, we observe that investor groups have identified substantial material benefit, while representatives of issuers have raised concerns about whether they would be able to provide meaningful information in a cost-effective manner.
As an advisor both to corporations and investors, we would encourage a decision to go forward with the rule as mandated in the statute. Nevertheless, the Commission should take heed of the concerns of issuers that disclosures provide shareholders with accurate and reliable information.
Because our investor clients seek to invest for the long term, we have a strong interest in urging corporate disclosures that enable investors to evaluate risks and make decisions that will affect the long-term health of our clients’ portfolios. Our corporate clients believe that meaningful disclosure that communicates how they are managing environmental, social and governance matters helps them to attract long-term capital.
As a matter of good corporate governance, we believe that corporate disclosures should provide holistic information about the compensation strategies. As Charles Elison and Craig Ferrere have pointed out[1], current disclosure requirements focus entirely on executive compensation, ignoring the company’s governance strategy for compensation throughout the firm. Peer group comparisons provide useful but limited context for understanding CEO pay, since no two firms’ strategy or business model is perfectly comparable. Peer group comparisons also reinforce the notion that CEO pay should be treated as distinct from other forms of compensation, and may place upward pressure on pay levels.
By providing intra-firm context, pay ratio disclosure will shed light on the role compensation plays generally in its human capital strategy, including the strategic importance of top management relative to the rest of the firm’s talent. A consistent body of research has determined that compensation strategy has implications for firm strategy, talent retention and employee engagement. For example, Cornerstone Capital Group has published research demonstrating that quick serve restaurants that invest in both technology and human capital may enjoy higher margins and profitability.[2]
We are sympathetic to concerns that such issues as outsourcing, foreign employment and part-time and seasonal workers may impact pay ratio figures. However, methodological choices may have a material impact on any accounting metric, and financial data may not be meaningful without context. Narrative descriptions accompanying pay ratio disclosures will help to provide necessary context to understanding these figures. Investors will find these disclosures particularly useful in comparison to other companies or as a measure of change over time.
We appreciate that for particularly large global companies, finding the “median” worker may be difficult. Nevertheless, statistical sampling techniques can be employed to reduce the burden of this research.[3] Therefore, we are not supportive of allowing companies to exclude workers from the sample, which may distort the pay ratio and creates a moral hazard to manipulate the figures.
We are also sympathetic to the concern that the “median” worker is only one data point and may not fully represent the company’s human capital strategy. While we believe that the current disclosure represents a meaningful step forward, we recommend that the Commission also require companies to disclose total payroll, which will allow investors a fuller picture of the company’s compensation strategy, without creating additional substantial burden on companies.
We appreciate the opportunity to provide these comments and urge the Commission to move forward with final rulemaking on Section 953(b).
John K.S. Wilson
Head of Corporate Governance, Engagement and Research
Cornerstone Capital Inc.
[1] https://www.sec.gov/comments/s7-07-13/s70713-582.pdf
[2] The Economics of Automation: Quick Serve Restaurant Industry, by Michael Shavel and Andy Zheng, March 2015 /2015/03/the-economics-of-automation-in-the-quick-serve-industry/
[3] https://www.sec.gov/comments/s7-07-13/s70713-1561.pdf
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Florida IHME Projections
Florida IHME
Florida Vaccine Data
The Institute for Health Metrics and Evaluation, known as IHME, is a health research center based at the University of Washington. The IHME publishes projections based on their proprietary algorithms to predict the fatality rate for the Coronavirus (COVID-19) Pandemic in Florida. We are providing this information as one more source of data to keep you informed and make no representations regarding the accuracy of these projections.
IHME Projections for Florida Fatalities
Source: http://www.healthdata.org
We are providing this information only to reinforce the need to maintain social distancing. It's important to understand the risk as projected by IHME.
Florida is reporting 24,004 COVID-19 related fatalities.
Projection Dates
03/19/2020 9 9 8 9 9 9 9 9 9 9
03/20/2020 10 10 10 10 10 10 10 10 10 10
04/01/2020 102 87 104 87 87 87 87 87 87 87
04/02/2020 121 164 127 164 164 164 164 164 164 164
04/18/2020 1048 754 735 748 748 748 748 748 748 748
04/24/2020 1804 993 1001 1046 1046 1046 1046 1046 1046 1046
04/25/2020 1952 1028 1043 1055 1055 1055 1055 1055 1055 1055
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State of Florida Health Website
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Lake Forest to pay off employee pension costs
CORPaTH2015-11-24T00:27:43-08:00November 24th, 2015|Categories: Pension Reform|Tags: CalPERS, lake forest|
Fully funding CalPERS will save the city $5.9 million over a 30-year period.
The City Council has voted to pay off its unfunded employee pension liability, saving the city $5.9 million in interest over a 30-year period.”It’s a nearly $6 million savings over the next 30 years,” said Keith Neves, the city’s director of finance. “It would be like paying off your mortgage early.” The council authorized a payment of $3.7 million to the California Public Employees Retirement System, which the city contracts to provide pension benefits for its retirees.
Neves said the payment shouldn’t have a significant impact on city funds because the city’s reserve policy is still fully funded, and the unrestricted general fund balance will be roughly $17.5 million.”
We’re a little lucky here,” Neves said. “We have a lot of one-time money that came in from development, so we’re paying off our liabilities with that one-time money.”
The council also approved a second recommendation of depositing $1 million into a trust for future changes in assumptions by CalPERS.
The assessment of the city’s unfunded liability can change year to year. If it does, the trust is there to to pay off any new unfunded liability or premiums.
According to a city staff report, CalPERS determines a percentage rate of regular salary required to fund earned pension benefits each year. If the total amount of contributions is less than the total forecast cost of earned pension benefits, the difference represents an “unfunded actuarial accrued liability.”
The city’s unfunded liability as of Aug. 31 was $3.7 million, amortized over a closed, 30-year period. Members of the council hailed the decision as an achievement for the city of Lake Forest.
“Paying off Lake Forest’s unfunded pension liability really is a monumental achievement,” said Councilman Andrew Hamilton. “This really is a unique situation to have both our other post employment benefits and our pension liabilities paid off.”
Source: Orange County Register
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Pensions Schemes Bill introduced to House of Lords
GOP Leaders’ Pension Proposal is a Tax on Retirees
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Kansas City, Missouri- Truck Collision with Tour Bus Settles for $4.5 Million
By Jeff LoweApril 12, 2007July 17th, 2019Highway Safety, Verdicts and Settlements
On July 13, 2005, a truck and a tour bus carrying members of Eminem’s Anger Management 3 Tour collided on Westbound I-70 near Odessa, Missouri in Lafayette County. Four passengers on the bus were injured along with the truck driver and his wife who was a passenger in the tractor trailer.
The tour bus was driven by Charles Dilligard of Entertainment Coaches of America and was traveling from Chicago, Illinois to Denver, Colorado for the next show in the Anger Management 3 Tour. The truck was in the left lane when the tour bus approached the truck quickly from behind. The bus driver, swerved right to avoid rear-ending the tractor trailer and then over-corrected to the left to avoid a guardrail, and collided with the truck. The truck went through the grassy median and cable divider and crossed both lanes of eastbound I-70 before ending up on the shoulder of the east bound I-70.
Plaintiffs alleged that the bus driver Charles Dilligard was fatigued and exceeded the number of hours for allowed by federal law for commercial bus drivers. It was also claimed that the bus was speeding which as verified by various witnesses who estimated that the bus was traveling in excess of 85 miles an hour. This was also substantiated by the investigating police officers.
The bus driver denied that he was speeding and claimed that the collision was caused because the truck driver was going too slowly in the left lane and that the truck driver had pulled out from a rest area and changed into the fast lane while he was going too slow. This allegation by Dilligard was contradicted by evidence from the truck’s black box recorder indicating that the truck was going 68 miles an hour when the tour bus approached from behind.
Tina Wyngarden suffered a cervical fracture, spinal trauma, a C5-C6 cervical discectomy with fusion, nerve damage, headaches and other injuries. Her medical expenses were in excess of $105,000. Alan Mamon, Eminem’s disc jockey for the tour, suffered a lacerated liver, collapsed lung, as well as multiple rib fractured, and his medical expenses were in excess of $38,000 and he had lost wages of $42,000. Neil Mamon, who worked as Alan’s business manager, suffered a C7 fracture, cervical fusion, vertebral displacement at C5-C6. puncture wound on his leg, nerve damage as well as other injuries. Joseph Fendrick suffered internal injuries, a right humerus fracture, right clavicle fracture, left ankle fracture, closed head injury, double hernia, a deep vein thrombosis, all of which resulted with a permanent limp and unsteady gait, with medical expenses exceeding $197,000. Finally Robert Haddoni suffered a herniated disc C5-6, closed head injury, positional vertigo, and damage to both inner ears, his medical expenses were in excess of $38,000.
In January 2007, all of the claims were settled for the remaining policy limits on the policy maintained by ECA for approximately $4,500,000.00.
Highway SafetyUncategorized
Staying Safe on Snowy & Icy Winter Roads
Jeff LoweJanuary 19, 2015
Highway SafetyTraffic Safety
Safe Travels During the Holidays
Jeff LoweNovember 27, 2014
Trucking AccidentsVerdicts and Settlements
What Damages Are Recoverable In A Case Involving Trucking-Accident Injury Or Death
Jeff LoweOctober 29, 2013
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MISSOURI v. JENKINS
MISSOURI v. JENKINS(1995)
[ Footnote * ] Page I Together with Missouri et al. v. Jenkins et al., also on certiorari to the same court (see this Court's Rule 12.2).
In this 18-year-old school desegregation litigation, see, e.g., Missouri v. Jenkins, 495 U.S. 33 , Missouri challenges the District Court's orders requiring the State (1) to fund salary increases for virtually all instructional and noninstructional staff within the Kansas City, Missouri, School District (KCMSD), and (2) to continue to fund remedial "quality education" programs because student achievement levels were still "at or below national norms at many grade levels." In affirming the orders, the Court of Appeals rejected the State's argument that the salary increases exceeded the District Court's remedial authority because they did not directly address and relate to the State's constitutional violation: its operation, prior to 1954, of a segregated school system within the KCMSD. The Court of Appeals observed, inter alia, that the increases were designed to eliminate the vestiges of state-imposed segregation by improving the "desegregative attractiveness" of the district and by reversing "white flight" to the suburbs. The Court of Appeals also approved the District Court's "implici[t]" rejection of the State's request for a determination of partial unitary status, under Freeman v. Pitts, 503 U.S. 467, 491 , with respect to the existing quality education programs.
1. Respondents' arguments that the State may no longer challenge the District Court's desegregation remedy and that, in any event, the propriety of the remedy is not before this Court are Page II rejected. Because, in Jenkins, 495 U.S., at 37 , certiorari was granted to review the manner in which this remedy was funded, but denied as to the State's challenge to review the remedial order's scope, this Court resisted the State's efforts to challenge such scope and, thus, neither approved nor disapproved the Court of Appeals' conclusion that the remedy was proper, see, e.g., id., at 53. Here, however, the State has challenged the District Court's approval of across-the-board salary increases as beyond its remedial authority. Because an analysis of the permissible scope of that authority is necessary for a proper determination of whether the salary increases exceed such authority, a challenge to the scope of the remedy is fairly included in the question presented for review. See this Court's Rule 14.1 and, e.g., Procunier v. Navarette, 434 U.S. 555, 560 , n. 6. Pp. 12-14.
2. The challenged orders are beyond the District Court's remedial authority. Pp. 14-32.
(a) Although a District Court necessarily has discretion to fashion a remedy for a school district unconstitutionally segregated in law, such remedial power is not unlimited and may not be extended to purposes beyond the elimination of racial discrimination in public schools. Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1, 22 -23. Proper analysis of the orders challenged here must rest upon their serving as proper means to the end of restoring the victims of discriminatory conduct to the position they would have occupied absent that conduct, see, e.g., Milliken v. Bradley, 418 U.S. 717, 746 , and their eventual restoration of state and local authorities to the control of a school system that is operating in compliance with the Constitution, see, e.g., Freeman, 503 U.S., at 489 . The factors which must inform a court's discretion in ordering complete or partial relief from a desegregation decree are: (1) whether there has been compliance with the decree in those aspects of the school system where federal supervision is to be withdrawn; (2) whether retention of judicial control is necessary or practicable to achieve compliance in other facets of the system; and (3) whether the district has demonstrated to the public and to the parents and students of the once disfavored race its good-faith commitment to the whole of the decree and to those statutes and constitutional provisions that were the predicate for judicial intervention in the first place. Id., at 491. The ultimate inquiry is whether the constitutional violator has complied in good faith with the decree since it was entered, and whether the vestiges of discrimination have been eliminated to the extent practicable. Id., at 492. Pp. 14-18.
(b) The order approving salary increases, which was grounded in improving the "desegregative attractiveness" of the KCMSD, Page III exceeds the District Court's admittedly broad discretion. The order should have sought to eliminate to the extent practicable the vestiges of prior de jure segregation within the KCMSD: a system-wide reduction in student achievement and the existence of 25 racially identifiable schools with a population of over 90% black students. Instead, the District Court created a magnet district of the KCMSD in order to attract nonminority students from the surrounding suburban school districts and to redistribute them within the KCMSD schools. This interdistrict goal is beyond the scope of the intradistrict violation identified by the District Court. See, e.g., Milliken, supra, at 746-747. Indeed, the District Court has found, and the Court of Appeals has affirmed, that the case involved no interdistrict violation that would support interdistrict relief. See, e.g., Jenkins, supra, at 37, n. 3. The District Court has devised a remedy to accomplish indirectly what it admittedly lacks the remedial authority to mandate directly: the interdistrict transfer of students. See Milliken, 418 U.S., at 745 . The record does not support the District Court's reliance on "white flight" as a justification for a permissible expansion of its intradistrict remedial authority through its pursuit of desegregative attractiveness. See, e.g., id., at 746. Moreover, that pursuit cannot be reconciled with this Court's decisions placing limitations on a district court's remedial authority. See, e.g., ibid. Nor are there appropriate limits to the duration of the District Court's involvement. See, e.g., Freeman, supra, at 489. Thus, the District Court's pursuit of the goal of "desegregative attractiveness" results in too many imponderables and is too far removed from the task of eliminating the racial identifiability of the schools within the KCMSD. Pp. 18-29.
(c) Similarly, the order requiring the State to continue to fund the quality education programs cannot be sustained. Whether or not KCMSD student achievement levels are still "at or below national norms at many grade levels" clearly is not the appropriate test for deciding whether a previously segregated district has achieved partially unitary status. The District Court should sharply limit, if not dispense with, its reliance on this factor in reconsidering its order, and should instead apply the three-part Freeman test. It should bear in mind that the State's role with respect to the quality education programs has been limited to the funding, not the implementation, of those programs; that many of the goals of the quality education plan already have been attained; and that its end purpose is not only to remedy the violation to the extent practicable, but also to restore control to state and local authorities. Pp. 29-32.
11 F.3d 755 (first case) and 13 F.3d 1170 (second case), reversed. Page IV
REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. O'CONNOR, J., and THOMAS, J., filed concurring opinions. SOUTER, J., filed a dissenting opinion, in which STEVENS, GINSBURG, and BREYER, JJ., joined. GINSBURG, J., filed a dissenting opinion. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 1]
CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.
As this school desegregation litigation enters its 18th year, we are called upon again to review the decisions of the lower courts. In this case, the State of Missouri has challenged the District Court's order of salary increases for virtually all instructional and noninstructional staff within the Kansas City, Missouri, School District (KCMSD) and the District Court's order requiring the State to continue to fund remedial "quality education" programs because student achievement levels were still "at or below national norms at many grade levels."
A general overview of this litigation is necessary for proper resolution of the issues upon which we granted certiorari. This case has been before the same United States District Judge since 1977. Missouri v. Jenkins, 491 U.S. 274, 276 (1989) (Jenkins I). In that year, the KCMSD, the school board, and the children of two school board members brought suit against the State and other defendants. Plaintiffs alleged that the State, the surrounding suburban school districts (SSD's), and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 2] various federal agencies had caused and perpetuated a system of racial segregation in the schools of the Kansas City metropolitan area. The District Court realigned the KCMSD as a nominal defendant and certified as a class, present and future KCMSD students. The KCMSD brought a cross-claim against the State for its failure to eliminate the vestiges of its prior dual school system.
After a trial that lasted 7 1/2 months, the District Court dismissed the case against the federal defendants and the SSD's, but determined that the State and the KCMSD were liable for an intradistrict violation, i.e., they had operated a segregated school system within the KCMSD. Jenkins v. Missouri, 593 F. Supp. 1485 (WD Mo. 1984). The District Court determined that prior to 1954 "Missouri mandated segregated schools for black and white children." Id., at 1490. Furthermore, the KCMSD and the State had failed in their affirmative obligations to eliminate the vestiges of the State's dual school system within the KCMSD. Id., at 1504.
In June 1985, the District Court issued its first remedial order and established as its goal the "elimination of all vestiges of state imposed segregation." Jenkins v. Missouri, 639 F. Supp. 19, 23 (WD Mo. 1985). The District Court determined that "[s]egregation ha[d] caused a system wide reduction in student achievement in the schools of the KCMSD." Id., at 24. The District Court made no particularized findings regarding the extent that student achievement had been reduced or what portion of that reduction was attributable to segregation. The District Court also identified 25 schools within the KCMSD that had enrollments of 90% or more black students. Id., at 36.
The District Court, pursuant to plans submitted by the KCMSD and the State, ordered a wide range of quality education programs for all students attending the KCMSD. First, the District Court ordered that the KCMSD be restored to an AAA classification, the highest [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 3] classification awarded by the State Board of Education. Id., at 26. Second, it ordered that the number of students per class be reduced so that the student-to-teacher ratio was below the level required for AAA standing. Id., at 28-29. The District Court justified its reduction in class size as
"an essential part of any plan to remedy the vestiges of segregation in the KCMSD. Reducing class size will serve to remedy the vestiges of past segregation by increasing individual attention and instruction, as well as increasing the potential for desegregative educational experiences for KCMSD students by maintaining and attracting non-minority enrollment." Id., at 29.
The District Court also ordered programs to expand educational opportunities for all KCMSD students: full-day kindergarten; expanded summer school; before- and after-school tutoring; and an early childhood development program. Id., at 30-33. Finally, the District Court implemented a state-funded "effective schools" program that consisted of substantial yearly cash grants to each of the schools within the KCMSD. Id., at 33-34. Under the "effective schools" program, the State was required to fund programs at both the 25 racially identifiable schools as well as the 43 other schools within the KCMSD. Id., at 33.
The KCMSD was awarded an AAA rating in the 1987-1988 school year, and there is no dispute that since that time it has "`maintained and greatly exceeded AAA requirements.'" 19 F.3d 393, 401 (CA8 1994) (Beam, J., dissenting from denial of rehearing en banc). The total cost for these quality education programs has exceeded $220 million. Missouri Department of Elementary and Secondary Education, KCMSD Total Desegregation Program Expenditures (Sept. 30, 1994) (Desegregation Expenditures). [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 4]
The District Court also set out to desegregate the KCMSD but believed that "[t]o accomplish desegregation within the boundary lines of a school district whose enrollment remains 68.3% black is a difficult task." 639 F. Supp., at 38. Because it had found no interdistrict violation, the District Court could not order mandatory interdistrict redistribution of students between the KCMSD and the surrounding SSD's. Ibid.; see also Milliken v. Bradley, 418 U.S. 717 (1974) (Milliken I). The District Court refused to order additional mandatory student reassignments because they would "increase the instability of the KCMSD and reduce the potential for desegregation." 639 F. Supp., at 38. Relying on favorable precedent from the Eighth Circuit, the District Court determined that "[a]chievement of AAA status, improvement of the quality of education being offered at the KCMSD schools, magnet schools, as well as other components of this desegregation plan can serve to maintain and hopefully attract non-minority student enrollment." Ibid.
In November 1986, the District Court approved a comprehensive magnet school and capital improvements plan and held the State and the KCMSD jointly and severally liable for its funding. 1 App. 130-193. Under the District Court's plan, every senior high school, every middle school, and one-half of the elementary schools were converted into magnet schools. 1 Id., at 131. The District Court adopted the magnet-school program to "provide a greater educational opportunity to all KCMSD students," id., at 131-132, and because it believed "that the proposed magnet plan [was] so attractive [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 5] that it would draw non-minority students from the private schools who have abandoned or avoided the KCMSD, and draw in additional non-minority students from the suburbs." Id., at 132. The District Court felt that "[t]he long-term benefit of all KCMSD students of a greater educational opportunity in an integrated environment is worthy of such an investment." Id., at 133. Since its inception, the magnet school program has operated at a cost, including magnet transportation, in excess of $448 million. See Desegregation Expenditures. In April 1993, the District Court considered, but ultimately rejected, the plaintiffs' and the KCMSD's proposal seeking approval of a long-range magnet renewal program that included a 10-year budget of well over $500 million, funded by the State and the KCMSD on a joint-and-several basis. App. to Pet. for Cert. A-123.
In June 1985, the District Court ordered substantial capital improvements to combat the deterioration of the KCMSD's facilities. In formulating its capital-improvements plan, the District Court dismissed as "irrelevant" the "State's argument that the present condition of the facilities [was] not traceable to unlawful segregation." 639 F. Supp., at 40. Instead, the District Court focused on its responsibility to "remed[y] the vestiges of segregation" and to "implemen[t] a desegregation plan which w[ould] maintain and attract non-minority members." Id., at 41. The initial phase of the capital improvements plan cost $37 million. Ibid. The District Court also required the KCMSD to present further capital improvements proposals "in order to bring its facilities to a point comparable with the facilities in neighboring suburban school districts." Ibid. In November 1986, the District Court approved further capital improvements in order to remove the vestiges of racial segregation and "to . . . attract non-minority students back to the KCMSD." App. to Pet. for Cert. 133-134. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 6]
In September 1987, the District Court adopted, for the most part, KCMSD's long-range capital improvements plan at a cost in excess of $187 million. Jenkins v. Missouri, 672 F. Supp. 400, 408 (WD Mo. 1987). The plan called for the renovation of approximately 55 schools, the closure of 18 facilities, and the construction of 17 new schools. Id., at 405. The District Court rejected what it referred to as the "`patch and repair' approach proposed by the State" because it "would not achieve suburban comparability or the visual attractiveness sought by the Court as it would result in floor coverings with unsightly sections of mismatched carpeting and tile, and individual walls possessing different shades of paint." Id., at 404. The District Court reasoned that "if the KCMSD schools underwent the limited renovation proposed by the State, the schools would continue to be unattractive and substandard, and would certainly serve as a deterrent to parents considering enrolling their children in KCMSD schools." Id., at 405. As of 1990, the District Court had ordered $260 million in capital investments. Missouri v. Jenkins, 495 U.S. 33, 61 (1990) (Jenkins II) (KENNEDY, J., concurring in part and concurring in judgment). Since then, the total cost of capital improvements ordered has soared to over $540 million.
As part of its desegregation plan, the District Court has ordered salary assistance to the KCMSD. In 1987, the District Court initially ordered salary assistance only for teachers within the KCMSD. Since that time, however, the District Court has ordered salary assistance to all but three of the approximately 5,000 KCMSD employees. The total cost of this component of the desegregation remedy since 1987 is over $200 million. See Desegregation Expenses.
The District Court's desegregation plan has been described as the most ambitious and expensive remedial program in the history of school desegregation. 19 F.3d, [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 7] at 397 (Beam, J., dissenting from denial of rehearing en banc). The annual cost per pupil at the KCMSD far exceeds that of the neighboring SSD's or of any school district in Missouri. Nevertheless, the KCMSD, which has pursued a "friendly adversary" relationship with the plaintiffs, has continued to propose ever more expensive programs. 2 As a result, the desegregation costs have escalated and now are approaching an annual cost of $200 million. These massive expenditures have financed
"high schools in which every classroom will have air conditioning, an alarm system, and 15 microcomputers; a 2,000-square-foot planetarium; green houses and vivariums; a 25-acre farm with an air-conditioned meeting room for 104 people; a Model United Nations wired for language translation; broadcast capable radio and television studios with an editing and animation lab; a temperature controlled art gallery; movie editing and screening rooms; a 3,500-square-foot dust-free diesel mechanics room; 1,875-square-foot elementary school animal rooms for use in a zoo project; swimming pools; and numerous other facilities." Jenkins II, 495 U.S., at 77 (KENNEDY, J., concurring in part and concurring in judgment).
Not surprisingly, the cost of this remedial plan has "far exceeded KCMSD's budget, or for that matter, its authority to tax." Id., at 60. The State, through the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 8] operation of joint-and-several liability, has borne the brunt of these costs. The District Court candidly has acknowledged that it has "allowed the District planners to dream" and "provided the mechanism for th[ose] dreams to be realized." App. to Pet. for Cert. A-133. In short, the District Court "has gone to great lengths to provide KCMSD with facilities and opportunities not available anywhere else in the country." Id., at A-115.
With this background, we turn to the present controversy. First, the State has challenged the District Court's requirement that it fund salary increases for KCMSD instructional and noninstructional staff. Id., at A-76 to A-93 (District Court's Order of June 15, 1992); id., at A-94 to A-109 (District Court's Order of June 30, 1993); id., at A-110 to A-121 (District Court's Order of July 30, 1993). The State claimed that funding for salaries was beyond the scope of the District Court's remedial authority. Id., at A-86. Second, the State has challenged the District Court's order requiring it to continue to fund the remedial quality education programs for the 1992-1993 school year. Id., at A-69 to A-75 (District Court's Order of June 17, 1992). The State contended that under Freeman v. Pitts, 503 U.S. 467 (1992), it had achieved partial unitary status with respect to the quality education programs already in place. As a result, the State argued that the District Court should have relieved it of responsibility for funding those programs.
The District Court rejected the State's arguments. It first determined that the salary increases were warranted because "[h]igh quality personnel are necessary not only to implement specialized desegregation programs intended to `improve educational opportunities and reduce racial isolation' . . . but also to `ensure that there is no diminution in the quality of its regular [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 9] academic program.'" App. to Pet. for Cert. A-87 (internal citations omitted). Its "ruling [was] grounded in remedying the vestiges of segregation by improving the desegregative attractiveness of the KCMSD." Id., at A-90. The District Court did not address the State's Freeman arguments; nevertheless, it ordered the State to continue to fund the quality education programs for the 1992-1993 school year. See App. to Pet. for Cert. A-70.
The Court of Appeals for the Eighth Circuit affirmed. 11 F.3d 755 (1993). It rejected the State's argument that the salary increases did not directly address and relate to the State's constitutional violation and that "low teachers salaries d[id] not flow from any earlier constitutional violations by the State." Id., at 767. In doing so, it observed that "[i]n addition to compensating the victims, the remedy in this case was also designed to reverse white flight by offering superior educational opportunities." Ibid.; see also 13 F.3d 1170, 1172 (CA8 1993) (affirming the District Court's June 30, 1993, and July 30, 1993, orders).
The Court of Appeals concluded that the District Court implicitly had rejected the State's Freeman arguments in spite of the fact that it had failed "to articulate . . . even a conclusory rejection" of them. 11 F.3d, at 765. It looked to the District Court's comments from the bench and its later orders to "illuminate the June 1992 order." Id., at 761. The Court of Appeals relied on statements made by the District Court during a May 28, 1992 hearing:
"The Court's goal was to integrate the Kansas City, Missouri, School District to the maximum degree possible, and all these other matters were elements to be used to try to integrate the Kansas City, Missouri, schools so the goal is integration. That's the goal. And a high standard of quality education. The magnet schools, the summer school program [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 10] and all these programs are tied to that goal, and until such time as that goal has been reached, then we have not reached the goal. . . . The goal is to integrate the Kansas City, Missouri, School district. So I think we are wasting our time." 2 App. 482 (emphasis added).
See 11 F.3d, at 761. Apparently, the Court of Appeals extrapolated from the findings regarding the magnet school program and later orders and imported those findings wholesale to reject the State's request for a determination of partial unitary status as to the quality education programs. See id., at 761-762. It found significant the District Court's determination that although "there had been a trend of improvement in academic achievement, . . . the school district was far from reaching its maximum potential because KCMSD is still at or below national norms at many grade levels." Ibid. It went on to say that with respect to quality education, "implementation of programs in and of itself is not sufficient. The test, after all, is whether the vestiges of segregation, here the system-wide reduction in student achievement, have been eliminated to the greatest extent practicable. The success of quality education programs must be measured by their effect on the students, particularly those who have been the victims of segregation." Id., at 766.
The Court of Appeals denied rehearing en banc, with five judges dissenting. 19 F.3d, at 395. The dissent first examined the salary increases ordered by the District Court and characterized "the current effort by the KCMSD and the American Federation of Teachers . . . aided by the plaintiffs, to bypass the collective bargaining process" as "uncalled for" and "probably not an exercise reasonably related to the constitutional violations found by the court." Id., at 399. The dissent also "agree[d] with the [S]tate that logic d[id] not directly relate the pay of parking lot attendants, trash haulers [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 11] and food handlers . . . to any facet or phase of the desegregation plan or to the constitutional violations." Ibid.
Second, the dissent believed that in evaluating whether the KCMSD had achieved partial unitary status in its quality education programs, the District Court and the panel had
"misrea[d] Freeman and create[d] a hurdle to the withdrawal of judicial intervention from public education that has no support in the law. The district court has, with the approbation of the panel, imbedded a student achievement goal measured by annual standardized tests into its test of whether the KCMSD has built a high-quality educational system sufficient to remedy past discrimination. The Constitution requires no such standard." Id., at 400.
The dissent noted that "KCMSD students have in place a system that offers more educational opportunity than anywhere in America," id., at 403, but that the District Court was "`not satisfied that the District has reached anywhere close to its maximum potential because the District is still at or below national norms at many grade levels,'" ibid. (emphasis added). The dissent concluded that this case "as it now proceeds, involves an exercise in pedagogical sociology, not constitutional adjudication." Id., at 404.
Because of the importance of the issues, we granted certiorari to consider the following: (1) whether the District Court exceeded its constitutional authority when it granted salary increases to virtually all instructional and noninstructional employees of the KCMSD, and (2) whether the District Court properly relied upon the fact that student achievement test scores had failed to rise to some unspecified level when it declined to find that [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 12] the State had achieved partial unitary status as to the quality education programs. 512 U.S. ___ (1994).
Respondents argue that the State may no longer challenge the District Court's remedy, and in any event, the propriety of the remedy is not before the Court. Brief for Respondent KCMSD et al. 40-49; Brief for Respondent Jenkins et al. 23. We disagree on both counts. In Jenkins II, we granted certiorari to review the manner in which the District Court had funded this desegregation remedy. 495 U.S., at 37 . Because we had denied certiorari on the State's challenge to review the scope of the remedial order, we resisted the State's efforts to challenge the scope of the remedy. Id., at 53; cf. id., at 80 (KENNEDY, J., concurring in part and concurring in judgment). Thus, we neither "approv[ed]" nor "disapprov[ed], the Court of Appeals' conclusion that the District Court's remedy was proper." Id., at 53.
Here, however, the State has challenged the District Court's approval of across-the-board salary increases for instructional and noninstructional employees as an action beyond its remedial authority. Pet. for Cert. i. 3 An analysis of the permissible scope of the District Court's remedial authority is necessary for a proper determination of whether the order of salary increases is beyond the District Court's remedial authority, see Milliken I, 418 U.S., at 738 -740, 745, and thus, it is an issue subsidiary to our ultimate inquiry. Cf. Yee v. Escondido, 503 U.S. 519, 537 (1992). Given that the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 13] District Court's basis for its salary order was grounded in "improving the desegregative attractiveness of the KCMSD," App. to Pet. for Cert. A-90, we must consider the propriety of that reliance in order to resolve properly the State's challenge to that order. We conclude that a challenge to the scope of the District Court's remedy is fairly included in the question presented. See this Court's Rule 14.1; Procunier v. Navarette, 434 U.S. 555, 560 , n. 6 (1978) ("Since consideration of these issues is essential to analysis of the Court of Appeals' [decision] we shall also treat these questions as subsidiary issues `fairly comprised' by the question presented"); see also United States v. Mendenhall, 446 U.S. 544, 551 -552, n. 5 (1980) (opinion of Stewart, J.) (Where the determination of a question "is essential to the correct disposition of the other issues in the case, we shall treat it as `fairly comprised' by the questions presented in the petition for certiorari"); cf. Yee, supra, at 536-537.
JUSTICE SOUTER argues that our decision to review the scope of the District Court's remedial authority is both unfair and imprudent. Post, at 10. He claims that factors such as our failure to grant certiorari on the State's challenge to the District Court's remedial authority in 1988 "lulled [respondents] into addressing the case without sufficient attention to the foundational issue, and their lack of attention has now infected the Court's decision." Post, at 1. JUSTICE SOUTER concludes that we have "decide[d] the issue without any warning to respondents." Post, at 10. These arguments are incorrect.
Of course, "[t]he denial of a writ of certiorari imports no expression of opinion upon the merits of the case, as the bar has been told many times." United States v. Carver, 260 U.S. 482, 490 (1923). A fortiori, far from lulling respondents into a false sense of security, our previous decision in Jenkins v. Missouri, put respondents [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 14] on notice that the Court had not affirmed the validity of the District Court's remedy, 495 U.S., at 53 , and that at least four Justices of the Court questioned that remedy, id., at 75-80 (KENNEDY, J., concurring in part and concurring in judgment).
With respect to the specific orders at issue here, the State has once again challenged the scope of the District Court's remedial authority. The District Court was aware of this fact. See App. to Pet. for Cert. A-86 ("The State claims that the Court should not approve desegregation funding for salaries because such funding would be beyond the scope of the Court's remedial authority") (District Court's June 25, 1992, order); id., at A-97 ("The State has argued repeatedly and currently on appeal that the salary component is not a valid component of the desegregation remedy") (District Court's June 30, 1993, order). The Court of Appeals also understood that the State had renewed this challenge. See 11 F.3d, at 766 ("The State argues first that the salary increase remedy sought exceeded that necessary to remedy the constitutional violations, and alternatively, that if the district court had lawful authority to impose the increases, it abused its discretion in doing so"); id., at 767 ("The State's legal argument is that the district court should have denied the salary increase funding because it was contrary to Milliken II and Swann in that it does not directly address and relate to the State's constitutional violation"); 13 F.3d, at 1172 ("We reject the State's argument that the salary order is contrary to Milliken II and Swann"). The State renewed this same challenge in its petition for certiorari, Pet. for Cert. i, and argued here that the District Court's salary orders were beyond the scope of its remedial authority. Brief for Petitioners 27-32; Reply Brief for Petitioners 6-12. In the 100 pages of briefing provided by respondents, they have argued that the State's challenge to the scope of the District Court's remedial [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 15] authority is not fairly presented and is meritless. See Brief for Respondent KCMSD et al. 40-49; Brief for Respondent Jenkins et al. 2-21, 44-49; cf. Reply Brief for Petitioners 2 ("[R]espondents . . . urge the Court to dismiss the writ as improvidently granted. This is not surprising; respondents cannot defend the excesses of the courts below").
In short, the State has challenged the scope of the District Court's remedial authority. The District Court, the Court of Appeals, and respondents have recognized this to be the case. Contrary to JUSTICE SOUTER'S arguments, there is no unfairness or imprudence in deciding issues that have been passed upon below, are properly before us, and have been briefed by the parties. We turn to the questions presented.
Almost 25 years ago, in Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971), we dealt with the authority of a district court to fashion remedies for a school district that had been segregated in law in violation of the Equal Protection Clause of the Fourteenth Amendment. Although recognizing the discretion that must necessarily adhere in a district court in fashioning a remedy, we also recognized the limits on such remedial power:
"[E]limination of racial discrimination in public schools is a large task and one that should not be retarded by efforts to achieve broader purposes lying beyond the jurisdiction of the school authorities. One vehicle can carry only a limited amount of baggage. It would not serve the important objective of Brown I to seek to use school desegregation cases for purposes beyond their scope, although desegregation of schools ultimately will have impact on other forms of discrimination." Id., at 22-23.
Three years later, in Milliken I, supra, we held that a District Court had exceeded its authority in fashioning [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 16] interdistrict relief where the surrounding school districts had not themselves been guilty of any constitutional violation. Id., at 746-747. We said that a desegregation remedy "is necessarily designed, as all remedies are, to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct." Id., at 746. "[W]ithout an interdistrict violation and interdistrict effect, there is no constitutional wrong calling for an interdistrict remedy." Id., at 745. We also rejected "[t]he suggestion . . . that schools which have a majority of Negro students are not `desegregated,' whatever the makeup of the school district's population and however neutrally the district lines have been drawn and administered." Id., at 747, n. 22; see also Freeman, 503 U.S., at 474 ("[A] critical beginning point is the degree of racial imbalance in the school district, that is to say a comparison of the proportion of majority to minority students in individual schools with the proportions of the races in the district as a whole").
Three years later, in Milliken v. Bradley, 433 U.S. 267 (1977) (Milliken II), we articulated a three-part framework derived from our prior cases to guide district courts in the exercise of their remedial authority.
"In the first place, like other equitable remedies, the nature of the desegregation remedy is to be determined by the nature and scope of the constitutional violation. Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S., at 16 . The remedy must therefore be related to `the condition alleged to offend the Constitution. . . .' Milliken I, 418 U.S., at 738 . Second, the decree must indeed be remedial in nature, that is, it must be designed as nearly as possible `to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct.' Id., at 746. Third, the federal courts in devising a remedy must take into account the interests of state and local authorities [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 17] in managing their own affairs, consistent with the Constitution." Id., at 280-281 (footnotes omitted).
We added that the "principle that the nature and scope of the remedy are to be determined by the violation means simply that federal-court decrees must directly address and relate to the constitutional violation itself." Id., at 281-282. In applying these principles, we have identified "student assignments, . . . `faculty, staff, transportation, extracurricular activities and facilities,'" as the most important indicia of a racially segregated school system. Board of Ed. of Oklahoma City Pub. Schools v. Dowell, 498 U.S. 237, 250 (1991) (quoting Green v. School Bd. of New Kent County, 391 U.S. 430, 435 (1968)).
Because "federal supervision of local school systems was intended as a temporary measure to remedy past discrimination," Dowell, supra, at 247, we also have considered the showing that must be made by a school district operating under a desegregation order for complete or partial relief from that order. In Freeman, we stated that
"[a]mong the factors which must inform the sound discretion of the court in ordering partial withdrawal are the following: 1. whether there has been full and satisfactory compliance with the decree in those aspects of the system where supervision is to be withdrawn; 2. whether retention of judicial control is necessary or practicable to achieve compliance with the decree in other facets of the school system; and 3. whether the school district has demonstrated, to the public and to the parents and students of the once disfavored race, its good-faith commitment to the whole of the courts' decree and to those provisions of the law and the Constitution that were [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 18] the predicate for judicial intervention in the first instance." 503 U.S., at 491 .
The ultimate inquiry is "`whether the [constitutional violator] ha[s] complied in good faith with the desegregation decree since it was entered, and whether the vestiges of past discrimination ha[ve] been eliminated to the extent practicable.'" Id., at 492 (quoting Dowell, supra, at 249-250).
Proper analysis of the District Court's orders challenged here, then, must rest upon their serving as proper means to the end of restoring the victims of discriminatory conduct to the position they would have occupied in the absence of that conduct and their eventual restoration of "state and local authorities to the control of a school system that is operating in compliance with the Constitution." 503 U.S., at 489 . We turn to that analysis.
The State argues that the order approving salary increases is beyond the District Court's authority because it was crafted to serve an "interdistrict goal," in spite of the fact that the constitutional violation in this case is "intradistrict" in nature. Brief for Petitioners 19. "[T]he nature of the desegregation remedy is to be determined by the nature and scope of the constitutional violation." Milliken II, supra, at 280; Pasadena City Bd. of Ed. v. Spangler, 427 U.S. 424, 434 (1976) ("`[T]here are limits' beyond which a court may not go in seeking to dismantle a dual school system"). The proper response to an intradistrict violation is an intradistrict remedy, see Milliken I, 418 U.S., at 746 -747; Milliken II, supra, at 280, that serves to eliminate the racial identity of the schools within the effected school district by eliminating, as far as practicable, the vestiges of de jure segregation in all facets of their operations. See Dowell, supra, at 250; see also Swann, 402 U.S., at 18 -19; Green, supra, at 435. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 19]
Here, the District Court has found, and the Court of Appeals has affirmed, that this case involved no interdistrict constitutional violation that would support interdistrict relief. Jenkins II, 495 U.S., at 37 , n. 3 ("The District Court also found that none of the alleged discriminatory actions had resulted in lingering interdistrict effects and so dismissed the suburban school districts and denied interdistrict relief"); id., at 76 (KENNEDY, J., concurring in part and concurring in judgment) ("[T]here was no interdistrict constitutional violation that would support mandatory interdistrict relief"). 4 Thus, the proper response by the District Court should have been to eliminate to the extent practicable the vestiges of prior de jure segregation within the KCMSD: a system-wide reduction in student achievement and the existence of 25 racially identifiable schools with a population of over 90% black students. 639 F. Supp., at 24, 36.
The District Court and Court of Appeals, however, have felt that because the KCMSD's enrollment remained 68.3% black, a purely intradistrict remedy would be insufficient. Id., at 38; Jenkins v. Missouri, 855 F.2d 1296, 1302 (CA8 1988) ("[V]oluntary interdistrict remedies may be used to make meaningful integration [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 20] possible in a predominantly minority district"). But, as noted in Milliken I, supra, we have rejected the suggestion "that schools which have a majority of Negro students are not `desegregated' whatever the racial makeup of the school district's population and however neutrally the district lines have been drawn and administered." Id., at 747, n. 22; see Milliken II, 433 U.S., at 280 , n. 14 ("[T]he Court has consistently held that the Constitution is not violated by racial imbalance in the schools, without more"); Spangler, supra, at 434. 5
Instead of seeking to remove the racial identity of the various schools within the KCMSD, the District Court has set out on a program to create a school district that was equal to or superior to the surrounding SSD's. Its remedy has focused on "desegregative attractiveness," coupled with "suburban comparability." Examination of the District Court's reliance on "desegregative attractiveness" and "suburban comparability" is instructive for our ultimate resolution of the salary-order issue.
The purpose of desegregative attractiveness has been not only to remedy the system-wide reduction in student achievement, but also to attract nonminority students not presently enrolled in the KCMSD. This remedy has included an elaborate program of capital improvements, course enrichment, and extracurricular enhancement not simply in the formerly identifiable black schools, but in schools throughout the district. The District Court's remedial orders have converted every senior high school, [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 21] every middle school, and one-half of the elementary schools in the KCMSD into "magnet" schools. The District Court's remedial order has all but made the KCMSD itself into a magnet district.
We previously have approved of intradistrict desegregation remedies involving magnet schools. See, e.g., Milliken II, supra, at 272. Magnet schools have the advantage of encouraging voluntary movement of students within a school district in a pattern that aids desegregation on a voluntary basis, without requiring extensive busing and redrawing of district boundary lines. Cf. Jenkins II, 495 U.S., at 59 -60 (Kennedy, J., concurring in part and concurring in judgment) (citing Milliken II, supra, at 272). As a component in an intradistrict remedy, magnet schools also are attractive because they promote desegregation while limiting the withdrawal of white student enrollment that may result from mandatory student reassignment. See 639 F. Supp., at 37; cf. Scotland Neck City Bd. of Ed., 407 U.S. 484, 491 (1972).
The District Court's remedial plan in this case, however, is not designed solely to redistribute the students within the KCMSD in order to eliminate racially identifiable schools within the KCMSD. Instead, its purpose is to attract nonminority students from outside the KCMSD schools. But this interdistrict goal is beyond the scope of the intradistrict violation identified by the District Court. In effect, the District Court has devised a remedy to accomplish indirectly what it admittedly lacks the remedial authority to mandate directly: the interdistrict transfer of students. 639 F. Supp., at 38 ("`[B]ecause of restrictions on this Court's remedial powers in restructuring the operations of local and state government entities,' any mandatory plan which would go beyond the boundary lines of KCMSD goes far beyond the nature and extent of the constitutional violation [that] this Court found existed"). [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 22]
In Milliken I we determined that a desegregation remedy that would require mandatory interdistrict reassignment of students throughout the Detroit metropolitan area was an impermissible interdistrict response to the intradistrict violation identified. 418 U.S., at 745 . In that case, the lower courts had ordered an interdistrict remedy because "`any less comprehensive a solution than a metropolitan area plan would result in an all black school system immediately surrounded by practically all white suburban school systems, with an overwhelmingly white majority population in the total metropolitan area.'" Id., at 735. We held that before a district court could order an interdistrict remedy, there must be a showing that "racially discriminatory acts of the state or local school districts, or of a single school district have been a substantial cause of interdistrict segregation." Id., at 745. Because the record "contain[ed] evidence of de jure segregated conditions only in the Detroit Schools" and there had been "no showing of significant violation by the 53 outlying school districts and no evidence of interdistrict violation or effect," we reversed the District Court's grant of interdistrict relief. Ibid.
Justice Stewart provided the Court's fifth vote and wrote separately to underscore his understanding of the decision. In describing the requirements for imposing an "interdistrict" remedy, Justice Stewart stated: "Were it to be shown, for example, that state officials had contributed to the separation of the races by drawing or redrawing school district lines; by transfer of school units between districts; or by purposeful, racially discriminatory use of state housing or zoning laws, then a decree calling for the transfer of pupils across district lines or for restructuring of district lines might well be appropriate. In this case, however, no such interdistrict violation was shown." Id., at 755 (concurring opinion) (citations omitted). Justice Stewart concluded that [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 23] the Court properly rejected the District Court's interdistrict remedy because "[t]here were no findings that the differing racial composition between schools in the city and in the outlying suburbs was caused by official activity of any sort." Id., at 757.
What we meant in Milliken I by an interdistrict violation was a violation that caused segregation between adjoining districts. Nothing in Milliken I suggests that the District Court in that case could have circumvented the limits on its remedial authority by requiring the State of Michigan, a constitutional violator, to implement a magnet program designed to achieve the same interdistrict transfer of students that we held was beyond its remedial authority. Here, the District Court has done just that: created a magnet district of the KCMSD in order to serve the interdistrict goal of attracting nonminority students from the surrounding SSD's and redistributing them within the KCMSD. The District Court's pursuit of "desegregative attractiveness" is beyond the scope of its broad remedial authority. See Milliken II, 433 U.S., at 280 .
Respondents argue that the District Court's reliance upon desegregative attractiveness is justified in light of the District Court's statement that segregation has "led to white flight from the KCMSD to suburban districts." 1 App. 126; see Brief for Respondent KCMSD et al. 44-45, and n. 28; Brief for Respondent Jenkins et al. 47-49. 6 The lower courts' "findings" as to "white flight" [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 24] are both inconsistent internally, 7 and inconsistent with the typical supposition, bolstered here by the record evidence, that "white flight" may result from desegregation, not de jure segregation. 8 The United States, as amicus curiae, argues that the District Court's finding that "de jure segregation in the KCMSD caused white students to leave the system . . . is not inconsistent with the district court's earlier conclusion that the suburban districts did nothing to cause this white flight and therefore could not be included in a mandatory interdistrict remedy." Brief for United States as Amicus Curiae 19, n. 2; see also post, at 24-28. But the District Court's earlier findings, affirmed by the Court of Appeals, were not so limited:
"[C]ontrary to the argument of [plaintiffs] that the [district court] looked only to the culpability of the SSDs, the scope of the order is far broader. . . . It [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 25] noted that only the schools in one district were affected and that the remedy must be limited to that system. In examining the cause and effect issue, the court noted that `not only is plaintiff's evidence here blurred as to cause and effect, there is no "careful delineation of the extent of the effect."' . . . The district court thus dealt not only with the issue whether the SSDs were constitutional violators but also whether there were significant interdistrict segregative effects. . . . When it did so, it made specific findings that negate current significant interdistrict effects, and concluded that the requirements of Milliken had not been met." Jenkins v. Missouri, 807 F.2d 657, 672 (CA8 1986) (affirming, by an equally divided court, the District Court's findings and conclusion that there was no interdistrict violation or interdistrict effect) (en banc). 9
In Freeman, we stated that "[t]he vestiges of segregation that are the concern of the law in a school case may be subtle and intangible but nonetheless they must be so real that they have a causal link to the de jure violation being remedied." 503 U.S., at 496 . The record here does not support the District Court's reliance on "white flight" as a justification for a permissible [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 26] expansion of its intradistrict remedial authority through its pursuit of desegregative attractiveness. See Milliken I, 418 U.S., at 746 ; see also Dayton Bd. of Ed. v. Brinkman, 433 U.S. 406, 417 (1977) (Dayton I).
JUSTICE SOUTER claims that our holding effectively overrules Hills v. Gautreaux, 425 U.S. 284 (1976). See also Brief for American Civil Liberties Union et al. as Amici Curiae 18-20. In Gautreaux, the Federal Department of Housing and Urban Development (HUD) was found to have participated, along with a local housing agency, in establishing and maintaining a racially segregated public housing program. 425 U.S., at 286 -291. After the Court of Appeals ordered "`the adoption of a comprehensive metropolitan area plan,'" id., at 291, we granted certiorari to consider the "permissibility in the light of [Milliken I] of `inter-district relief for discrimination in public housing in the absence of a finding of an inter-district violation.'" Gautreaux, supra, at 292. Because the "relevant geographic area for the purposes of the [plaintiffs'] housing options [was] the Chicago housing market, not the Chicago city limits," 425 U.S., at 299 , we concluded that "a metropolitan area remedy . . . [was] not impermissible as a matter of law," id., at 306. Cf. id., at 298, n. 13 (distinguishing Milliken I, in part, because prior cases had established that racial segregation in schools is "to be dealt with in terms of `an established geographic and administrative school system'").
In Gautreaux, we did not obligate the District Court to "subjec[t] HUD to measures going beyond the geographical or political boundaries of its violation." Post, at 36. Instead, we cautioned that our holding "should not be interpreted as requiring a metropolitan area order." Gautreaux, supra, at 306. We reversed appellate factfinding by the Court of Appeals that would have mandated a metropolitan-area remedy, see id., at 294-295, n. 11, and remanded the case back to the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 27] District Court "`for additional evidence and for further consideration of the issue of metropolitan area relief,'" id., at 306.
Our decision today is fully consistent with Gautreaux. A district court seeking to remedy an intradistrict violation that has not "directly caused" significant interdistrict effects, Milliken I, supra, at 744-745, exceeds its remedial authority if it orders a remedy with an interdistrict purpose. This conclusion follows directly from Milliken II, decided one year after Gautreaux, where we reaffirmed the bedrock principle that "federal-court decrees exceed appropriate limits if they are aimed at eliminating a condition that does not violate the Constitution or does not flow from such a violation." 433 U.S., at 282 . In Milliken II, we also emphasized that "federal courts in devising a remedy must take into account the interests of state and local authorities in managing their own affairs, consistent with the Constitution." Id., at 280-281. Gautreaux, however, involved the imposition of a remedy upon a federal agency. See 425 U.S., at 292 , n. 9. Thus, it did not raise the same federalism concerns that are implicated when a federal court issues a remedial order against a State. See Milliken II, supra, at 280-281.
The District Court's pursuit of "desegregative attractiveness" cannot be reconciled with our cases placing limitations on a district court's remedial authority. It is certainly theoretically possible that the greater the expenditure per pupil within the KCMSD, the more likely it is that some unknowable number of nonminority students not presently attending schools in the KCMSD will choose to enroll in those schools. Under this reasoning, however, every increased expenditure, whether it be for teachers, noninstructional employees, books, or buildings, will make the KCMSD in some way more attractive, and thereby perhaps induce nonminority students to enroll in its schools. But this rationale [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 28] is not susceptible to any objective limitation. Cf. Milliken II, 433 U.S., at 280 (remedial decree "must be designed as nearly as possible `to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct'"). This case provides numerous examples demonstrating the limitless authority of the District Court operating under this rationale. See e.g., App. to Pet. for Cert. A-115 (The District Court has recognized that it has "provide[d] the KCMSD with facilities and opportunities not available anywhere else in the country"); id., at A-140 ("The District has repeatedly requested that the [District Court] provide extravagant programs based on the hopes that they will succeed in the desegregation effort"). In short, desegregative attractiveness has been used "as the hook on which to hang numerous policy choices about improving the quality of education in general within the KCMSD." Jenkins II, 495 U.S., at 76 (KENNEDY, J., concurring in part and concurring in judgment).
Nor are there limits to the duration of the District Court's involvement. The expenditures per pupil in the KCMSD currently far exceed those in the neighboring SSD's. 19 F.3d, at 399 (Beam, J., dissenting from denial of rehearing en banc) (per-pupil costs within the SSD's, excluding capital costs, range from $2,854 to $5,956; per pupil costs within the KCMSD, excluding capital costs, are $9,412); Brief for Respondent KCMSD et al. 18, n. 5 (arguing that per pupil costs in the KCMSD, excluding capital costs, are $7,665.18). Sixteen years after this litigation began, the District Court recognized that the KCMSD has yet to offer a viable method of financing the "wonderful school system being built." App to Pet. for Cert. A-124; cf. Milliken II, supra, at 293 (Powell, J., concurring in judgment) ("Th[e] parties . . . have now joined forces apparently for the purpose of extracting funds from the state treasury"). [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 29] Each additional program ordered by the District Court - and financed by the State - to increase the "desegregative attractiveness" of the school district makes the KCMSD more and more dependent on additional funding from the State; in turn, the greater the KCMSD's dependence on state funding, the greater its reliance on continued supervision by the District Court. But our cases recognize that local autonomy of school districts is a vital national tradition, Dayton I, supra, at 410, and that a district court must strive to restore state and local authorities to the control of a school system operating in compliance with the Constitution. See Freeman, supra, at 489; Dowell, 498 U.S., at 247 .
The District Court's pursuit of the goal of "desegregative attractiveness" results in so many imponderables and is so far removed from the task of eliminating the racial identifiability of the schools within the KCMSD that we believe it is beyond the admittedly broad discretion of the District Court. In this posture, we conclude that the District Court's order of salary increases, which was "grounded in remedying the vestiges of segregation by improving the desegregative attractiveness of the KCMSD," App. to Pet. for Cert. A-90, is simply too far removed from an acceptable implementation of a permissible means to remedy previous legally mandated segregation. See Milliken II, supra, at 280.
Similar considerations lead us to conclude that the District Court's order requiring the State to continue to fund the quality education programs because student achievement levels were still "at or below national norms at many grade levels" cannot be sustained. The State does not seek from this Court a declaration of partial unitary status with respect to the quality education programs. Reply Brief for Petitioners 3. It challenges the requirement of indefinite funding of a quality education program until national norms are met, based on the assumption that while a mandate for significant [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 30] educational improvement, both in teaching and in facilities, may have been justified originally, its indefinite extension is not.
Our review in this respect is needlessly complicated because the District Court made no findings in its order approving continued funding of the quality education programs. See App. to Pet. for Cert. A-69 to A-75. Although the Court of Appeals later recognized that a determination of partial unitary status requires "careful factfinding and detailed articulation of findings," 11 F.3d, at 765, it declined to remand to the District Court. Instead it attempted to assemble an adequate record from the District Court's statements from the bench and subsequent orders. Id., at 761. In one such order relied upon by the Court of Appeals, the District Court stated that the KCMSD had not reached anywhere close to its "maximum potential because the District is still at or below national norms at many grade levels." App. to Pet. for Cert. A-131.
But this clearly is not the appropriate test to be applied in deciding whether a previously segregated district has achieved partially unitary status. See Freeman, 503 U.S., at 491 ; Dowell, 498 U.S., at 249 -250. The basic task of the District Court is to decide whether the reduction in achievement by minority students attributable to prior de jure segregation has been remedied to the extent practicable. Under our precedents, the State and the KCMSD are "entitled to a rather precise statement of [their] obligations under a desegregation decree." Id., at 246. Although the District Court has determined that "[s]egregation has caused a system wide reduction in achievement in the schools of the KCMSD," 639 F. Supp., at 24, it never has identified the incremental effect that segregation has had on minority student achievement or the specific goals of the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 31] quality education programs. Cf. Dayton I, 433 U.S., at 420 . 10
In reconsidering this order, the District Court should apply our three-part test from Freeman v. Pitts, supra, at 491. The District Court should consider that the State's role with respect to the quality education programs has been limited to the funding, not the implementation, of those programs. As all the parties agree that improved achievement on test scores is not necessarily required for the State to achieve partial unitary status as to the quality education programs, the District Court should sharply limit, if not dispense with, its reliance on this factor. Brief for Respondent KCMSD et al. 34-35; Brief for Respondent Jenkins et al. 26. Just as demographic changes independent of de jure segregation will affect the racial composition of student assignments, Freeman, supra, at 494-495, so too will numerous external factors beyond the control of the KCMSD and the State affect minority student achievement. So long as these external factors are not the result of segregation, they do not figure in the remedial calculus. See Spangler, 427 U.S., at 434 ; Swann, 402 U.S., at 22 . Insistence upon academic goals unrelated to the effects of legal segregation unwarrantably postpones the day when the KCMSD will be able to operate on its own.
The District Court also should consider that many goals of its quality education plan already have been attained: the KCMSD now is equipped with "facilities and opportunities not available anywhere else in the country." App. to Pet. for Cert. A-115. KCMSD schools received an AAA rating eight years ago, and the present remedial programs have been in place for seven years. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 32] See 19 F.3d, at 401 (Beam, J., dissenting from denial of rehearing en banc). It may be that in education, just as it may be in economics, a "rising tide lifts all boats," but the remedial quality education program should be tailored to remedy the injuries suffered by the victims of prior de jure segregation. See Milliken II, 433 U.S., at 287 . Minority students in kindergarten through grade 7 in the KCMSD always have attended AAA-rated schools; minority students in the KCMSD that previously attended schools rated below AAA have since received remedial education programs for a period of up to seven years.
On remand, the District Court must bear in mind that its end purpose is not only "to remedy the violation" to the extent practicable, but also "to restore state and local authorities to the control of a school system that is operating in compliance with the Constitution." Freeman, supra, at 489.
The judgment of the Court of Appeals is reversed.
[ Footnote 1 ] "`Magnet schools,' as generally understood, are public schools of voluntary enrollment designed to promote integration by drawing students away from their neighborhoods and private schools through distinctive curricula and high quality." Missouri v. Jenkins, 495 U.S. 33, 40 , n. 6 (1990).
[ Footnote 2 ] In April 1993, 16 years after this litigation began, the District Court acknowledged that the KCMSD and the plaintiffs had "barely addressed . . . how the KCMSD proposes to ultimately fund the school system developed under the desegregation plan." App. to Pet. for Cert. A-123. In the context of a proposal to extend funding of the magnet-school program for ten additional years at a cost of over $500 million, the District Court noted that "[t]he District's proposals do not include a viable method of financing any of the programs." Id., at A-140.
[ Footnote 3 ] "Whether a federal court order granting salary increases to virtually every employee of a school district - including non-instructional personnel as part of a school desegregation remedy conflicts with applicable decisions of this court which require that remedial components must directly address and relate to the constitutional violation and be tailored to cure the condition that offends the Constitution?" Pet. for Cert. i.
[ Footnote 4 ] See also Jenkins v. Missouri, 931 F.2d 1273, 1274 (CA8 1991) ("[T]he district court in September 1984 held the State defendants and the KCMSD liable for intradistrict segregation"); Jenkins v. Missouri, 931 F.2d 470, 475 (CA8 1991) ("In a June 5, 1984, order the district court rejected claims of interdistrict violations"); Jenkins v. Missouri, 838 F.2d 260, 264 (CA8 1988) ("In this case, the plaintiffs made unsuccessful claims against the State as well as the suburban, federal, and Kansas defendants for interdistrict relief. They also made successful intradistrict claims against the State and KCMSD"); Jenkins v. Missouri, 807 F.2d 657, 669-670 (CA8 1986) (en banc) ("[T]he argument that KCMSD officially sanctioned suburban flight looks first to KCMSD's violation which the district court clearly found to be only intradistrict in nature").
[ Footnote 5 ] See also Green v. School Bd. of New Kent County, 391 U.S. 430, 432 (1968) (approving a desegregation plan which had a racial composition of 57% black and 43% white); Wright v. Council of City of Emporia, 407 U.S. 451, 457 (1972) (approving a desegregation plan which had a racial composition of 66% black and 34% white); United States v. Scotland Neck City Bd. of Ed., 407 U.S. 484, 491 , n. 5 (1972) (approving implicitly a desegregation plan which had a racial composition of 77% black and 22% white).
[ Footnote 6 ] Prior to 1954, Missouri mandated segregated schools for black and white children. Jenkins v. Missouri, 593 F. Supp. 1485, 1490 (WD Mo. 1984). Immediately after the Court's decision in Brown v. Board of Education, 347 U.S. 483 (1954), the State's Attorney General issued an opinion declaring the provisions that mandated segregation unenforceable. 593 F. Supp., at 1490. In the 1954-1955 school year, 18.9% of the KCMSD's students were black. 807 F.2d, at 680. The KCMSD became 30% black in the 1961-1962 school year, 40% black in the 1965-1966 school year, and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 24] 60% black in the 1975-1976 school year. Ibid. In 1977, the KCMSD implemented the 6C desegregation plan in order to ensure that each school within the KCMSD had a minimum minority enrollment of 30%. 639 F. Supp., at 35. Overall enrollment in KCMSD decreased by 30% from the time that the 6C plan first was implemented until 1986. Id., at 36. During the same time period, white enrollment decreased by 44%. Ibid.
[ Footnote 7 ] Compare n. 4, supra, and Jenkins, 807 F.2d, at 662 ("[N]one of the alleged discriminatory actions committed by the State or the federal defendants ha[s] caused any significant current interdistrict segregation"), with Jenkins v. Missouri, 855 F.2d 1295, 1302 (CA8 1988) ("These holdings are bolstered by the district court's findings that the preponderance of black students in the district was due to the State and KCMSD's constitutional violations, which caused white flight").
[ Footnote 8 ] "During the hearing on the liability issue in this case there was an abundance of evidence that many residents of the KCMSD left the district and moved to the suburbs because of the district's efforts to integrate its schools." 1 App. 239; see also Scotland Neck City Bd. of Ed., 407 U.S., at 491 (recognizing that implementation of a desegregation remedy may result in "white flight").
[ Footnote 9 ] JUSTICE SOUTER construes the Court of Appeals' determination to mean that the violations by the State and the KCMSD did not cause segregation within the limits of each of the SSD's. Post, at 27-28. But the Court of Appeals would not have decided this question at the behest of these plaintiffs - present and future KCMSD students - who have no standing to challenge segregation within the confines of the SSD's. Cf. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 -561 (1992). Ergo, the Court of Appeals meant exactly what it said: the requirements of Milliken I had not been met because the District Court's specific findings "negate current significant interdistrict effects." Jenkins, 807 F.2d, at 672.
[ Footnote 10 ] To the extent that the District Court has adopted the quality education program to further the goal of desegregative attractiveness, that goal is no longer valid. See supra, at 16-24. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 1]
JUSTICE O'CONNOR, concurring.
Because "[t]he mere fact that one question must be answered before another does not insulate the former from Rule 14.1(a)," Lebron v. National Railroad Passenger Corporation, 513 U.S. ___, ___ (1995) (O'CONNOR, J., dissenting) (slip op. at 6), I reject the State's contention that the propriety of the District Court's remedy is fairly included in the question whether student achievement is a valid measure of partial unitary status as to the quality education program, Brief for Petitioners 18.
The State, however, also challenges the District Court's order setting salaries for all but 3 of the 5,000 persons employed by the Kansas City, Missouri, School District (KCMSD). In that order, the court stated: "the basis for this Court's ruling is grounded in remedying the vestiges of segregation by improving the desegregative attractiveness of the KCMSD. In order to improve the desegregative attractiveness of the KCMSD, the District must hire and retain high quality teachers, administrators and staff." App. to Pet. for Cert. A-90. The question presented in the petition for certiorari asks whether the order comports with our cases requiring that remedies "address and relate to the constitutional violation and be tailored to cure the condition that offends the Constitution," Pet. for Cert. i. Thus, the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 2] State asks not only whether salary increases are an appropriate means to achieve the District Court's goal of desegregative attractiveness, but also whether that goal itself legitimately relates to the predicate constitutional violation. The propriety of desegregative attractiveness as a remedial purpose, therefore, is not simply an issue "prior to the clearly presented question," Lebron, supra, at ___ (slip op., at 7); it is an issue presented in the question itself and, as such, is one that we appropriately and necessarily consider in answering that question.
Beyond the plain words of the question presented, the State's opening brief placed respondents on notice of its argument; fully 25 of the State's 30 pages of discussion were devoted to desegregative attractiveness and suburban comparability. See Brief for Petitioners 19-45. Such focus should not come as a surprise. At every stage of this litigation, as the Court notes, ante, at 14, the State has questioned whether the salary increase order exceeded the nature and scope of the constitutional violation. In disposing of the argument, the lower courts explicitly relied on the need for desegregative attractiveness and suburban comparability. See, e. g., 13 F.3d, 1170, 1172 (CA8 1993) ("The significant finding of the court with respect to the earlier funding order was that the salary increases were essential to comply with the court's desegregation order, and that high quality teachers, administrators, and staff must be hired to improve the desegregative attractiveness of KCMSD"); 11 F.3d 755, 767 (CA8 1993) ("In addition to compensating the victims, the remedy in this case was also designed to reverse white flight by offering superior educational opportunities").
Given the State's persistence and the specificity of the lower court decisions, respondents would have ignored the State's arguments on white flight and desegregative attractiveness at their own peril. But they did not do so, and instead engaged those arguments on the merits. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 3] See Brief for Respondent KCMSD et al. 44-49; Brief for Respondent Jenkins et al. 41-49. Perhaps the response was not made as artfully and completely as the dissenting Justices would like, but it was made nevertheless; whatever the cause of respondents' supposed failure to appreciate "what was really at stake," post, at 1 (Souter, J., dissenting), it is certainly not lack of fair notice.
Given such notice, there is no unfairness to the Court resolving the issue. Unlike Bray v. Alexandria Women's Health Clinic, 506 U.S. ___ (1993), for example, where in order to decide a particular question, one would have had to "find in the complaint claims that the respondents themselves have admitted are not there; . . . resolve a question not presented to or ruled on by any lower court; . . . revise the rule that it is the Petition for Certiorari (not the Brief in Opposition and later briefs) that determines the questions presented; and . . . penalize the parties for not addressing an issue on which the Court specifically denied supplemental briefing," id., at ___ (slip op., at 16), in this case one need only read the opinions below to see that the question of desegregative attractiveness was presented to and passed upon by the lower courts; the petition for certiorari to see that it was properly presented; and the briefs to see that it was fully argued on the merits. If it could be thought that deciding the question in Bray presented no "unfairness" because it "was briefed, albeit sparingly, by the parties prior to the first oral argument," id., at ___ (Souter, J., concurring in judgment in part and dissenting in part) (slip op., at 3-4), there should hardly be cause to cry foul here. The Court today transgresses no bounds of orderly adjudication in resolving a genuine dispute that is properly presented for its decision.
On the merits, the Court's resolution of the dispute comports with Hills v. Gautreaux, 425 U.S. 284 (1976). [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 4] There, we held that there is no "per se rule that federal courts lack authority to order parties found to have violated the Constitution to undertake remedial efforts beyond the municipal boundaries of the city where the violation occurred," id., at 298. This holding follows from our judgment in Milliken v. Bradley, 418 U.S. 717 (1974) (Milliken I) that an interdistrict remedy is permissible, but only upon a showing "that there has been a constitutional violation within one district that produces a significant segregative effect in another district," id., at 745. The per se rule that the petitioner urged upon the Court in Gautreaux would have erected an "arbitrary and mechanical" shield at the city limits, 425 U.S., at 300 , and contradicted the holding in Milliken I that remedies may go beyond the boundaries of the constitutional violator. Gautreaux, however, does not eliminate the requirement of Milliken I that such territorial transgression is permissible only upon a showing that the intradistrict constitutional violation produced significant interdistrict segregative effects; if anything, our opinion repeatedly affirmed that principle, see Gautreaux, supra, at 292-294; id., at 296, n. 12. More important for our purposes here, Gautreaux in no way contravenes the underlying principle that the scope of desegregation remedies, even those that are solely intradistrict, is "determined by the nature and extent of the constitutional violation." Milliken I, supra, at 744 (citing Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1, 16 (1971)). Gautreaux simply does not give federal courts a blank check to impose unlimited remedies upon a constitutional violator.
As an initial matter, Gautreaux itself may not even have concerned a case of interdistrict relief, at least not in the sense that Milliken I and other school desegregation cases have understood it. Our opinion made clear that the authority of the Department of Housing and Urban Development (HUD) extends beyond the Chicago [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 5] city limits, see Gautreaux, supra, at 298-299, n. 14, and that HUD's own administrative practice treated the Chicago metropolitan area as an undifferentiated whole, id., at 299. Thus, "[t]he relevant geographic area for purposes of the respondents' housing options is the Chicago housing market, not the Chicago city limits." Ibid. Because the relevant district is the greater metropolitan area, drawing the remedial line at the city limits would be "arbitrary and mechanical." Id., at 300.
JUSTICE SOUTER, post, at 34, makes much of how HUD phrased the question presented: whether it is appropriate to grant "`inter-district relief for discrimination in public housing in the absence of a finding of an inter-district violation.'" Gautreaux, supra, at 292. HUD obviously had an interest in phrasing the question thus, since doing so emphasizes the alleged deviation from Milliken I. But the Court was free to reject HUD's characterization of the relevant district, which it did:
"The housing market area `usually extends beyond the city limits' and in the larger markets `may extend into several adjoining counties.' . . . An order against HUD and CHA regulating their conduct in the greater metropolitan area will do no more than take into account HUD's expert determination of the area relevant to the respondents' housing opportunities and will thus be wholly commensurate with `the nature and extent of the constitutional violation.'" Id., at 299-300 (quoting Milliken I, supra, at 744).
In light of this explicit holding, any suggestion that Gautreaux dispensed with the predicates of Milliken I for interdistrict relief rings hollow.
This distinction notwithstanding, the dissent emphasizes a footnote in Gautreaux, in which we reversed the finding by the Court of Appeals that "either an interdistrict violation or an interdistrict segregative effect [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 6] may have been present," 425 U.S., at 294 , n. 11, and argues that implicit in that holding is a suggestion that district lines may be ignored even absent a showing of interdistrict segregative effects, post, at 38. But no footnote is an island, entire of itself, and our statement in footnote 11 must be read in context. As explained above, we rejected the petitioner's categorical suggestion that "court-ordered metropolitan area relief in this case would be impermissible as a matter of law," 425 U.S., at 305 . But the Court of Appeals had gone too far the other way, suggesting that the District Court had to consider metropolitan area relief because the conditions of Milliken I - i. e., interdistrict violation or significant interdistrict segregative effects - had been established as a factual matter. We reversed these ill-advised findings by the appellate court in order to preserve to the District Court its proper role, acknowledged by the dissent, post, at 39, n. 10, of finding the necessary facts and exercising its discretion accordingly. Indeed, in footnote 11 itself, we repeated the requirement of a "significant segregative effect in another district," Milliken I, supra, at 745, and held that the Court of Appeals' "unsupported speculation falls far short of the demonstration" required. Gautreaux, supra, at 295, n. 11. There would have been little need to overrule the Court of Appeals expressly on these factual matters if they were indeed irrelevant.
It is this reading of Hills v. Gautreaux - as an affirmation of, not a deviation from, Milliken I - that the Court of Appeals itself adopted in an earlier phase of this litigation: "Milliken and Hills make clear that we may grant interdistrict relief only to remedy a constitutional violation by the SSD [suburban school district], or to remedy an interdistrict effect in the SSD caused by a constitutional violation in KCMSD." Jenkins v. Missouri, 807 F.2d 657, 672 (CA8 1986) (en banc). Perhaps Gautreaux was "mentioned only briefly" by the respondents, [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 7] post, at 39, because the case may actually lend support to the State's argument.
Absent Gautreaux, the dissent hangs on the semantic distinction that "the District Court did not mean by an `intradistrict violation' what the Court apparently means by it today. The District Court meant that the violation within the KCMSD had not led to segregation outside of it, and that no other school districts had played a part in the violation. It did not mean that the violation had not produced effects of any sort beyond the district." Post, at 22-23. The relevant inquiry under Milliken I and Gautreaux, however, is not whether the intradistrict violation "produced effects of any sort beyond the district," but rather whether such violation caused "significant segregative effects" across district boundaries, Milliken I, supra, at 745. When the Court of Appeals affirmed the District Court's initial remedial order, it specifically stated that the District Court "dealt not only with the issue of whether the SSDs [suburban school districts] were constitutional violators but also whether there were significant interdistrict segregative effects. . . . When it did so, it made specific findings that negate current significant interdistrict effects, and concluded that the requirements of Milliken had not been met." Jenkins v. Missouri, 807 F.2d, at 672. This holding is unambiguous. Neither the legal responsibility for nor the causal effects of KCMSD's racial segregation transgressed its boundaries, and absent such interdistrict violation or segregative effects, Milliken and Gautreaux do not permit a regional remedial plan.
JUSTICE SOUTER, however, would introduce a different level of ambiguity, arguing that the District Court took a limited view of what effects are segregative: "while white flight would have produced significant effects in other school districts, in the form of greatly increased numbers of white students, those effects would not have been segregative beyond the KCMSD, as the departing [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 8] students were absorbed into wholly unitary systems." Post, at 28. Even if accurate, this characterization of the District Court's findings would be of little significance as to its authority to order interdistrict relief. Such remedy is appropriate only "to eliminate the interdistrict segregation directly caused by the constitutional violation," Milliken I, supra, at 745. Whatever effects KCMSD's constitutional violation may be ventured to have had on the surrounding districts, those effects would justify interdistrict relief only if they were "segregative beyond the KCMSD."
School desegregation remedies are intended, "as all remedies are, to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct." Milliken I, 418 U.S., at 746 . In the paradigmatic case of an interdistrict violation, where district boundaries are drawn on the basis of race, a regional remedy is appropriate to ensure integration across district lines. So too where surrounding districts contribute to the constitutional violation by affirmative acts intended to segregate the races - e. g., where those districts "arrang[e] for white students residing in the Detroit District to attend schools in Oakland and Macomb Counties," id., at 746-747. Milliken I of course permits interdistrict remedies in these instances of interdistrict violations. Beyond that, interdistrict remedies are also proper where "there has been a constitutional violation within one district that produces a significant segregative effect in another district." Id., at 745. Such segregative effect may be present where a predominantly black district accepts black children from adjacent districts, see id., at 750, or perhaps even where the fact of intradistrict segregation actually causes whites to flee the district, cf. Gautreaux, 425 U.S., at 295 , n. 11, for example, to avoid discriminatorily underfunded schools - and such actions produce regional segregation along district lines. In [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 9] those cases, where a purely intradistrict violation has caused a significant interdistrict segregative effect, certain interdistrict remedies may be appropriate. Where, however, the segregative effects of a district's constitutional violation are contained within that district's boundaries, there is no justification for a remedy that is interdistrict in nature and scope.
Here, where the District Court found that KCMSD students attended schools separated by their race and that facilities have "literally rotted," Jenkins v. Missouri, 672 F. Supp. 400, 411 (WD Mo. 1987), the district court of course should order restorations and remedies that would place previously segregated black KCMSD students at par with their white KCMSD counterparts. The District Court went further, however, and ordered certain improvements to KCMSD as a whole, including schools that were not previously segregated; these district-wide remedies may also be justified (the State does not argue the point here) in light of the finding that segregation caused "a system wide reduction in student achievement in the schools of the KCMSD," Jenkins v. Missouri, 639 F. Supp. 19, 24 (WD Mo. 1985). Such remedies obviously may benefit some who did not suffer under and, indeed, may have even profited from - past segregation. There is no categorical constitutional prohibition on non-victims enjoying the collateral, incidental benefits of a remedial plan designed "to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct." Milliken I, supra, at 746. Thus, if restoring KCMSD to unitary status would attract whites into the school district, such a reversal of the white exodus would be of no legal consequence.
What the District Court did in this case, however, and how it transgressed the constitutional bounds of its remedial powers, is to make desegregative attractiveness the underlying goal of its remedy for the specific purpose [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 10] of reversing the trend of white flight. However troubling that trend may be, remedying it is within the District Court's authority only if it is "directly caused by the constitutional violation." Id., at 745. The Court and the dissent attempt to reconcile the different statements by the lower courts as to whether white flight was caused by segregation or desegregation. See ante, at 23-25; post, at 25-28. One fact, however, is uncontroverted. When the District Court found that KCMSD was racially segregated, the constitutional violation from which all remedies flow in this case, it also found that there was neither an interdistrict violation nor significant interdistrict segregative effects. See Jenkins v. Missouri, 807 F.2d, at 672; ante, at 25. Whether the white exodus that has resulted in a school district that is 68% black was caused by the District Court's remedial orders or by natural, if unfortunate, demographic forces, we have it directly from the District Court that the segregative effects of KCMSD's constitutional violation did not transcend its geographical boundaries. In light of that finding, the District Court cannot order remedies seeking to rectify regional demographic trends that go beyond the nature and scope of the constitutional violation.
This case, like other school desegregation litigation, is concerned with "the elimination of the discrimination inherent in the dual school systems, not with myriad factors of human existence which can cause discrimination in a multitude of ways on racial, religious, or ethnic grounds." Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1, 22 (1971). Those myriad factors are not readily corrected by judicial intervention, but are best addressed by the representative branches; time and again, we have recognized the ample authority legislatures possess to combat racial injustice, see, e. g., Wisconsin v. Mitchell, 508 U.S. ___, ___ (1993)(slip op., at 7-9); Jones v. Alfred H. Mayer Co, 392 U.S. 409 , [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 11] 443-444 (1968); Katzenbach v. Morgan, 384 U.S. 641, 651 (1966); South Carolina v. Katzenbach, 383 U.S. 301, 326 (1966). It is true that where such legislative efforts classify persons on the basis of their race, we have mandated strict judicial scrutiny to ensure that the personal right to equal protection of the laws has not been infringed. Richmond v. J. A. Croson Co, 488 U.S. 469, 493 -494 (1989) (plurality opinion). But it is not true that strict scrutiny is "strict in theory, but fatal in fact," Fullilove v. Klutznick, 448 U.S. 448, 519 (1980) (Marshall, J., concurring in judgment); cf. post, at 8 (Thomas, J., concurring). It is only by applying strict scrutiny that we can distinguish between unconstitutional discrimination and narrowly tailored remedial programs that legislatures may enact to further the compelling governmental interest in redressing the effects of past discrimination.
Courts, however, are different. The necessary restrictions on our jurisdiction and authority contained in Article III of the Constitution limit the judiciary's institutional capacity to prescribe palliatives for societal ills. The unfortunate fact of racial imbalance and bias in our society, however pervasive or invidious, does not admit of judicial intervention absent a constitutional violation. Thus, even though the Civil War Amendments altered the balance of authority between federal and state legislatures, see Ex parte Virginia, 100 U.S. 339, 345 (1880), Justice Thomas cogently observes that "what the federal courts cannot do at the federal level they cannot do against the States; in either case, Article III courts are constrained by the inherent constitutional limitations on their powers." Post, at 21. Unlike Congress, which enjoys "`discretion in determining whether and what legislation is needed to secure the guarantees of the Fourteenth Amendment,'" Croson, 488 U.S., at 490 (quoting Katzenbach v. Morgan, 384 U.S., at 651 ), federal courts have no comparable license and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 12] must always observe their limited judicial role. Indeed, in the school desegregation context, federal courts are specifically admonished to "take into account the interests of state and local authorities in managing their own affairs," Milliken v. Bradley, 433 U.S. 267, 281 (1977) (Milliken II), in light of the intrusion into the area of education, "where States historically have been sovereign," United States v. Lopez, 514 U.S. ___, ___ (1995) (slip op. at 16), and "to which States lay claim by right of history and expertise," id., at ___ (Kennedy, J., concurring) (slip op. at 16).
In this case, it may be the "myriad factors of human existence," Swann, supra, at 22, that have prompted the white exodus from KCMSD, and the District Court cannot justify its transgression of the above constitutional principles simply by invoking desegregative attractiveness. The Court today discusses desegregative attractiveness only insofar as it supports the salary increase order under review, see ante, at 12-13, 18, and properly refrains from addressing the propriety of all the remedies that the District Court has ordered, revised, and extended in the 18-year history of this case. These remedies may also be improper to the extent that they serve the same goals of desegregative attractiveness and suburban comparability that we hold today to be impermissible, and, conversely, the District Court may be able to justify some remedies without reliance on these goals. But these are questions that the Court rightly leaves to be answered on remand. For now, it is enough to affirm the principle that "the nature of the desegregation remedy is to be determined by the nature and scope of the constitutional violation." Milliken II, supra, at 280.
For these reasons, I join the opinion of the Court. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 1]
JUSTICE THOMAS, concurring.
It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior. Instead of focusing on remedying the harm done to those black schoolchildren injured by segregation, the District Court here sought to convert the Kansas City, Missouri, School District (KCMSD) into a "magnet district" that would reverse the "white flight" caused by desegregation. In this respect, I join the Court's decision concerning the two remedial issues presented for review. I write separately, however, to add a few thoughts with respect to the overall course of this litigation. In order to evaluate the scope of the remedy, we must understand the scope of the constitutional violation and the nature of the remedial powers of the federal courts.
Two threads in our jurisprudence have produced this unfortunate situation, in which a District Court has taken it upon itself to experiment with the education of the KCMSD's black youth. First, the court has read our cases to support the theory that black students suffer an unspecified psychological harm from segregation that retards their mental and educational development. This approach not only relies upon questionable social science research rather than constitutional principle, but it also [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 2] rests on an assumption of black inferiority. Second, we have permitted the federal courts to exercise virtually unlimited equitable powers to remedy this alleged constitutional violation. The exercise of this authority has trampled upon principles of federalism and the separation of powers and has freed courts to pursue other agendas unrelated to the narrow purpose of precisely remedying a constitutional harm.
The mere fact that a school is black does not mean that it is the product of a constitutional violation. A "racial imbalance does not itself establish a violation of the Constitution." United States v. Fordice, 505 U.S. ___, ___ (1992) (THOMAS, J., concurring) (slip op., at 2). Instead, in order to find unconstitutional segregation, we require that plaintiffs "prove all of the essential elements of de jure segregation - that is, stated simply, a current condition of segregation resulting from intentional state action directed specifically to the [allegedly segregated] schools." Keyes v. School Dist. No. 1, Denver, 413 U.S. 189, 205 -206 (1973) (emphasis added). "[T]he differentiating factor between de jure segregation and so-called de facto segregation . . . is purpose or intent to segregate." Id., at 208 (emphasis in original).
In the present case, the District Court inferred a continuing constitutional violation from two primary facts: the existence of de jure segregation in the KCMSD prior to 1954, and the existence of de facto segregation today. The District Court found that in 1954, the KCMSD operated 16 segregated schools for black students, and that in 1974 39 schools in the district were more than 90% black. Desegregation efforts reduced this figure somewhat, but the District Court stressed that 24 schools remained "racially isolated," that is, more than 90% black, in 1983-1984. Jenkins v. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 3] Missouri, 593 F. Supp. 1485, 1492-1493 (WD Mo. 1984). For the District Court, it followed that the KCMSD had not dismantled the dual system entirely. Id., at 1493. The District Court also concluded that because of the KCMSD's failure to "become integrated on a system-wide basis," the dual system still exerted "lingering effects" upon KCMSD black students, whose "general attitude of inferiority" produced "low achievement . . . which ultimately limits employment opportunities and causes poverty." Id., at 1492.
Without more, the District Court's findings could not have supported a finding of liability against the state. It should by now be clear that the existence of one-race schools is not by itself an indication that the State is practicing segregation. See, e.g., Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1, 26 (1971); Pasadena City Bd. of Ed. v. Spangler, 427 U.S. 424, 435 -437 (1976); Freeman v. Pitts, 503 U.S. 467, 493 -494 (1992). The continuing "racial isolation" of schools after de jure segregation has ended may well reflect voluntary housing choices or other private decisions. Here, for instance, the demography of the entire KCMSD has changed considerably since 1954. Though blacks accounted for only 18.9% of KCMSD's enrollment in 1954, by 1983-1984 the school district was 67.7% black. 593 F. Supp., at 1492, 1495. That certain schools are overwhelmingly black in a district that is now more than two-thirds black is hardly a sure sign of intentional state action.
In search of intentional state action, the District Court linked the State and the dual school system of 1984 in two ways. First, the Court found that "[i]n the past" the State had placed its "imprimatur on racial discrimination." As the Court explained, laws from the Jim Crow era created "an atmosphere in which . . . private white individuals could justify their bias and prejudice against blacks," with the possible result that private [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 4] realtors, bankers, and insurers engaged in more discriminatory activities than would otherwise have occurred. 593 F. Supp., at 1503. But the District Court itself acknowledged that the State's alleged encouragement of private discrimination was a fairly tenuous basis for finding liability. Ibid. The District Court therefore rested the State's liability on the simple fact that the State had intentionally created the dual school system before 1954, and had failed to fulfill "its affirmative duty of disestablishing a dual school system subsequent to 1954." Id., at 1504. According to the District Court, the schools whose student bodies were more than 90% black constituted "vestiges" of the prior de jure segregation, which the State and the KCMSD had an obligation to eliminate. Id., at 1504, 1506. Later, in the course of issuing its first "remedial" order, the District Court added that a "system wide reduction in student achievement in the schools of . . . KCMSD" was also a vestige of the prior de jure segregation. Jenkins v. Missouri, 639 F. Supp. 19, 24 (WD Mo. 1985) (emphasis deleted). 1 In a subsequent order, the District Court indicated that post-1954 "white flight" was another vestige of the pre-1954 segregated system. 1 App. 126.
In order for a "vestige" to supply the ground for an exercise of remedial authority, it must be clearly traceable to the dual school system. The "vestiges of segregation that are the concern of the law in a school case may be subtle and intangible but nonetheless they must be so real that they have a causal link to the de jure violation being remedied." Freeman v. Pitts, 503 U.S., at 406 . District Courts must not confuse the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 5] consequences of de jure segregation with the results of larger social forces or of private decisions. "It is simply not always the case that demographic forces causing population change bear any real and substantial relation to a de jure violation." Ibid.; accord, id., at 501 (SCALIA, J., concurring); Columbus Bd. of Ed. v. Penick, 443 U.S. 449, 512 (1979) (REHNQUIST, J., dissenting); Pasadena City Bd. of Ed. v. Spangler, supra, at 435-436. As state-enforced segregation recedes farther into the past, it is more likely that "these kinds of continuous and massive demographic shifts," Freeman, 503 U.S., at 495 , will be the real source of racial imbalance or of poor educational performance in a school district. And as we have emphasized, "[i]t is beyond the authority and beyond the practical ability of the federal courts to try to counteract" these social changes. Ibid.
When a district court holds the State liable for discrimination almost 30 years after the last official state action, it must do more than show that there are schools with high black populations or low test scores. Here, the district judge did not make clear how the high black enrollments in certain schools were fairly traceable to the State of Missouri's actions. I do not doubt that Missouri maintained the despicable system of segregation until 1954. But I question the District Court's conclusion that because the State had enforced segregation until 1954, its actions, or lack thereof, proximately caused the "racial isolation" of the predominantly black schools in 1984. In fact, where, as here, the finding of liability comes so late in the day, I would think it incumbent upon the District Court to explain how more recent social or demographic phenomena did not cause the "vestiges." This the District Court did not do.
Without a basis in any real finding of intentional government action, the District Court's imposition of [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 6] liability upon the State of Missouri improperly rests upon a theory that racial imbalances are unconstitutional. That is, the court has "indulged the presumption, often irrebuttable in practice, that a presently observed [racial] imbalance has been proximately caused by intentional state action during the prior de jure era." United States v. Fordice, 505 U.S., at ___ (THOMAS, J., concurring) (slip op., at 2) (citing Dayton Bd. of Ed. v. Brinkman, 443 U.S. 526, 537 (1979), and Keyes v. School Dist. No. 1, 413 U.S., at 211 ). In effect, the court found that racial imbalances constituted an ongoing constitutional violation that continued to inflict harm on black students. This position appears to rest upon the idea that any school that is black is inferior, and that blacks cannot succeed without the benefit of the company of whites.
The District Court's willingness to adopt such stereotypes stemmed from a misreading of our earliest school desegregation case. In Brown v. Board of Education, 347 U.S. 483 (1954) (Brown I), the Court noted several psychological and sociological studies purporting to show that de jure segregation harmed black students by generating "a feeling of inferiority" in them. Seizing upon this passage in Brown I, the District Court asserted that "forced segregation ruins attitudes and is inherently unequal." 593 F. Supp., at 1492. The District Court suggested that this inequality continues in full force even after the end of de jure segregation:
"The general attitude of inferiority among blacks produces low achievement which ultimately limits employment opportunities and causes poverty. While it may be true that poverty results in low achievement regardless of race, it is undeniable that most poverty-level families are black. The District stipulated that as of 1977 they had not eliminated all the vestiges of the prior dual system. The Court finds the inferior education indigenous of the state-compelled [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 7] dual school system has lingering effects in the [KCMSD]." Ibid. (citations omitted).
Thus, the District Court seemed to believe that black students in the KCMSD would continue to receive an "inferior education" despite the end of de jure segregation, as long as de facto segregation persisted. As the District Court later concluded, compensatory educational programs were necessary "as a means of remedying many of the educational problems which go hand in hand with racially isolated minority student populations." 639 F. Supp., at 25. Such assumptions and any social science research upon which they rely certainly cannot form the basis upon which we decide matters of constitutional principle. 2
It is clear that the District Court misunderstood the meaning of Brown I. Brown I did not say that "racially [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 8] isolated" schools were inherently inferior; the harm that it identified was tied purely to de jure segregation, not de facto segregation. Indeed, Brown I itself did not need to rely upon any psychological or social-science research in order to announce the simple, yet fundamental truth that the Government cannot discriminate among its citizens on the basis of race. See McConnell, Originalism and the Desegregation Decisions, 81 Va. L. Rev. 947 (1995). As the Court's unanimous opinion indicated: "[I]n the field of public education the doctrine of `separate but equal' has no place. Separate educational facilities are inherently unequal." Brown I, 347 U.S., at 495 . At the heart of this interpretation of the Equal Protection Clause lies the principle that the Government must treat citizens as individuals, and not as members of racial, ethnic or religious groups. It is for this reason that we must subject all racial classifications to the strictest of scrutiny, which (aside from two decisions rendered in the midst of wartime, see Hirabayashi v. United States, 320 U.S. 81 (1943); Korematsu v. United States, 323 U.S. 214 (1944)) has proven automatically fatal.
Segregation was not unconstitutional because it might have caused psychological feelings of inferiority. Public school systems that separated blacks and provided them with superior educational resources making blacks "feel" superior to whites sent to lesser schools - would violate the Fourteenth Amendment, whether or not the white students felt stigmatized, just as do school systems in which the positions of the races are reversed. Psychological injury or benefit is irrelevant to the question whether state actors have engaged in intentional discrimination the critical inquiry for ascertaining violations of the Equal Protection Clause. The judiciary is fully competent to make independent determinations concerning the existence of state action without the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 9] unnecessary and misleading assistance of the social sciences.
Regardless of the relative quality of the schools, segregation violated the Constitution because the State classified students based on their race. Of course, segregation additionally harmed black students by relegating them to schools with substandard facilities and resources. But neutral policies, such as local school assignments, do not offend the Constitution when individual private choices concerning work or residence produce schools with high black populations. See Keyes v. School Dist. No. 1, 413 U.S., at 211 . The Constitution does not prevent individuals from choosing to live together, to work together, or to send their children to school together, so long as the State does not interfere with their choices on the basis of race.
Given that desegregation has not produced the predicted leaps forward in black educational achievement, there is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment. Indeed, it may very well be that what has been true for historically black colleges is true for black middle and high schools. Despite their origins in "the shameful history of state-enforced segregation," these institutions can be "`both a source of pride to blacks who have attended them and a source of hope to black families who want the benefits of . . . learning for their children.'" Fordice, 505 U.S., at ___ (THOMAS, J., concurring) (slip op., at 4). Because of their "distinctive histories and traditions," id., at ___ (slip op., at 5), black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement.
Thus, even if the District Court had been on firmer ground in identifying a link between the KCMSD's pre-1954 de jure segregation and the present "racial isolation" [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 10] of some of the district's schools, mere de facto segregation (unaccompanied by discriminatory inequalities in educational resources) does not constitute a continuing harm after the end of de jure segregation. "Racial isolation" itself is not a harm; only state-enforced segregation is. After all, if separation itself is a harm, and if integration therefore is the only way that blacks can receive a proper education, then there must be something inferior about blacks. Under this theory, segregation injures blacks because blacks, when left on their own, cannot achieve. To my way of thinking, that conclusion is the result of a jurisprudence based upon a theory of black inferiority.
This misconception has drawn the courts away from the important goal in desegregation. The point of the Equal Protection Clause is not to enforce strict race-mixing, but to ensure that blacks and whites are treated equally by the State without regard to their skin color. The lower courts should not be swayed by the easy answers of social science, nor should they accept the findings, and the assumptions, of sociology and psychology at the price of constitutional principle.
We have authorized the district courts to remedy past de jure segregation by reassigning students in order to eliminate or decrease observed racial imbalances, even if present methods of pupil assignment are facially neutral. See Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971); Green v. School Bd. of New Kent County, 391 U.S. 430 (1968). The District Court here merely took this approach to its logical next step. If racial proportions are the goal, then schools must improve their facilities to attract white students until the district's racial balance is restored to the "right" proportions. Thus, fault for the problem we correct today lies not only with a twisted theory of racial [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 11] injuries, but also with our approach to the remedies necessary to correct racial imbalances.
The District Court's unwarranted focus on the psychological harm to blacks and on racial imbalances has been only half of the tale. Not only did the court subscribe to a theory of injury that was predicated on black inferiority, it also married this concept of liability to our expansive approach to remedial powers. We have given the federal courts the freedom to use any measure necessary to reverse problems - such as racial isolation or low educational achievement - that have proven stubbornly resistant to government policies. We have not permitted constitutional principles such as federalism or the separation of powers to stand in the way of our drive to reform the schools. Thus, the District Court here ordered massive expenditures by local and state authorities, without congressional or executive authorization and without any indication that such measures would attract whites back to KCMSD or raise KCMSD test scores. The time has come for us to put the genie back in the bottle.
The Constitution extends "[t]he judicial Power of the United States" to "all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made . . . under their Authority." Art. III, 1, 2. I assume for purposes of this case that the remedial authority of the federal courts is inherent in the "judicial Power," as there is no general equitable remedial power expressly granted by the Constitution or by statute. As with any inherent judicial power, however, we ought to be reluctant to approve its aggressive or extravagant use, and instead we should exercise it in a manner consistent with our history and traditions. See Chambers v. NASCO, Inc., 501 U.S. 32, 63 -76 (1991) (KENNEDY, J., dissenting); Young v. United [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 12] States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 815 -825 (1987) (SCALIA, J., concurring in judgment).
Motivated by our worthy desire to eradicate segregation, however, we have disregarded this principle and given the courts unprecedented authority to shape a remedy in equity. Although at times we have invalidated a decree as beyond the bounds of an equitable remedy, see Milliken v. Bradley, 418 U.S. 717 (1974) (Milliken I), these instances have been far outnumbered by the expansions in the equity power. In United States v. Montgomery Cty. Bd. of Ed., 395 U.S. 225 (1969), for example, we allowed federal courts to desegregate faculty and staff according to specific mathematical ratios, with the ultimate goal that each school in the system would have roughly the same proportions of white and black faculty. In Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971), we permitted federal courts to order busing, to set racial targets for school populations, and to alter attendance zones. And in Milliken v. Bradley, 433 U.S. 267 (1977) (Milliken II), we approved the use of remedial or compensatory education programs paid for by the State.
In upholding these court-ordered measures, we indicated that trial judges had virtually boundless discretion in crafting remedies once they had identified a constitutional violation. As Swann put it, "[o]nce a right and a violation have been shown, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and flexibility are inherent in equitable remedies." 402 U.S., at 15 . We did say that "the nature of the violation determines the scope of the remedy," id., at 16, but our very next sentence signaled how weak that limitation was: "[i]n default by the school authorities of their obligation to proffer acceptable remedies, a district court has broad power to fashion a remedy that will assure a unitary school system." Ibid. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 13]
It is perhaps understandable that we permitted the lower courts to exercise such sweeping powers. Although we had authorized the federal courts to work toward "a system of determining admission to the public schools on a nonracial basis" in Brown v. Board of Education, 349 U.S. 294, 300 -301 (1955) (Brown II), resistance to Brown I produced little desegregation by the time we decided Green v. School Board of New Kent County, supra. Our impatience with the pace of desegregation and with the lack of a good-faith effort on the part of school boards led us to approve such extraordinary remedial measures. But such powers should have been temporary and used only to overcome the widespread resistance to the dictates of the Constitution. The judicial overreaching we see before us today perhaps is the price we now pay for our approval of such extraordinary remedies in the past.
Our prior decision in this litigation suggested that we would approve the continued use of these expansive powers even when the need for their exercise had disappeared. In Missouri v. Jenkins, 495 U.S. 33 (1990) (Jenkins I), the District Court in this case had ordered an increase in local property taxes in order to fund its capital improvements plan. KCMSD, which had been ordered by the Court to finance 25% of the plan, could not pay its share due to state constitutional and statutory provisions placing a cap on property taxes. Id., at 38, 41. Although we held that principles of comity barred the District Court from imposing the tax increase itself (except as a last resort), we also concluded that the Court could order KCMSD to raise taxes, and could enjoin the state laws preventing KCMSD from doing so. With little analysis, we held that "a court order directing a local government body to levy its own taxes is plainly a judicial act within the power of a federal court." Id., at 55. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 14]
Our willingness to unleash the federal equitable power has reached areas beyond school desegregation. Federal courts have used "structural injunctions," as they are known, not only to supervise our Nation's schools, but also to manage prisons, see Hutto v. Finney, 437 U.S. 678 (1978), mental hospitals, Thomas S. v. Flaherty, 902 F.2d 250 (CA4), cert. denied, 498 U.S. 951 (1990), and public housing, Hills v. Gautreaux, 425 U.S. 284 (1976). See generally D. Horowitz, The Courts and Social Policy 4-9 (1977). Judges have directed or managed the reconstruction of entire institutions and bureaucracies, with little regard for the inherent limitations on their authority.
Such extravagant uses of judicial power are at odds with the history and tradition of the equity power and the Framers' design. The available historical records suggest that the Framers did not intend federal equitable remedies to reach as broadly as we have permitted. Anticipating the growth of our modern doctrine, the Anti-Federalists criticized the Constitution because it might be read to grant broad equitable powers to the federal courts. In response, the defenders of the Constitution "sold" the new framework of government to the public by espousing a narrower interpretation of the equity power. When an attack on the Constitution is followed by an open Federalist effort to narrow the provision, the appropriate conclusion is that the drafters and ratifiers of the Constitution approved the more limited construction offered in response. See McIntyre v. Ohio Elections Commission, 514 U.S. ___, ___ (1995) (THOMAS, J., concurring in judgment) (slip op., at 10).
The rise of the English equity courts as an alternative to the rigors of the common law, and the battle between the courts of equity and the courts of common law, is by now a familiar tale. See T. Plucknett, A Concise [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 15] History of the Common Law 191-198, 673-694 (5th ed. 1956). By the middle of the 18th century, equity had developed into a precise legal system encompassing certain recognized categories of cases, such as those involving special property forms (trusts) or those in which the common law did not provide relief (fraud, forgery, or mistake). See 5 W. Holdsworth, History of English Law 300-338 (1927); S. Milsom, Historical Foundations of the Common Law 85-87 (1969); J. Baker, An Introduction to English Legal History 93-95 (2d ed. 1979). In this fixed system, each of these specific actions then called for a specific equitable remedy.
Blackstone described the principal differences between courts of law and courts of equity as lying only in the "modes of administering justice," - "in the mode of proof, the mode of trial, and the mode of relief." 3 W. Blackstone, Commentaries 436 (1768). As to the last, the English jurist noted that courts of equity held a concurrent jurisdiction when there is a "want of a more specific remedy, than can be obtained in the courts of law." Id., at 438. Throughout his discussion, Blackstone emphasized that courts of equity must be governed by rules and precedents no less than the courts of law. "[I]f a court of equity were still at sea, and floated upon the occasional opinion which the judge who happened to preside might entertain of conscience in every particular case, the inconvenience that would arise from this uncertainty, would be a worse evil than any hardship that could follow from rules too strict and inflexible." Id., at 440. If their remedial discretion had not been cabined, Blackstone warned, equity courts would have undermined the rule of law and produced arbitrary government. "[The judiciary's] powers would have become too arbitrary to have been endured in a country like this, which boasts of being governed in all respects [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 16] by law and not by will." Ibid. (footnote omitted); see also 1 id., at 61-62. 3
So cautioned, the Framers approached equity with suspicion. As Thomas Jefferson put it, "Relieve the judges from the rigour of text law, and permit them, with pretorian discretion, to wander into it's equity, and the whole legal system becomes incertain." 9 Papers of Thomas Jefferson 71 (J. Boyd ed. 1954). Suspicion of judicial discretion led to criticism of Article III during the ratification of the Constitution. Anti-Federalists attacked the Constitution's extension of the federal judicial power to "Cases, in Law and Equity," arising under the Constitution and federal statutes. According to the Anti-Federalists, the reference to equity granted federal judges excessive discretion to deviate from the requirements of the law. Said the "Federal Farmer," "by thus joining the word equity with the word law, if we mean any thing, we seem to mean to give the judge a discretionary power." Federal Farmer No. 15, January 18, 1788, in 2 The Complete Anti-Federalist 322 (H. Storing ed. 1981) (hereinafter Storing). He hoped that the Constitution's mention of equity jurisdiction was not "intended to lodge an arbitrary power or discretion in the judges, to decide as their conscience, their opinions, their caprice, or their politics might dictate." Id., at 322-323. 4 Another Anti-Federalist, Brutus, argued that [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 17] the equity power would allow federal courts to "explain the constitution according to the reasoning spirit of it, without being confined to the words or letter." Brutus No. 11, January 31, 1788, id., at 419. This, predicted Brutus, would result in the growth of federal power and the "entire subversion of the legislative, executive and judicial powers of the individual states." Id., at 420. See G. McDowell, Equity and the Constitution 43-44 (1982).
These criticisms provoked a Federalist response that explained the meaning of Article III's words. Answering the Anti-Federalist challenge in The Federalist Papers, Alexander Hamilton described the narrow role that the federal judicial power would play. Initially, Hamilton conceded that the federal courts would have some freedom in interpreting the laws and that federal judges would have lifetime tenure. The Federalist No. 78, p. 528 (J. Cooke ed. 1961). Nonetheless, Hamilton argued (as Blackstone had in describing the English equity courts) that rules and established practices would limit and control the judicial power: "To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them." Id., at 529. Cf. 1 J. Story, Commentaries on Equity Jurisprudence 18-20, pp. 15-17 (I. Redfield 9th ed. 1866). Hamilton emphasized that "[t]he great and primary use of a court of equity is to give relief in extraordinary cases," and that "the principles by which that relief is [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 18] governed are now reduced to a regular system." The Federalist No. 83, at 569, and n.
In response to Anti-Federalist concerns that equity would permit federal judges an unchecked discretion, Hamilton explicitly relied upon the precise nature of the equity system that prevailed in England and had been transplanted in America. Equity jurisdiction was necessary, Hamilton argued, because litigation "between individuals" often would contain claims of "fraud, accident, trust or hardship, which would render the matter an object of equitable, rather than of legal jurisdiction." Id., No. 80, at 539. "In such cases," Hamilton concluded, "where foreigners were concerned on either side, it would be impossible for the federal judicatories to do justice without an equitable, as well as a legal jurisdiction." Id., at 540. Thus, Hamilton sought to narrow the expansive Anti-Federalist reading of inherent judicial equity power by demonstrating that the defined nature of the English and colonial equity system - with its specified claims and remedies - would continue to exist under the federal judiciary. In line with the prevailing understanding of equity at the time, Hamilton described Article III "equity" as a jurisdiction over certain types of cases rather than as a broad remedial power. Hamilton merely repeated the well-known principle that equity would be controlled no less by rules and practices than was the common law.
In light of this historical evidence, it should come as no surprise that there is no early record of the exercise of broad remedial powers. Certainly there were no "structural injunctions" issued by the federal courts, nor were there any examples of continuing judicial supervision and management of governmental institutions. Such exercises of judicial power would have appeared to violate principles of state sovereignty and of the separation of powers as late in the day as the turn of the century. "Born out of the desegregation litigation in the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 19] 1950's and 1960's, suits for affirmative injunctions were virtually unknown when the Court decided Ex parte Young, [209 U.S. 123, 158 (1908).]" Dwyer, Pendent Jurisdiction and the Eleventh Amendment, 75 Cal. L. Rev. 129, 162 (1987) (footnotes omitted). Indeed, it appears that the framers continued to follow English equity practice well after the Ratification. See, e.g., Robinson v. Campbell, 3 Wheat. 212, 221-223 (1818). At the very least, given the Federalists' public explanation during the ratification of the federal equity power, we should exercise the power to impose equitable remedies only sparingly, subject to clear rules guiding its use.
Two clear restraints on the use of the equity power - federalism and the separation of powers - derive from the very form of our Government. Federal courts should pause before using their inherent equitable powers to intrude into the proper sphere of the States. We have long recognized that education is primarily a concern of local authorities. "[L]ocal autonomy of school districts is a vital national tradition." Dayton Bd. of Ed. v. Brinkman, 433 U.S. 406, 410 (1977); see also United States v. Lopez, 514 U.S. ___, ___ (1995) (slip op., at 14) (KENNEDY, J., concurring); Milliken I, 418 U.S., at 741 -742; San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1, 50 (1973); ante, at 11 (O'CONNOR, J., concurring). A structural reform decree eviscerates a State's discretionary authority over its own program and budgets and forces state officials to reallocate state resources and funds to the desegregation plan at the expense of other citizens, other government programs, and other institutions not represented in court. See Dwyer, supra, at 163. When District Courts seize complete control over the schools, they strip state and local governments of one of their most important [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 20] governmental responsibilities, and thus deny their existence as independent governmental entities.
Federal courts do not possess the capabilities of state and local governments in addressing difficult educational problems. State and local school officials not only bear the responsibility for educational decisions, they also are better equipped than a single federal judge to make the day-to-day policy, curricular, and funding choices necessary to bring a school district into compliance with the Constitution. See Wright v. Council of City of Emporia, 407 U.S. 451, 477 -478 (1972) (Burger, C. J., dissenting). 5 Federal courts simply cannot gather sufficient information to render an effective decree, have limited resources to induce compliance, and cannot seek political and public support for their remedies. See generally P. Schuck, Suing Government 150-181 (1983). When we presume to have the institutional ability to set effective educational, budgetary, or administrative policy, we transform the least dangerous branch into the most dangerous one. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 21]
The separation of powers imposes additional restraints on the judiciary's exercise of its remedial powers. To be sure, this is not a case of one branch of Government encroaching on the prerogatives of another, but rather of the power of the Federal Government over the States. Nonetheless, what the federal courts cannot do at the federal level they cannot do against the States; in either case, Article III courts are constrained by the inherent constitutional limitations on their powers. There simply are certain things that courts, in order to remain courts, cannot and should not do. There is no difference between courts running school systems or prisons and courts running executive branch agencies.
In this case, not only did the district court exercise the legislative power to tax, it also engaged in budgeting, staffing, and educational decisions, in judgments about the location and aesthetic quality of the schools, and in administrative oversight and monitoring. These functions involve a legislative or executive, rather than a judicial, power. See generally Jenkins I, 495 U.S., at 65 -81 (KENNEDY, J., concurring in part and concurring in judgment); Nagel, Separation of Powers and the Scope of Federal Equitable Remedies, 30 Stan. L. Rev. 661 (1978). As Alexander Hamilton explained the limited authority of the federal courts: "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body." The Federalist No. 78, at 526. Federal judges cannot make the fundamentally political decisions as to which priorities are to receive funds and staff, which educational goals are to be sought, and which values are to be taught. When federal judges undertake such local, day-to-day tasks, they detract from the independence and dignity of the federal courts and intrude into areas in which they have [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 22] little expertise. Cf. Mishkin, Federal Courts as State Reformers, 35 Wash. & Lee L. Rev. 949 (1978).
It is perhaps not surprising that broad equitable powers have crept into our jurisprudence, for they vest judges with the discretion to escape the constraints and dictates of the law and legal rules. But I believe that we must impose more precise standards and guidelines on the federal equitable power, not only to restore predictability to the law and reduce judicial discretion, but also to ensure that constitutional remedies are actually targeted toward those who have been injured.
The dissent's approval of the District Court's treatment of salary increases is typical of this Court's failure to place limits on the equitable remedial power. The dissent frames the inquiry thus: "[t]he only issue, then, is whether the salary increases ordered by the District Court have been reasonably related towards achieving" the goal of remedying a systemwide reduction in student achievement, "keeping in mind the broad discretion enjoyed by the District Court in exercising its equitable powers." Post, at 18. In response to its question, the dissent concludes that "it is difficult to see how the District Court abused its discretion" in either the 1992 or 1993 orders, post, at 19, and characterizes the lower court's orders as "beyond reproach," post, at 21. When the standard of review is as vague as whether "federal-court decrees . . . directly address and relate to the constitutional violation," Milliken II, 433 U.S., at 281 -282, it is difficult to ever find a remedial order "unreasonable." Such criteria provide District Courts with little guidance, and provide appellate courts few principles with which to review trial court decisions. If the standard reduces to what one believes is a "fair" remedy, or what vaguely appears to be a good "fit" between violation and remedy, then there is little hope [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 23] of imposing the constraints on the equity power that the framers envisioned and that our constitutional system requires.
Contrary to the dissent's conclusion, the District Court's remedial orders are in tension with two common-sense principles. First, the District Court retained jurisdiction over the implementation and modification of the remedial decree, instead of terminating its involvement after issuing its remedy. Although briefly mentioned in Brown II as a temporary measure to overcome local resistance to desegregation, 349 U.S., at 301 ("[d]uring this period of transition, the courts will retain jurisdiction"), this concept of continuing judicial involvement has permitted the District Courts to revise their remedies constantly in order to reach some broad, abstract, and often elusive goal. Not only does this approach deprive the parties of finality and a clear understanding of their responsibilities, but it also tends to inject the judiciary into the day-to-day management of institutions and local policies - a function that lies outside of our Article III competence. Cf. Fuller, The Forms and Limits of Adjudication, 92 Harv. L. Rev. 353 (1978).
Much of the District Court's overreaching in this case occurred because it employed this hit-or-miss method to shape, and reshape, its remedial decree. 6 Using its [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 24] authority of continuing jurisdiction, the Court pursued its goal of decreasing "racial isolation" regardless of the cost or of the difficulties of engineering demographic changes. Wherever possible, district courts should focus their remedial discretion on devising and implementing a unified remedy in a single decree. This method would still provide the lower courts with substantial flexibility to tailor a remedy to fit a violation, and courts could employ their contempt power to ensure compliance. To ensure that they do not overstep the boundaries of their Article III powers, however, district courts should refrain from exercising their authority in a manner that supplants the proper sphere reserved to the political branches, who have a coordinate duty to enforce the Constitution's dictates, and to the States, whose authority over schools we have long sought to preserve. Only by remaining aware of the limited nature of its remedial powers, and by giving the respect due to other governmental authorities, can the Judiciary ensure that its desire to do good will not tempt it into abandoning its limited role in our constitutional Government.
Second, the District Court failed to target its equitable remedies in this case specifically to cure the harm suffered by the victims of segregation. Of course, the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 25] initial and most important aspect of any remedy will be to eliminate any invidious racial distinctions in matters such as student assignments, transportation, staff, resource allocation, and activities. This element of most desegregation decrees is fairly straightforward and has not produced many examples of overreaching by the district courts. It is the "compensatory" ingredient in many desegregation plans that has produced many of the difficulties in the case before us.
Having found that segregation "has caused a system wide reduction in student achievement in the schools of the KCMSD," 639 F. Supp., at 24, the District Court ordered the series of magnet school plans, educational programs, and capital improvements that the Court criticizes today because of their interdistrict nature. In ordering these programs, the District Court exceeded its authority by benefitting those who were not victims of discriminatory conduct. KCMSD as a whole may have experienced reduced achievement levels, but raising the test scores of the entire district is a goal that is not sufficiently tailored to restoring the victims of segregation to the position they would have occupied absent discrimination. A school district cannot be discriminated against on the basis of its race, because a school district has no race. It goes without saying that only individuals can suffer from discrimination, and only individuals can receive the remedy.
Of course, a district court may see fit to order necessary remedies that have the side effect of benefitting those who were not victims of segregation. But the court cannot order broad remedies that indiscriminately benefit a school district as a whole, rather than the individual students who suffered from discrimination. Not only do such remedies tend to indicate "efforts to achieve broader purposes lying beyond" the scope of the violation, Swann, 402 U.S., at 22 , but they also force [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 26] state and local governments to work toward the benefit of those who have suffered no harm from their actions.
To ensure that district courts do not embark on such broad initiatives in the future, we should demand that remedial decrees be more precisely designed to benefit only those who have been victims of segregation. Race-conscious remedies for discrimination not only must serve a compelling governmental interest (which is met in desegregation cases), but also must be narrowly tailored to further that interest. See Richmond v. J. A. Croson Co., 488 U.S. 469, 509 -510 (1989) (plurality opinion). In the absence of special circumstances, the remedy for de jure segregation ordinarily should not include educational programs for students who were not in school (or were even alive) during the period of segregation. Although I do not doubt that all KCMSD students benefit from many of the initiatives ordered by the court below, it is for the democratically accountable state and local officials to decide whether they are to be made available even to those who were never harmed by segregation.
This Court should never approve a State's efforts to deny students, because of their race, an equal opportunity for an education. But the federal courts also should avoid using racial equality as a pretext for solving social problems that do not violate the Constitution. It seems apparent to me that the District Court undertook the worthy task of providing a quality education to the children of KCMSD. As far as I can tell, however, the District Court sought to bring new funds and facilities into the KCMSD by finding a constitutional violation on the part of the State where there was none. Federal courts should not lightly assume that States have caused "racial isolation" in 1984 by maintaining a segregated school system in 1954. We must forever put aside the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 27] notion that simply because a school district today is black, it must be educationally inferior.
Even if segregation were present, we must remember that a deserving end does not justify all possible means. The desire to reform a school district, or any other institution, cannot so captivate the Judiciary that it forgets its constitutionally mandated role. Usurpation of the traditionally local control over education not only takes the judiciary beyond its proper sphere, it also deprives the States and their elected officials of their constitutional powers. At some point, we must recognize that the judiciary is not omniscient, and that all problems do not require a remedy of constitutional proportions.
[ Footnote 1 ] It appears that the low achievement levels were never properly attributed to any discriminatory actions on the part of the State or of KCMSD. The District Court simply found that the KCMSD's test scores were below national norms in reading and mathematics. 639 F. Supp., at 25. Without more, these statistics are meaningless.
[ Footnote 2 ] The studies cited in Brown I have received harsh criticism. See, e.g., Yudof, School Desegregation: Legal Realism, Reasoned Elaboration, and Social Science Research in the Supreme Court, 42 L. & Contemp. Probs. 57, 70 (Autumn 1978); L. Graglia, Disaster by Decree: The Supreme Court Decisions on Race and the Schools 27-28 (1976). Moreover, there simply is no conclusive evidence that desegregation either has sparked a permanent jump in the achievement scores of black children, or has remedied any psychological feelings of inferiority black schoolchildren might have had. See, e.g., Bradley & Bradley, The Academic Achievement of Black Students in Desegregated Schools, 47 Rev. Educational Research 399 (1977); N. St. John, School Desegregation: Outcomes for Children (1975); Epps, The Impact of School Desegregation on Aspirations, Self-Concepts and Other Aspects of Personality, 39 L. & Contemp. Probs. 300 (Spring 1975). Contra Crain & Mahard, Desegregation and Black Achievement: A Review of the Research, 42 L. & Contemp. Probs. 17 (Summer 1978); Crain & Mahard, The Effect of Research Methodology on Desegregation-Achievement Studies: A Meta-Analysis, 88 Am. J. of Sociology 839 (1983). Although the gap between black and white test scores has narrowed over the past two decades, it appears that this has resulted more from gains in the socioeconomic status of black families than from desegregation. See Armor, Why is Black Educational Achievement Rising?, 108 The Public Interest 65, 77-79 (Summer 1992).
[ Footnote 3 ] As Blackstone wrote: "[A] set of great and eminent lawyers . . . have by degrees erected the system of relief administered by a court of equity into a regular science, which cannot be attained without study and experience, any more than the science of law: but from which, when understood, it may be known what remedy a suitor is entitled to expect, and by what mode of suit, as readily and with as much precision, in a court of equity as in a court of law." 3 Blackstone, at 440-441.
[ Footnote 4 ] The Federal Farmer particularly feared the combination of equity and law in the same federal courts: "It is a very dangerous thing to vest in the same judge power to decide on the law, and also general powers in equity; for if the law restrain him, he is only to step into his shoes of [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 17] equity, and give what judgment his reason or opinion may dictate; we have no precedents in this country, as yet, to regulate the divisions in equity as in Great Britain; equity, therefore, in the supreme court for many years will be mere discretion." Federal Farmer No. 3, October 10, 1787, in 2 Storing 244. In such a system, the Anti-Federalist writer concluded, there would not be "a spark of freedom" to be found. Ibid.
[ Footnote 5 ] Certain aspects of this desegregation plan - for example, compensatory educational programs and orders that the State pay for half of the costs come perilously close to abrogating the State's Eleventh Amendment immunity from federal money damage awards. See Edelman v. Jordan, 415 U.S. 651, 677 (1974) ("a federal court's remedial power . . . may not include a retroactive award which requires the payment of funds from the state treasury"). Although we held in Milliken II, 433 U.S. 267 (1977), that such remedies did not run afoul of the Eleventh Amendment, id., at 290, it is difficult to see how they constitute purely prospective relief rather than retrospective compensation. See P. Bator, D. Meltzer, P. Mishkin, & D. Shapiro, Hart and Wechsler's The Federal Courts and the Federal System 1191-1192 (3d ed. 1988). Of course, the state treasury inevitably must fund a State's compliance with injunctions commanding prospective relief, see Edelman, supra, at 668, but that does not require a State to supply money to comply with orders that have a backward-looking, compensatory purpose.
[ Footnote 6 ] First, the District Court set out to achieve some unspecified levels of racial balance in the KCMSD schools and to raise the test scores of the school districts as a whole. 639 F. Supp., at 24, 38. In order to achieve that goal, the court ordered quality education programs to address the "system wide reduction in student achievement" caused by segregation, even though the court never specified how or to what extent the dual system had actually done so. Id., at 46-51. After the State had spent $220 million and KCMSD had achieved a AAA rating, see ante, at 3, the District Court decided that even further measures were needed. In 1986, it ordered a massive magnet school and capital improvement plan to attract whites into KCMSD. 1 App. 130-193. In 1987, the district court [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 24] decided that KCMSD needed better instructional staff and ordered new hiring. Ante, at 6. In 1992, the District Court found that KCMSD was having trouble attracting faculty and staff, and ordered a round of salary increases for virtually all employees. Ante, at 8-9. Every year the District Court holds a proceeding to review budget proposals and educational policies for KCMSD, and it has formed a "desegregation monitoring committee" to assess the implementation of its decrees. One need only review the District Court's first remedial order in 1984 to comprehend the level of detail with which it has made decisions concerning construction, facilities, staffing, and educational policy. 639 F. Supp. 19; see also Jenkins I, 495 U.S., at 60 -61 (KENNEDY, J., concurring in part and concurring in judgment). [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 1]
JUSTICE SOUTER, with whom JUSTICE STEVENS, JUSTICE GINSBURG, and JUSTICE BREYER join, dissenting.
The Court's process of orderly adjudication has broken down in this case. The Court disposes of challenges to only two of the District Court's many discrete remedial orders by declaring that the District Court erroneously provided an interdistrict remedy for an intradistrict violation. In doing so, it resolves a foundational issue going to one element of the District Court's decree that we did not accept for review in this case, that we need not reach in order to answer the questions that we did accept for review, and that we specifically refused to consider when it was presented in a prior petition for certiorari. Since, under these circumstances, the respondent school district and pupils naturally came to this Court without expecting that a fundamental premise of a portion of the District Court's remedial order would become the focus of the case, the essence of the Court's misjudgment in reviewing and repudiating that central premise lies in its failure to have warned the respondents of what was really at stake. This failure lulled the respondents into addressing the case without sufficient attention to the foundational issue, and their lack of attention has now infected the Court's decision.
No one on the Court has had the benefit of briefing [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 2] and argument informed by an appreciation of the potential breadth of the ruling. The deficiencies from which we suffer have led the Court effectively to overrule a unanimous constitutional precedent of 20 years standing, which was not even addressed in argument, was mentioned merely in passing by one of the parties, and discussed by another of them only in a misleading way.
The Court's departures from the practices that produce informed adjudication would call for dissent even in a simple case. But in this one, with a trial history of more than 10 years of litigation, the Court's failure to provide adequate notice of the issue to be decided (or to limit the decision to issues on which certiorari was clearly granted) rules out any confidence that today's result is sound, either in fact or in law.
In 1984, 30 years after our decision in Brown v. Board of Education, 347 U.S. 483 (1954), the District Court found that the State of Missouri and the Kansas City, Missouri School District (KCMSD) had failed to reform the segregated scheme of public school education in the KCMSD, previously mandated by the State, which had required black and white children to be taught separately according to race. Jenkins v. Missouri, 593 F. Supp. 1485, 1490-1494, 1503-1505 (WD Mo. 1984). 1 After [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 3] Brown, neither the State nor the KCMSD moved to dismantle this system of separate education "root and branch," id., at 1505, despite their affirmative obligation to do that under the Constitution. Green v. School Bd. of New Kent County, 391 U.S. 430, 437 -438 (1968). "Instead, the [KCMSD] chose to operate some completely segregated schools and some integrated ones," Jenkins, 593 F. Supp., at 1492, using devices like optional attendance zones and liberal transfer policies to "allo[w] attendance patterns to continue on a segregated basis." Id., at 1494. Consequently, on the 20th anniversary of Brown in 1974, 39 of the 77 schools in the KCMSD had student bodies that were more than 90 percent black, and 80 percent of all black schoolchildren in the KCMSD attended those schools. Id., at 1492-1493. Ten years later, in the 1983-1984 school year, 24 schools remained racially isolated with more than 90 percent black enrollment. Id., at 1493. Because the State and the KCMSD intentionally created this segregated system of education, and subsequently failed to correct it, the District Court concluded that the State and the district had "defaulted in their obligation to uphold the Constitution." Id., at 1505.
Neither the State nor the KCMSD appealed this finding of liability, after which the District Court entered a series of remedial orders aimed at eliminating the vestiges of segregation. Since the District Court found that segregation had caused, among other things, "a system wide reduction in student achievement in the schools of the KCMSD," Jenkins v. Missouri, 639 F. Supp. 19, 24 (WD Mo. 1985) (emphasis in original), it ordered the adoption, starting in 1985, of a series of remedial programs to raise educational performance. As [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 4] the Court recognizes, the District Court acted well within the bounds of its equitable discretion in doing so, ante, at 19, 30; in Milliken v. Bradley, 433 U.S. 267 (1977) (Milliken II), we held that a district court is authorized to remedy all conditions flowing directly from the constitutional violations committed by state or local officials, including the educational deficits that result from a segregated school system (programs aimed to correct those deficits are therefore frequently referred to as Milliken II programs). Id., at 281-283. Nor was there any objection to the District Court's orders from the State and the KCMSD, who agreed that it was "`appropriate to include a number of properly targeted educational programs in [the] desegregation plan,'" Jenkins, 639 F. Supp., at 24 (quoting from the State's desegregation proposal). They endorsed many of the initiatives directed at improving student achievement that the District Court ultimately incorporated into its decree, including those calling for the attainment of AAA status for the KCMSD (a designation, conferred by the State Department of Elementary and Secondary Education upon consideration of a limited number of criteria, indicating "that a school system quantitatively and qualitatively has the resources necessary to provide minimum basic education to its students," id., at 26), full day kindergarten, summer school, tutoring before and after school, early childhood development, and reduction in class sizes. Id., at 24-26.
Between 1985 and 1987 the District Court also ordered the implementation of a magnet school concept, 1 App. 131-133 (Order of Nov. 12, 1986), and extensive capital improvements to the schools of the KCMSD. Jenkins v. Missouri, 672 F. Supp. 400, 405-408 (WD Mo. 1987); 1 App. 133-134 (Order of Nov. 12, 1986); Jenkins, 639 F. Supp., at 39-41. The District Court found that magnet schools would not only serve to remedy the deficiencies in student achievement in the KCMSD, but [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 5] would also assist in desegregating the district by attracting white students back into the school system. See, e.g., 1 App. 118 (Order of June 16, 1986) ("[C]ommitment, when coupled with quality planning and sufficient resources can result in the establishment of magnet schools which can attract non-minority enrollment as well as be an integral part of district-wide improved student achievement"); see also Jenkins v. Missouri, 855 F.2d 1295, 1301 (CA8 1988) ("The foundation of the plans adopted was the idea that improving the KCMSD as a system would at the same time compensate the blacks for the education they had been denied and attract whites from within and without the KCMSD to formerly black schools").
The District Court, finding that the physical facilities in the KCMSD had "literally rotted," Jenkins, 672 F. Supp., at 411, similarly grounded its orders of capital improvements in the related remedial objects of improving student achievement and desegregating the KCMSD. Jenkins, 639 F. Supp., at 40 ("The improvement of school facilities is an important factor in the overall success of this desegregation plan. Specifically, a school facility which presents safety and health hazards to its students and faculty serves both as an obstacle to education as well as to maintaining and attracting non-minority enrollment. Further, conditions which impede the creation of a good learning climate, such as heating deficiencies and leaking roofs, reduce the effectiveness of the quality education components contained in this plan"); see also Jenkins, 855 F.2d, at 1305 ("[T]he capital improvements [are] required both to improve the education available to the victims of segregation as well as to attract whites to the schools").
As a final element of its remedy, in 1987 the District Court ordered funding for increases in teachers' salaries as a step towards raising the level of student achievement. "[I]t is essential that the KCMSD have sufficient [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 6] revenues to fund an operating budget which can provide quality education, including a high quality faculty." Jenkins, 672 F. Supp., at 410. Neither the State nor the KCMSD objected to increases in teachers' salaries as an element of the comprehensive remedy, or to this cost as an item in the desegregation budget.
In 1988, however, the State went to the Eighth Circuit with a broad challenge to the District Court's remedial concept of magnet schools and to its orders of capital improvements (though it did not appeal the salary order), arguing that the District Court had run afoul of Milliken v. Bradley, 418 U.S. 717 (1974) (Milliken I), by ordering an interdistrict remedy for an intradistrict violation. The Eighth Circuit rejected the State's position, Jenkins, 855 F.2d 1295, and in 1989 the State petitioned for certiorari.
The State's petition presented two questions for review, one challenging the District Court's authority to order a property tax increase to fund its remedial program, the other going to the legitimacy of the magnet school concept at the very foundation of the Court's desegregation plan:
"For a purely intradistrict violation, the courts below have ordered remedies - costing hundreds of millions of dollars - with the stated goals of attracting more non-minority students to the school district and making programs and facilities comparable to those in neighboring districts . . . .
"The questio[n] presented [is] . . . .
". . . Whether a federal court, remedying an intradistrict violation under Brown v. Board of Education, 347 U.S. 483 (1954), may
"a) impose a duty to attract additional non-minority students to a school district, and
"b) require improvements to make the district schools comparable to those in surrounding districts." Pet. for Cert. in Missouri v. Jenkins, O. T. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 7] 1988, No. 88-1150, p. i.
We accepted the taxation question, and decided that while the District Court could not impose the tax measure itself, it could require the district to tax property at a rate adequate to fund its share of the costs of the desegregation remedy. Jenkins v. Missouri, 495 U.S. 33, 50 -58 (1990). If we had accepted the State's broader, foundational question going to the magnet school concept, we could also have made an informed decision on whether that element of the District Court's remedial scheme was within the limits of the Court's equitable discretion in response to the constitutional violation found. Each party would have briefed the question fully and would have identified in some detail those items in the record bearing on it. But none of these things happened. Instead of accepting the foundational question in 1989, we denied certiorari on it. Missouri v. Jenkins, 490 U.S. 1034 .
The State did not raise that question again when it returned to this Court with its 1994 petition for certiorari, which led to today's decision. Instead, the State presented, and we agreed to review, these two questions:
"1. Whether a remedial educational desegregation program providing greater educational opportunities to victims of past de jure segregation than provided anywhere else in the country nonetheless fails to satisfy the Fourteenth Amendment (thus precluding a finding of partial unitary status) solely because student achievement in the District, as measured by results on standardized test scores, has not risen to some unspecified level?
"2. Whether a federal court order granting salary increases to virtually every employee of a school district - including non-instructional personnel as a part of a school desegregation remedy conflicts with applicable decisions of this court which require that [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 8] remedial components must directly address and relate to the constitutional violation and be tailored to cure the condition that offends the Constitution?" Pet. for Cert. i.
These questions focus on two discrete issues: the extent to which a district court may look at students' test scores in determining whether a school district has attained partial unitary status as to its Milliken II educational programs, and whether the particular salary increases ordered by the District Court constitute a permissible component of its remedy.
The State did not go beyond these discrete issues, and it framed no broader, foundational question about the validity of the District Court's magnet concept. The Court decides, however, that it can reach that question of its own initiative, and it sees no bar to this course in the provision of this Court's Rule 14.1 that "[o]nly the questions set forth in the petition, or fairly included therein, will be considered . . . ." Ante, at 12-13. The broader issue, the Court claims, is "fairly included" in the State's salary question. But that claim does not survive scrutiny.
The standard under Rule 14.1 is quite simple: as the Court recognizes, we have held that an issue is fairly comprehended in a question presented when the issue must be resolved in order to answer the question. See ante, at 12-13, citing Procunier v. Navarette, 434 U.S. 555, 560 , n. 6 (1978); United States v. Mendenhall, 446 U.S. 544, 551 -552, n. 5 (1980). That should be the end of the matter here, since the State itself concedes that we can answer its salary and test-score questions without addressing the soundness of the magnet element of the District Court's underlying remedial scheme, see Brief for Petitioners 18 ("each question [presented] can be dealt with on its own terms . . ."). While the Court ignores that concession, it is patently correct. There is no reason why we cannot take the questions as they [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 9] come to us; assuming the validity of the District Court's basic remedial concept, we can determine the significance of test scores and assess the salary orders in relation to that concept.
Of course, as we understand necessity in prudential matters like this, it comes in degrees, and I would not deny that sometimes differing judgments are possible about the need to go beyond a question as originally accepted. But this is not even arguably such a case. It is instead a case that presents powerful reasons to confine discussion to the questions taken. 2
Quite naturally, the respondents here chose not to devote any significant attention to a question not raised, and they presumably had no reason to designate for printing those portions of the record bearing on an issue not apparently before us. And while respondents seemingly gave some thought to the bare possibility that [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 10] the Court would choose to deal with the discrete questions by going beyond them to a more comprehensive underlying issue, they were entitled to reject that possibility as a serious one for the very reason that the Court had already, in 1989, expressly refused to consider that foundational issue when the State expressly attempted to raise it. Our deliberate refusal to entertain so important an issue is and ought to be a reasonable basis to infer that we will not subsequently allow it to be raised on our own motion without saying so in advance and giving notice to a party whose interests might be adversely affected.
Thus the Court misses the point when it argues that the foundational issue is in a sense antecedent to the specific ones raised, and that those can be answered by finding error in some element of the underlying remedial scheme. Even if the Court were correct that the foundational issue could be reached under Rule 14.1, the critical question surely is whether that issue may fairly be decided without clear warning, at the culmination of a course of litigation in which this Court has specifically refused to consider the issue and given no indication of any subsequent change of mind. The answer is obviously no. And the Court's claim of necessity rings particularly hollow when one considers that if it really were essential to decide the foundational issue to address the two questions that are presented, the Court could give notice to the parties of its intention to reach the broader issue, and allow for adequate briefing and argument on it. And yet the Court does none of that, but simply decides the issue without any warning to respondents.
If there is any doubt about the lack of fairness and prudence displayed by the Court, it should disappear upon seeing two things: first, how readily the questions presented can be answered on their own terms, without giving any countenance to the State's now successful attempt to "`smuggl[e] additional questions into a case after [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 11] we grant[ed] certiorari,'" Izumi Seimitsu Kogyo Kabushiki Kaisha v. U.S. Phillips Corp., 510 U.S. ___, ___ (1993) (slip op., at 7), quoting Irvine v. California, 347 U.S. 128, 129 (1954) (plurality opinion of Jackson, J.); and, second, how the Court's decision to go beyond those questions to address an issue not adequately briefed or argued by one set of parties leads it to render an opinion anchored in neither the findings and evidence contained in the record, nor in controlling precedent, which is squarely at odds with the Court's holding today.
The test score question as it comes to us is one of word play, not substance. While the Court insists that the District Court's Order of June 17, 1992 (the only order relevant to the test score question on review here), "requir[ed] the State to continue to fund the quality education programs because student achievement levels [in the KCMSD] were still `at or below national norms at many grade levels . . . ,'" ante, at 29; see also ante, at 1, that order contains no discussion at all of student achievement levels in the KCMSD in comparison to national norms, and in fact does not explicitly address the subject of partial unitary status. App. to Pet. for Cert. A-69 to A-75. The reference to test scores "at or below national norms" comes from an entirely different and subsequent order of the District Court (dated Apr. 16, 1993) which is not under review. Its language presumably would not have been quoted to us, if the Court of Appeals's opinion affirming the District Court's June 17, 1992 order had not canvassed subsequent orders and mentioned the District Court's finding of fact that the "KCMSD is still at or below national norms at many grade levels," 11 F.3d 755, 762 (CA8 1994), citing Order of Apr. 16, 1993, App. to Pet. for Cert. A-130. In [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 12] any event, what is important here is that none of the District Court's or Court of Appeals's opinions or orders requires a certain level of test scores before unitary status can be found, or indicates that test scores are the only thing standing between the State and a finding of unitary status as to the KCMSD's Milliken II programs. Indeed, the opinion concurring in the denial of rehearing en banc below (not mentioned by the Court, although it is certainly more probative of the governing law in the Eighth Circuit than the dissenting opinion on which the Court does rely) expressly disavows any dispositive role for test scores:
"The dissent accepts, at least in part, the State's argument that the district court adopted a student achievement goal, measured by test scores, as the only basis for determining whether past discrimination has been remedied. . . . When we deal with student achievement in a quality education program in the context of relieving a school district of court supervision, test results must be considered. Test scores, however, must be only one factor in the equation. Nothing in this court's opinion, the district court's opinion, or the testimony of KCMSD's witnesses indicates that test results were the only criteria used in denying the State's claim that its obligation for the quality education programs should be ended by a declaration they are unitary." 19 F.3d 393, 395 (1994) (Gibson, J., concurring in denial of rehearing en banc).
If, then, test scores do not explain why there was no finding of unitary status as to the Milliken II programs, one may ask what does explain it. The answer is quite straightforward. The Court of Appeals refused to order the District Court to enter a finding of partial unitary status as to the KCMSD's Milliken II programs (and apparently, the District Court did not speak to the issue [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 13] itself) simply because the State did not attempt to make the showing required for that relief. As the Court recognizes, ante, at 17-18, we have established a clear set of procedures to be followed by governmental entities seeking the partial termination of a desegregation decree. In Freeman v. Pitts, 503 U.S. 467 (1992), we held that "[t]he duty and responsibility of a school district once segregated by law is to take all steps necessary to eliminate the vestiges of the unconstitutional de jure system." Id., at 485. Accordingly, before a district court may grant a school district (or other governmental entity) partial release from a desegregation decree, it must first consider "whether there has been full and satisfactory compliance with the decree in those aspects of the system where supervision is to be withdrawn . . . ." Id., at 491. Full and satisfactory compliance, we emphasized in Freeman, is to be measured by "`whether the vestiges of past discrimination ha[ve] been eliminated to the extent practicable.'" Id., at 492, quoting Board of Ed. of Oklahoma City Public Schools v. Dowell, 498 U.S. 237, 249 -250 (1991). The district court must then consider "whether retention of judicial control is necessary or practicable to achieve compliance with the decree in other facets of the school system; and whether the school district [or other governmental entity] has demonstrated, to the public and to the parents and students of the once disfavored race, its good-faith commitment to the whole of the court's decree and to those provisions of the law and the Constitution that were the predicate for judicial intervention in the first instance." 503 U.S., at 491 . The burden of showing that these conditions to finding partial unitary status have been met rests (as one would expect) squarely on the constitutional violator who seeks relief from the existing remedial order. Id., at 494.
While the Court recognizes the three-part showing that the State must make under Freeman in order to get [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 14] a finding of partial unitary status, ante, at 17-18, it fails to acknowledge that the State did not even try to make a Freeman showing in the litigation leading up to the District Court's Order of June 17, 1992. The District Court's order was triggered not by a motion for partial unitary status filed by the State, but by a motion filed by the KCMSD for approval of its desegregation plan for the 1992-1993 school year. See App. to Pet. for Cert. A-69. While the State's response to that motion suggested that the District Court should enter a finding of partial unitary status as to the district's Milliken II component of its decree, State's Response to KCMSD Motion for Approval of Desegregation Plan for 1992-1993, pp. 1-20 (hereinafter State's Response), the State failed even to allege its compliance with two of the three prongs of the Freeman test.
The State did not claim that implementation of the Milliken II component of the decree had remedied the reduction in student achievement in the KCMSD to the extent practicable; it simply argued that various Milliken II programs had been implemented. State's Response 9-17. Accordingly, in the hearings held by the District Court on the KCMSD's motion, the State's expert witness testified only that the various Milliken II programs had been implemented and had increased educational opportunity in the district. 2 App. 439-483. With the exception of the "effective schools" program, he said nothing about the effects of those programs on student achievement, and in fact admitted on cross-examination that he did not have an opinion as to whether the programs had remedied to the extent practicable the reduction in student achievement caused by the segregation in the KCMSD.
"Q: Dr. Stewart, do you, testifying on behalf of the State . . . have an opinion as to whether or not the educational deficits that you acknowledged were vestiges of the prior segregation have been eliminated [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 15] to the extent practicable in the Kansas City School District?
"A: No, that's not the purpose of my testimony, Mr. Benson." Id., at 483.
Nor did the State focus on its own good faith in complying with the District Court's decree; it emphasized instead the district's commitment to the decree and to the constitutional provisions on which the decree rested. State's Response 8. The State, indeed, said nothing to contradict the very findings made elsewhere by the District Court that have called the State's own commitment to the success of the decree into question. See, e.g., 1 App. 136 (Order of Nov. 12, 1986) ("[D]uring the course of this lawsuit the Court has not been informed of one affirmative act voluntarily taken by the Executive Department of the State of Missouri or the Missouri General Assembly to aid a school district that is involved in a desegregation program"); see also App. to Pet. for Cert. A-123 (Order of Apr. 16, 1993) ("The State, also a constitutional violator, has historically opposed the implementation of any program offered to desegregate the KCMSD. The Court recognizes that the State has had to bear the brunt of the costs of desegregation due to the joint and several liability finding previously made by the Court. However, the State has never offered the Court a viable, even tenable, alternative and has been extremely antagonistic in its approach to effecting the desegregation of the KCMSD") (emphasis in original).
Thus, it was the State's failure to meet or even to recognize its burden under Freeman that led the Court of Appeals to reject the suggestion that it make a finding of partial unitary status as to the district's Milliken II education programs:
"It is . . . significant that the testimony of [the State's expert] did no more than describe the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 16] successful establishment of the several educational programs, but gave no indication of whether these programs had succeeded in improving student achievement. . . .
"The only evidence before the district court with respect to the degree of progress on elimination of vestiges of past discrimination was at best that a start had been made. The evidence on the record fell far short of establishing that such vestiges had been eliminated to the extent practicable. . . .
". . . [Further, the] State did not try to prove that it has demonstrated a good faith commitment to the whole of the court's decree. . . .
". . . [T]he district court did not abuse its discretion in continuing the quality education programs. 11 F.3d, at 764-765 (citations omitted).
Examining only the first Freeman prong, there can be no doubt that the Court of Appeals was correct. Freeman and Dowell make it entirely clear that the central focus of this prong of the unitary status enquiry is on effects: to the extent reasonably possible, a constitutional violator must remedy the ills caused by its actions before it can be freed of the court-ordered obligations it has brought upon itself. Under the logic of the State's arguments to the District Court, the moment the Milliken II programs were put in place, the State was at liberty to walk away from them, no matter how great the remaining consequences of segregation for educational quality or how great the potential for curing them if State funding continued.
Looking ahead, if indeed the State believes itself entitled to a finding of partial unitary status on the subject of educational programs, there is an orderly procedural course for it to follow. It may frame a proper motion for partial unitary status, and prepare to make a record sufficient to allow the District Court and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 17] the Court of Appeals to address the continued need for and efficacy of the Milliken II programs.
In the development of a proper unitary status record, test scores will undoubtedly play a role. It is true, as the Court recognizes, that all parties to this case agree that it would be error to require that the students in a school district attain the national average test score as a prerequisite to a finding of partial unitary status, if only because all sorts of causes independent of the vestiges of past school segregation might stand in the way of the goal. Ante, at 31. That said, test scores will clearly be relevant in determining whether the improvement programs have cured a deficiency in student achievement to the practicable extent. The District Court has noted (in the finding that the Court would read as a dispositive requirement for unitary status) that while students' scores have shown a trend of improvement, they remain at or below national norms. App. to Pet. for Cert. A-131 (Order of Apr. 16, 1993). The significance of this fact is subject to assessment. Depending, of course, on other facts developed in the course of unitary status proceedings, the improvement to less than the national average might reasonably be taken to show that education programs are having a good effect on student achievement, and that further improvement can be expected. On the other hand, if test score changes were shown to have flattened out, that might suggest the impracticability of any additional remedial progress. While the significance of scores is thus open to judgment, the judgment is not likely to be very sound unless it is informed by more of a record than we have in front of us, and the Court's admonition that the District Court should "sharply limit" its reliance on test scores, ante, at 31, should be viewed in this light. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 18]
The other question properly before us has to do with the propriety of the District Court's recent salary orders. While the Court suggests otherwise, ante, at 12-13, 29, the District Court did not ground its orders of salary increases solely on the goal of attracting students back to the KCMSD. From the start, the District Court has consistently treated salary increases as an important element in remedying the systemwide reduction in student achievement resulting from segregation in the KCSMD. As noted above, the Court does not question this remedial goal, which we expressly approved in Milliken II. See supra, at 3-4. The only issue, then, is whether the salary increases ordered by the District Court have been reasonably related to achieving that goal, keeping in mind the broad discretion enjoyed by the District Court in exercising its equitable powers.
The District Court first ordered KCMSD salary increases, limited to teachers, in 1987, basing its decision on the need to raise the level of student achievement. "[I]t is essential that the KCMSD have sufficient revenues to fund an operating budget which can provide quality education, including a high quality faculty." Jenkins, 672 F. Supp., at 410. The State raised no objection to the District Court's order, and said nothing about the issue of salary increases in its 1988 appeal to the Eighth Circuit.
When the District Court's 1987 order expired in 1990, all parties, including the State, agreed to a further order increasing salaries for both instructional and noninstructional personnel through the 1991-1992 school year. 1 App. 332-337 (Order of July 23, 1990). In 1992 the District Court merely ordered that salaries in the KCMSD be maintained at the same level for the following year, rejecting the State's argument that desegregation funding for salaries should be discontinued, App. to Pet. for Cert. A-76 to A-93 (Order of June [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 19] 25, 1992), and in 1993 the District Court ordered small salary increases for both instructional and non-instructional personnel through the end of the 1995-1996 school year. App. to Pet. for Cert. A-94 to A-109 (Order of June 30, 1993).
It is the District Court's 1992 and 1993 orders that are before us, and it is difficult to see how the District Court abused its discretion in either instance. The District Court had evidence in front of it that adopting the State's position and discontinuing desegregation funding for salary levels would result in their abrupt drop to 1986-1987 levels, with the resulting disparity between teacher pay in the district and the nationwide level increasing to as much as 40-45 percent, and a mass exodus of competent employees likely taking place. Id., at A-76, A-78 to A-91. Faced with this evidence, the District Court found that continued desegregation funding of salaries, and small increases in those salaries over time, were essential to the successful implementation of its remedial scheme, including the elevation of student achievement:
"[I]n the absence of desegregation funding for salaries, the District will not be able to implement its desegregation plan. . . .
"High quality personnel are necessary not only to implement specialized desegregation programs intended to `improve educational opportunities and reduce racial isolation,' but also to `ensure that there is no diminution in the quality of its regular academic program.' . . .
". . . There is no question but that a salary roll back would have effects that would drastically impair implementation of the desegregation remedy.
". . . A salary roll back would result in excessive employee turnover, a decline in the quality and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 20] commitment of work and an inability of the KCMSD to achieve the objectives of the desegregation plan." Id., at A-86 to A-91 (Order of June 25, 1992), quoting Jenkins, 855 F.2d, at 1301, and Jenkins, 672 F. Supp., at 410.
See also App. to Pet. for Cert. A-95 to A-97, A-101 to A-102 (Order of June 30, 1993). The Court of Appeals affirmed the District Court's orders on the basis of these findings, again taking special note of the importance of adequate salaries to the remedial goal of improving student achievement:
"[Q]uality education programs and magnet schools [are] a part of the remedy for the vestiges of segregation causing a system wide reduction in student achievement in the KCMSD schools. . . . The significant finding of the [district] court with respect to the earlier funding order was that the salary increases were essential to comply with the court's desegregation orders, and that high quality teachers, administrators, and staff must be hired to improve the desegregative attractiveness of KCMSD.
"It is evident that the district court had before it substantial evidence of a statistically significant reduction in the turnover rates for full-time employees, a dramatic increase in the percentage of certified employees selecting KCMSD because of the salary increases, and a significant decline in the number of employees lost to other districts. Further, the court heard testimony that the average performance evaluation for the professional employees increased positively and significantly." 13 F.3d 1170, 1172-1174 (CA8 1993).
See also 11 F.3d, at 766-769.
There is nothing exceptionable in the lower courts' findings about the relationship between salaries and the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 21] District Court's remedial objectives, and certainly nothing in the record suggests obvious error as to the amounts of the increases ordered. 3 If it is tempting to question the place of salary increases for administrative and maintenance personnel in a desegregation order, the Court of Appeals addressed the temptation in specifically affirming the District Court's finding that such personnel are critical to the success of the desegregation effort, 13 F.3d, at 1174 (referring to order of June 30, 1993, App. to Pet. for Cert. A-104), and did so in the circumstances of a district whose schools have been plagued by leaking roofs, defective lighting, and reeking lavatories. See Jenkins, 855 F.2d, at 1306; Jenkins, 672 F. Supp., at 403-404. As for teachers' increases, the District Court and the Court of Appeals were beyond reproach in finding and affirming that in order to remedy the educational deficits flowing from segregation in the KCMSD, "those persons charged with implementing the [remedial] plan [must] be the most qualified persons reasonably attainable," App. to Pet. for Cert. A-102.
Indeed, the Court does not question the District Court's salary orders insofar as they relate to the objective of raising the level of student achievement in the KCMSD, but rather overlooks that basis for the orders altogether. The Court suggests that the District Court rested its approval of salary increases only on the object of drawing students into the district's schools, [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 22] ante, at 29, and rejects the increases for that reason. It seems clear, however, that the District Court and the Court of Appeals both viewed the salary orders as serving two complementary but distinct purposes, and to the extent that the District Court concludes on remand that its salary orders are justified by reference to the quality of education alone, nothing in the Court's opinion precludes those orders from remaining in effect.
The two discrete questions that we actually accepted for review are, then, answerable on their own terms without any need to consider whether the District Court's use of the magnet school concept in its remedial plan is itself constitutionally vulnerable. The capacity to deal thus with the questions raised, coupled with the unfairness of doing otherwise without warning, are enough to demand a dissent.
But there is more to fuel dissent. On its face, the Court's opinion projects an appealing pragmatism in seeming to cut through the details of many facts by applying a rule of law that can claim both precedential support and intuitive sense, that there is error in imposing an interdistrict remedy to cure a merely intradistrict violation. Since the District Court has consistently described the violation here as solely intradistrict, and since the object of the magnet schools under its plan includes attracting students into the district from other districts, the Court's result seems to follow with the necessity of logic, against which arguments about detail or calls for fair warning may not carry great weight.
The attractiveness of the Court's analysis disappears, however, as soon as we recognize two things. First, the District Court did not mean by an "intradistrict violation" what the Court apparently means by it today. The District Court meant that the violation within the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 23] KCMSD had not led to segregation outside of it, and that no other school districts had played a part in the violation. It did not mean that the violation had not produced effects of any sort beyond the district. Indeed, the record that we have indicates that the District Court understood that the violation here did produce effects spanning district borders and leading to greater segregation within the KCMSD, the reversal of which the District Court sought to accomplish by establishing magnet schools. 4 Insofar as the Court assumes that this was not so in fact, there is at least enough in the record to cast serious doubt on its assumption. Second, the Court violates existing case law even on its own apparent view of the facts, that the segregation violation within the KCMSD produced no proven effects, segregative or otherwise, outside it. Assuming this to be true, the Court's decision that the rule against interdistrict remedies for intradistrict violations applies to this case, solely because the remedy here is meant to produce [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 24] effects outside the district in which the violation occurred, is flatly contrary to established precedent.
The Court appears to assume that the effects of segregation were wholly contained within the KCMSD, and based on this assumption argues that any remedy looking beyond the district's boundaries is forbidden. The Court's position rests on the premise that the District Court and the Court of Appeals erred in finding that segregation had produced effects outside the district, and hence were in error when they treated the reversal of those effects as a proper subject of the equitable power to eliminate the remaining vestiges of the old segregation so far as practicable.
The Court has not shown the trial court and the Eighth Circuit to be wrong on the facts, however, and on the record before us this Court's factual assumption is at the very least a questionable basis for removing one major foundation of the desegregation decree. I do not, of course, claim to be in a position to say for sure that the Court is wrong, for I, like the Court, am a victim of an approach to the case uninformed by any warning that a foundational issue would be dispositive. My sole point is that the Court is not in any obvious sense correct, wherever the truth may ultimately lie.
To be sure, the District Court found, and the Court of Appeals affirmed, that the SSDs had taken no action contributing to segregation in the KCMSD. Jenkins v. Missouri, 807 F.2d 657, 664, 668-670 (CA8 1986); 3 App. 723, 738 (Order of June 5, 1984). Those courts further concluded that the constitutional violations committed by the State and the KCMSD had not produced any significant segregative effects in the SSDs, all of which have operated as unitary districts since shortly after our decision in Brown. Jenkins, 807 F.2d, at 672, 678; 3 App. 813, 816. It was indeed on the [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 25] basis of just these findings that the District Court concluded that it was dealing with an intradistrict violation, and, consistently with our decision in Milliken I, refused to consolidate the SSDs with the KCMSD. Jenkins, 807 F.2d, at 660-661, 674; 3 App. 721-723, 725, 810-811.
There is no inconsistency between these findings and the possibility, however, that the actions of the State and the KCMSD produced significant non-segregative effects outside the KCMSD that led to greater segregation within it. To the contrary, the District Court and the Court of Appeals concurred in finding that "the preponderance of black students in the [KCMSD] was due to the State and KCMSD's constitutional violations, which caused white flight. . . . [T]he existence of segregated schools led to white flight from the KCMSD to suburban districts and to private schools." Jenkins, 855 F.2d, at 1302, citing the District Court's Order of August 25, 1986, 1 App. 126 ("[S]egregated schools, a constitutional violation, ha[ve] led to white flight from the KCMSD to suburban districts [and] large numbers of students leaving the schools of Kansas City and attending private schools . . ."). While this exodus of white students would not have led to segregation within the SSDs, which have all been run in a unitary fashion since the time of Brown, it clearly represented an effect spanning district borders, and one which the District Court and the Court of Appeals expressly attributed to segregation in the KCMSD.
The Court, however, rejects the findings of the District Court, endorsed by the Court of Appeals, that segregation led to white flight from the KCMSD, and does so at the expense of another accepted norm of our appellate procedure. We have long adhered to the view that "[a] court of law, such as this Court is, rather than a court for correction of errors in factfinding, cannot undertake to review concurrent findings of fact by two courts below [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 26] in the absence of a very obvious and exceptional showing of error." Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 275 (1949); see also Branti v. Finkel, 445 U.S. 507, 512 , n. 6 (1980) (referring to "our settled practice of accepting, absent the most exceptional circumstances, factual determinations in which the district court and the court of appeals have concurred . . ."). The Court fails to show any exceptional circumstance present here, however: it relies on a "contradiction" that is not an obvious contradiction at all, and on an arbitrary "supposition" that "`white flight' may result from desegregation, not de jure segregation," ante, at 24, a supposition said to be bolstered by the District Court's statement that there was "an abundance of evidence that many residents of the KCMSD left the district and moved to the suburbs because of the district's efforts to integrate its schools." 672 F. Supp., at 412. 5
The doubtful contradiction is said to exist between the District Court's findings, on the one hand, that segregation caused white flight to the SSDs, and the Court of Appeals's conclusion, on the other, that the District Court "`made specific findings that negate current significant interdistrict effects . . . .'" Ante, at 25, quoting Jenkins, 807 F.2d, at 672. Any impression of contradiction quickly disappears, however, when the Court of Appeals's statement is read in context:
"[T]he [district] court explicitly recognized that [to consolidate school districts] under Milliken [I] `there must be evidence of a constitutional violation in one district that produces a significant segregative effect [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 27] in another district.' Order of June 5, 1984 at 14, 95. . . . The district court thus dealt not only with the issue of whether the SSDs were constitutional violators but also whether there were significant interdistrict segregative effects. See V, infra. When it did so, it made specific findings that negate current significant interdistrict effects . . . ." Ibid.
It is clear that, in this passage, the Court of Appeals was summarizing the District Court's findings that the constitutional violations within the KCMSD had not produced any segregative effects in other districts. Ibid. While the Court of Appeals did not repeat the word "segregative" in its concluding sentence, there is nothing to indicate that it was referring to anything but segregative effects, and there is in fact nothing in the District Court's own statements going beyond its finding that the State and the KCMSD's actions did not lead to segregative effects in the SSDs. 6 There is, in turn, no contradiction [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 28] between this finding and the District Court's findings about white flight: while white flight would have produced significant effects in other school districts, in the form of greatly increased numbers of white students, those effects would not have been segregative beyond the KCMSD, as the departing students were absorbed into wholly unitary systems.
Without the contradiction, the Court has nothing to justify its rejection of the District Court's finding that segregation caused white flight but its supposition that flight results from integration, not segregation. The supposition, and the distinction on which it rests, are untenable. At the more obvious level, there is in fact no break in the chain of causation linking the effects of desegregation with those of segregation. There would be no desegregation orders and no remedial plans without prior unconstitutional segregation as the occasion for issuing and adopting them, and an adverse reaction to a desegregation order is traceable in fact to the segregation that is subject to the remedy. When the Court quotes the District Court's reference to abundant evidence that integration caused flight to the suburbs, then, it quotes nothing inconsistent with the District Court's other findings that segregation had caused the flight. The only difference between the statements lies in the point to which the District Court happened to trace the causal sequence.
The unreality of the Court's categorical distinction can be illustrated by some examples. There is no dispute that before the District Court's remedial plan was placed into effect the schools in the unreformed segregated system were physically a shambles: [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 29]
"The KCMSD facilities still have numerous health and safety hazards, educational environment hazards, functional impairments, and appearance impairments. The specific problems include: inadequate lighting; peeling paint and crumbling plaster on ceilings, walls and corridors; loose tiles, torn floor coverings; odors resulting from unventilated restrooms with rotted, corroded toilet fixtures; noisy classrooms due to lack of adequate acoustical treatment; lack of off street parking and bus loading for parents, teachers and students; lack of appropriate space for many cafeterias, libraries and classrooms; faulty and antiquated heating and electrical systems; damaged and inoperable lockers; and inadequate fire safety systems. The conditions at Paseo High School are such that even the principal stated that he would not send his own child to that facility." 672 F. Supp., at 403 (citations omitted).
See also Jenkins, 855 F.2d, at 1300 (reciting District Court findings); Jenkins, 639 F. Supp., at 39-40. The cost of turning this shambles into habitable schools was enormous, as anyone would have seen long before the District Court ordered repairs. See Missouri v. Jenkins, 495 U.S., at 38 -40 (discussing the costs of the remedial program and the resulting increases in tax rates within the KCMSD). Property tax-paying parents of white children, seeing the handwriting on the wall in 1985, could well have decided that the inevitable cost of clean-up would produce an intolerable tax rate and could have moved to escape it. The District Court's remedial orders had not yet been put in place. Was the white flight caused by segregation or desegregation? The distinction has no significance.
Another example makes the same point. After Brown, white parents likely came to understand that the practice of spending more on white schools than on [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 30] black ones would be stopped at some point. If they were unwilling to raise all expenditures to match the customary white school level, they must have expected the expenditures on white schools to drop to the level of those for the segregated black schools or to some level in between. See, e.g., 639 F. Supp., at 39-40 (describing a decline in all 68 of the KCMSD's school buildings in the past "10 to 15 years"). If they thus believed that the white schools would deteriorate they might then have taken steps to establish private white schools, starting a practice of local private education that has endured. Again, what sense does it make to say of this example that the cause of white private education was desegregation (not yet underway), rather than the segregation that led to it?
I do not claim that either of these possible explanations would ultimately turn out to be correct, for any such claim would head me down the same road the Court is taking, of resolving factual issues independently of the trial court without warning the respondents that the full evidentiary record bearing on the issue should be identified for us. My point is only that the Court is on shaky grounds when it assumes that prior segregation and later desegregation are separable in fact as causes of "white flight," that the flight can plausibly be said to result from desegregation alone, and that therefore as a matter of fact the "intradistrict" segregation violation lacked the relevant consequences outside the district required to justify the District Court's magnet concept. With the arguable plausibility of each of these assumptions seriously in question, it is simply rash to reverse the concurrent factual findings of the District Court and the Court of Appeals. All the judges who spoke to the issue below concluded that segregated schooling in the KCMSD contributed to the exodus of white students from the district. Among them were not only the judges most familiar with the record of this [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 31] litigation, Judge Clark of the District Court and the three members of the Court of Appeals panel that has retained jurisdiction over the case, see supra, at 25, but also the five judges who dissented from the denial of rehearing en banc in the Court of Appeals (whose opinion the majority does not hesitate to rely on for other purposes):
"[By 1985], `[w]hite flight' to private schools and to the suburbs was rampant.
"The district court, correctly recognizing that at least part of this problem was the consequence of the de jure segregation previously practiced under Missouri constitutional and statutory law, fashioned a remedial plan for the desegregation of the KCMSD . . . ." 19 F.3d, at 397 (Beam, J., dissenting from denial of rehearing en banc).
The reality is that the Court today overturns the concurrent factual findings of the District Court and the Court of Appeals without having identified any circumstance in the record sufficient to warrant such an extraordinary course of action.
To the substantial likelihood that the Court proceeds on erroneous assumptions of fact must be added corresponding errors of law. We have most recently summed up the obligation to correct the condition of de jure segregation by saying that "the duty of a former de jure district is to take `whatever steps might be necessary to convert to a unitary system in which racial discrimination would be eliminated root and branch.'" Freeman, 503 U.S., at 486 , quoting Green, 391 U.S., at 437 -438. Although the fashioning of judicial remedies to this end has been left, in the first instance, to the equitable discretion of the district courts, in Milliken I we established an absolute limitation on this exercise of equitable authority. "[W]ithout an interdistrict violation and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 32] interdistrict effect, there is no constitutional wrong calling for an interdistrict remedy." Milliken I, 418 U.S., at 745 .
The Court proceeds as if there is no question but that this proscription applies to this case. But the proscription does not apply. We are not dealing here with an interdistrict remedy in the sense that Milliken I used the term. In the Milliken I litigation, the District Court had ordered 53 surrounding school districts to be consolidated with the Detroit school system, and mandatory busing to be started within the enlarged district, even though the court had not found that any of the suburban districts had acted in violation of the Constitution. "The metropolitan remedy would require, in effect, consolidation of 54 independent school districts historically administered as separate units into a vast new super school district." Id., at 743. It was this imposition of remedial measures on more than the one wrongdoing school district that we termed an "interdistrict remedy":
"We . . . turn to address, for the first time, the validity of a remedy mandating cross-district or interdistrict consolidation to remedy a condition of segregation found to exist in only one district." Id., at 744.
And it was just this subjection to court order of school districts not shown to have violated the Constitution that we deemed to be in error:
"Before the boundaries of separate and autonomous school districts may be set aside by consolidating the separate units for remedial purposes or by imposing a cross-district remedy, it must first be shown that there has been a constitutional violation within one district that produces a significant segregative effect in another district. . . . [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 33]
". . . To approve the remedy ordered by the court would impose on the outlying districts, not shown to have committed any constitutional violation, a wholly impermissible remedy based on a standard not hinted at in Brown I and II or any holding of this Court." Id., at 744-745.
We did not hold, however, that any remedy that takes into account conditions outside of the district in which a constitutional violation has been committed is an "interdistrict remedy," and as such improper in the absence of an "interdistrict violation." To the contrary, by emphasizing that remedies in school desegregation cases are grounded in traditional equitable principles, id., at 737-738, we left open the possibility that a district court might subject a proven constitutional wrongdoer to a remedy with intended effects going beyond the district of the wrongdoer's violation, when such a remedy is necessary to redress the harms flowing from the constitutional violation.
The Court, nonetheless, reads Milliken I quite differently. It reads the case as categorically forbidding imposition of a remedy on a guilty district with intended consequences in a neighboring innocent district, unless the constitutional violation yielded segregative effects in that innocent district. See, e.g., ante, at 21 ("But this interdistrict goal [of attracting nonminority students from outside the KCMSD schools] is beyond the scope of the intradistrict violation identified by the District Court" (emphasis deleted).).
Today's decision therefore amounts to a redefinition of the terms of Milliken I and consequently to a substantial expansion of its limitation on the permissible remedies for prior segregation. But that is not the only prior law affected by today's decision. The Court has not only rewritten Milliken I; it has effectively overruled a subsequent case expressly refusing to constrain remedial equity powers to the extent the Court does [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 34] today, and holding that courts ordering relief from unconstitutional segregation may, with an appropriate factual predicate, exercise just the authority that the Court today eliminates.
Two Terms after Milliken, we decided Hills v. Gautreaux, 425 U.S. 284 (1976), in a unanimous opinion by Justice Stewart. The District Court in Gautreaux had found that the United States Department of Housing and Urban Development (HUD) and the Chicago Housing Authority (CHA) had maintained a racially segregated system of public housing within the City of Chicago, in violation of various constitutional and statutory provisions. There was no indication that the violation had produced any effects outside the city itself. The issue before us was whether "the remedial order of the federal trial court [might] extend beyond Chicago's territorial boundaries." Id., at 286. Thus, while JUSTICE O'CONNOR suggests that Gautreaux may not have addressed the propriety of a remedy with effects going beyond the district in which the constitutional violation had occurred, ante, at 4-5, her suggestion cannot be squared with our express understanding of the question we were deciding: "the permissibility in light of Milliken of `inter-district relief for discrimination in public housing in the absence of a finding of an inter-district violation.'" Gautreaux, supra, at 292.
HUD argued that the case should turn on the same principles governing school desegregation orders and that, under Milliken I, the District Court's order could not look beyond Chicago's city limits, because it was only within those limits that the constitutional violation had been committed. 425 U.S., at 296 -297. We agreed with HUD that the principles of Milliken apply outside of the school desegregation context, 425 U.S., at 294 , and n. 11, but squarely rejected its restricted interpretation of those principles and its view of limited equitable authority to remedy segregation. We held that a district [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 35] court may indeed subject a governmental perpetrator of segregative practices to an order for relief with intended consequences beyond the perpetrator's own subdivision, even in the absence of effects outside that subdivision, so long as the decree does not bind the authorities of other governmental units that are free of violations and segregative effects:
"[Milliken's] holding that there had to be an interdistrict violation or effect before a federal court could order the crossing of district boundary lines reflected the substantive impact of a consolidation remedy on separate and independent school districts. The District Court's desegregation order in Milliken was held to be an impermissible remedy not because it envisioned relief against a wrongdoer extending beyond the city in which the violation occurred but because it contemplated a judicial decree restructuring the operation of local governmental entities that were not implicated in any constitutional violation." Id., at 296 (footnote omitted).
In the face of Gautreaux's language, the Court claims that it was only because the "`relevant geographic area for the purposes of the [plaintiffs'] housing options [was] the Chicago housing market, not the Chicago city limits,'" ante, at 26, quoting Gautreaux, supra, at 299, that we held that "`a metropolitan area remedy [was] not impermissible as a matter of law,'" ante, at 26, quoting Gautreaux, supra, at 306. See also ante, at 5 (O'CONNOR, J., concurring). But that was only half the explanation. Requiring a remedy outside the city in the wider metropolitan area was permissible not only because that was the area of the housing market even for people who lived within the city (thus relating the scope of the remedy to the violation suffered by the victims) but also because the trial court could order a remedy in that market without binding a governmental [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 36] unit innocent of the violation and free of its effects. In "reject[ing] the contention that, since HUD's constitutional and statutory violations were committed in Chicago, Milliken precludes an order against HUD that will affect its conduct in the greater metropolitan area," we stated plainly that "[t]he critical distinction between HUD and the suburban school districts in Milliken is that HUD has been found to have violated the Constitution. That violation provided the necessary predicate for the entry of a remedial order against HUD and, indeed, imposed a duty on the District Court to grant appropriate relief." Gautreaux, 425 U.S., at 297 . Having found HUD in violation of the Constitution, the District Court was obligated to make "every effort . . . to employ those methods [necessary] `to achieve the greatest possible degree of [relief], taking into account the practicalities of the situation,'" ibid., quoting Davis v. Board of School Comm'rs of Mobile County, 402 U.S. 33, 37 (1971), and the District Court's methods could include subjecting HUD to measures going beyond the geographical or political boundaries of its violation. "Nothing in the Milliken decision suggests a per se rule that federal courts lack authority to order parties found to have violated the Constitution to undertake remedial efforts beyond the municipal boundaries of the city where the violation occurred." 425 U.S., at 298 .
On its face, the District Court's magnet school concept falls entirely within the scope of equitable authority recognized in Gautreaux. In Gautreaux, the fact that the CHA and HUD had the authority to operate outside the limits of the City of Chicago meant that an order to fund or build housing beyond those limits would "not necessarily entail coercion of uninvolved governmental units . . . ." Id., at 298. Here, by the same token, the District Court has not sought to "consolidate or in any way restructure" the SSDs, id., at 305-306, or, indeed, [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 37] to subject them to any remedial obligation at all. 7 The District Court's remedial measures go only to the operation and quality of schools within the KCMSD, and the burden of those measures accordingly falls only on the two proven constitutional wrongdoers in this case, the KCMSD and the State. And insofar as the District Court has ordered those violators to undertake measures to increase the KCMSD's attractiveness to students from other districts and thereby to reverse the flight attributable to their prior segregative acts, its orders do not represent an abuse of discretion, but instead appear "wholly commensurate with the `nature and extent of the constitutional violation.'" Id., at 300, quoting Milliken I, 418 U.S., at 744 .
The Court's failure to give Gautreaux its due points up the risks of its approach to this case. The major peril of addressing an important and complex question without adequate notice to the parties is the virtual certainty that briefing and argument will not go to the real point. If respondents had had reason to suspect that the validity of applying the District Court's remedial concept of magnet schools in this case would be the focus of consideration by this Court, they presumably would have devoted significant attention to Gautreaux in their briefing. As things stand, the only references to the case in the parties' briefs were two mere passing mentions by the Jenkins respondents and a footnote by the State implying that Gautreaux was of little relevance here. The State's footnote says that "in Gautreaux, there was evidence of suburban discrimination and [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 38] of the `extra-city impact of [HUD's] intracity discrimination.'" Brief for Petitioners 28, n. 18. That statement, however, is flatly at odds with Justice Stewart's opinion for the Court: "the Court of Appeals surmised that either an interdistrict violation or an interdistrict segregative effect may have been present in this case. There is no support provided for either conclusion. . . . [I]t is apparent that the Court of Appeals was mistaken in supposing that the [record contains] evidence of suburban discrimination justifying metropolitan area relief. . . . [And the Court of Appeals's] unsupported speculation falls far short of the demonstration of a `significant segregative effect in another district' discussed in the Milliken opinion." Gautreaux, 425 U.S., at 294 -295, n. 11. 8 [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 39]
After being misrepresented by the State and mentioned only briefly by the other parties, Gautreaux's holding is now effectively overruled, for the Court's opinion can be viewed as correct only on that assumption. But there is no apparent reason to reverse that decision, which represented the judgment of a unanimous Court, seems to reflect equitable common sense, and has been in the reports for two decades. While I would reserve final judgment on Gautreaux's future until a time when the subject has been given a full hearing, I realize that after today's decision there may never be an occasion for any serious examination of Gautreaux. If things work out that way, there will doubtless be those who will quote from Gautreaux to describe today's opinion as "transform[ing] Milliken's principled limitation on the exercise of federal judicial authority into an [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 40] arbitrary and mechanical shield for those found to have engaged in unconstitutional conduct." Id., at 300.
I respectfully dissent.
[ Footnote 1 ] In related litigation about the schools of St. Louis, the Eighth Circuit has noted that "[b]efore the Civil War, Missouri prohibited the creation of schools to teach reading and writing to blacks. Act of Feb. 16, 1847, 1, 1847 Mo. Laws 103. State-mandated segregation was first imposed in the 1865 Constitution, Article IX 2. It was reincorporated in the Missouri Constitution of 1945: Article IX specifically provided that separate schools were to be maintained for `white and colored children.' In 1952, the Missouri Supreme Court upheld the constitutionality of Article IX under the United States Constitution. Article IX was not repealed until 1976." Liddell v. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 3] Missouri, 731 F.2d 1294, 1305-1306 (CA8 1984) (case citations and footnote omitted).
[ Footnote 2 ] JUSTICE O'CONNOR suggests that I am saying something inconsistent with the position I took in Bray v. Alexandria Women's Health Clinic, 506 U.S. ___ (1993), see ante, at 3, but her claim rests on a misunderstanding of my position in that case. I did not think that in Bray we could reach the question whether respondents' claims fell within the "prevention clause" of 42 U.S.C. 1985(3) simply because the question "`was briefed, albeit sparingly, by the parties prior to the first oral argument.'" Ante, at 3. Rather, I said that "[t]he applicability of the prevention clause is fairly included within the questions presented, especially as restated by respondents . . . ." Bray, supra, at ___ (SOUTER, J., concurring in judgment in part and dissenting in part) (slip op., at 3). Thus the question was literally before us (as JUSTICE O'CONNOR believes the foundational question is before us under the second of the State's questions). What is not debatable is that Bray was not preceded by prior litigation indicating we would not consider the "prevention clause" issue, whereas this case was preceded by a refusal to take the very foundational issue that JUSTICE O'CONNOR argues is within the literal terms of the second question focusing on salaries. See infra. I obviously thought the Court was wrong to reject supplemental briefing on the prevention clause, but that rejection was a far cry from refusing to take the issue.
[ Footnote 3 ] There is no claim of anything unreasonable in the salary increases merely because the District Court has ordered them, whereas they might otherwise have been set by collective bargaining. For that matter, the Court of Appeals observed that the District Court has not replaced collective bargaining in the KCMSD with a rubber-stamping of union requests, but rather has "juridically pruned applications of funding that have been presented to it," 13 F.3d, at 1174, ordering salary increases that have been far smaller than those requested by the union. See, e.g., App. to Pet. for Cert. A-102, A-104 to A-106 (Order of June 30, 1993).
[ Footnote 4 ] This was not the only, or even the principal, purpose of the magnet schools. The District Court found that magnet schools would assist in remedying the deficiencies in student achievement in the KCMSD, see supra, at 4-5. Moreover, while the Court repeatedly describes the magnet school program as looking beyond the boundaries of the district, the program is primarily aimed not at drawing back white children whose parents have moved to another district, but rather at drawing back children who attend private schools while living within the geographical confines of the KCMSD, whose population remains majority white, Jenkins, 855 F.2d, at 1302-1303. See 1 App. 132 (Order of Nov. 12, 1986) ("Most importantly, the Court believes that the proposed magnet plan is so attractive that it would draw non-minority students from the private schools who have abandoned or avoided the KCMSD, and draw in additional non-minority students from the suburbs"). As such, a substantial impetus for the District Court's remedy does not consider the world beyond district boundaries at all, and much of the Court's opinion is of little significance to the case before it.
[ Footnote 5 ] JUSTICE O'CONNOR also rests on supposition. See ante, at 12 ("In this case, it may be the `myriad factors of human existence,' that have prompted the white exodus from the KCMSD . . .") (citation omitted).
[ Footnote 6 ] The Court states that the Court of Appeals would not have decided the question whether the State and the KCMSD's violations produced segregative effects in the SSDs, as respondents lacked standing to raise the issue. Ante, at 25, n. 9. This statement eludes explanation. In Milliken I, 418 U.S. 717 (1974), we held that before a district court may order the mandatory interdistrict reassignment of students throughout a metropolitan area, it must first find either that multiple school districts participated in the unconstitutional segregation of students, or that the violation within a single school district "produce[d] . . . significant segregative effect[s]" in the others. Id., at 744-745. See ante, at 22; ante, at 4, 7 (O'CONNOR, J., concurring); see also infra, at 32-33. In the earlier stages of this litigation, the Jenkins respondents sought the mandatory reassignment of students throughout the Kansas City metropolitan area, and the District Court, 3 App. 721-820 (Order of June 5, 1984), and the Court of Appeals, Jenkins, 807 F.2d, at 665-666, 672, rejected such relief on the grounds that the requirements of Milliken I had not been satisfied. The Court is now saying that respondents lacked standing to raise the issue of interdistrict segregative effects, and that the District Court and the Court of [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 28] Appeals lacked the authority to reach the issue, even though that is precisely what was required of them under Milliken I.
[ Footnote 7 ] Thus, the Court errs in suggesting that the District Court has sought to do here indirectly what we held the District Court could not do directly in Milliken I. Ante, at 23. The District Court here has not attempted, directly or indirectly, to impose any remedial measures on school districts innocent of a constitutional violation or free from its segregative effects.
[ Footnote 8 ] JUSTICE O'CONNOR thinks I place undue emphasis on the Gautreaux Court's footnote, turning it into an "island, entire of itself . . . ," ante, at 6, but it cannot be shrunk to the dimension necessary to support the majority's result. According to JUSTICE O'CONNOR, Gautreaux holds that "territorial transgression" of any kind "is permissible only upon a showing that [an] intradistrict constitutional violation [has] produced significant interdistrict segregative effects. . . ." Ante, at 4. She finds Gautreaux significant only in reversing the Court of Appeals's finding that such effects had been established on the record of that case, and she understands that the Court remanded the case to the District Court with the understanding that it would order relief going beyond the City of Chicago's boundaries only if it found significant interdistrict segregative effects to exist. Ante, at 6.
But this is an implausible reading. JUSTICE O'CONNOR is correct that in Gautreaux we reiterated the importance of Milliken I's requirement of significant interdistrict segregative effects, but we did so only in connection with the type of relief at issue in Milliken I, that involving "direct federal judicial interference with local governmental entities" not shown to have violated the Constitution. Gautreaux, 425 U.S., at 294 ; see generally id., at 292-298. As the language I have quoted above demonstrates, we made it very clear in Gautreaux that the District Court could order relief going beyond the boundaries of the City of Chicago without any finding of [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 39] such effects, because that relief would impose no obligation on governmental units innocent of a constitutional violation and free of its effects. Indeed, when we summarized our holding at the conclusion of our opinion, we made the point yet again. "In sum, there is no basis for the petitioner's claim that court-ordered metropolitan area relief in this case would be impermissible as a matter of law under the Milliken decision. In contrast to the desegregation order in that case, a metropolitan area relief order directed to HUD would not consolidate or in any way restructure local governmental units." Id., at 305-306. While JUSTICE O'CONNOR, ante, at 6, (and the Court, ante, at 26-27) seeks to make much of the fact that we did not order metropolitan relief ourselves in Gautreaux, but rather remanded the case to the District Court, we did so because we recognized that the question of what relief to order was a matter for the District Court in the first instance. "The nature and scope of the remedial decree to be entered on remand is a matter for the District Court in the exercise of its equitable discretion, after affording the parties an opportunity to present their views." Id., at 306. Nowhere did we state that before the District Court could order metropolitan area relief, it would first have to make findings of significant segregative effects extending beyond the City of Chicago's borders. [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 1]
JUSTICE GINSBURG, dissenting.
I join Justice Souter's illuminating dissent and emphasize a consideration key to this controversy.
The Court stresses that the present remedial programs have been in place for seven years. Ante, at 31-32. But compared to more than two centuries of firmly entrenched official discrimination, the experience with the desegregation remedies ordered by the District Court has been evanescent.
In 1724, Louis XV of France issued the Code Noir, the first slave code for the Colony of Louisiana, an area that included Missouri. Violette, The Black Code in Missouri, in 6 Proceedings of the Mississippi Valley Historical Association 287, 288 (B. Shambaugh ed. 1913). When Missouri entered the Union in 1821, it entered as a slave State. Id., at 303.
Before the Civil War, Missouri law prohibited the creation or maintenance of schools for educating blacks: "No person shall keep or teach any school for the instruction of negroes or mulattoes, in reading or writing, in this State." Act of February 16, 1847, 1, 1847 Mo. Laws 103.
Beginning in 1865, Missouri passed a series of laws requiring separate public schools for blacks. See, e.g., Act of March 29, 1866, 20, 1865 Mo. Laws 177. The [ MISSOURI v. JENKINS, ___ U.S. ___ (1995) , 2] Missouri Constitution first permitted, then required, separate schools. See Mo. Const. 1865, Art. IX, 2; Mo. Const. 1875, Art. XI, 3.
After this Court announced its decision in Brown v. Board of Education, 347 U.S. 483 (1954), Missouri's Attorney General declared these provisions mandating segregated schools unenforceable. See Jenkins v. Missouri, 593 F. Supp. 1485, 1490 (WD Mo. 1984). The statutes were repealed in 1957 and the constitutional provision was rescinded in 1976. Ibid. Nonetheless, thirty years after Brown, the District Court found that "the inferior education indigenous of the state-compelled dual school system has lingering effects in the Kansas City, Missouri School District." 593 F. Supp., at 1492. The District Court concluded that "the State . . . cannot defend its failure to affirmatively act to eliminate the structure and effects of its past dual system on the basis of restrictive state law." Id., at 1505. Just ten years ago, in June 1985, the District Court issued its first remedial order. Jenkins v. Missouri, 639 F. Supp. 19 (WD Mo. 1985).
Today, the Court declares illegitimate the goal of attracting nonminority students to the Kansas City, Missouri, School District, ante, at 23, and thus stops the District Court's efforts to integrate a school district that was, in the 1984/1985 school year, sorely in need and 68.3% black. 639 F. Supp., at 36; see also Jenkins v. Missouri, 672 F. Supp. 400, 411 (WD Mo. 1987) (reporting that physical facilities in the School District had "literally rotted"). Given the deep, inglorious history of segregation in Missouri, to curtail desegregation at this time and in this manner is an action at once too swift and too soon. Cf. App. to Pet. for Cert. A-13 (Court of Appeals noted with approval that the District Court had ordered the School District to submit plans projecting termination of court-ordered funding at alternative intervals, running from April 1993, of three, five, seven, or, at most, ten years). Page I
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Blodgett v. B. H. Dyas Co.
Laird v. T.W. Mather, Inc.
[1] It is conceded that the plaintiff was a business invitee at the time of the accident. Defendant was…
Mula v. Meyer
He may be able to prove that, although he was negligent, plaintiff too acted negligently so as to contribute…
Full title:ANNA BLODGETT et al., Appellants, v. B.H. DYAS CO., Respondent
Court:Supreme Court of California
Date published: Oct 25, 1935
4 Cal.2d 511 (Cal. 1935)
50 P.2d 801
Supreme Court of California
In Blodgett v. B. H. Dyas Co. (1935) 4 Cal.2d 511, whose facts are similar to the present case, the plaintiff did not notice stairs, stepped into them and fell in "'broad daylight.'"
Summary of this case from Slosek v. Gibson
Docket No. L.A. 15266.
APPEAL from a judgment of the Superior Court of Los Angeles County. Joseph P. Sproul, Judge. Affirmed.
F.E. Blodgett, Edward Fitzpatrick and George R. Maury for Appellants.
Joe Crider, Jr., for Respondent.
THE COURT.
After a further consideration of the opinion of the District Court of Appeal, we are convinced that it has reached a correct conclusion therein. We therefore adopt said opinion, written by Justice pro tempore Edmonds of the Second District Court of Appeal, First Division, as the opinion of this court. It is as follows:
"Plaintiff appeals from a judgment of nonsuit rendered against her in an action for personal injuries.
"At the time of the accident she was walking east on Seventh street in downtown Los Angeles, looking into the show windows of the building occupied by the defendant. Somewhere near the center of this building on the Seventh street side there was a recess from which a stairway led to the basement. This recess from a point about five feet from the sidewalk which was immediately adjacent to the building, was almost entirely occupied by the stairway, which was ten feet in width.
"Plaintiff, intent upon a suit of clothes in the window walked around the corner of the show window on Seventh street into the entry and stepped into the stairway, receiving injuries for which she claims damages. She testified that she did not look down at the pavement on which she was walking, that she did not see the stairway nor know it was there. Her entire attention was fixed upon the suit in the window.
"The evidence shows without conflict that plaintiff heedlessly walked into an open stairway in broad daylight. She was a pedestrian on a busy street, paying no attention whatever to where she was walking. The trial court properly granted defendant's motion for a nonsuit.
[1] "The owner of property, in so far as an invitee is concerned, is not an insurer of safety but must use reasonable care to keep his premises in a reasonably safe condition and give warning of latent or concealed perils. He is not liable for injury to an invitee resulting from a danger which was obvious or should have been observed in the exercise of reasonable care. ( Shanley v. American Olive Co., 185 Cal. 552 [ 197 P. 793]; Mautino v. Sutter Hospital Assn., 211 Cal. 556 [ 296 P. 76].)
[2] "A person walking through the busy streets of a large city is charged with the knowledge that there are many open stairways leading to basements of mercantile establishments. There is no duty to give any warning in broad daylight of the presence of a stairway and persons must use their eyes to protect themselves from such obvious dangers. ( Woolworth Co. v. Conboy, 170 Fed. 934 [23 L.R.A. (N.S.) 743]; Hunnewell v. Haskell, 174 Mass. 557 [55 N.E. 320].)
"The case of Murphy v. Broadway Improvement Co., 189 App. Div. 692 [178 N.Y. Supp. 860], upon which appellant chiefly relies, is not determinative of her case. The accident in that case occurred at night, in a stairway not in general use and 18 inches inside the building line. It was held that the sufficiency of the lighting was a question of fact for the jury, the defendant owing the duty to maintain the entrance to the building passageway and lights, so that they were reasonably safe for all persons using the premises and themselves exercising due care. In the present case, as has been stated, plaintiff by her own testimony showed an entire lack of care for her own safety.
[3] "The trial court received in evidence over the objection of the defendant, an ordinance of the city of Los Angeles requiring a center handrail in stairways more than seven feet in width. The stairway into which plaintiff fell did not have such a rail. Plaintiff insists that by the violation of such ordinance defendant was guilty of negligence as a matter of law and that she is, therefore, entitled to recover.
"The evidence shows that the lack of the handrail was neither the proximate nor any cause of plaintiff's fall. Any violation of the ordinance by the defendant would, therefore, be immaterial. [4] Even if the defendant was negligent in the violation of the ordinance, that fact would not preclude the court from finding that plaintiff was guilty of contributory negligence as a matter of law. ( David v. John Breuner Co., 167 Cal. 683 [ 140 P. 586]; Wagy v. Brave, 133 Cal.App. 413 [ 24 P.2d 209].) The undisputed evidence showing a lack of due caution on the part of the plaintiff precludes her right to recover. ( Bence v. Teddy's Taxi, 101 Cal.App. 748 [ 282 P. 392, 283 P. 86].)"
In Blodgett v. B.H. Dyas Co., supra, the plaintiff, intent upon a suit of clothes in defendant's store window, stepped into a recessed entranceway and fell upon the stairway which she did not see although it was a bright day.
Summary of this case from Obrien v. Fong Wan
In Blodgett v. B.H. Dyas Co., 4 Cal.2d 511, the court said at page 513 [ 50 P.2d 801]: "The evidence shows that the lack of the handrail was neither the proximate nor any cause of plaintiff's fall. Any violation of the ordinance by the defendant would, therefore, be immaterial."
Summary of this case from Freeman v. Nickerson
In Blodgett v. B.H. Dyas Co., 4 Cal.2d 511, 512 [ 50 P.2d 801], the court states: "The owner of property, in so far as an invitee is concerned, is not an insurer of safety but must use reasonable care to keep his premises in a reasonably safe condition and give warning of latent or concealed perils.
Summary of this case from Hill v. Eaton Smith
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Statewide Grievance Committee v. Presnick
City of Milford v. Andresakis
A motion to strike is not the proper method by which to raise the issue of res judicata and collateral…
Tremaine v Tremaine, No. CV96 0149565
"A motion to strike is not the proper method by which to raise the issue of res judicata and collateral…
Full title:STATEWIDE GRIEVANCE COMMITTEE v. DANIEL V. PRESNICK
Court:Supreme Court of Connecticut
577 A.2d 1054 (Conn. 1990)
577 A.2d 1054
Supreme Court of Connecticut
upholding lower court suspension of Presnick arising out of misconduct suit
Summary of this case from Presnick v. Santoro
The defendant attorney appealed from the judgment of the trial court suspending him from the practice of law for two years. He claimed, inter alia, that the trial court engaged in judicial vindictiveness when, following his successful appeal from a previously imposed ninety day suspension, the trial court, upon remand imposed the two year suspension. Held that the trial court did not abuse its discretion in imposing the two year suspension, and that the claim of judicial vindictiveness was without merit, the defendant having, in the interim between the two proceedings, been found to have engaged in conduct that was deceitful.
Argued June 5, 1990
Decision released August 7, 1990
Presentment by the plaintiff for alleged professional misconduct by the defendant, brought to the Superior Court in the judicial district of New Haven and tried to the court, Fracasse, J.; judgment suspending the defendant from the practice of law for two years, from which judgment the defendant appealed. Affirmed.
Daniel V. Presnick, pro se, the appellant (defendant).
Seymour N. Weinstein, for the appellee (plaintiff).
COVELLO, J.
This is an appeal by the defendant, Daniel V. Presnick, an attorney at law, of the Superior Court that suspended him from the practice of law for two years. The principal issues are: (1) whether grievance panels, reviewing committees and the statewide grievance committee function as an unconstitutionally created court in violation of article fifth, 1 of the Connecticut constitution; (2) whether the defendant was denied due process in violation of the fourteenth amendment to the United States constitution and article first, 10 of the Connecticut constitution; (3) whether clear and convincing evidence is the appropriate standard of proof in attorney disciplinary proceedings; (4) whether the defendant could be suspended from the practice of law absent a finding that he possessed a corrupt motive or evil intent; (5) whether, on remand, the trial court abused its discretion or engaged in judicial vindictiveness when it suspended the defendant from the practice of law for two years, where the term of suspension imposed upon the defendant in the first presentment proceeding was ninety days; (6) whether the evidence supported a finding that the defendant misappropriated his client's funds; and (7) whether the trial court should have dismissed the presentment. We affirm the judgment of the trial court.
Examination of the record discloses that, on August 11, 1987, the plaintiff filed a presentment of attorney misconduct against the defendant alleging that he had committed two acts of misconduct involving his character, integrity and professional standing and conduct. On September 8, 1987, the trial court, Downey, J., conducted an evidentiary hearing concerning these allegations. The trial court concluded that the defendant had violated the Code of Professional Responsibility (code) as to both allegations of misconduct and rendered judgment suspending the defendant from the practice of law for ninety days.
The Code of Professional Responsibility applies to attorney conduct that occurred, as in this case, before October 1, 1986, at which time it was replaced by the Rules of Professional Conduct.
The defendant appealed to the Appellate Court. In Statewide Grievance Committee v. Presnick, 18 Conn. App. 475, 559 A.2d 227 (1989), the Appellate Court set aside the judgment of the trial court and ordered a new trial on the ground that the proper standard of proof to use in determining whether an attorney had violated the code is the "clear and convincing" evidence standard, rather than the "fair preponderance" standard used by the trial court.
Upon remand, following a second hearing, the trial court, Fracasse, J., concluded that, as to the first allegation of misconduct, the defendant had violated DR 1-102 (A)(1) and (4), and DR 9-102 (A) and (B) of the code. The trial court rendered judgment suspending the defendant from the practice of law for two years. As to the second allegation of misconduct, the trial court concluded that the defendant had violated DR 2-101 (A) through (D) of the code. The trial court rendered judgment reprimanding the defendant and ordered the return of a $75 legal fee collected on the basis of misleading advertising. The defendant appealed both sanctions to the Appellate Court. We thereafter transferred the appeal to ourselves pursuant to Practice Book 4023.
The Code of Professional Responsibility provides in part: "DR 1-102 MISCONDUCT. (A) A lawyer shall not: (1) violate a Disciplinary Rule. . . . (4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation. . . ."
The Code of Professional Responsibility provides in part "DR 9-102 PRESERVING IDENTITY OF FUNDS AND PROPERTY OF A CLIENT. (A) All funds of clients paid to a lawyer or law firm, other than advances for costs and expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in which the law office is situated at a financial institution authorized to do business in such state, and no funds belonging to the lawyer or law firm shall be deposited therein except as follows: "(1) Funds reasonably sufficient to pay bank charges may be deposited therein. "(2) Funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved. "(B) A lawyer shall: "(1) Promptly notify a client of the receipt of his funds, securities, or other properties. "(2) Identify and label securities and properties of a client promptly upon receipt and place them in a safe deposit box or other place of safekeeping as soon as practicable. "(3) Maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his client regarding them. "(4) Promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive . . . The trial court specifically found that the defendant had wrongfully applied child support payments received in behalf of a client to that client's outstanding bill for legal services rendered.
The Code of Professional Responsibility provides in part: "PUBLICITY IN GENERAL. (A) A lawyer shall not, on behalf of himself, his partner, associate or any other lawyer affiliated with him or his firm, use, or participate in the use of, any form of public communication containing a false, fraudulent, misleading, deceptive, self-laudatory or unfair statement or claim, nor shall any such communication be in an extravagant format. . . . "(B) . . .[A] lawyer may publish . . . . "(15) Fee for an initial consultation. . . . "(C) When a lawyer publishes a fee for a service and thereafter renders the service, it must be rendered for no more than the fee advertised. "(D)Unless otherwise specified in the publication, if the lawyer publishes any fee information authorized under DR 2-101 (B), the lawyer shall be bound by any representation made therein for the following periods . . . . "(2) If published in newspapers and periodicals that are published once a month or less frequently, for the period until the next publication. . . ." The trial court specifically found that the defendant had engaged in misleading and deceptive advertising by representing that the initial client consultation was free when in fact it was only the telephone call to the defendant's office and the discussion therein involved that was free, and that the defendant billed the face to face consultation that followed at the rate of $25 for each 15 minutes.
The majority of the issues raised by the defendant have been disposed of in Statewide Grievance Committee v. Presnick, 215 Conn. 162, 575 A.2d 210 (1990) (Presnick I). The issues remaining are whether: (1) the trial court abused its discretion when it suspended the defendant for two years when the term of Suspension imposed upon the defendant in the first presentment proceeding was ninety days; (2) imposing the increased period of suspension after the rehearing of a matter that the defendant had successfully appealed constituted judicial vindictiveness in violation of the principles articulated in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), overruled in part on other grounds, Alabama v. Smith, 490 U.S. 794, 109 S.Ct. 2204, 104 L.Ed.2d 865 (1989); (3) the evidence supported the trial court's finding; and (4) the trial court should have dismissed the presentment.
The defendant first claims that the trial court abused its discretion when it suspended him for two years. In the context of attorney disciplinary proceedings, we have observed that "[t]he trial court upon such a complaint is not engaged in the trial of an ordinary action but is investigating the conduct of all officer of the court to the end that the courts and the public may be protected from his misconduct or unfitness. `Into its determination there naturally and necessarily enters a large measure of judicial discretion.' It `is not an absolute, but a reasonable' discretion which the court exercises." Grievance Committee v. Broder, 112 Conn. 263, 266, 152 A. 292 (1930).
"The fact that the court exercises a large measure of discretion and is in a position to most intelligently exercise it, furnishes no obstacle to a review to ascertain not only whether a reasonable discretion was used, but also whether the proceedings were regular and fair. . . .
"It does not follow, however, that the review which the court will make is one which will be permitted to take as wide a range, or assume the same character, as where the judicial action sought to be reviewed concerns the rights of parties as between themselves. . . . [A]n attorney whose fitness is challenged before the authority to which he owes and is responsible for the privileges he enjoys, has a right to all opportunity to be heard, a fair and dispassionate investigation, and a reasonable exercise of the judicial discretion; but his relation to the tribunal, and the character and purpose of the inquiry, are such, that unless it clearly appears that his rights have in some substantial way been denied him, the action of the court will not be set aside upon review." In re Durant, 80 Conn. 140, 149-50, 67 A. 497 (1907).
The trial court found that the defendant had received ten child support payments totaling $730 on behalf of his client. When queried by the client, he specifically told her that he had not received any support payments from her former husband. He never disclosed that he had received the payments and applied them toward his outstanding legal charges. On appeal, the defendant has not claimed that any of the trial court's predicate findings are unsupported by the evidence nor does our examination of the record disclose this to be the case. In light of such conduct, it does not "clearly appear that (the defendant's] rights have in some substantial way been denied him" and we find, therefore, no abuse of the trial court's discretion.
The defendant next argues that the trial court engaged in judicial vindictiveness when, upon remand and following a rehearing of the identical allegations, it imposed a two year suspension that far exceeded the ninety day Suspension imposed -in the first proceeding. The gravamen of such a claim is that the trial court had retaliatory motives when it imposed the two yearly Suspension and was, in effect, punishing the defendant for having successfully challenged his first Suspension on appeal. We do not agree.
In North Carolina v. Pearce, supra, 725-26, the United States Supreme Court concluded that "[d]ue process of law, then, requires that vindictiveness against a defendant for having successfully attacked his first conviction must' play no part in the sentence he receives after a new trial. And since the fear of such vindictiveness may unconstitutionally deter a defendant's exercise of the right to appeal or collaterally attack his first conviction, due process also requires that a defendant be freed of apprehension of such a retaliatory motivation on the part of the sentencing judge.
"In order to assure the absence of such a motivation, we have concluded that whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for his doing so must affirmatively appear. Those reasons must be based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding."
Although the United States Supreme Court has subsequently reexamined and qualified the Pearce doctrine, it is sufficient for present purposes to observe that the trial court, in imposing the harsher sanction, did exactly what Pearce required. The trial court stated: "Effective July 28, 1989 [18 months after the first sanction was imposed], respondent was suspended from the practice of law for a period of one year. . . . In said proceeding, the court found respondent in violation of Canon 5 and DR 5-104 (A) and DR 1-102 (A)(4). Respondent has now been found to have, for the second time, violated DR 1-102 (A)(4) by engaging in conduct which is deceitful. Accordingly . . . respondent is suspended from the practice of law for the period of two years." Thus it is clear that the harsher sanction was not motivated by vindictiveness but rather by the fact that the respondent had, in the interim, been found for a second time to have "engag[ed] in conduct (that was] deceitful." We conclude that the claim of judicial vindictiveness is totally without merit.
"See, e.g., Texas v. McCullough, 475 U.S. 134, 106 S.Ct. 976, 89 L.Ed.2d 104 (1986) (defendant originally sentenced by jury; judge concluded defendant entitled to new trial; upon retrial defendant chose sentencing by judge; Pearce presumption inapplicable and even if it were to apply, court's findings overcame presumption); Wasman v. United states, 468 U.S. 559, 569, 104 S.Ct. 3217, 82 L.Ed.2d 424 (1984) (presumption of vindictiveness applies since petitioner received greater sentence following retrial than that he had originally received; consideration by court of conviction between original sentencing and sentencing after retrial rebuts presumption); United States v. Goodwin, 457 U.S. 368, 372-84, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982) (pretrial decision by prosecutor to modify charges does not warrant presumption of prosecutorial vindictiveness in pretrial setting); Bordenkircher v. Hayes, 434 U.S. 357, 362-64, 98 S.Ct. 663, 54 L.Ed.2d 604, reh. denied, 435 U.S. 918, 98 S.Ct. 1477, 55 L.Ed.2d 511 (1978) (prosecutor's action in carrying through on statement made during plea negotiations to bring additional charges against defendant if he refused to plead guilty to offense originally charged did not violate due process clause); Black ledge v. Perry, 417 U.S. 21, 25-29, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974) (prosecutor may not bring more serious charge against defendant prior to trial de novo in response to defendant's exercise of statutory right to appeal); Chaffin v. Stynchcombe, 412 U.S. 17, 24-28, 93 S.Ct. 1977, 36 L.Ed.2d 714 (1973) (where resentencing occurs before a jury, potential for abuse in sentencing is minimal; Pearce does not apply); Colten v. Kentucky, 407 U.S. 104, 112-20, 92 S.Ct. 1953, 32 L.Ed.2d 584 (1972) (prophylactic rule announced in Pearce not appropriate in context of two tier system which allowed for trial de novo in court of general criminal jurisdiction following trial or guilty plea in an inferior court; likelihood of vindictiveness not present)." State v. Taylor, 207 Conn. 109, 114-15, 540 A.2d 64 (1988).
We have examined the defendant's remaining claims and conclude that the factual findings placed in issue are supported by clear and convincing evidence and that the trial court correctly applied the applicable law to the facts so found.
"We are unable to find any authority, and the defendant does not suggest any to us, in support of the proposition that the trial court cannot issue an order suspending an attorney from the practice of law in the absence of a finding that the attorney possessed a corrupt motive or an evil intent. We conclude, therefore, that the suspension of an attorney requires no such finding.
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Contact us Pre-GDPR
Gaeilge English
Data Protection Officers
EU-US Data Transfers - Judicial Review Proceedings
Facebook’s judicial review proceedings against the DPC are listed for hearing in the Irish High Court on 15 December 2020.
The proceedings have their origin in the judgment delivered by the CJEU on 16 July 2020 in relation to EU-US data transfers. Following that judgment, the DPC commenced a statutory inquiry into the lawfulness of Facebook’s transfers of personal data relating to millions of its EU users from the EU to the United States.
The inquiry, in which a Preliminary Draft Decision was delivered on 28 August 2020, is being conducted under the Data Protection Act, 2018, and by reference to relevant provisions of the GDPR.
In its judicial review proceedings, Facebook is asking the Court to quash the DPC’s decision to commence the inquiry; it also seeks to have the Preliminary Draft Decision set aside. Facebook’s central complaint is that, in commencing the inquiry, and in issuing the Preliminary Draft Decision, the DPC has not respected Facebook’s right to fair procedures.
The proceedings are being fully defended by the DPC.
Separately, the DPC is continuing its investigation of a complaint relating to Facebook’s EU-US data transfers, as submitted by Max Schrems (in revised form) on 1 December 2015. Because the complaint pre-dates the GDPR, and in light of requirements imposed by national legislation, that investigation is being conducted under the “old regime”, i.e. Directive 95/46/EC and the Data Protection Acts, 1988 and 2003.
Unlike the inquiry now being challenged by Facebook, which is focused on data transfers affecting millions of Facebook users across Europe, the investigation of Mr Schrems’ complaint is specifically directed to transfers of Mr Schrems’ personal data to the US.
Mr Schrems has brought his own, separate judicial review proceedings which are listed for hearing on 13 January 2021. These proceedings are not in relation to the DPC’s investigation of his complaint about transfers. Rather, in his case, which is due to be heard by the same Judge who will hear Facebook’s case, Mr Schrems is also asking the High Court to stop the DPC’s transfers inquiry into Facebook.
Several of Mr Schrems’ objections to the inquiry overlap with those of Facebook; others are different.
Pointing to his standing as a complainant in his own right, and as a de facto representative of European data subjects, Mr Schrems’ overall position is that the DPC should not be permitted to examine Facebook’s transfers by means of a more broadly-drawn inquiry, directed to the interests of Facebook users generally, and without hearing from Mr Schrems. He says the CJEU’s findings must be applied by the DPC solely through its investigation of his complaint.
The DPC respectfully disagrees with Mr Schrems and will be defending Mr Schrems’ proceedings.
Facebook has been joined to Mr Schrems’ judicial review, with Mr Schrems’ agreement; Mr Schrems has likewise been joined to Facebook’s judicial review, with Facebook’s agreement.
By orders of the Court made on the application of Facebook and Mr Schrems, the DPC is precluded from taking any further steps to progress its application of the findings made by the CJEU’s judgment pending the outcome of the judicial review proceedings.
Data Protection: The Basics
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Star Explosion is Lopsided, Finds NASA’s NuSTAR
The still unraveling remains of supernova 1987A are shown here in this image taken by NASA’s Hubble Space Telescope. The bright ring consists of material ejected from the dying star before it detonated. The ring is being lit up by the explosion’s shock wave.Image credit: ESA/Hubble & NASA
NASA’s Nuclear Spectroscopic Telescope Array, or NuSTAR, has found evidence that a massive star exploded in a lopsided fashion, sending ejected material flying in one direction and the core of the star in the other.
The findings offer the best proof yet that star explosions of this type, called Type II or core-collapse supernovae, are inherently asymmetrical, a phenomenon that had been difficult to prove before now.
“Stars are spherical objects, but apparently the process by which they die causes their cores to be turbulent, boiling and sloshing around in the seconds before their demise,” said Steve Boggs of the University of California, Berkeley, lead author of a new study on the findings, appearing in the May 8 issue of Science. “We are learning that this sloshing leads to asymmetrical explosions.”
The supernova remnant in the study, called 1987A, is 166,000 light-years away. Light from the blast that created the remnant lit up skies above Earth in 1987. While other telescopes had found hints that this explosion was not spherical, NuSTAR found the “smoking gun” in the form of a radioisotope called titanium-44.
“Titanium is produced in the very heart of the explosion, so it traces the shape of the engine driving the disassembly of the star,” said Fiona Harrison, the principal investigator of NuSTAR at the California Institute of Technology in Pasadena. “By looking at the shift of the energy of the X-rays coming from titanium, the NuSTAR data revealed that, surprisingly, most of the material is moving away from us.”
The plot of data from NASA’s Nuclear Spectroscopic Telescope Array, or NuSTAR (right), amounts to a “smoking gun” of evidence in the mystery of how massive stars explode. Image credit: NASA/JPL-Caltech/UC Berkeley
Last year, NuSTAR created detailed titanium-44 maps of another supernova remnant, called Cassiopeia A, also finding evidence of an asymmetrical explosion, though not to as great an extent as in 1987A. Together, these results suggest that lopsidedness is at the very root of core-collapse supernova.
When supernova 1987A first lit up our skies decades ago, telescopes around the world had a unique opportunity to watch the event unfold and evolve. Outer, ejected materials lit up first, followed by the innermost materials powered by radioactive isotopes, such as cobalt-56, which decayed into iron-56. In 2012, the European Space Agency’s Integral satellite detected titanium-44 in 1987A. Titanium-44 continues to blaze in the supernova remnant due to its long lifetime of 85 years.
“In some ways, it is as if 1987A is still exploding in front of our eyes,” said Boggs.
NuSTAR brought a new tool to the study of 1987A. Thanks to the observatory’s sharp high-energy X-ray vision, it has made the most precise measurements of titanium-44 yet. This radioactive material is produced at the core of a supernova, so it provides astronomers with a direct probe into the mechanisms of a detonating star.
The NuSTAR spectral data shows that titanium-44 is moving away from us with a velocity of 1.6 million mph (2.6 million kilometers per hour). That indicates ejected material flung outward in one direction, while the compact core of the supernova, called a neutron star, seems to have kicked off in the opposite direction.
“These explosions are driven by the formation of a compact object, the remaining core of the star, and this seems to be connected to the core blasting one direction, and the ejected material, the other,” said Boggs.
Previous observations have hinted at the lopsided nature of supernova blasts, but it was impossible to confirm. Telescopes like NASA’s Chandra X-ray Observatory, which sees lower-energy X-rays than NuSTAR, had spotted iron that had been heated in the 1987A blast, but it was not clear if the iron was generated in the explosion or just happened to have been in the vicinity.
“Radioactive titanium-44 glows in the X-rays no matter what and is only produced in the explosion,” said Brian Grefenstette, a co-author of the study at Caltech. “This means that we don’t have to worry about how the environment influenced the observations. We are able to directly observe the material ejected in the explosion.”
Future studies by NuSTAR and other telescopes should further illuminate the warped nature of supernovae. Is 1987A particularly askew, or in line with other objects in its class? A decades-old mystery continues to unravel before our eyes.
NuSTAR is a Small Explorer mission led by the California Institute of Technology in Pasadena and managed by NASA’s Jet Propulsion Laboratory, also in Pasadena, for NASA’s Science Mission Directorate in Washington.
For more information, visit: http://www.nasa.gov/nustar.
This entry was posted in JPL Pasadena CA, NASA, NASA's Nuclear Spectroscopic Telescope Array (NuSTAR), Organizations – Space Agencies, Space Exploration – Spacecraft, Space Scientific Studies, Supernova's and Exploding Stars and tagged Astronomy, Cosmology, Exploding Star, Lopsided Explosion, NASA, News, NuSTAR Telescope Array, Supernova, Titanium-44.
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One thought on “Star Explosion is Lopsided, Finds NASA’s NuSTAR”
Screenshot said:
Reblogged this on Modern Astronomy.
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Eight years after he began touring while at the University of Arkansas and two years after his first entry into the Top Twenty on the Billboard Album Chart, Ben Rector is back with a new album and is feeling Brand New (Aptly Named Recordings). The singer-songwriter’s newest album marks a return to the spirit of his youth, when he was a music-crazed teenager playing guitar in his Tulsa bedroom. At that time, every new song was a discovery, and turning those songs into a career was just a dream. Since then, the twenty-eight year old has made that dream a reality, independently selling over 250,000 albums and 2,000,000 downloads. His four studio albums and 2014’s Live In Denver, have repeatedly put him on top of the iTunes charts, leading to sold-out shows to fans who sing along with every word in theaters across the country. Rector has written hundreds of songs and played thousands of bills in his young career, but in the writing and recording of Brand New, he re-discovered the energy of his early days, with songs that have all the punch, power and promise of a debut record. Filled with rich string arrangements, percussion, pounding piano chords and effortless melodies, Brand New sounds anthemic. At the same time, its message is both sincere and humble, anchored by songs that are honest and meaningful. It’s pop music with a purpose.
Andy Grammer Better Than Ezra
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PRIME MOVER by John Ritchie
Jun 19, 2020 | Blogs | 1
(with apologies to Zodiac Mindwarp and The Love Reaction)[1]
Regular readers (hello Mum!) of my utterances on this site may be wondering what I have against TBN[2]. Well, not much in all honesty. I mean, it’s sporadic at best. The good shows are really good, the bad shows are often given up on after a few episodes (or in one case, about fifteen minutes) and occasionally we find ourselves watching repeats of BBC shows that a) we have already seen and b) we have already paid for, thanks very much, what with the licence fee and that, eh? There have been attempts at fitting in with the zeitgeist, of a sort, seeing what my chums on social media are getting all lathered up about and giving them a go (the shows, obvs, not my soapy friends[3]) but then I find myself not saying anything on said social media as, well, it’s never worth telling your mates that they have no taste or judgement when it comes to visual pleasures and honestly, as much as I respect you if you keep going on about The Witcher then we are going to have serious words involving my YEARS of study to get my PhD which tells me with absolute certainty that I know that I truly know nothing but that some of your tastes are, at best, to me, questionable. No, leave it Gary, it isn’t worth it, alright? And for godssake if we ever get out of this lockdown thing you are NOT to dress like that in public!
Anyway, TBN and us (me and MDBJ) have a relationship best described as “it’s complicated” but that doesn’t mean what you’re thinking, keep it clean now. You see (assuming you’re still awake and reading this) we sometimes give another service a go.
Amazon Prime.
Right, I’ve said it, so now let’s get to the nitty gritty of how utterly, utterly horrific it is (and later on, time permitting, we’ll get to why AFP[4] and TBN are basically the greatest evils we face (or certainly in the top 20ish)). A standard night in with TBN usually involves about five to ten minutes of scrolling, looking at things, watching a bit and then moving on to the next thing before actually finding something to watch for a bit. A standard night with AFP, well, I lose track of time quite easily (MDBJ blames the wine but I blame the boogie, which I’m told you shouldn’t do) and can tell you that hours have gone by trying to find something to watch. That we will both like.
Ahem, we both have to like it.
Now, MDBJ’s wish is her oft-repeated (sometimes at volume) command so there we are. In terms of television we actually do not watch that much on AFP. We go there for movies, and that’s rare as well. Looking at my list for AFP brings all the usual things you might expect of me: mostly gentle, warm comedies such as Stan and Ollie, Comfort and Joy, and, um, also that film with Anita Ekberg as a killer nun.[5]
You may recall from my first blog that I was a bit critical of Picard, saying that it could have easily been twenty minutes shorter and that’s each episode, not the series as a whole. Because it could have been. There was too much in the way of exposition and recapping and this is really getting me down. We’ve all noticed that a certain kind of show (mostly the ones that have commercial breaks and are ‘lifestyle’ based) will tell you every now and then what you have just watched on it. This we can only assume is for a number of reasons. They think you’re dumb/not really paying attention/channel surfing all the time, OR, it’s not got adverts in it (yet). Actually, there is one show from the BBC that we watched a while ago, the one with Monkman and Seagull and I’m sure it did that as well, y’know? A half hour long show on BBC2, but pretty clearly set up with these little reminders in it already to you, the viewer, suggesting that the whole thing was made with the repeat, commercial market in mind. I’m sure there are other shows that have done this but that’s the one that I think I first noticed it in (who knows, I might be making this up as I go along, after all).
But I digress so let’s get back to AFP. Even Sweep doesn’t like it much (and if anyone wants to fund research into the appeal of TBN over AFP to my nearly six year-old daughter then please do[6]) and she will watch pretty much anything (her latest journeys into the circles of hell include something called Titipo, pictured below
Fig. 1: Titipo (2018-), a spin-off series to Tayo, the Little Bus (2010-19)
(a Korean animation about talking trains, I’ve got pills to help me now) and the spectacularly appalling Robot Trains (I just can’t even, it’s like Pavlov’s Dog but I cry when I hear it) but Sweep likes them. Watching them makes her happy and frankly that’s nearly all I care about.[7] But in terms of AFP there is little that grabs her. I wonder if it is the look of the screen overall or maybe that she is more familiar with TBN? I’d guess it’s the latter as she rarely sees us watching things on Prime but we have tried her with a few things and none of them seem to stick (to be fair, a lot of the stuff there she’s already seen on TBN or the iPlayer but she’d happily watch them on either of them, if only there was some way of researching this more fully…). But it turns out that she has watched some things with STG on the Chromebook (other kinds of book are available) and that something called Just Add Magic is ‘teeny good’ Teen Titans Go! is ‘big good’ but most excited reactions come from things she has seen on other platforms. Saying that, and she is beside me as I type this, looking at Prime’s offerings it is bl**dy Paw Patrol that is getting her most excited. I’m off to get a sturdy branch (and she’s being sent to help MDBJ with mindfulyoganess or whatever it is this week).
As for STG, well, um, she’s mostly shouting about when does she get to watch The Mandalorian? Now, you’ll recall that the grown-ups have seen it and that MDBJ did NOT like it. Which means that I get to watch it again. With STG. Hmmm…there’ll have to be negotiation first. Not least in the matter of who gets to sit in Daddy’s seat. Surprisingly, STG thinks it’s her and I think it’s mine (we probably are a sitcom family but with less harmony – saying that, have you seen how much Jay drinks in Modern Family? I’m amazed he can do anything given the bucket of whiskey he always seems to have in his hand, is that the answer?) The question of volume control ownership will have to be addressed to boot, never mind the bit where I get annoyed at the demand for snacks…
We think STG uses AFP to placate her little sister, basically. And we’ll try to watch The Mousealorian soon.
As for me and MDBJ, well, not much on AFP to report. Good Omens was nearly as good as I’d hoped it would be and we did see it before it got to the BBC and even MDBJ liked it (and eventually she got round to reading the book – I know, had I known she was a heathen when I met her then none of this might have happened).
https://www.youtube.com/watch?v=2ZSXlNRRoGU
As for Outlander, again it’s confession time, I’ve only seen the bits I’m in (when I did ADR for them which was nearly six years ago now), but it simply didn’t appeal.[8] I’m not sure MDBJ has seen any of it.
Fig. 2: The author took this selfie in his trailer on Outlander (and pics of his lunch are available too).
We did watch the first season of The Tick and it was, um, thankfully brief and we also watched, um, that thing with the fella in it. You know him. The guy that was in the one with the other guy. And that woman. No, the redheaded one. Her that looks a bit like the lassie that works in the Co-Op, eh?
I think the real problem/issue is that there’s too much across all platforms. They sometimes get lost in the mix, I mean I could watch content all day and barely scratch the surface. I did watch the old Top Gear mob’s Grand Tour in order to see if the broader media reports were accurate about it and the main thing I took from the opening sequence of the first show was that AFP was trying to tell the BBC, in that vaguely pathetic way that sometimes happens, that AFP has more in its trouser department wallet, so there. I mean, that opening sequence dripped money at you. The problem was that the rest of the show just dripped.
So, I’m not really as annoyed about AFP as I am TBN for the simple reason that I have not really managed to engage with it over the years and I’m not sure why. More (funded) research is needed, clearly.
However, for now, and for all of you, I have had a quick look at it and here, now, in front of your eyeballs, is my great and (in)glorious recommendation for SOMETHING to watch on AFP:
The BBC iPlayer has season 2 of What We Do In The Shadows so we’re basically busy, call back again later…
John Ritchie spent the majority of the last twenty-five years working as an actor and performer across all media. He completed his PhD in August 2018. His thesis was written as part of an AHRC-funded project, British Silent Cinema and the Transition to Sound, 1927-1933. John’s main area of research is performance on screens.
[1] https://www.youtube.com/watch?v=mtnCcWOS7y8 is the video for the song, Prime Mover. Directed by Adrian Edmondson if memory serves. Nothing to do with this article other than the title but included here in case you like this sort of thing.
[2] ‘That Bloody Netflix’
[3] A very different website, don’t Google it.
[4] You can guess that acronym for yourself. Answers on a postcard please, to the usual address.
[5] Don’t ask why, MDBJ understands and that’s all that’s needed here…
[6] And be generous!
[7] Making Sweep happy is a big thing for me, given the current circumstances we all find ourselves in. I’ve even watched Frozen five or six times now (and it isn’t getting any better and it’s also on AFP).
[8] True story: I got cast, got sent the script for the episode, read it and started wondering why I hadn’t been seen for another (bigger) part? Got mildly worked up about it and spoke to my agent and so on and all the usual actorly stuff and then it turned out that the part I thought I could do (SHOULD HAVE BEEN SEEN FOR DAMMIT) had been cast and it was, well, Bill Paterson. Which really is fair enough as he’s brilliant.
PreviousCfP: Media-N journal issue “No Template: Art and the Technicity of Race”. Deadline: July 31, 2020.
NextWATCH THE SERIES! SEE THE ‘MOVIE’! by Andrew Pixley
AGAINST OCCUPATION by Jason Jacobs
WHAT WE’VE (NOT) BEEN WATCHING by Richard Wallace
IT’S FIFTY YEARS OF COLOUR TV IN THE UK by Jonathan Bignell
FINDING TIME FOR TELEVISION by Elke Weissmann
Andrew Pixley on June 20, 2020 at 8:38 am
How wonderful! I am enjoying these…
And – yes – “What We Do In The Shadows”. Absolutely! Recommended to us by a dear friend when it began on BBC Two and currently one of our delights. And – strangely as neither of us are overly fussed about sport – “The F1rst Team” is also proving to be amazingly crammed with laughter for us.
Many thanks once again!
Leave a Reply to Andrew Pixley Cancel reply
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Baby Boomers Top List of Hacking Targets
Seniors are the most vulnerable and valuable to hackers
by Scott N. Schober, CEO and President of Berkeley Varitronics Systems
My parents and elderly friends cannot recall a year more turbulent and distressing than 2020 in their lives. They have lived nearly twice the life I have so that truly says something. As we enter into the year 2021, we can only hope to see a little less political unrest, a decrease in natural disasters and a fighting chance against the deadliest new virus of this century. However, one thing we can count upon is a rise in cybercriminal activity aimed at baby boomers.
According to some 2018 estimates, fraud against the elderly has reached $36 billion per year but that shouldn’t be a surprise. Americans in their sixties have nearly three times the amount of money saved compared to the average American in their forties. These same folks in their sixties have lived through the personal computer revolution but many are not nearly as tech savvy as their younger counterparts. The generation gap has led the elderly into a security gap as well.
Phishing Derby
One of the most pervasive threats to the elderly are phishing attacks. According to the FBI, these targeted scams alone are responsible for approximately $3 billion in theft every year. Scams range from fake sweepstakes to fake tech support to fake grandchildren. A phishing attack doesn’t always come in the form of an email but since email is so cost effective and popular, it has become the choice of cyber criminals. According to Security Magazine, 3.4 billion fake emails are sent worldwide every single day. If less than one percent of phishing targets reply to an email in some way, the cybercriminals have succeeded. Those that have taken the time to reply – even if it’s just to curse out the cybercriminals – go onto a new list of potential victims. This new list is comprised of real people actively using email. It’s also full of responders that can be grifted for personal information that can be sold on the Dark Web and used against them.
Most phishing emails also contain malware attachments or links to bogus websites waiting to steal usernames and passwords from unsuspecting users. Since most users have an Amazon, Facebook or Google account, it’s simply a matter of crafting a fake email that bears a striking similarity to a legitimate email from those companies. The fraudulent email urges recipients to address an issue with their account and includes a login link. Clicking on this link is akin to handing over your password allowing hackers to go to work, stealing personal and financial data, ordering items and even locking the victim out of their own account. Needless to say, if you were not expecting an email from any person or company, never click on any attachment or link in that email. And if there is a need to login to an account for any reason, simply open a new browser window and manually navigate to that webpage. Phishing emails play on our emotions and sense of urgency. Whether it’s a promise for a COVID-19 vaccine or a once in a lifetime investment opportunity, these emails always have an impending deadline that requires immediate action when in fact, most legitimate offers and important decisions in life allow for rumination.
A King’s Ransomware
Healthcare has moved to the forefront of many minds in the U.S. and regardless of which side of the nationalized healthcare debate you reside on, disturbing trends are affecting us all. In the age of COVID-19, hackers are targeting doctors, patients and even entire hospital systems through ransomware attacks. Ransomware is deployed through malicious code that encrypts the victim’s data on their own computer. The hacker then demands payment (typically bitcoin which is untraceable digital cryptocurrency) in order for the data to be unlocked again. And while ransomware is not isolated only to the healthcare industry, any extortion that puts innocent lives at risk is particularly insidious. Back in September of 2020, a woman in urgent need of medical attention died as a result of ransomware attacks against a German hospital. Internal servers in the Dusseldorf University Hospital were so infected by ransomware that she was turned away even though it was the closest hospital to her location. By the time the ambulance was rerouted to another hospital more than 30 km away, it was too late.
Unfortunately, this will not be the last time someone dies through the criminal efforts of hackers. According to the FBI, ransomware attacks on U.S. hospitals are sharply on the rise this year. Factor in COVID-19 and the lack of ICU beds at this time and you have a healthcare disaster in the making, but what can hospitals, healthcare professionals or any of us do?
I normally recommend that ransomware never be paid but it’s difficult to follow such advice when human lives are on the line. Nevertheless, hackers and criminals make for terrible business partners and that is exactly what you do when you succumb to their ransom demands. If you haven’t already begun a regular data backup regiment, do so immediately. Regular data backups will not only protect you from a hacker’s ransomware, it will also safeguard your precious data from fire, hard drive failure or just forgetfulness. Regardless of the amount of data, if you have been contacted by a cybercriminal who is holding your data for ransom, contact the authorities immediately. Visit the FTC’s consumer information website OnGuardOnline to learn more about ransomware threats and how to report an incident.
Thick as Identity Thieves
Another sad fact of getting old is death. As seniors approach their final days, many neglect to shore up their digital loose ends. Sure, they might have their last will and testament up to date and notarized but if they’ve ever ordered something on Amazon, subscribed to Netflix or posted on social media, they need to deal with these things as possible liabilities. According to AARP’s 2020 Identity-Fraud Report, 26% of respondents ages 65 and older said they had been victims of identity fraud. Identity fraud or theft is when a criminal assumes the identity of someone living or dead in order to commit crimes in their name or simply steal data or finances from them. When a loved one dies, not only must their credit cards be cancelled but also all of their online accounts, social media and subscriptions. There is just too much data that can be gleaned from these sources making them desirable to a hacker. The last thing surviving friends and family need is to deal with a criminal stealing from or posing as the deceased loved one.
Identity theft can happen to anyone but since the elderly are more reluctant to report crimes of this ilk, they are targeted more often than younger people. Some seniors have difficulty remembering strong passwords or understanding how digital transactions work and hackers seize upon these vulnerabilities in order to hack their accounts. And unlike younger people, many seniors find themselves dealing with Medicare forms and social security checks on a routine basis. Any physical mailing or email containing a person’s social security number is another opportunity for identity theft to occur so it’s important to shred all documents and secure all accounts that might contain personal data.
I’ve been presenting best cybersecurity practices to live and streaming webinar audiences for over a decade now so I can tell you that most of these viewers and listeners are tired of hearing the same old warnings about the dangers of weak passwords and social media. More often than not, I find myself preaching to the cyber choir. Last year, I decided to follow my last two cybersecurity books with something directed towards a different audience. Hacked Again and Cybersecurity is Everybody’s Business were both received well by readers but those were primarily colleagues, professionals, entrepreneurs and people driven to secure their digital profiles. My latest book, Senior Cyber was written for the forgotten generation. In fact, the more I spoke to older folks and began researching their plight, the more I realized that not only are they among the wealthiest of targets for criminals, they are also the most vulnerable for several reasons.
My family lost our 99 year old grandfather in 2019 so I decided to dedicate my 3rd book to him by trying to navigate the digital world through his eyes and experience. Like my grandfather, many seniors missed out on the smartphone revolution and are still afraid to jump in. Hands shaking from arthritis and poor eyesight make tiny touchscreens a difficult proposition for many older folks. Couple that with today’s technology and news cycle moving at light speed and you end up with an entire generation of seniors that can feel left behind by the world. I aim to change that by distilling important and complex security topics down to their basics and ending on easy to implement action items and tips to stay safe.
Scott N. Schober is an author, speaker, cybersecurity and wireless technology expert and CEO of a wireless technology company. Scott has presented extensively at cybersecurity conferences and has overseen the development of dozens of wireless test, security, safety and cybersecurity products used to enforce a “no cell phone policy” in correctional, law enforcement, and secured government facilities. Scott regularly appears on network news programs including Fox, Bloomberg, Good Morning America, CNN, MSNBC, NPR and many more. He is the author of Cybersecurity is Everybody’s Business and Hacked Again, a book (“original hacker’s dictionary for small business owners” according to Forbes Magazine) he wrote after being hacked himself in order to help others learn from his own security missteps. His latest book, Senior Cyber: Best Security Practices for Your Golden Years goes on sale in January of 2021.
Scott can be reached online at @ScottBVS on Twitter and at his company websiteswww.scottschober.com and www.bvsystems.com
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Last edited by Gutaxe
Sunday, July 19, 2020 | History
2 edition of Later Gothic architecture in Norfolk found in the catalog.
Later Gothic architecture in Norfolk
Richard Fawcett
an examination of the work of some individual architects in the fourteenth and fifteenth centuries.
by Richard Fawcett
Published 1975 by University of East Anglia in Norwich .
Thesis (Ph.D.) - University of East Anglia, School of Fine Arts and Music, 1975.
Gothic Architecture thrived during the high and late middle ages (medieval period) in 16th century France. This form of architecture would spread throughout northern Europe. Gothic Architecture was common in many of Europe’s important structures, particularly religious churches and cathedrals. architecture known all over the world. The Neo-Gothic Palace of Westminster was designed by Sir Charles Barry and August Pugin (completed ). Victorian Architecture () Contents • Summary • New Architects for a New Age • Monuments to Industrialism • The Gothic Ideal • Art Nouveau Designs • Related Articles.
a mass book review, without, however, entirely foregoing the re-viewer's privilege of expressing his opinion. Inadvertent over-sights may be covered in later reports. Among the general books on Gothic, everyone must by now be acquainted with Frankl's Gothic Architecture,1 a second edition of. English Gothic is the name of the architectural style that was very popular in England from about until about As with the gothic architecture of other parts of Europe, English Gothic is defined by its pointed arches, vaulted rooves, buttresses, large windows, and spires.
Later criticism of gothic architecture as chaotic and superstitious belied its variety and flair, built as it was to the glory of God Jonathan Meades Fri 9 Sep EDT First published on. Although it declined in the sixteenth century, English Gothic reappeared three centuries later during the Gothic Revival, one of the most popular movements of 19th century architecture (). Promoted by the Victorian art critic John Ruskin (), the Gothic Revival style was exemplified in England by the Houses of Parliament (
Little Domesday book.
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Ramsay Crooks.
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Later Gothic architecture in Norfolk by Richard Fawcett Download PDF EPUB FB2
This scholarly survey of gothic architecture is rightly considered a classic in the Later Gothic architecture in Norfolk book. Consisting of the original text by Frankl, an instructor at Princeton who greatly advanced the subject amongst the English speaking world, and a studious and comprehensive commentary by Paul Crossley, a lecturer and gothic expert at the University of London, the book is a comprehensive and highly /5(7).
I'm not an architect, and don't know much about it, but I love Gothic architecture. This book is pages of information, tracing the history of Gothic art from aroundin France, and includes illustrations (mostly photographs) of churches, gargoyles, stained glass, flying buttresses, and so much more - all the things I love about Gothic/5(26).
Gothic architecture (or pointed architecture) is an architectural style that flourished in Europe during the High and Late Middle Ages. It evolved from Romanesque architecture and was succeeded by Renaissance originated in 12th century northern France and England as a development of Norman architecture.
Its popularity lasted into the 16th century, before which the style was Influenced: Gothic Revival architecture. This magisterial study of Gothic architecture traces the meaning and development of the Gothic style through medieval churches across Europe.
Ranging geographically from Poland to Portugal and from Sicily to Scotland and chronologically from tothe book analyzes changes from Romanesque to Gothic as well as the evolution within the Gothic style and places these changes in the context Reviews: 1.
Unlike Romanesque architecture, with its stress on heavy masses and clearly delimited areas, Gothic construction, particularly in its later phase, is characterized by lightness and soaring spaces.
The overall effect of the Gothic cathedral combined this lightness with an innumerable subdivision and multiplicity of. English Gothic is an architectural style which flourished in England from about until about The style was most prominently used in the construction of cathedrals and defining features are pointed arches, rib vaults, buttresses, and an extensive use of stained ed, these features allowed the creation of buildings of unprecedented height and grandeur, filled.
Gothic Revival (also referred to as Victorian Gothic, neo-Gothic, or Gothick) is an architectural movement popular in the Western world that began in the late s in England. Its momentum grew in the early 19th century, when increasingly serious and learned admirers of neo-Gothic styles sought to revive medieval Gothic architecture, in contrast to the neoclassical styles prevalent at the time.
A remarkable book by one of the leading art-historians of his generation. Wilson examines a series of gothic cathedrals across Europe, and provides a comprehensive, accessible and stimulating analysis for each. The book is littered with profound observations, which transform and establish the reader's understanding of 'the great church'.
“The book is an exceptionally handsome, thoughtfully arranged, clothbound volume, lavishly illustrated with many new pictures Crossley’s updating of the notes alone makes Gothic Architecture once again an exceptionally valuable book For scholars or serious enthusiasts, the notes to Frankl’s text represent the most comprehensive and up to date historiography on gothic.
This is THE go-to book on all things Gothic. It's mostly architecture (obviously) but there's also a nice helping of sculpture work and paintings of the period as well.
The photographs are fantastic and only help you appreciate all the finer points of the movement more/5. Gothic architecture in Britain: examples from the era Though religious buildings provide us with the best examples from the period, the gothic style can.
Gothic architecture is a way of planning and designing buildings that developed in Western Europe in the Late Middle architecture grew out of Romanesque architecture, in France in the 12th century. Gothic architecture spread across Europe and lasted until the 16th century when Renaissance architecture became popular.
The important single feature of Gothic architecture is the. Battleship Wisconsin & skyline of Norfolk. Norfolk, VA. Architecture of Norfolk Half Moone cruise terminal. Norfolk, VA. Tall ship moored on waterfront of Norfolk.
Norfolk, VA. American Rover tour boat moored at Norfolk. Norfolk, VA. West Main St. & World Trade Center. Norfolk, VA. West Main St. () (20 floors) & World Trade Center. This magisterial study of Gothic architecture traces the meaning and development of the Gothic style through medieval churches across Europe.
Ranging geographically from Poland to Portugal and from Sicily to Scotland and chronologically from tothe book analyzes changes from Romanesque to Gothic as well as the evolution within the Gothic style and places these/5. A 'read' is counted each time someone views a publication summary (such as the title, abstract, and list of authors), clicks on a figure, or views or downloads the full-text.
Gothic architecture: | | ||| | Façade of |Reims Cathedral|, France | World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available. Notre-Dame of Noyon in the Twelfth Century: A Study in the Early Development of Gothic Architecture By Charles Seymour Jr.
Yale University Press, Read preview Overview When Church Became Theatre: The Transformation of Evangelical Architecture and Worship in Nineteenth-Century America By Jeanne Halgren Kilde Oxford University Press, Start studying Chapter Gothic Art.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. Rayonnant Gothic: The period of French Gothic architecture between c.
andcharacterized by a shift in focus away from the High Gothic mode of great scale and height toward a greater concern for two dimensional surfaces and the repetition of decorative motifs at different scales. Rayonnant structures tend to be smaller than High.
Gothic architecture does not hide the beauty of its structural elements. Centuries later, American architect Frank Lloyd Wright (–) praised the "organic character" of Gothic buildings: their soaring artistry grows organically from the honesty of visual construction.
Late stage of Gothic architectural style of the fifteenth and sixteenth centuries, characterized by wavy, flamelike tracery and elaborate decoration. Rayonnant Gothic The High Gothis architectural style on the mid 13th century, noted for its radiating tracery patterns and liberal use of tained glass.Western architecture - Western architecture - Gothic Revival, c.
–c. The architectural movement most commonly associated with Romanticism is the Gothic Revival, a term first used in England in the midth century to describe buildings being erected in the style of the Middle Ages and later expanded to embrace the entire Neo-Gothic movement.Between andJohn Ruskin and other critics and philosophers stirred interest in recreating a more authentic Gothic architecture, like buildings from centuries before.
The 19th-century buildings, called High Gothic Revival, High Victorian Gothic, or Neo-Gothic, were closely modeled after the great architecture of medieval Europe.
lapachecachica.com - Later Gothic architecture in Norfolk book © 2020
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The Eve of St. Agnes
John Everett Millais, born 1829 - died 1896
water-colour
bodices
four-poster
Knole
Prints & Drawings Study Room, level F
Great Britain (made)
ca. 1863 (painted)
John Everett Millais, born 1829 - died 1896 (maker)
D.141-1906
Prints & Drawings Study Room, level F, case TOPIC, shelf 3K
According to folklore, the Eve of St Agnes (21 January) was the night when a woman would see her future husband in her dreams if she followed certain rituals. In this watercolour Millais depicts this subject as it was described in a poem by John Keats (1819). Millais shows the heroine in the act of undressing for bed, suddenly transfixed by a sense of awe at the significance of the occasion. The model for the girl was Millais' wife Effie. The watercolour is a version of the larger oil painting of the same subject that he exhibited at the Royal Academy in 1863. He set up the scene with great care, taking Effie to Knole Park, a vast Jacobean house in Sevenoaks, Kent. He posed her in a freezing room, standing before the bed in which James I (ruled 1603-25) was said to have slept.
A woman stands in her bodice and petticoats, with her dress around her knees, at the foot of a four-poster bed in a dark room. She is lit by a lattice-effect moonlight pattern, from the right.
Height: 20.8 cm Paper size, Width: 27.5 cm paper size
Purchased in 1906 from the collection of P H Rathbone [Philip Henry Rathbone (1828-1895)]via Christie, Manson & Wood sale 24 Feb 1906
Millais is always remembered for his precocious talent for painting and technical ability. He exhibited a mammoth history painting at the Royal Academy at the age of 17 which paved the way for a successful career. The desire for success was the motivating force behind much of Millais' work, especially from the 1870s onwards when his style developed apace with sentimental but popular Victorian taste. However, the 1860s was a time of transition for Millais. In the 'Eve of St Agnes' he harks back to earlier Pre-Raphaelite works, both in the choice and treatment of the subject matter.
Millais has depicted a scene from a poem by Keats in which the heroine perfoms an elaborate ritual in order to dream of her future husband. Millais has caught her at the moment when she is undressing, transfixed by the awe of this special night, the Eve of St Agnes. This watercolour is a version of the larger oil painting of the same subject exhibited at the Royal Academy in 1863, and now in the collection of the Queen Mother. Millais followed an exacting formula during the painting of St Agnes, in keeping with the Pre-Raphaelite method of obtaining complete verisimilitude, as when he placed Lizzie Siddal in a bath of water to pose for his famous 'Ophelia' in 1852. Millais journeyed to Knole Park and there in a freezing room, with the bed on which James I was said to have slept, he painted the oil version. For three nights Lady Millais posed in her bodice as Madelaine, the heroine of the poem, while moonbeams fell across her body at the required angle to produce the lattice shadow effect.
Millais was primarily a painter in oils, but his technical versatility enabled him to translate the ghostly mood of mystery of the St. Agnes legend into the medium of water-colour. The study, probably painted later in the same year, shows an overall grey-green effect rendering the 'wintry moon' and atmosphere of Keats' poem. Even the blue of her dress enhances the coldness and trance-like quality expressed by Keats. Millais admirably captures the stillness and tension of the moment when the girl, transfixed, dares not look round for fear of breaking the spell.
[Alex Noble, '100 Great Paintings from the V&A', p168]
Painting, 'The Eve of St Agnes', Sir John Everett Millais, ca. 1863
Fagence Cooper, Suzanne, Pre Raphaelite Art in the Victoria & Albert Museum, London, V&A Publications, 2003. 176p., ill. ISBN I 85177 393 2
100 Great Paintings in The Victoria & Albert Museum. London: V&A, 1985, p.168
Evans, Mark et al. Vikutoria & Arubāto Bijutsukan-zō : eikoku romanshugi kaigaten = The Romantic tradition in British painting, 1800-1950 : masterpieces from the Victoria and Albert Museum. Japan : Brain Trust, 2002
p.100, pl.90
Coombs, Katherine British watercolours : 1750-1950 . London: V&A Publications, 2012
Bodices; Moonlight; Petticoats; Bedrooms; Four-poster; Women; Night
Images Online; Paintings
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Gay Marriage in the New South: What's New About It?
Laurel Holland, Georgia Gwinnett CollegeFollow
In this special edition contributors were asked to explore the “New South.” In the call for papers, the editors noted that the South “has become the most vibrant part of the nation.” But they also recognize that the South still has its challenges based on a history of conflict and asked that authors consider areas where there is still work to be done. In this work I explore marriage equality and argue that while the Supreme Court of the United States recently ruled in a 5-4 decision that that the 14th Amendment requires states to marry same-sex couples and to recognize out-of-state same-sex marriages, there will continue to be unique challenges for these couples in the South. I argue that same-sex couples in the South will face significant cultural hurdles when compared to their heterosexual counterparts. I base my argument on the socio-historical conflict encountered by other minority groups in the South, especially, inter-racial couples, who faced particular challenges even after 1967 when the Supreme Court declared anti-miscegenation laws to be unconstitutional.
Holland, Laurel (2015) "Gay Marriage in the New South: What's New About It?," The Journal of Public and Professional Sociology: Vol. 7 : Iss. 2 , Article 3.
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Why disability-rights activists are furious about controversial MDA telethon returning after 6-year hiatus
disabilitynorm Disability Resistence, Intersection, Recovery October 24, 2020 2 Minutes
By Beth Greenfield: For Entire Post, Go Here…
Once upon a time before the internet, telethons — marathon television fundraisers known for their endless lineup of performers and rows and rows of on-camera volunteers answering telephones to accept pledges from callers — were charity event staples. And none ran for longer than that of the Muscular Dystrophy Association (MDA), a 70-year-old nonprofit that aims “to free families from the life-threatening effects of muscular dystrophy and muscle-debilitating diseases.”
Scroll back up to restore default view.
Beth Greenfield·Senior EditorThu, October 22, 2020, 1:28 PM EDT·13 mins read
From 1966 to 2010, the MDA telethon ran in its original format — showcasing a slew of entertainers and children in wheelchairs and their parents for more than 21 hours each Labor Day weekend and famously hosted by Jerry Lewis, who would end each telethon by dramatically singing “You’ll Never Walk Alone.” But following a split between the host and the nonprofit, the event was shortened each year until, in 2015, it was canceled altogether.
Then came September 2020, when the organization announced a reboot of the event — called The MDA Kevin Hart Kids Telethon, to be hosted by the beleaguered comedian. It promises a slew of celebrity guest stars (including Common, Don Cheadle, Eva Longoria, Jack Black and Cindy Crawford), and will be streamed on YouTube on Oct. 24, falling within National Disability Employment Awareness Month.
And while word of the returning tradition may not have even registered for some, it was a painful trigger for many disability activists, who had long viewed the telethon as a “stigmatizing,” “heartless” “pity party.”
“I call it ‘pimped for profit,’” Dominick Evans, a disability-rights activist and former MDA “poster child,” tells Yahoo Life. “They use your body, your voice, your words to make money. … A lot of us feel it’s a fundraising machine.”
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Nanomaterials in Supplement Drinks: Possible Interactions after Ingestion
Home / Nanomaterials in Supplement Drinks: Possible Interactions after Ingestion
Do your supplements contain nanomaterials? Image by CaroPro
Are there nanoparticles in your supplement drinks?
Researchers from Arizona State University studied several dietary supplement drinks, to detect possible metallic nanomaterials.
Their results showed that the presence of nanomaterials could affect the morphology of human intestinal cells.
Moreover, some nanomaterials could also be released into wastewaters, raising concerns about the long term effects on the environment.
Nanomaterials and Food Processing
Study on NMs in Dietary Supplement Drinks
NMs Detection
Nanomaterials and Intestinal Cells
Releasing Nanomaterials into the Environment?
Nanomaterials in Supplements: Not Good News
Nanomaterials (NMs) are particles which have at least one dimension in the order of nanometers (nm, 10-9 m), usually smaller than 100 nm. An example can be nanoparticles, with a nanometric diameter.
Due to their small size, NMs may have properties which can be very different from those of the bulk material, and which may be heavily affected by their size (i.e. the value of the particle diameter).
Because of their particular properties, NMs are widely employed in many different sectors and used in various commercial products; these include electronics, medicine, and energy storage.
Food processing also employs NMs, for different purposes. Manufacturers can use nanomaterials, for instance, in food packaging, to incorporate antibacterial agents, and/or control the gas permeability; this could help reduce food spoilage and extend food shelf life.
Manufacturers can also add nanomaterials directly to the food, for nutrient delivery, to avoid oxidation, or to improve food texture.
Although science has proven these benefits, there are increasing concerns about the possible side effects NMs could have on human health. Because of this, many scientists from different areas are investigating the extent of nanomaterial presence in food items, and their possible interactions with the human body.
In this context, an interesting study was carried out by scientists from Arizona State University (Tempe, US), as they investigated the presence of nanomaterials in commercial dietary supplement drinks. They also tried to simulate the behavior which such NMs can have on human intestinal cells.
They published the results of this study in the journal Sustainable Chemistry & Engineering in June 2014.
Researchers of this study chose 8 representative drinks; each one of these contained, according to the label, a different metal (gold, silver, copper, zinc, iridium, palladium, platinum or silicon). They analyzed these drinks to check if the metal contained was present in the form of nanomaterials.
Their results showed that NMs were indeed present in all drinks, although their concentration was different depending on the drink and the metal; the whole concentration range was 1-100 mg/L. The size and the shape of the NMs were also different, depending on the metal; gold, for instance, was present in form of regular nanoparticles while zinc NMs had a more irregular shape.
Dr. Robert Reed, one of the scientists involved in the research, explains to Decoded Science more details of the study. To try to understand the effects the NMs can have on human intestines, Dr. Reed and his coworkers used some cells (Caco-2) which closely mimic the behavior of human intestinal cells.
“We used these cells as they have some parts – microvilli – which extend out of the cells and give them additional surface area. The same happens in our intestine and this helps the digestion.” Dr. Reed said.
“After the addition of the supplement drinks to the cells, we saw disruptions in the microvilli structure; some microvilli, for instance, clumped together.
The effect was comparable for all metals we tested and, although it was not lethal, it could potentially effect the digestion.
We cannot be sure that the same thing could happen in the gut of a human body after drinking these products; as you can imagine, this would a very difficult thing to test and monitor. Our experiment, however, was a first step in trying to understand the potential interactions of NMs after human ingestions.”
Nanomaterials in food are released into the environment. Image by southernfried.
These NMs are not metabolized by the human organism; therefore, eventually they are excreted and end up in wastewaters. Dr. Reed and coworkers studied whether the treatment plants currently used today could remove these nanomaterials from the wastewater, or whether they would be released in the environment.
They saw that for metals such as iridium, palladium and silicon, the fraction absorbed during the wastewater treatment was relatively low (less than 40 %); this means that substantial amounts of nanomaterials could be discharged in the environment. At present nobody knows what could be the long term effects of this.
Although using nanomaterials in supplements may seem to be a good idea, research shows that not only could they affect our ability to properly digest food, but they will also reach the environment, with unknown results. According to Dr. Reed: “These data are not conclusive, but can give us a first idea about NMs-intestine interaction and after-excretion behavior.”
Mysterious Emission from Galaxy Clusters: Is it Dark Matter?
Narcolepsy Associated With the Swine Flu Vaccination?
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4G phone masts could be installed in schools and hospitals to boost rural coverage
Published Tuesday, October 29, 2019
Publicly owned buildings like schools and hospitals could be used to install mobile phone masts to improve signal for rural users, culture secretary Nicky Morgan has said.
Speaking at a parliamentary debate on proposals for a Shared Rural Network, she said her department was working with the Cabinet Office on the plans and “having conversations to make sure that local authority infrastructure such as hospitals and schools can also be used to increase and improve connectivity in these communities”.
The new network plan revealed last week is designed to increase 4G coverage to 95 per cent of the UK. It will see the UK’s four main mobile network providers sharing masts and equipment in rural areas to combat “4G not-spots” with help from £500m in investment from the Government.
Labour’s Liam Byrne, the shadow minister for digital, felt that the plans did not go far enough. He said that while Labour welcomed the 95 per cent commitment “because it is better than the 91 per cent that we have today” it still leaves a “4,681 square mile area of the country where coverage will be non-existent or not good enough”.
He added: “I suppose the progress is welcome that we’ve had today, but this is really half of a half measure when what was needed was a bold 10-year national switch-over plan to deliver ubiquitous gigabit per second access to every corner of the country.”
Morgan said Labour should support the proposals, which are “a significant step forward” for improving connectivity.
She added: “It was a typical grudging response from the Labour Party, rather than a recognition that actually this is a significant step forward for consumers and for our constituents.”
“I think it is right that we should see that it is delivered properly and comprehensively across the UK rather than rushing, but we’re very clear with the 2025 target.”
“This is a significant moment for improving mobile connectivity which is absolutely essential to making sure the UK plays its part in being able to develop and to use and to innovate the technologies of the future,” she concluded.
The plans will be underpinned by legally binding commitments from each operator to reach more than 92 per cent UK coverage by 2026.
If they cannot demonstrate that all reasonable efforts have been made to comply with the obligations, there are penalties for the operators with a maximum fine of up to 10 per cent of annual turnover, Morgan said. She added that many consumers will start to see the benefits of the programme “long before” its 2025 conclusion date.
communication networks and services
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YouTube becomes latest social platform to block Donald Trump
300,000 laptops and tablets made available for disadvantaged children
Royal Mail slows service in many areas to cope with pressure from Covid-19
Nationwide power cuts plunge millions into darkness in Pakistan
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Anti-Social Behaviour 'Community Trigger'
Asking for a review of how your concerns have been dealt with
East Lancashire Clinical Commissioning Group is one of the statutory partners involved in dealing with antisocial behaviour in this area. We work with the police and local authorities to examine issues and try to resolve them.
Lancashire residents who have been victims of antisocial behaviour can request a review of how their case has been dealt with to decide whether anything else can be done to sort the problem out.
Under the ‘Community Trigger’, which is a key provision of the Anti-Social Behaviour, Crime and Policing Act 2014, victims of anti-social behaviour or their representatives can request a review of how their complaints have been dealt with.
The purpose of the Community Trigger is to give victims of anti-social behaviour the ability to demand action, starting with a review of their case, where the locally defined threshold is met.
The Trigger can be activated by a victim of anti-social behaviour or another person acting on behalf of the victim such as a carer or family member, MP or Councillor. The victim can be an individual, a business or a community group.
The relevant agencies that are held accountable by the Trigger are Councils; Police; Clinical Commissioning Groups in England and Local Health Boards in Wales; and registered providers of social housing who are co-opted into this group.
When a request to use the Community Trigger is received, agencies must decide whether the threshold has been met and communicate this to the victim. If the threshold is met, a case review will be undertaken by the partner agencies. Agencies will share information related to the case, review what action has previously been taken and decide whether additional actions are possible.
For more information about how to activate the Trigger in your area, please go to your local Council website and search Community Trigger, or select one of the links below:
Hyndburn
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Home » Features » Echo inducts Bob Booker into 2020 Hall of Fame
Echo inducts Bob Booker into 2020 Hall of Fame
Posted on November 20, 2020 in Features // 0 Comments
By Niki D’Andrea, December 2020 issue.
Each year, as part of LGBTQ History Month, Echo Magazine honors community heroes who have helped raise awareness and spark change on the local and national levels by nominating them for induction into our Hall of Fame.
Echo’s annual Hall of Fame tradition was established in 2006, and each year LGBTQ and allied community members have been recognized of their contributions in government and politics, nonprofit service, activism, and entertainment.
There was no way Bob Booker was going to sit around at the senior center drawing turkey hands and making popsicle crosses. The arts programs he helped launch for seniors “were developed with a lot of care and respect for those individuals,” he says, and they focused on exploring what interested them in the arts, whether it was talking about poetry or putting paint brush to canvas.
Booker is a lifelong arts advocate, artist, and arts administrator — but most of all, he’s a community builder and a paradigm shifter. During his 11-year tenure as executive director of Arizona Commission on the Arts, Booker led initiatives that provided support to local artists and access to the arts for people of all demographics. Being inducted into the Echo Hall of Fame is the latest accolade for him on a long list of awards.
Since his “retirement” in 2017, Booker continues to advocate for the arts and make statements with his own art at B Booker Studio [https://rcbooker13.wixsite.com/rbookerstudio]. He recently co-chaired Arizona Arts for Biden and says now is the time, more than ever, for artists to join in “the revolution for the soul of America.”
He was fascinated with the arts from an early age, accompanying his parents to museums and folk craft fairs as they moved around the East Coast throughout the 1960s for his father’s job. After spending much of his childhood in Richmond, Virginia, Booker’s family landed in South Dakota, where he attended a public high school rich with arts programs.
“I found a real place in the theater department in high school,” Booker says. “I think you’ll talk to a lot of gay folks that really found a home for themselves in the arts … I think the arts have always provided a safe place for folks that maybe were trying to find themselves and trying to find their future. I was one of those examples. I was a kid that fell into the theater department and found a place that was welcoming, that was not biased, that was gay-friendly.”
America and Thoughts and Prayers from Booker’s America series. Shadowbox, transferred text/image on paper, 11”x14”
He earned a degree in theater from Augustana University in Sioux Falls, South Dakota in 1977 and became an intern for the South Dakota Arts Council, working directly under executive director Charlotte Carver. It was there, while running errands, organizing mailings, and filing paperwork that an earnest passion for arts administration was born.
“In that arts administration and public funding environment, I recognized that if I was going to be a professional actor, I didn’t really have the talent to survive. So, the arts administration became interesting to me,” Booker says. “The fact that you were able to work with the broad spectrum of the arts, you could work with all these disciplines, and that you were close to artists and supporting their work. You were close to arts organizations. So, when I was an intern with the South Dakota Arts Council, I imagined a future in that field.”
Booker obtained his first executive director job, at the Minnesota State Arts Board, in 1997. He worked on the board of the Minnesota AIDS Project from 1996 to 2001, and on the board of Arts Over AIDS from 1993 to 1995.
Booker and his partner tested positive for HIV in 1989. One of Booker’s goals in portraying the impacts of AIDS through art was to change public perception. “We wanted to recognize the impact that HIV and AIDS was having on the artistic community of Minnesota, to reimagine language and messaging and visual images that would help people understand the pandemic and the crisis we were going through in visual and personal ways,” Booker says. “Early on, the images we were seeing on the news were of people dying, like the famous Nicholas Nixon picture of the gaunt guy in the hospital bed with his father next to him. Those were the images coming out early on, and we wanted to change that image to something that was not only surviving but thriving.”
HIV awareness is still a big deal to Booker, now a longtime survivor. Sadly, his partner died eight years ago. “The medication that he was on wiped out his liver and he passed away,” Booker says. “So, it’s important to always recognize that even though we have made incredible strides in that field, people are still dying and people are still not able to tolerate the medication and people still have other complications — especially those of us that are in our older years.”
Booker became executive director of the Arizona Commission on the Arts in 2006. Over the next 11 years, he led the commission through recession-era budget cuts, public policy shifts, and a prosperous post-recession period that included expanding funding partnerships and artist grants and the creation of Arizona’s first Poet Laureate post.
Jaime Dempsey served as deputy director for the Arizona Commission on the Arts under Booker and became executive director after his retirement. “My dear Bob. He’s a force! Not only is he lovely and generous and fun; he’s a great advocate for the creative sector, a wonderful friend and mentor, and a true activist at his core,” Dempsey says. “He’s been putting his body and his name on the line for decades, persistent in pushing back against all manner of injustice. I adore him. Please give him all the accolades.”
Echo: Congratulations on being inducted into the Hall of Fame!
Booker: Thank you! As I looked through the past members of the Hall of Fame, I am really honored to be part of that group of advocates, that army of “action people” who are committed to making our world better. I’m really honored to be part of that cohort of individuals.
Echo: What was your childhood like in Richmond, Virginia?
Bob Booker: I was supposed to be a very conservative kid. I joke that had I gone to my parents’ college, which was the University of Richmond and at the time was a Baptist college, I probably would be a very successful lawyer with an alcohol problem, a wife, two kids, and a boyfriend in Peru.
Echo: What’s one of your favorite memories from your time as executive director for the Arizona Commission on the Arts?
Booker: We created a program called Art Tank, which was sort of modeled after the Shark Tank TV show. It was a program that happened in four regions of the state, where arts organizations and individuals would compete for funding for an innovative project they created that moved the arts forward in some way. The grant was based not only on the project, but on the presentation. We had a panel of folks from that region of the state … and then individuals had four minutes to make their case.
I remember one woman in Bisbee, she came on stage with a giant cardboard car, and her presentation was all about her program to deliver arts programming to people in that region of the state where the kids didn’t really have access to visual arts education. She would take this van and drive into communities and set up shop and kids would come and take classes. Art Tank was a dynamic and exciting program, and a really fun competition, where everyone had a voice in it and the audience even had an Audience Award.
Echo: What things are essential to a healthy and thriving arts community?
Booker: Access is always the word we talk about. The goal is that every child in a school has access to the arts — that they have a visual arts classroom and teacher, a drama teacher, and a band. It’s one thing for someone with wealth or financial abilities to take their child to piano lessons or dance class, but in the arts, we want to make sure that everyone is accountable, and everyone has the opportunity.
The other thing we have to look at is access to performances and exhibitions that are reasonable and affordable for people. So, we have to look at ticket prices and ask, “Is that an affordable price for individuals across the state?”
Echo: You’ve been a lifelong advocate for the arts. Who or what do the arts advocate for?
Booker: It was said, “The revolution will not be televised.” Though I honor the poet Gil Scott Heron, indeed the revolution is being broadcast, minute by minute. On Facebook, Twitter, YouTube, and in the media, we hear a call to become implicated in positive change. We are in the midst of a revolution. A revolution to save the soul of America. Our army is legion. Artists carry creativity, innovation, questions, experience, and answers in their backpacks … show up, speak up, advocate for change, advocate for the arts, advocate for America.
Visit echomag.com/echo-magazines-hall-of-fame/to see previous inductees.
Niki D’Andrea
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In the Resisterhood: “Rainbow Warrior” Joanna Lohman tells her story in new documentary
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We are educators and strategists who help leaders and organizations thrive. We strive for excellence in everything we do.
Our Equity Commitment
Jacqueline E. King
Email Jacqueline
Jacqueline E. King is an independent consultant who works with both K-12 and higher education leaders to improve student outcomes. From 2011 to 2016, she served as director of higher education for the Smarter Balanced Assessment Consortium. In that role, she had responsibility for ensuring that higher education institutions were involved in designing the new assessment system to measure students’ college and career readiness and began to use the assessments as part of their course placement policies. Today, more than 250 colleges representing the public higher education systems in 10 states, and select private institutions use the Smarter Balanced assessments as evidence of student readiness for entry-level, credit-bearing courses. From fall 2013 to early 2015, King’s responsibilities were temporarily expanded to include services for state K–12 representatives and strategic communications.
Dr. King has had a long career in education, including 15 years at the American Council on Education (ACE). In 2000, Dr. King established the ACE Center for Policy Analysis which conducts research and convenes analysts and policy makers to study issues of interest to ACE members and the higher education community. She ran this unit and built its national reputation over the course of 10 years. During her tenure at ACE, King also played an active role in the redesign of the GED® testing program. Before joining ACE, she was associate director for policy analysis at the College Board.
Dr. King is the author or co-author of numerous reports, articles, and book chapters on college readiness, student financing of higher education, access and persistence in postsecondary education, student demographic trends, and trends in the leadership of higher education including The American College President, On the Pathway to the Presidency, the ACE status reports on the Pell Grant and federal education loan programs, and Gender Equity in Higher Education: Are Male Students at a Disadvantage? Her work has been featured on CNN and in national publications such as The New York Times, Time, USA Today, and the Washington Post. In 2003, she was awarded the Robert P. Huff Golden Quill Award for contributions to the literature on student financing of higher education by the National Association of Student Financial Aid Administrators.
Dr. King holds a Ph.D. in higher education from the University of Maryland, College Park.
I read this article and found it very interesting, thought it might be something for you. The article is called Jacqueline E. King and is located at https://education-first.com/who-we-are/people/jacqueline-e-king/.
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DMC Valuations Group
Independent Research Partner
Mr. Daley started his career in 1966 with IBM as a Marketing Representative selling midrange and mainframe systems to upgrade accounts in Los Angeles, California. After leaving IBM, I worked for over four years with ITEL Corporation releasing large IBM mainframe systems and peripherals until 1975. I then started Saddleback Marketing with another former ITEL salesman and we acted as an independent computer broker and lessor for IBM and PCM equipment until May 1980. At that time, I started Daley Marketing Corporation as a computer broker and lessor operation, and then in 1985, stopped all brokering and leasing activities and dedicated the company to publishing fair market values and other related information about the computer industry. I started publishing residual values for the computer industry in 1987.
In January 2001 Mr. Daley acquired Computer Economics (CEI), merged DMC into CEI and in April 2005 sold CEI to an IT Management Company and created a new company, DMC Valuations Group, that focuses on the appraisal business for machinery and equipment. Mr. Daley also forecasts residual values for various lessors on IT equipment, medical equipment, forklifts, machine tools, and to test equipment.
Mr. Daley has been valuing equipment since 1985 and developed a database of “Fair Market Value” equipment values utilizing a variety of reports and publications along with the DMC and CEI Market Value Reports. This database has been successfully used in the valuation of computer equipment in the settlement of a number of Virginia tax cases. Mr. Daley has also previously testified in California, Minnesota, Michigan, New York, Massachusetts and the Virginia Courts as an expert in the field of valuation of computer equipment.
Mr. Daley is the president of DMC Valuations Group and an Accredited Senior Appraiser with the American Society of Appraisers for the discipline of Machinery and Equipment and have successfully participated in the Society’s mandatory re-accreditation program and formal re-accreditation is granted until April 16, 2019.
Mr. Daley is also on the Board of Directors for Commonwealth Capital Corporation located in Clearwater, FL. and Philadelphia, PA. Commonwealth is the largest private IT leasing company in the US concentrating on operating leases by utilizing income accounts from the sale of public securities. Commonwealth has developed strong and continuing relationships with vendors and resellers to generate their portfolio of operating leases over the last 32 years.
Peter W. Daley
pwdaley@pacbell.net
P.O. Box 2701, Costa Mesa, CA 92628 USA
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F1 can’t learn too much from Canada
hards
Mike Gascoyne
overtaking
slicks
Without doubt, the Canadian Grand Prix was a highly unusual and exciting race. It brought us a new, unfamiliar situation and it was fascinating to watch it unfold. The staggering figure of 65 on-track passes will count as among the very highest seen in a dry race in recent years.
It is therefore no surprise that the kneejerk calls to “learn from the Canada show” have come thick and fast. In my view that is dangerous.
First of all, as I have pointed out before, the focus on “the show” is vacuous, trite and antithetical to the idea of the sport. Of course F1 should be exciting. But what you can’t forget is that we love F1 already — because it already is exciting.
What we now risk — with this crazy obsession with “improving the show” — is future of F1 that is increasingly watered-down. F1 is becoming too convoluted due to bizarre rules that are tacked on bit-by-bit in a misguided and unnecessary attempt to engineer excitement. This is the stuff of bad game shows or WWF or Nascar. We are talking about F1, the greatest sport in the world. It doesn’t need this.
I am particularly disappointed in Mike Gascoyne’s bizarre call to attempt to somehow incorporate the conditions that occurred in Canada into the tyre rules:
If you were going to write the tyre rules for how you wanted races to be, they would be like Canada. You had changing strategies, overtaking and lots of excitement.
It was exactly what F1 needs, and it’s proved that the argument for one tyre being very marginable is very strong.
This surely overlooks the key reasons behind why the Canadian Grand Prix was such a great spectacle. First of all there is the fact that it is an incredible circuit that brings us great, edge-of-your-seat races time and again, regardless of what the current rules are. Circuit Gilles Villeneuve is a great circuit. Full stop.
Moreover, one of the features of the circuit that has emerged as a major factor over and over again is the fact that it is hard on tyres. I vividly remember the 2006 Canadian Grand Prix, where the tyres were degrading in such an odd way that the circuit was absolutely covered in marbles. I seem to recall David Coulthard describing those conditions as the worst dry-weather conditions he had ever raced in.
Then there is the fact that this is the first time Formula 1 has visited Montreal with the current slick tyres, and with the current restrictions on the numbers of sets of tyres teams can use, and there you have your recipe for the 2010 Canadian Grand Prix.
Some of this cannot be replicated. Some of it already is. The rest is artificial interfering.
The call for the tyre supplier to provide the teams with increasingly marginal tyres goes against everything that F1 is supposed to be about — the best drivers using the best equipment. Artificially hobbling drivers is a fake approach to racing. More overtaking is meaningless if it isn’t real overtaking.
That is why Pirelli’s stated desire to “have a Canadian GP every race” sends a shiver down my spine. I was hoping that the switch of tyre supplier would be the perfect opportunity to ditch the current tyre regulations, which are currently a mess from a sporting standpoint. Instead, it looks like the tyre rules are only going to become worse.
But most of all there is the issue that the unpredictable will soon enough become predictable. The way events unfolded in Canada caught the teams off guard. But the second time something like that happens, they will be much better prepared. The third time they will begin to set a routine in place. After a handful more occasions, they will know the drill down pat. All the unpredictability will be gone.
This is what we saw with refuelling. At first it was an interesting novelty, and it added an interesting strategy element. But by the end of the refuelling era, it was adding nothing to the show. Armed with 15 years’ worth of data, and with the calculation powers of modern computers, the teams always knew what the optimum strategy was and employed it. The result was neutered racing, with the refuelling only adding an incentive for drivers to “overtake in the pitlane” and avoid on-track action.
The same would happen with tyres, as the teams gather data and become better prepared. They may say they want to improve the show. But they also want to win the race. It is a classic prisoners’ dilemma — and, just as with refuelling, the teams will always try to win the race before thinking about the show.
It is worth considering that the reason the Canadian Grand Prix was so exciting was that the teams pushed too hard and ended up painting themselves into a corner. The Bahrain Grand Prix was so boring because the teams were far too conservative, fearful of overstepping the mark with the tyres and ending up in exactly the scenario that unfolded in Canada. The teams want to have their cake and eat it.
F1 teams are constantly looking for the boundaries of performance, and sometimes they go beyond those boundaries. When they do, they learn the lessons and adapt their approach for next time. No set of rules can affect this fundamental nature of the way teams behave.
What we really should take away from the Canadian Grand Prix is the joy of watching a great race. This is the sort of thing that should be celebrated. But there were great races in the past, and great races are caused by a variety of factors that cannot be pinned down.
Even if they were pinned down, knowing the factors would be a surefire way of ensuring boring races for the rest of the sport’s future. What makes F1 exciting is its inherent unpredictability. Trying to engineer unpredictability is surely an oxymoron.
This does mean that sometimes we endure the odd mediocre race. But since we follow a sport and not a show, we are all happy with that — aren’t we?…
internetni dobiček
Well writen, i have stope watching F1 because of new rules. It is boring…
Mycroft W
Well, the three “exciting” races they say, are Spa, Monza, and Montreal (and frequently Silverstone). I wonder what they all have in common?
Oh yeah, they’re basically “triangle” tracks: long straights with one, or maybe two, corners between them. No long sequence of tricky, high-downforce corner after corner sections that seem to be the second timing segment of other tracks. Even Suzuka, usually an entertaining race, has just the one, reasonably quick, Esses section. So, what did they do to Bahrain, and (to a lesser extent) Silverstone?
I do realize that the high-downforce sections are part of a measure of car and driver skill, but it’s almost impossible to make them not processional, and the issue of “car designed to maximize T2 ability gaining enough time behind the faster car in T2 that they can lose it through T3 and T1 and be too far ahead for an overtaking maneuver” is almost unfixable.
Go ahead, have different corners, and have a tricky section or three of linked corners. But don’t make it one section of half-or-more of the track, and make sure there’s some straight-corner or two-straight available.
Duncan Stephen
Interesting points Mycroft W. I definitely agree that there need to be fewer slow corners — they do little for racing, as there is usually only one line through them, which just sends cars through in single file.
Corners can of course add something to the race. For me, the key is to make it challenging. Most of the overtaking seen at Silverstone is at Stowe. Why is that? It’s not because Stowe is a corner particularly well-designed for overtaking — it’s because Maggots and Becketts is so challenging that drivers are more likely to make mistakes, disadvantaging them all the way down Hangar Straight and allowing the car behind to have a go.
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Hollingsworth Morse
John Hollingsworth Morse (December 16, 1910 – January 23, 1988) was an American film and television director. He directed episodes of a wide variety of U.S. television series from the 1950s through the 1980s, including McHale's Navy, The Ghost & Mrs. Muir, Adam-12, The Dukes of Hazzard, H.R. Pufnstuf, Mystery Island and Rocky Jones, Space Ranger. Hollingsworth also directed a lesser number of feature films throughout his career, including Daughters of Satan and the 1972 adaptation of the children's novel Justin Morgan Had a Horse.
Morse began his career in the casting department of Paramount Pictures, and eventually began to work closely with director George Stevens. During World War II, Stevens was Morse's commanding officer in the U.S. Army Signal Corps. In that capacity, Morse traveled with Stevens's unit through Europe and helped capture footage of the Battle of Normandy and other significant events of the European war. Morse reflected on these experiences through his participation in the 1994 documentary George Stevens: D-Day to Berlin, which was directed by George Stevens Jr.
16.12.1910 (♐ Schütze)
Sterbedatum:
Sterbeort:
Filmregisseur, Fernsehregisseur,
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Classement QS Business Masters and MBA Rankings
🏆 Our Master in Management (Programme Grande Ecole) is entering the world's Top 10 in the 2021 QS Business Masters Rankings!
🏆 Our International MBA ranked 25th in Europe, up 35 places worldwide.
“We are delighted to see that the school’s strategy and the resulting academic choices are today acclaimed by the community of Higher Education.” Isabelle Hault (alumna 90), President of the Executive Board and Dean of em lyonbusiness school.
📝Press Release
The QS rankings for Masters in Management (MiM) and Global MBA (iMBA), both a reference in Higher Education, were published on Wednesday September 23rd. TheGrande Ecole Program of emlyon business school rises to rank number 10 of the world’s best masters in management. A true international acknowledgement, highlighting the performance of the programs of emlyon business school, and reinforcing the school’s attractiveness and its international outreach.
emlyon in the world’s top 10: a first-tier international school
Quacquarelli Symonds (QS), a company specializing in the analysis of higher education institutions on a global scale, published its latest ranking of the world’s best Master in Management programs (Grande Ecoleprograms in France), one of the mostly acclaimed rankings among students and professors. emlyon business schoolreaches the 10th position in the world’s best Master in Management ranking, out of 148 programs assessed in 30 different countries. This independent ranking is based on a solid and reputed method, evaluating criteria such as employability, thought leadership, or alumni careers. The assessed panels were constituted of about 38,000 employers, 35,000 academics and 28,000 alumni. emlyonbusinessschool was notably distinguished for the impact of its research, its PhD program, and for the number of international students and the diversity in their country of origin.
In parallel, the school International MBA program is also strongly progressing in all assessed criteria, and jumps 35 ranks in the QS Global MBA ranking, demonstrating its overall excellence. Thus, our iMBA is ranked 62nd worldwide but also reaches the 25th position in the best European Global MBA.
A widely recognized strategy of excellence
This ranking acknowledges the excellence of emlyon’s programs, its pedagogical model and its reputation among employers, guaranteeing alumni a strong employability on the international scene.
It confirms the continued strategy of academic excellence of the school, accredited as an institution by the world’s best organizations over the past 20 years. emlyon business school was again reaccredited by AMBA in September for the maximum duration of 5 years, just like it was by AACSB and EFMD (EQUIS accreditation) in 2019, still placing the school in the selective club of the 1% of the world’s business schools with the triple-crown accreditation.
A globalization strategy bearing fruit
emlyon business school includes a strong international dimension within its programs and research centers, but also in its overall development. Indeed,globalization constitutes one of the 4 strategic axes of the school’s development. Thus the school covers 6 campuses in 4 different countries (France, Morocco, China, India), with over 32,000 alumni worldwide.
“We are delighted to see that the school’s strategy and the resulting academic choices are today acclaimed by the community of Higher Education. This recognition reinforces our confidence in our objective to position emlyon business school among the best business schools in the world” responded Isabelle Huault, President of the Executive Board and Dean of emlyon business school.
By her side as of September 2020:Annabel-Mauve Bonnefous, Director of Degree Programs and member of the Executive Board, as well as Sylvie Jean, Director of theGrande EcoleProgram. A new executive team intending to sustain this strategy based on excellence and globalization.
To embody and materialize this openness to the world, our Hub in Gerland, our new training ground currently under construction at the heart of the Lyon Metropolis, will become our next point of entry for the whole international network of emlyon business school.
l’Odyssée Managériale | Thibaud Huriez & Romain Thievenaz
Sep 28 Alumni Network News
#VirtualAlumniCamp 2020 - Isabelle Huault
Sep 22 Alumni Network News — International
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M16 rifle
From Citizendium
Revision as of 15:31, 14 July 2010 by Howard C. Berkowitz (Talk | contribs)
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This editable Main Article is under development and subject to a disclaimer.
[edit intro]
Introduced during the Vietnam War, as a derivative of an U.S. Air Force survival rifle, the M16, known commercially as the Armalite or AR-15, is, especially in its evolved version, the standard battle rifle of the United States and much of the world. In the U.S. military, the most common version is a shorter-barreled M4. Both versions will accept a M203 (grenade launcher) mounted below the barrel.
Its ancestor was the AR-5 survival rifle, a small folding weapon chambered for the .22 rimfire cartridge. After it was accepted by the Air Force as the MA-1, its developer, Armalite, then a subsidiary of Fairchild Industries, proposed various battle rifle designs to militaries around the world. The AR-15 design was licensed to Colt Industries.[1]
Based on patents by George Stoner, the M16 broke several traditions in American weapons design, and indeed a number of worldwide assumptions. It is defined as an assault rifle, the most important aspects of which being that it fires an intermediate-power rifle cartridge. A "full-power" rifle cartridge would be a NATO 7.62mm caliber used by the WWII M1 Garand, or the later M14 (rifle) and M60 (machine gun), where submachine guns and some carbines fire a pistol round, such as the 9mm or .45 ACP. 5.56mm rounds for the M16 are at the lower end of caliber (i.e., diameter) for a rifle cartridge, but make up for lower bullet weight by a higher muzzle velocity.
Some of the ideas that went into selecting that cartridge was the assumption that most longer-range engagements are not fought with individual rifles, but with machine guns and artillery, with long-range precision rifle fire only from specialists. The need was to fire many rounds to have the enemy take cover; there was no attempt to have "one bullet, one kill".
The smaller round let all users carry a greater number of rounds of ammunition, but also reduced the size and weight of the rifle, which made it easier for small Asians to use.
1 Early versions & problems
2 Evolution
3 Current versions
Early versions & problems
Unfortunately, the rifle was designed for a particular propelling powder charge, which was not used in the original production ammunition. This ammunition tended to foul the rifle with deposits of poweder residue. Coupled with some less than ideal metal selection of certain internal parts of the rifle, the early model M16's acquired a bad reputation for needing scrupulous maintenance — not always practical in the field — or they might jam.
In contrast, the Soviet counterpart of the time, the AK-47 firing a reduced-power 7.62mm round, was extremely tolerant to dirt and rarely jammed. To make up for the physically larger cartridges, AK-47's had larger magazines than the M16.
Meanwhile, the Armalite Company designed the AR-18 military and AR-180 commercial versions in 1963. While they were cheaper to produce, the M-16 and AK-47 had achieved dominance, and only approximately 20,000 were built.
Over time, however, the 5.56mm ammunition was made to appropriate specifications, certain internal parts of the rifle were nickel-plated, and the later M-16s are reliable weapons. A machine gun, the M249 (machine gun) in U.S. service but derived from the Belgian FN Minimi (machine gun) design, fires the same 5.56mm ammunition and became the standard squad automatic weapon. The M249 has replaced the M60 as a squad weapon, giving the logistical advantage of having all primary individual weapons firing the same ammunition.
Armalite subsequently introduced the AR-180B, which has much greater parts interchangeability with the M-16 and AR-15.
The U.S. Army standard is the M16A2 and its M4 carbine version.
↑ History, Armalite Inc.
Retrieved from "https://en.citizendium.org/wiki?title=M16_rifle&oldid=100688019"
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EUR-Lex - 51996PC0170(02) - EN
Document 51996PC0170(02)
Proposal for a COUNCIL DIRECTIVE amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries
/* COM/96/0170 final - CNS 96/0110 */
OJ C 245, 23.8.1996, p. 24–25 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
51996PC0170(02)
Proposal for a COUNCIL DIRECTIVE amending Directives 71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC and 92/118/EEC as regards the organization of veterinary checks on products entering the Community from third countries /* COM/96/0170 FINAL - CNS 96/0110 */
Official Journal C 245 , 23/08/1996 P. 0024
(96/C 245/06)
COM(96) 170 final - 96/0110(CNS)
(Submitted by the Commission on 21 May 1996)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas for the sake of clarity and rationality, Council Directive 90/675/EEC (1), which laid down the principles governing the organization of veterinary checks on products entering the Community from third countries, was repealed and replaced by Directive 96/. . ./EC;
Whereas the replacement of Directive 90/675/EEC by Directive 96/. . ./EC has consequences for the existing texts of the following Council Directives:
- Directive 71/118/EEC of 15 February 1971 on health problems affecting the production and placing on the market of fresh poultrymeat (2),
- Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (3),
- Directive 85/73/EEC of 29 January 1985 on the financing of health inspections and controls of fresh meat and poultrymeat (4),
- Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products (5),
- Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of live bivale molluscs (6),
- Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (7),
- Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (8),
- Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (9);
Whereas for that reason, those Directives should be brought into line with the text of Directive 96/. . ./EC,
HAS ADOPTED THIS DIRECTIVE:
1. Directive 71/118/EEC is amended as follows:
(a) in Article 14 (B) (2) (a), the second sentence is deleted;
(b) in Article 17, the second subparagraph is deleted.
(a) in Article 31a, 'Article 17 of Directive 90/675/EEC` is replaced by 'Article 17 of Directive 96/. . ./EC`;
(b) Article 31 is deleted.
3. Directive 85/73/EEC is amended as follows:
in Article 3 (1), 'Article 20 of Directive 90/675/EEC` is replaced by 'Article 22 of Directive 96/. . ./EC`.
(a) Article 23 is replaced by the following:
'Article 23
The principles and rules laid down in Directives 91/496/EEC and 96/. . ./EC shall apply, with particular reference to the organization of and follow-up to the checks to be carried out by the Member States and the safeguard measures to be implemented.`;
the second subparagraph of Article 10 is deleted.
(a) in the second subparagraph of Article 10, 'Article 18 (3) of Directive 90/675/EEC` is replaced by 'Article 18 (2) of Directive 96/. . ./EC`;
(b) Article 12 (2) is deleted.
(a) Article 17 (2) is deleted;
(b) Article 19 second subparagraph is deleted.
(a) in the second subparagraph of Article 12 (1), 'Article 8 (2) of Directive 90/675/EEC` is replaced by 'Article 4 (4) of Directive 96/. . ./EC`;
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive before 1 January 1997; they shall forthwith notify the Commission thereof.
The shall apply those provisions as from 1 January 1997.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.
(1) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive 95/52/EC (OJ No L 265, 8. 11. 1995, p. 16).
(2) OJ No L 55, 8. 3. 1971, p. 23. Directive as last amended by Directive 94/65/EC (OJ No L 368, 31. 12. 1994, p. 10).
(3) OJ No L 302, 31. 12. 1972, p. 28. Directive as last amended by Act of Accession of Austria, Finland and Sweden.
(4) OJ No L 32, 5. 2. 1985, p. 14. Directive as last amended by Directive 96/17/EC (OJ No L 78, 28. 3. 1996, p. 30).
(5) OJ No L 46, 19. 2. 1991, p. 1. Directive as last amended by Directive 95/22/EC (OJ No L 243, 11. 10. 1995, p. 1).
(6) OJ No L 268, 24. 9. 1991, p. 1. Directive as amended by the Act of Accession of Austria, Finland and Sweden.
(7) OJ No L 268, 24. 9. 1991, p. 15. Directive as amended by Directive 95/71/EC (OJ No L 332, 30. 12. 1995, p. 40).
(8) OJ No L 268, 14. 9. 1992, p. 35. Directive as amended by the Act of Accession of Austria, Finland and Sweden.
(9) OJ No L 62, 15. 3. 1993, p. 49. Directive as last amended by Commission Decision 96/103/EC (OJ No L 24, 31. 1. 1996, p. 28).
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Type of Semi-automatic pistol
Semi-automatic pistol
Adrian Thomele, Thomas Metzger, Michael Mayerl, Ethan Lessard
SIG Sauer Inc., Exeter, New Hampshire, U.S.; SIG Sauer GmbH, Eckernförde, Germany
Full-size, Carry, Compact, and Subcompact, four calibers, three grip sizes for each, Tacops, RX and X-Five models, Custom Shop Limited Editions
833 g (29.4 oz) P320 Full Size (incl. magazine)
737 g (26.0 oz) P320 Carry (incl. magazine)
737 g (26.0 oz) P320 Compact (incl. magazine)
708 g (25.0 oz) P320 Subcompact (incl. magazine)
203 mm (8.0 in) P320 Full Size
183 mm (7.2 in) P320 Carry
183 mm (7.2 in) P320 Compact
170 mm (6.7 in) P320 Subcompact
98 mm (3.9 in) P320 Carry
98 mm (3.9 in) P320 Compact
91 mm (3.6 in) P320 Subcompact
35.5 mm (1.4 in) P320 Full Size
35.5 mm (1.4 in) P320 Carry
35.5 mm (1.4 in) P320 Compact
9×19mm Parabellum
Short recoil operated, locked breech Sig Sauer System
Rate of fire
1198 ft/s (365 m/s)[1]
P320 Full Size and P320 Full Size RX models:
17 rounds 9×19mm Parabellum
14 rounds .357 SIG, .40 S&W
10 rounds .45 ACP
Tacops Full:
Carry:
Tacops Carry:
Compact:
9 rounds .45 ACP
RX Compact:
Subcompact:
10 rounds .40 S&W
Fixed iron sights, front—blade, rear—notch, with optional tritium night inserts, Optical Reflex sight on RX models, high sights on RX and Tacops models
The SIG Sauer P320 is a modular semi-automatic pistol made by SIG Sauer, Inc. of Exeter, New Hampshire, and SIG Sauer GmbH of Eckernförde, Germany. It is a further development of the SIG Sauer P250, utilizing a striker-fired mechanism in lieu of a double action only hammer system. The P320 can be chambered in 9×19mm Parabellum, .357 SIG, .40 S&W, and .45 ACP, and can be easily converted from one caliber to another—a change from .357 SIG to .40 S&W requires only a barrel change; a change between 9mm to .357 SIG or .40 S&W and vice versa are accomplished using a caliber exchange kit.
The P320 chambered in 9×19mm Parabellum was introduced in the North American market on 15 January 2014, followed by the .45 ACP compact model at the SHOT Show in January 2015.[2] On 19 January 2017, it was announced that a customized version of the SIG Sauer P320 had won the United States Army's XM17 Modular Handgun System competition. The full-sized model will be known as the M17 and the carry-sized model will be known as the M18.[3]
1 Design details
1.2 Trigger system
1.3 M17 and M18
1.4 Reliability
1.5 X Series Models
1.6 XFive Legion
2 Drop firing problem
3 Lawsuits
3.1 Steyr Arms, Inc. v. Sig Sauer, Inc.
3.2 David Hartley, et al. v. Sig Sauer, Inc.
3.3 Derick Ortiz v. Sig Sauer, Inc.
Design details[edit]
Features[edit]
The P320 was designed to be ambidextrous in handling, sporting a catch lever on both sides of the slide and user-reversible magazine release, and all other operating controls are designed so they can be operated from either side. The firearm can be field stripped with no tools. Additionally, the firearm can also be field stripped without depressing the trigger, an additional safety feature to prevent negligent discharge of the weapon.[4]
SIG Sauer P320 fire control unit
Trigger system[edit]
The P320 trigger is available in standard (solid) and tabbed (with trigger safety).[5]
M17 and M18[edit]
When the requirements were formulated for a new handgun for the US Army one of the tenets of the proposal was that an existing model handgun was desired to fulfill the requirements laid out in the Modular Handgun System Request for Proposal, known as the XM17 Procurement. SIG Sauer submitted a P320 with a number of modifications and submitted them for the XM17 Modular Handgun System competition.
Modifications include:
Slide cut-out to facilitate the addition of a reflex sight. (This is the slide from the RX Series)[6]
Ambidextrous thumb safety
Loaded chamber indicator
Improved slide sub-assembly to capture small components when disassembled
Improved trigger "mud flap" to prevent foreign debris from entering the pistol action
4.7-inch (120 mm) barrel length in full size pistol
3.9-inch (99 mm) barrel length in compact pistol
chambered in 9×19mm Parabellum (can be adapted to fire larger calibers like .357 SIG and .40 S&W)
Pistols chambered in 9mm can feature a 17-round magazine as standard with optional 21-round extended magazines available.[7]
On 19 January 2017, it was announced that the SIG Sauer P320 MHS variant had won the United States Military's Modular Handgun System trials. The P320 will be known as the M17 (full size) and M18 (compact) in U.S. Military service. Though the pistol will remain chambered in 9 x 19mm Parabellum rather than a larger caliber, the contract allows the services to procure SIG Sauer's proposed XM1152 Full Metal Jacket and XM1153 Special Purpose ammunition.[8][9] The ammunition chosen to go with the pistol is a "Winchester jacketed hollow point" round.
In May 2017, the Army announced that the first unit that will receive the M17 would be the 101st Airborne Division by the end of the year. At the same time, the rest of the U.S. Armed Forces revealed they also intend to acquire the handgun, making it the standard sidearm for the entire U.S. military. The services plan to procure up to 421,000 weapons in total; 195,000 for the Army, 130,000 for the Air Force, 61,000 for the Navy (XM18 compact version only), and 35,000 for the Marines.[10][11]
On 17 November 2017, soldiers of the 101st Airborne received the first XM17 and XM18 pistols, with over 2,000 handguns delivered. The XM17 has better accuracy and ergonomics and tighter dispersion than the M9. It will also be fielded more widely, being issued down to squad and fireteam leaders; while special forces would dual-arm all of its members with a pistol and rifle, previously junior leaders in regular infantry units were excluded from carrying sidearms but policy was changed to give them more choices and options in close quarters battle situations. All Army units are planned to have the M9 replaced with the M17 within a decade.[12][13]
Reliability[edit]
Initial production models of the P320 were noted to have a 'drop safety' issue if the firearm was dropped on a specific angle causing it to discharge. Sig has since refitted the P320 with a new trigger with reduced mass and a new striker disconnect that makes it drop safe. Sig also offers a voluntary exchange program to fix any defective P320s.
Apart from initial teething issues, the P320 has proven itself to be an extremely reliable pistol for civilian, law enforcement and military use. Many police departments in the US and around the world have started issuing their officers P320s.[14][15][16][17]
X Series Models[edit]
SIG Sauer P320 Full Size
SIG Sauer P320 Compact
SIG Sauer P320 RX (with Romeo 1 optical reflex sight)
The X Series lineup includes the following grip module sizes:
Full size – Fits any SIG P320 full-size slide in 9mm, .40 S&W, and .357 SIG
Carry size – Fits any SIG P320 compact-size slide in 9mm, .40 S&W, and .357 SIG. The full-size slide also fits the carry-size grip module without any part of the recoil spring showing.
In January 2019, SIG Sauer announced the XCompact handgun as the newest entry in their X Series lineup.[18]
Compact size – As of March 2020, the P320 XCompact is available in 9mm only.[19]
The XCompact size grip module is the smallest grip module SIG currently carries, as they have not come out with a subcompact X Series grip module to date.
XFive Legion[edit]
Release in late July/early August of 2019 the XFIVE Legion is considered the flagship of the P320 platform that brings added weight and features. The TXG grip module has tungsten infused directly into the polymer along with an attachable magazine well. It comes standard with Henning group aluminum base pads and a skeletonized flat trigger. The complete 9mm slide is cut and ported to reduce weight and assist in recoil and feeding abilities. It also has a slide plate for optic capabilities.[20]
Drop firing problem[edit]
In late July 2017, the Dallas Police Department in Texas instructed all personnel to stop carrying the P320 pending an investigation.[21] There were concerns that the firearm may discharge when it is dropped and the back of the slide hits the ground at a 33-degree angle. The problem was thought to be related to the trigger weight; some triggers were heavy enough that they essentially continued to move due to inertia after the gun hit the ground. Internet publications, such as TheTruthAboutGuns.com, conducted independent tests that appeared to confirm potential drop firings (at a 40% rate).[22]
On 8 August 2017, SIG Sauer issued a notice that they would upgrade all P320s to address the issue.[23] The upgrade is described on the company's website as: "This will include an alternate design that reduces the physical weight of the trigger, sear, and striker while additionally adding a mechanical disconnector."[24] The P320 upgrade program is detailed on the SIG Sauer website at: P320 Voluntary Upgrade Program.
Lawsuits[edit]
Steyr Arms, Inc. v. Sig Sauer, Inc.[edit]
In May 2017, Steyr Mannlicher filed a patent infringement lawsuit against SIG Sauer.[25] Steyr refers to their patent US6260301 (filed in 1999 and approved in 2001),[26] which is for a handgun with a removable chassis. Steyr Arms requested a preliminary and permanent injunction against SIG Sauer selling any such firearms. On March 11, 2020, the United States District Court for the District of New Hampshire found that SIG Sauer did not infringe Steyr’s patents, and dismissed all motions.[27]
David Hartley, et al. v. Sig Sauer, Inc.[edit]
A lawsuit related to the above noted drop firing problem and filed in April 2018 in the United States District Court for the Western District of Missouri led to a class action settlement in February 2020.[28][29][30] Elements of the agreement include:[29]
Communication that the mechanical disconnector added via the P320 voluntary upgrade program "provides an additional level of safety," to be advised via the SIG Sauer website and direct customer communication
Extension of the voluntary upgrade program for 24 months past the settlement date
For anyone who submitted their P320 to the voluntary upgrade program and was told it was unrepairable, a refund of the purchase price or a new P320
For anyone who submitted their P320 to the voluntary upgrade program and was charged for repairs, a refund of such charges
A class action settlement form is available on the SIG Sauer website.[31]
Derick Ortiz v. Sig Sauer, Inc.[edit]
In September 2019, an Arizona gun owner who purchased a P320 in September 2016 initiated a class action lawsuit.[32] It claims that SIG Sauer "continued to sell the flawed gun to the public",[32] and that the upgrade offered "would still not fully compensate him for the significantly diminished resale value of his pistol."[33] In March 2020, judge Joseph N. Laplante denied SIG Sauer's motion to dismiss the case.[34][33]
Users[edit]
Civil Police of Ceará State
Military Police of Ceará State
Military Police of Goiás State
West Grey Police, Ontario (9mm variant)
Danish Defence (9mm X-Carry variant)
Regular and concealed carry versions have been chosen to replace the ageing M/49 Neuhausen.[35] Deliveries should be completed by the end of 2019.[36]
Security division of the French National Railway Company
9mm Compact variant, replacing the Ruger SP101 revolver.[37]
Norwegian Police
X-Series chosen as the standard issue sidearm for select agencies, replacing the SIG Sauer P226 and Heckler & Koch P30.[38]
Police in St. Gallen (9mm variant, both full-size and compact sizes ordered in 2019 and 2018 respectively).
Royal Thai Police
Purchase of 152,468 SIG Sauer P320 pistols is approved[39][40] and delivered in December 2017.[41]
On 19 January 2017, the P320 was chosen to replace the Beretta M9 as its main service pistol in response to the request for a Modular Handgun System (MHS) also known as M17 with the Air Force and Marine Corps to be equipped with the M18.[8][42][43]
Immigration and Customs Enforcement[44]
Law enforcement in the United States
Bismarck Police Department
Chicago Police Department[45]
Elkhart Police Department
Hawaii Department of Public Safety[46]
Montgomery Police Department (Alabama)
North Dakota Highway Patrol
Oklahoma Highway Patrol[47]
Pasco County Sheriff's Office (Florida)[48]
Santa Barbara County Sheriff's Office
SEPTA Transit Police (Philadelphia, PA)
Texas Department of Public Safety[49]
Virginia State Police: replacing the SIG Sauer P229R DAK in .357 SIG to the P320 in the same caliber in late 2018.[50]
^ https://www.sigsauer.com/press-releases/sig-sauer-introduces-m17-9mm-p-ammunition/
^ "SHOT Show 2015: SIG SAUER adds subcompact and .45-Caliber options to P320 family". miltechmag.com. Retrieved 28 February 2017.
^ OMelveny, Sean. "Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol". military.com. Retrieved 28 February 2017.
^ "P320 Pistol - Officer.com". officer.com. Retrieved 28 February 2017.
^ "Review: SIG Sauer P320 Pistol". shootingillustrated.com. Retrieved 11 March 2017.
^ "Details on the U.S. Army's new Sig Sauer M17 Sidearm". tacticalcache.com. Retrieved 11 March 2017.
^ Times, Military. "GearScout". militarytimes.com. Retrieved 28 February 2017.
^ a b "Contracts Press Operations Release No: CR-012-17". defense.gov. U.S. Department of Defense. 19 January 2017. Retrieved 13 February 2017. Sig Sauer Inc., Newington, New Hampshire, was awarded up to $580,217,000 for a firm-fixed-price contract for the Modular Handgun System including handgun, accessories and ammunition to replace the current M9 handgun. Bids were solicited via the Internet with nine received. Work locations and funding will be determined with each order, with an estimated completion date of Jan. 19, 2027. Army Contracting Command, Picatinny Arsenal, New Jersey, is the contracting activity (W15QKN-17-D-0016).
^ Army Confirms 9mm for Modular Handgun System - Kitup.Military.com, 26 January 2017
^ Army Names First Unit to Receive Service's New Pistol - Military.com, 3 May 2017
^ MHS Update: Services Embrace Army’s New Sidearm - Kitup.Military.com, 3 May 2017
^ In a first, the Army’s new handgun will be issued to team leaders - Armytimes.com, 29 November 2017
^ Army Explains New Dual-Arming Policy for Modular Handgun System - Military.com, 1 December 2017
^ https://www.guns.com/news/2019/07/22/milwaukee-police-chose-sig-sauer-p320-as-new-duty-pistol
^ https://www.policemag.com/527034/newington-nh-police-department-transitions-to-sig-sauer-p320-pistol
^ http://directives.chicagopolice.org/directives/data/a7a57b38-137ec5db-e6913-7ec6-7ee3ce8cb24a817d.html
^ https://www.ammoland.com/2019/05/lloyd-harbor-ny-police-department-transitions-to-sig-sauer-p320/#axzz62rUjd4Hu
^ "Sig XCompact - Small Gun Parts" (PDF).
^ "P320 XCOMPACT". sigsauer.com. Retrieved 13 March 2020.
^ "Sig P320 X-FIVE Legion - Small Gun Parts". Small Gun Parts.
^ "BREAKING: P320 Recall Issued By Dallas Police - Prohibited From Duty Till Repaired - The Firearm Blog". 2 August 2017.
^ "BREAKING: TTAG Test Shows P320 Striker-Fired Pistols Are Not Drop-Safe - The Truth About Guns". 8 August 2017.
^ "SIG SAUER Issues Voluntary Upgrade of P320 Pistol - Sig Sauer".
^ "P320 Voluntary Upgrade Program - U.S. Consumers". sigsauer.com. Retrieved 12 March 2020.
^ "Steyr Files Lawsuit Against SIG SAUER, Demands Injunction Against P320 for Patent Infringement - The Truth About Guns". 5 May 2017.
^ "Pistol, whose housing is composed of plastic". Retrieved 11 July 2019 – via Google Patents.
^ "SIG SAUER, Inc. Wins Patent Infringement Case from Steyr Arms". sigsauer.com (Press release). 11 March 2020. Retrieved 13 March 2020.
^ "Hartley et al v. Sig Sauer, Inc. et al". pacermonitor.com. Missouri Western District Court. Retrieved 16 March 2020.
^ a b "Settlement Agreement" (PDF). sigsauer.com. January 2020. Retrieved 16 March 2020.
^ "Hartley v. Sig Sauer, Inc. Class Action Agreement". sigsauer.com. Retrieved 16 March 2020.
^ "SIG Sauer P320 Class Action Settlement Claim Form" (PDF). sigsauer.com. March 2020. Retrieved 16 March 2020.
^ a b Bookman, Todd (30 September 2019). "SIG Sauer Sued Again Over Potential 'Drop Fire' Defect with P320 Pistol". NHPR.org. Retrieved 26 March 2020.
^ a b Laplante, Joseph N. (23 March 2020). "Opinion No. 2020 DNH 036" (PDF). United States District Court for the District of New Hampshire. Retrieved 26 March 2020 – via govinfo.gov.
^ "Judge Declines to Dismiss Proposed SIG Class-Action Suit". U.S. News & World Report. AP. 25 March 2020. Retrieved 26 March 2020.
^ "Forsvarets nye pistol: Sig Sauer". forsvaret.dk. 12 April 2018.
^ "Den nye pistol er valgt". fmi.dk. 12 April 2018.
^ Y.C. (26 August 2017). "🇫🇷 Une nouvelle arme de service pour les agents de la SUGE, la police ferroviaire". Actu17 - L′info Police Sécurité Terrorisme. (in French). Retrieved 27 December 2019.
^ "Norwegian Police Adopt SIG SAUER P320 X-Series as Service Pistol". 8 November 2018.
^ "Police chief to seek approval from ministry to make direct order of 150,000 Sig Sauer pistols". Thai PBS. 21 August 2015. Retrieved 21 August 2015.
^ "Gen Prayut Chan-o-cha Approves Royal Thai Police's Purchase of 152,468 SIG Sauer Model P320 Pistols". Chiang Rai Times.com. Retrieved 28 February 2017.
^ "Claims of gangsters buying police pistols are false, says RTP spokesman". The Nation. 24 December 2017. Retrieved 24 December 2017.
^ "Army".
^ "US Air Force Begins Issuing M18 Pistol -". The Firearm Blog. 8 March 2019. Retrieved 17 June 2019.
^ "It is official: ICE tells employees the Sig 320 is their new gun". NEWSREP. 24 February 2017. Retrieved 11 June 2019.
^ "CPD U04-02-01" (PDF).
^ "Hawaii DPS". Thefirearmsblog.com.
^ "Oklahoma Highway Patrol Selects SIG SAUER P320". SIG Sauer. 22 June 2015. Archived from the original on 5 September 2015. CS1 maint: bot: original URL status unknown (link)
^ "Pasco sheriff's deputies trade in Glocks for free SIG Sauer service handguns". Tamba Bay Times. 20 May 2016. Retrieved 6 August 2016.
^ "Texas Department of Public Safety Selects SIG SAUER P320 | Sig Sauer". Sig Sauer. Retrieved 23 June 2018.
^ "Virginia State Police select SIG Sauer P320 Pistol for standard issue firearm".
Wikimedia Commons has media related to SIG Sauer P320.
Official website P320 page
101st AIRBORNE First to Fire the M17 M18 MHS Modular Handgun System (SIG P320) via YouTube
SIG P320 by Hickok45 via YouTube
Firearms made by SIG Sauer
SIG Pro series (2009, 2022, 2340)
P228 (M11)
Micro Compact
P290 / P290RS
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SIG Sauer System
Browning BDA Handguns
.277 FURY
Retrieved from "https://en.wikipedia.org/w/index.php?title=SIG_Sauer_P320&oldid=997861516"
.357 SIG semi-automatic pistols
.40 S&W semi-automatic pistols
.45 ACP semi-automatic pistols
9mm Parabellum semi-automatic pistols
Police weapons
SIG Sauer semi-automatic pistols
Modular firearms
Weapons and ammunition introduced in 2014
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CS1 maint: bot: original URL status unknown
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News about Canada
in CITIES
Fun Facts About Brooks Alberta
by Staff December 20, 2019, 5:07 pm 1.6k Views
Located in the prairie province of Alberta, most Canadians and our foreign friends have absolutely no idea that the city of Brooks exists. So… in our cities series of facts, it is time to show some love to small Canadian cities from coast to coast. Below you will find some fun and interesting facts about Brooks Alberta.
1: Brooks was established on July 14/1910 as a village. It officially became a city in 2005 (September 1).
2: The city is an environmental and agricultural city.
3: Before the city was established, the area used to be a hunting ground for Buffalo by the natives of Crow and Blackfoot.
4: The city is named after an Engineer from Calgary who worked for the Canadian Pacific Railway. His full name was Noel Edgell Brooks. The city is only a mere 2 hours or so from Calgary and not far from the US border.
5: The city is located in South-East Alberta, and has a population of almost 15,000 people.
6: It is not known for this by many, but Brooks is one of Alberta’s most active gas fields. So the oil and gas industry is very important to the city.
7: The city is small but has a very diverse culture; with over 100 languages being spoken. So because of this, it is sometimes referred as the “City of 100 Hellos.”
8: City believes strongly transparency, and as such you can find all the city’s end of the year financial statements online.
9: Brooks has one of the best economies anywhere in Canada. Most people here work and this is reflected in its very low unemployment rate of 2.9 percent. The city attracts a lot of job seekers because of this.
10: Unfortunately for Brooks, the low unemployment rate comes at a price. It has a major manufacturing industry, so a lot of people work at these meat packing and processing plants among others that emit a cow like smell in the air that permeates and fills the city. You can smell it as you are entering the city. But people get used to it once they are in the city. This is the major reason some people come in work, then leave.
11: If you love hiking, fishing, and hunting, the visit Brooks.
12: The Brooks Aqueduct is a Provincial and National Historic Site. It is a short 8 KM southeast of Brooks, by Trans-Canada Highway 1. It was built over 90 years ago (1912) by the Canadian Pacific Railway. It is a very important piece of history to the province of Alberta. It was a very ambitious and daunting project at the time.
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Health Canada has approved Moderna’s COVID-19 vaccine for use in this country, clearing the way for thousands of doses to arrive by month’s end. The federal department announced the approval on Wednesday after completing a review of the company’s clinical trial data. The Moderna vaccine was found to be 94.1 per cent effective, Health Canada […] More
Canada’s response to the COVID-19 pandemic is guided by the latest science and research. The Government of Canada is closely monitoring the genetic variant of the virus that causes COVID-19 identified in the United Kingdom and is working with international partners, including the World Health Organization, to better understand this variant and its impacts. Earlier […] More
The CRA told Global News the letters it sent out are meant to “explain what qualifies as earned income to be eligible for CERB, and what does not.” It adds that those receiving such letters “should not interpret it as a determination that they have definitively been deemed ineligible for the CERB.” But many self-employed […] More
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Meet the 2013 Rising Stars
By Troy K. Schneider
This has been a tough year to be a fed: there have been furloughs, shutdown fears, ongoing pay freezes and an utter lack of budget clarity. Throw in the occasional congressional broadside or inspector general audit, and one could be forgiven for tucking into a defensive crouch and hoping that next year will be better. (Spoiler alert: Don't count on it.)
More often than not, however, great work is still getting done despite all the obstacles. And without fail, those successes can be traced to the commitment and creativity of exceptional individuals in the federal IT community.
FCW's Rising Star awards are an opportunity to recognize some of those individuals who are early in their careers and who bring new energy and ideas to the table. We will profile each of this year's winners in the October issue -- and will thank them in person at the Oct. 16 GCN Gala -- but for now, it is my pleasure to announce the 2013 Rising Stars:
Eric T. Brassil, Department of State
Kirsten E. Dalboe, Department of Homeland Security
Grace E. Dalton, Department of the Army
Carolyn Harvey, General Services Administration
Dan P. Houston Jr., U.S. Postal Service
Hetal Jain, Department of Transportation
Samantha Kott Kouril, General Services Administration
Victor T. Lazzaro, Department of Health and Human Services
Michael G. Meskill, Department of Agriculture
Michael Metzger, Department of Defense
Van "Irina" Nguyen, Department of the Army
Paul Reynolds, Department of Homeland Security
Marlene C. Roush, SAIC
Rebecca Schwartz, Lockheed Martin
Michael Shrader, Carahsoft
And for those of you who know more-senior superstars in federal IT, start drafting your notes! The Federal 100 nomination period opens Oct. 1, and I look forward to seeing the submissions. If they're anything like this year's Rising Star nominations, the future might look brighter after all.
Troy K. Schneider is editor-in-chief of FCW and GCN, as well as General Manager of Public Sector 360.
Prior to joining 1105 Media in 2012, Schneider was the New America Foundation’s Director of Media & Technology, and before that was Managing Director for Electronic Publishing at the Atlantic Media Company. The founding editor of NationalJournal.com, Schneider also helped launch the political site PoliticsNow.com in the mid-1990s, and worked on the earliest online efforts of the Los Angeles Times and Newsday. He began his career in print journalism, and has written for a wide range of publications, including The New York Times, WashingtonPost.com, Slate, Politico, National Journal, Governing, and many of the other titles listed above.
Schneider is a graduate of Indiana University, where his emphases were journalism, business and religious studies.
Click here for previous articles by Schneider, or connect with him on Twitter: @troyschneider.
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Outlook bleak for fiscal 2014 defense funding
By Amber Corrin, Mark Rockwell
Top military officials and federal budget experts are predicting more cuts and greater uncertainty as the fiscal 2014 budget and appropriations process looms.
The Defense Department and defense contractors particularly are poised to take hits in fiscal 2014, sources indicated.
"The picture isn't pretty...we are headed into a very difficult time," Frank Kendall, undersecretary of defense for acquisition, technology and logistics, said at an industry event in Washington on Sept. 4, National Defense reported. "It is very hard for us to manage these abrupt cuts."
The next day, Chief Naval Officer Adm. Jonathan Greenert painted an equally grim picture for the Navy, saying the service faces a $14 billion reduction that could more than halve its ship availability.
"Usually, we have three carrier strike groups and three amphibious ready groups able to respond within a week," Greenert said at the American Enterprise Institute in Washington. "We have one now, and that's going to be the story in fiscal 2014."
Greenert also predicted reduced training, cuts to shipbuilding, continued hiring freezes, the loss of about 25 aircraft and a possible reduction in force. He said the Navy will start voluntary civilian retirement programs as soon as Oct. 1, the first day of fiscal 2014, in hopes of heading off involuntary force reductions.
The bleak outlook extends far beyond the uniformed services. A new study from the Center for Strategic and International Studies shows that contractors also face a bearish business environment, including a likely decline in contracts over the next two years attributable to sequestration.
"Overall, this report shows the beginning of a decline in federal services contracting that is largely commensurate with the declining overall federal budget and expenditure levels," the report's authors wrote. "It remains to be seen whether the 2013 levels, with the impact of sequestration under the Budget Control Act of 2011, will maintain that relationship or not."
Federal information and communications technology contracts are in decline from a 2011 high-water mark, according to the study, with information technology efficiencies such as cloud computing and virtualization a possible contributing factor.
Information and communications technology, or ICT, contracts are in line with an overall decline in federal services contracts in the same period, CSIS said. Between 2011 and 2012, the study said, overall contract spending on services fell from $331.5 billion in 2011 to $307.8 billion in 2012, a seven percent decline. That trend is likely to continue.
The report drew data from the government's Federal Procurement Data System (FPDS) from fiscal 2000 through fiscal 2012.
Projected declines in spending, with and without sequestration. (CSIS graphic)
Although it found the biggest decline was for professional, administrative and management support (PAMS) contracts, the study said government ICT contracts fell by more than $2 billion, or six percent, from 2011 to 2012.
GSA ICT contract obligations also declined 5.2 percent between 2010 and 2012, while contract obligations for PAMS increased 21.2 percent comparatively among the five areas measured by the study. Equipment related services, research and development, and medical services all saw increases in the period, but none of the three exceeded $300 million in any given year, according to the study.
Along with the government budget cutbacks, a small part of the decline in ICT contracts could be due to increased IT efficiencies derived from virtualization and cloud applications. "ICT has traditionally been slower" than the other sectors the group studied, said Greg Sanders, CSIS fellow and one of the study's lead authors. "It has dropped off 1 percent since 2009. While that indicates the overall government environment, we could be beginning to see some benefits from virtualization."
The government's use of blanket purchase agreements, like those the GSA rolled out for wireless services this past summer, are gaining steady traction, said Sanders. BPAs grew from .25 percent of ICT prime contracts in 2000 to 3.9 percent in 2009 to 4.5 percent in 2013. Government-wide acquisition contracts, like NASA's SEWP, now make up 10 percent of ICT prime contracts, he said, while the use of Federal Supply Schedule contracts for ICT primes continues to drop, from 25 percent of ICT prime contracts in 2000 to 12 percent in 2012.
The Pentagon, which accounts for half of ICT contract obligations, accounted for most of the decline. The Big Six vendors: Boeing, Lockheed Martin, Northrop Grumman, General Dynamics, Raytheon, and BAE, saw a faster decline than overall ICT, it said.
Overall, DOD contracts declined at a rate of roughly 5 percent per year from 2009 to 2012, according to the report, with equipment-related services being a rare bright spot seeing some increase over the past few years. But the report noted that DOD service contract obligations declined by nearly $33 billion in that time, including $15 billion from 2011 to 2012.
Research and development is an area particularly hard-hit by budget cuts. The CSIS report pegged the decline at roughly $4 billion between fiscal 2011 and fiscal 2012, from $39 billion to $35 billion. IT in general peaked in 20911 and has been declining slightly, the report noted.
Kendall highlighted the R&D and technology reductions as particularly worrisome. He said that in the push to quickly slash spending, these investment-type accounts are especially vulnerable and could face up to 20 percent reductions.
"This is a bizarre situation for the United States," Kendall said. "We are seeing growing national security threats but we are unilaterally disarming because of concerns about the deficit and the national debt. This is a very unusual situation for us."
Kendall also expressed specific concern for industry, which he indicated will suffer ripple effects of cuts if there is no congressional intervention – a prospect for which he was not optimistic. The end result of that could mean "tens of thousands" of job losses, he said.
"I am increasingly concerned about our technological superiority," Kendall said. "I don't think people understand as much as they should that our technological superiority is not assured at all," with prospective enemies "designing systems to be better than ours and to defeat ours."
Amber Corrin is a former staff writer for FCW and Defense Systems.
Mark Rockwell is a senior staff writer at FCW, whose beat focuses on acquisition, the Department of Homeland Security and the Department of Energy.
Before joining FCW, Rockwell was Washington correspondent for Government Security News, where he covered all aspects of homeland security from IT to detection dogs and border security. Over the last 25 years in Washington as a reporter, editor and correspondent, he has covered an increasingly wide array of high-tech issues for publications like Communications Week, Internet Week, Fiber Optics News, tele.com magazine and Wireless Week.
Rockwell received a Jesse H. Neal Award for his work covering telecommunications issues, and is a graduate of James Madison University.
Click here for previous articles by Rockwell. Contact him at [email protected] or follow him on Twitter at @MRockwell4.
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Text Me When You’ve Read This
December 4, 2014 by CJ
Men, Women and Children **1/2 (out of five)
In 2012 Henry Alex-Rubin directed the Robert Altman-esque Disconnect, a multi-character, multiple-storyline (MCMS) piece examining the way the internet was simultaneously connecting us and disconnecting us. Like many, many MCMS films that aren’t made by Robert Altman, Paul Thomas Anderson or Alejandro González Iñárritu , it had some issues in bringing its characters together in any believable way, but it was pretty good, and much better, more incisive, and far more entertaining than Jason Reitman’s Men, Women and Children, which is remarkably similar, not nearly as good, and, at four minutes longer, feels forty minutes longer. Reitman had a dream run of four modern classics: Thank You For Smoking, Juno, Up In The Air and Young Adult, but Men, Women and Children is not anywhere close to their league.
Like Disconnect, Men, Women and Children looks distrustfully at the internet – and smartphone texting in particular – as it relates to family life, particularly amongst parents and teenagers, and particularly relating to sex. It is preachy and didactic, with a lot of the dialogue existing purely to push the technological references to the fore, leaving a terrific cast feeling very shallow.
Jennifer Garner has the worst role, as a mother so scared of the internet that she monitors every single text, message, email, emoji, swipe, blurt, zap and phlap her teen daughter receives, sends, logs into or simply smells. Notice there’s no “tweet” in that rather facetious list. Facebook is often mentioned in the film but Twitter never is. Tumblr, yes; Instagram, no. At one point one of the parents, to express their out-of-touchness, mentions “MySpace”. Yet the movie, almost simply by the fact that it takes time to make a movie and get it into cinemas (especially if it’s based on a novel, as this one is) can’t help but suffer from the same problem. Personal tech is moving just too fast to comment on it incisively in this format.
Spike Jonze’ excellent film Her managed to avoid such fuddy-duddy’s by setting itself in the near future. Reitman’s film, set today, feels like yesterday. Like, sooo yesterday. But it’s not helped at all by a cold script that really doesn’t invite us to feel for any of the myriad characters, really indulgent editing, and a too-obvious soundtrack desperate to tell us what to think and, always worse, how to feel. There are moments that are illuminating about certain aspects of teen behaviour, but they’re wrapped in a really dull package. Adam Sandler gives an unusually subdued and competent performance as a tired, bored Dad; that that is the film’s most intriguing element is a shame.
The Big Thing
Charm City
On the MOVIELAND podcast, CJ talks to Kitty Green about her film THE ASSISTANT, which is CJ's Best Film of 2020.… twitter.com/i/web/status/1… 8 hours ago
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FINMA’s Board of Directors reelected with two new members
The Federal Council appointed the members of the Swiss Financial Market Supervisory Authority FINMA’s Board of Directors today for the term of office from 2020 to 2023. It confirmed Thomas Bauer (Chair), Marlene Amstad (Vice-Chair), Benjamin Gentsch, Bernard Keller, Renate Schwob, Martin Suter and Franz Wipfli for another term. Ursula Cassani Bossy and Andreas Schlatter were elected to the Board as new members. Yvan Lengwiler and Günter Pleines are to step down from the Board at their own request.
At its meeting today, the Federal Council elected the following current members of FINMA’s Board of Directors for a further term of office running until the end of 2023: Thomas Bauer (Chair), Marlene Amstad (Vice-Chair), Benjamin Gentsch, Bernard Keller, Renate Schwob, Martin Suter and Franz Wipfli. Yvan Lengwiler and Günter Pleines did not stand for reelection and will therefore step down from the Board on expiry of the current term at the end of 2019.
The Federal Council also appointed two new members to FINMA’s Board of Directors. They will take up their duties on 1 January 2020 and will also remain in office until the end of 2023.
Prof. Dr Ursula Cassani Bossy (1956) has been a professor of criminal law at the University of Geneva since 1995 and a member of the Centre de droit bancaire et financier (centre of banking and financial law) of the faculty of law since 2004. Her main areas of expertise include money laundering, corruption and corporate criminal law. In addition, she oversees a number of courses in financial market law, for example CAS Compliance in Financial Services and CAS Financial Regulation, in her capacity as chairperson of the Supervisory Board. She worked as a lawyer at Lenz & Staehelin in Geneva from 1989 to 2013. Ursula Cassani Bossy has authored many legal publications on criminal law.
Dr Andreas Schlatter (1966) worked in asset management at UBS from 1997 to 2016, where he was, inter alia, CEO of the Swiss Asset Management unit and ultimately global head of distribution. He was also a member of the Swiss Federal Commission for Occupational Pensions and Chairman of the Swiss Bankers Association’s Commission for Institutional Asset Management. Andreas Schlatter holds a doctorate in Mathematics from ETH Zurich and is a certified financial analyst.
Thomas Bauer says: “I would like to thank Yvan Lengwiler and Günter Pleines most sincerely for their longstanding commitment to FINMA. They enriched our committee through their extensive professional knowledge and experience.” And: “I am looking forward to working with Ursula Cassani Bossy and Andreas Schlatter. They will contribute their legal know-how and considerable experience in asset management to the Board of Directors.”
FINMA’s Board of Directors will comprise the following nine members with effect from 1 January 2020. All the members are independent of the supervised institutions: at the time of taking office, they do not engage in any activities that could lead to conflicts of interest (see Federal Council decision of 6 December 2013).
Dr Thomas Bauer (Chair)
Prof. Dr Marlene Amstad (Vice-Chair)
Prof. Dr Ursula Cassani Bossy
Benjamin Gentsch
Bernard Keller
Dr Andreas Schlatter
Dr Renate Schwob
Martin Suter
Franz Wipfli
The Federal Council appoints FINMA’s Board of Directors every four years. The Board of Directors is FINMA’s strategic management body. According to the Financial Market Supervision Act, the Board of Directors notably defines strategic goals, decides on matters of substantial importance, issues circulars and ordinances delegated to FINMA and appoints and supervises the Executive Board.
Vinzenz Mathys, Media Spokesperson
vinzenz.mathys@finma.ch
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The John and the Porn Star
Sep. 8, 2009 , at 6:10 PM
By Tom Schaller
A woman in the sex trade cost New York governor Eliot Spitzer his office. Will a woman in the sex trade save Louisiana Sen. David Vitter? Possibly, but let me explain.
The big news last week in the 2010 Louisiana U.S. Senate race was that Blue Dog Democrat Rep. Charlie Melancon will challenge Vitter for his seat. That, coupled with Vitter’s residual problems stemming from his 2007 “Canal Street madam” scandal, in which Vitter was implicated as a john who used a high-priced prostitution service, has put Vitter in serious electoral jeopardy.
[youtube http://www.youtube.com/watch?v=wy-KvTdEfos&hl=en&fs=1&]
So what are Melancon’s prospects? A late-July poll, taken before Melancon’s announcement, showed Vitter anchored around 44 percent on several measures. Here are the key graphs from Public Policy Polling’s write-up of their results:
When you pit Vitter against a generic Democrat … he leads 44-38. And when you test him specifically against potential opponent Charlie Melancon, that advantage rises to 44-32.
That 44% seems to be the magic number when it comes to Vitter right now. His approval rating is also 44%, with 36% disapproving and the percentage of voters with a favorable opinion of him is 44% as well, compared to 39% who view him negatively.
So he’s definitely below the 50% mark considered safe for an incumbent, but he’s not that far below it and at least initially voters still prefer him to letting the seat change parties.
One wild card in this race is the possibility that adult film star Stormy Daniels will run, too. It’s not clear what her party affiliation is, but Daniels says she wants to eliminate the federal income tax and replace it with a national sales tax. It’s also unclear whether there’s any real momentum for her candidacy: The “Draft Stormy” website, which is an independent site unaffiliated with the actress, has gone several months without an update.
As Daniels herself indicated during one of the interviews she conducted after announcing her “exploratory” committee (insert your own double-entendre here), she may be less interested in running as she is in compelling somebody more serious and experienced to plunge into the race against Vitter. Here’s what she told FOX News back on June 7 (full video above):
“If I were an outsider looking in I’d think [my candidacy] sounds ludicrous. It really does. And I guess the whole thing is, if they dislike David Vitter so much that they think I’m the best person for the job, then that’s kind of scary. And, as I’ve said before, maybe I’m not, and perhaps me bringing attention to the issues at hand and the state of the Senate in Louisiana, maybe I will encourage someone to step up and really give him a good challenge. And if not, then I’m willing to do everything i can in my power to make it legit and, like I said, do the best I can do.”
So Melancon’s announcement may be sufficient for Daniels to bolt.
Now, the conventional wisdom is that having Daniels in the race would provide a constant, painful reminder of Vitter’s sexual indiscretions. That makes sense–although I’d caution that, compared to porn stardom, mere solicitation of prostitutes (even if illegal) pales somewhat.
But having Daniels, or really any other legit third (and/or fourth or fifth) candidate in the race, could very well complicate matters for Melancon–as Democratic Rep. Chris John learned in 2004. That year, Vitter narrowly avoided a runoff, capturing 51 percent of the vote against three Democratic challengers. The crucial factor here is Louisiana’s electoral system which, as most of you surely know, requires a strict majority, rather than a mere plurality of the vote, to win; if no candidate receives an absolute majority the top two vote-getters go to a run-off.
Now, for the sake of argument, let’s presume from the PPP results that Vitter will do no worse than 44 percent. That said, Melancon will need to get 50 percent of the remaining 56 percent to avoid the run-off, which will be hard enough. Still, Melancon really wants to avoid having to go to a run-off, because in run-offs voter turnout rates tend to drop in ways that favor Republicans. (Just ask Georgia’s Jim Martin.)
And if, in fact, a simple, head-to-head matchup with Vitter is the ideal scenario for Melancon to unseat Vitter, the possible addition of other candidates–be they former porn stars or not–only complicates matters for the Democratic congressman. Which is why, crazy as it may sound, the Porn Star’s candidacy could actually help the John.
CORRECTION: I was unaware that in 2006 Louisiana eliminated the so-called “jungle primary” system for federal elections, so there will in fact be a traditional primary and thus only one Democratic and Republican nominee for the 2010 senate race. My thanks to Kevin Franck of the Louisiana Democratic Party for alerting me to the change, and my apologies to readers for not knowing about the change. That said, Melancon, presuming he’s the nominee and Vitter is too, will not have to worry about the complications that faced Chris John in 2004.
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Greta Thunberg doesn't care about jet-setting exploits by celebrities preaching about the planet
Greta Thunberg has said she doesn't care about the jet-setting exploits of celebrities who preach about the environment in an interview before her 18th birthday.
The teenage activist became the face of the youth climate movement after starting a solo school strike in front of the Swedish parliament at the age of just 15.
Since then, Ms. Thunberg, who will turn 18 on Sunday, has spoken at the United Nations Climate Change Summit, has been nominated for a Nobel Peace Prize and named Time Magazine's Person of the Year 2019.
But she said her global superstar won't last forever, so she's trying to "use her position" to do as much as possible "in this limited time".
In an interview with The Times, the 17-year-old was asked how she felt about celebrities traveling the world in gas-guzzling airplanes while they preach about climate change.
She simply replied, "I don't care."
Greta Thunberg (pictured) has said she doesn't care about the jet setting exploits of celebrities who preach about the environment in an interview before her 18th birthday
Prince Harry and Meghan Markle have been criticized for using private jets in 2019 – including four trips in just eleven days in August – despite their environmental impact.
Ms. Thunberg said, “I don't tell anyone what to do, but there is a risk in talking about these things and not practicing while you are preaching. Then you will be criticized for it and what you say is won’t be taken seriously.
The teenager with Asperger's Syndrome criticized Boris Johnson's ten-point “green industrial revolution”.
The prime minister launched a £ 12 billion plan for the environment last year that could create 250,000 jobs and cut the country's carbon emissions significantly.
Ambitious proposals include plans to ban new sales of gasoline and diesel cars by 2030, install thousands of offshore wind turbines, and plant 75,000 acres of trees a year.
Ms. Thunberg, who will turn 18 on Sunday, spoke at the United Nations climate change summit, was nominated for a Nobel Peace Prize and named Time Magazine's Person of the Year 2019 (picture)
But Miss Thunberg (pictured) said her global superstar won't last forever, so she is trying to "use her position" to get as much done as possible "in this limited time".
Prince Harry and Meghan Markle (pictured) were criticized for using private jets in 2019 – including four trips in just eleven days in August – despite their environmental impact
Ms. Thunberg said that while the proposals were seen as better than the government, which was doing nothing, she pointed out that scientists had criticized for not doing enough to combat climate change.
In the interview, the activist also said that she does not think about criticism that world leaders have made of her.
In 2019 Mrs. Thunberg called: "How dare you?" during the UN General Assembly – claim that the heads of state are failing the younger generation.
US President Donald Trump said sarcastically of her UN speech: “She seems like a very happy young girl looking forward to a bright and wonderful future. So nice to see. & # 39;
Last December, President Trump urged Ms. Thunberg to "work on her anger management problem" and "make a good old-fashioned movie with a friend" after she became the youngest person to be awarded the Person of the Year award. by Time Magazine.
After she was named Person of the Year by Time Magazine, President Trump said Thunberg needed to relax and work on her anger management problem.
The teen activist mocked the president and used his words to change her Twitter bio
The 17-year-old mimicked a tweet the president sent her last year and urged him to relax and work on his anger management problem.
In his tweet last year, the president wrote: “So ridiculous. Greta has to work on her anger management problem and then watch a good old fashioned movie with a friend! Chill Greta, chill! & # 39;
In November, Ms. Thunberg threw back the criticism.
The teen went on Twitter to respond to the president's demands to stop the count and wrote, “So ridiculous. Donald has to work on his anger management problem and then go to a good old fashioned movie with a friend! Chill Donald, chill! & # 39;
Last month, the activist said she was celebrating return to school but blaming nations for ignoring climate experts, despite the pandemic showing the importance of following science.
Ms. Thunberg took a year from 2019 to force executives from all over the world to take action against climate change.
The school girl was seen at UN headquarters with an angry look on her face when President Trump walked in last year
As her studies started again, she told writer Margaret Atwood during her guest editing on BBC Radio 4's Today program that the coronavirus crisis had shed light on how we cannot do it without science.
And she accused the world of listening to "one type" of scientists and ignoring others who warn about climate change.
When asked if the pandemic's impact on people's appreciation of science could affect climate information, the teen said, “It could definitely be the case.
“I think this pandemic has shed some light on how … we depend on science and that we can't do it without science.
“But of course we only listen to one type of scientist or some types of scientists, and for example we don't listen to climate researchers, we don't listen to scientists who work on biodiversity.
"Of course that has to change."
She had previously shared a picture of herself on a bike with her school backpack slung over her shoulder as she celebrated her return to training.
However, the environmental activist expressed skepticism when asked about pledges made by nations to reduce their carbon emissions, such as China, which has pledged to hit a net-zero target by 2060.
She said, “It would be very nice if they actually meant something.
“We can't just go on talking about future, hypothetical, vague, distant dates and promises. We have to do things now. And net zero … that is a very large gap, you can fit a lot into the word net. & # 39;
However, she praised the election of Joe Biden as US President, who pledged to rejoin the Paris Agreement on the first day of his presidency.
Ms. Thunberg added: “It could be a good start for something new.
"Let us hope it is and we urge it to be so."
(tagsToTranslate) Dailymail (t) news (t) United Nations (t) climate change and global warming
First U.S. case of the British COVID strain found in a tiny nursing home in a town in Colorado of 600 residents
DEBORAH ROSS: Black daffodil with Aisling Franciosi everything is so sinfully slow, sister
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Category: Jamaica
August 25, 2020 January 16, 2021 M Jamaica, References
H.M.S Narvik
And if I may say so, sir, I submit that we should take steps to clear up Crab Key without waiting for approval from London. I can provide a platoon ready to embark by this evening. HMS Narvik came in yesterday. If the programme of receptions and cocktail parties for her could possibly be deferred for forty-eight hours or so…” The Brigadier let his sarcasm hang in the air.
DR. NO Chapter 20
DR. No has met his demise and James Bond is back in Jamaica where an emergency meeting is underway in King’s House. The Brigadier in command of the Caribbean Defence Force suggests a plan of action.
There appears that there was a ship by the name of H.M.S. Narvik. There isn’t a whole lot of information that is readily available. The real ship was a submarine support ship, which apparently supplied and supported a fleet of submarines.
There doesn’t appear to be any evidence that the vessel ever came to Jamaica, it appears most of its time during that period was in the South Pacific. I’d be interested to know how Fleming came to choose this ship to be the cited for this adventure.
HMS NARVIK (FL 10201) Underway in the Solent with a deck cargo of five LCAs. Copyright: © IWM. Original Source: http://www.iwm.org.uk/collections/item/object/205120861
July 13, 2017 July 13, 2017 M Jamaica, References
Devil’s Racecourse
After James Bond and Quarrel arrive at their training grounds on the north shore of Jamaica, Bond checks the paper for any news of a diversion he had set up in an attempt to shake off anyone who had been watching him since his arrival on the Island.
The Gleaner said that a Sunbeam Talbot, H. 2473, had been involved in a fatal accident on the Devil’s Racecourse, a stretch of winding road between Spanish Town and Ocho Rios — on the Kingston — Montego route.
Looking at the section of road above, one can easily envision an “accident” being arranged on such a precarious stretch. Devil’s Racecourse is also the name of a geological formation in the Benbow Inlier in central Jamaica, right around the area of the road. The formation contains some of the oldest Cretaceous marine sediments and fauna fossils in the Caribbean.
Click to access devils-racecourse.pdf
July 6, 2017 M Jamaica
In Dr No, James Bond and Quarrel are headed to their training grounds in the Austin A.30, near Stony Hill.
Bond changed up into top and dawdled through the cool beautiful glades of Castleton Gardens.
The Castleton Botanical Gardens are some of the oldest public gardens in the Western hemisphere, having been founded in 1862. The grounds had previously been a sugar plantation owned by an Englishman, Colonel Castle. Among the variety of plants present, there are around 200 species of palms and at least 400 specimens of other flora.
Located about 20km north of Kingston, the grounds are a popular spot for getting away from the city.
May 26, 2017 May 25, 2017 M Food, Jamaica
Salt Fish and Ackee
In Dr. No, in the morning following their night at The Joy Boat, James Bond and Quarrel reconvene at Bond’s hotel, the Blue Hills.
‘Yes, come on in, Quarrel. We’ve got a busy day. Had some breakfast?’
‘Yes, tank you, cap’n. Salt fish an’ ackee an’ a tot of rum.’
‘Good God,’ said Bond. ‘That’s tough stuff to start the day on.’
‘Mos’ refreshin’,’ said Quarrel stolidly.
SaltFish and Ackee is Jamaica’s National Dish.
The Ackee fruit was originally native to West Africa, and was introduced to Jamaica where it has become the national fruit of the country. The fruit grows on evergreen trees, in pods which ripen from green to red, and then split open when completely ripe. Even then, care must be taken to separate the yellow aril from the black seeds.
The Salt Fish and Ackee dish is a common breakfast meal, as the edible part of the Ackee fruit when cooked, has the texture and even the taste, of scrambled eggs.
In addition to the Salt fish, onion and various colorful peppers are usually a part of the dish.
During my trip to Goldeneye, I was sure to eat Salt fish and Ackee each morning for breakfast.
It is traditionally served with those fried dumplings, which complement the dish very well.
I did not have the “tot of rum” with breakfast, however. Instead I stuck with the Jamaican Blue Mountain coffee.
December 7, 2016 May 25, 2017 M Jamaica
Palisadoes Airport
This entryway into Jamaica (now known as Norman Manley International Airport) is featured in three Ian Fleming novels – Live and Let Die, Dr No and The Man With The Golden Gun.
In Live and Let Die, Bond is met at the airport by Strangways following his departure from the United States via Tampa, a brief stop in Nassau, and a bit of a rough approach and landing in Jamaica.
This happy landing at Palisadoes Airport comes to you by courtesy of your stars. Better thank them.
Bond unfastened his seat-belt and wiped the sweat off his face.
To hell with it, he thought, as he stepped down out of the huge strong plane.
Strangways, the chief Secret Service agent for the Caribbean, was at the airport to meet him and he was quickly through the Customs and Immigration and Finance Control.
In Dr No, Bond is met by Quarrel.
Slowly the great aircraft turned in again towards the land and for a moment the setting sun poured gold into the cabin. Then, the plane had dipped below the level of the Blue Mountains and was skimming down towards the single north–south runway. There was a glimpse of a road and telephone wires. Then the concrete, scarred with black skid-marks, was under the belly of the plane and there was the soft double thump of a perfect landing and the roar of reversing props as they taxied in towards the low white airport buildings.
The sticky fingers of the tropics brushed Bond’s face as he left the aircraft and walked over to Health and Immigration. He knew that by the time he had got through Customs he would be sweating. He didn’t mind.
In The Man With The Golden Gun, Bond is killing time at “Kingston International Airport” before a connecting flight to Havana when he stumbles across a lead which changes his plans and keeps him in Jamaica.
There are few less prepossessing places to spend a hot afternoon than Kingston International Airport in Jamaica. All the money has been spent on lengthening the runway out into the harbour to take the big jets, and little was left over for the comfort of transit passengers. James Bond had come in an hour before on a B.W.I.A. flight from Trinidad, and there were two hours to go before he could continue the roundabout journey to Havana. He had taken off his coat and tie and now sat on a hard bench gloomily surveying the contents of the In-Bound shop with its expensive scents, liquor, and piles of overdecorated native ware He had had luncheon on the plane, it was the wrong time for a drink, and it was too hot and too far to take a taxi into Kingston even had he wanted to. He wiped his already soaking handkerchief over his face and neck and cursed softly and fluently.
Immigration and Customs at Palisadoes Airport, late 1950’s – early 1960’s.
The airfield was constructed in the late 1930’s, the location was selected because it was close to Kingston (10 miles), and Port Royal (5 1/2 miles), could handle land and sea planes and there were good roads in the area.
When World War II broke out, the civilian airfield became a Royal Navy Air Station, commissioned on 21 Jan 1941 as HMS Buzzard. It was closed on December 31st 1944, and returned to civilian use.
In 1948 the Palisadoes Airport opened. This aerial shows the site in the late 1940’s:
In these 1962 stills, you can see the view exiting the terminal and curbside of the Palisadoes Airport, as well as the view from across the road. Interestingly these are before Ian Fleming wrote The Man With The Golden Gun.
October 3, 2016 M Jamaica
Port Royal Lighthouse
Dr No:
The other side of the mountains was in deep violet shadow. Lights were already twinkling in the foothills and spangling the streets of Kingston, but, beyond, the far arm of the harbour and the airport were still touched with the sun against which the Port Royal lighthouse blinked ineffectually. Now the Constellation was getting its nose down into a wide sweep beyond the harbour. There was a slight thump as the tricycle landing gear extended under the aircraft and locked into position, and a shrill hydraulic whine as the brake flaps slid out of the trailing edge of the wings. Slowly the great aircraft turned in again towards the land and for a moment the setting sun poured gold into the cabin. Then, the plane had dipped below the level of the Blue Mountains and was skimming down towards the single north-south runway. There was a glimpse of a road and telephone wires. Then the concrete, scarred with black skid-marks, was under the belly of the plane and there was the soft double thump of a perfect landing and the roar of reversing props as they taxied in towards the low white airport buildings.
The Plum Point lighthouse in Port Royal was built in 1853. Made of stone and cast iron, the 69-foot tall two-stage structure flashes every nine seconds, alternating between red and white. It sits adjacent to the end of the Norman Manley International Airport, (the Palisadoes Airport in Bond’s time) as can be seen here:
The light on the tower has reportedly only gone out once, during a 1907 earthquake. A year earlier, in 1906, the cruiseliner Prinzessin Victoria Luise (the first purpose-built cruise ship) ran aground near the lighthouse and was wrecked.
Here is a look at the Harbor, and you’ll note that the lighthouse is not in the town of Port Royal proper, but is near the airport. This could a view similar to what Fleming described, with the “far arm of the harbour and the airport.”
May 20, 2016 May 19, 2016 M Jamaica
Reflections in Goldeneye
A panoramic view of Goldeneye.
For anyone who is a fan of the Ian Fleming James Bond novels, a pilgrimage to the spot where Fleming wrote the books is high atop the wish list.
At least it was for me.
After many years of thinking about it, I decided to do it. There was a lot happening in my life at the moment, and an escape to wander in the paths that Ian Fleming himself walked and lived seemed like the ideal way to find my own direction. I’m close to the age that Fleming was when he was writing the books, living in Jamaica for two months a year, and this seemed the perfect time to take the plunge and really immerse myself in finding out what appealed so much to him, and if it would give me similar inspiration.
Arriving at the Goldeneye Resort after a two-hour drive from the Montego Bay airport, you wonder if you’re even in the right spot. There is no sign out front announcing the resort, just a simple gate. It’s later explained to me that because of the celebrities who come here, any little bit to throw off the paparazzi is attempted.
A gracious welcome in the Ian Fleming lounge is the first stop, a simple room much in the feel of the original Goldeneye house, with open, windows and familiar, black-and-white images of Fleming adorning the walls. (Most of these images can be found in Matthew Parker’s excellent book.)
My stay was not in the actual Goldeneye house (Referred to as the Fleming Villa on site) but instead in one of the new beach cottages recently added to the resort. The next afternoon I would have a chance to visit the Fleming Villa.
Just coming here was something of a risk, as I wasn’t sure if I’d be allowed to go to the house. I was informed ahead of time that if there were guests staying in the villa, obviously I would not be able to tour the house. As it was the off-season, the house was empty, and with wild anticipation, I was brought up to the house that Ian Fleming built.
The villa is fenced in for privacy, so as I stepped through the gate I caught my first glimpse of Goldeneye, I saw only the roof and top of the walls over the tropical bushes, but recognized the building immediately. I walked along the side path and through the side entrance of the house. It opens into the living area, where there are a few bits of furniture set around a glass-topped table and a large day bed. While not quite as spartan as when Fleming lived there, the house remains simple. No television, no clocks or other visible electronics, save a speaker in the bedroom.
The wide windows with the opened shutters and broad sills had me imagining the people sitting in this room over the years and the conversations that were held here. The cocktails. The meals served by Violet. They took place in this very room.
Moving through this large room, I stopped briefly at the door in the front of the house to admire Fleming’s sunken garden, where they would sit and read in the tropical sunshine, and where Ann would be painting.
Turning back into the room, you see the door leading into a bedroom with a desk set into the corner. This is where Ian Fleming wrote the James Bond novels. I nervously ask the guide if I may sit at the desk, she says “of course.” It is the original desk, and from all the photos I can find, this is the original chair as well. I sit in the chair, at the desk, and gaze out the window. Fleming would close the shutters on these windows when he was working, and then throw them open when he was done for the day and head down to the water.
What a moment.
I took a little bit to just absorb the moment. To reflect on the history here. Events 60 years ago in this very structure. It was actually pretty humbling.
Out the side door of Fleming’s bedroom led to a path down to the cliff side, and down the stairs that have been built into the cliff. Not the original stairs, but heading down them was still another thrill. There was the private beach. About the size of a cricket pitch, with the large rock about 10 feet out.
Another moment to pause and think of the hours Fleming spent exploring the waters here.
After a few minutes, it’s back up another set of stairs in the cliff which bring you up to the other side of the property. Getting more of a frontal view of the house allows you to get the measure of it. Back near the gate where I came in, I pause to look at a disheveled looking sign on a tree. This is the tree planted by the British Prime Minister Anthony Eden during his 1956 stay at Goldeneye to recuperate from Suez.
It’s one of the last things I see as I exit Goldeneye.
But I will certainly never forget this visit to the spot where it all began for James Bond.
(Stay tuned for more of my tour of the North coast of Jamaica, seeking out Fleming/Bond connected locations.)
October 14, 2015 October 14, 2015 M Jamaica, References
Mona Reservoir, Jamaica
After Strangways and Mary Trueblood are killed in the opening chapter of Dr. No, their bodies are deposited in a body of water outside Kingston.
As the first flames showed in the upper windows of the bungalow, the hearse moved quietly from the sidewalk and went on its way up towards the Mona Reservoir. There, the weighted coffin would slip down into its fifty-fathom grace and, in just forty-five minutes, the personnel and records of the Caribbean station of the Secret Service would have been utterly destroyed.
The Mona Reservoir is the main water supply for Kingston, located in the neighborhood of Mona, about eight kilometers outside of Kingston.
After many years of development and several setbacks, the Mona Reservoir went into service in 1959.
Mona Reservoir – the final resting place of Commander John Strangways and Mary Trueblood.
View from the Reservoir looking towards Kingston.
September 24, 2015 September 24, 2015 M Jamaica
King’s House, Kingston Jamaica
Built in 1907-08, King’s House is the residence of the Governor is Jamaica. As Dr. No opens, Fleming sets the stage for us.
Richmond Road is the ‘best’ road in all Jamaica. It is Jamaica’s Park Avenue, its Kensington Palace Gardens, its Avenue D’Iena. The ‘best’ people live in its big old-fashioned houses, each in an acre or two of beautiful lawn set, too trimly, with the finest trees and flowers from the Botanical Gardens at Hope. The long, straight road is cool and quiet and withdrawn from the hot, vulgar sprawl of Kingston where its residents earn their money, and, on the other side of the T-intersection at its top, lie the grounds of King’s House, where the Governor and Commander-in-Chief of Jamaica lives with his family. In Jamaica, no road could have a finer ending.
When James Bond arrives in Jamaica, he is brought to his hotel, and then the next morning to King’s House for a meeting with The Acting Governor, and then with the Colonial Secretary, Pleydell-Smith.
This view of King’s House, captured from a film, was taken in 1962, four years after the publication of Fleming’s novel.
At the end of the novel, Bond returns to King’s House for a mission wrap-up meeting, and is eager to leave the residence and get back to the coast.
Queen’s Club, Kingston Jamaica
The opening chapter of Dr. No has a disturbing scene taking place at an exclusive establishment in Kingston Jamaica, not far from King’s House.
On the eastern corner of the top intersection stands No 1 Richmond Road, a substantial two-storey house with broad white-painted verandas running round both floors. From the road a gravel path leads up to the pillared entrance through wide lawns marked out with tennis courts on which this evening, as on all evenings, the sprinklers are at work. This mansion is the social Mecca of Kingston. It is Queen’s Club, which, for fifty years, has boasted the power and frequency of its black-balls.
Such stubborn retreats will not long survive in modern Jamaica. One day Queen’s Club will have its windows smashed and perhaps be burned to the ground, but for the time being it is a useful place to find in a sub-tropical island—well run, well staffed and with the finest cuisine and cellar in the Caribbean.
Scene from a movie filmed four years after Fleming’s novel.
Inside the club, four prominent men are playing their nightly game of high bridge. One of the men, Commander John Strangways leaves the club at 6:15, as is his routine, to run back to his office for a daily call, after which he normally returns to the club.
This time however, he will will not return.
Just before six-fifteen, the silence of Richmond Road was softly broken. Three blind beggars came round the corner of the intersection and moved slowly down the pavement towards the four cars. They were Chigroes—Chinese Negroes—bulky men, but bowed as they shuffled along, tapping at the kerb with their white sticks. They walked in file. The first man, who wore blue glasses and could presumably see better than the others, walked in front holding a tin cup against the crook of the stick in his left hand. The right hand of the second man rested on his shoulder and the right hand of the third on the shoulder of the second.
From the same film as above.
Strangways is shockingly killed, and the events are set in motion which eventually brings James Bond to the island of Jamaica.
The Colonial Secretary, Pleydell-Smith later takes Bond to lunch at Queen’s Club, where he gives Bond some more background on the case and on the people of Jamaica.
Fleming’s Queen’s Club is based on the real life Liguanea Club. which opened in 1910, and is still in business to this day.
As it appears today.
Interestingly, in The Man With The Golden Gun, Fleming has Mary Goodnight telling Bond about her house in Kingston, and she says:
‘And James, it’s not far from the Liguanea Club and you can go there and play bridge and golf when you get better. There’ll be plenty of people for you to talk to.
Whether Fleming’s change was accidental or due to the change in government (Jamaica became Independent) he removed the Queen’s Club name, I’m not sure, but it is interesting.
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How are we funded
Increasing Vegetable Consumption
Rethinking Children’s Food
Plating up Progress
Transforming Public Policy
UK Food Tracker
Interns/Volunteers
What can the Third Sector Tell us about Food Insecurity in the UK?
The Food Foundation was recently approached by Neighbourly – a social media platform which connects community groups with businesses in their area – about their back-of-store food redistribution project.
Neighbourly wanted to explore how their network of community groups best feed into the unfolding conversation about food insecurity in the UK.
Food insecurity can be defined as ‘limited or uncertain availability of nutritionally adequate and safe foods or limited or uncertain ability to acquire acceptable foods in socially acceptable ways’.
The Food Foundation agreed to feed into the design a survey, which Neighbourly disseminated to the 800+ community groups and individuals within their network. While the groups which utilise Neighbourly’s platform are not statistically representative of all community groups engaged in food-related activities in the UK, the 212 responses[1] provide a snapshot of the work of third sector organisations operating on the sharp end of food insecurity in the UK.
Figure 1: Geographic spread of responding organisations
What can the voluntary sector tell us about food insecuirty
As detailed in Figure 2, respondents use redistributed food in different ways, including: food banks providing emergency food aid; housing associations running cooki
ng and budgeting groups with tenants; charities running pay-as-you-feel cafes; and faith groups hosting neighbourhood events.
For the remainder of this article, we focus on the 176 respondents who run scheme(s) providing free and/or subsidised meals to vulnerable groups who might not otherwise be able to afford it: i.e. ‘Emergency food provision’ and/or ‘hot meal provision’ and/or ‘community cafes’ (aggregated as ‘meal provision’).[2]
Figure 2: Organisation’s primary uses of redistributed food
Neighbourly asked meal providers whether they could identify key factors which caused a spike in demand for their services. 70% noted benefit delays as being a key causal factor, while 69% cited unexpected short term financial crises. This supports the observations of others, including the Archbishop of Canterbury, who has noted the impact of social welfare reform on hunger rates in the UK. 49% of respondents likewise observe that cold weather events – during which gas and electricity costs (both inelastic aspects of household expenditure) rise – generate a greater demand for food provision.
Holidays likewise place additional strains on household food budgets: both directly (e.g. within household where children receive free school meals during term times); and indirectly (e.g. through increased childcare costs). 52% of those groups involved in meal provision reported an increase in demand over these periods, as detailed in Figure 3.
Figure 3: Key factors that result in an increase in demand
These new data support the findings of others regarding ‘holiday hunger’ in the UK: qualitative and quantitative studies have identified holiday periods as putting additional stress on low income households. Children living in these circumstances not only suffer nutritionally: social isolation, learning loss and family tension are also potential outcomes, limiting the life chances of society’s most vulnerable. It is hardly surprising then that increased numbers turn to the third sector during these periods.
However Neighbourly’s survey demonstrates that many third sector organisations are required to scale back their operations during those period of the year where there is greatest demand: likely due to limits in human and financial resources. 24% of respondents states that they routinely scale back provision during at least one regular school holiday. When asked directly whether there were periods of the year where demand for their organisation’s activities/services regularly exceeded their capacity to deliver, 42% cited one or more school holiday periods as a problematic period, indicating that even organisation that meet or exceed their average activities during holiday periods struggle outside of term time.
Figure 4: Periods in the year where organisations regularly scale back redistribution work
This underlines that the fact that, while the third sector is currently playing a crucial role in alleviating food insecurity, a reliance on the third sector – whether supported by corporate food distribution or not – cannot be normalised and incorporated into our societal safety net: government leadership is needed, with well-resourced statutory duty bearers working with community partners to develop, test and monitor the effectiveness of new approaches to holiday food provision. We have previously described the need for an action research project focussed initially on the country’s 20 most deprived local authorities, with the project scaling up annually to protect all in need within 10 years.
Here lies a crucial issue. Many who are food insecure make use of food banks and other forms of food redistribution. However, many more do not. The latest data from the UN’s Food and Agriculture Organisation (FAO) suggests an estimated 8.4 million people, the equivalent of entire population of London, reported having insufficient food in the UK in 2014. This is 17 times the number using Trussell Trust food banks (the largest network of food aid providers in the country). If the third sector cannot meet current demand for food redistribution, it certainly cannot be expected to take a lead in supporting all food insecure households, including those that have not elected to incorporate food redistribution into their repertoire of survival strategies.
Instead, a cross-departmental strategy from government is required. Firstly, the implementation of nutrition-focussed policies – such as the Healthy Start programme which supports young and low-income pregnant women and young families with food vouchers – should be reviewed to increase uptake: currently, only 75% of eligible individual benefit from this scheme, limiting its effectiveness. More holistically, government needs to ensure its whole legislative programme is nutrition-sensitive: that is to say, the impact of all policies on nutritional outcomes should be considered.
The United Nations agrees with this point, observing in June 2016 a “lack of adequate measures adopted by the State… to address the increasing levels of food insecurity, malnutrition, including obesity, and the lack of adequate measures to reduce the reliance on food banks”. The UN makes clear that the state is failing to adequately address the structural determinates of hunger: noting, for example, the negative impact of social welfare reform and recommending “that all social benefits [should] provide a level of benefits sufficient to ensure an adequate standard of living, including access to health care, adequate housing and food”.
To build this nutrition sensitivity into all policies, routinely collected data on the scale and nature of food insecurity is needed: government does not currently measure food insecurity in the UK, and is therefore unable to assess the impact of its policies and interventions. While the FAO’s recently compiled data is robust, its small sample size does not allow policy makers to hone in on the experiences of distinct groups, in order to allow for more effective planning and an evidence-based approach to resource allocation.
Of course government cannot eliminate hunger in the UK alone. By engaging with Neighbourly and similar organisations to redistribute food that would otherwise go to waste, retailers in the business sector have shown a strong willingness to alleviate food insecurity in the UK. With data from Canada showing that the majority of food insecure individuals live within working households, an additional role for businesses can be identified: the provision of secure and adequately paid labour. This is a particularly pressing issue in retail and other sectors where low wages and insecure contracts are disproportionately concentrated.
Again, routinely collected data on the scale of food insecurity could provide evidence of the impact of such changes in business practices. The scale of food insecurity in the UK could be measured nationwide by an internationally-validated survey tool for as little as £50,000/year. However, in addition to this quantitative data the qualitative experiences of those affected by food insecurity must also be drawn into policy discussions: in order to ensure that the voices of the most vulnerable are considered in the design of public policy. The Fabian Commission on Food and Poverty and Feeding Britain parliamentary inquiry have done this with great success in recent years. By working with charities in their network to give a platform to the ‘end point users’ of redistributed food, Neighbourly and other similar organisations can make sure that those surviving food insecurity are listened to in the years ahead.
The Food Foundation is financially and editorially independent of Neighbourly.
[1] Once duplicate responses were removed
[2] Few respondents use the food they received for only one purpose.
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Food Foundation, Registered Charity Number 1187611. © 2016 - 2021
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Vol. 14 No. 1 (2019): Special Issue: Celebrating 15 Years of Wisdom /
The Occasional Evil of Angels: Learning From the Experiences of Aboriginal Peoples and Social Work
This paper explores how the propensity of social workers to make a direct and unmitigated connection between good intentions, rational thought, and good outcomes form a white noise barrier that substantially interferes with our ability to see negative outcomes resulting directly or indirectly from our works. The paper begins with outlining the harm experienced by Aboriginal children before moving to explore how two fundamental philosophies that pervade social service practice impact Aboriginal children: 1) an assumption of pious motivation and effect and 2) a desire to improve others. Finally, the paper explores why binding reconciliation and child welfare is a necessary first step toward developing social work services that better support Aboriginal children and families.
Blackstock, C. (2019). The Occasional Evil of Angels: Learning From the Experiences of Aboriginal Peoples and Social Work. First Peoples Child & Family Review, 14(1), 137-152. Retrieved from https://fpcfr.com/index.php/FPCFR/article/view/377
Vol. 14 No. 1 (2019): Special Issue: Celebrating 15 Years of Wisdom
Terry Cross, Cindy Blackstock, To Reach Out in Friendship? , First Peoples Child & Family Review: Vol. 2 No. 1 (2005)
Cindy Blackstock, Foreword , First Peoples Child & Family Review: Vol. 1 No. 1 (2004)
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Albion, ancient sites, Archaeology, Books, Don and Wen, Photography, symbolism, travel
Going West: Carreg Coetan Arthur
September 18, 2020 August 29, 2020 Sue Vincent
This was the third dolmen we had visited in three days whose name tied it to the legendary King Arthur… and three times three is a magical number. It is certainly a magical site and quite unexpected as you walk between the gaily painted bungalows of the little coastal town of Newport. A gate opens into a green oasis, bounded and shadowed by high hedges, cool in the midday sun, where you come face to face with the oddest little dolmen. My first thought was just as odd… that it reminded me of Ani, the way she sits with the front paws together, demure and expectant, yet somehow regal and ready to pounce in joyous abandon… there was that kind of ‘feel’ to the place. Very much alive.
Like most of these sites that were once houses of the dead, the overriding impression is not one of melancholy, but of warmth and gladness. You can understand it on a bright, summer’s day, but I don’t know why it should be so in the depths of winter or in pouring rain… yet so it is. There is no sense of the macabre in walking where the bones of our ancestors once lay, no sadness or ghoulish tremor; just a sense of gentle peace and reverence, which says more about our ancestors’ attitude to death, perhaps, than anything we might deduce from the formal study of the past. It is as if they already knew that Life cannot die… only the forms that hold it for a short while can fade and pass, returning their elements to the earth to fuel the cycle of becoming.
We don’t really know how old these sites are. The scientific process of dating them takes into account both the style and method of construction, comparing them to other dated sites, along with any artefacts that are found during excavation. Anything that can be used for radiocarbon dating, or one of the other modern methods, is a bonus. Even so, such methods can only tell when the artefact dates from, not the site itself, unless its position allows archaeologists to deduce that the find must have been in place before a site was built over it. There have been finds of bone, Grooved and Beaker ware on a platform beside the cromlech and there are other, smaller boulders half buried, part of an unknown construction. Carreg Coetan Arthur has been dated to around four thousand and seven hundred years old. The nature of the finds suggest that bodies were never buried here, but that only defleshed bones were brought to the site.
We call them tombs, yet I have to wonder if our modern definition really fits the use for which they were designed. That bones were laid in such places, there is no doubt… many have been found, mainly longbones and skulls, neatly arranged by type rather than by person. The bones of many individuals, over decades and centuries, laid in places that seem also to have been used for the rituals that sustain life. To the modern mind, life and death are to be kept separate and our tombs are a place to bury the past, not include it in our celebrations. I prefer the older view, that recognises what has gone before as a necessary part of what is.
The first impression of the cromlech is that it is small compared to many others, but that is due rather to the design than the stones themselves. The capstone, deep and bulky, is over thirteen feet long and even now I could walk underneath it. The internal space was once much higher. Centuries of local ploughing raised the ground level considerably and the uprights would have once stood around three feet higher than they do today, creating a tall and elegant form. Even so, to see the great capstone poised upon the uprights is impressive enough. Especially when, on closer inspection, you realise that it is not balanced upon the four uprights at all… but is held, incredibly, upon the points of only two.
The two supporting orthostats sit beautifully into deliberately hollowed niches in the capstone. Can you imagine the mastery required to enable such a weight of stone to be so perfectly balanced? The surrounding countryside is now largely obscured by modern buildings, but the contours of the capstone are said to shadow the contours of nearby Mynydd Carningli, which we were set to climb that afternoon. Not only that, but the site marks the point from which some interesting and precise solar and lunar alignments have been noted, for both midwinter and midsummer. Such precision cannot be accidental and suggests a sophistication in the observation and reproduction of cosmic cycles that we recognise in the superlative artistry of Egypt yet often overlook in the earthier but powerful presence of stone in our own landscape.
For the second time we gathered beneath the capstone to share the words of the Gorsedd Prayer, honouring what has gone before, what is and what is yet to come. The human story is but a drop in the ocean of universal time, but it is our story, from beginning to end and the further back we reach through our history, the more we see the commonalities, rather than the differences and barriers we have created between ourselves. Perhaps by looking into the past, we may learn how to face our future.
Tagged alignments, Carningli, cromlech, newport, pembrokeshire, Wales
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9 thoughts on “Going West: Carreg Coetan Arthur”
There is something about historical and ancient sites, as you say there is always a bit of electricity there, a vibe, in a sense that the history is right there with us, alive. Sounds like a magical place…maybe someday for a visit.
This is certainly one I would recommend… it is a strange little place, compared to its bigger neighbours, but it has a feel all its own.
hard to imagine how those stones stay balanced…
Especially after five thousand years…
I guess who ever built it knew what they were doing…
The technology and understanding of their materieals is superb.
We saw something nearly identical to this in Ireland, dating to around the same time. I spent the whole time exploring the huge acreage with spectacular views of Croagh Patrick and imagining what life there would have been like so many thousands of years ago!
That is somewhere I would really like to visit 🙂
Pingback: Going West: Carreg Coetan Arthur… | Stuart France
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FUNKYPANCAKE
an eye for the mundane
Dave Simpson Photography
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nice building
Wednesday 10 Dec 03
here is a building people like to complain about. i think it’s quite good. click the photo to see the whole thing. there’s safety in monotony.
click for big version
Tags:london
2 thoughts on “nice building”
Alex Sideburns Thursday 11 Dec 03 at 14:19
A finely but subtly articulated facade I’d say. Who complains? Do you have two sets of eyes,or a bizare optical device that allows you to carefully monitor the discarded items of apperiel that litter the streets whilst stareing upwards at the fine elevations of the cityscape?
funkypancake Thursday 11 Dec 03 at 14:32
a good question – i simply adjust my eyes so one looks up, one looks down and other watches which way i’m going.
here is more info on center point
http://www.urban75.org/london/centrepoint.html
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