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Alaskans Against the Death Penalty
Dedicated to keeping Alaska free from Capital Punishment.
AADP Events Calendar
Check back for Event Updates!
If you have additional questions about any of the events listed on this page please feel free to contact us.
Virginia Legislators Poised to Attempt Death Penalty Repeal as Governor Sponsors Abolition Bill
Legislators in the Virginia House and Senate are poised to attempt a repeal of its capital punishment statute, as Governor Ralph Northam (pictured) announced that he would sponsor a bill to end the commonwealth’s death penalty.
Northam issued a call to abolish the death penalty during his January 13, 2021 State of the Commonwealth address marking the opening of the 2021 legislative session. “It’s time to change the law and end the death penalty in Virginia,” Northam said. “We’re taking these actions because we value people and we believe in treating them equitably.”
His action marked the first time in Virginia history that a sitting governor had sponsored death-penalty repeal legislation.
Legislators introduced three repeal bills in the House of Delegates and the Virginia Senate on the legislative session’s first day. Two — SB 1165, introduced by Sen. Scott Surovell (D – Fairfax) with Republican co-patron, Bill Stanley (R – Franklin) and HB 2263, introduced by Del. Michael Mullin (D – Newport News) — are sponsored by the Governor. Del. Lee Carter (D – Manassas) has also introduced an abolition bill, HB 1779. Legislative leaders plan to conduct hearings on the repeal bills in the next several weeks.
The repeal bills appeared to gain momentum in the days leading up to the start of the legislative session as state Attorney General Mark Herring and twelve county prosecutors joined a coalition of African American faith leaders in calling for abolition.
Echoing Northam’s message, Herring said “it is time for Virginia to end the death penalty.” “I will support Governor Northam’s efforts to make it happen this year,” he said. “Its abolition must be part of our work to reform a flawed and imperfect criminal justice system.”
Federal Government Executes Corey Johnson, Who was Likely Intellectually Disabled, Without Any Judicial Review of His Eligibility for the Death Penalty
For the second time in less than five weeks, the federal government has executed a death-row prisoner who likely was intellectually disabled, without affording him judicial review to determine his eligibility for the death penalty. Corey Johnson (pictured) was pronounced dead from lethal injection at 11:34 p.m. on January 14, 2021, the 12th federal prisoner executed in six months and the fifth in the transition period between Donald Trump's defeat in the November 2020 presidential election and the scheduled inauguration of Joseph R. Biden on January 20, 2021.
The only other time in U.S. history that as many as five transition-period executions took place was in 1884-1885 during the transition between Chester A. Arthur and the first presidency of Grover Cleveland.
In an order issued at 10:00 p.m., four hours after Johnson was scheduled to be executed, the U.S. Supreme Court denied Johnson’s emergency application for a stay of execution to permit him to present evidence that the constitution prohibited his execution because he has intellectual disability. Justices Kagan and Sotomayor dissented. The U.S. Supreme Court ruled in Atkins v. Virginia in 2002 that the execution of people with intellectual disability violates the Eighth Amendment proscription against cruel and unusual punishments. Johnson also argued that his execution would violate a 1988 federal statute that forbids applying the federal death penalty to prisoners with intellectual disability.
Earlier in the evening, in an 8-7 vote, the judges of the U.S. Court of Appeals for the Fourth Circuit declined to reconsider a three-judge panel’s ruling refusing to grant Johnson an evidentiary hearing on his claim. In dissent, Judge James A. Wynn wrote, supplying emphasis, that “Corey Johnson is an intellectually disabled death row inmate who is scheduled to be executed later today.” Newly available evidence, he wrote “convincingly demonstrates … that he is intellectually disabled under current diagnostic standards. But no court has ever considered such evidence. If Johnson’s death sentence is carried out today, the United States will execute an intellectually disabled person, which is unconstitutional.”
On December 11, 2020, the federal government executed Alfred Bourgeois despite evidence that he may have been ineligible for the death penalty because of intellectual disability. During his earlier appeals, a federal court in Texas denied Bourgeois’ claim of intellectual disability, relying on a series of lay stereotypes that had no clinical validity and whose use the Supreme Court later declared unconstitutional. When he sought to obtain judicial review of his condition based upon current clinical definitions of the disorder, another federal district court found that he had made a “strong showing” of intellectual disability and granted him permission to litigate that claim. A federal appeals court reversed, saying Bourgeois had already been provided an opportunity to litigate his claim, and the U.S. Supreme Court allowed the execution to go forward.
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History of Our Court
History of the Illinois Courts
Illinois Constitution of 1870
The Constitution of 1870 spelled out the new judicial system in Article VI. The Supreme Court was comprised of 7 judges whose terms of office were 9 years. Four judges constituted a quorum and the concurrence of 4 was necessary for decision. It had the same jurisdiction as it had under previous constitutions and was to hold annual terms as established by the 1848 Constitution. The state was divided into 7 districts for election of the Supreme Court judges. These districts could be changed by law to maintain equality in population, but must be composed of contiguous counties.
In 1879, legislation was enacted requiring that terms of the Supreme Court were to be held only in Springfield. The Court was given authority to make rules regulating practice for the judiciary in Illinois. It also provided that the Supreme Court submit reports to the Governor on the deficiencies and problems of the laws in Illinois and suggest bills to the General Assembly designed to solve these problems. Combined with Article VI, Section 11, which provided for the establishment of an Appellate Court, we can discern the development of the Supreme Court as a body established for initiating, improving and interpreting the laws of Illinois. No longer was the Supreme Court to be a traveling Appellate Court.
The Constitution provided for the establishment of an Appellate Court by the General Assembly after 1874. Four such courts were established in 1877. The first was in Cook County, the second was in the rest of the Northern Division, the third was in the Central Division and the fourth was in the Southern Division. Each court consisted of 3 judges appointed by the Supreme Court from the Circuit Court, or in the case of Cook County, from the Superior Court. They were appointed for 3 years and held 2 court terms annually. 2 judges were a quorum, and the concurrence of 2 was necessary for a decision. The jurisdiction of the court was appellate only.
Judicial Districts
By Act of Legislature of March 28, 1873, judicial districts were organized in accordance with the 1870 Constitution. 26 circuits were formed, exclusive of Cook County, which formed its own circuit. The circuits were to be as equal as possible in population, economy and territory, and consist of contiguous counties. Lake and McHenry Counties, along with Boone and DeKalb Counties, constituted the Second Judicial Circuit. Theodore D. Murphy of McHenry County was elected as the Circuit Judge. Circuit Court judges were elected within their circuit for a 6-year term. At least 2 terms of court were required to be held each year in each county.
An Act of the Legislature of June 2, 1877 again changed the judicial circuits of the state. The existing 26 circuits were reduced to 13. The Second Circuit containing Lake, McHenry, Boone and DeKalb Counties, was united with the 4th Circuit containing Kane, DuPage and Kendall Counties, to form the new 12th Circuit.
Another change in the make-up of the judicial circuits occurred by an Act of April 23, 1897, which associated Lake and McHenry Counties with Winnebago and Boone Counties to form the Seventeenth Circuit.
Population Changes
During these years, cases in Cook County increased at a much greater rate than the population. To deal with the larger caseload, provisions were made to add to the number of judges in both the Superior and Circuit Courts of Cook County. The old Records Court of the City of Chicago was changed into the Criminal Court of Cook County with the jurisdiction of the Circuit Court in criminal and quasi-criminal cases. The terms of the Criminal Court were held by the judges of the Circuit and Superior Courts. The General Assembly increased the number of judges in the Circuit Court of Cook County until eventually, in 1915 that number reached 20.
The constitution, again, provided for County Courts in each county. 1 judge was to be elected to that position for a 4-year term, however, where it was expedient to do so the General Assembly could create a district of 2 or more counties under the jurisdiction of1 judge. This court was to be the county court of record.
Probate Courts
The constitution of 1870 and subsequent legislation in 1877 and 1881 established Probate Courts in counties where the population was over 70,000. Judges of these courts had 4-year terms. In 1903 an act of the General Assembly provided that the probate judges and county judges may hold court for each other and perform each other's duties.
Courts of Records
In 1901, an act was approved concerning courts of records in cities. It was amended in 1901, 1911 and 1913. It permitted from 1 to 5 judges in each City Court. However, the number of judgeships could not exceed one for every 50,000 inhabitants. The court could be established only in cities of at least 3,000 inhabitants. The judges were given 4-year terms. These courts had jurisdiction concurrent with the Circuit Court, except in cases of treason and murder.
Court of Claims
In 1903 an administrative agency called a Court of Claims was established in Illinois to hear all cases of claims of any nature against the state. Three 3 were appointed to the court by the governor.
Justice of Peace Courts
The constitution also provided for the continuation of Police Magistrates and Justices of the Peace.
Dissatisfaction with the Justices of Peace and Police Magistrate system became so serious that a 1904 amendment to the constitution abolished Justices of Peace, Police Magistrates and Constables in the City of Chicago and limited the jurisdiction of all other Justices of the Peace, Magistrates and Constables in Cook County to the area outside the City of Chicago. It also permitted the establishment of a Municipal Court in Chicago.
Legislation in 1905, 1906 and 1907 established the Municipal Court of Chicago with jurisdiction in civil claims for money or property and in non-felony criminal cases. The court was created to meet the special needs of a rapidly growing urban area. Legislation approved in 1899 and amended in 1907 established a Juvenile Court (later called the Family Court) in Cook County. 1 judge of the Circuit Court was to hear all cases involving persons under the age of 21 termed by the act as dependent, neglected or delinquent. This act was the first of its kind in any state.
Organizational Changes
These specialized courts demonstrated the needs of a growing population and the developing independence, importance and responsibility of the courts in Illinois. They were very functional, but the problems caused by the creation of new courts for new needs soon outweighed the advantages.
Many of these specialized courts had overlapping jurisdiction causing organizational and administrative problems. There was no real administrative authority to unify, coordinate and supervise the various courts and judges. A unified court system was needed.
It was during these years of organizational growth and confusion, that in 1957 the Legislature detached Lake and McHenry Counties from the Seventeenth Judicial Circuit and created the Nineteenth, to be comprised of only these2 counties.
Nineteenth Judicial Circuit
courts@lakecountyil.gov
Contacts by Divisions Frequently Called
Juror Info
(court case info, filings, etc.)
Illinois, Pre-U.S. History
Illinois, Early U.S. History
Judicial Article of 1964
Structure of the Illinois Court System
Timeline of Judicial History
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Purdue University Global Hosts Commencement in Nation’s Capital
Nearly 700 attend graduation from 46 states, several foreign nations
WASHINGTON–(BUSINESS WIRE)–Purdue University Global, a public nonprofit online institution of higher education, conferred degrees to nearly 700 graduates during an August 10 ceremony at DAR Constitution Hall in Washington, D.C., recognizing them for their academic achievements and celebrating their success.
Among those speaking at the commencement were Chancellor of Purdue University Global Dr. Betty Vandenbosch and keynote speaker Anthony Williams, former Mayor of the District of Columbia and current CEO of the Federal City Council.
Based in Indianapolis, Purdue University Global expands Purdue University’s land-grant mission by providing access to higher education for millions of working adults, highly personalized to their needs and flexibly scheduled to fit their lives via online courses. Nearly 9,000 Purdue University Global students will earn degrees this year.
During the ceremony, Dr. Vandenbosch conferred degrees to graduates who traveled to attend from 46 states, as well as several foreign countries, including Bermuda, Bahamas, Haiti, United Kingdom and Qatar. The ceremony was broadcast on Facebook Live for graduates and family members unable to be there in person.
In her remarks, Dr. Vandenbosch said, “Graduates, your accomplishments are commendable and I have only one piece of advice for you: BE KIND. Be kind to yourself, to your friends and family, and to everyone else you encounter.”
Dr. Vandenbosch noted that Purdue Global students are primarily adult learners and pointed to some of the ways that makes them distinctive. More than 28 percent of the student body is affiliated with the military, including active duty, veterans and their family members. She also said that 52 percent of Purdue Global students are the first in their family to pursue a higher education degree, and that 63 percent have a child or other dependent.
Graduate and undergraduate degrees were awarded from the schools of Business and Information Technology, Education, Health Sciences, Nursing, and the College of Social and Behavioral Sciences. Additionally, degrees were conferred to graduates of Concord Law School at Purdue University Global, the nation’s first fully online law school.
About Purdue University Global
Purdue University Global is the extreme personalization online university, providing students the competitive edge to advance in their chosen careers. It offers a hyper-tailored path for students to earn an associate’s, bachelor’s, master’s or doctoral degree, based on their work experience, desired pace, military service, previous college credits and other considerations — no matter where they are in their life journey.
Purdue Global serves approximately 29,000 students, most of whom earn their degree online. It also operates several regional locations nationwide. Purdue Global is a nonprofit, public university accredited by The Higher Learning Commission. It is affiliated with Purdue University’s flagship institution, a highly ranked public research university located in West Lafayette, Indiana. Purdue University also operates two regional campuses in Fort Wayne and Northwest, Indiana, as well as serving close to 6,000 science, engineering and technology students at the Indiana University-Purdue University (IUPUI) Indianapolis campus.
For more information, please visit www.PurdueGlobal.edu.
Greg Ten Eyck
gregory.teneyck@purdueglobal.edu
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By Anders Ekdahl March 14, 2013 March 14, 2013 Interviews
This is another new band that I’ve just discovered. So read this interview with CURVATURE o get to know them better and then go and check out the band. Anders Ekdahl ©2013
What made you want to start a band in the first place? What have the rewards been so far?
-Curvature was never about fame or money, it’s always been a way to get together and make a lot of noise with close friends. We spend as much time drinking beer and partying as we do making music sometimes! The hard work is fun as well, we’ve played some amazing venues and we’re really looking forward to going out on tour. The band is its own reward for us, and we try and do everything ourselves from writing the songs to designing the CD covers – if that ever translates into actual money, I’m sure we’d cope with it!
In choosing a band name, what kind of thoughts did you have?
– We knew it had to be right, and we knew from the start that didn’t want was a “typical” female-fronted band name involving seasons and weather and fake Latin – it’s all been done. We went through so many… Alabaster, Kaotica, Obsidian and that kind of Gothic nonsense to really silly ones like Four Pricks and a Pussy. Eventually we decided on a one-word name, sharp and punchy, and somehow gazing at Lisa our singer brought to mind Curvature!
How do you set yourself apart these days when there are so many fighting for the attention of a limited crowd?
-It’s always been hard to stand out, and I think the only way to do it is to ignore everyone else and just try and be creative in our own way, not trying to sound like any other band. Our sound is a lot more synth-y than many other bands in our genre, and we’re not afraid to experiment with different sounds, odd timings, anything that works. Where it really shows is when we get up on stage, we’ve always put on a good show whether it’s to five people or five hundred, and the fact that we’re all good friends helps a lot – we have good stage banter and throw a few laughs in as well, there’s no reason to be all miserable and Gothic all the time. Just most of the time.
Is Britain a good place to be a band in? What kind of atmosphere is there for bands in Britain?
– Britain has a long, long history of supporting live music, but the landscape has changed so much recently. Anyone can put a band together, and because there’s no barrier to entry there are a lot of bands all doing the same thing and making it really hard to stand out from the crowd. The fans go where their friends’ bands go, so you almost have to be popular before you’ve played a gig, and a lot of the work is in networking your way to the top. That said, there are some venues that really go to the effort of putting on music every weekend, supporting the local scene, and if you can find them the vibe is always amazing because you’re playing to true fans. British crowds love to mosh and headbang and although some of them look scary, the scariest ones always come up and buy you a pint after the gig.
How would you like to describe your place in the British rock/metal scene? What kind of bands do you share a connection with?
-We have at least one Grumpy Old Goth in the band who insists that we are the single-handed revival of the Gothic Tradition in the UK, and there are some elements of our sound that started with Souxsie and the Banshees back in the eighties, but we share more in common with the Scandinavian scene that brought us Therion and, yes, Nightwish. We’re a really diverse bunch though: our drummer is into Dimmu Borgir, our bassist likes Machine Head, our guitarist likes Iron Maiden, our keyboardist is a massive fan of The Birthday Massacre and our singer… well, she’ll learn about metal some day. We hope.
What are the perks of just releasing an EP and not an album? Is it easier to let go if the EP doesn’t work out than had you released an album? Is it easier to go back to the drawing board with an EP?
-Number one, it’s a lot cheaper to record four songs over a weekend than it is to get everyone together for two weeks to record a full album! We had a really good idea of what we wanted to do before we started, and while there’s less time involved producing an EP, we’re still taking on the same amount of risk releasing it. The EP also provides a snapshot of where we are right now, and we’d have had to use some of our older songs to pad out a full album. While we love the older songs, we’re constantly evolving, and a lot of that comes from the feedback we get as we move forward. If Be(lie)ve turns out to be popular, we’ll know we’re doing something right and look at what we can do next to top it.
Does art work matter today? Are people that download really that interested in advanced art work/lay out? How do you share the art work/lay out with those downloading?
-The biggest change in the world of instant downloads is that the cover really has to say it all – no one reads the liner notes or the CD face, so the cover is all you’ve got. While it’s never going to be printed on a twelve-inch record, it’s still got to be attractive, and there’s even more reason to try and make the cover stand out when someone is flicking through hundreds of albums on their iPods and mobile phones. We’d love to do a limited edition of one of our albums, where we can go all out and put in photos and leaflets and double inlays and fake fur and secret messages – when someone else is paying for it!
Has the days of the physical format come and gone now?
-We all still buy CDs, and the physical formats are if anything more important. From the band’s point of view, we’d much rather someone came to a gig and went away with a CD in their hand, that will then live on their shelf for years and years, than struggle against millions of bands competing for a small percentage of a 79p download on iTunes that will live in a black plastic box that no one ever sees. Plus, no one has ever asked us to sign their iPod, but signed albums are something special that people still treasure.
What does it mean to hold a physical copy of something you’ve created? Does that make it seem more real?
-When we started, all we wanted was to record a few songs and get people to listen to us. This time round, we’ve put a lot of time and effort into producing the EP and because what we create will be seen around the world, we’re all looking forward to seeing the finished product in all its plastic and aluminium glory. It’s like seeing everything we’ve worked on condensing into the real world. We had a lot of fun in the studio, so it’s going to be great receiving the package of CDs, and then sending them out the door again, because the most important thing for us is always playing live.
What future is there in 2013?
-For Curvature, it’s all about playing to bigger audiences. We all feel that we’ve done our time playing to three people and their dog, and we’re hoping that the EP release will let us reach a broader audience. We’ve got plans to go on tour for a week in Germany, we’ve been booked for Scarfest in the UK in August, and in between there are always new songs to be written and new ideas to try. Our association with Ravenheart Records is bearing a lot of fruit, and we’re always on the lookout for new places to go. It would be great to play Wacken or Download – we’ll just have to see what happens! What we can say for certain is that Curvature plans to be making a huge racket somewhere near you, very soon, and having a great time doing what we love.
« SEPTEMBER CODE
CLOCK PARADOX »
Voodoo Circle – “Locked & Loaded”
Dragony – “Viribus Unitis”
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Dialogue Platform
Fethullah Gülen
The Hizmet Movement
Fethullah Gulen is an Islamic scholar, preacher and social advocate, whose decades-long commitment to education, altruistic community service, and interfaith harmony has inspired millions in Turkey and around the world.
Described as one of the world’s most important Muslim figures, Gulen has reinterpreted aspects of Islamic tradition to meet the needs of contemporary Muslims. He has dedicated his life to interfaith and intercultural dialogue, community service and providing access to quality education. He was the first influential Muslim public figure to publicly condemn the 9/11 attacks and express sympathy for the victims.
Born into a humble family in Erzurum, Turkey in 1941, Gulen studied natural science, Eastern and Western philosophy, as well as Islamic tradition in his early years. He moved to Edirne in the late 1950s and to Izmir, Turkey’s third largest province, in 1960s, where he started to crystallize his views. His activism and discourse attracted the attention of learned citizens, including the academic community and college students, as well as common people. From mosques to conference halls, Gulen discussed issues ranging from religion, peace, education and science, to the economy and other pressing social issues of the time, especially social justice.
In the following two decades, Gulen’s efforts in mobilizing fellow citizens around the cause of providing access to quality education, which had long been available to the wealthier students from urban centers, made him one of the best-known and respected figures in Turkey. By inspiring the establishment of scholarships, free tutoring centers, college prep courses, schools and student hostels, Gulen gave disenfranchised rural students access to education, thereby helping transform the social landscape of Turkey.
In the last two decades, Hizmet participants have expanded education opportunities around the world — from Central Asia to South Africa, from Australia to the Balkans— building schools, dormitories and tutoring centers, teaching college preparatory courses, mentoring students, and providing financial aid to those in need.
The private, non-denominational schools founded by Hizmet participants focus on science, math, literature and multicultural understanding, and many of their students have won major international math and science competitions. In conflict-ridden regions of the Philippines, Macedonia, Afghanistan, Iraq, and Bosnia hundreds of Hizmet schools have become bastions of inter-religious and interethnic harmony.
Gulen has also advocated for the education of women and advocated for their empowerment, a progressive view that stands in contrast to the views of more literalist Islamic leaders.
Hospitals built by Hizmet’s supporters have provided affordable access to quality health care while volunteer doctors brought free medical care to areas in desperate need. A major relief organization within the Hizmet initiative has mobilized thousands of volunteers and hundreds of millions of dollars in bringing aid to disaster victims in Southeast Asia, South America and Africa.
Gulen rejuvenated the Turkish tradition of interfaith dialogue and strongly advocates pro-democracy, equal opportunity, pro-science, non-violent stances. One of the core tenets of his teachings is the celebration of religious, cultural, social and political diversity. Gulen considers this diversity divine will; according to him, “you must have a seat for every person in your heart.”
Gulen’s lifelong work on interfaith cooperation has earned him recognition from Christian and Jewish leaders in his homeland Turkey and a personal audience with the late Pope John Paul II. He is also the recipient of New York-based East West Institute’s 2011 peace award. His efforts have also been praised by other global leaders who recognize his vital role in fostering mutual understanding and peace as well as his leadership in humanitarian initiatives. In 2008, Gulen was ranked #1 in Foreign Policy and Prospect magazines’ joint poll of the “Top 100 Public Intellectuals.”
Gulen currently lives in relative solitude at a retreat facility in Pennsylvania, where he dedicates his time to reading, writing and personal worship, and to promoting shared values, dialogue and peace.
For detailed information about Gulen’s biography, please refer to the information booklet.
Interview with Henri Goldman on Holocaust Remembrance Day 2020
The Uyghur Question: From the origins of the crisis to the consequences for the diaspora with Professor Vanessa Frangville
Book Launch: “En attendant le paradis: anatomie des radicalisations” with Amélie M. Chelly
Origin, Development and Discourse of Gulen Movement” with Prof. Dr Anwar Alam
Condemnation and Condolences regarding the Christchurch Mosque Shooting
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Ear Full of Gold
Oh music, right, I like that.
ALBUM CONVERSATIONS
Blazo | Reflections
So Blazo is a new producer to come into my life recently. His debut album “Alone Journey” was released in August of 2009. It is a beautiful record. “Reflections” is a continuation of “Alone Journey”. It was released in January of this year (2012, for those who are displaced in time…). He references Nujabes often in his descriptions and I would file it under hip hop and nu-jazz. I love how this album has a Japanese feel to it, some of the melodies are samples of traditional Japanese music, a tip of his hat to Nujabes of course. There are a few MC’s on the album, although it’s mostly instrumental. He is from Cracow, Poland. Which is where he lives now. There are four albums to download at his band camp page, you can also find more music as his myspace page.
Lana Del Rey Lust for Life
MIA official video for "Bring the Noize"
Preview Austra's "Olympia" on NPR
Thom Yorke's new project: Atoms for Peace
Flying Lotus-- 'Until the Quiet Comes'
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Dr. Miller's RMM Blog
Updated routinely by Dr. Michael J. Miller, our RMM blog will keep you informed of new and noteworthy technologies, reviews of recent publications and presentations, upcoming conferences and training events, and what's changing in the RMM world. You can also follow our blog on Twitter, Facebook, and LinkedIn.
Please click here to view all Blog posts.
By RapidMicro
In: NIH, TB, tuberculosis, WHO
Rapid Test Allows for Earlier Diagnosis of Tuberculosis in Children
A new test for diagnosing tuberculosis (TB) in children detects roughly two-thirds of cases identified by the current culture test, but in a fraction of the time, according to the results of a study in South Africa supported by the National Institutes of Health.
The test, known as Xpert MTB/RIF, also detected five times the number of cases identified by examining specimens under the microscope, a preliminary method for diagnosis that is often performed as an initial test, but which must be verified by the culture test.
Xpert MTB/RIF results from respiratory secretions were ready in 24 hours, on average, compared with an average of more than two weeks for the culture test used in the study, the researchers found. Previous studies have shown that Xpert MTB/RIF is effective for diagnosing TB in adults and in children with pronounced symptoms of TB who have been admitted to a hospital. Diagnosing TB in children is more difficult than diagnosing it in adults, because children tend to have much lower levels of the TB bacteria than do adults.
The results of the current study indicated that the ease and speed of diagnosis would be useful for children seen in clinics in resource-limited countries, which often lack the resources for traditional testing that are available in hospitals. The test also was able to identify children with drug resistant TB. In addition, the researchers found that Xpert can readily determine when treatment for tuberculosis is not appropriate. Among children who did not in fact have TB, the results of the Xpert test came back negative for TB with 99 percent accuracy.
Xpert MTB/RIF was developed with funding from the NIH’s National Institute of Allergy and Infectious Diseases NIH’s National Institute of Allergy and Infectious Diseases. Testing of Xpert MTB/RIF in children was funded by NICHD.
Preliminary diagnosis of TB is often made by collecting a sample of lung secretions and examining the sample under a microscope to see if it contains the bacteria that cause TB. A sample is also sent to a laboratory so the bacteria can be cultured and identified. It may take as long as six weeks for the culture test to show a positive result. Because, children have lower levels of infectious bacteria than do adults, it is more difficult to detectthe bacteria under a microscope and to grow it in a culture. For this reason, accurately diagnosing TB in children has been difficult.
“The availability of this test in primary care settings can help children get appropriate treatment faster,” said Lynne M. Mofenson, M.D., of the Maternal and Pediatric Infectious Disease Branch of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), the NIH institute that funded the study. “Looking at a specimen under the microscope, often used for initial diagnosis of TB in adults, is very inaccurate in children.”
The Xpert MTB/RIF test also detects TB strains that are resistant to the drug rifampicin, allowing physicians to more accurately prescribe an appropriate treatment, said Carol Worrell, M.D., also of the NICHD’s MPIDB. This is particularly important in areas where drug-resistant TB is common, such as South Africa.
The World Health Organization estimated that in 2011 there were 500,000 TB cases and 64,000 deaths among those younger than 15 years.
The study was led by first author Heather J. Zar, M.D., Ph.D., of the University of Cape Town and Red Cross War Memorial Children’s Hospital, also in Cape Town, South Africa; and Mark P. Nicol, Ph.D, also of the University of Cape Town and the South African National Health Laboratory Service at Groote Schuur Hospital, Cape Town.
The findings appear in The Lancet Global Health.
“There has been a perception amongst health care workers that rapid diagnosis of TB in children wouldn’t be possible in primary care, but this study disproves that view, Dr. Zar said. “Given our results, widespread adoption of rapid testing for TB and drug resistance in children may substantially improve public health without greatly increasing costs.”
Dr. Zar and her colleagues collected almost 1500 samples from nearly 400 children who went to a primary care clinic with symptoms of TB. Collecting the samples — secretions from the lungs, the nasal passages or both — requires special equipment and trained clinical staff. The researchers compared the results from the Xpert MTB/RIF test, examination of samples under a microscope, and from growing the tuberculosis bacteria in laboratory cultures. Bacterial culture is the most accurate method for diagnosing TB.
Of the 30 TB cases detected by culture, 19 (63 percent) were positive by the Xpert MTB/RIF test on lung or nasal samples, while examining the samples under the microscope turned up only four cases (13 percent). Adding a second test (of a second lung or nasal passage sample) improved the detection rate for both culture and Xpert MTB/RIF.
In some cases, researchers started TB treatment for children they suspected had TB based on their symptoms. Xpert MTB/RIF identified seven children who had clinical symptoms of tuberculosis and responded well to treatment for tuberculosis, but whose tuberculosis had not been detected by the tuberculosis culture test. This might occur when a child is sick with TB, but the bacteria are at especially low levels, or because a sample did not contain enough of the bacteria present in the child’s body to appear when cultured, Dr. Mofenson explained. The total number of cases detected by culture (30 cases) and by XpertMTB/RIF (26 cases) was similar.
“Because of the global burden of this disease among children, it’s vital to make rapid, accurate diagnostic tests available in primary care settings in order to identify the disease and start treatment before children end up in the hospital,” said Dr. Worrell. “NICHD recognizes the value of supporting research to improve the accuracy of TB diagnosis in children, reduce the number of samples required, and make diagnostic tools widely accessible.”
About the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD): The NICHD sponsors research on development, before and after birth; maternal, child, and family health; reproductive biology and population issues; and medical rehabilitation. For more information, visit the Institute’s website at http://www.nichd.nih.gov.
Source: HealthCanal
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Encyclopedia > Tate Modern
Tate Modern is Britain's new national museum of modern art in London and, along with the Tate Britain, Tate Liverpool and Tate St. Ives[?] a part of the Tate Gallery.
It is housed in the former Bankside Power Station[?], which was originally designed by Sir Giles Gilbert Scott, the architect responsible for Battersea Power Station, and built in two stages between 1947 and 1963. The power station closed in 1981. The building was converted by architects Herzog & de Meuron. Since its opening on May 12, 2000 it has become a very popular destination for Londoners and tourists.
The official web site of Tate Modern (http://www.tate.org.uk/modern/default.htm)
Gallery plan (http://www.tate.org.uk/modern/galleryplan.htm)
... a complete assessment is impossible on publically available information. Whilst the Typhoon lacks the all-aspect stealth technology of the F/A-22, the design does ...
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Mourinho has no sympathy for Fulham over fixture switch
Spurs had been due to play Aston Villa on Wednesday, but a coronavirus outbreak at the Midlands club forced a postponement on Monday.
AFP , Tuesday 12 Jan 2021
Tottenham's manager Jose Mourinho answers questions during an interview after his team's 5-0 win in the English FA Cup third round soccer match between Marine and Tottenham Hotspur at Rossett Park stadium in Crosby, Liverpool, Sunday, Jan. 10, 2021. AP
Tottenham boss Jose Mourinho says Fulham have little reason to complain about being told to play a Premier League game at short notice as his opposite number Scott Parker called the scheduling "scandalous".
The Premier League acted quickly to put Spurs' match with the Cottagers into the vacant slot after the original fixture was postponed with three hours' notice on December 30 due to a Covid-19 outbreak in Parker's squad.
The Fulham boss criticised the decision, with their game against Chelsea scheduled for Friday also put back 24 hours.
But Mourinho, who had feared a crippling fixture pile-up for Tottenham, offered little sympathy given the short notice of the original game's postponement.
Asked whether Fulham had a right to be upset, Mourinho said on Tuesday: "Are you serious? They had 48 hours to prepare for this game. You think so? I had the news I was not going to play them two hours before the game started."
"The biggest impact is to have matches postponed," he added. "That is the biggest impact.
"The changing of the order of the matches, the impact is minimal because in the end you have to play 19 matches at home and away, you have to play two matches against every team.
"So if it's to help the Premier League to go and to end properly, I think it is a solution we all have to accept as a positive solution."
Parker, who played under Mourinho when the Portuguese was in charge at Chelsea, was furious with the decision.
"I am normally the last one to moan or whine," he said. "To confirm a Premier League game at 09:30 on Monday morning is scandalous."
Parker, whose side are third from bottom of the table, said league chiefs had no idea what it took to prepare for a particular opponent.
"It's not about the fixture," he said. "I accept we have to play but it's the notice. The people making these decisions don't understand."
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You are at:Home»Featured»The Beatification of John Paul II: The Vatican Prepares
The Beatification of John Paul II: The Vatican Prepares
By Dr. Robert Moynihan on April 29, 2011 Featured, On Media
The greatest fear now is… the weather.
Because the weather reports on Friday afternoon in Rome say that there will be light rain Saturday night, and light rain showers on Sunday morning.
And if there is rain, everything about this historic beatification, which is shutting down all auto traffic in the entire area around St. Peter’s Square starting on Saturday at one o’clock in the afternoon, will grow more complicated.
But hundreds of thousands of pilgrims who revered and loved Pope John Paul II and wish to be present at the moment of his beatification on Sunday morning are still expected to congregate in front of Piazza San Pietro throughout Saturday night, waiting patiently — even in the rain — until the entrances to the piazza open at 5:30 in the morning.
The Mass will begin at 10 am. Pope Benendict XVI is expected to arrive at 9:55 am.
At a final Vatican Press Conference regarding the beatification this morning, Father Federico Lombardi, S.J., told journalists that there are no official previsions for how many people will be present when the Mass begins.
Current published estimates say Roman authorities expect some 300,000 people, but whispered rumors are circulating that the number may be 500,000, or even 1 million.
If such numbers do choose to attend the beatification, in spite of possible rain, it will be a dramatic testimony to the power of the message and spiritual vision of Pope John Paul II, six years after his death on April 2, 2005.
The Vatican has accredited 2,300 journalists to cover this event: 1,300 from television stations, 700 from magazines and newspapers, 230 photographers, and 250 from radio stations. The total number of nations represented by these journalists: 101. This is the clearest, simplest indication that the beatification is a global event of global interest.
Journalists themselves are concerned that they will not be able to reach St. Peter’s Square. We are being told to come to the Press Office or a special section in the Square reserved for journalists between 4 and 5:30 am. After 5:30 am, officials say, we may not be able to make our way through the crowds which will circle St. Peter’s Square.
The past 10 days included memorable experiences on a pilgrimage with a small group, as I mentioned in my last email. We traveled from Assisi, home of St. Francis, to Norcia, where Father Cassian Folsom, O.S.B., is rebuilding an abandoned Benedictine monastery at the birthplace of St. Benedict, to Cascia, the home of St. Rita, patroness of impossible causes, to Rome, where we were able to attend to be near Pope Benedict as he celebrated the solemn Easter Vigil and joyful Easter Sunday Masses.
The beatification of Pope John Paul will bring this pilgrimage to a conclusion.
If the sun breaks through the clouds on Sunday morning, well, that will be a blessing for many on that special morning.
Previous ArticleA Royally Happy Outcome
Next Article Appeals Court Lifts Research Ban on Embryonic Stem Cells
Dr. Robert Moynihan
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The Punxsutawney Spirit
Delivery Concerns
KnowledgeLake Named Finalist in 2019-2020 Cloud Awards
December 18, 2019 at 12:04 PM EST
ST. LOUIS - December 18, 2019 - (Newswire.com)
KnowledgeLake has been declared a finalist this week in the international Cloud Computing Awards program, The Cloud Awards.
Since 2011, The Cloud Awards program has sought to champion excellence and innovation in cloud computing. Entries are accepted throughout the globe and across multiple industry sectors.
Categories for the 2019-2020 Cloud Awards include “Security Innovation of the Year,” “Best Software as a Service,” and “Best Cloud Automation Solution.”
KnowledgeLake has been shortlisted in the category “Best Cloud Automation Solution.”
Ron Cameron, KnowledgeLake CEO, said: “To be shortlisted for our work in this international program is not only an honor but clear recognition of the successes and customer satisfaction we strive to achieve with leading cloud technologies.”
Head of Operations for the Cloud Awards, James Williams, said: “Simply, KnowledgeLake has recognized the importance of adopting and pioneering leading cloud technologies in order to deliver outstanding client success, which is why they’re a deserving finalist in the Cloud Awards program.
“We see organizations not only adopting leading technologies but constantly innovating and leveraging their expertise to provide unprecedented levels of customer satisfaction. We’ve seen a big uptick in businesses deserving recognition for their work in cloud automation, cloud security and mobile solutions. We expect these to be huge growth areas in the coming years.
“Meanwhile, it’s a short wait for our host of leading innovators, as the winners of the Cloud Awards 2019-2020 will be announced in the New Year.”
Hundreds of organizations entered, with entries coming from across the globe, covering the Americas, Australia, Europe, and the Middle East. You can view the full shortlist here: https://www.cloud-awards.com/cloud-computing-awards/.
Final winners will be announced on Thursday, Jan. 30, 2020.
About the Cloud Awards
The Cloud Awards is an international program which recognizes and honors industry leaders, innovators and organizational transformation in cloud computing. The awards are open to large, small, established and startup organizations from across the entire globe, with an aim to find and celebrate the pioneers who will shape the future of the Cloud as we move into 2020 and beyond. The Cloud Awards currently offers two awards programs, the Cloud Computing Awards, and the Software-as-a-Service Awards.
Categories for the Cloud Computing Awards include Most Promising Startup, Best SaaS, and “Best in Mobile” Cloud Solution. Finalists were selected by a judging panel of international industry experts. For more information about the Cloud Awards, please visit https://www.cloud-awards.com/.
About KnowledgeLake
KnowledgeLake provides content management solutions that help busy organizations intelligently automate their most important document processes. Since 1999, we've created award-winning, Microsoft-centric solutions that have helped thousands of companies around the world focus on their mission rather than their mission-critical documents. As a four-time Microsoft Partner of the Year, we enable the Microsoft partner ecosystem with tools to extend the value of Microsoft’s business-critical technologies for the benefit of all Microsoft customers.
Yeni Hoo | yeni.hoo@knowledgelake.com
Tori Cameron | tori.cameron@knowledgelake.com
Original Source: KnowledgeLake Named Finalist in 2019-2020 Cloud Awards
Copyright © 2015 The Punxsutawney Spirit | 510 Pine Street | Punxsutawney, PA 15767 | 814-938-8740
All property rights for the entire contents of this publication shall be the property of The Punxsutawney Spirit.
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People v. Sanchez
THE PEOPLE, Plaintiff and Respondent,
MARCOS ARTURO SANCHEZ, Defendant and Appellant.
Orange County Super. Ct. No. 11CF2839, Ct.App. 4/3 G047666
John L. Dodd, under appointment by the Supreme Court, for Defendant and Appellant.
Lisa M. Romo for Pacific Juvenile Defender Center as Amicus Curiae on behalf of Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette and Gerald A. Engler, Chief Assistant Attorneys General, Julie L. Garland, Assistant Attorney General, Steven T. Oetting, Deputy State Solicitor General, Peter Quon, Jr., Susan Miller and Lynne McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.
Corrigan, J.
In Crawford v. Washington (2004) 541 U.S. 36 (Crawford), the United States Supreme Court held, with exceptions not relevant here, that the admission of testimonial hearsay against a criminal defendant violates the Sixth Amendment right to confront and cross-examine witnesses. Here we consider the degree to which the Crawford rule limits an expert witness from relating case-specific hearsay content in explaining the basis for his opinion. In addition, we clarify the proper application of Evidence Code sections 801 and 802, relating to the scope of expert testimony.
We hold that the case-specific statements related by the prosecution expert concerning defendant's gang membership constituted inadmissible hearsay under California law. They were recited by the expert, who presented them as true statements of fact, without the requisite independent proof. Some of those hearsay statements were also testimonial and therefore should have been excluded under Crawford. The error was not harmless beyond a reasonable doubt. Accordingly, we reverse the jury findings on the street gang enhancements.
I. FACTS
On October 16, 2011, two uniformed Santa Ana police officers made eye contact with defendant Marcos Arturo Sanchez, who was standing nearby. He reached into an electrical box with one hand, then ran upstairs into an apartment while holding his other hand near his waistband. When told defendant did not live in the apartment, the officers entered and apprehended him. A boy who had been in the apartment testified the man arrested was a stranger who ran through the residence and into the bathroom. A loaded gun and a plastic baggie were found on a tarp several feet below the bathroom window. The items appeared to have been recently deposited. The downstairs neighbor, who owned the tarp, testified the items were not his and he had given no one permission to place them there. The baggie contained 14 bindles of heroin and four baggies of methamphetamine, all packaged for sale. Sanchez was charged with possession of a firearm by a felon, possession of drugs while armed with a loaded firearm, active participation in the "Delhi" street gang, and commission of a felony for the benefit of the Delhi gang.[1] He was also alleged to have been convicted of a felony for which he had served a state prison sentence.[2]
Santa Ana Police Detective David Stow testified for the prosecution as a gang expert. He had been a gang suppression officer for 17 of his 24 years on the force. His experience included investigating gang-related crime; interacting with gang members, as well as their relatives; and talking to other community members who may have information about gangs and their impact on the areas where they operate. As part of his duties, Stow read reports about gang investigations; reviewed court records relating to gang prosecutions; read jail letters; and became acquainted with gang symbols, colors, and art work. He had received over 100 hours of formal training in gang recognition and subcultures, offered by various law-enforcement agencies in Southern California and around the nation. He had been involved in over 500 gang-related investigations.
As part of the department's efforts to control gang activity, officers issue what are known as "STEP notices"[3] to individuals associating with known gang members. The purpose of the notice is to both provide and gather information. The notice informs the recipient that he is associating with a known gang; that the gang engages in criminal activity; and that, if the recipient commits certain crimes with gang members, he may face increased penalties for his conduct. The issuing officer records the date and time the notice is given, along with other identifying information like descriptions and tattoos, and the identification of the recipient's associates. Officers also prepare small report forms called field identification or "FI" cards that record an officer's contact with an individual. The form contains personal information, the date and time of contact, associates, nicknames, etc. Both STEP notices and FI cards may also record statements made at the time of the interaction.
Stow testified generally about gang culture, how one joins a gang, and about the Delhi gang in particular. Gangs have defined territories or turf that they control through intimidation. They commit crimes on their turf and protect it against rivals. Nonmembers who sell drugs in the gang's territory and who do not pay a "tax" to the gang risk death or injury. The Delhi gang is named after a park in its territory and has over 50 members. Its primary activities include drug sales and illegal gun possession. Defendant was arrested in Delhi turf. Stow testified about convictions suffered by two Delhi members to establish that Delhi members engage in a pattern of criminal activity. (Pen. Code, § 186.22, subds. (e), (f).)
The questioning then turned to defendant. The prosecutor asked Stow if he was aware that defendant received a STEP notice on June 14, 2011. The prosecutor inquired, "Did the defendant indicate to the police officer in the STEP notice that the defendant for four years had kicked it with guys from Delhi?" and "did the defendant also indicate ‘I got busted with two guys from Delhi?' " Stow responded, "Correct" to both. He explained that "kicking it" means "hanging out and associating" with gang members and that people often used the phrase to avoid openly admitting gang membership.
The prosecutor next asked about four other police contacts with defendant between 2007 and 2009. Stow gave the details of each, relating statements contained in police documents: (1) On August 11, 2007, defendant's cousin, a known Delhi member, was shot while defendant stood next to him. Defendant told police then that he grew up "in the Delhi neighborhood." (2) On December 30, 2007, defendant was with Mike Salinas when Salinas was shot from a passing car. Salinas, a documented Delhi member, identified the perpetrator as a rival gang member. (3) On December 4, 2009, an officer contacted defendant in the company of documented Delhi member John Gomez and completed an FI card. (4) Five days later, on December 9, 2009, defendant was arrested in a garage with Gomez and Delhi member Fabian Ramirez. Inside the garage, police found "a surveillance camera, Ziploc baggies, narcotics, and a firearm."
In preparing for trial, Stow compiled a "gang background" on defendant that included the STEP notice and defendant's statements, his contacts with police while in the company of Delhi members, and the circumstances of the present case occurring in Delhi territory. Based on this information, Stow opined that defendant was a member of the Delhi gang. The prosecutor then asked a lengthy hypothetical in which he asked Stow to assume that (1) a Delhi gang member, "who's indicated to the police he kicks it with Delhi and has been contacted in a residence where narcotics and a firearm have been found in the past, " is contacted by police in Delhi territory on October 16, 2011; (2) that gang member "grabbed something, and then grabs his waistband" as he runs up the stairs into an apartment; and (3) he runs into the bathroom and police later find a loaded firearm and drugs on a tarp outside the bathroom window. Assuming those facts, Stow gave his opinion that the conduct benefitted Delhi because the gang member was willing to risk incarceration by possessing a firearm and narcotics for sale in Delhi's turf. Stow added that this conduct also created fear in the community redounding to Delhi's benefit.
On cross-examination, Stow admitted he had never met defendant. He was not present when defendant was given the STEP notice, or during any of defendant's other police contacts. Stow's knowledge of the two shootings, as well as the 2009 garage incident, was derived from police reports. His knowledge of the December 4, 2009, contact was based on the FI card. Stow clarified that an officer may fill out an FI card or issue a STEP notice to someone not engaged in any crime or suspicious behavior.
The jury convicted defendant as charged.[4] The Court of Appeal reversed defendant's conviction for active gang participation[5] and otherwise affirmed. We granted defendant's petition for review.
Defendant contends the expert's description of defendant's past contacts with police was offered for its truth and constituted testimonial hearsay. He urges its admission violated the federal confrontation clause because the declarants were not unavailable and he had not been given an earlier opportunity to cross-examine them. The Attorney General responds that the statements upon which the gang expert based his opinions were not admitted for their truth and, even if they had been, most of the statements were not testimonial.
We first address whether facts an expert relates as the basis for his opinion are properly considered to be admitted for their truth. The confrontation clause "does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted." (Crawford, supra, 541 U.S. at p. 59, fn. 9.) If the Attorney General is correct that statements offered as the basis for an opinion are not admitted for their truth, the statements are not hearsay and our inquiry is at an end. If defendant is correct, the propriety of the statements' admission in this case would turn on whether they constitute testimonial hearsay.
A. State Evidentiary Rules for Hearsay
Hearsay may be briefly understood as an out-of-court statement offered for the truth of its content. Evidence Code section 1200, subdivision (a) formally defines hearsay as "evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." A "statement" is "oral or written verbal expression" or the "nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression." (Evid. Code, § 225.) Senate committee comments to Evidence Code section 1200 explain that a statement "offered for some purpose other than to prove the fact stated therein is not hearsay." (Sen. Com. on Judiciary com., 29B pt. 4 West's Ann. Evid. Code (2015 ed.) foll. § 1200, p. 3; see People v. Davis (2005) 36 Cal.4th 510, 535-536.) Thus, a hearsay statement is one in which a person makes a factual assertion out of court and the proponent seeks to rely on the statement to prove that assertion is true. Hearsay is generally inadmissible unless it falls under an exception. (Evid. Code, § 1200, subd. (b).) Nothing in our opinion today changes the basic understanding of the definition of hearsay.
Documents like letters, reports, and memoranda are often hearsay because they are prepared by a person outside the courtroom and are usually offered to prove the truth of the information they contain. Documents may also contain multiple levels of hearsay. An emergency room report, for example, may record the observations made by the writer, along with statements made by the patient. If offered for its truth, the report itself is a hearsay statement made by the person who wrote it. Statements of others, related by the report writer, are a second level of hearsay. Multiple hearsay may not be admitted unless there is an exception for each level. (People v. Riccardi (2012) 54 Cal.4th 758, 831 (Riccardi).) For example, in the case of the emergency room document, the report itself may be a business record (Evid. Code, § 1270 et seq.), while the patient's statement may qualify as a statement of the patient's existing mental or physical state (Evid. Code, § 1250, subd. (a)).
B. State Evidentiary Rules for Expert Testimony
While lay witnesses are allowed to testify only about matters within their personal knowledge (Evid. Code, § 702, subd. (a)), expert witnesses are given greater latitude. "A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates." (Evid. Code, § 720, subd. (a).) An expert may express an opinion on "a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code, § 801, subd. (a).) In addition to matters within their own personal knowledge, experts may relate information acquired through their training and experience, even though that information may have been derived from conversations with others, lectures, study of learned treatises, etc. This latitude is a matter of practicality. A physician is not required to personally replicate all medical experiments dating back to the time of Galen in order to relate generally accepted medical knowledge that will assist the jury in deciding the case at hand. An expert's testimony as to information generally accepted in the expert's area, or supported by his own experience, may usually be admitted to provide specialized context the jury will need to resolve an issue. When giving such testimony, the expert often relates relevant principles or generalized information rather than reciting specific statements made by others.
The jury is not required to accept an expert's opinion. The final resolution of the facts at issue resides with the jury alone. The jury may conclude a fact necessary to support the opinion has not been adequately proven, even though there may be some evidence in the record tending to establish it. If an essential fact is not found proven, the jury may reject the opinion as lacking foundation. Even if all the necessary facts are found proven, the jury is free to reject the expert's opinion about them as unsound, based on faulty reasoning or analysis, or based on information the jury finds unreliable. The jury may also reject an opinion because it finds the expert lacks credibility as a witness.
The hearsay rule has traditionally not barred an expert's testimony regarding his general knowledge in his field of expertise. "[T]he common law recognized that experts frequently acquired their knowledge from hearsay, and that ‘to reject a professional physician or mathematician because the fact or some facts to which he testifies are known to him only upon the authority of others would be to ignore the accepted methods of professional work and to insist on... impossible standards.' Thus, the common law accepted that an expert's general knowledge often came from inadmissible evidence." (Volek, Federal Rule of Evidence 703: The Back Door and the Confrontation Clause, Ten Years Later (2011) 80 Fordham L.Rev. 959, 965, fn. omitted, quoting 1 Wigmore, A Treatise on the Anglo-American System of Evidence in Trials at Common Law (2d ed. 1923) § 665; see Simons, Cal. Evidence Manual (2014) § 4:23, pp. 313-316.) Knowledge in a specialized area is what differentiates the expert from a lay witness, and makes his testimony uniquely valuable to the jury in explaining matters "beyond the common experience of an ordinary juror." (People v. McDowell (2012) 54 Cal.4th 395, 429; see Evid. Code, § 801, subd. (a).) As such, an expert's testimony concerning his general knowledge, even if technically hearsay, has not been subject to exclusion on hearsay grounds.
By contrast, an expert has traditionally been precluded from relating case-specific facts about which the expert has no independent knowledge. Case-specific facts are those relating to the particular events and participants alleged to have been involved in the case being tried. Generally, parties try to establish the facts on which their theory of the case depends by calling witnesses with personal knowledge of those case-specific facts. An expert may then testify about more generalized information to help jurors understand the significance of those case-specific facts. An expert is also allowed to give an opinion about what those facts may mean. The expert is generally not permitted, however, to supply case-specific facts about which he has no personal knowledge. (People v. Coleman (1985) 38 Cal.3d 69, 92 (Coleman).)
Going back to the common law, this distinction between generally accepted background information and the supplying of case-specific facts is honored by the use of hypothetical questions. "Using this technique, other witnesses supplied admissible evidence of the facts, the attorney asked the expert witness to hypothetically assume the truth of those facts, and the expert testified to an opinion based on the assumed facts...." (Imwinkelried, The Gordian Knot of the Treatment of Secondhand Facts Under Federal Rule of Evidence 703 Governing the Admissibility of Expert Opinions: Another Conflict Between Logic and Law (2013) 3 U.Den. Crim. L.Rev. 1, 5; see Simons, Cal. Evidence Manual, supra, § 4:32, pp. 326-327; 2 Wigmore, Evidence (Chadbourn ed. 1978) § 672, p. 933, italics omitted.) An examiner may ask an expert to assume a certain set of case-specific facts for which there is independent competent evidence, then ask the expert what conclusions the expert would draw from those assumed facts. If no competent evidence of a case-specific fact has been, or will be, admitted, the expert cannot be asked to assume it. The expert is permitted to give his opinion because the significance of certain facts may not be clear to a lay juror lacking the expert's specialized knowledge and experience.
The following examples clarify these general principles and their distinctions.
(1) That 15 feet of skid marks were measured at an auto accident scene would be case-specific information. Those facts could be established, for example, through the testimony of a person who measured the marks. How automobile skid marks are left on pavement and the fact that a given equation can be used to estimate speed based on those marks would be background information an expert could provide. That the car leaving those marks had been traveling at 80 miles per hour when the brakes were applied would be the proper subject of an expert opinion.
(2) That hemorrhaging in the eyes was noted during the autopsy of a suspected homicide victim would be a case-specific fact. The fact might be established, among other ways, by the testimony of the autopsy surgeon or other witnesses who saw the hemorrhaging, or by authenticated photographs depicting it. What circumstances might cause such hemorrhaging would be background information an expert could provide. The conclusion to be drawn from the presence of the hemorrhaging would be the legitimate subject for expert opinion.
(3) That an associate of the defendant had a diamond tattooed on his arm would be a case-specific fact that could be established by a witness who saw the tattoo, or by an authenticated photograph. That the diamond is a symbol adopted by a given street gang would be background information about which a gang expert could testify. The expert could also be allowed to give an opinion that the presence of a diamond tattoo shows the person belongs to the gang.
(4) That an adult party to a lawsuit suffered a serious head injury at age four would be a case-specific fact. The fact could be established, inter alia, by a witness who saw the injury sustained, by a doctor who treated it, or by diagnostic medical records. How such an injury might be caused, or its potential long-term effects, would be background information an expert might provide. That the party was still suffering from the effects of the injury and its manifestations would be the proper subject of the expert's opinion.
At common law, the treatment of an expert's testimony as to general background information and case-specific hearsay differed significantly. However, the line between the two has now become blurred. Both the common law and early California law recognized two exceptions to the general rule barring disclosure of, and reliance on, otherwise inadmissible case-specific hearsay. These exceptions covered testimony about property valuation and medical diagnoses. As to the former, "courts recognized that experts frequently derived their knowledge by both custom and necessity from sources that were technically hearsay-price lists, newspapers, information about comparable sales, or other secondary sources." (Kaye et al., The New Wigmore: Expert Evidence (2d ed. 2011) § 4.5.1, p. 154; see In re Cliquot's Champagne (1865) 70 U.S. 114, 141.) Likewise, physicians often relied on patients' hearsay descriptions of their symptoms to form diagnoses. (See Barber v. Merriam (Mass. 1865) 93 Mass. 322, 324-326; see also Kaye et al., § 4.5.1, p. 155; People v. Wilson (1944) 25 Cal.2d 341, 348; Betts v. Southern California Fruit Exch. (1904) 144 Cal. 402, 408; People v. Shattuck (1895) 109 Cal. 673, 678-679; Hammond Lumber Co. v. Los Angeles County (1930) 104 Cal.App. 235, 248.)
The justification for these exceptions was threefold: "the routine use of the same kinds of hearsay by experts in their conduct outside the court; the experts' experience, which included experience in evaluating the trustworthiness of such hearsay sources; and the desire to avoid needlessly complicating the process of proof...." (Kaye et al., The New Wigmore: Expert Evidence, supra, § 4.5.1, p. 155; see 3 Wigmore, Evidence, supra, § 688, p. 4.)
The Legislature's enactment of the Evidence Code in 1965 generalized these common law exceptions. Evidence Code section 801, subdivision (b) provides that an expert may render an opinion "[b]ased on matter (including his special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion." (Italics added.) Similarly, Evidence Code section 802 allows an expert to "state on direct examination the reasons for his opinion and the matter (including, in the case of an expert, his special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion." Under this approach, the reliability of the evidence is a key inquiry in whether expert testimony may be admitted. The California Law Revision Commission comments accompanying the code noted that Evidence Code section 801, subdivision (b) "assures the reliability and trustworthiness of the information used by experts in forming their opinions." (Cal. Law Revision Com. com., reprinted at 29B pt. 3A West's Ann. Evid. Code (2009 ed.) foll. § 801, p. 26.)
Accordingly, in support of his opinion, an expert is entitled to explain to the jury the "matter" upon which he relied, even if that matter would ordinarily be inadmissible. When that matter is hearsay, there is a question as to how much substantive detail may be given by the expert and how the jury may consider the evidence in evaluating the expert's opinion. It has long been the rule that an expert may not " ‘under the guise of reasons [for an opinion] bring before the jury incompetent hearsay evidence.' " (Coleman, supra, 38 Cal.3d at p. 92.) Courts created a two-pronged approach to balancing "an expert's need to consider extrajudicial matters, and a jury's need for information sufficient to evaluate an expert opinion" so as not to "conflict with an accused's interest in avoiding substantive use of unreliable hearsay." (People v. Montiel (1993) 5 Cal.4th 877, 919 (Montiel).) The Montiel court opined that "[m]ost often, hearsay problems will be cured by an instruction that matters admitted through an expert go only to the basis of his opinion and should not be considered for their truth. [Citation.] [¶] Sometimes a limiting instruction may not be enough. In such cases, Evidence Code section 352 authorizes the court to exclude from an expert's testimony any hearsay matter whose irrelevance, unreliability, or potential for prejudice outweighs its proper probative value. [Citation.]" (Ibid., citing Coleman, supra, 38 Cal.3d at pp. 91-93.) Thus, under this paradigm, there was no longer a need to carefully distinguish between an expert's testimony regarding background information and case-specific ...
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Balboa Day
There are two separate holidays on September 25, celebrated in 4 hemispheres, that collectively mark the beginning and the end of colonialism.
Balboa plays "wave-jump" in the Pacific
Vasco Nunez de Balboa was 26 in 1500. It was only 8 years after Columbus’s first voyage, and the young Spaniard sought adventure in the New World. Balboa joined the crew of an expedition headed west to Hispaniola (Cuba) and on to Colombia with the purpose of establishing a settlement.
Due to lack of men, the Spanish were unable to maintain a colony in Colombia. Balboa returned to Hispaniola and pursued Plan B: pig farming. Evidently, Balboa was not a very good pig farmer. He went broke, and was even unable to join the next mission to Colombia because he owed so much money.
The following year he didn’t ask. He snuck aboard a ship carrying supplies to the new settlement.
When the ship arrived in South America the newbies found the Spanish colony deserted. Unable to defend the colony or to sustain their food supply, the Spanish settlers had hightailed it back home. Balboa, who had some familiarity with the land, recommended the group move west, where the indigenous tribes were more peaceful. Thus, the stowaway became the group’s unofficial leader.
Balboa and his crew had many riotous adventures, making slaves of the native populations, stealing gold, and setting wild dogs upon 40 natives exercising the “foulest vice” of male-love. (Right)
In 1513, Balboa heard rumors of a sea to the south, across what is now Panama. Balboa led a group of 90 men southwest across the isthmus. On September 25, 1513, Balboa scaled the highest summit and became the first European to set eyes upon the eastern half of the Pacific Ocean.
Unable to fathom its vastness, he called it the “South Sea” because it appeared to follow Panama’s southern shore.
It was downhill from there for Balboa, literally and figuratively.
A few years later a new governor arrived in town, appointed by the King of Spain. To ensure Balboa would not usurp him, the governor accused Balboa of treason. Balboa and 4 of his men were tried and beheaded in 1519.
Armed Forces Day – Mozambique
From the Northern and Western Hemispheres we move half a world and four and a half centuries later to the coast of Africa.
In the 1500s, Portugal owned half the world (’cause the Pope said so). By the 1960s, the former Iberian powerhouse was tightly clenching its few remaining colonies.
Spurred on by success in Tanzania, FRELIMO, Mozambique’s anti-colonialist liberation party, formed (illegally) in 1962, and received support from China and the Soviet Union. On September 25, 1964, FRELIMO went militant, attacking a Portuguese base in Cabo Delgado.
The fight for independence would be bloody and costly, lasting over a decade. Ultimately, Mozambique won independence, like other Portuguese colonies, because of a government coup in Portugal in 1974. Thus ending almost 500 years of Iberian colonialism in Africa and the Americas.
In memory of that bloody first day, September 25 is Armed Forces Day in Mozambique.
CategoriesMozambique, Panama, September Tagscolonialism
One Reply to “Balboa Day”
Rizky says:
Who celebrated the Balboa Day?
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Lonavala Tourism
https://www.trawell.in –
Lonavala is a beautiful hill station in Pune district of Maharashtra. It lies at an altitude of 622 m in the Sahayadri Ranges which separate the Deccan Plateau and the Konkan Coast. Lonavala is one of the famous Tourist plaes in Maharashtra and among the top hill stations in Maharashtra. This is among the best places to visit near Mumbai & Pune.
Created by hruday_16 2 years 50 weeks ago – Made popular 2 years 50 weeks ago
Category: Travel Tags:
Panchgani Tourism 3 years 14 weeks ago
Panchgani also called Paachgani is a famous hill station and municipal council in Satara district of Maharashtra. It is one of the top hill resorts in Maharashtra and among the best hill stations near Pune & Mumbai cities. Panchgani is one of the popular Tourist places in Maharashtra and also an ideal weekend getaways near Pune for a 2 day trip.
12 Best Places to Visit Near in Pune for One Day Trip 2 years 15 weeks ago
12 Best Places to Visit Near in Pune for One Day Trip
Kamshet is located in Pune district in the state of Maharashtra, India, 110 km from Mumbai City, and 35 km from Pune in Pune district. It is 16 km from the twin hill stations of Khandala and Lonavala and is accessible by road and rail from Mumbai (Bombay) and Pune.
Best Tourist Destinations in Lonavala 3 years 19 weeks ago
Charismatic sceneries, charming locations and spectacular beauty of Lonavala are something that makes the stay of guests memorable and pleasing. The place is famous as a hill station which is surrounded by the magnificent ranges of Sahyadri on the Deccan Plateau. Famous as weekend getaway destination from Pune and Mumbai, the place holds a prominent position among the travellers. People being on Mumbai day tours can also explore this small place and enjoy the sightseeing places which will make your tour memorable.
Where to Have a Joyful Stay in Lonavala? 4 years 38 weeks ago
Lonavala has been the most cherished weekend getaway from both Mumbai and Pune. The way that it is located at a an approachable distance of around 100 km from Mumbai and around 60 km from Pune, Lonavala has during the time created from a captivating hill station to a champion amongst the most frequented destinations around Mumbai! In spite of the fact that there is almost nothing very exciting as such to do in the town, Lonavala is venerated for the way that it is truly close yet a long way from the city and its commotion.
Lonavala – History, Culture, Best Time To Visit and Best Attractions 3 years 32 weeks ago
Beautiful Hill station of North India, Lonavala or Lonavala which is a beautiful place which is located about 64 km from Pune and 96 km from Mumbai. Famous as “City of Caves” the place has a boon of lush greenery, deep valleys and charming atmosphere which will make your India Tours pleasing. It is the months of monsoon season that the place is being at the peak of its grandeur.
Ganpatipule Tourism 2 years 43 weeks ago
Ganpatipule is a small pilgrimage & beach town located in the Ratnagiri district of Maharashtra. Ganpatipule is one of teh top Maharashtra tourist places and also one of the best places to visit near Pune. Ganpatipule Beach is one of the most spectacular beaches along the konkan Coast in Maharashtra.
Hill Stations near Mumbai 3 years 18 weeks ago
Mumbai, the entertainment capital and India's financial powerhouse, is the capital of the Indian State of Maharashtra. Mumbai was named an alpha World Coity. It is the wealthiest city in India with highest number of billionaires and is also one of the best places to experience the Tourism in Maharashtra. Here are the map, directions and things to in hill stations near Mumbai.
Cabs From Mumbai to Lonavala | Mumbai to Lonavala taxi service | Mumbai to Lonavala taxi | Mumbai to Lonavala distance 4 years 4 days ago
movers and packers in lonavala | movers and packers in lonavala 5 years 19 weeks ago
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What is considered a criminal offence
Criminal offences. Classification of crimes in criminal cases. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways. Mar 26, 2020Since a criminal offence is considered to be committed against the state, a prosecutor is assigned to pursue the case against the alleged offender. In a civil suit, the wronged party files a suit, and must provide a representative to pursue the case against the defendant. Criminal cases have jail time as part of the penalty for guilt, along. criminal offense (criminal law) an act punishable by law; usually considered an evil act; a long record of crimes crime, criminal offence, lawbreaking, offense, offence evildoing, transgression the act of transgressing; the violation of a law or a duty or moral principle; the boy was punished for the transgressions of his father Sep 02, 2020This is the case when an individual performs an act that constitutes an offence in both Canada and the country in which the offence took place. Although the foreign equivalent of a Canadian criminal code infraction is the most common cause of inadmissibility, an offence that equates to a violation of any Canadian Federal law also results in. This section has information to help you when you go to court for a minor criminal offence. A crime occurs when a person breaks a law and commits an offence against the community in general o r against a particular victim. So, if a person blackmails you, then he or she is committing a criminal offense which is in turn considered a financial crime. Embezzling money is also another example of a financial crime, as to is money laundering. Evading your taxes is also considered a criminal offense as too is cybercrime. Sep 08, 2016The case received extensive media attention and the most widely discussed question within scholarly circles was: Should scientific misconduct be considered a criminal offense? Misconduct in research is a serious offence that amounts to the violation of professional ethics as well as public trust. The two elements of a criminal offence. For a criminal offence to occur there must be two main elements the prohibited conduct and the mental element of a guilty mind or intention. Unless an offence falls into the unusual category of a strict liability offence, the prosecution must, in order to prove that a person has committed an offence. What Are Serious Criminal Offences? Although all criminal offences are serious, offences that have the possibility of a lengthy term of imprisonment are considered more serious. These offences are generally known as Major Indictable Offences. A Major Indictable offence is one that can carry a maximum penalty of 7 years or above, although this. Aug 26, 2019Summary and indictable offences. In Irish law criminal offences can be tried in two ways: . In the lower court (District Court) in front of a judge without a juryIn the higher courts (Circuit Criminal Court, Central Criminal Court) in front of a judge and jury A summary offence is an offence which can only be dealt with by a judge sitting without a jury in the District Court. How can I find out whether an offence outside Canada is considered a criminal offence in Canada? This is a complex task as it involves comparing Canadian and foreign laws. While there are many pieces of Canadian legislation containing criminal offences, the vast majority can be found in the Criminal Code or the Controlled Drugs and Substances Act. The consequences of a criminal offence. Although criminal offences are serious and intolerable acts, these crimes are classified by degree of severity. Moreover, before determining a sanction, several parameters are considered such as criminal past of the attacker or the context in which the crime. The Criminal Law (Sexual Offences) (Amendment) Act 2019 amended the Act of 1908 to provide for a maximum term of 10 years' imprisonment for both males and females. [93 [94 Occasionally, offenders convicted of incest will be admitted to a psychiatric hospital for psychiatric treatment. List of Criminal Charges FindLaw Apr 01, 2019Criminal cases involve an action that is considered to be harmful to society as a whole (hence, these are considered offenses against the state or the jurisdiction of the prosecution). While criminal law and civil law are different, there is some crossover. Feb 04, 2013It is a very broad question to ask What is a Criminal Offence in Canada? simply because there are so many different types. However, if it is indeed a criminal offence, then you will be able to find it codified in Canadian law. There are several pieces of federal legislation that outline what constitutes a criminal offence in Canada, but we will focus only on the most common. Aug 10, 2019Although each state varies when determining the degree of a felony, most states with capital felony define it as a crime, such as murder, that qualifies for the death penalty or life without parole. Common firstdegree felonies include arson, rape, murder, treason, and kidnapping; Seconddegree felonies can include arson, manslaughter, drug manufacturing or distribution, child. Alphabetical list of all criminal offences in Victoria, Australia. Contains links to all our offence pages under all categories. Doogue George 03 9670 5111 Impaired driving is the term used in Canada to describe the criminal offence of operating, having care or the control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. A crime is an offence against a public law. This word, in its most general signification, comprehends all offences but, in its limited sense, it is confined to felony. The term misdemeanor includes every offence inferior to felony, but punishable by indictment or. There are different areas where acts are considered criminal. Acts involving deliberate violence, such as assault, are criminal acts. Activities with unauthorized weapons are also considered offences, such as the possession of firearms with automatic firing capability. And of course, any form of theft or possession of stolen goods is criminal. If youve been convicted of driving under the influence (DUI), you should know that in Canada, DUI has been considered a Federal Criminal Offence since 1921. In Canada, the term impaired driving is used when referring to the criminal offence of operating a motor. Sep 10, 2020Crimes are set forth in criminal statutes, which describe the prohibited conduct, the mental state or intent required for guilt, and the range of possible punishments. The specific acts that qualify as criminal conduct will depend on a particular jurisdiction's laws. Is a Traffic Ticket a Criminal Offense? Unfortunately, being issued a traffic ticket is a relatively common occurrence in New York. While most of these infractions are serious enough on their own, many drivers worry that they might actually be charged with a crime. But is a traffic ticket a criminal offense? Jan 19, 2018Not every criminal act can be the basis of a civil lawsuit, and certainly not every violation of civil law is a crime. Crimes and torts (wrongs or wrongful acts handled in civil court) are in some sense similar. Both involve someone (the defendant) doing something thats bad in. Oct 31, 2020Most crimes in the U. , for instance, fall under the jurisdiction of the state where the offense occurs. In other words, must criminal acts are considered under the jurisdiction of the individual state. The federal government, however, has the power to determine what types of crime constitute a federal offense. Civil Law vs Criminal Law Difference and Comparison Diffen Feb 20, 2013A crime is any act or omission that violates a law which results in a punishment. Punishments can range from the payment of a fine to incarceration in jail. The level of the offense or crime will usually be set in proportion to the severity of the crime. For example, parking in a two hour parking zone for three hours is a crime. Because a speeding ticket is technically considered a criminal offense in Texas, anyone who has been convicted for speeding has to declare that they have a criminal record on employment or collegiate applications, unless the application makes exceptions for Class C charges. Of course, the vast majority of businesses and universities dont. However in NSW, some of the more serious traffic offences, called major traffic offences, can carry criminal penalties. Some of these offences are: drink driving (PCA or DUI), negligent driving (when decided in court), driving while suspended or disqualified, police pursuit, and reckless driving. Feb 20, 2013Criminal offenses, on the other hand, arise from the violation of local ordinances or state or federal statutes prohibiting certain conduct. A criminal offense can involve a fine, an arrest, or confinement in jail or prison. The consequences of a criminal offense are. Mar 10, 2019Therefore, in its most broad definition, a criminal offense is a behavior that is prohibited by law and considered to violate the moral standards of society. Broadly, criminal acts can be divided into several different categories. Difference between Crime and Offence Nov 10, 2020A criminal offense is a violationof the law, which may occur at the federal level or at a lower jurisdictional level. Offenses are generally classified as misdemeanors or felonies. The consequences can vary depending upon the crime and may include incarceration, fines, or even death. Apr 30, 2019Most traffic violations are considered infractions. They carry a fine, mostly, and theres considerable discretion allowed in how a given peace officer can enforce them (ticket, or warning, write a lesser offense as the actual rule broken, et ce In criminal casesregardless of the statethe prosecution must prove all the elements of the offense beyond a reasonable doubt. But in some states, minor traffic violations arent considered crimestheyre civil offenses. So, in these states, the government might be held to a lesser standard of proof for traffic cases. , road rage is not a criminal offense, per se. That per se is important because road rage, at its heart, is anger, maybe even overwhelming anger, at the actions of another driver. That is not against the law anywhere. However, if your Difference between Crime and Offence Apr 16, 2020A defendant in a criminal case is entitled to an attorney; The protections afforded to defendants under criminal law are considerable; Crimes are Offenses Against the State. That means that even though one person might murder a particular person, the murder itself is considered an offense to everyone in society. Accordingly, crimes against the. Kidnapping, criminal offense consisting of the unlawful taking and carrying away of a person by force or fraud or the unlawful seizure and detention of a person against his will. The principal motives for kidnapping are to subject the victim to some form of involuntary servitude, to expose him to May 16, 2019Selling or handing a weapon to a person who has a previous conviction of weapon misconduct and has been stripped from their gun rights. Possessing a weapon on school grounds. Possession of a prohibited weapon such as grenades, bombs, rockets, short barrel shotguns and nunchucks. A criminal offence is an offence (or crime) against the state. It is often called breaking the law. If you are accused of a criminal offence, the charge sheet or notice to appear will say what offence you have been charged with. The outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding. A criminal is someone who breaks the law. If you're a murderer, thief, or tax cheat, you're a criminal. May 27, 2014Criminal penalties vary based upon whether it is a motorists first offense, second offense, third offense, andor whether he or she has been previously convicted. The New York Department of Motor Vehicles ( DMV ) lists penalties for an alcohol or drugrelated violation. 3 Types of Criminal Offences Net Justice Jan 24, 2015A criminal act that is less serious than a felony is considered to be a misdemeanor. While specific laws vary by jurisdiction, misdemeanors generally include such acts as disturbing the peace, petty theft, drunk driving with no injury to others, public drunkenness, simple assault and battery, and traffic violations. More items Mar 28, 2020About says there are three different types of criminal offenses: infractions, misdemeanors and felonies. Infractions do not require jail time. Misdemeanors sometimes require jail time of 12 months or less. Felonies are quite serious and require a greater amount of jail time.
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Matt Hobbs
on the internetz.
Eurostarin’
I first saw this video on the unfortunately on hiatus RES magazine monthly DVD, and I’ve loved it ever since. Finally it’s turned up on youTube. My favourite part? The mechanic turned stripper – awesome!
Author Matt HobbsPosted on July 12, 2007 Categories UncategorizedTags Music, videos
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Let's get our facts straight
I'm not a Southerner. I've vacationed in the South -- Atlanta and Little Rock/Hot Springs, specifically -- and enjoyed it. I feel far more comfortable there than I ever have in Los Angeles. But I am not a Southerner. I grew up in the Land of Lincoln, and am proud to hale from the state that gave us the man who saved the Union.
That's why I don't get the affection anyone feels for the Confederate flag. At best it stands for secession. At best, flying that flag flies in the face of "one nation, under God." So I don't understand why it's flown on any day, anywhere, after 1865.
But if you want to know why it flies over South Carolina today, it's more about this man than it is about Robert E. Lee.
In January 1961, a Federal court upheld the right of black students to attend the University of Georgia. That didn't play well in the South. "Two four six eight, we don't want to integrate!" Then, in March, 1961, President Kennedy signed an executive order prohibiting segregation in the federal workplace.
The Confederate flag went up over the South Carolina statehouse just weeks later. In April 1961. Ninety six years after the end of the Civil War.
If the GOP wants to truly own the mantle, "The Party of Lincoln," it's time for them to join statesmen like Sen. Lindsay Graham, and Jeb Bush and Mitt Romney and call for the removal of the Confederate flag.
Labels: Current affairs, Kennedy, Politics
zippiknits.....sometimes 10:31 AM
I was wondering what all the flap was about recently about how carefully the Republicans were going to have to tread about that issue, the so called Confederate Flag. The South wanted England back and the flag, a union jack, says it all. It's not anything but a reminder of how Tories fled to England and the Bahamas at the inception of the War of the Revolution. It's not our flag. Basically, the Tories were not traitors,yet, but, if they came back, they were.
► Feb 23
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President Bush & Iraq Vet on ‘Deal or No Deal’
Filed under: Politics,War — DRJ @ 9:00 pm
[Guest post by DRJ]
Capt. Joseph Kobes, a Purple Heart and Bronze Star recipient who has served in Iraq three times, is a contestant on Howie Mandel’s game show “Deal or No Deal.” He’s competing to get enough money to pay off his parents’ house. The taping included a moment where President Bush expressed gratitude for his service and wished him luck in the game.
President Bush isn’t the most popular politician right now (and he knows it, judging by this quote) but he’s still a pretty funny guy:
“I’m thrilled to be on ‘Deal or No Deal’ with you tonight. Come to think of it, I’m thrilled to be anywhere with high ratings these days.”
It’s a nice clip. Take a look.
— DRJ
Tony Snow Joins CNN
Filed under: Media Bias — DRJ @ 7:57 pm
CNN announced that Tony Snow will join the network Monday as a conservative commentator:
“Former White House press secretary Tony Snow will join CNN as a conservative commentator beginning Monday.
CNN president Jon Klein announced that Snow, a long-time political observer with a longstanding news background, will contribute to CNN as the network continues to broadcast winning political coverage.”
The first comment for this story at CNN’s website was from someone named Bill:
“Oh my God! This explains why CNN has become so conservative and pro-Hillary lately.”
LA’s Third World Future
Filed under: Immigration — DRJ @ 6:36 pm
According to this article in the Los Angeles Times, LA’s future may not be pretty:
“With baby boomers preparing to retire as the best educated and most skilled workforce in U.S. history, a growing chorus of demographers and labor experts is raising concerns that workers in California and the nation lack the critical skills needed to replace them.
In particular, experts say, the immigrant workers needed to fill many of the boomer jobs lack the English-language skills and basic educational levels to do so. Many immigrants are ill-equipped to fill California’s fastest-growing positions, including computer software engineers, registered nurses and customer service representatives, a new study by the Washington-based Migration Policy Institute found.”
The solution? The consensus is that “greater investments in public education, a renewed focus on vocational education and better job training are critical to California’s continued prosperity.” In other words, train the people that are already here. Good idea.
However, the real story is in the third through fifth paragraphs:
“Immigrants — legal and illegal — already constitute almost half of the workers in Los Angeles County and are expected to account for nearly all of the growth in the nation’s working-age population by 2025 because native-born Americans are having fewer children. But the study, based largely on U.S. Census data, noted that 60% of the county’s immigrant workers struggle with English and one-third lack high school diplomas.
The looming mismatch in the skills employers need and those workers offer could jeopardize the future economic vitality of California and the nation, experts say. Los Angeles County, the largest immigrant metropolis with about 3.5 million foreign-born residents, is at the forefront of this demographic trend.
“The question is, are we going to be a 21st century city with shared prosperity, or a Third World city with an elite group on top and the majority at poverty or near poverty wages?” asked Ernesto Cortes Jr., Southwest regional director of the Industrial Areas Foundation, a leadership development organization. “Right now we’re headed toward becoming a Third World city. But we can change that.”
Some, like Dowell Myers, a USC urban planning and demography professor and author of the 2007 book “Immigrants and Boomers: Forging a New Social Contract for the Future of America,” expect immigrants to pay our old-age support programs:
“Even if you don’t like it, you have to ask the question: Who’s going to fill your jobs, buy your homes and pay the taxes for old-age support programs?” Myers said.”
That part might be hard to sell.
McCain Opts for Federal Funds
Filed under: 2008 Election — DRJ @ 1:33 pm
The Politico reports that John McCain is expected to accept federal funds to finance his general election campaign:
“John McCain is abandoning any hope of catching the Democrats in fundraising.
Based on new financial disclosure reports released Sunday, and interviews with his finance team, the Republican Party’s presumptive nominee will instead accept taxpayer money to finance his general election and share other costs with the Republican National Committee.
The strategy will allow McCain to stretch his campaign dollars by splitting the cost of television advertising and other campaign activity with the RNC.
But the decision also puts the Arizona senator at risk of being badly outspent – even with RNC help – by a Democratic nominee who will be allowed to spend as much as he or she can raise on the November race.
McCain has raised a total of $72 million for his presidential bid, including $15 million in March. He ended last month with about $11.5 million in cash.
In contrast, Democrat Barack Obama has raised more than $236 million for his campaign. He raised nearly $43 million in March and ended the month with $51 million in cash and no debts.”
It’s ironic, isn’t it, that McCain has championed the benefits of regulation and now he’s feeling the pinch? However, he will receive approximately $84M in federal funds plus joint campaign expenditures with the RNC:
“Under the program, McCain will be eligible to receive $84.1 million from the national treasury to run his campaign between his official nomination at the September Republican convention in Minnesota and Election Day.
Between now and then, McCain needs only to raise enough money to travel and keep his profile high enough not to be forgotten while the Democrats continue to battle one another. If a Democratic nominee emerges with enough time to launch an attack against McCain, a handful of well financed, Republican-friendly outside groups stand ready to quickly come to his aid.
McCain also can spend his summer headlining joint events to help raise money for the RNC, which can allocate millions to boosting his candidacy. The RNC on Sunday reported having $31 million in cash, compared to just $5 million in the Democratic National Committee’s account.
By directing donations to the RNC, money also can be raised in bigger chunks. The maximum donation to the RNC is $28,500; the biggest allowable donation to the McCain campaign for the general election would have been $2,300.”
Money talks in elections and this puts McCain at a disadvantage. It will be interesting to see how well the RNC does in fundraising this summer.
I think McCain’s fundraising problems are due in part to his late start in organizing but it’s also an indication of how conservatives view McCain. For now, conservatives may reluctantly give him their votes … but not their money.
Obama the Uniter
Filed under: 2008 Election,Humor — DRJ @ 1:04 pm
Barack Obama has been called a uniter, not a divider, even though he has been unable to unite more than two-thirds of his own Party behind his candidacy and Hillary Clinton is vowing to continue.
Nevertheless, in the spirit of unity, here are some ideas from a March 15 Larry Elder article suggesting how Obama can unite Americans:
“Taxes: Barack Obama’s America blasts the Bush tax cuts for “unfairly” benefiting the rich. They intend to allow the Bush tax cuts to expire, with resulting higher taxes on income, capital gains and dividends.
The other America believes in limited government, low taxes, fewer regulations. They believe that individuals, rather than government, know how to best spend, save or invest their own money. This part of America feels that the Kennedy, Reagan and George W. Bush tax cuts actually benefited the economy by placing more capital in the hands of private actors, resulting in more jobs, greater productivity and higher net worth.
Obama’s solution: Shared sacrifice. If your last name begins with A through E, Obama will continue the Bush tax cuts. If your last name begins with F through L, Obama will allow the Bush tax cuts to expire. If your last name begins with M through Z, Obama will raise your taxes. Now the following fiscal year, those with last names beginning A through E face a tax increase. The F through L’s get the Bush tax cuts. And the L through Z’s will have their tax cuts expire. The next fiscal year, Obama will rearrange the cuts, depending, of course, on your last name, and will continue this rotation every year of his administration.
The Iraq war: Obama’s America considers the war a failure, a war that “never should have been authorized, and never should have been aged.” They feel the Iraq war makes Americans less safe, causes us to take our eye off the ball in Afghanistan, infuriates our allies, and uses funds better spent elsewhere.
The other America feels that, however we got into Iraq, leaving precipitously emboldens our enemies, creates a safe haven for terrorism, and gives Iran – an avowed enemy of America and a country pursuing nuclear weapons – a dangerous and destabilizing influence over oil-rich Iraq. This part of America believes we cannot in good conscience leave without ensuring Iraq’s stability because that would endanger our own. This part of America agrees with former Secretary of State James Baker, “[I]f we picked up and left right now, you would see the biggest civil war you’ve ever seen. Every neighboring country would be involved in there, doing its own thing, Turkey, Iran, Syria, you name it, and even our friends in the Gulf.”
Obama’s solution: Withdraw all troops by the year 2009. Then send them back in 2010, followed by their return to America in 2011, with another redeployment to Iraq in 2012. These on/off, every-other-year rotations would continue throughout his presidency. This satisfies those who want the troops home immediately. But it also appeases those who consider our national security dependent upon a military presence in Iraq. This policy also confuses our enemy, since they never know whether we are coming or going.”
Elder also offers solutions for Obama on health care and global warming. It’s funny stuff. Sometimes ideas are funniest when they are almost true.
FLDS Child Custody Hearings – DNA Update
Filed under: General — DRJ @ 12:30 pm
The San Angelo Standard Times reports that DNA samples from the FLDS children and their parents takes 30-50 days to process and some results may not be available under 4 days after the hearings are scheduled to conclude:
“Technicians began taking samples for DNA testing this morning from YFZ Ranch children being kept at the San Angelo Coliseum, the Texas Attorney General’s office said today.
The agency said results from the tests will take 30 to 50 days to process for children and parents from the Fundamentalist Church of Jesus Christ of Latter Day Saints ranch near Eldorado.
If it takes the full 50 days, the results will not be available until June 9, four days after the 60-day custody hearings must be completed.”
The technicians are taking DNA samples and photographs to help authorities match samples to the children.
L.A. Times: Patterico a “prominent Angeleno” who weighs in on Special Order 40
Filed under: Deport the Criminals First,Dog Trainer,Public Policy — Justin Levine @ 12:17 pm
[posted by Justin Levine]
Perhaps he is too bashful to admit it, but Patterico’s favorite newspaper labels him as a “prominent Angeleno” in today’s edition which asks several people their views on Special Order 40 in Los Angeles. (His actual views on the subject are well worth reading too – apart from the side issue of what he is labeled as.)
[Justin Levine]
Comments Off on L.A. Times: Patterico a “prominent Angeleno” who weighs in on Special Order 40
Filed under: Economics,Miscellaneous — DRJ @ 11:57 am
It’s getting harder to gain admission to elite colleges, especially this year in which there are a record 3.3 million high school graduates and 60-65% are going to college.
Take the case of Navonil Ghosh, an Austin, Texas, magnet high school senior who scored perfect scores on the SAT and ACT, is 4th in his class, plays the piano, has a black belt in Kung Fu, and has more than 400 hours of volunteer time. Yet his applications were rejected at Stanford, MIT, Harvard, University of Pennsylvania, Princeton and the University of Texas Plan II honors program. Ghosh was waitlisted at Yale and plans to attend either CalTech or Rice, where he was accepted.
Stories like this aren’t that surprising for those familiar with current college admissions. There are so many impressive applicants at elite colleges that schools can afford to be selective. In addition, because colleges emphasize the US News ranking factors such as yield (the percentage of accepted students that actually attend the college), private colleges want to admit only those applicants who are likely to attend.
Not only is demand up but the cost of college tuition is increasing faster than inflation or household income. Steven Pearlstein addressed rising costs last November in an article at the Washington Post:
“Part of the problem is that it’s virtually impossible to have a coherent conversation about an industry that takes in Harvard, East Podunk Community College and everything in between.
It’s also hard to bring economic logic to a market in which the product is usually sold at a loss, competition tends to push prices higher rather than lower, and at many schools, half the customers are forced to subsidize the other half.”
Pearlstein identifies several problems that are contributing to spiraling tuition costs, including the financial assistance race to entice better students and the fact that demand for college is growing faster than supply.
Growing tuition costs have caused some applicants and parents to reconsider the benefits of an elite college education. As a result, lower-cost colleges and state schools may be benefiting from the increased competition and costs at elite colleges, although costs are going up there, too.
Of course, there will always be colleges like the University of Colorado that are attractive to applicants because of the special atmosphere:
“A crowd of about 10,000 people collectively began counting down on the University of Colorado’s Norlin Quadrangle just before 4:20 p.m. Sunday.
Yet the massive puff of pot smoke that hovers over CU’s Boulder campus every April 20 — the date of an annual, internationally recognized celebration of marijuana — began rising over the sea of heads earlier than normal this year.
Smoke-out participants — thousands of whom wore green or T-shirts promoting pot — climbed trees, played the bongos, snapped pictures and had miniature picnics. That, of course, after they sparked the weed they had come to smoke.
CU freshman Emily Benson, 19, of Kansas City, said she thinks the decriminalization of marijuana will become a hot topic in the upcoming political season and said she felt part of something bigger than just a smoke-out on Sunday.
“We’re at the starting point of a movement,” she said. “This is a big part of the reason I applied here — for the weed atmosphere.”
I’m sure Emily will have wonderful college stories to tell her children someday.
Obama’s Moral Hygiene
Filed under: 2008 Election — DRJ @ 9:10 am
Today, Steve Chapman of the Chicago Tribune editorial board notes William F. Buckley, Jr.’s “stalwart insistence on moral hygiene” in which “he rejected the temptation to join forces with anti-Semites, the John Birch Society and other extremists.” Chapman then examines the relationship between Obama and William Ayers, his “terrorist acquaintance:”
“Obama minimized his relationship by acknowledging only that he knows [William] Ayers. But they have quite a bit more of a connection than that. He’s appeared on panels with Ayers, served on a foundation board with him and held a 1995 campaign event at the home of Ayers and his wife, fellow former terrorist Bernardine Dohrn. Ayers even gave money to one of his campaigns.
It’s not as though Ayers and Dohrn have denied or repudiated their crimes. After emerging from years in hiding, they escaped federal prosecution because of government misconduct in gathering evidence, but they don’t pretend they were innocent. In 2001, Ayers said, “I don’t regret setting bombs. I feel we didn’t do enough.”
Dohrn has likewise rationalized the explosions, claiming that “our acts of resistance were tiny and symbolic.” She even went to prison for refusing to testify about an armored-car robbery involving her confederates. That crime was not tiny or symbolic to the two police officers or the security guard who were shot to death in the process.
All this is public record, and Barack Obama would have to be in a coma not to know it. Yet he showed no qualms about consorting with Ayers and Dohrn.
It’s hard to imagine he would be so indulgent if we learned that John McCain had a long association with a former Klansman who used to terrorize African-Americans. Obama’s conduct exposes a moral blind spot about these onetime terrorists, who get a pass because they a) fall on the left end of the spectrum and b) haven’t planted any bombs lately.
You can tell a lot about someone from his choice of friends. What this friendship reveals is that when it comes to practicing sound moral hygiene, Obama has work to do and no interest in doing it.“
It must sting for a liberal to be compared to William F. Buckley, Jr., and not measure up.
Federal Government Can Regulate Employees’ Political Activities At Home?
Filed under: Civil Liberties,Constitutional Law,General — Patterico @ 12:06 am
At the Washington Post, Stephen Barr has a piece about the Hatch Act and federal employees. Barr describes the Hatch Act in this way:
The law prohibits federal employees from engaging in political activity while on duty, wearing campaign buttons in the office and putting campaign bumper stickers on a government car. It also bans soliciting, accepting or receiving political contributions, and prohibits employees from using their official positions to influence or interfere with an election.
Most of the piece describes the sanctions that federal employees face for using federal work equipment to electioneer; this seems noncontroversial and completely constitutional. But I am disturbed by the notion that the Hatch Act also regulates what federal employees can do at home, on their own time:
Blogging about politics at work falls into the don’t-do category, but blogging from home may also get a federal employee in trouble.
Presidential campaign Web sites, for example, encourage supporters to create blogs on the site to advocate the candidate’s positions. They also usually carry a link for campaign donations, and that can be trouble for a federal employee, even when using a home computer. The OSC may view the donate button as soliciting for political contributions, another no-no under the Hatch Act, and set off an investigation.
Wow. So if you’re a federal employee, the federal government can prevent you from soliciting political contributions for your preferred candidate? Even when you’re at home, on your own time, using your own communications equipment?
I’m no expert on election law, but my non-legal gut reaction is that this is inconsistent with the First Amendment.
Tell me where I’m wrong.
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Atomistry » Nickel » Application
Application »
Nickel Applications
Nickel is used in many industrial and consumer products utilizing its properties to provide corrosion and hot-resistance to steels and other alloys. Because of its permanence in air and its inertness to oxidation, it is used in coins, for plating iron, brass, etc., for chemical apparatus, and in certain alloys, such as Monel metal (Ni, Cu, Fe, Mn), commonly used in manufacturing of chemical apparatus, shipbuilding, settlers and lids production; nichrome and chromel used in wire with a melting point that will give high performance, particularly suited to heavy duty rheostats and controls that require compact resistance; invar (Ni, Fe), known for its unique properties of controlled coefficient of thermal expansion (CTE), due to which it is used in precision instruments (clocks, physics laboratory devices, seismic creep gauges, shadow-mask frames, valves in motors, antimagnetic watches, etc.); permalloy (Ni, Fe), it has a high magnetic permeability, low coercivity, near zero magnetostriction, and significant anisotropic magnetoresistance; for this reason it is widely used for fabricating the thin pieces that are laminated to form transformer cores, sea cables and power transmission. Nickel silver is a metal alloy of a copper with nickel and often but not always zinc became popular as a base metal for silver plated cutlery and other silverware. Nickel is widely used in the production of coins; its industrial and technical uses include marine fittings and plumbing fixtures for its corrosion resistance, and heating coils for its high electrical resistance. Alnico (Al-Ni-Co-alloy) make strong permanent magnets, and can be magnetized to produce strong magnetic fields.
Nickel is also used for anti-corrosive and decorating plating, in which it is often replaced by chromium, and as a green tint in glass.
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N.F.L. Players May Have an Ally in Their Protests: Labor Law
From today’s New York Times by Noam Scheiber: As National Football League team owners consider President Trump’s call to fire players who refuse to stand for the national anthem, they have stumbled into one of the most consequential debates in today’s workplace: How far can workers go in banding together to address problems related to their employment?
In principle, the answer in the N.F.L. and elsewhere may be: Quite far.
To the extent that most people think about the reach of federal labor law, they probably imagine a union context — like organizing workers, or bargaining as a group across the table from management.
As it happens, the law is much more expansive, protecting any “concerted activities” that employees engage in to support one another in the workplace, whether or not a union is involved. The National Labor Relations Board and the courts have defined such activity to include everything from airing complaints about one’s boss through social media to publicly supporting political causes that have some bearing on one’s work life.
The league’s operations manual says players must be on the sidelines during the anthem and should stand. While the law might not bear on whether an individual player can kneel during the anthem, many experts say it could protect players from repercussions for making such a gesture together — or taking other action — to show solidarity on the job.
And as unionization continues its decades-long decline, some believe that these alternative forms of taking collective action may be crucial to enabling workers to speak up.
This entry was posted in #WorkRight, corporate governance, labor unions, POTUS, protests, racial inequality, Trumpism, worker rights and tagged #BlackLivesMatter, Donald Trump, NFL by admin. Bookmark the permalink.
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Rhetoric and Research 02a: Argumentation 2
You are here: Home Rhetoric and Research 02: Argumentation Rhetoric and Research 02a: Argumentation 2
The Rhetorical Appeals
When we talked about the stases, we talked about the types or classifications of arguments or disagreements that characterize a debate. But how are specific arguments created? How does a writer (or speaker) reach out to his or her audience and create an effective argument in a given stasis? How does a writer convince his audience on a point of fact? On the validity of a particular course of action?
Many arguments are built around what the ancient Greek philosopher Aristotle called the three primary types of rhetorical appeals: ethos, pathos, and logos. Roughly translated, these terms mean the following:
Ethos: an appeal based on the person of the arguer, on credibility and likeability
Pathos: an appeal to the emotions of the audience
Logos: an appeal to the intelligence or sense of logic in the audience.
Each of these three methods of reaching out to an audience has its strengths and weaknesses, and good, sophisticated arguments often make use of more than one type of appeal at once.
Ethos-based, or “ethical” arguments draw their power from the credibility and likeability of the person doing the arguing. Arguments based in this appeal seek to build a relationship of trust between the writer and reader, or the speaker and his audience. We are generally more likely to be persuaded by a person who seems trustworthy and likeable, rather than someone who, while “correct,” might come off as sneaky, angry, or not inviting.
Consider the following problem: when buying a car, what kind of salesperson do you best respond to? Are you more likely to respond to someone who seems genuinely concerned about you and with what you want out of your automobile? How effective would this person be compared to someone who is rude, cold, or “shifty,” if he offers the same product at the same price? Which salesman are you more likely to believe when he tells you about the features, benefits, and durability of the car he’s selling?
Politics often revolves around questions of ethos. Many people vote for politicians with whom they might disagree on policy matters (if indeed they understand or follow such things) because the candidate “seems like a nice guy” or that he’s “someone [they’d] like to have a beer with.” The candidate’s image is everything: George W. Bush projected an image of down-home friendliness; Barack Obama projects one of hopeful optimism and youth. And both politicians use that image to get what they want in the political arena.
Advertising often works on the same principles: many ads (which are, after all, simply very short arguments to buy a product) use a spokesperson that is meant to be likeable, respectable, reasonable, or even funny. Apple computer, for example, uses two different spokespeople to represent “Mac” people—a hip young actor—and “PC” people, a frumpy, middle-aged management type. Each spokesperson carries with them a certain projection of their personality, which helps sell the product.
Two Types of Ethos: Extrinsic and Intrinsic
Ethos can be divided into two main types: extrinsic and intrinsic. Extrinsic ethos means ethos “outside” the speaker; this can be considered the speaker’s reputation or the audience’s pre-existing knowledge of or disposition toward the speaker. An arguer’s extrinsic ethos can vary, though, depending on what the subject is; one might be a very credible speaker, with very high / positive extrinsic ethos on one subject, but have very low credibility or ethos on another. Here are some examples:
Barack Obama: More needs to be done by western democracies such as the United States and Great Britain to stabilize governments in Iraq and Afghanistan before the U.S. can withdraw its forces.
What kind of expertise does Obama have in this subject matter? What does his reputation suggest he knows about this? How does the fact that Obama is the President of the United States affect the credibility of his statement? To see the concept of extrinsic ethos in action, let’s put the same statement in the mouths of some other speakers:
NBC News anchorperson Savannah Guthrie
YouTube Personality Logan Paul
Former U.N. Secretary General Kofi Annan
Peter Griffin, of Family Guy
How does our perception of the speaker alter our understanding of the argument that he or she is making? What do we look for in a commentator on serious matters of foreign policy? What are the qualities that define a “credible” speaker on this subject?
Similarly, our perception of a writer / arguer’s extrinsic ethos is also dependent on the particular subject matter. Peter Griffin, the oafish dad from Family Guy might have little credibility when talking about national security issues, but would have much more credibility when evaluating the qualities of certain brands of beer, the best buffet dinners available in Quahog, Rhode Island, or the benefits of having a family dog. This can also cut the other way: former president Bill Clinton, for example, is a recognized leader in foreign policy circles, but has extremely low believability / credibility in his personal life. While we might believe him when he is talking about the need for economic incentives for development in the Balkans, we are far less likely to find his words credible if he is denying an extramarital affair or giving advice on how to have a good marriage.
Ethos is not always a “fair” process: sometimes one’s reputation—or even a stereotype or prejudice—can bias his or her audience against what he or she may be arguing / reporting. Lawyers, for example, often select witnesses to testify in certain cases based on not only what they saw or heard, but on how believable their story might be to a jury. How might a prosecutor approach an assault case if his sole witness was a prostitute who happened to be working in the area when the assault happened? Or if his witness had a history of drug problems? Or was homeless? Would it be different for the prosecutor if his witness was a suburban soccer mom? A member of the clergy? Audience perception matters here. The testimony of these people might be valid and truthful, but their audience might be biased for or against them because of their extrinsic ethos.
Advertisers also make use of ethos: they choose famous people who have credibility in subjects related to their product to serve as endorsers and spokespeople. Basketball players, like Michael Jordan or LeBron James, are used to endorse basketball shoes; respected or likeable actors sell life insurance or low-fat margarine; Jersey Shore cast members pour exotic shots at popular nightspots; NASCAR drivers appear in commercials singing the praises of particular automotive products. The very act of endorsement plays upon what the audience knows about the spokesperson, and is invited to “trust” that their judgment is valid.
Publications also have extrinsic ethos: the fact that a piece of writing appears in a particular publication may affect how readers respond to it—and again, the subject matter counts. What would be the extrinsic ethos of the following publications? On what subjects would they be most likely to feature credible material? Look up the publications on the internet if you are unfamiliar with them. In making your determinations, you should consider things such as the audience of the publication, the subject matter the publication covers, the writers who contribute material to the publication, and the level of education required to understand the articles in the publication.
The New England Journal of Medicine
General Impression:
Areas in which writing appearing in it would have positive extrinsic ethos
Dog Fancy Magazine
Highlights for Children Magazine
The Weekly World News
Critical Studies in Television
Intrinsic Ethos
While “extrinsic” ethos is the ethos that comes from an arguer’s reputation—factors “outside” the arguer’s writing, internal ethos is, as one might guess, ethos that comes from “inside” the argument. What this means is the impression of the writer’s credibility as demonstrated in the tone, approach, organization, logic, and reasonability of the writing itself. To be effective, writers need not only be “right” in what they say, but they must present a vision of themselves as credible sources on their subject matter. Audiences are persuaded most effectively by writers with whom they feel a sense of connection, respect, and trust.
But how does one present a positive image of oneself through writing? In short, one does this by writing well and respecting both the audience’s values and the views of other people, even the opposing sides in the debate.
Writing Well: Ethos and Grammar, Logic, and Style
This is, of course, more difficult than it sounds. To “write well” means to use a language, style, and tone appropriate for the rhetorical situation, and also to present one’s ideas clearly, logically, and directly.
In the section on “audience” we covered the importance of understanding what expectations your audience would have for a piece of writing, and how those expectations might differ under different circumstances. A quick text message to a friend, for example, is governed by far different rules of language and grammar than is a formal letter to one’s employer or an academic paper. An essay for one’s political science class, for example, may say the “right” things and may have valid points. If that essay, however, is riddled with grammatical problems, such as misused verb tenses, or with typographical errors, it is far less effective in presenting a positive image of the writer. Instead of a thoughtful and “correct” analysis of the subject, the writing seems to be produced by someone too lazy to use spell-checker or to proofread properly. Or, even worse yet, the writing conveys a sense to the reader that the writer doesn’t grasp basic grammatical concepts, which is catastrophically damaging to the writer’s credibility. Here’s a real-world example, from a resume’ submitted to an employer. What does this resume’ suggest about the writer who composed it? What could be changed here to present a more positive image of Ms. Greengarden?
Estella Greengarden
2144 East View Terrace
443-XXX-1234
To get a office job that pay me money for college educataiton
Millard Fillmore Highschool, Lakewood, MN, 1994
2005-present: Customer servic representative, George’s Meat
Assist with input customer orders in computer, update system with delivery schedule, talk drivers and supervise warehouse people
1995-2004: Customer service Assistant, Welltown Food Distributors
Do boring data entry, help customer with orders on phone, work wharehouse when they need me
1994-1995: Front end worker, McDonagle’s Restaurant
Take order from customers, put food on trays, clean up at end of shift
Or, consider the email sent to the professor earlier:
Hey Prof:
My computer is on the blink again and I can’t submit ur Engl101 paper on time. You think it would be ok if I brought it to you printed out? I have it on my flashdrive and can print from the school’s comp lab on Tues. Bye!
Student X
What is the impression of the writer that such a piece of writing conveys? What does the lax, casual tone and the “texting” language say about a.) who the writer is and b.) how they are approaching this particular writing task?
But presenting writing using the appropriate language and grammar is not enough to present the audience with a positive vision of the writer. The writing must be clear, logical, and well-organized—as all good writing is—and maintain a respectful tone toward the subject matter, and even toward those within the debate with whom the writer might disagree. Writers build effective intrinsic ethos by showing a mastery of their own views—and a respect for the others involved in the debate. Consider the following example, one that is in the right language and uses the right language for the situation, but has a tone and respect problem:
Handguns should be banned in Baltimore immediately. These things are responsible for our kids dying at a truly frightening rate. The FBI Violent Crimes Index for this year shows that murders and assaults with handguns are at their highest level in twenty years! Last week, a twelve-year old boy was struck and killed by a bullet fired by one of the lowlifes that sees the streets of this city as the OK Corral. It’s got to stop, and the lunatics from the National Rifle Association and their allied special interests just don’t get it: they would rather keep assault rifles in the hands of criminals and scumbags than do anything about the violence problems in our inner cities. Nelson Cruk, president of the National Rifle Association said, in particularly idiotic statement, that “The 2nd Amendment is absolute on this point—the government can’t regulate guns” (Cruk 234).
The above passage has some things to commend it—the writer has constructed some good sentences, and the point is very clear. BUT, the tone lapses into the casual and even insulting (“lowlifes,” “scumbags,” “lunatics”), which undermines the things the writer is trying to accomplish. Here the writer comes off as committed, but also angry, and overly ready to turn the argument into a personal attack on her opponents. Consider a similar passage that doesn’t take a turn for the personal:
Handguns should be banned in Baltimore immediately. According to the FBI Violent Crimes Index, this year was one of the most violent we have had here, in terms of handgun-related murders and assaults. Just last week, a twelve year old boy was killed by a stray bullet, most likely fired by an illegal handgun. While Nelson Cruk, president of the National Rifle Association is well within his rights to argue that “the 2nd Amendment is absolute on this point—the government can’t regulate guns” (Cruk 234), I respectfully disagree. The actual text of the 2nd Amendment to the Constitution is a bit more vague—it connects the people’s right to keep and bear arms to service in “a well-regulated militia.” As there are no “well-regulated militias” in Baltimore City, it seems that the law allows for some regulation of weapons. Given the crisis we are in as a city, we desperately need to get some of these guns off the streets.
What are some of the major differences between how these two arguments are made? What has the writer done in the revised version that conveys a more reasonable, measured, likeable persona? How does the writer treat those with whom she disagrees?
Both passages above are “correct” in their use of grammar, a basic requirement for almost any formal writing task. But the second passage is far more respectful to the views of the NRA president; the passage refrains from calling him “idiotic” and implying that her opponents are stupid or misinformed. Instead, the writer notes, and accurately assesses the NRA position, but points out where it diverges with her own. It also omits the language that casts criminals as “lowlifes” who treat the city as a firing range or a shootout scene from a Western movie.
Arguments based in pathos, or “pathetic” appeals, are appeals to the emotions of the audience. Emotions here, however, is a broad term. It refers to not just the innate feelings that the audience has, but also to that audience’s sense of self-interest, values, identity, and even their biases and predispositions. Arguments to these elements in our human nature are extremely powerful—they are at times explicitly not rational: they often speak to the things that we feel or believe in our core, but do not say out loud. Because of their intense power—power based on feeling rather than thought—“pathetic” arguments have often been decried (sometimes justly) throughout history as “cheating” one’s way out of an argument.
When one’s younger sibling, for example, pleads with his older brother to have mercy and not to tell mom and dad on him for breaking a picture frame, he uses pathos, appealing to his brother’s sense of mercy. Similarly, when a student asks a professor, in tears, for an extension on a paper because her house was broken into and all her possessions stolen, she appeals to the professors sense of fairness and sympathy.
Examples often come up in personal relationships: when a boyfriend wants something from his significant other, he might say “I love you” in order to get it; conversely, one might hear “If you love me, you’ll do X or get X for me . . .” These are pathos-based appeals.
Guilt is also a pathetic appeal, and often a very effective one. When a parent asks for a child to do something, he might play up the emotional importance of it for the child’s own welfare, or mention how much the parent wanted the task done, or even all he has done for the child in the past. The audience’s sense of guilt and responsibility is in play here.
But pathos also has a darker connotation: arguments targeting or eliciting hatred of a specific racial or ethnic group are often based in an extremely powerful emotion—fear. Hitler’s devastating propaganda campaign against the Jews in Europe, which of course led to the extermination of millions, played on the European fear of “the Jew.” Likewise, segregationists and racists in the American South used fear, usually sexualized, of Black men to garner support for racist policies and Jim Crow laws. We can see the same discourses operating now, when people campaign against homosexual rights as “unnatural” or a product of Satan’s handiwork: often these people propagate myths about gay people being perverts or sexual predators.
But the ease of misuse of pathos does not disqualify it from being a useful rhetorical tool. Strategically appealing to the feelings one’s audience has about a certain subject, paired with good writing and solid evidence, can enhance the effectiveness of one’s writing exponentially.
Consider the following passage from a speech given by the famous General George S. Patton to his troops just before a major battle in World War II:
Men, this stuff that some sources sling around about America wanting out of this war, not wanting to fight, is a crock of bullshit. Americans love to fight, traditionally. All real Americans love the sting and clash of battle.
You are here today for three reasons. First, because you are here to defend your homes and your loved ones. Second, you are here for your own self-respect, because you would not want to be anywhere else. Third, you are here because you are real men and all real men like to fight. When you, here, every one of you, were kids, you all admired the champion marble player, the fastest runner, the toughest boxer, the big league ball players, and the All-American football players. Americans love a winner. Americans will not tolerate a loser. Americans despise cowards. Americans play to win all of the time. I wouldn't give a hoot in hell for a man who lost and laughed. That's why Americans have never lost nor will ever lose a war; for the very idea of losing is hateful to an American.
You can see here that the General appeals to a couple of key feelings that the audience—American soldiers getting ready to go into battle—might have. He appeals to their sense of identity and patriotism: Americans like this, Americans are like that. He also appeals to their sense of male ego: real men, he argues, like to fight. Who wants to be a “fake” or feminized man?
Likewise, consider this key passage from Martin Luther King’s famous “Letter from a Birmingham Jail,” where he argues to Alabama clergymen about the need for immediate action for Civil Rights in the South:
We have waited for more than 340 years for our constitutional and God given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we still creep at horse and buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six year old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five year old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you are forever fighting a degenerating sense of "nobodiness"--then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair.
King here plays upon some key emotions present in his audience—where does he do this? Identify in the space below at least three places in which King attempts to generate an emotional response from the people to whom his argument is directed, and which emotions to which he appeals. Remember: this letter was written to those members of the clergy who criticized King’s nonviolent campaign in Birmingham, telling him that he should wait for the Birmingham government to take action on issues of Civil Rights.
Emotional Appeal 1:
Exercise: Pathetic / Emotional Appeals
For each of the following passages, identify which emotions the author is attempting to elicit in his or her audience:
If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer. It's the answer told by lines that stretched around schools and churches in numbers this nation has never seen, by people who waited three hours and four hours, many for the first time in their lives, because they believed that this time must be different, that their voices could be that difference. It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Hispanic, Asian, Native American, gay, straight, disabled and not disabled. Americans who sent a message to the world that we have never been just a collection of individuals or a collection of red states and blue states. We are, and always will be, the United States of America. (Barack Obama, 2008)
Emotions:
No, I'm not an American. I'm one of the 22 million black people who are the victims of Americanism. One of the 22 million black people who are the victims of democracy, nothing but disguised hypocrisy. So, I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or a flag-waver -- no, not I. I'm speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare. (Malcolm X, 1964)
Martin Luther King dedicated his life to love and to justice between fellow human beings. He died in the cause of that effort. In this difficult day, in this difficult time for the United States, it's perhaps well to ask what kind of a nation we are and what direction we want to move in. For those of you who are black -- considering the evidence evidently is that there were white people who were responsible -- you can be filled with bitterness, and with hatred, and a desire for revenge. We can move in that direction as a country, in greater polarization -- black people amongst blacks, and white amongst whites, filled with hatred toward one another. Or we can make an effort, as Martin Luther King did, to understand, and to comprehend, and replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand, compassion, and love. For those of you who are black and are tempted to fill with -- be filled with hatred and mistrust of the injustice of such an act, against all white people, I would only say that I can also feel in my own heart the same kind of feeling. I had a member of my family killed, but he was killed by a white man. But we have to make an effort in the United States. We have to make an effort to understand, to get beyond, or go beyond these rather difficult times. (Robert F. Kennedy, “Remarks on the Assassination of Martin Luther King, Jr.,” 1968)
Fans, for the past two weeks you have been reading about a bad break I got. Yet today I consider myself the luckiest man on the face of the earth. I have been in ballparks for seventeen years and have never received anything but kindness and encouragement from you fans. Look at these grand men. Which of you wouldn’t consider it the highlight of his career just to associate with them for even one day? Sure I’m lucky. When the New York Giants, a team you would give your right arm to beat, and vice versa, sends you a gift - that’s something. When everybody down to the groundskeepers and those boys in white coats remember you with trophies -- that’s something. When you have a wonderful mother-in-law who takes sides with you in squabbles with her own daughter -- that’s something. When you have a father and a mother who work all their lives so you can have an education and build your body -- it’s a blessing. When you have a wife who has been a tower of strength and shown more courage than you dreamed existed -- that’s the finest I know. So, I close in saying that I might have been given a bad break, but I've got an awful lot to live for. (New York Yankees First Baseman Lou Gehrig, after being diagnosed with a terminal illness, “Farewell to Baseball Address,” 1939)
Logos refers to the strategy of appealing to the audience’s intelligence or intellect, using logic and evidence. In many ways, what people usually consider an “argument” is usually a set of claims and evidence based on logos. When we cite definitions, establish causal relationships, suggest parallels, comparisons, or analogies, or use testimony or other evidence, we are appealing to their audience’s sense of logic.
When a scientist, for example, uses chemical data to make the claim that the presence of a particular chemical is harming the fish in a local lake, she is arguing logically. When a judge asserts that a defendant’s actions fit the definition of a certain crime, he argues via logic. Similarly, when a student cites an expert on the causes of adolescent crime in an English 101 paper, she makes use of logos. There are many logical lines of argument; some of these are called the Common Topics, which we will discuss in the next section.
Lines of Argument: Aristotle’s Common Topics
Logical arguments often follow particular patterns or templates; these patterns, which are very old, even dating back to ancient Greece, provide a strategy for arguers to build persuasive arguments. There are four basic Common Topics, according to the philosopher Aristotle; these Common Topics are “starting places” for arguments. The four Common Topics are as follows: Argument by Definition, Argument by Cause and Consequence, Argument by Comparison or Analogy, and Argument by Testimony and Authority.
Argument by Definition
When people argue using the Common Topic of Definition, they assert that something — an idea, a thing, an action — fits or does not fit into a particular category or classification. It essentially “labels” the subject as has having certain qualities associated with that classification. Here is an example:
Marriage is not a full-contact sport.
Here, the writer claims that there is a class called “full-contact sports”— violent, competitive sports like football and hockey, and that the concept of “marriage” should be excluded from that class. The overall argument is that marriage should not be violent or competitive, but rather governed by other rules, such as sensitivity and cooperation. The argument could be further developed here by citing reasons and evidence why this definition should apply.
A slightly different example might be something like the following:
The Saw franchise is a perfect example of the “torture porn” genre of horror movies.
The writer in this statement has established the class of “torture porn”--with all its associated meanings (which are presumably negative)--and fits the Saw movies into it. In developing this argument, the writer may establish all the qualities of a “torture porn” film and discuss how Saw features them.
Political writing often makes use of the Argument by Definition. Here are some simple examples:
A vote for Abraham Johnson is a vote for lower taxes and smaller government.
To support my opponent is to support terrorists.
Senator Kelly’s vote against the Ohio Farm Subsidy bill is a shameless and cynical political stunt.
Argument by Cause and Consequence
The tactic of establishing a causal relationship in an argument is one of the most popular and effective means of argumentation available. Arguments citing the cause or consequences of something are common in many forms of discourse. These can range from relatively simple arguments:
Smoking cigarettes leads to an increased risk of lung and throat cancer.
To far more sophisticated formulations:
The consequences of procrastination for college students can be devastating: a lower rate of academic success, a higher dropout rate, and less retention of learned material.
Foreclosure is caused by several determining factors: the terms of the original loan, the employment status of the borrower, and the aggressiveness of the financial institution in pursuing the property.
Rampant speculation, extreme levels of bank leveraging, and unregulated trading in complex financial instruments led to the near-depression of 2008.
Much advertising also relies on implied cause and consequence arguments. Advertisements for body lotions, beauty products, and weight-loss supplements imply that using their product will enhance the quality of the user’s life. Similarly, advertisements for athletic gear—particularly shoes—often promise to improve the purchaser’s performance in their chosen sport.
To develop these arguments effectively, one must describe the relationships that the argument sets up: if the writer claims that smoking causes cancer, he must provide evidence, like facts, expert opinions, or other evidence (like credible statistics) to ensure that the audience sees the connection. Lots of description of the elements of cause (or the consequences) and the reasoning linking the two needs to be provided to the audience in order to make the argument work.
Argument by Comparison or Analogy
This strategy of argumentation is when the arguer uses a parallel situation or idea to persuade his audience of the validity of his claim, i.e., that his point is like something else, building a connection between the two ideas in the mind of the reader. This tactic can work in many ways and in support of many kinds of arguments (i.e., in many of the stases).
Analogies can provide clarity for definitions or descriptions:
The smallpox virus is like a shapeshifter, rapidly adapting to and consuming any organism it comes in contact with.
[Investment bank] Goldman Sachs: a great vampire squid wrapped around the face of humanity relentlessly jamming its blood funnel into anything that smells like money (Matt Taibbi, 2009).
Films like Saw and Hostel are like pornography for those obsessed with violence rather than sex.
They can also describe causes and predictions:
Heroin is like an epidemic causing the disintegration of American inner cities.
Education works like a magic bullet to improve the lives of disadvantaged youth.
The United States will most likely fail to achieve its military objectives in Afghanistan, just as the Soviets and British failed before.
Clarify evaluative statements:
Like all the horrible summer movies before it, Transformers 5 is all spectacle and no substance.
The new album by Bright Sky Singers is an instant classic, reminding this reviewer of the best recordings of Bob Dylan.
And validate or support particular courses of action:
Homeowners should not put fertilizer on their lawn; it over-saturates it with nutrients, like putting sugar on candy.
Cutting taxes during wartime is like emptying a car’s gas tank before a big trip.
Not going to class is like paying for groceries and then throwing them away.
Arguments by Testimony and Authority
Arguments using Testimony and Authority are based on the credibility or the ethos of others: experts, witnesses, authorities, organizations, publications, groups, or even popular opinion. When writers appeal to audiences using testimony or authority, they use the judgments or perspectives of others to provide evidence for their argument.
A writer might cite a famous philosopher or politician when advocating for a certain policy position, or may quote from a respected text (like the Bible, the Koran, or the Declaration of Independence) or publication (like the New York Times or Journal of the American Medical Association) to lend credence to his opinion on a particular controversy: all of these tactics use others to make the case.
Think of this as analogous to a lawyer calling a witness in a trial: the lawyer will present to the jury people whose comments will support her case. She might call a biologist to either confirm or dispute DNA evidence, a psychologist to discuss the defendant’s state of mind, and witnesses to confirm that the defendant was elsewhere when the crime was committed. Similarly, the other side may call eyewitnesses or their own scientific experts to dispute the lawyer’s arguments.
Likewise, advertisers use this idea all the time: by borrowing the credibility of respected voices in their fields, companies can persuade their audience to use their product. They might argue that 9 out of 10 dentists agree that Brand X toothpaste is the most effective, or that Dr. X, a respected authority from a weekday talk show, really believes in PainAway for everyday aches and pains. Celebrity endorsements work the same way: Reebok, Nike, and the other major shoe manufacturers are always looking for famous athletes to certify their shoes as the best in the world.
When arguing by testimony and authority, however, it is important to realize that this tactic demands far more than simply “finding a source” that agrees with or supports your point. Arguers must look for the most appropriate sources for their audience, and remind that audience of the source’s ethos. It does no good to quote Bertrand Russell to an audience without reminding them who Bertrand Russell is and why they should care; it does no good to quote a respected foreign policy analyst writing in Foreign Affairs magazine without attributing the quote to that analyst and using her credibility to support one’s argument.
There are many variations of Testimony and Authority-based arguments. Some use the authority of popular opinion to make a case:
Fifty million Jay-Z fans can’t be wrong: the man is phenomenal. [Quality]
Las Vegas, Nevada welcomes millions of tourists each year: come see why! [Action]
Three-quarters of adults in Washington, DC support same-sex marriage legalization; we should pass this now. [Action]
Others use expert or academic opinions:
Dr. Willis Ostendarp of the Extra-Terrestrial Research Alliance (EXTRA) argues in his book Star Thinking that there “is a high probability of intelligent life on other planets . . . but it is equally unlikely that we will ever come into contact with it.” [Fact & Definition]
Psychologist Baron Kalzinsky suggests that there are four distinct motivators for entrepreneurial activity: economic gain, desire for public recognition, social necessity, and idealism. [Causation]
Paul Krugman, columnist for the New York Times and a Nobel Prize winner, suggests that U.S. government deficits are far less of a pressing problem than the sluggish pace of growth in the domestic economy. [Quality & Evaluation]
Most climatologists agree that the earth is getting progressively warmer. [Fact & Definition]
Sometimes the “authority” being quoted is a text or book:
The Bible says that it is easier for a camel to pass through the eye of a needle than for a rich man to enter heaven. [Fact & Definition]
The ancient Hindu holy text the Bhagavad-Gita suggests that it is a soldier’s duty to fight in a righteous war. [Action]
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AIC Blog Archives: Conservators Converse
Former Blog of the American Institute for Conservation
Tag: wiki
42nd Annual Meeting – Digital Resources & Conservation Interest Session, May 31, "Charting the Digital Landscape of the Conservation Profession" by FAIC
What digital tools and resources do conservators use and create?
Who are the audiences for conservation content?
How can this content be delivered to these groups by digital means?
What kinds of digital tools, resources, and platforms will be needed as the profession continues to grow?
It is with the above questions that “Charting the Digital Landscape of the Conservation Profession,” a project of the Foundation of the American Institute for Conservation (FAIC), interrogates our profession’s origin, its role in this particular technological moment, and its propagation into the future with the aid of technology. As all AIC members have been made aware with the recent mailing, funding from the Mellon, Kress, and Getty Foundations is supporting FAIC in its investigation into the so-called “digital landscape” of the profession. This will help develop a baseline report on the discipline’s use of digital resources in order to better understand its breadth and complexity, and to identify areas critical to the community both now and into the future.
This session was the first in a series of planned forums designed to both map the digital landscape of the profession and to contextualize the data gleaned from the recent survey by discussing the tools currently used and their possible development in the future. An expert panel was brought together for brief presentations, after which there was a lengthy, free-form discussion amongst all attendees.
Please note: This post will err on the side of being longer: Although a report on the survey results will be published by FAIC, this interest session, which put so many experienced professionals and stake-holders in dialogue, is unlikely to be published as delivered. Additionally, many attendees voiced concern that the session was scheduled over many other specialty events, preventing stakeholders from attending to hear more about the project or to voice their concerns about the digital future of the discipline.
To those who are interested in the intimate details: Read on!
To those who would prefer to skim: Know that the FAIC’s report is expected in December 2014, and stay tuned for future forums in the “Digital Landscape” series.
And it goes without saying: If you have not yet participated in the survey, now would be a good time. Our research habits are changing. Help Plan the Digital Future of Conservation and Preservation!
2. Speaker: Ken Hamma (Consultant and Representative of the Mellon Foundation)
3. Speaker: Nancie Ravenel (Conservator at the Shelburne Museum)
4. Speaker: David Bloom (Coordinator of VertNet)
Introducing the session, Eric Pourchot, the FAIC Institutional Advancement Director, began by discussion the project and the initial survey findings. FAIC’s investigation, he said, seeks to identify the critical issues surrounding the digital tools and resources used to shape both the questions and answers concerning urgent need, target audience, and content delivery methods.
Foundation of the American Institute for Conservation of Historic and Artistic Works (FAIC)
He began by outlining five components of the project:
A review of existing resources
A survey of creators of digital resources as well as of the end users
Meetings (and phone interviews) with key stake holders
Formulation of recommendations, priorities, and conclusions
Although I halted a bit at all of this business-speak about timeline and budget and reports and endgames, I was curious as to the initial results of the survey, which I did take. Additionally, the survey goal of identifying the major ways in which digital resources are created, used, and shared both now and in the future, gets at interesting problems and questions we should all ask ourselves.
Results from the Conservation Professionals Needs Survey, conducted by FAIC in 2009 with support from the Getty Foundation.
560 responses to the professionally-designed survey had been completed by the date of the presentation, so, Eric emphasized, the data is still very preliminary. More international participation will be sought before the survey closes and the data is analyzed for accuracy and for various statistical “cross-tabs” by the contracted company.
“Searches For Professional Information Online.” FAIC Preliminary Survey Data, 2014.
Of the population queried, two-thirds go online regularly, and one-third logs on daily. When asked to list the sites most consulted, 30% listed CoOL/DisList as their primary resource, 30% listed Google, and 13% named AIC/JAIC. AATA/Getty, CAMEO, CCI, JSTOR, BCIN, NPS, Wikipedia, and AIC Specialty Groups were present in three-fourths of the fill-in responses.
Having this many great choices mean there are lots of places to search!
When asked for the success rate of finding information on a certain topic, those searching for information on Preventive Conservation, for environmental guidelines, for material suppliers, as well as for disaster planning information were successful more than half the time. Unsurprisingly, when it was treatment information that was sought, more than half of the users were unsuccessful. To qualify the lack of “success” of a search, 70% of users cited the lake of information specific to their exact needs. 49% are concerned that the information is not up-to-date. 43% cite concern about the reliability; and 32% were dismayed by the time it took to find the information.
“Problems Creating and Maintaining Digital Resources.” FAIC Preliminary Survey Data, 2014.
Eric expressed surprise that an archive of treatments topped the list of enhancements desired by the respondents. I do not remember if this was a fill-in question or what I personally responded, but this result did not necessarily strike me as surprising. Rather, I see it being in line with the lack of information on treatment procedures—both historic and current—that was noted in the above section of the survey.
From among the list of Digital Tools used most often, Eric noted the absence of collaborative spaces, such as Basecamp and Dropbox, from the list of image and document management tools, but suggested that maybe some forgot to list these oft-used programs, as they are not conservation-specific.
Finally respondents identified policy issues that were of most concern to them as obstacles to creating, sharing, and accessing content: Copyright/IP (Getty), Institutional/repository policies, time (?), and standards/terminology ranked high. It was unclear at first what was meant by the latter, but David Bloom’s talk (below) did a good deal to illuminate the importance of this.
Eric concluded by noting that although a web-survey platform does self-select for respondents with certain habits, sympathies, and concerns (i.e., those who access the internet regularly and seek to use it as a professional tool), the data represents a good range of age and experience. These groups can be correlated to certain responses; for example, 45-65 year-olds are more likely to search for collections info and are more interested in faster internet access and better online communication. Younger stakeholders, are searching more for professional information and jobs.
Again, be reminded that this data is very preliminary. A final report can be expected by December 2014.
2. SPEAKER: Ken Hamma
Ken Hamma then discussed the Mellon Foundation’s efforts in the areas of conservation and digitization, the goals and directions of these efforts, and their relationship to larger movements in the Digital Humanities.
An immensely appropriate choice to speak at this session, Ken Hamma is at once a consultant at Yale Center for British Art, the Office of Digital Assets and Infrastructure (ODAI) at Yale, ResearchSpace and the Museums and Art Conservation Program at the Andrew W. Mellon Foundation. He is a former executive director for Digital Policy and Initiatives at the J. Paul Getty Trust and has also served as a member of the Steering Committee of the Coalition for Networked Information (CNI), a member of the Reasearch Libraries Group (RLG) Programs Council of OCLC, and a member of the At-Large Advisory Committee of the Internet Corporation for Assigned Names and Numbers (ICANN).
In 2003, Hamma began his advocacy for the use of digital tools in conservation documentation, when a meeting was convened between a select number of institutional heads and conservators to feel out expectations of the Mellon in these matters—how best it should invest in the digitization of treatment records, how and if these should accessible, and by what audiences. This initial meeting was followed by the Issues in Conservation Documentation series, with a meeting in New York City in 2006 and in London in 2007. As the respective directors and heads of conservation of each host institution were present, this represented a recognition of the importance of institutional policy to what are fundamentally institutional records. Outcomes of these meetings were mixed, with European institutions being more comfortable with an open-access approach, perhaps due to the national status of their museums and the corresponding legal requirements for access. This was exemplified in the response of the National Gallery: The Raphael Project includes full scans of all conservation dossiers. Even NGL staff were surprised this became public! (More pilot projects resulting from this Mellon initiative are listed here).
Detail from Raphael The Procession to Calvary (c. 1504-5), photographed in both infrared and visible light (© Copyright. The National Gallery, London 2014).
In America, the Mellon began considering supporting digitization efforts and moving conservation documentation online: In 2009 it funded the design phase of ConservationSpace.org to begin imagining online, inclusive, and sustainable routes for sharing. Merv Richard of the National Gallery lead 100 conservators in the development of its structure, its priorities, and its breadth, presenting a discussion session at AIC’s 41st Annual Meeting, Indianapolis.
Important observations are being made when studying potential models, notably the similarities in which the National Park Service, libraries, natural science collections, etc. handle networked information. Although there were necessarily different emphases on workflow and information, there were also large intersections.
In the meantime, CoOL shows its age. It’s long history has necessitated a few migrations over hosts and models—from Stanford Libraries to AIC, and from Gopher to WAIS to W3. It is still, however, based on a library-catalogue model, in which everything is represented to the user as a hypertext (hypermedia) object. In such a system, there are only two options available: to follow a link or to send a query to a server. As important as this resource has been for our professional communication and for the development of our discipline, it lacks the tools to for collaboration over networked content. Having become a legacy resource, it is discontinuous from other infrastructures, such as Wikipedia (pdf), Hathi Trust, Shared Digital Future, and Google Books, all of which which point to a more expansive set of technological opportunity, such as indexing, semantic resource discovery, and linking to related fields.
Semantic matching result when comparing two example course catalogs. (Source: Semanticmatching.org)
Our discipline does not exist in a vacuum, and the structuring of our online resources should not show otherwise. Additionally, we need to be able to identity trustworthy information, and this is not a unique problem: We have to open ourselves up to the solutions that other disciplines have come to implement.
Ken encourages us to think of accessible data as infrastructure, which forces the creator to think about applications of the data. A web-platform should be more than just switches and networks! It should support collaborative research, annotation, sharing, and publication. This plat form should increase our ability to contribute to, extract from, and recombine a harmonized infrastructure that we fell represents us.
Planning for the extent of our needs and building it is not beyond a shared professional effort. We will find it to have been worth it.
3. SPEAKER: Nancie Ravenel
Nancie Ravenel, Conservator at the Shelburne Museum, former Chair of Publications and Board Director of Communications, works very hard to create and disseminate information about digital tools and their use to conservators. She is continuously defining the digital cutting-edge, at once “demystifying” conservation through outreach, embodying the essential competencies, and articulating the value of this profession. Her segment of the session provided an overview of key resources she uses as a conservator, noting how the inaccessibility of certain resources (e.g. ARTstor, ILL, and other resources requiring an institutional subscription) changes how she locates and navigates information.
The Round Barn at the entrance to the Shelburne Museum, VT. (Source: Shelburnemuseum.org)
“What does Nancie do in the digital landscape?,“ Ravenel asked. She makes stuff. She finds stuff. She uses and organizes what she makes and finds. And she shares what she’s learned.
Nancie divided her presentation of each function into four sections:
◦ Key resources she uses as a conservator
◦ Expectations of these resources
◦ What is missing
◦ and What remains problematic
In our capacity of makers of stuff, many of us, like Nancie, have begun to experiment, or are already proficient at, using Photoshop for image processing and analysis, experimenting with 3D images and printing, gleaning information for CT scans, producing video, and generating reports.
Where making stuff is concerned, further development is needed in the area of best practices and standards for createng, processing, and preservation of digital assets! We need to pay attention to how assets are created so that they can be easily shared, compared, and preserved. Of great concern to Ravenel is the fact that Adobe’s new licensing model increases the expense of doing work.
On the frontier of finding stuff, certain resources get more use from researchers like Nancie, perhaps for their ease-of-use. Ravenel identifies CoOL/CoOL DistList, jurn.org, AATA, JSTOR, Google Scholar/Books/Images/Art Project/Patent, CAMEO, Digital Public Library of America (dp.la), WorldCat, Internet Archive, SIRIS, any number of other art museum collections and databases (such as Yale University Art Museum or Rhode Island Furniture Archive) and other conservation-related websites, such as MuseumPests.net.
The pseudo-faceted search offered by Google Scholar, which collates different versions, pulls from CoOL, and provides links to all, is noted as being a big plus!
Although Google Scholar does not offer the same search functions as a licensed database, it can help you find articles to which you have access, and reports from places usually not indexed through institutions.
There is, however, lots of what Nancie terms “grey literature” in our field—which is not published in a formal peer-reviewed manner (such as listserv or post-print content, as well as newsletters, blogs, or video content). The profusion of places where content is available, the inconsistent terminology, and the inconsistent metadata or keywords (that which is read by reference management or that which facilitates search) applied to some resources are the most problematic when finding stuff.
As Richard McCoy has always insisted to us, “if you can’t ‘google’ it, it doesn’t exist,” Nancie reiterates a similar concern: If you can’t find it and access it after a reasonable search period, it might as well not exist. In the way of a list of what is harder to find and access she provides the following areas in need:
• AIC Specialty Group Postprints that are not digitized, that are inconsistently abstracted within AATA, or whose manner of distribution makes access challenging.
• Posts in AIC Specialty Group electronic mailing list archives are difficult to access due to lack of keyword search
• Conservation papers within archives often have skeletal finding aids; and information is needed about which archives will take conservation records.
• ARTstor does not provide images of comparative objects that aren’t fine art.
Any effort to wrangle these new ways of assembling and mining information using technology need to consider using linked resources, combining resources, employing a more faceted search engine, and deploying better search options for finding related objects. Research on changing search habits of everyone from chemists to art historians should help us along the way.
In her capacity as a user and organizer what she makes and finds, Nancie knows that not every tool works for everyone. However, she highlights digital tools such as Bamboo DiRT, which, as a compendium of digital-humanities research tools, works and synch across platforms, browsers, and devices, allows for exporting and sharing, and can allow you to look at your research practices in new and different ways. Practices to be analyzed include note taking, note management, reference management, image and document annotation, image analysis, and time tracking. Databases such as these offer structure for documenting and analyzing workflow; and if used systematically, they can greatly increase the scientific validity of any project over the mere anecdotal approach. For a large cleaning project, such as that undertaken with the Shelburne carousel horses, this is indispensable.
What is missing or problematic? A digital lab notebook is not ideal around liquids but is very suited to logging details and organizing image captures. These methods cannot measure the results of treatments using computational methods. Missing are also good tools for comparing, annotating, and adding metadata to images on mobile devices and well as for improved cooperation between tools.
And after all of this analysis of one’s use of digital tools, how is it best to share what one has learned? The AIC Code of Ethics reminds us that:
“the conservation professional shall contribute to the evolution and growth of the profession…This contribution may be made by such means as continuing development of personal skills and knowledge, sharing of information and experience with colleagues, adding to the profession’s written body of knowledge, and providing and promoting educational opportunities in the field.”
The self-reflexive exercise that Nancie Ravenel modeled in her talk—of analyzing personal use of digital tools and how personal needs and goals may reflect and inform those of others—will not only be indispensable to the future development of digital tools which will meet this call to share, but it contains in itself a call to share: Nancie asks, what do you use to share and collaborate with your colleagues. How may these systems serve as a model for further infrastructure?
Email, listservs, and forums; the AIC Wiki; research blogs, and project wikis enabling collaboration and peer review; document repositories like ResearchGate.net and Academia.edu; shared bibliographies on reference management systems like Zotero.org and Mendeley.com; collaboration and document-sharing software like Basecamp, Google Drive, and Dropbox; and social-media platforms allowing for real-time interaction like Google Hangouts are all good examples of tools finding use now.
Missing or problematic factors in our attempts to share with colleges include the lack of streamlined ways of finding and sharing treatment histories/images of specific artworks and artifacts; the lack of archives that will accept conservation records from private practices; and the persistent problem of antiquated IP legislation which is often confusing.
In addition to sharing information with other conservators, we must also consider our obligation to share with the public. Here better, more interactive tools for the display of complex information. As media platforms are ever-changing, these tools but be adaptable and provide for some evaluation of the suitability of the effort to the application.
4. SPEAKER: David Bloom
Described by Eric Pourchot as a “professional museophile,” David Bloom was a seeming non-sequitur to the flow of the event. However, as coordinator of VertNet, and NSF-funded collaborative project making biodiversity data freely available online, he spoke very eloquently about the importance of and the opportunities offered by data-sharing and online collaboration. He addressed issues of community engagement in digital projects, interdisciplinary collaborations, and sustaining efforts and applicability throughout these projects. As argued in the other short talks, conservation is yet another “data-sharing community” which can learn from the challenges met by other disciplines.
(Source: blog.vertnet.org)
As described by Bloom, VertNet is a scalable, searchable, cloud-hosted, taxa-based network containing millions of records pertaining to vertebrate biodiversity. It has evolved (pun-intended) from the first networked-information system built in 1999 and has grown over various revisions as well as by simple economies of scale—as the addition of new data-fields became necessary. It is used by researchers, educators, students, and policy-makers, to name a few. As the network is a compilation of data from multiple institutions, it is maintained for the benefit or the community, and decisions are made with multiple stakeholders under consideration.
Amongst the considerable technical challenges through all of its iterations, VertNet has struggled to establish cloud-based aggregation, to cache and index, to establish search and download infrastructure, and to reign in all associated costs.
Additionally, intellectual property considerations must be mentioned, as even though the data is factual (the information cannot be copyrighted), the data “belongs” to the host institution, as they are the historical keepers. As a trust, VertNet does not come to own the data directly. This made a distributed network with star-shaped sub-networks necessary, even though it was expensive to maintain, especially for a small institution, requiring many servers with many possible points of failure. Once one point failed, it was difficult to locate. Costing about 200k/yr, this was an expensive system to maintain, and although it was still the best and most secure way to structure the network, it was not as inclusive as it could have been for its expense.
Centralized (left) and decentralized (right) network schemas (Source: maelstromlife.files.wordpress.com)
There are always social challenges to building such “socio-technical networks,” and this is something that the FAIC is discovering by simply attempting to poll its membership. It doesn’t work if people don’t want to play. What ensues are knowledge gaps, variable reliability, and a lack of resources. To speak more broadly, any entity entrusted with indexing information needs for people to get over their fear of sharing to learn the benefits and acquire the skills associated with being connected (i.e. Social-media privacy controversies). All the knowledge and time needed to meet everyone where they are technologically and bring them along in a respectful manner does not exist in one place, so priorities must be defined for the best investment of time and funds to bring the discipline forward.
Bloom found that disparate data hosts could not communicate with each other—they either had different names for similar data fields which needed to be streamlined or they did not maintain consistent terminology, either globally or internally.
This problem had already been solved in a number of ways. For example, Darwin Core classification system was developed by Dublin Core; ABCD is the European standard; and Biodiversity Information Standards was developed by TDWG. There are 186 fields defined by Darwin Core with a standardized vocabulary in as many fields as possible. These standards are community-ratified and community maintained in order to not be easily or unnecessarily changed. This allows for easy importation by mapping incoming data-sets to a Darwin-Core standard; all the data is optimized for searchability and discoverability; and publication and citation tools are hence streamlined.
This type of study of the state of the art, necessary when designing new database infrastructure, can serve as a model for the field of conservation. At the foundation of a successful system, will be a serious study of what has been done in other fields and of what is most useful to prioritize for this one.
As VertNet is based entirely on voluntary participation, it is critical that participants understand the benefits of submitting their data to the trust. The staff at VertNet makes themselves available to help the host institution through any technical difficulties encountered in the data exportation and importation process. Backups of this data are scrupulously maintained throughout the migration process. A major benefit to the exporting institution is VertNet’s data-quality checks which will complete, clean up, and streamline fields and then will send back a report so that the client can update their own databases. This brings local data-maintenance standards in-line with those maintained by the global database.
Additionally, the NSF grant has made training workshops, the development of analytical tools, and certain instances of impromptu instruction possible for clients. This has lead to VertNet’s exponential growth without advertising. The repository now represents 176 institutions with 488 collections and many, many more want in from the waiting list. All these institutions are voluntarily submitting their data despite historical concerns about “ownership.” All these institutions realize the benefit of membership for themselves, for researchers, and for the state of the discipline.
Unfortunately, however, this “traditional” (eek) model of procuring NSF (or NEH, IMLS, etc.) funding to maintain cost is becoming unsustainable. Support for these services is desperately needed now that its utility is established. The value-add model is difficult even if VertNet does believe in “free data.”
The associated cost does not change; however, the database was built as community tool. So even though the common perception is an unchanging status-quo, the community will have to support the project insofar as they find the resource valuable and important. A common misconception propagated by recalcitrant host institutions is that “we can do it ourselves.”. The fact is, however, that most stewards of data can’t—and even more won’t—turn around and make these records available to the community for revision, maintenance, reference, or analysis.
The audience then exploded with responses :
Pamela Hatchfield (Head of Objects Conservation at the Museum of Fine Arts Boston and AIC Board President) began by reminding those who had been romanced by visions of star-shaped networks that concerns about maintaining privacy are still driven by private funding. Although there is now a conservation module in TMS, and terminological standardization is a frequently cited concern, this data is clearly not intended for the public. Historically, private institutions maintain the attitude that data should be tightly held. There is a huge revenue stream from images at the MFA, and as such it is difficult even for staff to obtain publication rights.
Terry Drayman-Weisser (Director of Conservation and Technical Research at the Walters Art Museum) pointed out the the Walters walks the middle path by providing a judiciously selected summary of the conservation record associated with an object. Not all of the information is published.
Certain institutions, such as at the British Museum, have an obligation to make these records public, unless the object falls into certain categories. The 2007 Mellon “Issues in Conservation Documentation” meeting at the National Gallery, London, provides summary of the participants’ approaches to public access at the time of publication.
I did have time to ask a question about the privacy concerns attendant on a biodiversity database. Why does it seem that there is less hesitancy at the prospect of sharing? In reality, these institutions do overcome certain hurdles when deciding what to make publicly available: It turns out that certain data about endangered species should not be shared. Although he did not have time to elaborate, I was curious how this “species privacy” might compare to “object privacy.”
VertNet, it turns out, cannot even find protection under the “Sweat-of-the-Brow” doctrine, as this factual information cannot be copyrighted. What about those portions of conservation documentation which are markedly drawn from speculation, interpretation, and original research? This information can be copyrighted, as per each institution’s policies, but our culture is changing. “We don’t train students to cite resources properly,” he noted, “and then we wonder why we don’t get cited.”
The time allotted for the session was drawing to a close, and everyone expressed their regrets that the conversation could not go on for longer and that more people could have attended.
I would personally like to thank FAIC, the speakers, the Mellon, Kress, and Getty Foundations, and all of the participants for their part in a very though-provoking discussion. I hope and trust that it will continue in future fora.
Author Kate BrugioniPosted on June 29, 2014 Categories AIC's Annual Meeting, Allied Organizations, CoOL, Workshops, Tours, & EventsTags access, AIC's 42nd Annual Meeting, catalogues, computing, databases, David Bloom, Digital, digital humanities, Digital Landscape project, digital resources, digitization, documentation, Eric Pourchot, FAIC, future, intellectual property, interest session, Ken Hamma, metadata, Nancie Ravenel, networks, online resources, planning study, research practices, special interest session, standards, survey, wiki3 Comments on 42nd Annual Meeting – Digital Resources & Conservation Interest Session, May 31, "Charting the Digital Landscape of the Conservation Profession" by FAIC
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Ultimate Marvel Reboot Review
News, Reviews Add comments
Last week, “Ultimate Comics X-Men #1” hit shelves. Which means that all of the titles from the relaunch of Marvel’s Ultimate universe are out. Since I talked about the relaunch on the podcast, I decided that I should let you guys know what I think about the titles one by one.
(more after the jump. Warning: spoilers)
Ultimate Comics Ultimates #1
The first issue of the “Ultimates” showed me two things: one is that S.H.I.E.L.D. has now stretched itself across the world, and second is that shit has hit the fan everywhere, so maybe that was a bad idea. I really enjoyed “Ultimates #1”; it seems like the comic is back on the right track after Jeph Loeb did his usual “fucking up what was once a great” thing.
One of the reasons I love “Ultimates” so much is the character,s and they were handled really well by being both funny and kick-ass. Tony Stark was the billionaire playboy we all know and love. His scene introduced the new Jarvis and it was one of my favorites. This is because the new Jarvis’ names is apparently William and when he informed Tony of this, Tony’s response was that if he wanted to hire a William he would have hired a William, so now he is Jarvis. Another thing that was cool was that Tony apparently doesn’t need to be in the Iron Man suit anymore since he uplinked and controlled it when he was in Tokyo and the suit was in South America. Thor was drinking and partying in Asgard and then got into a brawl with a very annoyed Captain Britain. And the third member that was shown, Hawkeye, only had a cameo but serve as a cool tie-in to his own comic that I’ll talk about further down.
As I said, shit is going down around the world. The primary places I’m talking about being Germany, Uruguay and China. The threat in Germany seems like it is going to be the prime threat for this arc. All in all, this was a solid start to the new series and I’m excited to see where it goes from here.
“Ultimate Comics Hawkeye #1”
The “Ultimate” version of Hawkeye has always been a bad-ass, and that hasn’t changed. I mentioned the problem in China in the “Ultimates” review and he was the person sent to fix it.
Apparently China created its own mutants to help them in the superhuman arms race against America. It’s a really interesting idea that in a world full of people with superhuman powers that each country wants to make sure they are the one with the most. However, the test subjects have rebelled and now are attempting to take over the government. Hawkeye, like I said, is a bona fide bad-ass, especially in one scene with him and shards of broken glass. ‘Nuff said.
This was not only a great companion comic with “The Ultimates” but a very good comic in its own right.
“Ultimate Comics Spider-Man #1”
This comic had to do something the other comics didn’t, which was introduce us to a brand-new character: Miles Morales, aka the new Spider-Man. Which means this was basically an origin story, and that’s not a bad thing. However, I can’t really tell you much about Miles except he is just a nice kid who thinks of others first.
The comic began with Norman Osborn making the same speech about Athena and Arachne as he made in the first comic in “Ultimate Spider-Man”, which was a nice touch. He was making another genetically altered spider which of course escaped and found its way to Miles Morales where, of course, the spider bit him. The first power to manifest in Miles was some sort invisibility. Can spiders become invisible, though? Because if they can, my arachnophobia is going to grow stronger. But in any case, I think it’s cool that the new Spider-Man gets some new powers, and it’s going to be interesting to see what other powers he will develop.
The biggest problem with the comic is the length. It is short — really short. It was only about 20 pages and it really left me wanting more and wondering if it was missing pages. I am interested in seeing where the comic is going, but I don’t think it is worth the $4.
“Ultimate Comics X-Men #1”
This was the most exposition heavy of the comics and for good reason. A lot is happening in the world for mutants. They are now being forced into concentration camps — which aren’t great places, as it turns out — or they’re being shot on sight. It also has to introduce, to new readers, Wolverine’s son Jimmy Hudson, his small group consisting of Firestar and an Ultimate-only character named Derek Morgan, and their leader Jean Grey, going by the alias Karen Grant. It also shows what some of the former X-men are doing, in particular Kitty Pride, who is hiding in the Morlock tunnels with Iceman and Johnny Storm.
Interestingly it seems like Kitty is going to have a major character progression in this arc and I am really looking forward to seeing where it is going. The cliffhanger at the end showed potential for an awesome story.
I think that it was a very good start to the “Ultimate Universe” relaunch. All the comics entertained me and I see the potential for there to be great stories, some more than others. “Ultimate Comics Spider-Man” had the weakest start because of how short it was and that is surprising because I usually love Brian Michael Bendis, in particular his run on “Ultimate Spider-Man.” “Ultimate Comics Hawkeye #2” came out last week. “Ultimate Comics Spider-Man” and “Ultimate Comics Ultimates” are out this week. I will be reviewing them next week so lookout for that.
Posted by Meyer at 2:20 PM Tagged with: comics, meyer, relaunch, ultimate marvel
Podcast Episode 008: DEBATE! It’s The Best Apocalypse, or, “I Was A Teenage Antichrist” BroNY Con September 2011: Reflections, Part I
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Legal Officer and Head, Human resource
Mr. Ralph Matthews
Legal Officer and Head, HR
B.G.L., B.L., M.L.
Mr. Ralph Matthews is a seasoned legal expert endowed with a thorough knowledge of legal tenets and law, as related to the functioning of big organisations. A respected legal counsel, Mr. Ralph Matthews possesses nearly four decades of rich and variegated experience.
Prior to joining SBV, Mr. Matthews was at the helm of affairs at the Pondicherry Textile Corporation and National Textile Corporation for three decades, before joining a leading medical college at Pondicherry where he had served as Personnel Manager for seven years.
Mr.Ralph Matthews has framed several key policies in industrial relations, Labour and Administration. Presently he is shouldering the dual responsibility of Legal Officer and head of Human Resource at SBV.
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Justice League Soundtrack details
I'm looking forward to seeing the new "Justice League" movie next month. I've heard the great version of The Beatles' "Come Together" performed by modern-day bluesman Gary Clark Jr. and you can see the official music video of that here:
JUSTICE LEAGUE SOUNDTRACK AVAILABLE NOVEMBER 10, 2017
FEATURES ORIGINAL SCORE BY FOUR-TIME ACADEMY AWARD NOMINEE AND GRAMMY AWARD-WINNING COMPOSER DANNY ELFMAN
INCLUDES MUSIC FROM GARY CLARK JR. & JUNKIE XL, SIGRID, AND THE WHITE STRIPES
FIRST LISTEN: “HERO’S THEME” BY DANNY ELFMAN
LOS ANGELES, CA – October 26, 2017 – WaterTower Music is proud to announce the November 10 release of the Original Motion Picture Soundtrack to Warner Bros. Pictures’ epic action adventure Justice League. The album features one of the industry’s most versatile and accomplished film composers, Danny Elfman, who is returning to score a DC Super Hero film for the first time since 1992’s Batman Returns.
While bringing his celebrated and unique approach to the Justice League score, Elfman also gives DC fans some special familiar moments. Utilizing memorable character themes to tell the musical story, he incorporates and re-interprets iconic music from past films, including John Williams’ Superman theme, Hans Zimmer’s Wonder Woman theme, and his own Batman theme. “I’m using the same thematic material that I used back then,” Elfman told Billboard Magazine. “It never actually went away. We’ve got these iconic bits from our past and that’s part of us, that’s part of our heritage. It just was great fun.”
The soundtrack also features a blistering version of The Beatles’ “Come Together” by electrifying virtuoso guitarist Gary Clark Jr. and Grammy-nominated and multiplatinum producer, musician, and composer Junkie XL; along with Norwegian pop singer/ songwriter Sigrid’s haunting and powerful take on Leonard Cohen’s “Everybody Knows,” and The White Stripes classic “Icky Thump.”
LISTEN: “Hero’s Theme,” by Danny Elfman from the Justice League Original Motion Picture Soundtrack
LISTEN: “Come Together,” by Gary Clark Jr. and Junkie XL from the Justice League Original Motion Picture Soundtrack
The 27-track Justice League soundtrack, which includes three bonus tracks, will be released November 10. A two-CD version will be released on December 8, with a double vinyl edition coming February 9, 2018. The Justice League Original Motion Picture Soundtrack can be ordered here and the track list is as follows.
All music by Danny Elfman, unless otherwise noted.
“Everybody Knows” Sigrid
The Justice League Theme - Logos
Hero’s Theme
Batman on the Roof
Enter Cyborg
Wonder Woman Rescue
Hippolyta’s Arrow
The Story of Steppenwolf
The Amazon Mother Box
Cyborg Meets Diana
Aquaman in Atlantis
Then There Were Three
The Tunnel Fight
The World Needs Superman
Spark of The Flash
Bruce and Diana
Anti-Hero’s Theme
“Come Together” Gary Clark Jr. and Junkie XL
“Icky Thump” The White Stripes
The Tunnel Fight (Full Length Bonus Track)
The Final Battle (Full Length Bonus Track)
Mother Russia (Bonus Track)
ABOUT DANNY ELFMAN
Over the last 30 years, four-time Oscar nominee Danny Elfman has established himself as one of the most versatile and accomplished film composers in the industry. He has collaborated with such directors as Tim Burton, David O. Russell, Gus Van Sant, Sam Raimi, Joss Whedon, Paul Haggis, Ang Lee, Rob Marshall, Guillermo del Toro, Barry Sonnenfeld, Brian De Palma, and Peter Jackson. Beginning with his first score on Tim Burton’s Pee-wee’s Big Adventure, Elfman has scored a broad range of films, including: Milk (Oscar nominated), Good Will Hunting (Oscar nominated), Big Fish(Oscar nominated), Men in Black (Oscar nominated), Edward Scissorhands, Wanted, Charlie and the Chocolate Factory, Mission: Impossible, Planet of the Apes, A Simple Plan, To Die For, Spider-Man (1 & 2), Batman, Dolores Claiborne, Sommersby, Chicago, Dick Tracy, The Nightmare Before Christmas, Alice in Wonderland, Silver Linings Playbook, the Fifty Shades of Grey trilogy, and Avengers: Age of Ultron. Up next for Elfman is the highly anticipated action adventure Justice League from Warner Bros. & DC.
A native of Los Angeles, Elfman grew up loving film music. He travelled the world as a young man, absorbing its musical diversity. He helped found the band Oingo Boingo, and came to the attention of a young Tim Burton, who asked him to write the score for Pee-wee’s Big Adventure. 30 years later, the two have forged one of the most fruitful composer-director collaborations in film history. In addition to his film work, Elfman wrote the iconic theme music for The Simpsons and Desperate Housewives. He also composed a ballet, Rabbit and Rogue, choreographed by Twyla Tharp; the symphony Serenada Schizophrana for Carnegie Hall; an overture The Overeager Overture for the Hollywood Bowl; Iris, a Cirque du Soleil show at Hollywood’s Dolby Theatre; and most recently his first Violin Concerto, “Eleven, Eleven”, for soloist Sandy Cameron, which had its world premiere in Prague with the Czech National Symphony Orchestra and its second performance at the Elbphilharmonie in Hamburg. Danny Elfman’s “Music From the Films of Tim Burton” had its concert premiere in 2014 at London’s Royal Albert Hall and has continued on with over 60 concert performances in over 12 countries.
ABOUT JUSTICE LEAGUE
Ben Affleck, Henry Cavill, Gal Gadot, Ezra Miller, Jason Momoa and Ray Fisher star in the action-adventure film Justice League.
Fueled by his restored faith in humanity and inspired by Superman’s selfless act, Bruce Wayne enlists the help of his newfound ally, Diana Prince, to face an even greater enemy. Together, Batman and Wonder Woman work quickly to find and recruit a team of metahumans to stand against this newly awakened threat. But despite the formation of this unprecedented league of heroes—Batman, Wonder Woman, Aquaman, Cyborg and the Flash—it may already be too late to save the planet from an assault of catastrophic proportions.
Justice League was directed by Zack Snyder from a screenplay by Chris Terrio and Joss Whedon, story by Terrio & Snyder, based on characters from DC Entertainment; Superman created by Jerry Siegel and Joe Shuster. Charles Roven, Deborah Snyder, Jon Berg and Geoff Johns produced the film, with Jim Rowe, Ben Affleck, Wesley Coller, Curtis Kanemoto, Daniel S. Kaminsky and Chris Terrio serving as executive producers.
Set for release in 3D and 2D in select theatres and IMAX beginning November 17, Justice League will be distributed worldwide by Warner Bros. Pictures, a Warner Bros. Entertainment Company.justiceleaguethemovie.com
Labels: Danny Elfman, Gary Clark Jr., Junkie XL, Media release, Sigrid, Soundtracks, Upcoming Releases
Carmaig de Forest's Alex Chilton-produced LP from 1987, 'I Shall Be Released'
History is filled with many albums lost in the shuffle of time. It is great that Omnivore Recordings continues to re-discover and re-release many of these great albums and introduce them to listeners today...
SAN FRANCISCO, Calif. – Carmaig de Forest’s 1987 Alex Chilton-produced album I Shall Be Released was one in a long line of albums subjected to the whims of the record business. Initially slated for release on a larger label with some marketing muscle, the LP eventually wound up on a small, San Francisco indie and never got the exposure it deserved. A follow up live EP didn’t even see a release in the U.S.
Fast-forward a few decades. Now, on the 30th anniversary of Released’s release, it’s time to relish in de Forest’s wit, passion and talent in a re-release that will reintroduce an artist many missed the first time around.
Omnivore Recordings will issue the expanded edition of de Forest’s I Shall Be Released, re-titled I Shall Be Re-Released, on November 10, 2017. It’s the album’s first time on CD, and will be available digitally as well.
The package combines de Forest’s original album and live EP with four previously unissued tracks from the original album sessions plus an additional unissued live recording, and includes new liners from set co-producer Pat Thomas, new interviews with Carmaig and his contemporaries, and rare photos.
“From the moment I first heard Carmaig’s songs when he opened up for us — during our very first tour around the whole country — he’s always been one of my favorite songwriters,” writes Gordon Gano of the Violent Femmes. John Doe of X noticed as well, recalling: “Who the hell is this guy singing smart and funny songs playing a damn ukulele?”
De Forest recollects: “This whole reissue thing came out of the blue. Excavating the masters, old photos and clippings for Omnivore has been a real blast from the past — taking me back to those heady days and all those California-post-punk-new-wave-art-damaged characters with all their various crazy creative projects and rock-star dreams which was me too of course. And just as important it takes me back to Alex Chilton: To so many people, I was some kind of ukulele-punk-rocker, but Alex heard the songs; and he plugged them — and me — into his no-nonsense way of recording them as simple but twisted garage rock or whatever you'd call that music we made. The sessions were magic and Alex gave me so much of himself to this project.
“If I didn’t fully retire from the music scene, I certainly began what’s become a very long hiatus, when Diana Froley (now de Forest) and I started our family twelve years ago. I was washing dishes and listening to NPR when I heard that Alex had died. I hadn’t been in touch with him for years and now he was gone. It’s funny, when I Shall Be Released first came out I was all “Yes! This is my album and my time to take on the world.” These days, I think of it more this great lost little gem of Alex Chilton’s as much as mine. Just listen to that guitar! I’m so happy it’s getting out back out there.”
According to annotator Thomas, “This release captures not just a snap-shot of his sojourn with the iconic Alex Chilton, it captures the San Francisco that I loved during the 1980s when we’d all hang out at the Paradise Lounge and the Kennel Club, watching the local talent and loving every freaking minute of it.”
It was released, but it’s time for an official re-release. Be Re-Released.
1. Los Angeles
2. Long Distance
3. Possibilities
4. Risks in Spring
5. Eddie Prince (That’s Entertainment)
6. Big Business
7. Hey Judas
8. Little Speeches
9. I’d Be Delighted
10. Crack’s No Worse Than the Fascist Threat
11. Blank Verse
12. Touch of Red
13. Secret Agent Man
14. Dayenu
15. I’ll Be Your Angel
16. Kate Said*
17. Banks of the Ohio*
18. I Don’t Wanna Go to Your Hometown*
19. Dark Place*
20. One More Time (Live)
21. Risks In Spring (Live)
22. One For My Baby (And One More For The Road)/You Can’t Always Get Want You Want (Live)
23. Kate Said (Live)
24. Dark Place (Live)
25. Long Distance (Live)
26. Dayenu (Live)*
* Previously unissued
Watch the Carmaig DeForest trailer: https://youtu.be/mKST4qyyMPE
Labels: Alex Chilton, Carmaig de Forest, Media release, Omnivore Recordings, Upcoming Releases
New Videos: Pugwash, The Church, Beck
Some great new music videos to thrill you going into the weekend. I absolutely love the new Pugwash song "What Are You Like" off the Irish artist's Jason Falkner-produced Silverlake.
One new Pugwash song is never enough, so here is the first single from Silverlake released in September 2017.
Check out the colorful new video for "Undersea," a song from the latest album (Man Woman Life Death Infinity) from The Church.
Finally, how about the catchy song "Up All Night" off Beck's new album Colors:
Have a great weekend everybody!
Labels: Beck, Jason Falkner, Music Video, Pugwash, The Church
THE ROLLING STONES – ON AIR - "(I Can't Get No) Satisfaction" Unveiled As Second Track Available Now On Digital And Streaming Services
Some nice news for a Friday...
THE ROLLING STONES – ON AIR
‘(I CAN’T GET NO) SATISFACTION’ UNVEILED AS SECOND TRACK
AVAILABLE NOW ON DIGITAL AND STREAMING SERVICES
The Rolling Stones today unveil the second track from The Rolling Stones – On Air, a collection of rarely heard radio recordings from their formative years. (I Can’t Get No) Satisfaction, recorded for Saturday Club in 1965 and taken from the upcoming release, is available now across various formats.
The Rolling Stones - On Air offers a glimpse into the early days of The Rolling Stones a few years before ‘The Greatest Rock ‘n’ Roll Band in the World’ became a reality this was a band playing the music they loved so much - Blues, R&B, Soul and even the odd country song. The songs, including eight the band have never recorded or released commercially, were originally broadcast on bygone UK BBC shows such as Saturday Club, Top Gear, Rhythm and Blues and The Joe Loss Pop Show between 1963 and 1965.
Released via Polydor Records/UMe on CD, double CD deluxe edition, heavy-weight vinyl and special limited-edition colored vinyl, The Rolling Stones – On Air is released on December 1 and available to pre-order here.
This album follows the recent release of The Rolling Stones – On Air coffee table book, by Richard Havers and published by Virgin Books.
The Rolling Stones ON AIR 1963-65 - Mick Jagger, Keith Richards, Charlie Watts, Brian Jones, Bill Wyman
THE ROLLING STONES – ON AIR WILL BE RELEASED BY POLYDOR RECORDS/UMe
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Labels: Media release, On Air, Polydor Records, Robert Kinsler, The Rolling Stones, Ume, Upcoming Releases
Fats Domino Remembered
On the latest episode of Music Worth Buying, TJR and Robert Kinsler celebrate the life and music of Fats Domino, who died at the age of 89 on Tuesday, October 24, 2017. In addition to discussing his greatest hits, they also champion a 2007 tribute to Fats Domino titled Goin' Home featuring a slew of music greats (John Lennon, Tom Petty, Bonnie Raitt, Robert Plant and more) as well as a terrific live album featuring a Fats Domino concert recorded in 1973 and released commercially in October of 2015 (the aptly-titled Thrillin' In Philly! Live 1973).
Here is a statement that appeared on the official Fats Domino Facebook page:
Statement from the children of Antoine “Fats” Domino, Jr.
Dated: October 25, 2017
We are all touched by the outpouring of love and tribute for our father. He passed away peacefully at home surrounded by those he loved and those who loved him. His music reached across all boundaries and carried him to all corners of the world.
…Then I rock myself to sleep
Prayin’ that I am here to keep
Then I ride the rising sun
Gee ain’t I being a lucky one
“Rising Sun”(Domino) ©1960 EMI Unart Catalog, Inc.
We thank you for allowing us to grieve privately during this difficult time. Funeral arrangements are pending.
RECORDING ACADEMY™ Statement regarding Fats Domino issued October 25, 2017
Our Recording Academy™ family is deeply saddened to hear of the passing of rock and roll visionary Fats Domino. In a career spanning more than five decades, Domino charmed audiences with his smooth vocals, boogie-woogie piano style, and unwavering humility. He is widely recognized for influencing artists across all genres, having a number of his hits covered by music industry giants, including John Lennon, Cheap Trick, and Led Zeppelin. In 1987, Domino received a Lifetime Achievement Award from the Recording Academy, our formal salute to his remarkable contributions to rock history. He will be greatly missed, but remembered for paving the way for rock and roll. Our condolences go out to Domino’s family, friends, and collaborators during this difficult time.
Neil Portnow
"Rest in peace Fats Domino, the great rock ’n’ roll pianist and singer who thrilled us in our early days in Liverpool. His hit records like ‘Ain’t That A Shame’, ‘Blueberry Hill’, ‘I’m In Love Again’ and many others introduced us to the sounds of New Orleans rock ‘n’ roll. We were excited to meet Fats once in his home town of New Orleans. He was wearing a huge star spangled diamond encrusted watch which was our first encounter with bling! His voice, piano playing and musical style was a huge influence on us and his appearance in the film ‘The Girl Can’t Help It’ was truly magnificent. As one of my favourite rock ‘n’ roll singers, I will remember him fondly and always think of him with that twinkle in his eye. I read that he had eight children. He himself was named Antoine. His kids were named Antoine III, Anatole, Andre, Antonio, Antoinette, Andrea, Anola and Adonica. Now that is pure Fats!" - Paul
Statement from Paul McCartney posted October 26, 2017
Fats Domino was one of the first 10 honorees named to the Rock and Roll Hall of Fame (and he was inducted into the Rock Hall in 1986) and his death at the age of 89 has been followed by countless tributes by music greats.
Photo © Curt Gunther
Fats Domino - an inspiration to the band and a music legend.
@TheBeatles
RIP Fats Domino legend and innovator of rock n' roll - His legacy remains forever in his music.
@TheJonathanCain
Before Elvis, Jerry Lee & Chuck (Berry) that was Fats. His sweet voice, rolling piano & charisma made him a star & first member of the Rock Hall.
@RockHall
(Rock and Roll Hall of Fame)
@BillyJoel
Words fail me in this moment of deep heartache and sadness. We have lost a legend. One of my heroes. New Orleans' Fats Domino is dead.
@WendellPierce
His groove will always be foremost in my body and soul. His was the "cool" of the New Orleans music that first lit my fire. Bon voyage Fats.
@MickeyHart
Godspeed, Fats Domino. RIP
@jackie_greene
So sad to hear the passing of Fats Domino. A true rock and roll legend. RIP
@YoungDubliners
RIP fats domino... you helped pave the way for New Orleans piano players... see you on top of that Blueberry Hill in the sky
@HarryConnickJr
RIP #FatsDomino, 1950s-60s singer/pianist/pop hitmaker. #BlueMonday #AintThatAShame #NewOrleans #BlueberryHill
@GeorgeAPaul
Labels: classic rock, Fats Domino, Jackie Greene, Jonathan Cain, Mickey Hart, Neil Portnow, obituaries, Paul McCartney, Rock and Roll Hall of Fame, The Beatles
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Tribute to Tom Petty
R.I.P. Tom Petty
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Issue 38: Fall 2014
Interview with Michael Garriga
by Clifford Parody
Michael Garriga is the author of The Book of Duels, a collection of flash fiction released March 2014 by Milkweed Editions. Garriga comes from a long line of Creole outlaws and storytellers. He has worked as a shrimp picker, a bartender, and a sound man in a blues bar. Currently he teaches writing at Baldwin Wallace University in Berea, Ohio, where he lives with his wife and two sons.
CP. First off, how would you, personally, classify this body of work and why? It’s marketed as fiction but I couldn’t help feeling like I was reading a collection of prose poems…
MG. I have published duels as both fiction and poetry. I think they’re really complete, multiple perspective short stories, each composed of three dramatic monologues, one of the oldest forms of poetry. So, yeah, they’re mash ups, hybrids. But I use the term “flash fictions” to describe these works because of the layers of association: the flash of a fired pistol (as in many of the stories); a flash in the pan (referring to something that disappoints, specifically a flintlock pistol misfire, but also to those people who are quickly forgotten); flash forward and flash backward (two narrative strategies that engage the reader at the emotional level); the speed and brevity of these monologues (all under 600 words except Satan, who goes on and on); and the flash of recognition, like a flash bulb going off. That is, flash fiction, to me, connotes a moment when a character’s desire for self-knowledge and -awareness meets an epiphany of who she truly is. If I do my job right, in one intense moment, who a character is, at the deepest level, is revealed to either the character herself or to the readers, and sometimes, when I gnaw to the marrow of the character’s bones, to both simultaneously.
CP. How did you land on this format? I’ve never seen anything quite like it and wonder if it came about organically as the stories compounded or if it was a conscious decision before-hand?
MG. I am an enormous fan of Robert Olen Butler’s work, especially Severance and Intercourse. These are both works of flash fiction. He was my dissertation director at Florida State University and to whom the book is dedicated. I wanted to impress him by trying to write flash fiction similar to his, but I was just kicking the gong. Then I read a book that described, in a footnote, the last duel fought legally in MS in 1866. It claimed they fought (and one man was killed) over a cow. No way, I thought, do you kill a man over one cow. The old clichéd light bulb flashed in my head: tell both men’s side of the story, at the same time, because both men had to think they were right in the course of their actions. I wrote those two flash fictions and sent them to Butler, and he said, “You’ve got something real here.” So, I started reading all about duels, and I learned that for a duel to be legal, no matter what country or context, you had to have a witness; otherwise, it’s just murder. Hence, the third point of view character was born. I sent the three to Butler, “Pistols at Twenty Paces,” and he said, “Now you’re pushing the genre.” So, I dug in and set to work on others. Plus, I love the idea of the triptych, the holy three. There’s a vein of religion running throughout the book. I think of the whole book as a type of rosary chain.
(PS. One reviewer said, in a derogatory tone, “The Book of Duels concerns itself only with death, sex, religion, food, and violence.” And I thought, “Yeah, you get it.”)
CP. Staying on the topic of form, I really dig how the parts of each section are written as three individual, stream of consciousness driven, monologues. With three speakers in every section (minus one) that makes 98 speakers. Did you find this task difficult – Inhabiting the minds of so many individuals, many of which are long since dead and gone? Tell me about this process.
MG. The process. I read more nonfiction preparing for this book than in the whole rest of my life combined. I learned great sweeping arcs of history I should have learned in high school, but more pleasingly, I learned little things like how in the 14th century French Court they would put perfume in the manes of their horses or that the Mann Act was passed to prosecute one man, Jack Johnson (the first African-American heavy weight boxing champ) and was ret-roactively applied to him for an act he committed before it was even illegal (bringing a sex worker across state lines, a woman who would become his wife). Or that Jack Johnson, while in exile, hung out for a time with Rasputin. Or that Andrew Jackson lived his life and died with dueling balls buried in his body. There were tons of these little amazing moments that opened up history to me and sparked my imagination. And unlike school, I could just luxuri-ate over the historical readings for as long as I wanted, go as deep into one aspect as I wanted; I wasn’t worried about pop quizzes or grades.
So, I would get an idea for a duel I wanted to pursue—Burr vs Hamilton or Don Quixote vs The Windmill—and I’d already know the basic plot of the thing, because most of these stories are primarily based on historical or literary facts. I’d start reading about that time, those charac-ters; then I’d read things written during that time period—just to get at the vernacular, the ideology, the details of the day. I’d take notes on interesting phrases or foods or trees that were unique to that place and time. I went to sleep thinking of a particular duel, and in the morning, I’d stay in bed for a half hour or so, lingering over the last dream images, and little jags of prose would pop in my mind. I’d get something to hold on to (like for Custer, it was the line, “my twin bulldog pistols come barking mad in my hands”) and later, in my writing room, I’d try to inhabit their minds and bodies (a practice I’ve only half-jokingly called method writ-ing), pacing, repeating the one or two lines, and speaking like I thought they might. I wanted to become Custer or Johnson or whoever I was writing about. I understand this process is a bit dippy, but my belief was this: If I could actively put myself in a trance state, I would allow my subconscious an avenue to my conscious mind. No music, no news, no emails, no nothing. Finally, I’d have a decent draft and then I’d be at the desk writing, printing, revising off the hardcopy, typing again, etc. This work went on for days at a time—long walks and talking to myself. My wife teased that I was losing my mind, but I swear, I’ve never been more in touch with myself or others.
CP. How did you choose your subject matter/subjects and why? Did your Creole background play any part in these choices? What kind of research went into each section once the specific duels were chosen? Is this subject matter that you have always been drawn to or something you stumbled across and decided to roll with?
MG. I grew up in a really rough and tumble family. My granddad was in prison when my dad was born. They were moonshiners and, later, nightclub owners, pawnshop owners, bookies, etc. They lived in a violent world. They did a fine job of keeping me from their world, urging me to go to school (though none of them finished high school). And they told the greatest sto-ries about fights and trickery and blatantly sticking it to the Man. One uncle didn’t pay his electric bill on time, so they cut his power in the middle of the night. His response? He went down to the power company and stabbed the tires of every single service trucks. So, yeah, I suppose revenge and violence have always intrigued me.
After I’d written the first couple of duels, I came across an article that claimed in one year there were roughly 1400 duels in New Orleans, the capital city of American dueling. I found another article that claimed only 1 in 14 people were mortally wounded in duels. So, that means 100 people died in duels in one city in one year. This would have been in the 1840s. Then I learned that once Louisiana banned dueling, the duelists would often board trains along with witnesses, doctors, picnickers, etc. and cross the state line into the Gulf Coast of Mississippi, where I’m from. They’d fight a duel and re-board the train and go back home. That blew my mind. It seems so archaic, yet we’re only talking about 150 years ago.
CP. One of the most fascinating aspects of the novel is the syntax deployed within it—primarily the incredibly long sentence. I was wondering why you went this route, why you de-cided to make it so consistent from speaker to speaker, and how you decided when and where to digress from it?
MG. Well, these narratives are all interior monologues, and I don’t know about other people, but I don’t think in terms of full, complete sentences. They generally come to me in phrases, jarring details, images. And even if some people do think in sentences (like the lawyer in the Chelsea Tammy duel), I’m trying to imitate the mind at work under extreme pressure. The duende leaps are compressed and the associative connections are firing on all cylinders. There’s very little room for complete thought or punctuation here. I use commas to keep the thoughts cohesive for the reader and dashes for some of the wilder leaps. I also took out any unnecessary words, added puns, and stripped the monologues down to only the most neces-sary punctuation to keep the thoughts clear and to illustrate how easy and cleanly our minds move from one association to another.
I’m trying in this book to get at the root impulse of these people’s actions—what has led them to this moment, what core things have driven their whole lives, what were their hopes, fears, and desires.
Author Index: Clifford Parody
All Reviews and Interviews
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http://www.stvasilios.org/orthodox_faith/orthodox_church/orthodox_church_introduction
Home » Our Faith » Orthodox Christian Church » An Introduction
The Orthodox Christian Church: An Introduction
by: Rev. Thomas Fitzgerald
An ever-growing number of persons from various backgrounds are becoming interested in the Orthodox Church. These individuals are discovering the ancient faith and rich traditions of the Orthodox Church. They have been attracted by her mystical vision of God and His Kingdom, by the beauty of her worship, by the purity of her Christian faith, and by her continuity with the past. These are only some of the treasures of the Church, which has a history reaching back to the time of the Apostles.
In our Western Hemisphere, the Orthodox Church has been developing into a valuable presence and distinctive witness for more than two hundred years. The first Greek Orthodox Christians arrived in the New World in 1768, establishing a colony near the present city of St. Augustine, Florida. One of the original buildings in which these immigrants gathered for religious services is still standing. It has recently been transformed into St. Photius' Shrine by the Greek Orthodox Archdiocese. The Shrine, named in memory of a great missionary of the Orthodox Church, honors those first Orthodox immigrants. The chapel serves as a national religious landmark, bearing witness to the presence of Orthodoxy in America from the earliest days of its history. The next group of Orthodox Christians to emerge on the American Continent were the Russian fur traders in the Aleutian Islands. They, too, made a great contribution.
The Orthodox Church in this country owes its origin to the devotion of so many immigrants from lands such as Greece, Russia, the Middle East, and the Balkans. In the great wave of immigrations in the 19th and 20th centuries, Orthodox Christians from many lands and cultures came to America in search of freedom and opportunity. Like the first Apostles, they carried with them a precious heritage and gift. To the New World they brought the ancient faith of the Orthodox Church.
Many Orthodox Christians in America proudly trace their ancestry to the lands and cultures of Europe and Asia, but the Orthodox Church in the United States can no longer be seen as an immigrant Church. While the Orthodox Church contains individuals from numerous ethnic and cultural backgrounds, the majority of her membership is composed of persons who have been born in America. In recognition of this, Orthodoxy has been formally acknowledged as one of the Four Major Faiths in the United States. Following the practice of the Early Church, Orthodoxy treasures the various cultures of its people, but it is not bound to any particular culture or people. The Orthodox Church welcomes all!
There are about 5 million Orthodox Christians in this country. They are grouped into nearly a dozen ecclesiastical jurisdictions. The largest is the Greek Orthodox Archdiocese of America, which has about 500 parishes throughout the United States. Undoubtedly, the Primate of the Archdiocese, His Eminence Archbishop Iakovos, has been chiefly responsible for acquainting many non-Orthodox with the treasures of Orthodoxy. His selfless ministry, which has spanned more than thirty years, has been one of devotion and vision. Filled with an appreciation of his Hellenic background and guided by a spirit of ecumenism, Archbishop Iakovos has recognized the universal dimension of Orthodoxy. He has acted decisively to make this ancient faith of the Apostles and Martyrs a powerful witness in contemporary America.
Eastern Christianity
The Orthodox Church embodies and expresses the rich spiritual treasures of Eastern Christianity. It should not be forgotten that the Gospel of Christ was first preached and the first Christian communities were established in the lands surrounding the Mediterranean Sea. It was in these eastern regions of the old Roman Empire that the Christian faith matured in its struggle against paganism and heresy. There, the great Fathers lived and taught. It was in the cities of the East that the fundamentals of our faith were proclaimed at the Seven Ecumenical Councils.
The spirit of Christianity which was nurtured in the East had a particular favor. It was distinct, though not necessarily opposed, to that which developed in the Western portion of the Roman Empire and subsequent Medieval Kingdoms in the West. While Christianity in the West developed in lands which knew the legal and moral philosophy of Ancient Rome, Eastern Christianity developed in lands which knew the Semitic and Hellenistic cultures. While the West was concerned with the Passion of Christ and the sin of man, the East emphasized the Resurrection of Christ and the deification of man. While the West leaned toward a legalistic view of religion, the East espoused a more mystical theology. Since the Early Church was not monolithic, the two great traditions existed together for more than a thousand years until the Great Schism divided the Church. Today, Roman Catholics and Protestants are heirs to the Western tradition, and the Orthodox are heirs to the Eastern tradition.
Christians of the Eastern Churches call themselves Orthodox. This description comes to us from the fifth century and has two meanings which are closely related. The first definition is “true teaching.” The Orthodox Church believes that she has maintained and handed down the Christian faith, free from error and distortion, from the days of the Apostles. The second definition, which is actually the more preferred, is “true praise.” To bless, praise, and glorify God the Father, Son, and Holy Spirit is the fundamental purpose of the Church. All her activities, even her doctrinal formulations, are directed toward this goal.
Occasionally, the word Catholic is also used to describe the Orthodox Church. This description, dating back to the second century, is embodied in the Nicene Creed, which acknowledges One, Holy, Catholic, and Apostolic Church. From the Orthodox perspective, Catholic means that the Church is universal and also that she includes persons of all races and cultures. It also affirms that the Church has preserved the fullness of the Christian faith. It is not unusual for titles such as Greek, Russian, and Antiochian to be used in describing Orthodox Churches. These appellations refer to the cultural or national roots of a particular parish, diocese, or archdiocese.
Diversity in Unity
The Orthodox Church is an international federation of patriarchal, autocephalous, and autonomous churches. Each church is independent in her internal organization and follows her own particular customs. However, all the churches are united in the same faith and order. The Orthodox Church acknowledges that unity does not mean uniformity. Some churches are rich in history, such as the Church of Constantinople, while others are relatively young, such as the Church of Finland. Some are large, such as the Church of Russia, while others are small, such as the Church of Sinai. Each Church is led by a synod of bishops. The president of the synod is known as the Patriarch, Archbishop, Metropolitan, or Catholicos. Among the various bishops, the Ecumenical Patriarch of Constantinople is accorded a "place of honor" and is regarded as "first among equals." In America and Western Europe, where Orthodoxy is relatively young, there are a number of dioceses and archdioceses which are directly linked to one of these autocephalous Churches. For example, the Greek Orthodox Archdiocese is under the care of the Patriarchate of Constantinople. While the Archdiocese enjoys a good measure of internal autonomy and is headed by an Archbishop, it owes its spiritual allegiance to the Church of Constantinople.
Source: Greek Orthodox Archdiocese of America, www.goarch.org/ourfaith/ourfaith7052
To read other articles related to Orthodox Christianity, visit: www.goarch.org/ourfaith/
© Copyright Greek Orthodox Archdiocese of America
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A truly amazing, cinematic story of bravery and sacrifice that left me wanting more.
January 10, 2014 | Posted in Game Reviews | No comments
It’s probably no secret that I’ve been in a bit of an MMO slump these past few weeks; the evidence is glaring in the lack of posts. That’s not unusual for this time of year; January is typically slow in development houses as they recover from their holiday vacations, so I’ve been spending a lot of time with single player games released in the later part of last year.
That fat, old elf brought me Assassin’s Creed IV: Black Flag, which has been eating up a lot of time, and the Steam Holiday Sale gave me a chance to pick up the Bioshoch Triptych. Prior to that I was spending a good deal of my gaming time replaying Skyrim on the PC (again, snatched up on sale from Steam). This week, during Steam‘s Midweek Madness, I noticed a game I had never heard of. At 50% off an already very reasonable price, I snapped up Brothers: A Tale of Two Sons.
The opening scene pretty much sets the tone for this story-driven adventure game where you control two brothers as they journey through ever darker lands, solving puzzles, in search of a cure for their ailing father. The game was developed by Starbreeze Studios and 505 Games, in collaboration with acclaimed Swedish director Josef Fares, and originally released on the Xbox Live Arcade in August of 2013 with a subsequent release to Steam and the Playstation Network in September of the same year.
The game features an innovative mechanic where you simultaneously control two characters, the brothers Naiee and Nyaa, in real time to solve puzzles. The Steam version gives you the option of doing so with either a keyboard or a game pad. I chose the later, controlling Nyaa with the left stick and bumper, and Naiee with the right. I did run into a bit of an issue with my Logitech Dual Action where the axis on the left stick was inverted, but I found a quick solution here and was on my way.
The two brothers have slightly different abilities: Nyaa, the older one, is taller and stronger, but too big to fit in some spaces, while Naiee is smaller and weaker, but small enough to squeeze into smaller areas; Nyaa can swim, but Naiee cannot. With these tools in hand, you make your way through an ever darkening story, using the brothers’ abilities in tandem to solve each puzzle you encounter along the way.
As you progress you encounter several NPCs who assist further in the solving of puzzles, often for a favor. There is no combat, in the traditional sense, in the game though there are a few manic puzzles that do feel like combat. In truth, though, it is neither the puzzles nor the action that really sell this game, but the amazing story.
Without going into too much spoilery detail, at its heart Brothers: A Tale of Two Sons is a story about meeting ones fears head on. This is especially noteworthy in the younger brother, Naiee. There is dialogue in the game, but it is akin to Simlish in that I do not believe it is a real language (though I could be wrong). Not being able to actually understand the brothers, though, is hardly a hinderance given how well both their body language and expressions are animated. The story is heart-wrenching and at times gruesome. There were points where I couldn’t believe they were going to take the story in a certain direction, yet when they did it was masterfully executed.
The scenery in which the story and the puzzles take place is rendered with the same loving detail. It serves both as a feast for the eye and to set the tone more and more concretely as you progress. At several points there are these stone benches where Niaee and Nyaa can sit and admire their surroundings, giving you the opportunity to appreciate them as well. There is even (small spoiler) an achievement linked to these benches.
While both the story and setting borrow from many other sources in the genre, and rely on several tropes, it all works together seamlessly well. There are moments of high adventure, heart-pounding escape, and poignancy, and while the puzzles themselves aren’t particularly hard (your mileage may vary) I honestly found myself caring about these two boys. I understood their fears and their challenges in a way I seldom get to in video games. The game itself is more like a movie in that sense. At times you feel like more of a witness than a participant, but in a very good way.
Throughout the short game, from beginning to end, I wanted Naiee and Nyaa to succeed as much for their father’s sake as for their own character growth. In fact if I have to call out the single biggest problem with this game it is that it is too damned short. Oh, it tells a complete story in an amazingly cinematic way, but I had so much fun with it I just wanted more. I was left with the same feeling I often have at the end of a great book, “God, I hope the author writes more.”
That is not to say the game, mechanically, isn’t without its flaws. At times having to control the brothers simultaneously gets cumbersome, and there were a couple of puzzle mechanics that (and maybe I was just doing something wrong) seemed needlessly slow … as if they were simply slowed down to add gameplay to a short game. In all, though, if you like games like Journey and Fable (and even if you don’t) I highly recommend Brothers: A Tale of Two Sons.
I’ve included a video I put together highlighting some of the gameplay in the first three chapters of the game. While I did my best to avoid story spoilers, there are perhaps spoilers to some of the puzzle solutions.
The Good: Immersive story.
Innovative gameplay.
Original puzzles.
The Bad: A few needlessly slow puzzles.
Not long enough.
Tagged: 505 games, adventure, brothers a tale of two sons, characters, comical death, gameplay, gaming, gruesome, josef fares, puzzle, starbreeze studios, steam, story
Bebhy
Daize
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NL: Remembering Hypatia
This time we read Remembering Hypatia by Brian Trent.
Sigh. I bought this back when it first came out, started it, stopped somewhere in Chapter One, or maybe Two, and never picked it up again. I kept reading great reviews of it, but ... When it was chosen for NL, I thought, 'Okay, I'll finish it and maybe it'll pick up.'
I did. It didn't.
To start with, there's way too much needless messy personal life. There's no evidence that Hypatia and Orestes were in love, I doubt there's evidence that Orestes' wife cheated on him with anyone at his court, and certainly no need to offer us badly written sex scenes dealing with it. For that matter, one of the many reasons I can't stand the main character is that he's led by what his poor suffering friend Arion so coyly calls his "loins". From day one all he can think about is seducing Hypatia, and the first bit of action in the book is him and his friend getting chased by a man whose fianceé he seduced. He steals from his employer, and the fact that he's using what he steals to make a present for Hypatia is meant to make us think kindly of him. It didn't work for me. Thasos is a jerk. The fact that the book opens with his death - it's an extended flashback - means I'm not interested in discovering his good qualities, either.
He's not the only character that's hard to get to like. A few of the very minor ones are intriguing, but not well developed, and Orestes is pretty two-dimensional, too (I think his love for Hypatia is supposed to humanize him, but it didn't, not for me). Orestes' wife is a one dimensional caricature (who asks the doctor who's just operated on her brutally wounded husband "When will I have my bedroom back?" That's not credible behavior) who undergoes a wholly unmotivated 180° turn in her last scene, and is then ignored even when her husband abandons Alexandria. Thasos' mother is a cipher who suddenly becomes a fanatic. The most intriguing character - the nameless Egyptian girl Thasos runs into at the Library - vanishes from the book (Trent never read Chekov). The two Christians, Cyril and Peter, are even less well-drawn - lying, ambitious schemers whose faith is never explored even to deny its existence. The end note tells us that Cyril "was subsequently declared a Christian Saint, a title he continues to hold today." That makes it sound as if his involvement in the purging of Alexandria is why he was canonized; in fact he was a scholar with an immense output, a defender of Mary's exalted position (the Theotokos) and warrior against the Nestorian heresy. His position as one of the five Doctors of the Church (Orthodox) rests on his theology. This Cyril is nowhere to be found, save for a few frothing references to the Novatians. All of the characters are like that - reduced to a few, usually primitive, traits: lustful, hate-filled, angry - or loyal, brilliant, sad... In fact, Hypatia herself never seemed real - and the embarrassing scenes where she lusts after Orestes are painful. But they're hardly the only ones.
Because the thing I really hate about this book is how very badly it's written.
I'm not talking about things like "Too far, he thought. I'm going to far." or "What's it's shape? What's it's size?", which are frequent but minor, but rather of truly bad sentences, things that make me stop dead and marvel over. Sentences like these:
Two men wearing mud-brown robes that covered them from neck to ankle entered, seized his nineteen-year-old body, and hauled him out into the chill night air.
Nervous by his sudden seizure of conversation with her, Thasos assumed a stance of mild bravado.
The desire to gaze and appreciate the voluptuous landscape of her body was nearly overpowering.
She would tell the woman everything about her husband's trysts, and watch as the hybrid wept at her lover's betrayal.
"You wound me such? ... You dare to wound me such!"
Marina made the realization that the hybrid's life must have been a lonely one.
He was not uncomfortable with solitude, and neither was intimidated by the demonic hours before God's light warmed the Earth's face.
That last one, particularly, is so awe-inspiringly bad that I actually stopped dead on reading it and made a mental note to post it. These are sentences written by someone who doesn't understand the nuts and bolts of his native language.
Then there's this action, which baffles me. I truly can't picture it as described:
Once he had closed the rectory door behind him, Cyril let his hand fly like a Pharaoh's whip and struck Peter in the face. The blow knocked him to one knee. Moving swiftly, Cyril placed one foot on Peter's side and pushed, rolling the boy over onto his back.
The book is full of these awkward clunkers.
Then there was the long excerpt from the report of the debate between Hypatia and Tyndarus - and I'm not talking about the breathless, overblown style ("his smile a candle-wax that had melted off his face"- what does that even mean??); for all I know, the scribes who took down those debates really did write like that. I doubt it, but maybe. No, it's more bad copy-editing (and when the copy-editing is this noticeable, the writing is not good). The excerpt was in italics, and not quoted - except when there was a quote at the beginning of a paragraph, leading to double quotes there - and at the close quote! It was maddening:
Her words hushed the audience. No mouth quivered, all eyes were dazzled. Like men of caves who had seen the sun for the first time, a blanket of reverence had settled over all.
Except for Tyndarus.
"'Nonsense!'" he retorted, his smile a candle-wax that had melted off his face. "'The world is a stage set for mankind, with constants that ache to be recognized. Change is the illusion, Hypatia. It seems to happen but doesn't. Change is only order on a grander scale!'"
And this account of Hypatia's first ever public lectureshows us this book's biggest problem with Hypatia the character:
She masterfully wove a tapestry of speculation that hovered in the minds of all present, like a quilt made from spools of thought. The students were her prisoners, and by the end of the Debate many dared to whisper that Tyndarus had been beaten. All the while, the eyes of the Elders never left the duel.
Do you see what I mean? Trent has a character who is supposed to be a great teacher and spell-binding lecturer, but he never gives us more than a couple of sentences of any speech. I think it might be partly that he thinks the science would slow the book down if it was given to us in bigger doses, though it would have been something I'd have enjoyed reading. But more than that, I think Trent isn't capable of writing a lecture that would dazzle us, cover us in "a blanket of reverence." The bits we see aren't that spell-binding, that's for sure. In fact, even when a student (Thasos, of course) gives an answer that enthralls his peers, we don't see it. Trent just tells us they're enthralled. It's the same problem that Fred Clarke described so succinctly in reviewing Left Behind:
LaHaye and Jenkins, then, have set a trap for themselves. This chapter, like all their others, fails to convey what they intended, but this time the failure is not mainly due to their relentlessly awful writing. The failure is built in. There is no way they can possibly show us what they have told us we are going to see.
This happens even to good writers when their story includes, say, a character who is a world famous great poet. At some point, readers are going to need to see some of that poetry for themselves and the writer is going to have to prove as gifted a poet as the character has been built up to be. (source)
Trent hasn't quite set himself the problem of the Antichrist winning over the world, but Hypatia's lectures are presented pretty much in the same way: Her words hushed the audience. No mouth quivered, all eyes were dazzled. Like men of caves who had seen the sun for the first time, a blanket of reverence had settled over all. It would be so much better if we got those words. (Though not, of course, if Trent was as bad as LaHaye and Jenkins and Hypatia's speeches were as excruciatingly banal as Nicolae Carpathia's.) Trent knows he can't pull it off, so he doesn't try. He just informs us of it, and moves along.
I wanted so much to like this book. It's a fascinating historical period and a tragic piece of history, which echoes in some of today's events. The three main actors - Orestes, Cyril, and Hypatia - are towering figures of accomplishment and learning. Hypatia was less a pagan than an agnostic (possibly even an atheist) - the term "pagan" was less precise then; Cyril was a devout Christian and an influential player in the early, formative years of the church; and Orestes, though a Christian, could be the patron saint, if you'll pardon the expression, for the separation of church and state. We could have gotten a story of "Church - State - Academia" and the war between the former and latter with the middle ... well, in the middle. But that's not the story we get. Instead, we get this muddled broth of ill-defined politics and sex, and the "everyman" character we're supposed to identify with is both obnoxious and blinkered...
This book annoys me so much I'm even angry at the subtitle, A Novel of Ancient Egypt. This is the fifth century AD! It's seven hundred years after Ptolemy I. It's after the Visigoths sacked Rome! The fact that I can't let that go means this book completely failed to reach me. And I'm angry about that.
Labels: freethought, nl
At 10:58 AM, November 01, 2008 C. L. Hanson had this to say...
Good points. The sentence-level problems really put me off. It seemed like the author was trying to make it sound ancient and exotic, but didn't exactly succeed.
At 11:14 AM, November 01, 2008 Deborah Godin had this to say...
Whew! Looks like they ought to give a Bulwer-Lytton Award for more than just opening sentences!
At 1:30 PM, November 01, 2008 Unknown had this to say...
Yes, yes, yes, and yes. I agree completely. I felt like Thasos was modeled after the author, which makes me dislike the author even more.
At 1:55 PM, November 01, 2008 John Evo had this to say...
I guess I'm not really very good at analyzing books. I knew I didn't care for it. I knew it wasn't great lit. But I couldn't have really said why.
For instance, I look at all of your example sentences. I see some pretty mediocre writing. I never would have thought to point them out as examples of really bad writing. Even the last one.
At 4:24 PM, November 01, 2008 Anonymous had this to say...
It's too bad the book was so poor because, as you noted, the subject matter is so rich with possibilities. You won't be surprised, if you don't already know it, that iUniverse is an outlet for people to self-publish.
Wow. Everyone has their opinions, and mine is to disagree totally with the comments here.
We read this book a year ago with my book group, and loved it. In fact, the author has become one of my favorite columnists over at Populist America, and the charge against his writing is dead wrong. Next to Bill Maher, Trent is a masterful commentator on politics and religion. http://www.examiner.com/x-1051-Independent-Examiner
And the language of Remembering Hypatia? Gotta disagree again. I don't feel like typing up every sentence, but here: "... Thasos breathed in the sweet, moist air as he went. It was the flood season of Egypt, when the Nile swelled like a fat serpent from the heavy rains of Africa's interior. The early sun brighteneed the limestone homes that cluttered the riverside avenue, and Thasos squinted under their painful glare."
That's a great rendering of the city, and put me there immediately. So did the description of the characters:
"Setne was an elderly Egyptian man with dark skin and skeletal hands. He had large almond-shaped eyes and a beak-like nose. His lipless mouth turned down at the corners. He was bald, but for a few grey strands sprouting dismally on the crown of his skull."
Hypatia's debate with Cyril was everything you said it wasn't. I found it enthralling and precise. The back-and-forth was tense and applause worthy in my view.
Thasos as a lustful kid? Sure, that was the point. His journey of growing (where Peter, of the same age, goes the other way) was the frame of the story. Now, there's nothing in history to indicate that Orestes and Hypatia were involved, but so what? Gladiator invented some things about its subject matter too, and that didn't take away from the story or impact.
I agree there was a lot of examinations of characters' personal lives. I guess that didn't bother me. But I think you've grossly mischaracterized the author's style and strength.
At 7:22 AM, November 02, 2008 The Ridger, FCD had this to say...
Anon: I'm glad you liked the book. But I (obviously) don't agree that I mischaracterized Trent's style. Your example is a case in point - the bit about the sun blinding him off the houses is nice, but "swelled like a fat serpent"? I don't think that's a felicitous simile. The characters are physically well described, but their characters don't match. And the occasional well-turned phrase is counter-weighted by the clunkers. The debate with Cyrus? The confrontation was designed to make Hypatia triumphant and him a weasel, which he most certainly was not. Historically he wins, since most of her writing is lost, but did the words in his mouth sound like a Doctor of the Church, or a Klansman on the ropes?
And Thasos didn't have a "journey". He had an unmotivated transformation, in a couple of months. Peter didn't go the other way, he was already there when we started. Again, that would have been an interesting story - several years of watching two Alexandrian kids grow into two very different men. But it's not the story we got.
We have to disagree, I guess.
At 11:33 AM, November 02, 2008 Anonymous had this to say...
Sure, we'll agree to disagree. I think comparing a winding river to a serpent is an example of an effective metaphor. And Cyril's arguments are like those that religious politicians today use. It was definitely not Good Guys Versus Bad Guys here, but I thought a great character study of fanatics and freethinkers.
At 10:04 PM, March 25, 2009 michaelbaron had this to say...
I just finished it and was profoundly moved. Yes, some of the flow of the words required my forgiveness, but what a great story. As a freethinker I would imagine you, as I, have some deep wounds. The horrible way religious zealots have hurt our world is something that can't be written about too often.This novel makes me proud and sad to be someone who questions beliefs. I am about to read Never Grow Old, his next novel and I expect to find some maturation of what I consider to be the easy things to fix along with the things that moved me so much.
At 5:21 AM, March 26, 2009 The Ridger, FCD had this to say...
It is indeed a wonderful story, but he didn't make it up; it's based on fact. That means all I have to judge him on his is style.
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Home Columns Island Life A Documentary Runs Through It
A Documentary Runs Through It
Peter Ray
It was a mostly uneventful seven hour drive home from Missoula the other day, after immersing myself once again in ten days of short and feature length documentaries, as well as workshops looking at and instructing in many aspects of documentary filmmaking, all at the 17th annual Big Sky Documentary Film Festival. I say mostly uneventful because there was one thing that still kind of sticks out. I was almost to the Montana- Idaho border, just before Lookout Pass, and I had a sudden urge to visit a rest stop. Pulling into the parking lot, the five or so inches of snow from the night before was just beginning to be tended to by a lone driver on a snowplow-equipped ATV. After spending not very much time in the restroom I headed back to my car (which was the only car parked in front of the restrooms at that time), only to find snow all over the hood and a newly formed bank of snow completely obscuring my front bumper and grill. I needed a couple of cans of water from the back of my car, and as I was getting them, the ATV driver plowed another load of snow into my front left fender, while I was standing there a bit perplexed.
Closing the hatch. I walked to the driver door which was still snow-unobstructed and retrieved my cell phone from the front seat, and then snapped a photo of the front end of the car. As I was standing there, snowplow guy delivered another load of snow to the front end of the car as I was taking a picture of him doing it, and without looking at me, he waved his arm in the air and yelled for me to get out of the way. I briefly entertained the thought of getting the metal baseball bat I have in the trunk out to at least threaten some frontier justice, of sorts. But I opted for leaving and checking in with the Montana DOT when I got home. They sent an apologetic response saying that they contracted out the maintenance of that rest stop and asked that I send along the two pics I’d snapped, saying that they would be helpful in attending to the matter. The rest of the trip home was most strikingly event free, which is a preferable state of travel to be in. Having just seen somewhere over fifty short and feature films that were there to record and display a variety people and events of varying degrees of notoriety and importance, uneventful from there on out was fine with me.
But, what about those films that were there to display a variety of recorded events, you might say? To that, I would respond that to get to any of these films one must first address choice. This particular festival this year had four venues, nearly 150 films and an entire five day schedule of workshops. I arrived in Missoula on Thursday night, and spent most of the time Friday until the first block of shorts at 7pm that evening, sorting through the list of selections and constructing a matrix of times and films in order to maximize my viewings. It is a bit like navigating a maze, where one gets to a point of impasse, and then you take a step back to see if the choices you are stuck on are playing at other times and venues. If there is no other option, one then has to decide what is seen and what is missed. There is also the problem of buzz or curiosity sneaking in and causing a re-thinking of priorities, at which point one does have the option of x’s and arrows applied to one’s best laid plans whilst confronting the additional, deciding factor of whether one is to stay on for the Q&A with the director and whether that leaves enough time to speed walk from the Roxy, over the Clark’s Fork to the Elks Lodge in time to avoid the line at the door and the possibility of a sell out. If you get any of those wrong you are left with the choice of moping about it or going to have the dinner you would have otherwise skipped instead. Sometimes it is the universe telling you to chill out and have a beer and give your brain a chance to sort some files before the next cerebral bombardment begins. But what about the movies, one might ask once again?
I went into the festival, having looked at the selections list on their site before I got my printed program, with a few films that I really wanted to see. ‘American Factory’ was somewhere at the top of that list, both because of the buzz it had from its recent Oscar win, as well as the fact that directors Steven Bognar and Julia Reichert would be in attendance, since they were both being honored with retrospective screenings of their work, and because they were giving a master class workshop- all aspects of this did not disappoint. It was an amazing film about a Chinese company going to Ohio to reopen a closed General Motors plant and retool it for auto glass production. It dealt with cross-cultural bonding and conflicts between the American and Chinese workers, a struggle to unionize and surprise insights into how management tries to drive production while questioning the relevance of the trappings of their success. A much simpler but insightful film was ‘Oliver Sacks: His Own Life’, which took an all-encompassing view of his career as a neurologist and writer, and followed him up until the time of his death a few years back.
‘Martha- A Picture Story’ tells the story of Martha Cooper, who in the 1970’s was attracted to photographing the graffiti that bloomed and proliferated on New York City’s subway cars. Having grown up with the yearly trip into the city from the burbs, I remember being stopped in my tracks as the first cars I saw painted by rogue taggers rolled into the station. I was merely amazed- Martha Copper made recording these works her obsession, and she didn’t realize until years later that the book she published on subway art had become an international cult guidebook for graffiti artists everywhere. ‘Feels Good Man’ has a look at Pepe the Frog, who was the creation of Matt Furie back in the early 2000’s. This doc is the story of how this cartoon drawing of a stoner frog who hangs with three, close animal type friends and likes to pee in the bathroom with his pants pulled all the way down, because it feels good man, became a meme and eventually an internet symbol of hate for the alt-right. I was not originally going to see this and then something came along to inform me that I should go- I don’t recall what that epiphany was, but I’m glad it changed this particular life course.
Another film along the lines of switching my scheduling around to attend a screening was ‘Rewind’, a film by Sasha Neulinger. It told his own story about childhood sexual abuse, through a series of twists and turns and revelations. It was also one of those films where I was planning to bolt to the next screening on my list when I realized after the lights came up at the end that the director was present and was available for questions. I stayed, and I think I actually did make it to the next film elsewhere. ‘The Story of Plastic’ was one of those films that I almost didn’t go to because, from all that I already know about the worldwide plastics plague, I had a feeling that it would leave me angry and frustrated and hopeless, which it did. But it was still worth seeing because of the breadth and depth of its scope, and that it is an affirmation of sorts for my titling my latest photo series ‘Life at the End of the World’, which may or may not be a good thing.
There was the film ‘Public Trust’, which further exposed the ongoing assault on national parks and monuments and refuges by the current orange offense in the oval office. ‘Common Ground, the Story of Bears Ears’, doubled down on that scary enlightenment, but just focused on that sacred Indian land in the southeast corner of Utah that was put into official preservation by the Obama administration, and which then, of course, put it in the cross hairs of Hair Twittler and his extraction cronies. Both of these films made me so angry I had to walk twice as fast to the next Missoula Brew Pub afterwards. On the complete other hand, there was the adventure film ‘Race to Alaska’, which was on my list before I left home. Some of you may have heard of the 70/48 human powered vessel race from Tacoma to Pt. Townsend which Islanders Bruce Morser and Bob Horsley participated in last summer. Race to Alaska is kind of connected to this in that it starts a few days after the finish of 70/48 (70 miles in under 48 hours), and involves human powered as well as sail powered boats, but requires the removal of any engine from any vessel participating, which can then be replaced by oars or any human powered or pedal powered contraption one could dream of, as well as get to work properly for the 750 mile trip from Pt. Townsend, to Victoria, BC and then on to Ketchican. This film was a salve and a balm for the psychological, emotional and environmental beatings one had to wade through elsewhere. All in all though, this festival is a worthwhile experience that I plan on going back to Missoula for next year. Maybe this time I will have something they’ll let me show. We’ll see.
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Nikki Giovanni: Poet, Dreamer, and Hokie
Renowned poet, eight time NAACP award winner, University Distinguished Professor, and the list of achievements goes on, but much to Virginia Tech’s credit–Nikki Giovanni is a Hokie.
Although she didn’t attend Virginia Tech for her degree, she is part of the VT Stories featured faculty selection. Nikki is a vital member of the Virginia Tech family and an inspiration for all of Hokie Nation. She is a proud supporter of the arts and the humanities, a big football fan, and an effervescent professor. She holds the keys to over two dozen cities, has too many honorary degrees to count, and could be anywhere in the world. Still, she chose to make Virginia Tech her home.
Born in Knoxville, Tennessee before eventually moving to Lincoln Heights in Cincinnati, Nikki returned to the south every summer to stay with her grandmother. Early life in the Giovanni home was heavily influenced by religion, education, and the shadow cast by her talented, older sister Gary. Both of her parents were college graduates and teachers. Still, Nikki marched to the beat of her own drum. This manifested itself early in her decision to read books and speak to teachers outside of normal coursework. Though it may not have been recognized early on, Gary would be the singer and dancer of the family, but Nikki would be the writer.
Those annual summers at her grandmother’s brought Nikki face to face with segregation, but she didn’t fully realize the situation at the time. Though she doesn’t recall understanding why she couldn’t go to the library herself for books she wanted as a child, Nikki’s awareness of segregation grew as she matured. Swimming, movies, and even circuses became events and places that caused discomfort. She came to realize the right and the need to protest.
“And of course you went to picket with them because it was the right thing to do… I mean, I wasn’t, truly I was not important. I was just another body in the line. But you realize that something has to change. And even as those things changed something would never be the same.” Nikki Giovanni
Nikki’s proclivity towards autonomous learning has continued throughout her life. Though she never graduated from high school, she was granted acceptance at Fisk University as an early entrant. Fisk was a large adjustment, and she and the school’s dean at the time didn’t see eye to eye. After spending a year away from Fisk figuring out what she wanted from life, Nikki returned invigorated and ready to complete her undergraduate degree in History.
“And I am a big, big, big fan of there are no mistakes, there are just learning opportunities. And I say that to my kids, and my kids don’t understand it right now. But no matter what happens, no matter what goes on, it’s not a mistake, it’s another way of learning.” Nikki Giovanni
She initially went from Fisk to the University of Pennsylvania’s School of Social Work. This, too, was a learning opportunity that led to a Dr. Shoemaker inspiring her to attend Columbia’s MFA program. From there, her poetry and writing career took off and has never slowed down.
Dr. Virginia Fowler, Director of Undergraduate Studies in English and the Literature and Language Program at Virginia Tech, happened to be at a conference where she heard Nikki speak. The two began corresponding about Virginia Tech, and this led to Nikki and most of her family moving to Blacksburg. With her family near and the welcoming Hokie community, Virginia Tech quickly became home.
Nikki became Virginia Tech’s first female University Distinguished Professor and quickly set to work inspiring her students to find their own voices and share their dreams. Although Virginia Tech was certainly not the most diverse campus, then or now, she has never allowed race to hold her back or affect her opinions of others.
Throughout her many years here, she has had the opportunity to teach a variety of courses and a multitude of students. One of her favorite classes has been her Harlem Renaissance course. In fact, an activity for this course led her to meeting one of her favorite Hokies– a man most know as Coach Frank Beamer.
Nikki supports many programs at Virginia Tech, but she is a most proud supporter and defender of the arts. Beyond sharing this passion with her own students, she has encouraged the arts in the university at large by procuring funding and establishing the Steger Poetry Prize.
“And as I sit here, one of the things that I enjoy, and it’s now the 12th year, is that Dr. Steger took me out to dinner one night, and I love Dr. Steger so much, and he said, you know, Nikki, if I gave you $1,000, could you give me a poetry prize? And I said sure, because the answer to almost everything is yes. “ Nikki Giovanni
In her 30 years here, Nikki has been a constant advocate for writers. She has happily taught students in her 8 a.m. creative writing classes who she gets “from their dreams.” She brought her family here and made Hokie Nation a part of her. She has also been with Virginia Tech at its darkest hour. “We Are Virginia Tech,” a familiar chant to any Hokie, comes from Nikki’s impassioned reading at the 2007 commencement ceremony. Nikki, and all Hokies, take solace in knowing that the darkness of that day and that tragedy are the farthest things from what Virginia Tech is about.
“And God knows you didn’t want what happened here to define us, because that’s not who we are…we have to define—it’s what we were talking about earlier—whether it’s racism or anything else, you have to define yourself. You just…you have to. And if you don’t, you’ll let some fool define you.” Nikki Giovanni
At 73, Nikki is vivacious as ever, and she advises the joy of growing old to everyone. She has gone from the baby of her family, to the oldest relative. She loves music, cooking, and learning. Nikki is a renowned poet. Nikki is passionate about politics, writing, and her students.
Nikki Giovanni is a Hokie.
Experience Nikki Giovanni’s full interview here!
Date Recorded: March 14, 2017
Interviewer: Ren Harman
Date Posted: March 29, 2017
Editor: Jessica Craig
Jerry Hulick: “Ut Prosim” in Action
Clara Cox: Writing Hokie History
FeminismHistoryNAACPPoetryProtestRacial SegregationSteger Poetry PrizeUniversity Distinguished ProfessorVT Featured FacultyVT150
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Strategies and Cultures of Movements
Rights, Resources and Accountability
Marginalities, Democracy and Power
Development, Urbanisation and Equity
Critical courses
Smithu Kothari
OpenWord
HomeAbout UsCommunity
CACIM Community
CACIM attempts to carry forward the work of building a network among activists and thinkers in different parts of the world and in different fields who are at – or who are moving towards – a stage of critical reflection in their work, and of supporting activists or advisors that most movements around the world have associated with them (those whom Gramsci termed ‘organic intellectuals’), and others involved in the theory and practice of other modes of movement, such as in dance, film, music, and science. We expect these constituencies to be both the primary contributors to such a network and process and also the primary users and interpreters of what it has to offer. As envisaged, the combination of production / contribution, use, and interpretation will lead to the progressive construction of open-ended, multidirectional bridges between participants – and where these bridges will themselves progressively become platforms and networks for critical action, in each of these fields. These are the present Associate members of CACIM.
Sanjib Baruah is Professor, Department of Political Studies, at Bard College, Annandale-on-Hudson, New York State, USA. Till recently, he was Visiting Professor, Centre for Policy Research, New Delhi, and before that, Senior Fellow and Head Centre for North-east India, South Asia and South-east Asia Studies, Omeo Kumar Das Institute of Social Change and Development, Guwahati. He has published widely on the north-east, most recently Durable Disorder : Understanding the Politics of Northeast India (Oxford University Press, Delhi), and before that, India Against Itself: Assam and the Politics of Nationality (University of Pennsylvania Press, Philadelphia). baruah@bard.edu, sanjibbaruah@yahoo.com
Sundar Chaterji took his Master’s degree in Economics from the Delhi School of Economics, University of Delhi. He works as a communicator, actor, and film and television director/producer. He was Creative Director of the Calcutta office of Hindustan Thompson Associates Ltd for 13 years before starting his own unit for communications and film work. His documentary film on spastic children was shown in the Indian Panorama section of the XIIIth International film Festival of India. He has also scripted, directed, and presented a number of documentary films, including a series for the Countrywide Classroom Programme of the University Grants Commission. He anchors discussion programmes on TV. The travel programme from Gomukh to Ganga Sagar, Pradakshina, which he presented, is still well-remembered. Chaterji has been consultant to UNICEF for the National Literacy Mission Project in West Bengal and communications consultant with UNICEF, Bangladesh, on issues relating to violence against women. He has lectured as visiting faculty member at the National Institute of Design, Ahmedabad and the Indian Institute of Management, Calcutta. He is a member of the CA (Critical Action) network that led to the formation of CACIM Chaterji is also known, under the name Dhritiman, for his acting work in films with filmmakers such as Satyajit Ray, Mrinal Sen, and Aparna Sen, and lately with younger directors like Ashoke Viswanathan and Malay Bhattacharya. SundarChaterji@electricshadows.org
T B Dinesh : A significant tool set can provide for networking and knowledge sharing in a diverse set of communities like schools, apartment complexes, NGOs, SMEs, government offices and online community managed databases. Dinesh has been directing a local team to develop one such tool called Pantoto, by being excited at the possibility that various communities can manage their community knowledge and develop effective online networks that encourage participation. Information technology has to reach the common non IT-savvy person, to enable them to not only create indigenous information but also provide tools to help them help their communities. Dinesh works with the groups at Janastu (http://janastu.org) and Servelots (http://servelots.com) who continuously explore tools for the needs of NGOs and SMEs. Dinesh has a PhD in Computer Science from the University of Iowa, US. He has been in academia, research, and industry in the USA and the Netherlands. He has worked on object-oriented programming, generation of software from specifications, and structuring information for its multi-faceted use on the Internet. He is now mostly engaged in issues, projects and IT related solutions of communities. tbdinesh@servelots.com, dinesh@servelots.com
Kishan Kaljayee, Senior Publication Officer, Bharatiya Gyanpeeth, New Delhi, is an experienced writer, journalist, editor, dramatist, and social activist who is closely associated with movements in Hindi-speaking India. At presented he is the. Together with Madhuresh Kumar, he coordinates CACIM’s ‘Hindi Heartland Project’, which includes the preparation of a four-volume Hindi edition of World Social Forum : Challenging Empires (edited by Jai Sen, Anita Anand, Arturo Escobar, and Peter Waterman, 2004). kishankaljayee@gmail.com
Madhuresh Kumar is a researcher and social activist. Now Programmes Coordinator with CACIM, till February 2005 he was with the Mahanirban Calcutta Research Group (MCRG) in Kolkata (India), working on issues of globalisation and human rights. He is also Secretary, Unnayan, a civil organisation based in Kolkata. A student of history at Ramjas College at the University of Delhi, he then worked with Jai Sen in New Delhi and collaborated with him in the preparation of two edited books on the World Social Forum (World Social Forum : Challenging Empires (Viveka, New Delhi, 2004) and Are Other Worlds Possible ?Talking New Politics (Zubaan, New Delhi, 2005). He is now working with Kishan Kaljayee on the Hindi edition of World Social Forum : Challenging Empires and on CACIM’s Hindi Heartland Project, centred on discussion based on a four-volume Hindi version of the original English edition. In 2005, he published Globalisation, State Policies, and Sustainability of Rights (Mahanirban Calcutta Research Group, Kolkata). madhuresh@cacim.net
Manju Menon is a member of Kalpavriksh, an environmental action group based in Delhi and Pune. With them she works on environment and biodiversity conservation issues. The philosophy of the group is to view local communities as central to the imperative of conservation and to popularise and support the centuries of work that several local communities have already put into biodiversity conservation through their cultural, social, and spiritual practices. She also carries out research and investigations on the impacts of large development projects such as dams and mines on the environment and local communities, and on policies and laws that govern environment decision-making in the country. She has investigated several large dam projects in Northeast India since 2001 and has been part of a network that has been advocating for relevant changes in the Environment Impact Assessment Notification. Her writings on these issues have been published in reports, journals, and newspapers. manjumenon1975@gmail.com
Arvind Nair, who qualified in 1984 and has been practicing the profession of accountancy since then, is Fellow Member of the Institute of Chartered Accountants of India. He has wide experience in the field of taxation, auditing with specialisation in management audits, internal audits, and systems consultancy, company law matters, and statutory audits. In the NGO field, he has done audits/assignments for the Nuclear Science Centre, the Consortium for Educational Communication, the Ramjas Foundation, the Goodearth Education Foundation, CORD – the Chinmaya Organisation for Rural Development, Agewell Foundation, and the Om Satya Mehra Public Charitable Trust. a_k_nair@yahoo.com
Leo Saldanha has a background in Environmental Science from Bangalore University. He has gained experience in the areas of Environmental Law and Policy, Decentralisation, Urban Planning and a variety of Human Rights and Development related issues. He has over a decade’s experience with social and environmental justice action in India and is full-time Coordinator of ESG (Environmental Services Group), an organisation he helped initiate. He is a trainer for the National Law School of India University on environmental law issues, and facilitates various NGO training programmes. In recognition of his work, AID (the Association for India’s Development, USA) nominated him under their AID Saathi programme for a period of three years starting 2001. leofsaldanha@gmail.com
Subramanya Sastry (or ‘Subbu’, as he is known) wears several hats. He works as an independent software developer, works as an IT consultant for NGOs, volunteers with non-profit organizations, and currently works as an employee of Environment Support Group (http://www.esgindia.org). He has a PhD in Computer Science from University of Wisconsin-Madison (2003), and has spent considerable time in the last six years with several volunteer/NPO/NGOs in various capacities as the organization/situation demanded. His interests include issues of social justice, with an emphasis on deeper understanding vis-à-vis cultural, societal values, and individual lifestyle choices. In the past, Subbu maintained the Friends of Narmada site (http://www.narmada.org). He also volunteered with ASHA-Madison (http://www.ashanet.org/madison) and co-ordinated the Madison chapter in 1999-2000.
In Bangalore, he is currently working with Environment Support Group helping with their project work, campaigns, and IT setup. He has also been associated with CACIM since 2004, helping develop proposals in the cyber and information-documentation field and in starting up the CACIM webspace (http://www.cacim.net) and the OpenSpaceForum? webspace (http://www.openspaceforum.net).
In the realm of IT, he is currently working on an automated news monitoring tool which is of interest to NGOs, researchers, and social scientists (http://newsrack.in) and is more broadly interested in the technology-society interface and on projects relevant to the needs of social justice groups and marginalised sections of society. sastry@cs.wisc.edu
Jai Sen, an architect by training and earlier an activist on dwelling, labour, and rights-related issues based in Calcutta (now Kolkata), India, is now a researcher, writer, and installation architect living in New Delhi. Till recently independent and during 2004-6 a Nehru Fellow, he is now Director of CACIM (India Institute for Critical Action : Centre in Movement), New Delhi, and also of Unnayan, based in Kolkata. He writes, publishes, and creates events on and around the history and dynamics of popular movement in India and on the globalisation of civil movement. He has published widely. Among other things, he has edited, together with Anita Anand, Arturo Escobar, and Peter Waterman, World Social Forum : Challenging Empires (New Delhi : The Viveka Foundation, 2004); ‘Explorations in Open Space : The World Social Forum and Cultures of Politics’, special issue 182 of the International Social Science Journal, together with Chloé Keraghel (UNESCO and Blackwell’s, December 2004); and Are Other Worlds Possible ? Talking New Politics with Mayuri Saini (New Delhi : Zubaan Books, 2005). He has also written ‘A World to Win – But whose world is it, anyway ?’ in Whose World Is It Anyway ? Civil Society, the United Nations, and the Multilateral Future, edited by John W Foster with Anita Anand (Ottawa : United Nations Association of Canada, 1999) and ‘Are other globalisations possible ? The World Social Forum as an instrument of global democratisation’, in From a Global Market Place to Political Spaces, edited by Leena Rikkilä and Katarina Sehm Patomäki (NIGD, 2002). jai.sen@cacim.net
Address:R-21, South Extension Part 2 New Delhi 110049
Phone:+91 11 4356 2925
Email:cacim@cacim.net
Website:www.cacim.net
Copyright © 2019 CACIM (India Institute for Critical Action: Centre In Movement)
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Feb 04, 2016 - JENNIFER NEVILLE-LAKE DEVASTATED SHES NOT 'A MOM ANYMORE'
Mother of 3 children killed says 'every single facet' of her life destroyed
Jennifer Neville-Lake says she is no longer afraid to call Marco Muzzo what he is: a drunk driver.
"A drunk driver killed my family. And he admitted to it," said the mother of the three children killed alongside their grandfather in the Sept. 27 crash.
"I was always afraid to call him what he is: a drunk driver. Now I can say that and I don't have to be afraid to say that anymore."
Harry, Milly and Daniel, were identified as the three children of the Neville-Lake Family killed in a crash in Vaughan, Ont. Their 65-year-old grandfather was also killed.
Muzzo was driving an SUV that collided with a minivan carrying six members of the Neville-Lake family on Sept. 27 in Vaughan, just north of Toronto. Daniel, 9, Harrison, 5, Milly, 2, and their grandfather, 65-year-old Gary Neville, all died.
He pleaded guilty Thursday at a Newmarket courthouse to four counts of impaired driving causing death and two counts of impaired driving causing bodily harm. The 29-year-old was released on a $1-million bond with strict conditions.
He is due back in court for sentencing on Feb. 23 and possibly Feb. 24.
Neville-Lake could not say what a "reasonable" sentence for Muzzo would be.
"He took four lives from me. What's reasonable?"
At this time, Neville-Lake said she is unable to forgive Muzzo.
"He chose to do this. He chose to drive impaired," she said.
"Harrison, Daniel, Milagros (Millie), my dad — they can't be brought back. There is nothing [Muzzo] could say."
Daniel, the oldest of her three children, would have turned 10 Wednesday, Neville-Lake said while holding up a school portrait of the boy taken just two days before his death.
Jennifer Neville-Lake holds a portrait of Daniel. It was taken just two days before his death.
"He's not here with me anymore."
Neville-Lake said "every single facet" of her life has been destroyed, saying she does not feel like herself anymore.
Her relationships with her mother and husband have changed, she said.
She is expected to deliver an impact statement at Muzzo's sentencing.
"It's really hard to put down everything that I'm feeling, the total devastation of not being a mom anymore."
Source: CBC News
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Von Miller Speaks Out About Having the Coronavirus – ‘Take This Thing Serious’
Broncos linebacker Von Miller is the first big name NFL Player to come out in public having contracted the coronavirus.
The Broncos leader on defense spoke out on the “Today” show on NBC about getting the deadly disease, and how folks need to take the disease seriously.
“I appreciate all the well wishes and all the love from Broncos country,” Miller said. “I want to urge you guys to stay safe, stay inside, practice social distancing and take this thing serious because it is definitely for real. I know if I can be affected with this, then I know that anybody can.
“I just want to urge everybody to stay safe.”
The good news is that Miller said on the show that he’s feeling better, and that if continues to go in an upward direction he should be okay for the 2020 season.
“It all started with just a simple cough and then it got worse,” Miller said. “I also have asthma and my girlfriend, she was telling me that I wasn’t sounding normal and I should try my nebulizer, so I did. I tried the nebulizer, which I do before football games and practices regularly. But this time was different.
“It really didn’t work like it should I waited another day. The cough didn’t go away and my assistant, she said, ‘Why don’t you just go get tested? There’s no harm in getting tested.’ I went down the street, went and got tested. Two days later, my doctor called me and said that I had a positive result for COVID-19. …
“I was shocked. We’ve been taking this seriously since day one. I started in San Francisco, training where I normally train, and San Francisco was one of the first cities to have a stay-at-home order. Right when, San Francisco had a stay-at-home order, we made the decision to come back to Denver.
“I’ve been here in Denver for four weeks now and within that four weeks, I’ve probably left the house four times. With all of those times, I never got out of the car, just to drive to pick up food and come back home. So I’ve been taking it serious, staying at home. Of course, you know I have people come in and out, like workers, maids, people that come do the plumbing, just everyday stuff. But it was really nothing crazy, got a cough and here we are today.”
Related TopicsVon Miller
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Audi Sport has unveiled its latest Formula E race car, the 2021 e-tron FE07. While Covid-19 has played havoc with the ability to showcase the racing series to the public, the Formula E series continues on with the opening race of the 2021 season to take place in Santiago, Chile on January 16,...
2021 Audi RS Q8 test dr...
Introducing the 2021 Audi RS Q8, the latest performance model from Audi Sport, which is based on the brand new Audi Q8, unveiled just last year. The RS Q8 comes in the midst of a golden age of performance cars at Audi Sport. In the past few months we’ve seen a new RS7, RS6, and...
2020 Audi Q3 test drive
The 2020 Audi Q3 represents Audi’s entry level SUV in the Canadian market. The funny thing about these entry level models, size might be the only indicator of its entry level status. The second generation Q3 is built on the Volkswagen Group’s MQB Global platform, also shared with...
2020 Subaru Ascent SUV ...
The 2020 Subaru Ascent is the largest Subaru passenger vehicle to roll off its assembly lines. With an overall length of five-metres, the seven passenger Ascent extends an additional 140-millimetres beyond the latest Subaru Outback. Subaru’s previous crossover attempt, the Tribeca, sat...
2020 Audi RS6 Avant fir...
The 2020 Audi RS6 model is coming to Canada. Having been denied an RS6 model for years, we will be getting the Audi RS6 Avant, the wagon version of this icon of the Autobahn. Audi first introduced the RS6 in 2002 with a 4.2-litre, twin-turbo V8. That engine produced 450 horsepower and...
2020 Kia Soul test driv...
The third-generation 2020 Kia Soul represents the latest model of one of the Korean automaker’s funkier and most popular offerings. Originally introduced in 2008, the Kia Soul was late to the cute-box Crossover/SUV party, but most of its competitors (Nissan Cube, Honda Element, Scion...
Audi AI:Me concept at 2...
Audi’s centre piece at the 2020 CES (Consumer Electronics Show) was a functional, level 4 autonomous concept car, the Audi AI:Me. The electric powered urban car was originally shown at the 2019 Shanghai Auto Show. Since then, the concept has been further fleshed out and made...
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The Catch-22 of the COVID-19 Remote Workforce: A Payroll, Income, and Unemployment Tax Nightmare
Categories: Current Issues Blog
Comments Off on The Catch-22 of the COVID-19 Remote Workforce: A Payroll, Income, and Unemployment Tax Nightmare
By Alex Lewis
Working remotely has become the new normal, and it may stay that way after COVID-19.[1] Although many professionals enjoy the safety, freedom, and flexibility that comes with remote work, a potential tax nightmare may be around the corner for some in 2021. If employees did not switch over their withholding once they started working remotely in a different state, those individuals could incur a higher tax bill in their resident state and possibly incur penalties.[2] Additionally, companies that now have employees working in states other than the business’s home office may unintentionally trigger income or sales tax nexus in their employees’ home states.[3] These employers may also be required to pay unemployment insurance tax in those states that employees now call home.[4] Although some state legislatures have released guidance for determining nexus and apportionment of income due to remote workers, many states have yet to address the issue.[5] Out of all the uncertainty caused by COVID-19, one thing is clear—preparing and paying income, payroll, and unemployment tax for both individuals and corporations could be complicated and expensive.
Individual Income Tax Implications
Typically, the state in which a taxpayer resides taxes all of their income, regardless of where it is earned.[6] Additionally, when a taxpayer works in more than one state during a year, the individual must, in most states, allocate their income to the respective state in which it was earned.[7] When this happens, the taxpayer’s resident state will give a tax credit to the taxpayer for the state income taxes paid to another state.[8]
When employees began working remotely due to COVID-19, the taxpayer may now have less income to allocate to the state in which they normally worked (if it is located in another state).[9] Since less income will be allocated to the state in which they normally work, the amount of taxes due and the amount of credit that the taxpayer will be able to claim on their resident state income tax return will be lower.[10] The smaller credit could cause the taxpayer to have a much higher income tax liability in their resident state, which could result in tax penalties for failing to make estimated payments in their resident state.[11]
Although some states have exempted income earned in the state because of COVID-19,[12] others have not.[13] Thus, employees should check with their employer and change their withholding requirements to their resident state to ensure that they do not incur tax penalties as a result of working remotely.[14]
Business Income/Payroll/Unemployment Tax Implications
Businesses that allowed their employees to work remotely due to the COVID-19 pandemic may face far more challenges. There are a variety of ways that states require businesses to apportion income.[15] Most states require businesses only to apportion income based on the sales made within the state.[16] Those states will likely be unaffected by the COVID-19 remote workforce. However, other states apportion income with a multi-factor model, which allocates income based on sales, property, and payroll.[17]
The remote workforce will change these calculations because remote employees will change the amount of payroll allocated to each state. Some states have released guidance exempting income earned by employees in the state that were relocated due to COVID-19.[18] Under these exemptions, income earned by remote workers due to COVID-19 will not be included in the apportionment calculation.[19] Other states only allow an employer to exempt payroll from the apportionment calculation during periods when a government shelter-in-place mandate was in effect.[20] Thus, a business may need to determine the specific dates employees worked remotely and cross-check those dates with shelter-in-place mandate dates to calculate the payroll factor appropriately. In rare situations, a company may trigger nexus in a state, and an additional filing requirement, simply because they had a remote worker in the state, even though the business did not have any sales or property in the state.
States that do not have traditional corporate income tax regimes could cause further issues for companies. In extreme circumstances, companies may be required to register and pay certain income and other taxes.[21] For example, in Texas, a non-Texas entity does not have to pay their corporate franchise tax unless it (1) has over $500,000 of gross receipts from doing business in Texas; (2) obtains a use tax permit; or (3) has physical presence in the state.[22] Establishing physical presence includes having employees or representatives doing business in the state.[23] So, if a company normally does not have over $500,000 in gross receipts in Texas, but now has an employee working remotely in the state due to COVID-19, the entity must now pay Texas franchise tax. Washington’s business and occupation tax (“B&O”) has similar tax characteristics.[24] In Washington, a business must pay B&O tax if it (1) has physical presence nexus in Washington; (2) has more than $100,000 in combined gross receipts sourced to Washington; or (3) is organized or commercially domiciled in Washington. Thus, a remote worker could trigger nexus for a company even if they do not normally meet the $100,000 threshold.[25]
Finally, companies that now have employees working remotely could cause the employer to pay unemployment insurance tax in the state in which the employee relocated.[26] Some states require an employer to file with the state and begin paying unemployment insurance tax once an employer has one employee working in the state.[27] In some circumstances, an employee may be exempt from triggering unemployment insurance taxes.[28]
With so many changes happening for employers and workers, many taxpayers may not yet be worried about their next tax bill in 2021—but maybe they should be. Making sure that employers are withholding income to the correct state could alleviate future tax issues. Also, for businesses that are merely trying to stay afloat during the pandemic, the potential additional filing requirements will be an unwelcome surprise next year. Although some states have offered guidance on how to allocate payroll to the state, the nonuniformity in tax laws across states creates a hassle and could lead to a higher tax bill (or, at least, a higher tax preparation bill). States still have time to issue helpful guidance to employers regarding their payroll allocation. If corporations are lucky, some states may entirely waive the physical presence threshold that would otherwise trigger a filing requirement. Conversely, since most states are facing severe budget deficits, they may be less forgiving and will not waive any remote work performed by employees.[29] If more states follow Georgia’s guidance, employers will undoubtedly incur additional headaches trying to cross-check governmental shelter-in-place mandates with specific dates that employees worked remotely.[30] Nevertheless, with some employers now embracing remote work as a permanent solution, Americans may feel the pandemic’s tax effects for years come.[31]
[1] Why Remote Working Will Be the New Normal, Even After COVID-19, EY (Sept. 7, 2020), https://www.ey.com/en_be/covid-19/why-remote-working-will-be-the-new-normal-even-after-covid-19.
[2] Katherine Loughead, In Some States, 2020 Estimated Tax Payments Are Due Before 2019 Tax Returns, Tax Found. (May 22, 2020), https://taxfoundation.org/2020-quarterly-estimated-tax-payments-2019-tax-returns/.
[3] Daniel N. Kidney, State and Local Tax Implications of Remote Employees During the COVID-19 Pandemic, Wipfli (June 19, 2020), https://www.wipfli.com/insights/articles/tax-covid-19-remote-employee-nexus (stating that nexus is typically created by having “physical presence” in the state).
[4] Larry Brant, Having Employees Working Remotely May Become the New Norm—There May Be Tax and Other Traps Lurking Out There for Unwary Employers, Foster Garvey (May 26, 2020), https://www.foster.com/larry-s-tax-law/tax-traps-remote-employees-covid19.
[5] Coronavirus Tax Relief FAQs, Ga. Dep’t of Revenue, https://dor.georgia.gov/coronavirus-tax-relief-faqs (last visited Sept. 16, 2020).
[6] See Idaho Code § 63-3011; see also Credit for Taxes Paid to Another State, Va. Tax, https://www.tax.virginia.gov/credit-for-taxes-paid-to-another-state (last visited Sept. 16, 2020).
[7] See Mont. Admin. R. 42.15.110(3) (requiring an employee to only allocate income that is “sourced” to the respective state); see also Or. Dep’t of Revenue, Publication OR-17 Individual Income Tax Guide 47 (2019), https://www.oregon.gov/dor/forms/FormsPubs/publication-or-17_101-431_2019.pdf (requiring an employee to apportion income by taking the number of days worked in the respective state divided it by the total number of days worked everywhere in a year).
[8] Idaho Code § 63-3029(1).
[9] See Or. Dep’t of Revenue, supra note 7, at 47.
[10] Idaho Code § 63-3029(3)(a)(i).
[11] See Loughead, supra note 2 (stating that Delaware, Indiana, Montana, Nebraska, New Jersey, New York, Oklahoma, and Rhode Island require estimated state income tax payments).
[12] FAQ Articles, N.D. Tax, https://www.nd.gov/tax/faqs/articles/412-/ (last visited Sept. 16, 2020).
[13] Guidance for Individuals Temporarily Living and Working Remotely in Vermont, Vt. Dep’t of Taxes, https://tax.vermont.gov/coronavirus#temporarily (last visited Sept. 16, 2020).
[14] For example, assume an individual taxpayer normally lives in New York, but works in Massachusetts and has a taxable income of $100,000. In a normal year, the taxpayer will pay $5,050 (calculated using the 5.05 percent Massachusetts individual income tax rate) in tax to Massachusetts. Thus, the taxpayer will be able to claim a $5,050 credit for taxes paid to another state on their New York return, reducing the amount of taxes owed to New York. Now, assume that because of a stay-at-home order, the taxpayer works at home for 75 percent of the year, and only 25 percent of its income will be allocated to Massachusetts. Then, the taxpayer will only receive a $1,262.5 credit on their New York tax return, causing the taxpayer to underpay their taxes substantially unless a withholding change is made. If no change is made, the taxpayer may incur penalties. See 2019 Personal Income Tax Rates, Mass. Dep’t of Revenue, https://www.mass.gov/info-details/major-2019-tax-changes#2019-personal-income-tax-rates- (last visited Sept. 16, 2020) (providing Massachusetts state income tax rates); Who Must Make Estimated Tax Payments?, N.Y. State Dep’t of Tax’n & Fin. (Aug. 5, 2020), https://www.tax.ny.gov/pit/estimated_tax/who_must_make.htm.
[15] State Apportionment of Corporate Income, Fed’n of Tax Adm’rs (Feb. 2020), https://www.taxadmin.org/assets/docs/Research/Rates/apport.pdf.
[18] See Frequently Asked Questions About the Income Tax Changes Due to the COVID-19 National Emergency, Neb. Dep’t of Revenue, https://revenue.nebraska.gov/businesses/frequently-asked-questions-about-income-tax-changes-due-covid-19-national-emergency (last visited Sept. 16, 2020).
[19] See id.
[20] See Coronavirus, supra note 5.
[21] Texas: Franchise Tax, Economic Nexus Rule is Finalized, KPMG (Dec. 20, 2019), https://assets.kpmg/content/dam/kpmg/us/pdf/2019/12/19611.pdf
[22] 34 Tex. Admin. Code § 3.586(f).
[23] Id. § 3.586(d)(5).
[24] Out of State Business Reporting Thresholds and Nexus, Wash. State Dep’t of Revenue (Apr. 2020), https://dor.wa.gov/education/industry-guides/out-state-businesses#:~:text=1%2C%202020%2C%20a%20business%20must,sourced%20or%20attributed%20to%20Washington (last visited Sept. 16, 2020).
[25] Wash. Admin. Code § 458-20-193(102)(a)(ii) (stating that even the “slightest presence” of a single employee may trigger the physical presence nexus).
[26] Stephen Miller, Out-of-State Remote Work Creates Tax Headaches for Employers, SHRM (June 16, 2020), https://www.shrm.org/resourcesandtools/hr-topics/compensation/pages/out-of-state-remote-work-creates-tax-headaches.aspx.
[27] Out-of-State Employers with Employees Living in Idaho, Idaho State & Fed. Res. for Bus. (July 30, 2020), https://business.idaho.gov/out-of-state-employers-with-employees-living-in-idaho/.
[28] Occupations Exempted from Unemployment Insurance Coverage, Wash. State Emp. Sec. Dep’t https://esdorchardstorage.blob.core.windows.net/esdwa/Default/ESDWAGOV/employer-Taxes/ESD-exempt-professions-chart.pdf (last visited Sept. 16, 2020).
[29] States Grappling with Hit to Tax Collections, Ctr. on Budget and Pol’y Priorities (Aug. 24, 2020), https://www.cbpp.org/sites/default/files/atoms/files/4-2-20sfp.pdf.
[31] Why Remote, supra note 1.
Tags: coronavirus Employment Law tax code tax law
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5Apr
COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants
Comments Off on COVID-19 Stimulus Package: What CARES Act Rebates Mean for Immigrants
By Agustin Martinez
Across the globe, the COVID-19 pandemic has devastated many lives,[1] including those of immigrants living in the United States.[2] U.S. Citizenship and Immigration Services (“USCIS”) recently announced that it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination . . . even if such treatment is provided or paid for by one or more public benefits” as defined by the new public charge rule.[3] USCIS’s announcement came days after several congressional leaders asked the Trump Administration to rescind the new public charge rule altogether, in light of the rule’s chilling effect on immigrants seeking COVID-19-related medical assistance.[4]
USCIS’s announcement clarified that obtaining COVID-19-related testing and treatment will not factor into a future public charge analysis, even if such testing or treatment is publicly-funded. But what about the payments that millions of Americans will receive as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) that was recently signed into law by President Trump?[5] Some immigrants, for example, recipients of Deferred Action for Childhood Arrivals, are expected to receive CARES Act payments.[6] Will accepting these federally-funded payments negatively affect these immigrants’ chances of obtaining lawful permanent resident status (i.e., a green card) in the future as a result of the new public charge rule? Although USCIS has not yet directly answered this question,[7] the answer is “no” based on existing law. Immigrants who are eligible for CARES Act payments should rest assured that receiving this economic relief will not negatively impact any public charge determination in the future.[8]
Under American immigration law, a person deemed likely to become a public charge is inadmissible, meaning that the person can be denied a green card, visa, or admission into the country.[9] The new public charge rule does not change this basic principle.[10] But it does significantly expand the types of publicly-funded programs that USCIS may take into account when assessing whether a person is likely to become a public charge in the future.[11] Consequently, the new rule may cause immigrants who are eligible for CARES Act payments to think twice before accepting these publicly-funded payments.
The new public charge rule’s definitions[12] and USCIS’s policy manual[13] help answer whether an immigrant’s acceptance of a CARES Act payment will, in turn, be deemed acceptance of a public benefit as defined by the new rule. Under this regulatory guidance, CARES Act payments are not public benefits, and therefore, USCIS should not consider acceptance of such payments during future public charge determinations.
The new public charge rule generally defines a public benefit as “[a]ny Federal, State, local, or tribal cash assistance for income maintenance (other than tax credits),” “Supplemental Nutrition Assistance Program (SNAP),” “Section 8 Housing Assistance under the Housing Choice Voucher Program,” “Section 8 Project-Based Rental Assistance,” “Medicaid,” or “Public Housing under section 9 of the U.S. Housing Act of 1937.”[14] At first glance, it would seem that CARES Act payments fall within the “Federal, State, local, or tribal cash assistance for income maintenance” public benefit category. That, however, would be an incorrect interpretation of the new rule for the simple reason that CARES Act payments are considered tax credits under the Act.[15] Indeed, Congress specifically referred to these payments as tax credits within the CARES Act’s text.[16] Thus, since the new public charge rule expressly excludes “tax credits” from its definition of public benefit, a CARES Act payment is not a public benefit as defined by the rule.[17]
USCIS also confirms, in its policy manual, that tax credits are not public benefits under the new rule.[18] The agency further explains that “[c]ash emergency disaster relief – Stafford Act disaster assistance including financial assistance provided to persons and households under the Federal Emergency Management Agency’s Individuals and Households Program and any comparable disaster assistance provided by State, local, or tribal governments” does not mean “cash assistance for income maintenance”[19] This “cash emergency disaster relief” carveout, along with USCIS’s decision to exclude COVID-19-related testing and treatment from future public charge determinations,[20] likely means that the agency will not interpret CARES Act payments as public benefits.
But even if a CARES Act payment was erroneously deemed a public benefit in an individual case, it is highly unlikely that the payment, alone, would result in the recipient being deemed a public charge. That is because public charge determinations are, by law, forward-looking and based on the totality of the immigrant’s circumstances.[21] It would be quite surprising—not to mention, inconsistent with both the Immigration and Nationality Act and the CARES Act—for a one-time payment, authorized by Congress to provide assistance in the midst of a global pandemic, to negatively impact a person’s green card eligibility in the future. To remove any chilling effect[22] and alleviate fear in the immigrant population, USCIS should confirm, like it did for COVID-19-related testing and treatment, that CARES Act payments are not public benefits as defined by the new public charge rule. Even without this additional guidance, however, the law is clear that there should be no public charge repercussions when eligible immigrants receive CARES Act payments.
[1] See Ed Yong, How the Pandemic Will End, Atlantic (Mar. 25, 2020), https://www.theatlantic.com/health/archive/2020/03/how-will-coronavirus-end/608719/.
[2] See Miriam Jordan, ‘We’re Petrified’: Immigrants Afraid to Seek Medical Care for Coronavirus, N.Y. Times (Mar. 18, 2020), https://www.nytimes.com/2020/03/18/us/coronavirus-immigrants.html.
[3] Public Charge, U.S. Citizenship & Servs. [hereinafter Public Charge] (emphasis added), https://www.uscis.gov/greencard/public-charge (last visited Apr. 4, 2020). There are actually two new public charge rules. One, which was promulgated by the Department of Homeland Security (“DHS”), applies to cases adjudicated by USCIS. Public Charge, Immigrant Legal Res. Ctr. [hereinafter Immigrant Legal Res. Ctr.], https://www.ilrc.org/public-charge (last visited Apr. 4, 2020). The other, which was promulgated by the Department of State (“DOS”), applies to cases involving individuals who go through a process outside the United States, at a consulate or embassy, to obtain lawful permanent resident status. Id. This article refers to a single “new public charge rule,” since both the DHS rule and the DOS rule are virtually identical. Id.
[4] Press Release, Torres: As USCIS Ends Public Charge Rule for Coronavirus Cases, Every American is Safer, Congresswoman Norma Torres (Mar. 16, 2020), https://torres.house.gov/media-center/press-releases/torres-uscis-ends-public-charge-rule-coronavirus-cases-every-american.
[5] See Tara Siegel Bernard & Ron Lieber, F.A.Q. on Stimulus Checks, Unemployment and the Coronavirus Plan, N.Y. Times (Apr. 3, 2020), https://www.nytimes.com/article/coronavirus-stimulus-package-questions-answers.html. These cash payments are known by different names, including “economic impact payments,” “recovery rebates,” and “stimulus checks.” Libby Kane & Tanza Loudenback, Everything We Know About the Coronavirus Stimulus Checks that Will Pay Many Americans Up to $1,200 Each, Bus. Insider (Apr. 3, 2020), https://www.businessinsider.com/personal-finance/coronavirus-stimulus-check-questions-answers-2020-4.
[6] See Understanding the Impact of Key Provisions of COVID-19 Relief Bills on Immigrant Communities, Nat’l Immigration Law Ctr. 12 (Apr. 1, 2020) [hereinafter Understanding the Impact of Key Provisions], https://www.nilc.org/wp-content/uploads/2020/04/COVID19-relief-bills-understanding-key-provisions.pdf?fbclid=IwAR2yiNB-kyhr-33bQTVp7YcdNBZ4LeBbia6JUIzbGOhf6d1jJYY9Rzgjs_c (explaining the eligibility requirements for CARES Act payments, which include having a valid social security number); see also Monique O. Madan, Millions of Immigrant Families Won’t Get Coronavirus Stimulus Checks, Experts Say, Miami Herald (Mar. 26, 2020), https://www.miamiherald.com/news/local/immigration/article241531211.html (“Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) holders would be able to qualify for the money because they are issued Social Security numbers.”).
[7] See Public Charge, supra note 3 (explaining USCIS’s position as to COVID-19-related testing and treatment, but not CARES Act payments).
[8] The question of which immigrants are eligible for CARES Act payments is beyond the scope of this article, but the sources cited supra note 6 provide some guidance on this question.
[9] See 8 U.S.C. § 1182(a)(4)(A) (2018) (“Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.”); 8 C.F.R. § 212.21(a) (2019) (“Public charge means an alien who receives one or more public benefits, as defined in paragraph (b) of this section, for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).”); Immigrant Legal Res. Ctr., supra note 3 (“[Immigration] law says that those who are viewed as likely to become dependent on the government in the future as a ‘public charge’ are inadmissible.”).
[10] See Immigrant Legal Res. Ctr., supra note 3 (providing basic background of public charge law before the new rule was implemented).
[11] See 8 C.F.R. § 212.21(b) (listing the benefits that are considered “public benefits” for purposes of the new public charge rule); Immigrant Legal Res. Ctr., supra note 3 (“The rules expand the list of publicly-funded programs that immigration officers may consider when deciding whether someone is likely to become a public charge. Under the new rules, federally-funded Medicaid, the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps), Section 8 housing assistance and federally subsidized housing will be used as evidence that a green card or visa applicant is inadmissible under the public charge ground.”).
[12] 8 C.F.R. § 212.21.
[13] Chapter 10 – Public Benefits, U.S. Citizenship and Servs. [hereinafter Chapter 10 – Public Benefits], https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10 (last visited Apr. 4, 2020).
[14] 8 C.F.R. § 212.21(b)(1)–(6) (emphasis added).
[15] See Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, 116th Con. § 2201 (2020) (providing that the Internal Revenue Code will be amended to state that “[i]n the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the sum of—(1) $1,200 ($2,400 in the case of eligible individuals filing a joint return), plus (2) an amount equal to the product of $500 multiplied by the number of qualifying children (within the meaning of section 24(c)) of the taxpayer”) (emphasis added); see also Kane & Loudenback, supra note 5 (“The payment . . . is technically an advance tax credit meant to offset your 2020 federal income taxes.”) (emphasis added).
[16] See H.R. 748 § 2201.
[17] 8 C.F.R. § 212.21(b)(1).
[18] Chapter 10 – Public Benefits, supra note 13 (“Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to . . . Tax Credits . . . .”) (emphasis added).
[19] Id. (footnote omitted).
[20] Public Charge, supra note 3.
[21] See 8 C.F.R. § 212.22(a) (“The determination of an alien’s likelihood of becoming a public charge at any time in the future must be based on the totality of the alien’s circumstances by weighing all factors that are relevant to whether the alien is more likely than not at any time in the future to receive one or more public benefits, as defined in 8 CFR 212.21(b), for more than 12 months in the aggregate within any 36–month period (such that, for instance, receipt of two benefits in one month counts as two months).”).
[22] See Jordan, supra note 2.
Tags: COVID-19 Federal Regulation Immigrant Immigration tax code tax law
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TCJA: Teaching a Code Just Adopted
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8 Wake Forest L. Rev. Online 57
Rebecca Morrow*
In early January 2018, I emailed my incoming Federal Income Tax students to welcome them to the course and tell them how to buy the outdated textbook. “What an exciting time to be taking Tax!” I wrote. I was excited, too—if you count being nauseous.
The spring 2018 class started just three weeks after President Trump signed the Tax Cuts and Jobs Act (“TCJA”) in to law. Prior to the TCJA, we had called the Tax Code “the Internal Revenue Code of 1986, as amended.” This reference made sense because the Reagan-led tax reform of 1986—a reform that followed years of deliberation and expert input, was partially bi-partisan, and centered on a guiding principle of broadening the tax base while lowering tax rates[1]—was so extensive that later changes to tax law were seen as mere amendments to the 1986 reform. After the TCJA, it wasn’t even clear whether we would still refer to the Code that way.
II. Rush Shipping of an Unwanted Christmas Present
Like the 1986 reform, the TCJA was sweeping. Unlike the 1986 reform, it followed a rushed and often closed process, passed via a party-line vote in the House[2] and Senate,[3] and was not anchored to a guiding principle.[4] At one point, Paul Ryan argued that the TCJA aimed to promote “traditional” families and increase the birth rate.[5] Where’d that come from? A goal of lowering taxes certainly motivated the TCJA.[6] But then a slew of apparently competing goals led to a slew of unrelated and sometimes competing changes.[7] Many opponents have levied substantive criticisms at the TCJA because of its rushed process, partisanship, and lack of a guiding principle.[8] For purposes of this reflection, these features simply made it more difficult to make sense of the new law quickly. Law professors had little time to learn the new law in advance of it being passed. Legislative history explaining the new provisions was sparse. And the lack of a guiding principle meant that we had to read the new law without a frame for interpretation. Lawyers and accountants of course faced the same challenges, as did taxpayers. The TCJA was a radical change, and we were missing some tools (lead time, legislative history, and guiding principles) that had helped make sense of the 1986 reform.[9]
However, now that several months, and even a summer, has passed, I can see that teaching tax in a semester that began less than a month after the TCJA passed had some huge advantages from a pedagogical perspective. The main purpose of this article is to reflect on those advantages.
III. It Was Just Us and the Statute
First, my primary objective in Federal Income Tax is to teach students to read the Code. In my syllabus, I ask students to “make friends with the Tax Code,” explaining that “while treatises, textbooks, cases, and other sources can be helpful . . . [t]o understand federal income tax and keep up with changes in tax law, students must become comfortable reading the Tax Code.” The Tax Code is popularly viewed as incomprehensible gobbledygook. However, as I assert to students, “while the Tax Code can be dense and detailed, it is also precise and often logical.” Teaching students to rely on the Tax Code as a primary authority is difficult for the same reason that it is important. Second and third year law students—the students who are eligible to take Federal Income Tax—are often quite good at making sense of case law, making sense of textbooks, and applying both to factual scenarios. Their first-year classes taught them these skills. However, first year classes—and law school generally—teaches too little about how to read statutes. Criminal lawyers, immigration lawyers, family law lawyers and others primarily work in statutes. Thus, the most important job of my class is to teach students how to read, interpret, and apply the complicated statute that is the Tax Code.
Reading statutes is different. Statutes cannot be skimmed. When a statute says, “for purposes of this Title,” it means something very different from “for purposes of this section.” Statutes require attention to cross references that are often as sparse as “for purposes of paragraphs (1) and (2) of subsection (a).” Statutes require attention to structure. Paragraphs are parts of subsections. Thus, a student reading paragraph (2) needs to realize that she is reading (h)(2), meaning that any limiting language in (h) will also apply to (2). And most importantly, statutes require that readers follow the first rule of statutory interpretation, “keep reading.”
Since I have always viewed Federal Income Tax as a unique opportunity to teach students statutory interpretation skills, and since I aim to test what I teach, in past semesters I have told students in advance that the final exam may require them to interpret a Code provision that they have never encountered before. They must apply their statutory interpretation skills in a new context. I consider this approach fair game—transfer of learning, in pedagogical terms—but the timed nature of an exam limits how extensively I can use it. Post TCJA, the approach of using unfamiliar Code provisions was unnecessary. Students had no choice but to develop and repeatedly practice statutory interpretation skills and to demonstrate those skills on the final. There was no E&E, no model answers, no Nutshell—in other words, no legal Cliff’s Notes for tax that incorporated the TCJA. Indeed, students knew that the TCJA had changed tax so extensively that secondary sources and already-written outlines would be of little help. Their only choice (and mine) was to rely primarily, and overwhelmingly, on the Code itself.
IV. The First Rule of Statutory Interpretation is Keep Reading
As for the first rule of statutory interpretation, “keep reading,” the TCJA hit this home. In prior semesters, I would use an example like section 165 to show that the Tax Code often states a general rule like the rule of 165(a) that losses are deductible as though it is absolute, but then includes a later provision to turn that general rule nearly on its head. Section 165(c), for example, provides that for an individual, losses are deductible only if they are trade or business losses, investment losses, or casualty or theft losses. Losses in value on the cars taxpayers use to commute, homes taxpayers live in, and jewelry taxpayers wear are nondeductible despite the broad language of 165(a). As I explain, the Code often states a general rule as though it is absolute and has a later provision that nearly turns the general rule on its head because many Code provisions apply to many types of taxpayers. Section 165(c)’s loss disallowance nearly reverses 165(a)’s loss allowance “for an individual.” For a corporation, which also uses section 165, section 165(c) does not apply and the 165(a) general loss allowance rule does more work.
The TCJA is written into the Code in a way that hits home the necessity that students “keep reading.” As a general matter, the TCJA’s provisions are not subsection (a) of their relevant sections. They are 1(j) (imposing new rates that cap at 37%) and 67(g) (eliminating miscellaneous itemized deductions) and 68(f) (providing that section 68’s limitation on itemized deductions, the so-called Pease limitation, is eliminated) and 151(d)(5) (noting that the personal exemptions detailed in 151 do not, in fact, exist). The TCJA hides out in subsections like (j), (g), (f), and (d)(5) for a very important reason. The TCJA is not a new, permanent law with respect to individual taxpayers. Instead, the overwhelming majority of the TCJA’s provisions for individual taxpayers apply “[i]n the case of a taxable year beginning after December 31, 2017, and before January 1, 2026.” The pre-TCJA provisions still live in the Code because they will, by operation of law, automatically apply again in tax years beginning 2026. Now, to be fair, it is unlikely that the pre-TCJA Code will spring back in full force and effect in 2026. There are many years between now and 2026 for those provisions-in-waiting to be amended. Taxpayers will grow accustomed to the benefits that they have received under the TCJA and demand that many of those benefits be made permanent. The more accurate reason that the pre-TCJA provisions live in the Code is that the proponents of the TCJA had to pretend that those provisions would spring back into full force and effect in tax years beginning 2026[10] in order to achieve the budget numbers they needed to make the TCJA an act that could be passed with only 51 Senate votes.[11] Because the TCJA does not add to the federal deficit outside of a ten-year budget window, it complies with the Byrd Rule[12] and qualifies as a reconciliation bill. Thus, passing the TCJA “require[d] only a simple majority to pass, debate time in the Senate [was] limited, amendments [were restricted], the bill [could] not be filibustered, and final passage require[d] a simple majority.”[13]
V. The Best Teacher is a Student
Finally, teaching Federal Income Tax weeks after the TCJA passed was humbling. I spent hours trying to distinguish between drafting errors and simply unfortunate or frustrating features of the new Code.[14] It is good to be reminded of the difficulty of a subject while teaching it. This reminder encourages a desirable and a deserved empathy with students. It improves the ability to identify which concepts are difficult and require slow, clear coverage and opportunities for repetition. While teaching Federal Income Tax post-TCJA, I was simultaneously learning a great deal.
VI. Marketability High and Increasing
In addition to offering pedagogical advantages, the TCJA made my class even more valuable for students anticipating the job market. Tax professors like it when our students decide to pursue careers in tax law. We know that tax lawyers tend to be in demand, protected from economic downturns, highly regarded, and often professionally content.[15] The TCJA only increased the advantages of becoming a tax lawyer, particularly for new lawyers. As corporate tax lawyer, David Miller explains,
It’s really the best time to be a young tax lawyer. . . . First, the new law will create tremendous demand for a young lawyer’s services, and it’s always nice to be appreciated. Second, although I’ve practiced for more than 25 years, I know no more about the new tax law than a first-year associate who has been following it closely. In an instant, they can catch up to my career’s worth of knowledge.[16]
In sum, my first semester teaching Federal Income Tax post-TCJA, revealed considerable pedagogical advantages of the post-TCJA tax law teaching world.
VII. But Pedagogy is not Everything
Unfortunately, pedagogy is not everything. Although I can see the TCJA’s impacts within my classroom as positive, its external impacts are overwhelmingly negative. Tax professors may feel the harms of the TCJA personally. As Parker Palmer describes in The Courage to Teach, we professors “were drawn to a body of knowledge because it shed light on our identity as well as on the world.”[17] Tax law shed light on my identity and my view of the world. Unlike some of my peers in other legal fields, I’ve never been a perfectionist. I admire vast regimes that do a lot of work.[18] I like detail, rigidity, and complex systems. I think of tax, as Sam Donaldson so beautifully described it, as like the human body:
The Code is a carefully crafted work of political compromise. Like all of us, it contains some fat that could be trimmed, an organ or two that could be severed without damage to the body, and maybe some features that are less appealing to look at than others. It also has an inner beauty and an intricate structure that generally works to raise revenues for the many programs that benefit the taxpayers from whom it collects. While there are many exceptions to the basic themes, the Code is generally predictable to one who understands the themes and the political pressures that shape the exceptions.[19]
I lament that the words of the Internal Revenue Code—complicated and imperfect though they may have been—were treated so recklessly by the TCJA. The TCJA seems an ill-considered, prominent, and regrettable tattoo.[20]
And worse than a self-imposed harm to a carefully crafted statute, the TCJA will do real, irreparable damage. It will take one of America’s greatest failings—income inequality—and dramatically exacerbate it.[21] Under the TCJA, owners won and laborers lost;[22] high earners won and low earners lost;[23] and perhaps most significantly, the currently affluent won while the future needy lost.[24] As President Trump declared, the TCJA was not a reform, it was a “cut, cut, cut.”[25] In the end, Spring 2018 was a semester in which the subject that chose me let me down, but the students who chose my class buoyed my optimism for the future.
* Professor of Law, Wake Forest University. I would like to thank Mike Garrigan for encouraging me to write this reflection and for improving its content, Sara Kathryn Mayson for assisting me with research, and my Spring 2018 tax students for making teaching a joy.
See infra note 4. However, at least one important change that reflected the base-broadening approach of the 1986 reform—the elimination of a preferential rate for capital gains—was short lived. By 1990, capital gains were again taxed at preferential rates. ↑
163 Cong. Rec. H10214 (daily ed. Dec. 19, 2017). Every member of the House of Representatives who voted for the TCJA (227 yea voters) was Republican. Every Democratic member of the House of Representatives voted against the TCJA, as did 12 Republican representatives (typically from blue states) for a total of 203 nay voters. ↑
163 Cong. Rec. S8141–42 (daily ed. Dec. 19, 2017); Jasmine C. Lee & Sara Simon, How Every Senator Voted on the Tax Bill, N.Y. Times (Dec. 19, 2017), https://www.nytimes.com/interactive/2017/12/19/us/politics/tax-bill-senate-live-vote.html. All 51 Republican Senators voted for the TCJA, except for Senator John McCain, who was undergoing cancer treatment. All 48 Democratic Senators voted against the TCJA. ↑
Angela Morris, Brew a Pot of Coffee, This Big Law Tax Attorney is Burning the Midnight Oil, Law.com (Dec. 20, 2017) (“The biggest difference between the 1986 act and the current tax bills is that the 1986 act was preceded by two years of detailed proposals; the tax policies behind the 1986 proposals were relatively clear; the tax community had the opportunity to comment on the proposals; and Congress was responsive to the comments. The current [TCJA] bills have been drafted in a matter of months; there is no evident tax policy underlying some of the proposals; and Congress has not asked for comments or been responsive to them. As a result of these differences, the current bills will give rise to unexpected consequences—some of which taxpayers will exploit and others of which will create unintended tax liability.”). ↑
Paul Ryan, House Speaker Weekly Briefing, C-Span (Dec. 14, 2017), https://www.c-span.org/video/?438578-1/speaker-ryan-representative-farenthold-made-right-decision-retire (“This is going to be the new economic challenge for America: people. Baby boomers are retiring—I did my part, but we need to have higher birth rates in this country.”); see also PBS NewsHour, What You Need to Know Now That the GOP Tax Bill Is Law, YouTube (Dec. 20, 2017), https://www.youtube.com/watch?v=E0DVS_GwKxw (observing that the TCJA “actually does a great deal for traditional families” following Speaker Paul Ryan’s position that child birth rates need to increase in the U.S.). ↑
See Tara Palmeri, ‘The Cut Cut Cut Act’: Trump, Hill Leaders Differ on Tax Overhaul Bill’s Name, ABC News (Nov. 2, 2017, 9:48 AM) https://abcnews.go.com/Politics/trump-hill-leaders-disagree-upcoming-tax-reform-bill/story?id=50863220 (“President Donald Trump had told senior congressional leaders that he wants to name the bill “the Cut Cut Cut Act . . . .”). ↑
For example, the TCJA introduced a new and complicated deduction to incentivize certain forms of income-seeking, section 199A, while simultaneously eliminating a long-standing and simple deduction that previously incentivized taxpayers to move for higher paying jobs, section 217. See 26 U.S.C.A. § 217(k) (West 2017) (suspending the deduction for moving expenses through 2025). In an apparent effort to simplify tax law, the TCJA eliminated personal exemptions including for taxpayer’s dependents, but then expanded and added complexity to the child tax credits that taxpayers receive for many of the same dependents. See id. § 151(d)(5); id. §24(h). And while the TJCA aimed to dramatically cut taxes across the board, it increased taxes for certain taxpayers by capping the deduction for state and local taxes and changing the rules for the treatment of alimony payments. See id. § 164; id. § 215. ↑
See, e.g., Brian Faler, ‘Holy Crap’: Experts Find Tax Plan Riddled with Glitches, Politico (Dec. 6, 2017, 5:04 AM) https://www.politico.com/story/2017/12/06/tax-plan-glitches-mistakes-republicans-208049 (“‘The more you read, the more you go, “Holy crap, what’s this?”’ said Greg Jenner, a former top tax official in George W. Bush’s Treasury Department. ‘We will be dealing with unintended consequences for months to come because the bill is moving too fast.’ . . . What is unusual is the sheer scope of the legislation now before lawmakers, and the speed with which it’s moving through Congress. . . . That breakneck pace means there hasn’t been much time for feedback from experts outside the Capitol. . . . Some of the fixes could be expensive, potentially throwing lawmakers’ budget numbers out of whack.”). ↑
This is not to say that the 1986 reform was a model tax reform. Many economists fault the 1986 tax reform for increasing income inequality, forcing damaging cuts to government programs, and expanding the deficit. ↑
See Bob Bryan, Here’s Why Senate Republicans are Making Tax Cuts for Average Americans Temporary, Business Insider (Nov. 15, 2017, 12:08 PM) https://www.businessinsider.com/trump-gop-tax-plan-senate-bill-why-individual-tax-cuts-temporary-2017-11 (“Sen. Orrin Hatch, chair of the Senate Finance Committee and author of the bill, has admitted that the original version of the Senate’s TCJA did not meet such a requirement. Making the individual cuts temporary could allow the bill to meet those requirements.”). ↑
Jeff Stein, Republicans explain why their tax cuts are temporary, but not really temporary, Wash. Post: Wonkblog (Nov. 30, 2017), https://www.washingtonpost.com/news/wonk/wp/2017/11/30/republicans-explain-why-their-tax-cuts-are-temporary-but-not-really-temporary/?utm_term=.9aa1287a9d92 (explaining that Republican lawmakers made individual tax cuts temporary so that the TCJA would not “drive up the deficit 10 years after passage,” would therefore comply with the Byrd rule, and could therefore be passed with a simple majority. However even before the temporary cuts were passed, Republican lawmakers expressed their collective intent that these cuts would later be extended, noting that “it would be extremely difficult not to continue” tax cuts for individuals). ↑
2 U.S.C. § 644 (2012). ↑
Tori Gorman, S. Comm. on the Budget, 114th Cong., Bulletin on Reconciliation Debate, Byrd Rule, 2016 Budget Process (2015), https://www.budget.senate.gov/imo/media/doc/Reconciliation%20BB062315[1].pdf. ↑
One unfortunate feature of the TCJA involves the brackets for various preferred rates applicable to long-term capital gains and qualified dividends. Under prior law, the 0% preferred rate applied whenever ordinary income was taxed at 10% or 15%; the 15% preferred rate applied whenever ordinary income was taxed at 25%, 28%, 33%, or 35%; and the 20% preferred rate applied whenever ordinary income was taxed at 39.6%. Pursuant to the TCJA, the preferred rates now break at points that are $100 or $200 off the breaking points for ordinary income rates. So, for example, an unmarried individual goes from the 0% to 15% preferred rate at $38,600 of taxable income but goes from the 12% to 22% ordinary income rate at $38,700. Compare 26 U.S.C.A. § 1(j)(5)(B)(i)(III) (West 2017) (beginning the 15% preferred rate at over $38,600) with 26 U.S.C.A. § 1(j)(2)(C) (West 2017) (beginning the 22% ordinary income rate at over $38,700). Similar $100 or $200 mismatches appear on the tax rates for all filing statuses and are certainly an unfortunate feature of the new Code that makes teaching it, and understanding it, more difficult without much justification. Another unfortunate feature of the new Code is section 199A, which NYU Tax Law Professor Daniel Shaviro described prior to its passage as the “worst provision ever even to be seriously proposed in the history of the federal income tax.” Daniel Shaviro, Apparently income isn’t just income any more, Start Making Sense (Dec. 16, 2017, 10:30 AM), http://danshaviro.blogspot.com/2017/12/apparently-income-isnt-just-income-any.html. ↑
Linda Galler, Why Do Law Students Want to Become Tax Lawyers?, 68 Tax Law. 305, 309 (2015) (“Given the substantive difficulty of tax law, expertise matters. Therefore, time invested in learning new concepts or techniques can pay dividends over the course of a career. . . . Moreover, tax law is relevant in both good economic times and bad; there are tax issues in mergers and acquisitions, and there are tax issues in bankruptcy and foreclosures. So it is likely that one can make a living over the long haul.”); id. (“[Tax lawyers’] expertise is invaluable to clients and colleagues, when we talk, people listen.”); id. at 310 (“Recent studies of the relative levels of contentment of lawyers in many areas of practice confirm . . . that tax lawyers are likely to be at the top.”). ↑
Morris, supra note 4. ↑
Parker J. Palmer, The Courage To Teach: Exploring the Inner Landscape of a Teacher’s Life 26 (10th Anniversary ed. 2007). ↑
Organizations like federal, state, and local governments and broad exempt organizations like the Bill & Melinda Gates Foundation and the United Way that do the hard work of balancing competing demands rather than the easier work of advancing single policy goals. See What We Do, Bill & Melinda Gates Found., https://www.gatesfoundation.org/What-We-Do (last visited Oct. 17, 2018) (advancing causes in five diverse program areas spanning six continents); Our Focus, United Way Worldwide, https://www.unitedway.org/our-impact/focus (last visited Oct. 17, 2018) (focusing philanthropic efforts in three areas: education, income and health). ↑
Samuel A. Donaldson, The Easy Case Against Tax Simplification, 22 Va. Tax Rev. 645, 745–46 (2003). ↑
As wise people often say, nothing good happens after midnight. See, e.g., Phil Mattingly, et al., Senate Approves GOP Tax Plan, House to Revote Wednesday, CNN (Dec. 20, 2017), https://www.cnn.com/2017/12/19/politics/republican-tax-plan-vote (“In a vote in the early Wednesday morning hours, the Senate approved the final version of the first overhaul of the US tax code….”); See also Tim Scott (@SenatorTimScott), Twitter (Dec. 19, 2017, 12:48 AM), https://twitter.com/senatortimscott/status/943357328702824449?lang=en (“Great news! The Senate just passed the Tax Cuts and Jobs Act.”). ↑
Cong. Budget Office, The Distribution of Household Income, 2014, at 31 (2018), https://www.cbo.gov/system/files?file=115th-congress-2017-2018/reports/53597-distribution-household-income-2014.pdf (“The increase in income inequality over the 36-year period examined here largely stems from the significant increase in inequality in market income—labor income, business income, capital income (including realized capital gains), and other nongovernmental sources of income—which has been driven primarily by substantial income growth at the top of the distribution.”). ↑
Annie Nova, New tax law takes a hatchet to these worker expenses, CNBC (Feb. 1, 2018, 2:49 PM) https://www.cnbc.com/2018/02/01/unreimbursed-employee-expenses-could-hurt-taxpayers.html (quoting Seth Harris, a deputy labor secretary under President Barack Obama) (“The really big story of the tax bill is that it favors capital over labor . . . . It’s heavily skewed to benefit people who get money without working, as opposed to those who labor for a living.”). ↑
Tax Policy Center, Distributional Analysis of the Conference Agreement for the Tax Cuts and Jobs Act, at 1 (2017), https://www.taxpolicycenter.org/publications/distributional-analysis-conference-agreement-tax-cuts-and-jobs-act/full (“In general, higher income households receive larger average cuts as a percentage of after-tax income, with the largest cuts as a share of income going to taxpayers in the 95th and 99th percentiles of the income distribution. On average, in 2027 taxes would change little for lower- and middle-income groups and decrease for higher-income groups.”). ↑
Joint Comm. on Tax’n, JCX-69-17, Macroeconomic Analysis of the Conference Agreement for H.R. 1, The “Tax Cuts and Jobs Act” at 9 Table 1 (2017) (initially projecting that the TCJA would cause $1.071 trillion less revenue to be collected from 2018-2027). More recent projections are worse. See, e.g., Letter from Keith Hall, Director, Congressional Budget Office to Kevin Brady, Chairman, Committee on Ways and Means, U.S. House of Representatives (Dec. 15, 2017) (https://www.cbo.gov/system/files?file=115th-congress-2017-2018/costestimate/53415-hr1conferenceagreement.pdf) (“According to CBO’s and JCT’s estimates, enacting H.R. 1 [the TCJA] would reduce revenues by about $1,649 billion and decrease outlays by about $194 billion over the period from 2018 to 2027, leading to an increase in the deficit of $1,455 billion over the next 10 years.”). To cover the resulting deficits, future generations will face cuts in government programs, tax increases, or both. ↑
See supra note 6. ↑
Tags: Tax tax code tax law TCJA
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Fourth Circuit Affirms Holding on Tax Misclassification
Categories: 4th Cir. Blog Civil Cases
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By Sarah Walton
On January 8, 2016, the Fourth Circuit issued a published opinion in the case of Route 231, LLC v. Commissioner of Internal Revenue. The Fourth Circuit affirmed the tax court’s holding that Route 231 should have classified a portion of its capital contributions as gross income.
The IRS Concludes that Route 231 Misclassified a Portion of its Capital Contributions
Route 231, LLC (“Route 231”) is a limited liability company incorporated in Virginia. In 2005, Route 231 reported $8,416,000 in capital contributions on its tax return. Part of this sum included $3,816,000 in tax credits (the “tax credit”) from Virginia Conservation Tax Credit FD LLLP (“Virginia Conservation”), which had recently acquired a one percent membership interest in Route 231. This tax credit originated from a transaction in which Route 231 donated some of its land for conservation purposes.
The IRS audited Route 231 and concluded that it should have classified the $3,816,000 as gross income. Route 231 disputed the determination at the United States Tax Court, arguing that it was a capital contribution. The Tax Court disagreed, holding that the $3,816,000 was considered “property” under I.R.C. § 707. The court reasoned that under I.R.C. § 707, this transaction should have been classified as a “disguised sale,” which is reported as gross income. Route 231 appealed the Tax Court’s judgment.
The Fourth Circuit Rejects Route 231’s Argument that the Transaction Was Properly Classified as a Capital Contribution
On appeal, Route 231 argued that the transaction was a non-taxable capital contribution because it allocated part of the partnership’s assets to Virginia Conservation. The Fourth Circuit started its analysis by describing the tax benefits that a corporation receives when it makes a contribution to a partnership’s capital, as opposed to a sale of assets. Sales of assets are taxable, whereas contributions to a partnership’s capital are tax-free. Thus, companies cannot classify a transaction as a capital contribution when the substance of the exchange would otherwise make it taxable. Further, 26 C.F.R. § 1.707-3 provides examples of instances in which transactions could be considered “sales,” and therefore taxable, rather than capital contributions. The regulation prescribes one of these instances as when “the transfer of money or other consideration by the partnership to the partner is disproportionately large in relationship to the partner’s general and continuing interest in partnership profits.”
Ultimately, the Fourth Circuit rejected Route 231’s argument. The court reasoned that Route 231’s operating agreement with Virginia Conservation directly addressed a money transfer and therefore constituted a sale. Further, the court also reasoned that Virginia Conservation had a one percent interest in the company, yet received ninety-seven percent of Route 231’s tax credits for this particular entry. As a result, this transaction should have been classified as gross income, which is taxable.
The Fourth Circuit Rejects Route 231’s Argument that the $3,816,000 Should Have Been Reported as Income in 2006
Route 231 also argued that even if the transaction should have been reported as gross income, this income should have been reported in 2006. The Fourth Circuit reasoned that the income should have been reported in 2005 because the transaction occurred in 2005. Further, because Route 231 already asserted in its 2005 return that the transaction applied to that tax year, it could not argue that the income should have been reported during a different tax year. As a result, the Fourth Circuit rejected this argument.
The Fourth Circuit Affirms the Tax Court’s Holding
The Fourth Circuit affirmed the tax court’s decision, holding that the transaction should have been classified as “gross income” on Route 231’s 2005 tax return.
Tags: tax law
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Equitable Conversion Gives Bank Priority over IRS Tax Lien
Categories: 4th Cir. Blog
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By: Lauren Durr Emery
In Susquehanna Bank v. United States of America/ Internal Revenue Service, the Fourth Circuit examined competing claims from Susquehanna Bank and the Internal Revenue Service (IRS) to a company’s assets following its filing of Chapter 11 bankruptcy.
On September 20, 2004, the IRS assessed tax deficiencies in excess of $60,000 from Restivo Auto Body, Inc. (Restivo) for unpaid employment taxes. However, the IRS did not file a lien until January 10, 2005. On January 4, 2005, Restivo borrowed $1 million from Susquehanna Bank secured by a deed of trust for two parcels of property. Susquehanna Bank did not record the deed until February 11, 2005. In April of 2011, Restivo filed for Chapter 11 bankruptcy and Susquehanna sought a declaratory judgment from the court that its security interest had priority over the tax lien filed by the IRS.
Though federal law governs federal tax liens, 26 U.S.C. §6323(h)(1)(A) gives an IRS tax lien only those protections that local law would afford to “a subsequent judgment lien arising out of an unsecured obligation.” Thus, the court had to examine Maryland law to see if any of its provisions gave the bank priority in those circumstances.
Does a bank’s security interest in a parcel of land have priority over a federal tax lien if it was secured by a deed of trust executed before the lien, but not recorded until after?
The district court found that the security interest held by the bank had priority over the federal tax lien for two reasons. First, the district court found that Md. Code Ann., Real Prop. § 3-201 allows a deed of trust’s effective date, upon recordation, to be the date when the deed of trust was executed. In this way, it concluded, that though the deed of trust was recorded on February 11, 2005, the relation-back provision meant it was effective as of January 4, 2005 when the deed was executed. In this way, Susquehanna’s interest had priority. Second, the district court found that the bank’s security interest would have taken priority even if the deed had never been recorded based on Maryland’s doctrine of equitable conversion. This doctrine entitles the holder of a deed of trust to the same protections as a bona fide purchaser, who takes title free and clear of all subsequent liens regardless of recordation.”
Fourth Circuit says Maryland’s relation-back provision does not give Susquehanna Bank priority over IRS
The Fourth Circuit held that the district court erred in its application of the relation-back provision in Md. Code Ann., Real Prop. § 3-201. It reasoned that the deed was only subject to the relation-back protections after it had been recorded. Thus, since the deed was not recorded until February 11, 2005, it did not yet relate back by when the IRS had filed its tax lien on January 10, 2005.
Fourth Circuit finds Susquehanna Bank does have priority over the IRS tax lien as a result of equitable conversion
Under Maryland’s doctrine of equitable conversion, when lenders, like Susquehanna Bank, receive a conditional deed to secure repayment of its loan, it receives the same protections as a bona fide purchaser for value. In contrast, the IRS is treated as a judgment creditor and its claim is “subject to prior, undisclosed equities” and “must stand or fall by the real and not apparent rights of the defendant in the judgment.” Thus, upon the execution of the deed of trust on January 4, 2005, Susquehanna Bank secured an interest in the property which precedes the IRS tax lien of January 10, 2005.
Dissent: Susquehanna Bank’s interest is not protected by equitable conversion
In Judge Wynn’s dissent, he argues that Restivo never had an unencumbered title which it could convey to Susquehanna Bank. Instead, he states that the federal tax lien arose at the time of the original assessment on September 20, 2004. Judge Wynn explains that this is a tax lien, rather than a judgment lien as the majority argues, and thus is governed solely by federal law. Thus, this lien did not need to be filed or recorded in order to have priority. Instead, he argues that the case should be governed by the principle “first in time is first in right.”
Tags: Bankruptcy Financial tax law
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Copyright, Death, and Taxes
Categories: Law Review
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By: Edward Lee*
The Copyright Act of 1976 is nearing its fourth decade of existence.[1] By historical standards, that longevity puts the 1976 Act “on the clock” for a major revision in the near future. Indeed, given the incredible advances in digital technologies and the Internet—all of which were unforeseen by Congress back in 1976—the need for a major revision and modernization of copyright law may already be upon us.[2]
This time around, however, Congress faces a challenge it has never faced before. In none of the five previous copyright acts did Congress have international treaty obligations effectively limiting the alternatives available for reform.[3] The Berne Convention and the TRIPS Agreement—which the United States joined in 1989 and 2004, respectively—set forth numerous minimum standards of copyright law and restrict the scope of permissible copyright exceptions.[4] Although these agreements do allow some flexibility for countries to shape their own copyright laws in some respects, in other areas the requirements are more fixed.[5] A number of basic features of copyright law—a set of required exclusive rights including rights for derivative works, a ban on formalities for foreign works, and a term that lasts at least the life of the author plus fifty years—are now all set in Berne stone.[6] TRIPS adds to the calcification of copyright by imposing additional requirements on countries.[7]
Of course, one way of dealing with the international copyright treaties would be to modernize them as well. Indeed, some of the provisions of the Berne Convention, which date back to the early 1900s, if not earlier, may need modernizing more than the U.S. Copyright Act.[8] Amending international copyright treaties, however, requires agreement by a consensus or the unanimity of member countries.[9] Getting consensus among World Trade Organization (“WTO”) countries about a major copyright revision—such as abandoning some of the outdated Berne features—would be difficult, to say the least. No doubt it would be more difficult than getting a simple majority of Congress to enact a revision of U.S. copyright law.
Thus, at least in the short-term, Congress may be better off exploring options for reforming copyright law within the current TRIPS/Berne framework, while working in the long-term with the Executive Branch and U.S. Trade Representative to modernize international IP agreements. That way, the United States can begin to modernize its copyright law instead of waiting for consensus among WTO and Berne countries on copyright reform. The downside, however, is that many U.S. reform proposals may face the same stumbling block: the Berne Convention and TRIPS Agreement may restrict, if not preclude, many copyright reforms in domestic law. “Can’t do it because it’s a Berne violation” has become an all-too-common refrain to torpedo numerous ideas for improving or modernizing our copyright system.[10] Because of these international requirements, the ability of WTO countries to enact new, innovative approaches to copyright law is circumscribed.
To deal with this problem, this Article offers a new alternative for copyright reform: tax law. I call this approach the “tax fix” for copyright law, in that tax law is used to fix problems or inefficiencies in our copyright system. Using the tax system as a way to modernize our copyright system offers several advantages. Most important, tax law can fix problems in our copyright system without violating the Berne Convention or TRIPS Agreement, and without requiring amendment to either treaty. Tax law can also be used to incentivize the copyright industries to adopt new, innovative approaches to copyright in ways that voluntary reforms like Creative Commons cannot. The tax fix has the added benefit of offering, beyond the “one size fits all” approach, greater tailoring of copyrights by both industries and individuals—which may, in turn, lead to greater efficiency.
Part I discusses the need for a major revision of copyright law in the twenty-first century. Past historical practice and new technological changes both suggest a major revision of copyright law is due. Yet two major obstacles—political stalemate and international treaty obligations—dim the prospect for achieving the necessary modernization of copyright law.
Part II introduces the concept of the tax fix for copyright law and shows its possible advantages. Tax is one method that is given a great deal of consideration in other areas where incentives are important, but, surprisingly, is discussed hardly at all in copyright law. The tax fix is not a panacea for the inefficiencies and obsolescence in our copyright system. Nor is it meant as the sole method of modernizing copyright law. Instead, the tax fix is offered as another possible tool in the toolbox of options for Congress to modernize the copyright system.
Part III explains how the tax fix can address inefficiencies within our copyright system. Two types of tax fixes are offered: (1) a “copyright gains” tax, which establishes a preferential tax rate for income derived from certain socially beneficial initiatives related to copyrighted works, and (2) a copyright tax credit that grants a credit for such initiatives. For illustrative purposes, this Article shows how tax law can be used to reduce the problem and inefficiencies created by orphan works and the lack of copyright registration, lengthy copyright terms, and the lack of clear copyright exemptions. It also illustrates how tax law can be used to help address the problem of spiraling costs of textbooks in schools. Although the solutions offered by the tax fix are not perfect, they are second-best alternatives that may give Congress a more flexible way to address some of the inefficiencies of our copyright system, without requiring any change in our international treaty obligations. Part IV addresses possible concerns.
I. The Copyright Paradox: Modernizing Copyright
Law in the Twenty-First Century
This Part discusses the paradox copyright law faces today: a major revision to the Copyright Act of 1976 is needed more than ever, but it is even harder to achieve such reform today. This paradox will plague Congress’s efforts to enact a major copyright revision that can deal with the advances in technology of the twenty-first century.
A. Need for Copyright Reform
1. Historical Practice: The Forty-Year Cycle of Revision
If historical practice is a guide,[11] then the U.S. copyright system is due for a general revision or major updating. The Copyright Act has undergone general revisions roughly every forty years,[12] which means that the next revision should be made by 2016.
The pattern of revision is rather striking. The 1790 Act, the first copyright act in the United States,[13] was replaced by the 1831 Act.[14] The 1831 Act was replaced by the 1870 Act,[15] which was later replaced by the 1909 Act.[16] Finally, the 1909 Act was replaced by the current 1976 Act.[17] Although the 1976 Act took longer than forty years from its predecessor to enact, Congress began studies for copyright reform overseen by the Copyright Office starting in 1955, or forty-six years from the enactment of the 1909 Act.[18] (In between and after these major revisions, other amendments were enacted to the then-existing Act.)
In each revision, Congress attempted to modernize copyright law to address the changing time period and new types of works and technologies. From its inception, copyright law has struggled to keep pace with the advances in technology—for example, the printing press, pianola, camera, radio, film, television, VCR, computer, and now the Internet, digital technologies, and social media. The history of copyright suggests that Congress should begin to study whether a general revision or major updating of the Copyright Act is needed for the twenty-first century. The last general revision occurred more than thirty-five years ago, long before the incredible advances brought on by the Internet. As Pamela Samuelson encapsulates, “the 1976 Act was passed with a 1950s/60s mentality built into it, just at a time when computer and communication technology advances were about to raise the most challenging and vexing copyright questions ever encountered.”[19]
2. Inefficiencies of the Copyright System in the Twenty-First Century
The forty-year lifespan of previous copyright acts tells only half the story. The more important reason a copyright revision is needed is that the current 1976 Act is showing its age.[20] It has produced glaring inefficiencies, which have become more pronounced in our digital age.
a. Notice Externalities and Orphan Works
One clear deficiency is the creation of a copyright system that grants relatively long terms of copyright for all works—for individuals, the life of the author plus seventy years—while allowing those works to go unregistered, meaning there is no public record or registry identifying titles or owners of most copyrighted works.[21] Currently, copyright registration is required in the United States only to bring a copyright infringement lawsuit for works originating in the United States.[22] Foreign works are not subject to this requirement because the Berne Convention prohibits the use of formalities by member countries in such instance.[23] Copyright registration in the United States also entitles the copyright owner to elect possible statutory damages in lieu of actual damages and attorneys’ fees in successful litigation.[24] However, because so few copyright lawsuits are ever brought,[25] the incentives for registration of U.S. works are modest and are probably more relevant to the major U.S. copyright industries, such as publishing, music, and movies.
The lack of an effective registration system for copyrighted works produces substantial “notice externalities,” to borrow a term coined by Peter Menell and Michael Meurer.[26] These notice externalities impose huge external costs on the ability of the public to use and license copyrighted works. Put simply, for many works, there is no way for the public to figure out who owns the copyright.
This combination of lengthy terms and lack of registration contributes to the so-called “orphan works” problem, meaning it is practically impossible for people to locate or identify the copyright holder of many copyrighted works, especially those published decades ago, in order to seek permission to use the works.[27] Without registration or registry of owners, the works have become effectively “orphaned.” And, because copyright law still protects these orphan works, people who wish to utilize the works cannot do so out of fear of being sued.[28]
A major reason for the orphan works problem is the lack of an effective copyright registration system—which is ironic with all the modern technology and vast databases we have. Even with wondrous technologies at our disposal, our copyright system is stuck in the 1908 Berne Convention world of no formalities.[29] In other areas of property, such as title to land, ownership of a patent, or trademark registration, a public registry facilitates transactions related to a property in the registry by enabling the public to locate the relevant owner.[30] Because our copyright system lacks a comprehensive database of works under copyright,[31] the public may have no practicable way of locating the relevant owner of a work, particularly if the work was created long ago, such as in the 1920s or 1930s.
Empirical studies have identified an alarming number of orphan works both here and abroad. In response to the U.S. Copyright Office study, Carnegie Mellon University (“CMU”) conducted a three-year survey of its own collection. CMU determined that copyright owners could not be located for 22% of the books in its survey.[32] The percentage of orphan works jumped to over 60% for older works published in the 1920s.[33] Moreover, even when copyright owners were identified, 36% of them did not reply at all to CMU’s multiple letters.[34] Cornell University Library faced similar problems and could not locate the copyright owners of 58% of 343 copyrighted monographs in its collection, while spending over $50,000 in staff time dealing with copyright issues.[35] The Library of Congress estimated in 1993 that 80% of films created before 1929 were orphan works and were at risk of deterioration due to the inability to get permission to preserve the films.[36] A study in the United Kingdom estimated that UK museums, galleries, and archives may have over 50 million orphan works.[37] According to a British Library estimate, 40% of all printed works are orphan works, and more than 50% of sound recordings surveyed in its collection are orphan works.[38]
Congress is well aware of the orphan works problem, but, unfortunately, has failed to address it. In 2006, after a year of studying the issue, the Copyright Office issued its Report on Orphan Works, which recommended that Congress enact a copyright provision to allow good faith users to use an orphan work without a license if they could not find the copyright holder of the orphan work after a reasonably diligent search.[39] If the copyright holder later appeared, the user would have to pay reasonable compensation to the copyright holder for use of the work.[40] Both the House and Senate held hearings, and several bills modeled in part on the Copyright Office proposal were entertained.[41] However, Congress has yet to put any of the bills to a full vote.[42] Congress’s inaction on the orphan works problem even appeared to draw thinly veiled criticism from the Department of Justice in its objection to the proposed settlement of the Google Book Search case, in which the private parties attempted to solve the orphan works problem on their own by setting up a Book Rights Registry.[43]
b. Obsolescence in an Age of Digital Technologies
Another deficiency is the 1976 Act’s construction based on a model of printing and analog technologies—a framework that translates poorly with today’s digital technologies, which routinely make copies of works by their operation.[44] Not surprisingly, the two most substantial studies on copyright reform to date—Samuelson’s Copyright Principles Project in the United States and Ian Hargreaves’s Review in the United Kingdom—both identified the advances in digital technologies as a major reason why reform of copyright laws is needed today.[45]
By their design, digital technologies produce digital copies of material incidental to their operation. For example, a digital copy of a computer’s operating system is created in random-access memory (“RAM”) every time a person turns on the computer.[46] Whenever a person views a website, a copy is downloaded onto the computer’s RAM and cache or temporary Internet folder.[47] In order to access the website, copies of the webpage are transmitted internally through the Internet and an Internet service provider’s lines.[48] When a person uses Google or another search engine to find a website, the ability to find the website was created by the search engine’s ability to create an index of websites with digital copies stored on the search engine’s servers.[49] The 1976 Act does not directly address the legality of any of these digital copies but, instead, relegates them to potential infringement claims as a violation of the right to copy.[50] Courts have struggled to make sense of when the use of digital copies (including ones internal to a machine) should be considered infringing or permissible fair use.[51] This lack of clarity in the law can chill investment in and development of new digital technologies.[52]
Even when Congress has enacted updates to the 1976 Act to address digital technologies, the results have not been reassuring. The Digital Performance Right in Sound Recordings Act of 1995 (“DPRA”) is, put charitably, a complete failure in legislative drafting. As David Nimmer put it, “[T]his amendment was by far the worst thing that had happened to date to copyright law. . . . The DPRA is a masterpiece of incoherence.”[53] DPRA recognized a right of digital public performance for sound recordings (relevant to webcasting of music) and amended § 114 to define limitations of that right.[54] Yet the provisions defining those limitations are, to borrow the then-Register of Copyrights Marybeth Peters’s assessment, “utterly incomprehensible to most people.”[55]
The safe harbors afforded to Internet service providers (“ISPs”) under the Digital Millennium Copyright Act of 1998 (“DMCA”) have done a better job of modernizing copyright law. The DMCA safe harbors provide ISPs immunity from copyright liability if they meet certain requirements, such as complying with the “notice-and-takedown” requirement for allegedly infringing material stored by their users on their servers.[56] The notice-and-takedown procedure—although not without its abuses and deficiencies[57]—has provided a decent way to divide the burdens of monitoring possible copyright infringement online.[58] Yet, even with their successes, the DMCA safe harbors have not kept up with advances in technology. Drafted in 1998, the DMCA safe harbors did not anticipate social media and Web 2.0 technologies that encourage user sharing of and interactivity with material on the Internet.[59] The billion-dollar lawsuit against YouTube, now on appeal, is a byproduct of the lack of clarity in the DMCA safe harbors’ application to new technologies.[60]
The many complex issues of copyright law raised by digital technologies demand a more comprehensive and coherent approach. In 1976, Congress did not have the opportunity to devise a copyright system specifically for our digital age.[61] In the next copyright revision, Congress will have that chance.
c. “One Size Fits All” Approach
One of the lessons to draw from these examples is that copyright law must become more adept and flexible. It must be revised and modernized to address the glaring, chronic inefficiencies in the copyright system, such as the orphan works problem and huge notice externalities. It also must transform its monolithic approach to copyright into a more nimble approach that helps to foster innovation in both content production and technologies.[62]
A growing body of research indicates that applying a monolithic or “one size fits all” approach to copyright for all works is inefficient, in that the social benefit of many works is not ever realized.[63] The orphan works problem provides one good example—granting all works the same long term of copyright protection leads to under-utilization of the works because some owners abandon them but are still protected by copyrights for their works. By some estimates, only two percent of all copyrighted works are commercially exploited,[64] yet the Copyright Act grants all works copyrights as if they all will be commercially exploited for generations. Another example of inefficiencies in our copyright system is the application of the long term of copyright (ninety-five years) to computer software, given the short shelf life of software.[65]
B. Obstacles to U.S. Copyright Law Revisions
Although a revision of the Copyright Act is needed to modernize copyright law, two major roadblocks stand in its way: (1) politics, and (2) international treaties.
1. Political Stalemate in Congress
Copyright issues have become intensely politicized and polarized in the United States.[66] Copyright industries disagree with ISPs over the scope of liability or safe harbor protection for ISPs for infringing activity conducted by their users. Copyright holders want more liability and duties imposed on ISPs, while ISPs want greater protection afforded to them by the safe harbors.[67] Moreover, copyright industries typically want a broader scope and duration of copyrights and stronger enforcement provisions against infringers.[68] However, public interest groups representing libraries, educators, and users typically seek a narrower scope of copyright and a greater recognition of exemptions or activities as fair use.[69] The debates over copyright—too often called a “war”—have sometimes degenerated into name-calling and vitriol, even resulting in threats of bodily harm.[70]
Disagreement among copyright stakeholders translates into political stalemate in Congress because copyright legislation is drafted by lobbyists employed by the stakeholders, not by members of Congress or their staff.[71] Under this culture in which copyright lobbyists control the shape and even the language of copyright bills, the passage of a bill may depend more on getting lobbyists to agree than on the actual merits of the bill.
The Copyright Act of 1976 took decades of study, hearings, and debate before Congress eventually reached an agreement.[72] The agreement was, in part, facilitated by the Copyright Office’s oversight in conducting meetings with and brokering compromise among various stakeholders.[73] In today’s even more polarized environment, one can only imagine how long it might take to reach a compromise among stakeholders on major issues needed for reform. At the 2011 Annual Meeting of the Copyright Society of the U.S.A., former Register of Copyrights Marybeth Peters applauded the discussion of reforms to the Copyright Act, but soberly admitted that we are “not ready” to undertake such reforms.[74]
2. International Obligations Under Berne/TRIPS
Even if politics were not a major obstacle to copyright reform, international treaties pose hurdles of their own. The United States is a member of the Berne Convention and the TRIPS Agreement, both of which establish “minimum standards” or requirements for copyright law.[75] TRIPS incorporates Articles 1 through 21 and the Appendix of the Berne Convention, so there is overlap between the two.[76]
Given the minimum standards required by Berne and TRIPS, copyright reform in the United States cannot be written on a blank slate. Reforms must consider how a country’s international obligations will be satisfied, or the country may risk a challenge to its law before the WTO. The minimum standards of Berne apply only to foreign works (i.e., how each country treats works from foreign countries), meaning each country has discretion to use a different approach for its own domestic works.[77] More often than not, however, countries adopt a single approach under copyright law for both domestic and foreign works.[78]
So how do Berne and TRIPS limit the field of options for revising or modernizing copyright law? They limit the field by codifying a particular model of copyright—what rights it entails, how long it should last, and what exceptions can be allowed. These so-called “minimum standards” of copyright allow some flexibility, but typically do not allow a dramatic departure from the conception of copyright the treaties envision.
For example, several of the minimum standards of Berne, which are also incorporated into TRIPS, present obstacles for recent proposals for copyright reform. In the debate over orphan works, some proposals seek to require registration of copyrighted works in order to create a public record of copyright owners, so that would-be licensees can seek permission from the copyright owner of a work.[79] Article 5(2) of Berne, however, prohibits “any formality,” such as registration, being imposed as a condition on “[t]he enjoyment and exercise of” copyright for foreign works.[80] To avoid this prohibition, Chris Sprigman proposes that unregistered works be subject to a “‘default’ license that allows [third-party] use [of the unregistered works] for a predetermined fee.”[81] It is at least debatable whether Sprigman’s proposal violates Berne (or Article 13 of the TRIPS Agreement, which limits copyright exceptions[82]).
Likewise, in the debate over copyright terms, some proposals seek to shorten the term of copyright so that works that are not commercially exploited will enter the public domain sooner.[83] Article 7(1) of Berne, however, requires a minimum term of the life of the author plus fifty years for foreign works.[84] Unless Congress wanted to create shorter terms only for U.S. works, the proposal to reduce the copyright term below the Berne minimum standard is not a viable option. Moreover, even if Congress adopted shorter terms only for U.S. works, thus complying with Berne Article 7(1), such an amendment could disadvantage U.S. authors abroad. Article 7(8), also known as the “rule of the shorter term,” creates a default approach requiring, absent legislation to the contrary, that countries give foreign works a shorter term from their country of origin rather than a longer term that applies to domestic works.[85] The rule of the shorter term thus puts pressure on countries to increase their copyright terms to whatever is the longest term of copyright recognized by a Berne country, in order to avoid having their citizens’ works subjected to a shorter term in the longest-term country in Berne. The Sonny Bono Copyright Term Extension Act of 1998 (which extended the term of U.S. copyrights to life plus seventy years to match the European Union’s term) was justified precisely on this ground.[86]
In short, given the minimum standards of copyright under Berne and TRIPS, member countries do not have complete freedom to alter dramatically their copyright laws—at least not without potentially violating international treaty obligations. The challenge for Congress is to figure out a way to modernize U.S. copyright law within the constraints set by these international agreements, or to have those agreements changed as well.
II. The Tax Fix for Copyright Law
This Part lays out the theory for using the Tax Code to achieve copyright reforms and objectives. Surprisingly, tax law has been underutilized in promoting the goals of copyright. This Part explains why Congress should consider using tax incentives to further copyright objectives and reform.
A. Using the Tax Code to Achieve Non-Tax Goals
Historically, Congress has used the Tax Code to achieve a variety of “non-tax” goals, meaning substantive policy goals outside of taxation.[87] Indeed, the Tax Code is littered with provisions of this kind.[88] Many of these provisions offer tax incentives through “deductions, credits, exclusions, exemptions, deferrals, and preferential rates,”[89] in order to incentivize certain conduct or activity. For example, to encourage enrollment in higher education and to help offset some of its increasing costs, the Tax Code provides a modest deduction for certain tuition expenses.[90] The Tax Code also offers a modest tax credit for eligible businesses to conduct research and development.[91] Sometimes, the Tax Code imposes unfavorable treatment (commonly called Pigouvian taxes after the theorist who championed their use) to discourage people from certain activities, such as smoking or excess fuel consumption.[92] Although the substantive policy goals are quite diverse, all of these “non-tax goal” provisions typically seek to incentivize activity or conduct through the Tax Code by creating either more or less favorable treatment under the Code. When the tax incentives cost the government revenue (in terms of lost tax revenue), they are called “tax expenditures.”[93]
Using the Tax Code as a method to address important societal issues or initiatives has become a popular option for pursuing policy and reform proposals. To address the epidemic problem of obesity in the United States, proposals to tax junk food and soda have been offered.[94] To promote more environmentally responsible or “green” technology and energy consumption, the Tax Code contains several tax credits and incentives.[95] The Obama Administration’s controversial individual health care mandate attempts to fix the problem of the lack of health care insurance for millions of people and escalating health care costs by taxing individuals who choose not to have health care coverage.[96] Likewise, the preferential treatment of long-term capital gains in the Tax Code—which are taxed at a lower rate than ordinary income—is justified as a way to encourage entrepreneurial investments and risk-taking that might lead to innovation.[97] The several tax benefits for homeowners are justified as serving “important non-tax policy objectives such as encouraging investment in commodity, enhancing the stability of neighborhoods, and increasing the willingness of property owners to fund local schools through property taxes.”[98] In response to the recent housing crisis, Congress amended the Tax Code to provide tax credits for first-time and other homebuyers.[99]
Of course, some tax experts are skeptical about whether the Tax Code is the proper forum for pursuing non-tax policy objectives. In his seminal article, Stanley Surrey argued that direct government expenditures to achieve a policy goal are preferable to indirect expenditures through the Tax Code because “a resort to tax incentives greatly decreases the ability of the Government to maintain control over the management of its priorities,” while complicating the Tax Code, reducing its overall transparency, and possibly entrenching certain tax exemptions that have outlived their usefulness.[100] Surrey’s critique has generated a longstanding debate over the desirability of non-tax policy uses of the Tax Code,[101] a debate that is likely to intensify as national debt reduction continues to be a hot button issue. This Article does not attempt to resolve this debate but will offer a response in Part IV to some of the concerns raised by tax expenditures. Suffice it to say, Congress has frequently used the Tax Code to further important national objectives. Using tax to further copyright objectives would not be an anomaly.
B. Current Uses of Tax Related to Copyrighted Works
1. Federal Tax Code
For whatever reason, tax incentives have rarely been used for copyright or other intellectual property objectives. Royalties from copyrights are taxed as ordinary income at the general tax rates for that income earner.[102] The Code excludes copyrights from being treated as a capital asset with its potential benefit of the lower capital gains tax rate.[103] Copyrights are essentially an afterthought in the Tax Code, if a thought at all.
One small exception is the recent amendment in the Tax Code that allows sales of copyrights of musical works to be taxed at the preferential capital gains rate (currently fifteen percent[104]). In 2005, Congress created an exception for musical works that allows songwriters to elect to receive the capital gains tax rate for sales of their compositions.[105] The Nashville Songwriters Association lobbied for the capital gains treatment of sales of copyrights in musical compositions, under a bill originally titled the Songwriters Capital Gains Tax Equity Act.[106] The Association argued that the new law would bring equity to the treatment of songwriters compared to music publishers who historically could invoke capital gains treatment for sales of their copyrighted songs.[107] The Association also argued that the tax break could help save the profession of songwriting given the losses allegedly caused by music file sharing.[108]
The songwriter capital gains rate provides a poor example of using tax to achieve copyright ends. The scope of the tax break is quite limited. No other individual authors get the benefit of capital gains treatment except for songwriters.[109] (By contrast, all patentees are eligible for the capital gains rate for the sale of their patents.[110]) Moreover, the policy behind the songwriter capital gains rate would appear to incentivize songwriters to sell their copyrights to others, instead of retaining their works and earning income through licensing. Congress could use tax law far more comprehensively and sensibly to achieve copyright goals.
2. State Tax Codes
The states have used their tax codes in ways that more directly incentivize the creation of copyrighted works than has the federal government. That is somewhat surprising, given that copyright law for fixed works is exclusively governed by federal law.[111] Most states and Puerto Rico have special tax incentives to lure film studios to create movies within their state borders.[112] The primary goal of these state tax incentives is to spur the state economies with the money spent by film studios on location (e.g., food and lodging) and with the added tourism and interest drawn to the area.[113] Yet an additional benefit is that the film industry receives, in effect, a state subsidy to create a film in a particular state. With the savings in expenses made possible by the tax breaks, some movie studios can presumably afford to invest in the creation of other films. As with most tax expenditures, however, the tax breaks for movies remain controversial, especially as many states face budget crises in the economic downturn.[114]
C. The Theory of the Tax Fix for Copyright Law
The popularity of state tax incentives for film creation begs the question whether Congress should consider making greater use of tax incentives for copyrighted work under federal law. Anecdotal evidence from the film industry suggests that movie studios are highly responsive to tax incentives to locate a movie production within a state to obtain a tax break.[115] Although the jury is still out on whether the film tax incentives have succeeded in boosting state economies, the evidence indicates that film studios have utilized the tax breaks in various states.[116] For example, New Mexico’s twenty-five percent tax refund for in-state movie production has reportedly brought in an estimated $600 million from 2003 to 2008 based on film productions of such high profile movies as No Country for Old Men, Terminator Salvation,Indiana Jones and the Kingdom of the Crystal Skull, and Transformers.[117] Although these state tax incentives for film production are not copyright reforms or efforts to modernize copyright law, they do provide an example of how the tax system can be used alongside copyright law. This Part explains why Congress should go one step further and use tax incentives as a way to achieve copyright goals.
D. Innovating Copyright Law Within International Copyright
1. Treaties
A major advantage of using the tax system to modernize copyright law is the flexibility the tax system offers. By using the Tax Code instead of the Copyright Act, Congress has the freedom to consider a variety of copyright reforms that would not present any problems under international treaties. Neither the Berne Convention nor the TRIPS Agreement speaks to, much less restricts, the ability of countries to impose taxes or create tax incentives related to copyrights.[118]
Moreover, the tax fix is better than the current way typically used to get around the Berne Convention—that is, treating domestic and foreign works differently. Because the Berne Convention only regulates works of foreign origin, countries can impose requirements on domestic works that would otherwise violate Berne if applied to foreign works.[119] For example, the U.S. Copyright Act requires registration as a precondition to bringing a copyright lawsuit for “United States works”—meaning works first published in the United States or, if unpublished, created by a U.S. national or resident.[120] Foreign works have no registration requirement under U.S. law because of Berne’s ban on formalities for foreign works.[121] Likewise, some recent proposals to shorten the term of copyright in the United States adopt the same limitation to U.S. works, in order to avoid Berne’s minimum standard of a term that lasts the life of the author plus fifty years.[122]
The differential treatment of domestic versus foreign works has several disadvantages. First, it complicates the Copyright Act by having a two-track system: one for domestic works and another for foreign works. Second, it has the effect of treating one’s own nationals worse than foreigners—a form of reverse discrimination that becomes less palatable as the disparities mount. In addition, it may encourage strategic behavior among some copyright holders to publish first their works abroad, so their works will be treated as foreign works for the purposes of Berne.[123] This strategic behavior might result in “off-shoring” of U.S. jobs and publishing resources for books, music, movies, and other works.
By contrast, the tax fix avoids these problems. A two-track system is not created in the Copyright Act. There is no reverse discrimination between nationals and foreigners. Each group would be treated the same under both copyright and tax law. Without any preferential treatment for foreign works under the law, the need for strategic behavior and off-shoring of jobs and resources outside the United States would be minimized.
2. Incentivizing Greater Choices for Copyright Holders
Another advantage of the tax fix is that it will help to achieve greater tailoring of copyrights to particular individuals, industries, or circumstances. As Michael Carroll and others have shown, the “one size fits all” model of our current copyright system (by which most works are treated under the same general approach) is inefficient: “In particular, this policy imposes uniformity cost on society by failing to supply fine-grained rights tailored to the economic circumstances of different classes of authors and inventors.”[124] For example, copyright law treats computer software the same as a literary work, even though software is functional and extremely short-lived in terms of its use.[125] Likewise, small-time authors who have no intention of commercially exploiting their works and who may not even care about copyright, receive, nonetheless, the same rights under copyright as those authors who commercially exploit their works.[126]
Instead of the “one size fits all” approach under the Copyright Act, tax law can give copyright holders a menu of options, with tax incentives, for how they might tailor their copyrights to their own particular circumstances. Thus, instead of Congress deciding how best to tailor copyrights among copyright holders—a task that may be fraught with error, given the huge amount of information needed—each copyright holder, who arguably has the most information related to the copyright in question, can decide whether to elect from an assortment of self-tailoring options required for the tax benefits. The tailoring by each copyright holder may lead to greater efficiency. For example, instead of a ninety-five-year copyright, software companies may opt for shorter terms of copyright that correspond to the actual life span of software. Although the Copyright Act already includes some modest tailoring with respect to sound recordings, architectural works, useful articles, and certain industry-specific exemptions,[127] tax law can provide even greater tailoring, individual taxpayer by individual taxpayer. Presumably, each copyright holder is in a better position than Congress to make the most efficient choice of how to tailor a copyright to her own circumstances.
3. Breaking the Political Stalemate Over Copyright Revision
A final reason Congress should consider a tax fix for copyright law is that enacting a set of copyright tax breaks may be more politically feasible than a major overhaul of the copyright system. If history is a guide, we can expect any major overhaul of the copyright system to provoke an intense battle among stakeholders. The Copyright Act of 1976 took decades of study, hearings, and debate before Congress eventually reached an agreement.[128] The tenor of copyright debates today is even more divisive.[129]
By contrast, with completely voluntary options under the proposed tax fix, copyright industries would have no reason to object. The Copyright Act would remain the same, and many copyright holders could benefit financially from the proposed tax breaks. The tax fix has the potential of undoing the stalemate that has plagued copyright debates in the past. Depending on the proposal, Congress could justify the tax breaks for copyright holders as a way to spur greater efficiency in the copyright system, as well as greater innovation in the production and use of copyrighted works.
III. Proposal: The Copyright Gains Tax and
Copyright Tax Credit
This Part outlines several proposals that use tax incentives to further copyright reform objectives. Two types of tax provisions are discussed: (1) a copyright gains tax and (2) a copyright tax credit.
A. Copyright Registration as a Prerequisite to Tax Breaks
Before discussing the proposed copyright tax breaks, we should discuss a prerequisite that would apply in either situation. In order to obtain the copyright tax break, the copyright holder would be required to register its work in the Copyright Office.[130]
This proposal would alleviate the growing orphan works problem and incentivize the registration of copyrighted works. As the Copyright Office recognized, the orphan works problem “is, in some respects, a result of the omnibus revision to the Copyright Act in 1976,” which eliminated “the requirement that a copyright owner file a renewal registration in the 28th year of the term.”[131] Under the 1909 Act, the renewal registration precluded an orphan works problem in two ways: (1) works that were not renewed in the twenty-eighth year automatically forfeited their copyrights, and (2) works that were renewed could be located (along with relevant information about the copyright owners) in the Copyright Office registry.[132] Though renewal registration had been a feature of U.S. copyright law since 1790, Congress eliminated it in 1976 so the United States could join the Berne Convention.[133] Joining Berne was perceived as a way for the United States to assume “a more prominent role in the international copyright community.”[134] But, as the Register of Copyrights Marybeth Peters conceded, “there is no denying that [the changes in the Copyright Act of 1976] diminished the public record of copyright ownership and made it more difficult for the business of copyright to function.”[135]
The proposal addresses this problem by requiring copyright registration as a precondition for obtaining any copyright tax break. A copyright holder would have to register its work in order to be eligible for the tax break. In order to create added incentive to register the work early in the term of copyright, Congress could set a time period for registration, such as within five years of creation of the work. The five-year window might encourage the owners of works that are not commercially exploited to register their works anyway, in the hopes of one day monetizing their creations. Copyright holders that fail to register within the first five years of copyright would not be eligible to obtain a copyright tax break. Having a uniform period for registrations of all works would make it easier to educate the public on when registration would be required to receive a tax break. The incentive to register copyrighted works under the proposal might decrease the problem of orphan works by encouraging more registrations of works over time than under the current system.[136] And it would do so without violating Berne’s prohibition on formalities. In short, a voluntary registration to receive a tax break is not a copyright formality.[137]
B. The Copyright Gains Tax
A preferential tax rate is one way to structure a tax incentive to pursue copyright reform objectives. Similar to the capital gains tax rate,[138] the proposed “copyright gains” tax provides a lower tax rate for income generated from copyrighted works, provided the copyright holder satisfies whatever requirements set by the copyright reform measure. I discuss below two different copyright reform proposals: (1) shorter copyright terms and (2) mass licenses of works to the public. These proposals are offered for illustrative purposes; other copyright reforms can be substituted in their place.[139] The key takeaway is seeing how tax can facilitate a more flexible approach to copyrights to achieve public ends—the constitutional goal of the Copyright Clause.[140]
1. Proposal 1: Opting for Shorter Copyright Terms
Assume Congress decides to pursue the objective of encouraging shorter terms of copyright at the election of the copyright owner.[141] This policy could yield three benefits. First, encouraging shorter copyright terms might reduce the problem of orphan works. Older copyrighted works, whose owners are more likely to have since died or become defunct, are more susceptible to becoming orphan works. Second, allowing copyright owners to choose their own copyright terms avoids the inefficiencies of the current “one size fits all” approach to copyright. Numerous works are not commercially exploited at all, and some commercial works (such as software) are exploited only for a few years. For these works, a copyright that lasts the life of the author plus seventy years (or ninety-five years in the case of works-made-for-hire) makes no economic sense. Third, shorter terms of copyright can spur, much sooner, follow-on creations and innovation based on works that have entered the public domain.
a. Basic Tax Structure
Instead of changing the copyright term itself in the Copyright Act, Congress could enact a special tax break for copyright holders who voluntarily shorten the length of their copyrights. Under our current law, copyright holders always have the option of choosing to abandon their copyrights or donate their works to the public domain.[142] Of course, few copyright holders ever do so because they have very little incentive to donate their works to the public domain under the current system. However, the tax fix for copyright terms can provide that incentive by rewarding copyright holders who choose shorter terms of copyrights by their own initiative.
Imagine one possible scenario. Congress enacts a tax break for copyright holders who elect to give up some of their copyright terms under the following graduated series of favorable tax rates on royalties. Because the Copyright Act uses different metrics for copyright terms depending on whether the author is an individual or a corporation,[143] two tax tables are provided.
Table 1: Copyright Gains Tax Rates for Shorter Terms
Term of Copyright Chosen
Copyright Gains Tax Rate
Corporate Author elects a 1-year
5% of standard rate applies
10% of standard rate applies
Corporate Author elects a 50-year
Corporate Author keeps full term of
Standard rate applies
Individual Author
Individual Author elects a 1-year
Individual Author elects life term
Individual Author elects a 50-year
Individual Author keeps full term of
life plus 70 years
The proposed tax table attempts to treat individual and corporate authors the same in terms of the tax benefit gained. The one difference is that the copyright terms for individual authors are defined by the life of the author plus seventy years, whereas corporate authors have a fixed term of ninety-five years from publication of the work (or 120 years from creation, whichever is sooner). Thus, the tax table gives the option for the individual author to elect to receive a copyright for a work only during her lifetime. Of course, the number of years in the life of the author varies according to when the work is created and when the author dies.
Under the proposal, an author can elect a one-year term of copyright and receive a tax rate of 5% of the standard tax rate for royalties for the copyright holder’s income tax bracket. For example, as depicted in Table 2, if an author falls within the highest tax bracket of 35%, her copyright gains tax rate would be only 2% of income generated from the work.[144] If the author elects a five-year copyright, her copyright gains tax rate would be 4%. Electing a copyright for the life of the author would receive a tax rate of 14%. A fifty-year copyright would receive a tax rate of 18%, and a seventy-year copyright would receive a tax rate of 25%. If the copyright owner keeps the entire term of copyright, she would be taxed at her normal rate of 35%. In each case, the copyright owner decides whether to lower her term of copyright and receive a tax break in return.
Table 2: Copyright Gains Tax for Author from
Highest Tax Bracket of 35%
Tax Rate on Royalties
Individual Author elects a 1-year copyright
Individual Author elects a 50 year copyright
Individual Author keeps full term of life
plus 70 years
The tax break afforded to the copyright holder would apply or carryover for the remainder of the copyright term on the work in question.[145] Congress could amend the general tax rates, which would affect the final copyright gains tax rate, but the discount percentages would remain at five, ten, forty, fifty, and seventy percent. Of course, the tax rates above are merely illustrative. The amounts can be lowered or increased, depending how much incentive Congress hoped to create. The vital point is that Congress has considerable flexibility to incentivize copyright holders to shorten their terms of copyright.
b. Advantages of Using Tax Instead of Copyright
The beauty of the tax fix is that it completely bypasses Berne. First, Berne requires countries to recognize a copyright term of at least the life of the author plus fifty years.[146] Thus, if Congress wanted to lower the copyright term to a shorter term for all works, Berne would forbid it. A tax incentive, however, could help to achieve the same goal of shortening copyright terms without violating Berne.
Second, Berne establishes a default rule known as the “rule of the shorter term.”[147] It states: “[U]nless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.”[148] The rule means that countries with terms longer than the life of the author plus fifty years (e.g., the European Union has a term of life of the author plus seventy years) can give a shorter term to a work whose country of origin only provides for such shorter term. For example, before Congress enacted the Sonny Bono Copyright Term Extension Act, EU countries could give U.S. works the shorter term of life of the author plus fifty years—that is, “the term fixed in the country of origin of the work.”[149] Even though the U.S. works in the European Union receive copyrights from EU countries, those European copyrights for the U.S. works received a copyright term shorter than what EU works received.[150] The shorter term puts pressure on countries in the Berne Convention to raise their copyright terms whenever one country raises its term above the rest. The United States did exactly that when the European Union raised its copyright term.[151]
The tax fix avoids the rule of the shorter term—and the disadvantage imposed on nationals from a country with a shorter term. Even if U.S. authors elect to give up part of their copyright terms, the copyright term in the Copyright Act still remains the same. Thus, the tax incentive for copyright holders to reduce their own copyright terms would not alter, in any way, “the term fixed in the country of origin of the work.”[152] The United States could adopt the tax fix, without disadvantaging U.S. works abroad, while achieving shorter copyright terms through voluntary choice by copyright holders.
c. Hypothetical Example: The Blair Witch Project
To illustrate how the copyright gains tax would operate in practice, consider a hypothetical example using the independent film, The Blair Witch Project. The small budget movie became a surprise box-office mega-hit, earning over $140 million in 1999.[153] The movie cost only $500,000 to $750,000 to make,[154] so most of the earnings constituted income subject to tax (assuming no clever Hollywood accounting was used[155]).
The high amount of income generated from the movie would put it at the highest tax rate. For simplicity, I will use the current 2011 tax rate of 35% in this hypothetical, instead of the 1999 tax rate.[156] Assuming the high-end estimate of the production expenses of $750,000, and applying the income forecast method of depreciation under § 167(g) of the Tax Code,[157] with an assumption that most of the movie’s earnings occurred within the first ten years of the movie’s distribution,[158] most of the costs (let’s say $724,100) can be deducted immediately. The owner of the movie would have $139,814,999 in income, subject to a 35% tax—or $48,935,250 in tax.
Under the proposal, the copyright owner of The Blair Witch Project could elect to reduce its federal tax by agreeing to a shorter copyright term. The options would be as follows:
Table 3: The Blair Witch Project Income
Under Copyright Gains Tax
Copyright Term
1-year copyright
50-year copyright
Although the copyright holder would have to exercise its business judgment in deciding which tax incentive to select, the copyright holder might prefer a five-year copyright over a one-year copyright, or a fifty-year copyright over a seventy-year copyright. The tax savings afforded by a one-year copyright over a five-year copyright is only $2.79 million, while having four more years of copyright would enable the copyright holder to make a derivative work (e.g., a sequel) exclusively during that period. If the copyright holder desired a copyright term longer than five years, a fifty-year copyright might be preferred because it provides close to $10 million in additional tax savings beyond a seventy-year copyright. The present value of any income derived in years fifty-one through seventy of the copyright term probably would not compare to the $10 million in extra tax savings now.
In terms of mechanics, the copyright holder would have to register the copyright for The Blair Witch Project and also file notice of its decision to abandon its copyright after the chosen number of years. The public notice would be contained in the copyright registration, all accessible online, similar to disclaimers in trademark registration.
The example illustrates how tax incentives might induce copyright holders to elect to have shorter terms of copyright, perhaps even as short as five years or less. Although The Blair Witch Project provides an extreme example of massive profits from a work, it shows the attractiveness of a copyright gains tax. Of course, the precise tax rates set for the copyright gains tax would require further study and debate. The numbers above are meant for heuristic purposes.
2. Proposal 2: Opting for Licenses for Public Use of a Work
The copyright gains tax can also be used for other copyright objectives. Imagine Congress wanted to encourage copyright holders to allow greater exploitation of their works, including in derivative works. This initiative could spur greater follow-on creations, earlier in the term of the copyright.[159] Instead of having to wait until the work enters the public domain, the public could exploit the works in ways greater than allowed currently under copyright law. A copyright gains tax would apply if a copyright holder elected, within the first five years of copyright, to adopt a free, mass license to allow the public to make derivative works for the remainder of the copyright. The mass license could be a Creative Commons license, which is a popular way for copyright holders to mass license their works.[160] For example, the Creative Commons-By license requires the follow-on user to provide attribution to the original author in using the work.[161] The election period might be set at the first five years of copyright for a work, in order to allow the public to use the work when it is recent and to maximize the amount of time afforded to the public to utilize the work in making new, derivative works.
The precise tax rates set would require further study and debate. For illustrative purposes, the copyright gains tax for allowing derivative works could be set as follows:
Table 4: Copyright Gains Tax for Copyright
Holders’ Mass Licenses
Election By Copyright Holder
Author elects derivative work (“DW”)
mass license, including commercial
and noncommercial uses
Author elects DW mass license, only for
noncommercial uses
Thus, the copyright holder receives a ten percent discount on the standard tax rate on income generated from a work for which it has authorized a mass license to the public to make derivative works only for noncommercial purposes. Similarly, a copyright holder receives a forty percent discount on the standard tax rate on income generated from a work for which it has authorized a mass license on the public to make derivative works for both commercial and noncommercial purposes. The greater discount is given to allowing commercial derivative works, in part because those works will possibly generate economic activity and further income subject to tax. The added tax revenue could help offset the losses in tax revenue created by the preferential copyright gains tax rate.
As in the case of shorter copyright terms, the main advantage of using the Tax Code here is that it achieves greater flexibility without raising Berne Convention problems. Articles 12 and 14 of Berne require countries to recognize a set of adaptation rights—commonly known under the umbrella of the right to make derivative works.[162] Thus, the United States could not substantially diminish the right to make derivative works, at least not for foreign works, without violating the Berne Convention. Moreover, the right to make a derivative work arguably serves a useful purpose in incentivizing authors to create not only a first work but also, potentially, a derivative work. The copyright gains tax, however, could make the derivative work right more flexible. The flexibility could incentivize copyright holders to promote socially productive re-uses of their works. For example, the growth of noncommercial fan-fiction online—short stories created by third parties based on famous works like Harry Potter—currently occupies an uncertain status between possible infringement and fair use.[163] One easy way to clear up this uncertainty is to encourage authors themselves to mass license their works.
Let us return to the example of The Blair Witch Project. Imagine the copyright holder grants the public a mass license to use the movie in noncommercial derivative works, such as remix videos.[164] The mass license would be recorded in the Copyright Office, along with the registration of the work. Copies of the work could be required to indicate a mass license has been granted to the public for reuse of the work (such as by the Creative Commons symbols). As shown in Table 5 below, under the copyright gains tax rate, the copyright holder would be taxed at 90% of the standard tax rate that applies—meaning the rate would lower from the highest tax rate of 35% to the discounted rate of 32%. Applying the preferential rate would lower the tax from $48,935,250 to $44,740,800, a decent savings of $4.2 million.
The copyright holder can obtain an even larger tax benefit of 60% of the standard rate by opting to allow commercial derivative works as well. In such case, the tax rate would lower from 35% to 21%, with a tax of $29,389,500—which equals a tax savings of $19.6 million.
Mass Copyright License
Noncommercial DWs
All DWs
In essence, through the tax expenditure of the copyright gains tax, the government is investing in follow-on creations and innovation from copyrighted works.
C. Copyright Tax Credits
1. Structure of Copyright Tax Credit
Another way to use the Tax Code to further copyright objectives is through tax credits.[165] Typically, a tax credit would provide a smaller tax benefit than a preferential tax rate. Deductions reduce one’s taxable income and thus translate into different amounts depending on the taxpayer’s tax bracket; tax credits, however, offer dollar-for-dollar amounts reducing one’s tax liability, irrespective of tax bracket.[166] A tax credit allows Congress to set fixed dollar amounts for reducing one’s tax instead of having the tax benefit fluctuate, such as in a tax rate, although the amount of the tax credit could be made to change to different levels of income. For example, the child tax credit is up to $1,000 for each qualifying child under seventeen years old.[167] Tax credits can also be made refundable, meaning if the amount of tax owed by the taxpayer in a given year is less than the amount of tax owed, the difference between the credit and tax owed is refunded by the federal government to the taxpayer.[168] Alternatively, the tax credits can be nonrefundable but subject to “carry over,” or used in following tax year(s) when there is positive income.[169]
As in the case of the copyright gains tax, the proposed copyright tax credits would be dependent on copyright registration of a work by the same year the tax credit is sought. The next step would be identifying a copyright objective worthy of a tax credit.
Imagine Congress wants to incentivize authors to allow more free uses of their copyrighted works in schools, in order to encourage learning with a greater diversity of materials and to help defray the rising costs of education.[170] A tax credit could be awarded to any copyright holder for each school that requested and received permission to use its work in the classroom for free. As shown in Table 6, the tax credit might be set at, let’s say, $50 per school to which the author granted free use—including copying, public performances, and adaptations—of part of a copyrighted work in the classroom or at school, and $150 for each school granted free use of an entire copyrighted work. The tax credit could be in addition to any deduction allowed for donation of material to a charitable institution,[171] given that the donation here would encompass acts of copying, performing, and adapting not measured within the amount for donation of copies of works. A cap can also be set on the maximum amount of copyright tax credits (e.g., $15,000) that a taxpayer can claim each year.
Table 6: Copyright Tax Credit for
Free Educational Licenses
Free Educational License
Part of work licensed
$50 per school
Entirety of work licensed
$150 per school
2. Advantages of Using Tax Instead of Copyright Exemptions
Again, the main advantage of using the Tax Code instead of copyright law is to provide greater flexibility to copyright in a way that skirts any problems with international obligations. Instead of creating broad copyright exemptions for schools that could be subject to international challenge in the WTO, Congress could use tax credits to promote the same objectives without raising any issue of compliance with the Berne Convention or the TRIPS Agreement. In addition, the proposed copyright tax credits have the added benefit of promoting education and potentially helping to address the escalating costs of education, including textbooks, which are trending to an annual cost of $1,000 per college student.[172]
a. Hypothetical Example: Open-Source Textbooks
To understand how the proposed copyright tax credit would operate, imagine Author creates an “open source” digital textbook free for others to use and copy. Twenty schools adopt the textbook for use in their classrooms. The digital copies are disseminated for free to the students in each school. As depicted in Table 7, Author is able to receive a tax credit of $3,000 (20 times $150) for sharing her entire textbook with twenty schools. To obtain the tax credits, Author would have to register the copyright, keep proper records of the names of the schools receiving the textbook (subject to audit), and indicate, on the tax form, her election of the copyright tax credits. If the same schools use Author’s textbook the following year, Author would be entitled to the same tax credit.
Table 7: Open Source Textbook with Free Educational License in 20 Schools
IV. Addressing Concerns
This final Part addresses objections to the tax fix to copyright law. Although the tax fix affords greater flexibility to copyright initiatives without raising any international treaty concerns, it may produce other side effects worth considering.
A. Tax Concerns
1. Tax Expenditures and Revenue Depletion
The biggest objection to the proposals above is their cost. Congress must consider the costs and benefits of the proposals, informed by analysis by economists and policymakers. To be sure, the debt crisis and economic downturn in the United States pose many challenges for U.S. fiscal policy.[173] Some experts may question the desirability of tax cuts when the economy is weak and the federal government faces huge budget deficits.[174] The issue is at least debatable. In 2009, the Obama Administration cut taxes for the middle class in an effort to stimulate the economy.[175] In 2011, Democrats and Republicans both were proposing different tax cuts as a way to boost the economy.[176] In any event, Congress will not likely consider copyright reforms until later this decade, at a time when the U.S. economy is (hopefully) better. Congress can always adopt smaller tax breaks as a part of an incremental approach to copyright reform. And, to the extent the current debate over reforming the U.S. tax system will force Congress to make the tax system more transparent and with fewer loopholes, the current debate may pave the way for the kind of copyright reform proposed herein. From an economic view, giving preferential tax rates in a way that incentivizes the creation of more copyrighted works makes sense, given how much the copyright industries contribute to U.S. GDP and exports overseas.[177]
The proposed copyright tax reforms may not necessarily lead to large tax expenditures over the long run. Stimulating the creation of more works much sooner during the copyright term is one of the primary goals of the proposed copyright gains tax. Copyright holders are incentivized, with a preferential tax rate, to allow their works to be used and adapted by many more people—including commercially—much sooner than before. Instead of waiting ninety-five years to see the mass public exploitation of works, now such exploitation could occur in five years or less. The potential proliferation of follow-on creations to existing, popular works could generate significant income—itself subject to tax—that would not have been created without the copyright gains tax incentive.
Indeed, one attractive feature of the copyright gains tax is that the works that would cost the most in terms of tax expenditures (meaning they generate the most income that is then subject to a lower tax rate at the election of the copyright owner) would also have the greatest potential of spurring commercial follow-on creations that can generate even more income. The most popular works commercially are likely to be the most attractive for people to adapt and build on—and the most likely to lead to other income-generating derivative works. In other words, popularity can be monetized—and then taxed.
While many follow-on creations or derivative works would not generate income subject to tax, it is likely that some would. In the movie industry, Hollywood studios have routinely made large revenues from adaptations of public domain works—including the incredibly successful movies Snow White and the Seven Dwarfs (which grossed nearly $185 million in 1937), Pinocchio ($84 million in 1940), and Aladdin ($217 million in 1992).[178] The proposal would enhance the possibility of income generation from derivative works because the underlying works would be more contemporary—which enhances the marketability of follow-on creations. For example, a sequel to Harry Potter, Twilight, or Glee would likely be more marketable today than in the year 2081.
In addition, the copyright gains tax might attract new entrants—meaning new creators—into content production, which might in turn generate even more taxable income than would otherwise have arisen. For example, the preferential copyright gains tax might make it more economically feasible for “starving artists” to make a living and pursue their passion as a profession.[179] Among the new entrants to creative professions may be a few who become the next J.K. Rowling or Justin Bieber, in terms of their commercial success—again generating income subject to tax.
Even if the new entrants have only modest commercial success, the number of new entrants in the so-called “long tail”[180] may be large enough to yield a decent source of additional income subject to tax. Also, the added incentives to register copyrighted works may lead to an increase in registrations. People who might not otherwise register their works might be induced to register, in order to preserve the possibility of a tax benefit. The fee for registration, although modest, could generate more revenues for the government in the long-term.[181]
The multiple ways in which new income streams might be generated under the copyright gains tax are arguably less prone to manipulation than under the capital gains tax. The majority of capital gains are derived from sales of stocks, and of business and rental real estate.[182] Thus, the problem of “lock-in” occurs with capital investments because investors may hold on to their stocks and other investments in order to avoid having to pay tax on gains accrued from their sale.[183] By contrast, the copyright gains tax would probably not lead to a “lock-in” effect because most creators probably have an incentive to share and market their works commercially, instead of holding on to them.
The Blair Witch Project example shows how additional tax revenues might be generated from the copyright gains tax.[184] Imagine that the copyright owner of the movie opted for the five-year copyright, thereby saving $43.3 million from the preferential rate of tax in 2011. That $43.3 million represents the tax expenditure the federal government made in enacting the copyright gains tax as applied to the movie. The tax expenditure by the federal government might be recovered in several ways.
First, the copyright owner might use part of the $43.3 million to finance a sequel. The production of the sequel would very likely pump money into local businesses where the film is produced. Even if the sequel performed only one third as well as the first movie and earned $46.2 million at the box office, the tax owed by the copyright holder could be over $15 million, depending on how much the sequel cost to produce. Second, the creation of other derivative works of The Blair Witch Project—merchandise, video games, toys, and the like—by the copyright owner or third parties could also generate more income subject to tax. According to movie industry expert Steven Gaydos, merchandising can generate between $50 and $200 million if the movie is popular.[185] For example, in 2002, the Harry Potterfranchise generated $11.8 million simply based on sales of Harry Potter cookies, candy, and gum.[186] In total, Harry Potter amassed a staggering $7 billion in merchandising sales and $1.5 billion in video game sales worldwide.[187] Third, the financial attractiveness of the copyright gains tax for The Blair Witch Projectmight lure other creators to enter the field who might not otherwise have pursued creative professions. To the extent those new entrants produce taxable income from their copyrighted works, some of the loss in tax revenue from copyright holders’ election of the copyright gains tax would be further offset.
Thus, the copyright gains tax can spur a greater number of creative works much sooner than under the current copyright system, without necessarily causing huge tax expenditures for the federal government. The income generated from the follow-on creations would be taxed and help to offset the loss in tax revenue from the preferential rate. Moreover, noncommercial follow-on creations provide a social benefit or positive externalities in their own right in a way that is not captured by income.
2. Gaming the System and Tax Fraud
As with any tax provision, the proposed copyright gains tax and copyright tax credit will be susceptible to clever attempts by some taxpayers to game the system, if not commit outright tax fraud. For example, in the past, some corporations have set up foreign companies in order to minimize or avoid U.S. tax exposure—a practice of expatriation that Congress attempted to discourage in 2004 by closing the tax loophole.[188] Drafters of the copyright tax breaks must vet the provisions and attempt to formulate them in a way that minimizes the potential for similar gaming of the system. But, as one court put it, “[e]ven the smartest drafters of legislation and regulation cannot be expected to anticipate every device.”[189] Accordingly, the IRS should monitor the implementation of the copyright tax fixes to identify any gaming of the system, so Congress might close any loopholes.
3. Unequal Tax Treatment of Other IP
The proposal for copyright “tax fixes” begs the question whether the Tax Code should be used in a similar way for the patent and trademark systems. As Jeffrey Maine and Xuan-Thao Nguyen have identified, principles of horizontal tax equity demand consideration of treating the taxation of income generated from different intellectual property alike, if they are truly similarly situated.[190] However, some of the problems addressed by the proposed tax fixes are idiosyncratic to copyright. The optional registration system, lengthy terms, and problem of orphan works are not present in the patent or trademark systems.[191] The potential benefits from incentivizing greater uses of IP, though, are relevant to both copyright and patent. A similar tax incentive for patent holders authorizing mass licenses to create derivative inventions might also be considered.
B. Copyright Concerns
Some may object to the specific copyright reforms proposed, particularly the incentives for shorter terms and more liberal licenses for derivative works. Some copyright holders would argue that they need a longer term and even more rights and enforcement measures, given the ease of infringement on the Internet today. On the flip side, some public interest advocates might criticize the copyright gains tax proposals because the copyright gains tax does not reward noncommercialproductions. Each objection is discussed in turn.
1. Need for Stronger Copyright?
No doubt some copyright holders may desire longer terms of copyright and even more rights. The history of copyright in the United States has demonstrated that copyright industries have been incredibly successful in obtaining expansions and extensions of copyright over time.[192]
Whether or not these expansions and extensions should be ratcheted even higher in the twenty-first century is a policy debate that I do not undertake here. One attractive feature of the tax fix proposal is that it leaves the current high levels of copyright protection and long copyright term completely untouched. While the Copyright Act remains the same, the Tax Code adds greater incentives and flexibility to accommodate a diverse group of copyright holders—some of whom may prefer maximalist copyright protection, others of whom may prefer maximalist tax benefits. Under the tax fix, the “one size fits all” approach of the Copyright Act is modified, but only for those copyright holders who want to modify it. In popular parlance, the tax fix is an “opt in” system.[193]
It is also important to bear in mind that the particular copyright proposals offered above are meant as illustrations of how the Tax Code can be used to facilitate copyright objectives. One need not agree with the copyright proposals in order to see the attractiveness of using the Tax Code to further copyright goals, whatever they may be.
2. No Tax Help for Noncommercial Works?
Public interest advocates might criticize the tax proposals as biased against amateur creators and noncommercial works. Creators of noncommercial works are not able to benefit from a preferential copyright gains tax rate. If no income is derived from a work, there is no “gain” to tax.
The criticism is valid, but only to some extent. Even noncommercial creators can benefit from the copyright gains tax if it is successful in inducing other copyright owners to allow their works either to enter the public domain sooner or to be mass-licensed for public use. The noncommercial creators benefit directly by having more underlying material—both commercial and noncommercial works—from which to draw. Moreover, under the copyright tax credit for educational uses of copyrighted works, the author does not need to generate income from her own works in order to benefit from the tax credit. The tax credit applies whether or not the work has generated income.
C. Administrative Concerns
1. Complicating the Tax Code and Copyright Act
Another objection to the tax fix to copyright law is that it would further complicate the Tax Code and copyright law, both of which are already complicated, if not incomprehensible, enough.[194] Using a tax fix—using tax law to further copyright objectives—would only exacerbate the difficulty for the public to understand tax and copyright. It may yield a “double whammy” in terms of complicating both laws.
The criticism of complexity is valid. The tax fix to copyright law will make things more complicated. Drafters of the tax fix should strive to design a copyright gains tax and credit that will be easy to understand. Also, the tax forms and schedules for the copyright gains tax and tax credit should be written in a user-friendly format. Just as with any change to the Tax Code or Copyright Act, programs should be developed to educate the public about the changes. To the extent that complexity is unavoidable, it may be a tradeoff for making the Copyright Act more flexible for the twenty-first century. The tradeoff may be worth making if the potential social benefit is great, and the amount of complexity added is not too onerous for the public to understand.
2. Coordination of Tax and Copyright Components
One final objection is administrative: the tax fix will require coordination between the Internal Revenue Service and Copyright Office. Such interagency coordination may be difficult to achieve. Yet the IRS is a relatively well-functioning agency in managing tax filings of millions of U.S. residents each year.[195] The Copyright Office has not had as large an administrative responsibility as the IRS, but the proposals do not require the Copyright Office to do much more than overseeing the registration process—something it has historically done. The key additional component would be ensuring that taxpayers who invoke the copyright tax breaks have registered their works and recorded the relevant information concerning their copyrights (e.g., shorter term, mass licenses to the public) in the Copyright Office. But this burden can be handled by a requirement of disclosure of copyright registration on the tax form, plus the penalty of perjury that governs tax forms.[196] Successful coordination among patent offices in the United States, Europe, and Japan in sharing information and reviewing patent applications under the Trilateral Review suggests that interagency coordination between the IRS and Copyright Office would be feasible.[197] If three countries can coordinate their offices, then two agencies within the United States should be able to coordinate as well.
The U.S. Copyright Act of 1976 is due for a major revision to update copyright law and reduce the inefficiencies of the copyright system. This Article proposes using the Tax Code as an alternative way to reform or modernize copyright law. The main advantage of this approach is that it allows Congress much greater flexibility for reforms that do not implicate, much less violate, the international obligations of the Berne Convention or TRIPS Agreement. The approach also may be more efficient in allowing copyright holders to tailor copyrights to their own situations and needs, instead of imposing a “one size fits all” approach on all copyright holders.
* Professor of Law, Director, Program in Intellectual Property Law, IIT Chicago-Kent College of Law, Norman and Edna Freehling Scholar. Many thanks to Jonathan Band, Evelyn Brody, Stephanie Hoffer, and Thomas Shinnick for comments on earlier drafts, and to the participants of the Intellectual Property Scholars Conference 2011 and faculty workshops at Chicago-Kent College of Law and Marquette University Law School. I benefited from conversations with Kathleen Courtney regarding state tax incentives in film production, David Jakopin regarding tax and IP, Bruce Nash regarding Hollywood accounting, and Pamela Samuelson regarding copyright reform. Michael Johnson and James Baldwin provided excellent research assistance. Tom Gaylord and Claire Alfus provided invaluable help in, respectively, tracking down sources and creating the tables.
[1]. See Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541.
[2]. See Pamela Samuelson, Preliminary Thoughts on Copyright Reform, 2007 Utah L. Rev. 551, 553–54.
[3]. See infra notes 75–86 and accompanying text. The United States joined the Universal Copyright Convention (“UCC”) in 1955, but the UCC accommodated the former U.S. approach to copyright (with formalities) and lacked an enforcement mechanism to stop violations. See Universal Copyright Convention, Sept. 6, 1952, revised July 24, 1971, 25 U.S.T. 1341, 943 U.N.T.S. 178; Robert S. Chaloupka, International Aspects of Copyright Law, 15 Int’l HR J. 18, 18–19 (2006); Tyler Ochoa,Protection for Works of Foreign Origin Under the 1909 Copyright Act, 26 Santa Clara Computer & High Tech. L.J. 285, 299–300 (2010).
[4]. See Berne Convention for the Protection of Literary and Artistic Works, Sept. 9, 1886, revised July 24, 1971, 1161 U.N.T.S. 18338 [hereinafter Berne Convention]; Agreement on Trade-Related Aspects of Intellectual Property Rights arts. 9–14, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 33 I.L.M. 1125, 1197–1226, 1869 U.N.T.S. 299, 304–17 (1994) [hereinafter TRIPS Agreement]. The TRIPS Agreement incorporates Articles 1 through 21 and the Appendix thereto of the Berne Convention, thereby including them within the scope of WTO enforcement proceedings. See TRIPS Agreement, supra, art. 9(1).
[5]. Peter K. Yu, TRIPS and Its Achilles’ Heel, 18 J. Intell. Prop. L. 479, 483–84, 492 (2010) (“[M]ore than two-thirds of the provisions [in TRIPS] sought to introduce, in a single undertaking, new substantive minimum standards on which there was no prior international consensus.”). See generally Graeme B. Dinwoodie & Rochelle Cooper Dreyfuss, A Neofederalist Vision of the International Intellectual Property Regime: The Resilience of the TRIPS Agreement to Technological and Social Change (forthcoming Mar. 2012) (arguing that TRIPS is best understood as allowing considerable flexibility for member countries to meet minimum standards); Edward Lee, The Global Trade Mark (unpublished manuscript) (on file with the author) (discussing extent to which TRIPS allows varied approaches among members).
[6]. See Berne Convention, supra note 4, arts. 1–18, (setting forth minimum standards of copyright).
[7]. See TRIPS Agreement, supra note 4, arts. 9–14.
[8]. For example, the ban against formalities in Berne Article 5(2) dates back to 1908. See Daniel Chow & Edward Lee, International Intellectual Property 96–97 (2006). Some scholars question the continuing abidance to this early twentieth century rule, which makes it difficult to identify and locate copyright owners. See Stef van Gompel, Formalities in the Digital Era: An Obstacle or Opportunity? in Global Copyright: Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace 395, 395–98 (Lionel Bently et al. eds., 2010); see also Stef van Gompel, Formalities in Copyright Law: An Analysis of Their History, Rationales and Possible Future 15–51 (2011) (discussing how formalities function in intellectual property systems). Likewise, the rule of the shorter term in Article 7(8) requires countries to give, absent legislation to the contrary, foreign works a shorter term of copyright as set by their country of origin instead of the longer term granted to domestic works. Berne Convention, supra note 4, art. 7(8). This provision, which also dates back to 1908, was adopted to create a transition and an incentive for newly joining countries that had shorter terms to raise their terms to the minimum standard of the life of the author plus fifty years. See Chow & Lee, supra, at 218. Because all Berne countries are now required to have a term of at least the life of the author plus fifty years, the original reason for the rule of the shorter term is no longer relevant. Yet, a negative effect of the rule is that it puts pressure on all member countries to raise their copyright terms to whatever is the longest term recognized by any member; otherwise, the other countries’ citizens might be disadvantaged with a shorter term in the country that has a longer term. See id. at 219.
[9]. See Marrakesh Agreement Establishing the World Trade Organization, art. X, ¶ 8, Apr. 15, 1994, 33 I.L.M. 1144, 1867 U.N.T.S. 154 (1994) (declaring that a consensus of members is required for amendment to TRIPS Agreement); Berne Convention, supra note 4, art. 27(3) (declaring that “any revision of this Act . . . shall require unanimity of the votes cast”).
[10]. See, e.g., Jane C. Ginsburg, The U.S. Experience with Mandatory Copyright Formalities: A Love/Hate Relationship, 33 Colum. J.L. & Arts 311, 345 (2010); Ruth L. Okediji, The Regulation of Creativity Under the WIPO Internet Treaties, 77 Fordham L. Rev. 2379, 2391 (2009); Aryeh L. Pomerantz, Obtaining Copyright Licenses by Prescriptive Easement: A Solution to the Orphan Works Problem, 50 Jurimetrics J. 195, 203–04 (2010); R. Anthony Reese, Photographs of Public Domain Paintings: How, If At All, Should We Protect Them?, 34 J. Corp. L. 1033, 1052–53 (2009); Christina M. Costanzo, Comment, Have Orphan Works Found a Home in Class Action Settlements?, 83 Temp. L. Rev. 569, 586–87 (2011).
[11]. Cf. Eldred v. Ashcroft, 537 U.S. 186, 200 (2003) (“To comprehend the scope of Congress’ power under the Copyright Clause, ‘a page of history is worth a volume of logic.’” (quoting New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921))).
[12]. See Samuelson, supra note 2, at 556.
[13]. See Act of May 31, 1790, ch. 15, 1 Stat. 124 (repealed 1831) [hereinafter 1790 Act].
[14]. See Act of Feb. 3, 1831, ch. 16, 4 Stat. 436 (repealed 1870) [hereinafter 1831 Act].
[15]. See Act of July 8, 1870, ch. 230, 16 Stat. 198 (repealed 1909) [hereinafter 1870 Act].
[16]. See Act of Mar. 4, 1909, ch. 320, 35 Stat. 1075 (repealed 1976) [hereinafter 1909 Act].
[17]. See Act of Oct. 19, 1976, Pub. L. No. 94-553, 90 Stat. 2541 (effective Jan. 1, 1978) [hereinafter 1976 Act].
[18]. See Legislative Appropriations Act of 1955, ch. 568, 69 Stat. 499; Howard B. Abrams, Copyright’s First Compulsory License, 26 Santa Clara Computer & High Tech. L.J. 215, 221 n.33 (2010).
[19]. Samuelson, supra note 2, at 555.
[20]. See Jessica Litman, Real Copyright Reform, 96 Iowa L. Rev. 1, 3 (2010) (“The statute was not well-designed to withstand change, and has aged badly.”).
[21]. See 17 U.S.C. §§ 302–04, 408 (2006). For U.S. works, registration is a requirement to bring an infringement lawsuit, but relatively few copyright lawsuits are brought each year. See Edward Lee, Warming Up to User-Generated Content, 2008 U. Ill. L. Rev. 1459, 1476–77 (stating that in 2006, only 4944 copyright suits were filed, with most not ever going to trial).
[22]. See 17 U.S.C. § 411 (2006).
[23]. See Berne Convention, supra note 4, art 5(2).
[24]. See 17 U.S.C. §§ 504–05.
[25]. See Lee, supra note 21, at 1476–77 (stating that just roughly 5000 suits were filed in 2006).
[26]. See Peter S. Menell & Michael Meurer, Notice Failure and Notice Externalities (Bos. Univ. Sch. of Law Working Paper No. 11-58, 2011), available athttp://www.bu.edu/law/faculty/scholarship/workingpapers/documents
/MenellP-MeurerM121611.pdf.
[27]. See Joshua O. Mausner, Copyright Orphan Works: A Multi-Pronged Solution to Solve a Harmful Market Inefficiency, 12 J. Tech. L. & Pol’y 395, 398 (2007).
[28]. See id.
[29]. See Berne Convention, supra note 4, art. 5(2).
[30]. See William M. Landes & Richard A. Posner, Indefinitely Renewable Copyright, 70 U. Chi. L. Rev. 471, 477 (2003) (“Equally immense tracing costs would be required to determine the ownership of a parcel of land if titles to land were not recorded in a public registry. It is not perpetual property rights but the absence of registration that creates prohibitive tracing costs.”).
[31]. See Mausner, supra note 27, at 412.
[32]. See Letter from Denise Troll Covey, Principal Librarian for Special Projects, Carnegie Mellon Univ., to Jule L. Sigall, Assoc. Register for Policy & Int’l Affairs, U.S. Copyright Office (Mar. 22, 2005) (on file with Carnegie Mellon Univ. Libraries), available at http://www.copyright.gov/orphan/comments
/OW0537-CarnegieMellon.pdf.
[35]. See Letter from Sarah E. Thomas, Carl A. Kroch Univ. Librarian, Cornell Univ. Library, to Jule L. Sigall, Assoc. Register for Policy & Int’l Affairs, U.S. Copyright Office (Mar. 23, 2005), available at http://www.copyright.gov/orphan/comments/OW0569-Thomas.pdf.
[36]. See Librarian of Congress, Report on Film Preservation 1993: A Study of the Current State of American Film Preservation 5 (1993).
[37]. See JISC, In From the Cold: An Assessment of the Scope of “Orphan Works” and Its Impact on the Delivery of Services to the Public 18 (2009), available athttp://www.jisc.ac.uk/publications/reports/2009/infromthecold.aspx; see also Katharina de la Durantaye, Finding a Home for Orphans: Google Book Search and Orphan Works Law in the United States and Europe, 21 Fordham Intell. Prop. Media & Ent. L.J. 229, 236–37 (2011) (discussing the results of various studies).
[38]. See Gowers Review of Intellectual Property 69 (2006), available at www.official-documents.gov.uk/document/other/0118404830/0118404830.pdf [hereinafter Gowers Review]; The British Library Manifesto, Intellectual Property: A Balance 3 (2006), available at http://www.cpic.ru/news/IP
_Manifesto_final.pdf.
[39]. Register of Copyrights, Report on Orphan Works 95 (2006) [hereinafter Orphan Works Report], available at http://www.copyright.gov
/orphan/orphan-report.pdf.
[40]. See id. at 96.
[41]. See Orphan Works Act of 2008, H.R. 5889, 110th Cong. (2008); Shawn Bentley Orphan Works Act of 2008, S. 2913, 110th Cong. (2008); see also The “Orphan Works” Problem and Proposed Legislation: Hearings Before the Subcomm. on Courts, the Internet, and Intellectual Property of the H. Committee of the Judiciary, 110th Cong. 131 (2008).
[42]. See Betsy McKenzie, Orphan Works, Out of the Jungle (Apr. 18, 2011, 9:40 AM), http://outofthejungle.blogspot.com/2011/04/orphan-works.html.
[43]. See Statement of Interest of the United States of America Regarding Proposed Class Action Settlement, Authors Guild, Inc. v. Google Inc., No. 05 CV 8136-DC (S.D.N.Y. Nov. 19, 2009), at 3 (“In particular, the rediscovery of currently unused or inaccessible works and the digitization of those works in formats that are accessible to persons with disabilities are important public policy goals. The United States believes that, although the actions of private entities and Congress (if necessary), steps should be taken to advance these objectives.”), available at http://www.justice.gov/atr/cases/f250100/250180.pdf.
[44]. See Samuelson, supra note 2, at 554–55.
[45]. See Ian Hargreaves, Digital Opportunity: A Review of Intellectual Property 3 (2011) [hereinafter Hargreaves Review] available athttp://www.ipo.gov.uk/ipreview-finalreport.pdf; Pamela Samuelson & Members of the CPP, The Copyright Principles Project: Directions for Reform 2–3, 18–19 (2010) [hereinafter Copyright Principles Project], available at http://www.law.berkeley.edu/files/bclt_CPP.pdf.
[46]. See, e.g., MAI Sys. Corp. v. Peak Computer, Inc., 991 F.2d 511, 518 (9th Cir. 1993).
[47]. See John S. Sieman, Comment, Using the Implied License to Inject Common Sense Into Digital Copyright, 85 N.C. L. Rev. 885, 891 (2007).
[48]. See Hannibal Travis, Opting Out of the Internet in the United States and the European Union: Copyright, Safe Harbors, and International Law, 84 Notre Dame L. Rev. 331, 362–63 (2008).
[49]. See Sieman, supra note 47, at 889–91.
[50]. See 17 U.S.C. § 106 (2006). In 1998, Congress created the DMCA safe harbors for ISPs for certain activities of providing Internet access, caching, storage, and location tools. See id. § 512.
[51]. See Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121, 139 (2d Cir. 2008); CoStar Grp., Inc. v. LoopNet, Inc., 373 F.3d 544, 546 (4th Cir. 2004); MAI Sys., 991 F.2d at 522–23 (RAM copies infringing); see also Edward Lee, Technological Fair Use, 83 S. Cal. L. Rev. 797, 801–02 (2010).
[52]. See Hargreaves Review, supra note 45, at 3 (“Digital communications technology involves routine copying of text, images and data, meaning that copyright law has started to act as a regulatory barrier to the creation of certain kinds of new, internet based businesses.”).
[53]. David Nimmer, Codifying Copyright Comprehensibly, 51 UCLA L. Rev. 1233, 1336 (2004).
[54]. 17 U.S.C. §§ 106(6), 114(d) (2006).
[55]. See Ralph Oman, Going Back to First Principles: The Exclusive Rights of Authors Reborn, 8 J. High Tech. L. 169, 173 (2008).
[57]. See Wendy Seltzer, Free Speech Unmoored in Copyright’s Safe Harbor: Chilling Effects of the DMCA on the First Amendment, 24 Harv. J.L. & Tech. 171, 176 (2010) (criticizing DMCA safe harbor process as chilling speech and raising First Amendment concerns); Jennifer M. Urban & Laura Quilter, Efficient Process or “Chilling Effects”? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act, 22 Santa Clara Computer & High Tech. L.J. 621, 684 (2006) (discussing a study showing copyright holders file questionable takedown notices in 22.5% of DMCA notices surveyed).
[58]. See Edward Lee, Decoding the DMCA Safe Harbors, 32 Colum. J.L. & Arts 233, 252–55, 259–60 (2009). Several countries have adopted similar approaches to ISP safe harbors requiring a notice-and-takedown process. See Broder Kleinschmidt, An International Comparison of ISP’s Liabilities for Unlawful Third Party Content, 18 Int’l J.L. & Info. Tech. 332, 337–53 (2010) (discussing approaches in the United States, European Union, Canada, Australia, and New Zealand).
[59]. See Brandon Brown, Fortifying the Safe Harbors: Reevaluating the DMCA in a Web 2.0 World, 23 Berkeley Tech. L.J. 437, 437 (2008).
[60]. Viacom Int’l Inc. v. YouTube, Inc., 718 F. Supp. 2d 514, 516, 518–19, 526–27 (S.D.N.Y. 2010); see also Lee, supra note 58, at 258–59.
[62]. See generally Joseph P. Liu, Regulatory Copyright, 83 N.C. L. Rev. 87, 102–05 (2004) (discussing regulatory copyright and its affect on industries); Timothy Wu, Copyright’s Communications Policy, 103 Mich. L. Rev. 278, 279 (2004) (“[T]he main challenges for twenty first century copyright are not challenges of authorship policy, but rather new and harder problems for copyright’s communications policy: copyright’s poorly understood role in regulating competition among rival disseminators.”).
[63]. See, e.g., The Structure of Intellectual Property Law: Can One Size Fit All? (Annette Kur & Vytautas Mizaras eds., 2011) (collecting fourteen articles on intellectual property law); Michael W. Carroll, One Size Does Not Fit All: A Framework for Tailoring Intellectual Property Rights, 70 Ohio St. L.J. 1361, 1389–90 (2009).
[64]. See Gowers Review, supra note 38, at 69.
[65]. See Bruce Abramson, Promoting Innovation in the Software Industry: A First Principles Approach to Intellectual Property Reform, 8 B.U. J. Sci. & Tech. L. 75, 135 (2002).
[66]. See Jessica Litman, The Politics of Intellectual Property, 27 Cardozo Arts & Ent. L.J. 313, 317 (2009); Copyright Principles Project, supra note 45, at 4.
[67]. See Jessica Litman, War Stories, 20 Cardozo Arts & Ent. L.J. 337, 337 (2002); Copyright Principles Project, supra note 45, at 20.
[68]. See Litman, supra note 67.
[69]. See Laura N. Gasaway, Impasse: Distance Learning and Copyright, 62 Ohio St. L.J. 783, 810–14 (2001); Litman, supra note 66, at 315.
[70]. See William Patry, Moral Panics and the Copyright Wars 11–14 (2009); Litman, supra note 66, at 315.
[71]. See Litman, supra note 66, at 314.
[72]. See Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 743 (1989) (stating that the 1976 Copyright Act, “which almost completely revised existing copyright law, was the product of two decades of negotiation by representatives of creators and copyright-using industries, supervised by the Copyright Office and, to a lesser extent, by Congress”).
[74]. Marybeth Peters, Statement at Annual Meeting, Copyright Society of the USA, Panel on “To Reform or Not to Reform: That Is the Question” (June 10, 2011).
[75]. See Rochelle Cooper Dreyfuss & Roberta Rosenthal Kwall, Intellectual Property 218–20 (Robert C. Clark et al. eds., 2d ed. 2004).
[76]. TRIPS Agreement, supra note 4, art. 9. The key practical difference between the two is that TRIPS is subject to enforcement proceedings under the WTO’s Dispute Settlement Body, whereas the Berne Convention has no comparable enforcement body. See Overview: The TRIPS Agreement, World Trade Org., http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm (last visited Feb. 10, 2012).
[77]. See Berne Convention, supra note 4, art. 5(3) (“Protection in the country of origin is governed by domestic law.”).
[78]. See Chow & Lee, supra note 8, at 95–96.
[79]. See, e.g., Christopher Sprigman, Reform(aliz)ing Copyright, 57 Stan. L. Rev. 485, 552, 555 (2004).
[80]. Berne Convention, supra note 4, art. 5(2).
[81]. Sprigman, supra note 79, at 555.
[82]. See TRIPS Agreement, supra note 4, art. 13.
[83]. See Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity 287–93 (2004).
[85]. Id. art. 7(8).
[86]. See Eldred v. Ashcroft, 537 U.S. 186, 205–06 (2003).
[87]. See Stanley S. Surrey, Tax Incentives as a Device for Implementing Government Policy: A Comparison with Direct Government Expenditures, 83 Harv. L. Rev. 705, 707 (1970).
[88]. See, e.g., I.R.C. §§ 21-26 (2006) (various personal credits); id. §§ 27, 30-30D (other credits); id. §§ 31-36A (refundable credits); id. §§ 38-45Q (business related credits); id. § 54 (credit to holders of clean renewable energy bonds); id. § 54A-54F (qualified tax credit bonds); id. § 54AA (credit for Build America bonds).
[89]. Surrey, supra note 87, at 706; see also id. at 713.
[90]. I.R.C. § 25A, 222 (2006); see also Bradley R. Palmer, Uncle Sam, Tuition Costs, and the Changing Economy: Tax Incentives for Education Expenses and How to Improve Them, 38 J.L. & Educ. 345, 345 (2009).
[91]. I.R.C. § 41 (2006); see also Evan Wamsley, Note, The Definition of Qualified Research Under the Section 41 Research and Development Tax Credit: Its Impact on the Credit’s Effectiveness, 87 Va. L. Rev. 165, 166 (2001).
[92]. See A. C. Pigou, The Economics of Welfare 192 (4th ed. 1932); W. Kip Viscusi, The Governmental Composition of the Insurance Costs of Smoking, 42 J.L. & Econ. 575, 581–83 (1999).
[93]. See Surrey, supra note 87, at 706.
[94]. See Jeff Strnad, Conceptualizing the “Fat Tax”: The Role of Food Taxes in Developed Economies, 78 S. Cal. L. Rev. 1221, 1224–25 (2005).
[95]. See Richard P. Manczak & Jeffrey D. Moss, “Green” Tax Incentives, 90 Mich. B. J. 27, 28–29 (2011); see, e.g., I.R.C. §§ 45, 48, 136, 168 (2006).
[96]. See Patient Protection and Affordable Care Act, § 1501(b), 124 Stat. 244 (codified at 26 U.S.C. § 5000A), amended by Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010); Florida v. U.S. Dep’t of Health & Human Servs., 648 F.3d 1235, 1255–60 (11th Cir. 2011) (explaining the individual mandate in the Tax Code).
[97]. See Helvering v. Hammel, 311 U.S. 504, 509 (1941) (citing H.R. Rep. No. 67-350, at 8 (1921)) (justifying preferential rate for capital gains “as the means of encouraging profit-taking sales of capital investments”); Noël B. Cunningham & Deborah H. Schenk, The Case for a Capital Gains Preference, 48 Tax L. Rev. 319, 340–41 (1993).
[98]. John G. Steinkamp, A Case for Federal Transfer Taxation, 55 Ark. L. Rev. 1, 32 (2002). See generally Cunningham & Schenk, supra note 97 (discussing the arguments in favor of and opposing a lower tax rate for capital gains versus ordinary income).
[99]. See The Homebuyer Assistance Improvement Act of 2010, Pub. L. No. 111-198.
[100]. See Surrey, supra note 87, at 731–32.
[101]. For more on Surrey’s view, see Stanley S. Surrey, Pathways to Tax Reform: The Concept of Tax Expenditures 30–31 (1973).
[102]. I.R.C. § 61 (2006) (including royalties with gross income).
[103]. See id. § 1221(a)(3) (stating that capital asset does not include “a copyright, a literary, musical, or artistic composition”).
[104]. Jobs and Growth Tax Relief Reconciliation Act of 2003, Pub. L. No. 108-27, tit. III, sec. 301, § 301(a)(2), 117 Stat. 752, 758 (2002).
[105]. See I.R.C. § 1221(b)(3) (2006) (“At the election of the taxpayer, paragraphs (1) and (3) of subsection (a) shall not apply to musical compositions or copyrights in musical works sold or exchanged by a taxpayer described in subsection (a)(3).”); Spencer Anastasio, Copyright Tax in the New Millennium, Ent. & Sports Law., Fall 2007, at 1, 24–25 (2007) (discussing the capital gains rate tax exception for sold musical compositions or copyrights in musical works).
[106]. See Capital Gains Tax Equity Act Becomes Law, Nashville Songwriters Assoc. Int’l (May 11, 2006), http://legislative.nashvillesongwriters.com/news.php?viewStory=49.
[107]. See Tax Cut Package Contains Breaks for Songwriters, Broadcast Music, Inc., (May 11, 2006), http://www.bmi.com/news/entry/334803.
[108]. See Capital Gains Tax Equity Act Becomes Law, supra note 106.
[109]. Xuan-Thao Nguyen & Jeffrey A. Maine, Equity and Efficiency in Intellectual Property Taxation, 76 Brook. L. Rev. 1, 25 (2010).
[110]. I.R.C. § 1235 (2006); Nguyen & Maine, supra note 109, at 14.
[111]. See 17 U.S.C. § 301 (2006) (describing preemption of state law).
[112]. See Joshua R. Schonauer, Star Billing? Recasting State Tax Incentives for the “Hollywood” Machine, 71 Ohio St. L.J. 381, 386 & n.29 (2010) (discussing the benefits of low-cost destinations for film shoots); Producers Guild of America, http://www.filmusa.org (displaying a chart of states with tax incentives for movies) (last visited Feb. 10, 2012).
[113]. Schonauer, supra note 112, at 387–91.
[114]. See, e.g., Alan Wirzbicki, Is the Massachusetts Film Tax Credit Worth the Cost?, Boston Globe (Jan. 14, 2011, 5:11 PM) http://www.boston.com
/bostonglobe/editorial_opinion/blogs/the_angle/2011/01/film_tax_credit.html.
[115]. See, e.g., Michael Cieply, Jitters Are Setting In for States Giving Big Incentives to Lure Film Producers, N.Y. Times, Oct. 12, 2008, at A26.
[116]. See id. (discussing films made in Louisiana, Rhode Island, New Mexico, Michigan).
[117]. Schonauer, supra note 112, at 398–99; Cieply, supra note 115, at A26.
[118]. Although another WTO agreement does limit countries from using taxes that constitute “export subsidies,” the limitation is narrowly defined to subsidies that are “contingent . . . upon export performance.” Appellate Body Report, United States—Tax Treatment for Foreign Sales Corporations, ¶ 3 WT/DS108/AB/RW (Jan. 14, 2002); Agreement on Subsidies and Countervailing Measures (“SCM Agreement”), World Trade Org., http://www.wto.org/english
/tratop_e/scm_e/subs_e.htm (last visited Feb. 10, 2012). None of the tax incentives for copyright law contemplated by this Article would fall within this definition of export subsidy. Moreover, the General Agreement on Tariffs and Trade (“GATT”) does prohibit some tax measures that discriminate against foreign goods (a violation of national treatment). See General Agreement on Tariffs and Trade art. III, Oct. 30, 1947, 61 Stat. A3, 55 U.N.T.S. 188 [hereinafter GATT]; Alan C. Swan, NAFTA Chapter 11—”Direct Effect” and Interpretive Method: Lessons from Methanex v. United States, 64 U. Miami L. Rev. 21, 63–64 (2009). The taxes proposed herein do not discriminate against foreigners.
[119]. See Berne Convention, supra note 4, art. 5 (“Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.”) (emphasis added).
[120]. See 17 U.S.C. § 411 (2006) (requiring registration for “United States work”); id. § 101 (defining “United States work”).
[121]. See Berne Convention, supra note 4, art 5(1).
[122]. Id. art. 7(1); see, e.g., Sprigman, supra note 79, at 554 (discussing the proposed Public Domain Enhancement Act, H.R. 2601, 108th Cong. (2003)).
[123]. See Berne Convention, supra note 4, art. 5(4)(a) (stating that a work’s country of origin is the country in which the work was first published).
[124]. See Carroll, supra note 63, at 1389 (emphasis omitted).
[125]. 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright §§ 2.04[C][2], 2.04[C][5] (Matthew Bender, rev. ed. 2011).
[126]. See id. § 5.01[A] (stating that copyright vests in the author at the time of creation without qualification).
[127]. See, e.g., 17 U.S.C. §§ 111, 113–114, 118–120, 122 (2006).
[128]. U.S. Copyright Office, General Guide to the Copyright Act of 1976, at 1:1–1:3 (Sept. 1977), available at http://www.copyright.gov/reports/guide-to
-copyright.pdf.
[129]. See, e.g., Cong. Budget Office, Copyright Issues in Digital Media, at viii (Aug. 2004), available at http://www.cbo.gov/ftpdocs/57xx/doc5738/08-09
-Copyright.pdf (“Because of the growing number and diversity of interests with a stake in the digital copyright debate, many observers believe that the Congress may need to legislate a balance in copyright law between private incentives and societal gains.”).
[130]. Private registries could be also used if the Copyright Act is revised to include third-party registrations as some commentators have proposed. See Copyright Principles Project, supra note 45, at 24.
[131]. See Orphan Works Report, supra note 39, at 3.
[132]. See 1909 Act § 23, supra note 16 (requiring renewal registration in the twenty-eighth year of copyright).
[134]. See id.
[135]. Register of Copyrights Marybeth Peters, The Importance of Orphan Works Legislation, U.S. Copyright Office (Sept. 25, 2008), http://www.copyright.gov/orphan/.
[136]. The tax incentives would probably affect a much greater number of works because many more works are commercially exploited than are ever involved in a lawsuit (which requires registration as a precondition). See Lee, supra note 21, at 1542–43.
[137]. Cf. 1 Sam Ricketson & Jane C. Ginsburg, International Copyright and Neighboring Rights: The Berne Convention and Beyond §§ 6.107-6.108, at 328–29 (2d ed. 2005) (noting that countries may use “carrots” to encourage registration because Berne “merely bars making compliance [with registration] mandatory for non-domestic works”).
[138]. See I.R.C. § 1(h) (2006).
[139]. It goes beyond the scope of this Article to justify or debate the merits of the copyright reforms discussed. For the purposes of this Article, the merits of a particular copyright reform are not essential to understanding the method of using the Tax Code to further copyright objectives.
[140]. See Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 349 (1991) (“The primary objective of copyright is not to reward the labor of authors, but ‘[t]o promote the Progress of Science and useful Arts.’”).
[141]. An extensive debate over the (de)merits of lengthy copyright terms followed the Supreme Court’s upholding of the constitutionality of the Sonny Bono Copyright Term Extension Act of 1998, which extended the terms of copyrights by twenty more years. See Eldred v. Ashcroft, 537 U.S. 186, 222 (2003); see alsoGowers Review, supra note 38, at 52 (discussing the estimated economic effects of Eldred on the music industry); Marshall Leaffer, Life After Eldred: The Supreme Court and the Future of Copyright, 30 Wm. Mitchell L. Rev. 1597, 1599–1606 (2004) (discussing the Eldred decision and its consequences for Article I, Congress, and the First Amendment).
[142]. See Nat’l Comics Publ’ns v. Fawcett Publ’ns, 191 F.2d 594, 597–98 (2d Cir. 1951).
[143]. See generally Catherine L. Fisk, Authors at Work: The Origins of the Work-for-Hire Doctrine, 15 Yale J.L. & Human. 1 (2003) (describing the evolution of Congress’s treatment of corporate authorship under the “works made for hire” exception to the Copyright Act); see also Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 737 (1989) (discussing the “works made for hire” doctrine).
[144]. For simplicity, I have rounded all percentages in the tax rates to the nearest whole number.
[145]. Alternatively, if Congress wanted to create a more limited tax benefit, it could limit the preferential copyright gains tax rate to one year or a few years.
[146]. Berne Convention, supra note 4, art. 7(1).
[147]. Id. art. 7(8).
[150]. Lisa M. Brownlee, Recent Changes in the Duration of Copyright in the United States and European Union: Procedure and Policy, 6 Fordham Intell. Prop. Media & Ent. L.J. 579, 614–15 (1996).
[151]. Michael Landau, Fitting United States Copyright Law into the International Scheme: Foreign and Domestic Challenges to Recent Legislation, 23 Ga. St. U. L. Rev. 847, 858–59 (2007).
[152]. Berne Convention, supra note 4, art. 7(8) (emphasis added).
[153]. See The Blair Witch Project, Box Office Mojo, http://www.boxofficemojo.com/movies/?id=blairwitchproject.htm (last updated Oct. 27, 2011) (stating total domestic gross of $140,539,099).
[154]. See John Young, “The Blair Witch Project” 10 Years Later, Ent. Wkly., (July 9, 2009, 8:29 PM), http://popwatch.ew.com/2009/07/09/blair-witch/.
[155]. For more on the questionable accounting methods used by Hollywood studios, see Bill Daniels et al., Movie Money: Understanding Hollywood’s (Creative) Accounting Practices 10 (1998); Roman M. Silberfeld & Bernice Conn, The Red and the Black, L.A. Law., May 2011, at 36.
[156]. In 1999, the top corporate tax rate in the United States was forty percent. See Chris Edwards, The U.S. Corporate Tax Rate and the Global Economy, Tax and Budget Bulletin, No. 18, Sept. 2003, at 2, available at http://www.cato.org/pubs/tbb/tbb-0309-18.pdf. So, if I used forty percent instead of thirty-five percent, the amount of taxes would be even higher.
[157]. See I.R.C. § 167(g) (2006).
[158]. I assumed the movie made only $5 million in profit in the nine years following its release.
[159]. For more on how the derivative works right can retard follow-on creations, see Christina Bohannan, Taming the Derivative Works Right: A Modest Proposal for Reducing Overbreadth and Vagueness in Copyright, 12 Vand. J. Ent. & Tech. L. 669, 677–81 (2010); Glynn S. Lunney, Jr., Copyright, Derivative Works, and the Economics of Complements, 12 Vand. J. Ent. & Tech. L. 779, 782 (2010); Jed Rubenfeld, The Freedom of Imagination: Copyright’s Constitutionality, 112 Yale L.J. 1, 53 (2002).
[160]. See Michael W. Carroll, Creative Commons and the New Intermediaries, 2006 Mich. St. L. Rev. 45, 47–48 (2006).
[161]. See About the Licenses, Creative Commons, http://creativecommons.org
/licenses/ (last visited Jan. 17, 2012) .
[162]. See Berne Convention, supra note 4, arts. 12, 14.
[163]. See Lee, supra note 21, at 1530–31.
[164]. Id. at 1508–09.
[165]. See generally Brian H. Jenn, The Case for Tax Credits, 61 Tax Law. 549 (2008) (describing the benefit of tax credits over deductions and exclusions).
[166]. See, e.g., Jeffrey D. Moss, Solar Panels, Tax Incentives, and Your House, Prob. & Prop., Jan.–Feb. 2010, at 17, 18 (2010).
[167]. I.R.C. § 24 (2006).
[168]. Janet E. Milne, Environmental Taxation in the United States: The Long View, 15 Lewis & Clark L. Rev. 417, 443 n.131 (2011).
[169]. See, e.g., Moss, supra note 166, at 20 (discussing carryover for North Carolina renewable energy tax credit).
[170]. College tuition has risen, on average, over 136% during the past twenty years. See Laura Meckler & Stephanie Banchero, U.S. News: Obama Plans to Curb Tuition, Wall St. J., Jan. 28, 2012, at A3.
[171]. See I.R.C. § 170 (2006) (allowing tax deductions for contributions to charitable institutions).
[172]. See Natsuko Hayashi Nicholls, Scholarly Publ’g Office, Univ. of Mich. Library, The Investigation into the Rising Costs of Textbooks 4–5 (2009), available at http://hdl.handle.net/2027.42/78553; see also id. at 5 (“[B]etween December of 1986 and December of 2004, textbook prices have increased at twice the rate of inflation, increasing by 186 percent, whereas tuition and fees increased by 240 percent and overall price inflation grew by 72 percent. While increases in textbook prices have followed close behind tuition increases, the estimated cost of textbooks and supplies for the average four-year undergraduate student was $898 for the academic year 2003–2004, or about 26 percent of the cost of tuition and fees at four-year public institutions.”) (citation omitted).
[173]. See Peter Coy, Why the Debt Crisis Is Even Worse Than You Think, Businessweek, (July 27, 2011, 11:05 PM), http://www.businessweek.com
/magazine/why-the-debt-crisis-is-even-worse-than-you-think-07272011.html.
[174]. See The Fallacy of Using Tax Cuts to Fix Recession, NPR (Feb. 16, 2009), available at http://www.npr.org/templates/story/story.php?storyId
=100746977 (interview with David Cay Johnston).
[175]. See Heidi Przybyla & John McCormick, Poll: Americans Don’t Know Economy Expanded with Tax Cuts, Bloomberg, (Oct. 29, 2010, 11:19 AM), http://www.bloomberg.com/news/2010‑10‑29/poll‑shows‑americans‑don‑t‑know‑economy-expanded-with-tax-cuts.html (“The Obama administration has cut taxes—largely for the middle class—by $240 billion since taking office . . . .”).
[176]. See Opinion, An Inferior Tax Cut: A Temporary Payroll Break Won’t Help Growth or Hiring, Wall St. J., Aug. 20, 2011, at A12 (discussing Democrat payroll tax cut plan and Republican plan for tax cuts for individuals and businesses).
[177]. See Int’l Intellectual Prop. Alliance (IIPA), Copyright Industries in the U.S. Economy: The 2003–2007 Report 5–7 (2009), available athttp://www.iipa.com/pdf/IIPASiwekReport2003-07.pdf.
[178]. Brief for Peter Decherney as Amicus Curiae Supporting Petitioners, Golan v. Holder, 131 S. Ct. 1600 (2011) (No. 10-544), 2011 WL 2470832 app. A.
[179]. See Jane C. Ginsburg, The Author’s Place in the Future of Copyright, 45 Willamette L. Rev. 381, 387–94 (2009) (arguing that the copyright system should be designed in part to facilitate professional authors).
[180]. See generally Chris Anderson, The Long Tail: Why the Future of Business is Selling Less of More (2006).
[181]. The fee in 2011 is $50 for paper registration and $35 for electronic registration. Registering a Work (FAQ), U.S. Copyright Office (last modified Mar. 22, 2010), http://www.copyright.gov/help/faq/faq-register.html.
[182]. See Staff of S. Comm. on the Budget, 110th Cong., Tax Expenditures 390–91 (Comm. Print 2008).
[183]. See Nonna A. Nato, Cong. Research Serv., R41480, Raising the Tax Rates on High-Income Taxpayers: Pros and Cons 17 (2010).
[184]. The Blair Witch Project is a rare example of a mega-blockbuster movie that cost very little to produce so the amount of potential tax savings for the movie may be larger than what would be typical in the “long tail” of creative productions. See generally Anderson, supra note 180 (discussing how many, smaller-income-generating works may produce substantial income in aggregate). As an example of a potentially large tax savings, it provides a good measuring stick to test the desirability of the copyright gains tax.
[185]. See Emma Clark, How Films Make Money, (Nov. 12, 2001), BBC News, http://news.bbc.co.uk/2/hi/business/1646640.stm.
[186]. See Allison Linn, Retailers Hope Harry Potter Proves Magical, MSNBC (July 16, 2007), http://www.msnbc.msn.com/id/19745297/ns/business
-us_business/t/retailers-hope-harry-potter-proves-magical/.
[187]. See Ethan Smith, Michelle Kung & Robert A. Guth, Potter Studio Tries to Keep Profits from Going Poof!, Wall St. J., July 15, 2011, at A1.
[188]. See Michael S. Kirsch, The Congressional Response to Corporate Expatriations: The Tension Between Symbols and Substance in the Taxation of Multinational Corporations, 24 Va. Tax Rev. 475, 505–07, 545 (2005); I.R.C. § 7874 (2006); see also id. §§ 951-65, 1291-98 (provisions governing tax treatment of controlled foreign corporations and passive foreign investment companies).
[189]. ASA Investerings P’ship v. Comm’r, 201 F.3d 505, 513 (D.C. Cir. 2000).
[190]. Nguyen & Maine, supra note 109, at 14.
[191]. See Orphan Works Report, supra note 39, at 15.
[192]. See, e.g., Prioritizing Resources and Organization for Intellectual Property Act of 2008, Pub. L. No. 110-403, 122 Stat. 4256.
[193]. See Marc H. Greenberg, Reason or Madness: A Defense of Copyright’s Growing Pains, 7 J. Marshall Rev. Intell. Prop. L. 1, 27 n.137 (2007).
[194]. See Lee, supra note 21, at 1539 (“This inherent uncertainty makes the Copyright Act even worse than the Tax Code, which, despite its complexity, provides millions of taxpayers at least with enough certainty for them to figure out how much taxes to pay each year—even providing the public with the option of electing the simpler, standard deduction.”); Michael J. Madison, Rewriting Fair Use and the Future of Copyright Reform, 23 Cardozo Arts & Ent. L.J. 391, 396 (2005) (“[T]he complexity of the copyright statute already compares unfavorably to the tax code . . . .”); see also U.S. Dep’t of the Treasury, Update on Reducing the Federal Tax Gap and Improving Voluntary Compliance 25 (2009); Tax Code Complexity: New Hope for Fresh Solutions: Hearing Before the S. Comm. on Fin., 107th Cong. 39–40 (2001) (statement of Richard M. Lipton, Chair, Section on Taxation, American Bar Association).
[195]. See Statistics: Individual Tax, IRS Tax Stats (Apr. 18, 2011), http://www.irs.gov/newsroom/article/0,,id=238634,00.html.
[196]. In addition, the IRS and Copyright Office can coordinate their electronic databases to match up a tax filing to a registered copyrighted work.
[197]. See Significant Achievements, Trilateral, http://www.trilateral.net
/about/achievements.html (last visited Feb. 10, 2012).
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Tournament Performance by Conference
Regionals Predictions
Super Regionals Predictions
College World Series Predictions
Strength of
ELO Ranking
Predict Winners
Oral Roberts Golden Eagles (29-26)
The Summit League (17-12)
Live RPI
Up 0 since
SUN, JUN 26th
Team Sheet
Predicted RPI
Oral-Roberts 197
2019 Oral Roberts Golden Eagles Schedule
Streaks include games against all opponents.
Last 10 / Streaks
(0.4761)
Non-Conference
Schedule (SOS)
(23-30) RPI: 198
J. L. Johnson Stadium
Box Score | Recap
W 6 - 5
Murray State 0 4 0 1 0 0 0 0 0 5 9 1
Oral Roberts 0 0 0 2 2 2 0 0 X 6 9 0
Location: J. L. Johnson Stadium
Stadium: Tulsa, OK
Opponent RPI: 198
W 11 - 3
Oral Roberts 0 3 1 2 0 0 5 0 X 11 13 1
Kleberg Bank College Classic
Texas A&M-Corpus Christi
Whataburger Field
L 1 - 5
Oral Roberts 0 0 0 0 0 0 0 0 1 1 1 2
Texas A&M-Corpus Christi 0 0 2 1 0 0 2 0 0 5 9 0
Location: Whataburger Field
Stadium: Corpus Christi, TX
(36-17) RPI: 47
BYU 0 1 2 0 0 1 4 0 0 8 10 0
Opponent RPI: 47
Ohio State 1 1 0 5 0 0 1 0 0 8 10 2
(40-21) RPI: 7
Allie P. Reynolds Stadium
Oral Roberts 0
Oklahoma State 0
Location: Allie P. Reynolds Stadium
Stadium: Stillwater, OK
Opponent RPI: 7
Purdue 0 0 0 0 0 0 1 0 0 1 6 0
Purdue 0
Missouri State 0
Location: Hammons Field
Stadium: Springfield, MO
L 8 - 13
Dallas Baptist 0 1 3 0 3 1 4 0 1 13 16 0
Oral Roberts 2 0 0 0 3 0 1 2 0 8 12 2
Dallas Baptist 0 0 0 0 0 0 0 5 1 6 10 0
Eck Stadium
Wichita State 0 0 4 0 4 0 0 0 X 8 11 1
Location: Eck Stadium
Stadium: Wichita, KS
Missouri State 2 8 0 0 0 0 0 1 0 11 8 0
Purdue Fort Wayne
(6-45) RPI: 298
(8 Innings)
Purdue Fort Wayne 0 3 0 0 0 0 0 0 X 3 8 2
Purdue Fort Wayne 1 0 0 0 0 0 3 X X 4 8 5
Oral Roberts 4 4 8 0 4 0 X X X 20 17 0
Purdue Fort Wayne 2 0 1 0 0 1 0 1 0 5 11 2
Bear Stadium
Central Arkansas 3 3 0 2 0 1 0 0 0 9 10 1
Location: Bear Stadium
Stadium: Conway, AR
South Dakota State 0 0 0 0 0 0 0 0 0 0 6 0
South Dakota State 0 3 0 0 1 3 1 0 1 9 14 1
(10 Innings)
Little Rock 1 0 1 0 1 0 0 0 0 0 3 4 0
Oral Roberts 0 1 0 0 0 2 0 0 0 1 4 7 1
North Dakota State 0 3 0 0 0 0 0 0 0 3 7 1
Oral Roberts 1 3 1 1 0 0 1 2 X 9 13 0
North Dakota State 0 1 0 1 0 0 0 0 0 1 3 7 0
L. Dale Mitchell Baseball Park
Norman, OK
Oral Roberts 0 1 0 0 0 0 0 1 0 0 2 4 8 0
Oklahoma 1 0 1 0 0 0 0 0 0 0 0 2 5 1
Location: L. Dale Mitchell Baseball Park
Stadium: Norman, OK
Alfred D. Boyer Stadium
Western Illinois 2 0 2 1 0 0 0 3 X 8 12 0
Location: Alfred D. Boyer Stadium
Stadium: Macomb, IL
Western Illinois 0 0 5 1 0 0 1 0 0 7 10 0
Western Illinois 5 1 3 0 0 0 2 0 0 11 12 1
Baum Stadium
Arkansas 0 0 1 4 4 0 2 4 X 15 14 3
Location: Baum Stadium
Stadium: Fayetteville, AR
(31-24-1) RPI: 195
Omaha 0 0 0 0 3 2 1 1 0 7 8 0
Omaha 0 0 0 0 0 0 0 4 0 4 11 0
Oklahoma 0 0 0 0 2 0 0 0 0 2 9 0
North Dakota State 0 0 0 3 0 0 1 2 1 7 14 2
Location: Newman Outdoor Field
Stadium: Fargo, ND
Oral Roberts 0 1 0 0 0 1 0 1 8 11 12 3
Mastodon Field
Oral Roberts 9 2 5 0 9 0 0 25 19 0
Purdue Fort Wayne 0 0 2 0 0 0 0 2 3 3
Location: Mastodon Field
Stadium: Fort Wayne, IN
Western Illinois 1 0 2 1 0 0 0 0 0 2 6 13 2
Oral Roberts 0 0 1 1 0 0 2 0 0 0 4 12 0
Western Illinois 0 1 0 0 0 0 0 X X 1 3 0
Gary Hogan Field
Location: Gary Hogan Field
Stadium: Little Rock, AR
Erv Huether Field
South Dakota State 0 0 1 0 0 0 4 0 X 5 9 1
Location: Erv Huether Field
Stadium: Brookings, SD
Oral Roberts 2 3 0 0 0 X X X X 5 8 0
South Dakota State 0 0 1 1 1 X X X X 3 6 3
South Dakota State 0
Wichita State 0 2 0 0 0 2 0 0 0 4 9 0
J. J. Isaacson Field at Seymour Smith Park
Oral Roberts 0 0 0 1 1 0 1 X X 3 6 1
Omaha 1 2 0 1 7 1 1 X X 13 12 0
Location: J. J. Isaacson Field at Seymour Smith Park
Stadium: Omaha, NE
The Summit League Tournament - Game 2
J.L. Johnson Stadium
Location: J.L. Johnson Stadium
The Summit League Tournament - Championship Game 1
Omaha 0 2 0 0 0 2 0 0 X 4 8 0
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#BookTour: Death's Legacy by @denniskcrosby #Giveaway @RABTBookTours @PublishingAcorn
Date Published: November 17
Publisher: Acorn Publishing
Twenty years ago, Reaper of Souls Kassidy Simmons battled Azra-El, the Angel of Death and won—or so she thought.
Now, a number of strange and unexplained deaths are afflicting Kassidy’s quiet New York town. She wishes she didn’t care. But she does.
Her empathic abilities are expanding beyond her control, and the intense emotions are tearing apart her relationships. They’re also degrading the magical wards put in place to protect her from other Reapers and the even deadlier Wraiths—onyx-eyed henchmen of Azra-El.
Allied with her longtime mentor and a college professor with ties to her past, Kassidy learns that the untimely deaths are regenerating Azra-El, and that the only way to stop him is with the Scythe of Cronus, the legendary weapon of the God of Death.
To save her loved ones and reset the natural order, Kassidy must journey home and confront a past she’s been running from for two decades. She’ll face-off with enemies, old and new, and through a haze of fear and addiction, Kassidy will learn the secrets of her heritage, and challenge head on the one being she fears most—herself.
Dennis Crosby grew up in Oak Park, IL and completed his undergraduate work at the University of Illinois in Chicago. With a degree in Criminal Justice, he spent six years working as a Private Investigator and during that time developed an affinity for writing poetry. While working on a master’s degree in Forensic Psychology, Dennis transitioned into social service. Dennis has spent the last twelve years working with men and women experiencing challenges with mental health and addiction. He currently serves as Clinic Director for an Opioid Treatment Program.
With a lifelong passion for writing, Dennis wrote dozens of short stories, tapping into his creative side, but did not pursue the finer points of the craft until later in life. After leaving Chicago and moving to San Diego, Dennis had the opportunity to get more involved in the writing community where he strengthened his skills. To further augment his writing skills, Dennis completed an MFA program at National University.
A self-proclaimed geek and lover of pop culture, Dennis still lives and writes in San Diego, CA.
Posted in: Adult, Giveaway, Promo, RABTBookTours
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BBC releases 'Five(ish) Doctors Reboot' for Doctor Who 50th
By Mathew Wace Peck Nov 23, 2013 in Entertainment
The BBC has released a third special drama to coincide with the sci-fi show's 50th-anniversary celebrations this weekend.
Fans of Doctor Who have already been treated to Mark Gatiss's An Adventure in Space and Time, which stars David Bradley as William Hartnell/First Doctor and tells the creation of what has become the world's longest-running television science-fiction drama series, and The Day of The Doctor, which was simulcast around the world on Saturday.
Now, for those bemoaning the lack of Classic-era Doctors, comes The Five(ish) Doctors, a thirty-odd minute special written and directed by Peter Davison, the actor who portrayed the Fifth Doctor from 1981 to 1984.
The episode stars Davison, alongside his successors Colin Baker (Sixth Doctor), Sylvester McCoy (Seventh Doctor) and Paul McGann (Eighth Doctor). Also in the cast are Sean Pertwee, whose father, Jon Pertwee, played the Third Doctor, and Olivia Colman (Broadchurch), as well as one or two other surprising appearances.
Davison had been hinting for the past week that something was in the offing, through the mysterious TheFishDr Twitter account.
More about Doctor Who, Fiveish Doctors Reboot, The Day of the Doctor, Peter davison, David Bradley
Doctor Who Fiveish Doctors Rebo... The Day of the Docto... Peter davison David Bradley Colin baker Sylvester mccoy Paul mcgann Sean pertwee olivia colman
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Popular Scottish Balladeers Returning To Colebrook
The Great North Woods Committee for the Arts will present Alan Reid and Rob van Sante in their return concert to our area on Tuesday, March 24. These legendary Scottish singers will perform in the intimate setting of the first-floor gallery at the Tillotson Center in Colebrook, which will prove to be an ideal setting for their “coffeehouse” balladeer style.
The concert is scheduled to begin at 7 p.m., and snack food and beverages that can be purchased at the coffeehouse during the show. The popular duo first performed at the Moose Muck Coffee House two years ago and again in 2013, when they received a warm receptions from local music fans.
Tickets for the Colebrook concert are $15 each and will be available at the door on the night of the show. “This will be a memorable evening of music in a very relaxed setting here in the North Country,” said Charlie Jordan, President of the Great North Woods Committee for the Arts.
Alan Reid has assured himself a place among the legends of Celtic music, having been a member of Battlefield Band from its inception in 1969 until his departure in 2010. In that time, he toured all over the world and made almost 30 recordings with the band, working with such artists as Garrison Keillor, Van Morrison and Mike Oldfield. The Battlefield Band won awards in Germany, Britain and the U.S. and throughout Alan was at the heart of the band, his keyboards underpinning the bagpipes and the fiddle.
His first solo album, “The Sunlit Eye,” featuring original songs and tunes, was released in 1998 and was followed up with a song and tune book “Martyrs, Rogues and Worthies” in 2001.
Since then he has recorded two albums in his partnership with Rob van Sante, both of which showcase many of his works. In 2009, he was nominated at the Scottish Tradition Awards in the composer of the year category and in 2011 “Recollection” was released, an album of his own choice of songs from his long career with Battlefield Band. Alan, along with Rob, most recently developed an album on the life of John Paul Jones, a project for which he has composed all the music.
Rob van Sante is a guitarist of exceptional skill and subtlety. He was born in the Netherlands and begun playing guitar at an early age. As his interest in music developed, he became influenced by the best of Folk, Rock, R&B and Blues. During the 1970s-90s he toured extensively throughout Europe, North Africa and the Middle East. Rob has appeared on many albums displaying his virtuoso vocal ability both as a lead and harmony singer, also showcasing his undoubted instrumental skills to the project in question. All these strands come together to make a perfect foil to Alan and his music.
The Great North Woods Committee for the Arts brings some 20 concerts a year to the Tillotson Center. For more information on these and other upcoming GNWCA concerts or how you can become a supporting member of the GNWCA, call 237-9302 or 246-8998, or you can visit www.gnwca.org.
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The Bombadils Bringing Canadian-American Folk Music To Colebrook Country Club On Jan. 21
Canadian and American folk music will weave together beautifully under the skilled musicianship of the Bombadils when this young trio makes its first North Country appearance together at the Colebrook Country Club at 7 p.m., Saturday, Jan. 21, presented by the Great North Woods Committee for the Arts.
The Bombadils are comprised of Canadian Maritimer Luke Fraser and prairie-girl Sarah Frank, who share a love of folk songs and fiddle tunes. Based in Montreal and drawing from the Canadian, American and Celtic traditions, the two pour the spirit of story-telling and kitchen parties into their own writing. Luke brings guitar, mandolin and home-grown East Coast vocals in harmony with Sarah’s singing, lyrical fiddle playing and claw-hammer banjo.
Luke and Sarah grew up listening to The Beatles and Beethoven on cassette tapes (often re-wound with a chewed up pen) and both trained classically at McGill University in Montreal, Que. They released their first album, “Fill Your Boots!” (2012) and in the years to follow went on tour throughout Canada, the U.S., Australia, New Zealand and Europe. In 2015 they released their second album, “Grassy Roads, Wandering Feet,” and performed at folk festivals across North America. They were artists in residence at The Banff Centre in 2014, as well as Canadian participants at Ethno Sweden (2014), a folk music exchange between 90 musicians from 15 countries.
Luke and Sarah will be joined during their Colebrook appearance by Nashville-based cellist Kaitlyn Raitz. GNWCA audience will remember cellist Kaitlyn Raitz when she appeared with the group Ozere, which the GNWCA brought to Colebrook in 2015.
Concerts in the GNWCA at the Country Club Concert Series continue on Friday, Jan. 27, when the GNWCA paves new ground when it hosts its very first rock and roll dance party by presenting regional favorites Rock On. Then the GNWCA and Upper Connecticut Valley Hospital team on Friday, Feb. 24, when Paul Amey and the popular bluegrass group The Parker Hill Road Band bring their foot-stompin’ sound to the Colebrook Country Club. On March 17 the GNWCA brings back to the Colebrook Country Club its traditional St. Patrick’s Day Celtic bash with the return of the regional ensemble Islay Mist Ceilidh.
The GNWCA at the Country Club Concert Series shows all get underway at 7 p.m. on show nights. Tickets for all these shows will be available at Fiddleheads, 110 Main St., Colebrook, or at the door. General admission prices for the night are: adults, $15; students, $12; children under 12 accompanied by an adult, $5.
For more information on these and other shows, find the Great North Woods Committee for the Arts on Facebook, visit www.gnwca.org or you can call 237-9302 or 246-8998.
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During the epidemic, more than 8,600 aircraft worldwide were grounded, accounting for one-third of the total
The Roseville International Aviation Center in the desert of New Mexico is one of several "aircraft cemeteries" in the world.
Due to the COVID-19 pandemic, restrictions on entry and exit of various countries continue. One-third of the world's aircraft (more than 8,600) are still grounded after August into the holiday season.
The Roseville International Aviation Center in the desert of New Mexico is one of several "aircraft cemeteries" in the world. Due to the dry climate, the aircraft is not easy to rust, and the cost of downtime is low, only 10 to 14 dollars a day. In addition to the retired aircraft whose parts are to be removed, there are also some aircraft that have no flight plan temporarily and need to be stored for a long time.
According to data from British aviation analysis company Cirium, as of August 18, the total number of aircraft parked here reached 382, far higher than the 103 at the beginning of the year. American Airlines has parked its Boeing 737 and 777 aircraft here.
Cirium's statistics show that as of mid-August, there were more than 8,600 "unflyable aircraft" in the world, accounting for about 32% of the total number of aircraft. Even after the September 11 terrorist attacks in the United States in 2001, there has been no such large-scale and long-term grounding.
According to data from the British aviation consulting company IBA, 34 airlines have filed for bankruptcy so far this year, surpassing the 27 for the whole of last year. The company believes that the final number of bankruptcies will reach 70. It is the aircraft leasing industry that is inevitably affected. Airlines have asked leasing companies to waive the fixed fee of leasing fees.
Prev:Greece's tourism season may end early due to the epidemic, tourism revenue will be hit hard in 2020
Next:More than 90% of Hainan B&Bs have recovered! Tourists gather next to the duty-free shop
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Home>Pop Culture> RiFF Raff Cleared Of Sexual Assault After Lawsuit Dropped: Report
RiFF Raff Cleared Of Sexual Assault After Lawsuit Dropped: Report
Jason Merritt/Getty Images
RiFF RAFF finds himself in the clear after allegations of sexual assault loom over his head.
RiFF RAFF has been facing serious allegations over the years. Sexual assault and rape claims have tarnished his name and his career to an extent but he's continued to deny that any of these allegations are real. One lawsuit filed against him stemmed from an incident in 2014 but it appears that the rapper is finally in the clear.
According to his lawyers who spoke to The Blast, RiFF RAFF has been cleared in the civil sexual assault lawsuit filed against him. He's maintained his innocence throughout the trial, although there hasn't been any confirmation as to why the case was tossed. His team did, however, make it clear that he was never arrested or charged for these allegations.
"RIFF RAFF had never been arrested or charged with any such offense by the police. The Plaintiff’s civil suit has now been dropped with prejudice. Having this dark cloud, which has hung over him for the last 5 years, dissipate, RiFF RAFF is ready to take his career to the next level and cement his name as one of the most exciting and innovative entertainers of modern times," the rep said.
The rapper's rep also issued a thank you to everyone that stood by him during this time.
"RiFF RAFF and Jody Highroller Entertainment Inc. wishes to thank the combined legal team of Robert Garson of GS2Law, out of New York City, Chris Rusby of Rusby Law and Brent Ryman of Erickson, Thorpe & Swainston, both out of Reno, Nevada. Together, they have demonstrated the unwavering support and determination in making sure that the truth would prevail and reassured RIFF RAFF. Their counsel provided immense assurance during this difficult time," a statement reads. "Most importantly RIFF RAFF wants to thank his fans for standing by him and your support has been incredibly important and will never be forgotten."
Pop Culture News RiFF RAFF sexual assault allegations lawsuit dropped
Trippie Redd Reacts To Being Name-dropped On Eminem's "Music To Be Murdered By"
Nike Launches "Valentine's Day" Air Max 97: Purchase Links
POP CULTURE RiFF Raff Cleared Of Sexual Assault After Lawsuit Dropped: Report
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New York lawmakers to address Solar Jobs Bill
June 14, 2012 0 By Alicia Moore
Clean energy continues to gain support throughout the U.S.
Solar energy continues to garner a great deal of support throughout the U.S. Many states are beginning to be won over by the potential economic benefits of alternative energy and have begun taking solar energy more seriously. In New York, a new legislation has emerged called the Solar Jobs Bill. The legislation aims to embolden the state’s economy by creating new, sustainable jobs in the field of solar energy. The prospective economical benefits of solar energy have drawn a great deal of support to the legislation.
Solar Jobs Bill aims to make New York a leader in solar energy
The Solar Jobs Bill is designed to promote the development of over 3,000 megawatts of solar energy systems throughout New York by 2021. The state receives over 200 days of sunlight a year and the legislation is looking to support solar panels that can harvest sunlight even on cloudy days. The solar energy systems supported by the legislation will be used to power homes and businesses throughout the state. Residents and businesses will be encouraged to adopt solar energy through a series of financial incentives that help reduce the cost of installations for these energy systems.
Legislation expected to create hundreds of new jobs
As the demand for solar energy installations grows, new jobs are expected to emerge for those with experience in construction and various other fields. The new solar energy systems will also require regular maintenance, which will spur solar energy companies into hiring new staff in order to accommodate the expected increase in new energy systems.
Lawmakers begin to show more support for the Solar Jobs Bill
The Solar Jobs Bill has been in the state’s Legislature for roughly three years. Lawmakers have shown interest in the adoption of solar energy, but have not been so eager to act upon the legislation. As the economic benefits of alternative energy begin to gain more attention, however, state legislators are beginning to take the matter more seriously. Nonetheless, Vote Solar, a California-based initiated aimed at promoting solar energy, has initiated a campaign to promote awareness of the legislation amongst New York voters.
CategoryAlternative Energy Environmental Featured News Political Solar Energy United States
Tagsalternative energy economics alternative energy politics green jobs New York alternative energy new york green jobs new york solar energy solar energy solar energy news solar jobs bill vote solar
Report shows that domestic oil production may not bring economic benefit
MIT Engineers unveil PLoS ONE — new fuel cell powered by sugar
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Businesses pledge to help vulnerable people
Wednesday, 14th August 2013.
Vulnerable people in Haverhill are set to benefit from the introduction of a Stay Safe Scheme in their area during Learning Disability Week.
On Monday and Tuesday next week businesses in Haverhill and Lowestoft will be showing their support for the ‘Suffolk Stay Safe’ scheme by receiving training and displaying specially-designed Stay Safe window stickers. By signing up, they’re pledging to help anyone who comes to them for support.
As well as supporting people with learning disabilities, the scheme is also set to benefit young people who are victims of bullying, people with physical disabilities, older people or those who may feel anxious when out in public areas.
People who carry Stay Safe cards, which hold personal information about them including their medical history, communication needs and emergency contacts, can therefore have greater confidence when leaving the house.
The scheme is being launched in Haverhill and Lowestoft by the Suffolk Hate Crime Service. It follows successful roll-outs in 16 other towns and villages across Suffolk. The aim is for every area to be covered by the end of the year.
Suffolk Hate Crime Service constantly works to increase the reporting of hate crime. Between June 2012 and June 2013 there were 608 reports of hate crimes/incidents, 16 per cent of which were disability hate crimes.
Cllr Colin Spence, Suffolk County Council’s cabinet member for public protection, said: "I am absolutely delighted with the continuing success of this scheme, and our plans to extend it to other areas. It will give vulnerable people a sense of safety and security should they find themselves in a challenging situation.
“I really hope as many businesses as possible will sign up - I am pleased to be able to launch the scheme in line with Learning Disability Week and look forward to seeing the results.”
Businesses interested in registering as a Stay Safe place and people wanting a Stay Safe card should contact the Suffolk Hate Crime Service via www.suffolkhatecrime.org.uk or contact their local Safer Neighbourhood Team.
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Islamic view of Jonah
Title: Islamic view of Jonah
Subject: Anger, Zabur, Yunus (sura), Yunus, List of people in both the Bible and the Quran
For other uses, see Jonah (disambiguation).
Sistine Chapel.
8th Century BC
Honored in
Tomb of Prophet Jonah, Mosul, Iraq
September 21 - Roman Catholicism
Jonah or Jonas (; Arabic: يونس Yūnus, Yūnis or يونان Yūnān ; Greek/Latin: Ionas) is the name given in the Hebrew Bible (Tanakh/Old Testament) to a prophet of the northern kingdom of Israel in about the 8th century BC, the eponymous central character in the Book of Jonah, famous for being swallowed by a fish or a whale, depending on translation. The Biblical story of Jonah is also repeated, with a few notable differences, in the Qur'an.
1 The story of Jonah
2 Jonah in Christianity
3 Jonah in Judaism
4 Jonah in Islam
4.1 Muhammad
4.2 Shrine at Nineveh
5 Jonah in sailors' superstition
6 The fish
6.1 Translation
6.2 Suggested literal interpretations
7 Various locations associated with Jonah
8 Connections to other legends
The story of Jonah
Jonah son of Amittai appears in 2 Kings[1] as a prophet from Gath-hepher (a few miles north of Nazareth) active during the reign of Jeroboam II (c.786-746 BC), where he predicts that Jeroboam will recover certain lost territories.
Jonah is also the central character in the Book of Jonah. Ordered by God to go to the city of Nineveh to prophesy against it "for their great wickedness is come up before me,"[2] Jonah seeks instead to flee from "the presence of the Lord" by going to Jaffa and sailing to Tarshish, which, geographically, is in the opposite direction. A huge storm arises and the sailors, realizing this is no ordinary storm, cast lots and learn that Jonah is to blame. Jonah admits this and states that if he is thrown overboard, the storm will cease. The sailors try to dump as much cargo as possible before giving up, but feel forced to throw him overboard, at which point the sea calms. The inspired sailors then offer sacrifices to God. Jonah is miraculously saved by being swallowed by a large fish specially prepared by God where he spends three days and three nights.[3] In chapter two, while in the great fish, Jonah prays to God in his affliction and commits to thanksgiving and to paying what he has vowed. God commands the fish to spew Jonah out.
God again orders Jonah to visit Nineveh and to prophesy to its inhabitants. This time he goes and enters the city crying, "In forty days Nineveh shall be overthrown." After Jonah has walked for a day across Nineveh, the people of Nineveh begin to believe his word and proclaim a fast. The king of Nineveh puts on sackcloth and sits in ashes, making a proclamation to decree fasting, sackcloth, prayer, and repentance. God sees their works and spares the city at that time.[4] The entire city is humbled and broken with the people (and even the animals) in sackcloth and ashes. Animals, plants, warmth and even fish are all seen under the sovereign hand of God. Even the king comes off his throne to repent.
Displeased by this, Jonah refers to his earlier flight to Tarshish while asserting that, since God is merciful, it was inevitable that God would turn from the threatened calamities. He then leaves the city and makes himself a shelter, waiting to see whether or not the city will be destroyed.
God causes a plant (in Hebrew a Kikayon) to grow over Jonah's shelter to give him some shade from the sun. Later, God causes a worm to bite the plant's root and it withers. Jonah, now being exposed to the full force of the sun, becomes faint and desires that God take him out of the world.
And God said to Jonah: 'Art thou greatly angry for the Kikayon?' And he said: 'I am greatly angry, even unto death.'
And the LORD said: 'Thou hast had pity on the gourd, for which thou hast not laboured, neither madest it grow, which came up in a night, and perished in a night;
and should not I have pity on Nineveh, that great city, wherein are more than sixscore thousand persons that cannot discern between their right hand and their left hand, and also much cattle?'
—Book of Jonah, chapter 4, verses 9-11[5]
Jonah in Christianity
In the New Testament, Jonah is mentioned in Matthew 12:38-41, 16:4 and Luke 11:29-32
Oh Jonah!
File:The Golden Jubilee Quartet - Oh Jonah.ogg
"Oh Jonah!", a Gospel music summary of the Book of Jonah, sung by the Golden Jubilee Quartet.
Problems playing this file? See media help.
In the Gospel of Matthew, Jesus makes a reference to Jonah when he was asked for a miraculous sign by the Pharisees and teachers of the Law. Jesus said that the sign would be the sign of Jonah. Jesus implies that Jonah's restoration after three days inside the great whale prefigures His own resurrection.
But he answered and said unto them, An evil and adulterous generation seeketh after a sign; and there shall no sign be given to it, but the sign of the prophet Jonas:
For as Jonas was three days and three nights in the whale's belly; so shall the Son of man be three days and three nights in the heart of the earth.
The men of Nineveh shall rise in judgment with this generation, and shall condemn it: because they repented at the preaching of Jonas; and, behold, a greater than Jonas is here.
—Gospel of Matthew, chapter 12 verses 39-41[6]
Jonah is regarded as a saint by a number of Christian denominations. He is commemorated as a prophet in the Calendar of Saints of the Missouri Synod of the Lutheran Church on September 22. On the Eastern Orthodox liturgical calendar his feast day is September 22 also (for those churches which follow the traditional Julian calendar, September 22 currently falls on October of the modern Gregorian calendar). He is commemorated as one of the Twelve Minor Prophets in the Calendar of saints of the Armenian Apostolic Church on July 31. Jonah's mission to the Ninevites is commemorated by the Fast of Nineveh in Syriac and Oriental Orthodox Churches.[7]
The apocryphal Lives of the Prophets, which may be Jewish or Christian in origin, offers further biographical details about Jonah.
Jonah in Judaism
The book of Jonah (Yonah יונה) is one of the 12 minor prophets included in the Tanakh. According to tradition Jonah was the boy brought back to life by Elijah the prophet, and hence shares many of his characteristics (particularly his desire for 'strict judgment'). The book of Jonah is read every year, in its original Hebrew and in its entirety, on Yom Kippur - the Day of Atonement, as the Haftarah at the afternoon mincha prayer.
Teshuva - the ability to repent and be forgiven by God - is a prominent idea in Jewish thought. This concept is developed in the book of Jonah: Jonah, the son of truth, (The name of his father "Amitai" in Hebrew means truth,) refuses to ask the people of Nineveh to repent. He seeks the truth only, and no forgiveness. When forced to go, his call is heard loud and clear. The people of Nineveh repent ecstatically, "fasting, including the sheep", and the Jewish scripts are critical of this.[8]
Jonah in Islam
Jonah (Yunus in Arabic) is highly important in Islam as a prophet who was faithful to God and delivered His messages. In Islam, Jonah is also called Dhul-Nun (Arabic: ذو النون; meaning The One of the Whale). Chapter 10 of the Qur'an is named Jonah, although in this chapter only verse 98 refers to him directly. It is said in Muslim tradition that Jonah came from the tribe of Benjamin and that his father was Amittai.[9] Jonah is the only one of the Twelve Minor Prophets[9] of the Hebrew Bible to be mentioned by name in the Qur'an.
Jonah's Qur'anic narrative is extremely similar to the Hebrew Bible story. The Qur'an describes Jonah as a righteous preacher of the message of God but a messenger who, one day, fled from his mission because of its overwhelming difficulty. The Qur'an says that Jonah made it onto a ship but, because of the powerfully stormy weather, the men aboard the ship suggested casting lots to throw off the individual responsible. When the lots were cast three times and Jonah's name came out at all three and he was thrown into the open ocean that night. A gigantic fish came and swallowed him, and Jonah remained in the belly of the fish repenting and glorifying God to the maximum. As the Qur'an says:
So also was Jonah among those sent (by Us).
When he ran away (like a slave from captivity) to the ship (fully) laden,
He (agreed to) cast lots, and he was condemned:
Then the big Fish did swallow him, and he had done acts worthy of blame.
Had it not been that he (repented and) glorified Allah,
He would certainly have remained inside the Fish till the Day of Resurrection.
—Qur'an, chapter 37 (As-Saaffat), verse 139-144[10]
God forgave Jonah out of His mercy and kindness for the man, and because he knew that Jonah was, at heart, one of the best of men. Therefore, the fish cast Jonah out onto dry land, with Jonah in a state of sickness. Thus, God caused a plant to grow where Jonah was lying to provide shade and comfort for him. After Jonah got up, fresh and well, God told him to go back and preach at his land. As the Qur'an says:
But We cast him forth on the naked shore in a state of sickness,
And We caused to grow, over him, a spreading plant of the gourd kind.
And We sent him (on a mission) to a hundred thousand (men) or more.
And they believed; so We permitted them to enjoy (their life) for a while.
Jonah is also mentioned in a few incidents during the lifetime of Muhammad. In some instances, Jonah's name is spoken of with praise and reverence by Muhammad. According to historical narrations about Muhammad's life, after ten years of receiving revelations, Muhammad went to the city of Ta’if to see if its leaders would allow him to preach his message from there rather than Mecca, but he was cast from the city by the people. He took shelter in the garden of Utbah and Shaybah, two members of the Quraysh tribe. They sent their servant, Addas, to serve him grapes for sustenance. Muhammad asked Addas where he was from and the servant replied Nineveh. "The town of Jonah the just, son of Amittai!" Muhammad exclaimed. Addas was shocked because he knew that the pagan Arabs had no knowledge of the prophet Jonah. He then asked how Muhammad knew of this man. "We are brothers" Muhammad replied. "Jonah was a Prophet of God and I, too, am a Prophet of God." Addas immediately accepted Islam and kissed the hands and feet of Muhammad.[12]
In one of the sayings of Muhammad, in the collection of Imam Bukhari, it says that Muhammad said "One should not say that I am better than Jonah".[13] This is understood by both mainstream Muslims and historians to have been stated by Muhammad to emphasize upon the notion of equality between all the prophets and the law of making no distinction between any of the messengers. The Arab tribes, of the time, may have begun to exalt Muhammad above Jonah because of the recent revelation Muhammad received, which recounted the story of Jonah's fleeing from his mission. Thus, Muhammad, by saying this, clearly made it a point to the Arabs to not make any distinction between the great apostles of God.
Shrine at Nineveh
At the present time, Nineveh's location is marked by excavations of 5 gates, parts of walls on four sides, and two large mounds, the hill of Kuyunjik and hill of Nabi Yunus (see map link in footnote).[14] On Nabi Yunus there is a Muslim shrine dedicated to the prophet Jonah.[15]
Jonah in sailors' superstition
A long-established expression among sailors uses the term "a Jonah" as meaning a person (either a sailor or a passenger) whose presence on board brings bad luck and endangers the ship.[16] Later on, this meaning was extended to "a Jonah" referring to "a person who carries a jinx, one who will bring bad luck to any enterprise."[17]
Interpretations of the "fish" fall into these general categories:[18]
A big fish or whale (of unspecified species) did indeed swallow Jonah.
A special creation (not any fish we know of) of God accomplished the act.
There was no fish: the story is an allegory, the fish is a literary device in the story, the story is a vision or a dream etc.
Though it is often called a whale today, the Hebrew, as throughout scripture, refers to no species in particular, simply sufficing with "great fish" or "big fish" (whales are today classified as mammals and not fish, but no such distinction was made in antiquity). While some Bible scholars suggest the size and habits of the great white shark correspond better to the representations given of Jonah's being swallowed, normally an adult human is too large to be swallowed whole.[19]
In Jonah 2:1 (1:17 in English translation), the original Hebrew text reads dag gadol (דג גדול), which literally means "big fish." The Septuagint translates this phrase into Greek as ketos megas (κητος μεγας). The term ketos alone means "huge fish," and in Greek mythology the term was closely associated with sea monsters, including sea serpents.[20] Jerome later translated this phrase as piscis granda in his Latin Vulgate. He translated ketos, however, as cetus in Matthew 12:40.
At some point cetus became synonymous with "whale" (the study of whales is now called cetology). In his 1534 translation, William Tyndale translated the phrase in Jonah 2:1 as "greate fyshe" and he translated the word ketos (Greek) or cetus (Latin) in Matthew 12:40 as "whale". Which states "For as Jonas was three days and three nights in the whale's belly; so shall the Son of man be three days and three nights in the heart of the earth."[21] Tyndale's translation was later incorporated into the Authorized Version of 1611. Since then, the "great fish" in Jonah 2 has been most often interpreted as a whale.
In Turkish, "Jonah fish" (in Turkish yunus baligi) is the word used for dolphin, often shortened to just yunus.
Suggested literal interpretations
Some believers claim that God, being omnipotent, simply altered things as needed and sustained Jonah - the same as in other miraculous accounts in the Hebrew scriptures. Some believers claim that Jonah did die in the belly of the great fish, and was then resurrected by God since Jesus himself associated this event in Jonah's life with his own death and resurrection. See Matthew 12:40. Others have attempted more elaborate explanations.
As for a fish or whale that could repeat the feat of swallowing a human being whole, several candidates have been suggested. The largest whales - baleen whales, a group which includes the blue whale - eat plankton and "it is commonly said that this species would be choked if it attempted to swallow a herring."[22] As for the whale shark, Dr. E. W. Gudger, an Honorary Associate in Ichthyology at the American Museum of Natural History, noted that "while the mouth is cavernous, the throat itself is only four inches wide and has a sharp elbow or bend behind the opening. This gullet would not permit the passage of a man's arm". In another publication he also noted that "the whale shark is not the fish that swallowed Jonah."[23][24]
Various locations associated with Jonah
Place of birth: Mentioned in 2 Kings 14:25, the town of Gath-hepher has saved its name to this day, near the Gallilean Arab town of Mashhad, where a monument for Nebi Yunes still exists. The Israeli Gath-hepher industrial zone is erected on that mountain.
Location of landing: In the city of Ashdod the light-tower hill is called Givat-Yonah, on the holy Muslim site of Nebbi Yunes, according to traditions of the three monotheistic Abrahamic religions, the site where Jonah was thrown by the large fish. Aerial photos taken by German pilots during WWI clearly show the Nebbi Yunes sanctuary, near the British landing site at the beginning of the British 1918 Jerusalem offensive.[25]
The city of Jaffa has a main street named after Jonah. The ancient port of Jaffa is still intact and functional. Archeological diggings find that the port has been functioning at this location as early as 300 BC.
Another sanctuary and mosque called Nebi Yunes, is in the Palestinian West Bank town of Halhul, 5 km (3.1 mi) north of Hebron. Muslim tradition has it that this is the burial site of Jonah the prophet. A sign erected by the Israeli ministry of religions says that this is Jonah's burial site, but according to Jewish traditions this is the location of the burial of the prophets Nathan and Gad Hahozeh.
The sanctuary of Jama Naballa Jonas is another place that tradition says is Jonah's grave, near the city of Mosul (today in Iraq), near the ancient remnants of Nineveh. On one of the two most prominent mounds of Nineveh ruins, rises the Mosque of the Prophet Yunus (previously a Nestorian-Assyrian Church). Jonah is believed to be buried here, where King Esarhaddon had once built a palace. It is one of the most important mosques in Mosul and one of the few historic mosques that are found on the east side of the city.
Jonah's grave is also said to be near the city of Sarafand (Sarepta) in Lebanon. This is in accordance with several ancient Jewish writings about Jonah being the son of the woman from "Zarephath" (Sarafand) mentioned in the stories of Elijah.
Connections to other legends
Joseph Campbell suggested a parallel between the story of Jonah and the epic of Gilgamesh, in which Gilgamesh obtains a plant from the bottom of the sea.[26] In the Book of Jonah a worm (in Hebrew tola'ath, "maggot") bites the shade-giving plant's root causing it to wither, while in the epic of Gilgamesh, Gilgamesh plucks his plant from the floor of the sea which he reached by tying stones to his feet. Once he makes it back to the shore, the rejuvenating plant is eaten by a serpent.
Campbell also noted several similarities between the story of Jonah and that of Jason in Greek mythology. The Greek rendering of the name Jonah was Jonas, which differs from Jason only in the order of sounds—both os are omegas suggesting that Jason was confused with Jonah. Gildas Hamel, drawing on the Book of Jonah and Greco-Roman sources — including Greek vases and the accounts of Apollonius of Rhodes, Gaius Valerius Flaccus and Orphic Argonautica—[27] identifies a number of shared motifs, including the names of the heroes, the presence of a dove, the idea of "fleeing" like the wind and causing a storm, the attitude of the sailors, the presence of a sea-monster or dragon threatening the hero or swallowing him, and the form and the word used for the "gourd" (kikayon). Hamel takes the view that it was the Hebrew author who was reacting to and adapting this mythological material to communicate his own, quite different message. The Greek sources are however several centuries later than the Book of Jonah and the form Jonas which is similar to Jason is from the Septuagint translation of the book.
Biblical scholars have speculated that Jonah may have been in part the inspiration behind the figure of Oannes in late Babylonian mythology.[28] The deity name "Oannes" first occurs in texts from the Library of Ashurbanipal (more than a century after the time of Jonah) as Uanna or Uan but is assimilated to Adapa, a deity first mentioned on fragments of tablets from the 15th or 14th century B.C. found in Amarna in Egypt.[29][30] Oannes is described as dwelling in the Persian Gulf, and rising out of the waters in the daytime and furnishing mankind instruction in writing, the arts and the various sciences. Berossus describes Oannes as having the body of a fish but underneath the figure of a man—a detail that, some Biblical scholars suggest, is not derived from Adapa but is perhaps based on a misinterpretation of images of Jonah emerging from the fish. Scholars of Mesopotamian mythology, however, suggest that Adapa was likely associated with fishing and depicted in half-fish form many centuries before the story of Jonah appeared.[29] Nineteenth-century Irish amateur scholar William Betham speculated that worship of Oannes is the origin of the cult of the Roman god Janus.[31]
Jonah is mentioned twice in Chapter 14 of the apocryphal Book of Tobit, the conclusion of which finds Tobit's son, Tobias, at the extreme age of one hundred and twenty seven years, rejoicing at the news of Nineveh's destruction by Nebuchadnezzar and Ahasuerus in apparent fulfillment of Jonah's prophecy against the Assyrian capital.
Biblical narratives and the Qur'an
Legends and the Qur'an
Commons has media related to Jonah.
The Book of Jonah (Hebrew and English)
The Book of Jonah (NIV)
Jewish Encyclopedia: Jonah
Catholic Encyclopedia: Jonah
Animated Retelling of the Jonah Story
Prophets in the Hebrew Bible
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Prophets mentioned
in the Former Prophets
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Italics denote that the status as a prophet is not universally accepted.
rl are articles dealing with the prophet within Rabbinic Literature.
Name Jonah
Alternative names יוֹנָה, Yona, Yônā, يونس, Yūnus, يونان, Yūnān, Ionas
Short description Old Testament prophet
Date of birth 8th Century B.C.
Place of birth Gath-Helper
ar:يونس
fa:یونس sv:Jona
Bible, Quran, Emotion, Love, Psychological manipulation
Zabur
Quran, Hebrew language, Islam, Quran translations, Noah's Ark
Yunus (sura)
Quran, Islam, Sura, Quranism, Tafsir
Jonah, Persian language, Turkish language, Dove, Dolphin
List of people in both the Bible and the Quran
Noah's Ark, Bible, Aaron, Islam, Quran
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Philippine School Creates Arts Ambassadors
by Naharnet Newsdesk 11 April 2011, 14:36
Tucked in the mist-covered slopes of Mount Makiling, the Philippines' premier public school for the arts is busy molding the country's future cultural ambassadors.
The gifted scholars embark on a rigorous 12-hour daily routine of academic study, music, dance, theatre, visual arts and creative writing at the state-funded Philippine High School for the Arts.
Surrounded by green woods, the atmosphere at the 13-hectare (32-acre) campus is far removed from the Philippines' chaotic urban sprawl.
A picturesque view of the Laguna de Bay lake below provides a calming scene from the cottages inside the campus, about a two-hour drive south of Manila.
"Our dream and goal is to ennoble the Filipino spirit -- that we are good, that we can excel," the school's executive director and Jesuit priest, Carmelo Caluag, told Agence France Presse.
"We are doing this because art and culture are the windows to the soul of the people, they nurture our spirit."
The school began as a more informal haven for young artists in the 1970s.
It was established by the then first lady Imelda Marcos, who lavished much time and money on the arts during her dictator husband's 20-year rule of the country.
Marcos chose the slopes of 1,090-meter (3,600-foot) Mount Makiling as the site, which was named after the enchanting daughter of two deities who protected nature in local folklore.
It was however only in 1989 that then-president Corazon Aquino signed an executive order establishing it as an official public high school for gifted children, a third-world replica of New York's famous Juilliard.
The students at Makiling are now carefully chosen from thousands of applicants who audition for just over 30 slots a year.
The rewards of acceptance can be huge -- past graduates have become famous musicians or artists or gone on to study abroad.
The 145 students get free board and lodging, and the school appoints a special tutor or master for whatever discipline each of them wants to pursue.
So deep is the government's commitment to the school that despite the nation's coffers being nearly bare, it spends an average of 300,000 pesos (6,976 dollars) a year on each student.
This is about 30 times the amount allocated for students at a regular public school.
While the Makiling students are afforded every chance at success, the school's only hope is that they will pursue a career in the arts to preserve and champion the Philippines' rich culture.
"There is no real contract between us and the scholars for them to repay us in kind," said Caluag, 52.
Teachers also tried to prepare the students for the real world, he said, noting that a career in the arts could be financially frustrating at times -- one reason why some opted to go in another direction once reaching university.
"There is no clear distinct career after this experience," Caluag said, but he stressed those who were really passionate about their chosen craft often enjoyed success after graduating.
Among the stand-outs is Candice Adea, now the principal dancer of Ballet Philippines.
Adea, 24, and her partner last year won the silver medal at the USA Ballet International Competition, considered the Olympics of dance, and she credits her success to the work ethic she developed at the mountain school.
Adea said she was sent abroad twice to compete when she was a student there, valuable training that helped hone her technique and realize that dance was what she wanted to pursue in life.
"They gave me the opportunity to see the real world of ballet. From that opportunity, I realized what I wanted to do with my career," Adea told AFP during breaks in practice at Manila's Cultural Center of the Philippines.
"These experiences fed our minds. We got to go to different places and perform. Experiences that you would never have in other schools."
Fifteen-year-old Suzy Rellon is just embarking on what she hopes will be a similar journey.
Rellon left behind her parents and three siblings in the southern Philippines, which has been plagued by a deadly insurgency for decades, to begin her dream of one day traveling the world as a performing artist.
"Dance is my life. There is nothing else for me," said Rellon, adding that she hoped to one day show the world the beauty of ethnic folk dance fused with contemporary music.
Meanwhile, Anne Mimille Guzman, who graduated this year, has launched her first children's book in Manila and proceeds of the sales will go to funding an arts workshop for public school children.
"I believe the mastery of the written word is a gift I can share to everyone," the 17-year-old said. "We spent four years of our lives here. It is time to give back."
CulturePhilippines
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Back to News Front
A Mother’s Day tribute
Mother, two daughters serve in the 446th
By Mr. Ed Butac, 446th Airlift Wing Public Affairs on May 14, 2020
The Kallinen women, Kristina (left), Rachel (middle) and Janice (right), in their Air Force uniforms at Joint Base San Antonio, Texas, during Rachel’s Basic Military Training graduation in November 2019. Courtesy photo
Amidst the chaos of the ongoing COVID-19 pandemic, Chief Master Sgt. Janice Kallinen, 446th Force Support Squadron superintendent, drives on with her duties during these challenging times.
This fall, Kallinen will retire in what would be 38 years and five months of service in the Air Force. "When you're young, you think about what the future has in store for you, but you don't really know how it's going to turn out," Kallinen said. "The Air Force has been a great career for me. My husband, Jerry, has been in the Air Force for 32 years. He has also had a great career."
Kallinen enlisted with a great sense of pride over 38 years ago. When her daughters were born, she felt a different sense of pride. "My children are everything to me. I am very thankful that they have grown to be beautiful, caring, young women. The times we are under right now with COVID-19 have been crazy for everyone," Kallinen said. "Life is too short. I encourage everyone to stop and smell the roses more. Hug your loved ones a few minutes longer. It can do wonders."
Kallinen has been a role model throughout her long military service to her airmen, but the biggest impact she ever had involves her two daughters. They followed in her footsteps of service in the military. First Lt. Kristina Hansen, a clinical nurse with the 446th Aeromedical Staging Squadron, and Senior Airman Rachel Kallinen, currently in training to become a loadmaster with the 97th Airlift Squadron, both serve in the Air Force Reserve's 446th Airlift Wing at Joint Base Lewis-McChord.
With Mother's Day upon us, we spoke to Kristina and Rachel to get their perspective on their mother, Janice, and her ongoing service in the military:
What made you decide to follow in your mom's footsteps in joining the military?
Kristina: "My mother always stressed the importance of independence and she has taught us that if we wanted something in life we were going to have to work hard for it. Joining the military was my way of gaining independence while taking advantage of its many benefits."
Rachel: "I grew up in a military family and my life was shaped around it. My parents always brought me to squadron events and I grew up around the people my parents worked with. It wasn't until my mom asked me if I ever thought about joining and without hesitation I told her yes. I never second guessed that I would join."
What did you think of your mom's service when you were younger?
Kristina: "When I was younger I never truly appreciated or understood what it meant to be in the service. It wasn't until I enlisted myself that I got a glimpse of what it meant and an appreciation for the many sacrifices she has made over the years."
Rachel: "My mom has been a huge role model for me growing up. She's always willing to help people and she does way more work then she needs to but it's out of the goodness of her heart. I respect her a lot because of the dedication she has and the amazing work ethic she demonstrates. My mom has been a Chief my whole life, and it never occurred to me how big that is until I joined. I wasn't really aware of how hard my mom worked when I was younger and it makes me respect her just that much more."
Military families are usually apart during special holidays such as Mother's Day. How did you deal with this growing up?
Kristina: "I don't ever recall her being gone on Mother's Day; however, there were other times she was gone and I just remember being so excited when she came home. It taught me to never take any moment for granted."
Rachel: "My mom did a great job trying to stay home for me when I was growing up. There have only been a couple times that she wasn't home with us. My dad was gone way more than my mom was, but when she was gone, my dad and I would call her every time we got the chance."
Now that you're in the service also, do you appreciate and understand your mom's sacrifices more?
Kristina: "To be honest, it wasn't until I became a mother myself that I truly came to appreciate and understand the sacrifice and commitment she has made for her family. Motherhood is hard as it is, being a military mom, however, comes with its own unique set of challenges. She has shown me throughout life the true meaning of service before self." (Kristina is mother to 3-year-old Logan, and is due to give birth in August.)
Rachel: "I've been gone for eight months and every day I understand why she tried to stay home for us. It's hard being gone for this long. I've seen my mom three times in the last eight months and even though I'll be back, I miss her more and more every day. I can only imagine how hard it was leaving your kids for long periods of time. I understand why she made the decision to stay with us if she could control it. I try to call my mom at least every other day, even if it's just to say hi. I understand what she has to go through just to provide for her family."
What would you like to say to her on Mother's Day?
Kristina: "This year is a special one for my mother as she is about to embark on a new chapter in her life. She will be retiring after 38 years of military service. She has not only taught me, but more importantly, shown me the true value of the meaning of life. I can only hope and dream that my service, too, will someday teach my children about accountability, patience, persistence, perseverance, integrity, service before self, responsibility and so much more. I want her to know she is appreciated beyond words and her family, especially her girls, love her more than anything! We appreciate the love she has shown us and everything she has taught us over the years and many more to come. Happy Mother's Day, Mom!"
Rachel: "Mom, I know I don't say it enough but thank you for everything you do for me. I wouldn't be where I'm at today without your guidance. I'll be home in two months and I can't wait to see you. Thank you for teaching me to have an amazing work ethic and to try new things. Happy Mother's Day, Mom! I love you!"
62nd Airlift Wing historian honors 75th anniversary of VE Day
62nd Airlift Wing Historian Office on May 14th, 2020
ABU heroes
By Staff Sgt. Mary Andom, 446th Airlift Wing Public Affairs on January 15th, 2021
Eight thousand vaccines on base and counting
Frontlines of COVID and unrest
By Compiled from AP & Guard sources on January 13th, 2021
8,000 vaccines on base and counting
A first for pilot
By Maj Candice Allen, 446th Airlift Wing Public Affairs on January 8th, 2021
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TRAINING & NEWS
"The Fair Housing Council of Oklahoma is a private nonprofit fair housing agency dedicated to the creation of racially and economically integrated communities, and the elimination of housing discrimination."
Since 1979, the Metropolitan Fair Housing Council has served as the only full-service, 501(c) (3) private nonprofit, qualified fair housing enforcement and advocacy organization in Oklahoma. We provide fair housing enforcement resources to alleged victims of housing discrimination; respond to consumer complaints of unfair treatment from the housing industry, conduct fair housing/fair lending education and outreach training for consumers, housing providers, public and private organizations and conduct counseling and mediation services to promote equal housing opportunity.
The work that provided the basis of this publication was supported by funding under a contract with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the view of the Federal Government.
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Selected Science News
CONVERTING 2-D PHOTO INTO 3-D FACE FOR SECURITY APPLICATIONS AND FORENSICS
0 comentarios 1/31/2011 04:55:00 PM Publicado por Alquimia
Etiquetas: Computing
It is possible to construct a three-dimensional, 3D, face from flat 2D images, according to research published in the International Journal of Biometrics this month. The discovery could be used for biometrics in security applications or in forensic investigations.
Xin Guan and Hanqi Zhuang of Florida Atlantic University on Boca Raton explain how Biometrics, the technology of performing personal identification or authentication via an individual's physical attributes, is becoming an increasingly viable solution for identity management, information protection and homeland security. The researchers have now developed a computer algorithm that can analyze the viewing angle and illumination of a face in an image and generate a 3D view of the face based on the results.
The team points out that while our faces are all different they share so many characteristics that it is difficult for current computer technology to uniquely identify an individual from a flat, 2D image. However, a processed 2D image that yields a 3D image of the face would give a unique perspective.
A 3D image of a person's face might be used in biometrics alongside or instead of fingerprint, iris, face, voice and DNA, recognition techniques for so-called identity management and in security, coupled with smart cards and passwords computer recognition of a real face based on a 3D version of known personnel in a security database could be used to reduce false identification. The same technique might also be applied to analysis of security footage from closed-circuit television cameras (CCTV) in crime investigation or in searching for missing persons. Ultimately, the same technology might also be adapted by the entertainment industry where 2D images of famous people from the past might be rendered in 3D and so allow a face to be animated.
Inderscience Publishers
KILLER PAPER FOR NEXT-GENERATION FOOD PACKAGING
Etiquetas: Chemistry
Scientists are reporting development and successful lab tests of "killer paper," a material intended for use as a new food packaging material that helps preserve foods by fighting the bacteria that cause spoilage. The paper, described in ACS' journal, Langmuir, contains a coating of silver nanoparticles, which are powerful anti-bacterial agents.
Aharon Gedanken and colleagues note that silver already finds wide use as a bacteria fighter in certain medicinal ointments, kitchen and bathroom surfaces, and even odor-resistant socks. Recently, scientists have been exploring the use of silver nanoparticles — each 1/50,000 the width of a human hair — as germ-fighting coatings for plastics, fabrics, and metals. Nanoparticles, which have a longer-lasting effect than larger silver particles, could help overcome the growing problem of antibiotic resistance, in which bacteria develop the ability to shrug-off existing antibiotics. Paper coated with silver nanoparticles could provide an alternative to common food preservation methods such as radiation, heat treatment, and low temperature storage, they note. However, producing "killer paper" suitable for commercial use has proven difficult.
The scientists describe development of an effective, long-lasting method for depositing silver nanoparticles on the surface of paper that involves ultrasound, or the use of high frequency sound waves. The coated paper showed potent antibacterial activity against E. coli and S. aureus, two causes of bacterial food poisoning, killing all of the bacteria in just three hours. This suggests its potential application as a food packaging material for promoting longer shelf life, they note.
BETTER LEARNING THROUGH HANDWRITING
Etiquetas: Neurology
Writing by hand strengthens the learning process. When typing on a keyboard, this process may be impaired.
Associate professor Anne Mangen at the University of Stavanger’s Reading Centre asks if something is lost in switching from book to computer screen, and from pen to keyboard.
The process of reading and writing involves a number of senses, she explains. When writing by hand, our brain receives feedback from our motor actions, together with the sensation of touching a pencil and paper. These kinds of feedback is significantly different from those we receive when touching and typing on a keyboard.
Together with neurophysiologist Jean-Luc Velay at the University of Marseille, Anne Mangen has written an article published in the Advances in Haptics periodical. They have examined research which goes a long way in confirming the significance of these differences.
An experiment carried out by Velay’s research team in Marseille establishes that different parts of the brain are activated when we read letters we have learned by handwriting, from those activated when we recognise letters we have learned through typing on a keyboard. When writing by hand, the movements involved leave a motor memory in the sensorimotor part of the brain, which helps us recognise letters. This implies a connection between reading and writing, and suggests that the sensorimotor system plays a role in the process of visual recognition during reading, Mangen explains.
Other experiments suggest that the brain’s Brocas area is discernibly more activated when we are read a verb which is linked to a physical activity, compared with being read an abstract verb or a verb not associated with any action.
“This also happens when you observe someone doing something. You don’t have to do anything yourself. Hearing about or watching some activity is often enough. It may even suffice to observe a familiar tool associated with a particular physical activity,” Mangen says.
Since writing by hand takes longer than typing on a keyboard, the temporal aspect may also influence the learning process, she adds.
The term ‘haptic’ refers to the process of touching and the way in which we communicate by touch, particularly by using our fingers and hands to explore our surroundings. Haptics include both our perceptions when we relate passively to our surroundings, and when we move and act.
There is a lot of research on haptics in relation to computer games, in which for instance vibrating hand controls are employed. According to Mangen, virtual drills with sound and vibration are used for training dentists.
But there has been very little effort to include haptics within the humanistic disciplines, she explains. In educational science, there is scant interest in the ergonomics of reading and writing, and its potential significance in the learning process.
Mangen refers to an experiment involving two groups of adults, in which the participants were assigned the task of having to learn to write in an unknown alphabet, consisting of approximately twenty letters. One group was taught to write by hand, while the other was using a keyboard. Three and six weeks into the experiment, the participants’ recollection of these letters, as well as their rapidity in distinguishing right and reversed letters, were tested. Those who had learned the letters by handwriting came out best in all tests. Furthermore, fMRI brain scans indicated an activation of the Brocas area within this group. Among those who had learned by typing on keyboards, there was little or no activation of this area.
“The sensorimotor component forms an integral part of training for beginners, and in special education for people with learning difficulties. But there is little awareness and understanding of the importance of handwriting to the learning process, beyond that of writing itself,” Mangen says.
She refers to pedagogical research on writing, which has moved from a cognitive approach to a focus on contextual, social and cultural relations. In her opinion, a one-sided focus on context may lead to neglect of the individual, physiological, sensorimotor and phenomenological connections.
Within the field of psychology, there is an awareness of the danger of paying too much attention on mentality. According to Mangen, perception and sensorimotor now play a more prominent role.
“Our bodies are designed to interact with the world which surrounds us. We are living creatures, geared toward using physical objects - be it a book, a keyboard or a pen - to perform certain tasks,” she says.
Being a media and reading researcher, Anne Mangen is a rare bird within her field of study. And she is very enthusiastic about her collaboration with a neurophysiologist.
“We combine very different disciplines. Velay has carried out some very exciting experiments on the difference between handwriting and the use of keyboards, from a neurophysiologic perspective. My contribution centres on how we – as humans with bodies and brains – experience the writing process, through using different technologies in different ways. And how these technologies’ interfaces influence our experience,” she concludes.
(Photo: University of Stavanger)
University of Stavanger
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Christianity and Empire
John B. Cobb, Jr., Ph.D. is Professor of Theology Emeritus at the Claremont School of Theology, Claremont, California, and Co-Director of the Center for Process Studies there. His many books currently in print include: Reclaiming the Church (1997); with Herman Daly, For the Common Good; Becoming a Thinking Christian (1993); Sustainability (1992); Can Christ Become Good News Again? (1991); ed. with Christopher Ives, The Emptying God: a Buddhist-Jewish-Christian Conversation (1990); with Charles Birch, The Liberation of Life; and with David Griffin, Process Theology: An Introductory Exposition (1977). He is a retired minister in the United Methodist Church. His email address is cobbj@cgu.edu..
This essay was presented to a conference on American Empire at Drew Theological Seminary, September 25, 2003. This material was prepared for Religion Online by Ted and Winnie Brock.
Dr. Cobb gives specific ways in which we as Americans can overcome our desire for empire — the imposition of our will on others militarily and territorially.
Christianity is a religious tradition with many strands and many potentialities for expression. Tonight I will highlight some of the strands that support empire and some that oppose it. I need hardly say that I regard the latter as more authentically Christian. I say this because I am a Pauline Christian who reads the Bible Christocentrically and understands Christ in light of the Jesus of the synoptic gospels. But let us consider first some of the strands that support empire. I shall use that term broadly to mean imposition of the will of one people on others expressing itself militarily and territorially when appropriate.
I will begin with the Jewish scriptures. There can be no question that Yahweh, like other tribal deities was understood in some of these scriptures as a warrior God. He was worshipped because of the victories into which he had led the people of Israel. When Israel was defeated and subjugated, many of the Hebrews understood that God had abandoned them and they begged God to return to lead them again to victory over their enemies.
The greatest achievement of Yahweh was the overthrow of the Egyptians that allowed the Hebrews to escape and the displacement of the Canaanites from their land. The former shaped the sense of being the Chosen People, and the latter shaped the permanent claim to Palestine. These are both influential in contemporary Israeli policy in justifying taking much of Palestine away from the Palestinians and maintaining political and military control over the land remaining to them.
In the Jewish scriptures the most obvious support of empire relates to David. His conquests are celebrated and the Davidic period is looked back upon with nostalgia as the time of Israel’s greatness. His military success indicated that he had won God’s favor. Much of the Messianic expectation was oriented to the notion of restoring this greatness.
Christians took over much of this heritage. We identified the warrior God as our God, and when we came into political power we frequently claimed God’s support for military conquests. In Israel the full imperial implications of its heritage had been muted in that, for the most part, even when it came to understand its God as the God of all, Israel was not committed to drawing others into its status as the Chosen People. In Christianity, on the other hand, this restriction was removed. The Christian goal was to convert all people. This universalistic thrust, by the time of Charlemagne, justified the use of armies to extend the power of the church. Later, much of the conquest of the New World by Christian Europe was justified, and partly motivated, by this goal of baptizing all people. Even where conversion remained voluntary, there was often a close connection between Christian missions and colonial powers in Africa and much of Asia.
Christians took over the claim to be the chosen people. Theologically this should have been applied to Christians as a whole, but in fact, in addition, it was applied to ethnic groups. Northern Europeans, in particular, considered themselves as shouldering the white man’s burden. The most extreme case has been that of the American people. We have believed that we are a unique people with a unique calling. In itself that might not be entirely favorable to empire, but in fact it has been. Our conquest and near genocide of the native peoples of this continent seemed right to us because of our special divine call. Our enslavement of millions of Africans did not greatly disturb our conscience because it was part of the building of this special nation. Our imposition of our will on Latin America, we assumed, was for the good of its inhabitants. In short, our sense of our national virtue was unassailable.
Most Americans in the past did not approve of empires. We thought that all peoples should be free to set their own destiny, as we had, when we won our freedom from the British Empire. Accordingly, we did not think of our settlement of this country or of our extension of power throughout the hemisphere and beyond as imperial projects. In fact, we often supported colonial empires against revolutions for the freedom of the people, but this did not alter our self-image. Even now, when the talk of American empire is widespread, we assume that because of our special character, unlike other empires, ours will be benevolent. This has long been described as the belief in American exceptionalism, and its heritage from the idea of an elect people is historically evident.
The use of force in the cause of evangelism roots in part in the understanding of God and God’s relation to the world. The Jews strongly affirmed the great power of God, and often thought of this power as coercive. Nevertheless, in the Hebrew Scriptures there is no clear notion of omnipotence. The stories are told in a way that suggests that human beings and other creatures also had power that was partly independent of God’s. They depict some kind of negotiation between God and people. Still, they include elements of unilateral coercion. This opened the way to affirming the use of coercive power by humans as well. This idea was transmitted to Christianity and greatly developed and accentuated.
By the time Christianity appeared, Jewish scholars in the Hellenistic world had begun to use the name "Pantocrator" for God. This meant ruler over all. The Septuagint, a product of Hellenistic Jewish scholarship used Pantocrator, chiefly in Job, to translate, or actually to replace, the proper name of God, Shaddai. This intensified the tendency to celebrate God primarily in terms of God’s power over the world.
Although the Septuagint was used in Greek-speaking Jewish congregations, for Jews, it remained secondary to the Hebrew Scriptures. It gradually ceased to be widely used. Among Christians, however, it was for some time the Bible, supplemented increasingly by the writings that became the Christian New Testament.
The next step was to translate the Bible into Latin for the Western church. This was done by Jerome. In regard to the understanding of divine power, he made two fateful decisions. First, he translated Shaddai, not as ruler of all, but as the omnipotent. And, second, for consistency’s sake he did so wherever it appeared. The resulting Vulgate was the Bible of the Western church for a thousand years and continues to be authoritative for Roman Catholics. English translations to this day follow Jerome’s lead by reading "the Almighty" wherever Shaddai appears. El Shaddai is rendered "God Almighty." Since Shaddai and El Shaddai appear frequently in Genesis and Exodus in many familiar stories, the idea that the biblical God is chiefly characterized as almighty became deeply entrenched in the imagination of Christendom, especially in the West. This has been reinforced by the first phrase of the Apostles Creed, rendered in English as: "I believe in God the Father Almighty." "The Almighty" is the most common verbal substitute for God. Many of the standard liturgical prayers are addressed to "Almighty God."
So strong is the identification of God with omnipotence, that much theology has long consisted in reasoning from this doctrine, assuming it to be non-negotiable despite its lack of clear biblical warrant. We are all familiar with the standard form in which the problem of theodicy is posed. The really tough-minded theologians have subordinated such other doctrines as those of God’s goodness, justice, and love to that of divine omnipotence.
At an early point in its development, this sense of God as in total control expressed itself and was reinforced by the affirmation of creation out of nothing. Today, at least, it is widely recognized that this idea is not present in the Bible. Hence its great importance in the Christian tradition has other causes. These are to be found directly in controversies in the early church that did not focus systematically on the doctrine of omnipotence. But the result has been closely related to that doctrine. God’s power is most clearly demonstrated when it is exercised in complete independence of any medium or other power. The ideal form of power is understood to be determination of what happens by pure fiat. The phrase: "Because I say so" says in all.
Two conclusions can be drawn from this understanding of God. One logical deduction is that if God has all the power and determines everything that occurs, then all creatures, including rulers, are powerless. However, such implications are drawn by most thinkers only very selectively. Some do argue that, with respect to our salvation, we are entirely powerless. But few draw the conclusion that what we decide to do makes no difference at all.
The second conclusion, less logical, but more characteristically religious, comes from the imitatio dei. Believers want to embody the traits of the One they regard as supremely admirable. They want to be like the One they worship. If the most notable characteristic of God is unilateral controlling power, then analogous power seems to be a desirable goal for human attainment as well. Human beings, made in the likeness of God, have tended to understand their dominion over other creatures in terms of such unilateral control. The human father has tended to aim at the sort of control in the family that the Heavenly Father is thought to exercise over the world as a whole. The earthly king is likely to emulate the Heavenly King, to whom he owes his exalted position.
Even if such teaching cannot be derived directly from the Bible, the hierarchical understanding that supports it is quite explicit. God is viewed as ruler over the world. God gives Israel a king to rule over all the tribes and then chooses David to succeed. The husband is to rule over his wife and their children. Human beings are to rule over the other creatures.
One can also derive from the Bible, at least from the New Testament, the idea that the salvation of the soul is incomparably more important than the well being of the body. In this case, almost any action at the temporal level is justified if it results in the salvation of the soul. The only condition for this salvation can be understood to be baptism into the church as an expression of acceptance of Jesus as Lord and Savior. If subjugation of people to Christian imperial rule, or even their individual enslavement to Christian masters, furthers the goal of their eternal salvation, the earthly injustice and suffering cannot compare to their eternal betterment.
I assume this is enough, or more than enough, to show how and why Christians have appealed to their tradition to justify imperial policies and to affirm the sorts of value systems that support empire. The Bible and the tradition give support to such attitudes and such policies.
However, the Bible also offers a sharp critique of such attitudes and such policies, and it provides an alternative vision. As I have already indicated, I take this to be the deeper meaning of both Testaments and, certainly, of the revelation Christians find in Jesus. I will speak briefly, first, of the Hebrew Scriptures.
The biblical narrative emphasized that God’s favor is typically shown to those who are not first in line by worldly standards. God typically does not choose the oldest sons. God chose Israel when it was a people of slaves in Egypt. Worldly power is not the criterion of standing before God. Faithfulness to the covenant God established with Israel is.
Although God is certainly admired as a warrior who leads armies into battle, God is far more centrally the giver of the law. This law is complex, but overall it is designed to achieve shalom, a combination of peaceful order, responsible community, and justice. It is summed up in the call to love God with all one’s heart, mind, and soul and one’s neighbor as oneself. Again and again it measures the degree of success by what happens to the marginalized members of society, the widows and orphans and the stranger in the midst.
The law includes provisions that, if followed, would prevent extreme inequalities from arising. These may not have been implemented often, or even ever, but they show the intent of the law. The prophets picked up on this ideal, protesting the concentration of wealth and power in a few hands. For them justice and righteousness were far more central in the understanding of God than God’s military prowess or God’s favoritism toward Israel. The latter would express itself in Israel’s becoming a light to the nations, not the center of an empire.
Throughout the time of the diaspora this message of the centrality of justice continued. When Jews became able to play a role in dominantly Christian societies, their voices were raised disproportionately on behalf of the poor and powerless. The Zionist ideal was partly to provide a safe haven for Jews whose position in Christian countries was precarious, but it was also the vision of a just state that could, indeed, be a light to the nations. Even today there are many Jewish voices in Israel and elsewhere risking much in order to call for justice to the Palestinian people.
The challenge to imperial values was even more pronounced in Jesus. His understanding of God placed gracious love in the center. For him, for one to be like God was to live in gracious love to the neighbor. Jesus may be charged with having given unrealistic commandments, but no one can deny that they are oriented to peace and generosity, not to self-aggrandizement and gaining power over others. He looks forward to a world ruled by God, but the kind of rule depicted is not that of an emperor who punishes his enemies and rewards those who obey him, but of a father who forgives and loves all. If there are to be rewards and punishments, they are meted out according to the loving care we take of one another.
Although Jesus did not directly challenge Roman authority, his message was deeply antithetical to it. This resulted in his crucifixion. Discipleship to one whom the empire had executed was equally subversive of the imperial ethos. The crucified Jesus, not Caesar, was said to be lord. The implications for the way people relate to one another and to the wider society were radical. The empire recognized the threat and persecuted Christians.
In the New Testament, even more clearly than in the Hebrew Scriptures, the nature of true power is redefined. Jesus rejects the temptation to call on heavenly forces to defeat his enemies. Instead, he exercises the power of teaching and example to bring into being a transformation of life and community. It is by being crucified that Jesus draws people to himself.
In the New Testament, even more clearly that in the Hebrew Scriptures, the worldly hierarchy is turned upside down. The first shall be last and the last shall be first. The widow who gives her mite is more generous than the rich who give large amounts. Prostitutes and tax collectors will enter the realm of God before those who are regarded as virtuous. We must become as children if we would enter. This realm is closed to the rich. The cross, which was used by the empire as the ultimate instrument of shame became the symbol of God’s suffering love.
In Paul’s words, "God chose what is foolish in the world to shame the wise; God chose what is weak in the world to shame the strong; God chose what is low and despised in the world." (I Cor. 27-28)
Overwhelmingly the teaching of both Jesus and Paul counts against any resort to violence or coercion. That is not the way God deals with us. It is not the way we are to deal with one another.
There is one book in the New Testament that suggests rejoicing in the suffering of enemies of the faith. That is the book of Revelation. But this is also the most anti-imperial book of all. It contrasts the Roman Empire most dramatically with the lamb who was slain from the foundations of the world, and it is of course the lamb who is worthy of honor.
Surely the predominant message of the New Testament condemns the lust for power over others and any use of violence to obtain such power. It certainly does not sanction the use of force to get people to accept Jesus as savior. It consistently condemns the ways of the rich and powerful and the whole value system that gives them status and prestige.
Among the many who agree that the message of the New Testament stands in stark opposition to the imperial project, there remain acute problems. The New Testament was written about and by politically powerless people. Hence there is a marked contrast with the Hebrew Scriptures, which contain laws that are intended to govern the behavior of a nation. The Hebrew Scriptures take for granted the use of force in implementing earthly rule and defending the nation against external threats.
When Christians come to dominance in a nation, they must find ways to govern. They cannot eschew force altogether. It seems unlikely that they can avoid accepting many of the patterns of value against which Jesus and Paul protested. The history of compromise shows the reluctance of the church to give in completely to imperial values, but the course of events is not reassuring with respect to the practical possibility for those who have political responsibilities to be disciples of Jesus.
Let us consider the present options in U.S. foreign policy. The two main alternatives are the idealism of the neo-cons and the focus on national interest of the realists. Simply putting it that way, it seems that Christian should prefer the neo-cons, and many do. They want the United States to use this unique opportunity to exert its power so as to bring about a world of democratic states so subordinate to U.S. power that war among them will become unthinkable. In short, the American task is to bring shalom to the whole world.
The realists, on the other hand, believe that the United States should intervene elsewhere in the world only when vital interests of our nation are involved. Then we should do so in ways that cost us as little as possible. This means that alliances are important, and compromises should be made as needed to sustain these alliances. The question of whether our allies or others have democratic forms of government is important only if we believe that democracies are more likely to support us. When that is not the case, we are quite willing to work with authoritarian governments and support them in the suppression of democratic movements.
For disciples of Jesus simply to side with the realists against the neo-cons does not make much sense. Yet in our zeal to end the reign of the neo-cons, that has tended to be our goal. We seem to prefer a less self-avowed American empire, working for our interests, and using idealistic rhetoric only as it suits our purposes, to one that states its idealistic goals clearly and seeks the good of the whole world.
Those of us who agree that as Christians we must oppose the neo-cons are driven to think again about the practical meaning of discipleship in the United States. When we do so, we see that we must refuse to choose between these two options. We cannot accept the idea that the world’s most powerful nation should exercise its power only for its own sake. Of course, if its self-interest is highly enlightened the consequences need not be bad for others. Hence, much can be done within these boundaries. But self-interest that is not held in tension with wider commitments tends to become narrower and narrower. Christians must seek an alternative.
On the other hand, we must oppose the idea that one nation can achieve the good of the whole by imposing its will on all. This extreme doctrine of American exceptionalism has no historical justification. It certainly did not work for Native Americans. It certainly has not worked for Latin Americans. The expectation that others will welcome us as messianic liberators is naïve and has been proven false. The enormous amount of violence employed in implementing this idealistic vision will call forth more violence rather than bring the peace that is its goal. The neo-cons are not wrong to be idealistic. But devotion to ideals that are misguided, and practice based on erroneous assessment of the situation are profoundly destructive and dangerous as we Christians have demonstrated over and over, notably in five hundred years of Crusades.
What alternative can there be? I suggest that our primary concern should be to enable all peoples to have a say in their own governments and in how all the nations of the world should work together. That may be utopian, but it is realistic as a direction. We should not focus on universalizing the forms of Western democracy, which we have often been able to manipulate to support the interests of our corporations. But we should be deeply concerned about the reality of popular participation in shaping governments that serve the people. We should be concerned about the fate of minorities within such countries.
We should support moves toward regional organizations that can deal with many of the problems of the nations that make them up and can impose considerable order and freedom from the fear of international war. The European Union is the great accomplishment of they type thus far. For example, the United States and the European Union, among others, should cooperate in strengthening the Organization of African States so that Africa can deal with more of its own problems. That would not preclude its calling on global institutions such as the United Nations for assistance, but what outside assistance is desired, and when, should be decided by Africans, not in Washington.
As multiple regional organizations come into being, we can encourage and support the growth of institutions that represent all of them and/or the nations that make them up at the global level. This level is already crucial for more and more problems and will become more so. Its institutions need to be empowered to deal with these problems even at the cost of considerable sacrifice of national and regional sovereignty. I think of this as a community of communities of communities. In general I support the traditional Catholic doctrine of subsidiarity. Problems should be dealt with on as small a scale as possible. I would like to see the global economy move in this decentralizing direction. But I recognize that there are extreme limits to how far this can go with respect to either the economy or governance as the world grows smaller. We need strong global institutions that can adjudicate issues at that level and enforce decisions.
Is this a more Christian view? I think so. It does not propose to end violence, but it does not depend on violence for its implementation. It reduces the international activities that provoke violence. It tends to empower people rather than to disempower them. Recognizing that no order of society will put an end to the lust for power over others and the use of power to exploit, it contains checks and balances. It leaves open for endless consideration and reconsideration the question of how much abuse of power or mutual destruction can be tolerated in one area before a wider community intervenes.
A world ordered in such a way will be a long way from the realm of God proclaimed by Jesus. It will continue to be full of oppression, exploitation, corruption, and violence. Still I believe it can provide more possibility for a sustainable global society than can other proposals. Such a goal would give practical direction to our national policies in ways quite different from either the neo-cons or the realists.
Alfred North Whitehead suggested that moral progress in the world consists in achieving patterns of order which make it more possible for more people to live more nearly in accordance with Jesus’ vision. I hope that the direction I propose would move us forward, a little bit, along the line of progress thus indicated. The other options with which I am familiar seem to move us in the opposite direction.
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City Prime-time Programming Highlights: Monday, May 11 to Sunday, May 17
– Oscar® nominees Matt Dillon (Crash), Terrence Howard (Empire), and Juliette Lewis (August: Osage County), and Oscar® winner Melissa Leo (The Fighter), star in the new limited drama, Wayward Pines –
– Fiction meets fact the in the mind-bending one-hour television event, Mind Control –
– Olivia and the Gladiators try to take down Command, Jake and Amy go undercover, and Sue graduates on the season finales of Scandal, Brooklyn Nine-Nine, and The Middle, respectively –
Below is a chronological listing of detailed highlights for May 11 to 17. All programming is subject to change.
Images available at RogersMediaTV.ca
2 Broke Girls (s/CBS): 8 p.m. ET/PT, 9 p.m. MT, 7 p.m. CT
“And the Grate Expectations”
Max (Kat Dennings) and Caroline (Beth Behrs) help launch the new branch of The High at JFK airport, and Sophie (Jennifer Coolidge) discovers that Oleg (Johnathon Kite) may have an ulterior motive for wanting to marry her.
Mike & Molly (s/CBS): 8:30 p.m. ET/PT, 9:30 p.m. MT, 7:30 p.m. CT
“Near Death Do Us Part”
After Carl (Reno Wilson) has a near-death experience while on duty, he tells Mike (Billy Gardell) he’s going to propose to Victoria (Katy Mixon). But can Mike keep a secret?
Hell’s Kitchen (s/FOX): 8 p.m. ET/PT, 9 p.m. MT, 7 p.m. CT
“8 Chefs Compete Again”
The remaining eight chefs face one of Hell's Kitchen's most popular challenges – the blind taste test.
Mind Control: Tuesday, May 12at 9 p.m. ET/PT,10 p.m. MT, 8 p.m. CT
**One-Hour Television Event**
Turn on the TV, operate machinery, even lift a truck… with only the power of your mind. What was once science fiction is now reality in the one-hour television event Mind Control. Combining cutting-edge EEG Technology, which measures and translates brainwaves into action, with mental focus and strength, five teams of two will go head-to-head in a series of mental and physical challenges – from controlling objects to harnessing enough mind power to lift another person off of the ground – for a chance to take home the grand prize of $10,000 and the ultimate title of “Mind Control Masters.”
The Middle (s/ABC): 8 p.m. ET/PT, 9 p.m. MT, 7 p.m. CT
**Season Finale**
Sue (Eden Sher) prepares for her graduation and worries the day won't go perfectly. Meanwhile, Brick (Atticus Shaffer) gets the opportunity to skip a year in school; and Axl (Charlie McDermott) grows concerned about the fun summer pictures Devin (recurring guest star Gia Mantegna) posted on social media.
Modern Family (s/ABC): 9 p.m. ET/PT, 10 p.m. MT, 8 p.m. CT
“Crying Out Loud”
Claire (Julie Bowen) gets a job offer from a big hotel chain, but can't tell if Jay (Ed O’Neill) wants her to take it or keep working for him. Meanwhile, Phil (ty Burrell), Haley (Sarah Hyland), and Luke (Nolan Gould) are more interested in Alex's (Ariel Winter) senior "ditch day" than she is.
Black-ish (s/ABC): 9:30 p.m. ET/PT, 10:30 p.m. MT, 8:30 p.m. CT
Dre (Anthony Anderson) and Bow (Tracee Ellis Ross) don’t know what to do when Junior (Marcus Scribner) tells them he’s become a Republican.
Cougar Town: 8 p.m. ET/PT, 9 p.m. MT, 7 p.m. CT
**Series Finale on City**
“Mary Jane’s Last Dance”
It’s Jules's (Courteney Cox) birthday, but Grayson (Josh Hopkins) hopes to prevent her from calling the shots like she always does – a task that isn't made any easier by all the changes in everyone's lives.
Wayward Pines (s/FOX) 9 p.m. ET/PT, 10 p.m. MT, 8 p.m. CT
**Series Premiere**
“Where Paradise Is Home”
Oscar® nominee Matt Dillon, Crash) drives to the picturesque town, searching for two missing federal agents. But everything changes when a truck slams into his car and he wakes up in the Wayward Pines Hospital, with the unorthodox Nurse Pam (Oscar® winnerMelissa Leo, The Fighter) at his bedside. Among the other residents Ethan comes to meet are Beverly (Oscar® nominee Juliette Lewis, August: Osage County), a bartender who is as wary of Wayward Pines as he is; and Sheriff Arnold Pope (Oscar® nominee Terrence Howard, Empire), who takes issue with a Secret Service agent showing up on his turf.Imagine the perfect American town – beautiful homes, manicured lawns, children playing safely in the streets. Now imagine never being able to leave. You have no communication with the outside world. You think you’re going insane. You must be in Wayward Pines. The 10-episode, intense psychological thriller, evocative of the classic hit Twin Peaks, begins as Secret Service Agent Ethan Burke (
But as Ethan’s investigation continues, the mysteries within the town pile up and he begins to question his own sanity. Becoming more distant from the life he knew as a husband and father, he is faced with the horrifying reality that he may never make it out of Wayward Pines alive.
Scandal: 10 p.m. ET/PT, 11 p.m. MT, 9 p.m. CT
“You Can’t Take Command”
Olivia (Kerry Washington) and her team make bold moves in order to defeat Command. Meanwhile, the results come in for Mellie's (Bellamy Young) election.
Brooklyn Nine-Nine: 8 p.m. ET/PT, 9 p.m. MT, 7 p.m. CT
Jake's (Andy Samberg) streak of bad luck makes him think that he's got an enemy, so Holt (Andre Braugher) asks Amy (Melissa Fumero) and Rosa (Stephanie Beatriz) to investigate. Meanwhile, Gina's (Chelsea Peretti) insulted when Holt makes light of her dance troupe; and Charles (Joe Lo Truglio) works a case with Scully (Joel McKinnon Miller) and Hitchcock (Dirk Blocker) in Jake's absence.
Brooklyn Nine-Nine: (s/FOX) 8:30 p.m. ET/PT, 9:30 p.m. MT, 7:30 p.m. CT
“Johnny & Dora”
Jake (Andy Samberg) and Amy (Melissa Fumero) go undercover to take down the borough's most infamous identity thief. Meanwhile, the members of the precinct are floored by a surprise farewell.
Shameless: 10 p.m. ET/PT, 11 p.m. MT, 9 p.m. CT
**Season Premiere on City**
“El Gran Canon”
The shameless Gallaghers are back. As Fiona (Emmy Rossum) scrounges for cash, Lip (Jeremy Allen White) gets arrested and Frank (William H. Macy) wakes up in Mexico – with no money or passport.
A leader in multiplatform offerings, City delivers full episodes and exciting extras from hit programming on Citytv.com, available next day, post-broadcast. Fans can also catch up on their favourite series on Rogers on Demand, Rogers Anyplace TV, and with the free City Video App for iPad, iPhone, and iPod touch available on iTunes Canada. City’s premium content is also available on the City Video Mobile App for Android available at the Google Play Store.
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City™ television stations in Toronto, Vancouver, Calgary, Edmonton, Winnipeg, Montreal and Saskatchewan offer viewers intensely-local, urban-oriented, culturally-diverse television programming. A distinct alternative to other conventional television stations, City engages its viewers with dynamic on-air personalities and delivers an entertaining mix of news, local-interactive formats such as: Breakfast Television and Cityline; as well as local Canadian and US acquired prime time entertainment programming. City is a part of Rogers Broadcasting Limited, a division of Rogers Communications Inc. (TSX: RCI and NYSE: RCI) which is a diversified Canadian communications and media company. For more information on City stations and programming, visit Citytv.com.
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Last updated: 17 Mar, 2016
Idea Covers 10 Telecom Circles with its World Class 4G Services
NewsVoir | 16 Mar, 2016
Idea Cellular, one of the largest Indian telecom operators, today announced the launch of its high speed 4G LTE services across 28 towns of its leadership market Maharashtra & Goa, covering major towns of Nagpur and Ahmednagar. With this launch, the company has delivered on its promise to launch its 4G LTE services in 10 circles within FY16, which covers 50% of Indian Mobility market but over 60% of Ideaâs revenue.
Starting Dec 23rd, 2015 Idea rolled out its 4G LTE services in 4 circles of south - Andhra Pradesh & Telangana, Karnataka, Kerala and Tamil Nadu & Chennai, 3 major circles of north â Madhya Pradesh & Chhattisgarh, Punjab and Haryana in February, followed by extension of services to 2 other circles Orissa and North East, and now in Maharashtra and Goa. Presently available in over 300 towns, Idea aims to exit FY16 with its 4G LTE services covering over 550 towns in these 10 circles, and plans to extend the 4G footprint to over 750 towns by June 2016.
Commenting on the successful rollout of services, Mr. Ambrish Jain, Deputy Managing Director, Idea Cellular said, âBeginning Dec 23, we have rapidly expanded our 4G LTE services in these 10 markets in a record time frame of just 3 months. We have revised our capex guidance for financial year 2016 from Rs.65 billion to Rs.75 billion mainly on account of accelerated 4G capex and associated fiber rollout and are fully geared up now to grow our presence, strengthen our portfolio and make more people join the digital bandwagon.â
Idea is the fastest growing telecom operator with an overall RMS of 18.9% as of Q3FY16 report of TRAI. Idea has 6.1 million 4G devices, nearly 6% of its subscriber base in these 10 telecom service areas, registered on its network. In comparison, on an All India basis, Idea has nearly 48.6 million customers owning 3G devices (approx. 28% of EoP) and over 9.8 million customers with 4G devices (approx. 5% of EoP).
Commenting on the partnerships and marketing campaign, Mr. Sashi Shankar, Chief Marketing Officer, Idea Cellular said, âWe have taken a holistic approach in order to increase the uptake of this high speed mobile data offering called 4G LTE. Partnerships with leading content aggregators, smartphone vendors, Ecommerce biggies and the launch of our customized 4G website is our first step ahead in the direction of augmenting the usage of mobile data services. With the rapid expansion currently taking place, we will soon be rolling out a nation-wide, 360 degree 4G marketing campaign to up the level of engagement with the target group.â
About IDEA Cellular
IDEA Cellular is Indiaâs 3rd largest national mobile operator, with over 170 million subscribers. With traffic in excess of 2 billion minutes a day, Idea ranks among the Top 6 country operators in the world. Using the latest in technology, Idea provides world-class service delivery through the most extensive network of customer touch points. Idea is listed on the National Stock Exchange (NSE) and the Bombay Stock Exchange (BSE) in India.
Idea was recognized as the Outstanding Company of the Year at CNBC TV18 India Business Leader Awards 2015, voted by investors as one of Asiaâs Best Companies in 2015 by Finance Asia in the categories of Best Managed Public Companies, Corporate Governance & Investor Relations. Brand Idea continued to win accolades for its marketing & advertising prowess in 2015. Ideaâs âNo Ullu Banaoingâ campaign has won marketing effectiveness and strategy awards nationally and at the APAC region, the Jay Chiat Award in New York along with WARC Grand Prix in Asia.
IDEA Cellular is an Aditya Birla Group Company, India's first truly multinational corporation. The Group ranks Number 4 globally and Number 1 in the Asia Pacific in the 2011 Top Companies for Leaders (TCFL) study conducted by Aon Hewitt, Fortune (the Global Business Magazine) and the RBL Group. It operates in 36 countries, and is anchored by more than 120,000 employees belonging to 42 nationalities. More information on Idea Cellular is available at www.ideacellular.com and on the Aditya Birla Group at www.adityabirla.com
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Ill. judge grants CPCs' request to block referral rule
An Illinois judge on Tuesday ruled that the state cannot require a group of clinics to follow an amendment (PA 099-0690) to the state's Health Care Right of Conscience Act while the group's lawsuit against the amendment continues, the Chicago Tribune reports (Schencker, Chicago Tribune , 12/21).
Law details
The amended law is scheduled to take effect on Jan. 1, 2017.
The amendment changes the state's Health Care Right of Conscience Act, which allows institutions and employees to refuse to provide certain services because of ethical and religious reasons. According to experts, objections under the law can include opposition to providing contraception, gender transition-related care or certain end-of-life services. Specifically, the law requires health care providers to share information about other health care facilities with a patient in writing, or refer or transfer the patient to that facility.
Health care providers would only have to provide the information if a patient requested the denied service. Under the law, health care providers are not required to confirm that other facilities provide the unmet services; they only need to have "reasonable belief" that they do.
The change applies to all health care facilities in the state. However, the law has particular relevance for Catholic-affiliated hospitals, which handle about 25 percent of all admissions in the state.
In August, after Illinois Gov. Bruce Rauner (R) signed the amendment, two crisis pregnancy centers (CPCs) and a physician who opposes abortion rights filed suit over the legislation. The Alliance Defending Freedom (ADF) filed the lawsuit on behalf of Pregnancy Care Center, a CPC in Rockford, Illinois; Aid for Women, a Chicago-based not-for-profit that operates six CPCs and two residential programs; and Anthony Caruso, a physician who works at A Bella Baby OBGYN and serves as medical director for several CPCs in the state.
The lawsuit seeks to bar the state from penalizing any physician or medical center staff member who opts not to comply with the amended law because of their personal objection to abortion rights.
In October, ADF filed a separate lawsuit in U.S. District Court on behalf of the National Institute of Family and Life Advocates, Tri-County Crisis Pregnancy Center, the Life Center, Mosaic Pregnancy & Health Centers and Tina Gingrich, a physician who works at the Maryville Women's Center and serves as the medical director of Mosaic. An initial hearing in that lawsuit is scheduled for next month.
Earlier this month, Judge Eugene Doherty heard oral arguments in the lawsuit involving Pregnancy Care Center, Aid for Women and Caruso.
During the arguments, Matt Bowman, the lawyer representing the plaintiffs, claimed that the amended law violates antiabortion-rights providers' right to free speech. In addition, he claimed the state had not adequately demonstrated that women are harmed by not receiving such information from their providers.
Assistant Attorney General Sarah Newman defended the amended law. She explained that "[t]he statute ... is only triggered if the person asks for the information." Further, Newman said professional speech can be regulated. According to Newman, the law was amended "to make sure that the patient's rights are not trampled on because of ... religious objection[s]" ( Women's Health Policy Report , 12/12).
In court documents, the state detailed how patients could be harmed if the law is not enforced. "If providers send patients away without all of the relevant information about their condition, patients may not know that they should seek additional information from another provider," state attorneys wrote, adding, "Patients generally believe that their doctors are telling them everything, and therefore may not know that they should ask about additional treatment options."
For instance, attorneys in the documents wrote that a woman with a life-threatening ectopic pregnancy might not know that an abortion is necessary to save her life, while a teenager who has been raped might not be informed about the availability of emergency contraception ( Chicago Tribune , 12/21).
Ruling details
On Tuesday, Doherty temporarily blocked the amended law, ruling that the plaintiffs "raised a fair question as to whether their right to be free from government compelled speech is violated."
The order will remain in place until the case is decided or superseded by a new court order ( AP/Sacramento Bee , 12/21). The order does not bar the state from enforcing the rule against providers not involved in the lawsuit.
Separately, Gretchen Borchelt, vice president for reproductive rights and health at the National Women's Law Center, defended the amendment, noting that Illinois' law allowing providers to refuse abortion care is one of the broadest of its kind in the country. "It's fair to characterize Illinois and this circumstance as unique," she said ( Chicago Tribune , 12/21).
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Euro coins »
Euro news and basics (Moderator: Bimat) »
Results of tenders for production of Dutch coins
Author Topic: Results of tenders for production of Dutch coins (Read 1450 times)
eurocoin
Technical posts member
The Dutch National Bank has informed me that they awarded the tender for the production of Dutch circulation coins to the Royal Dutch Mint. It is the first time that a tender is being held for the production of Dutch coins. The tender is for the production of circulation coins from 2020 up to and including 2024.
In November 2016, the Dutch government sold its shares Royal Dutch Mint to Heylen Group. Part of the deal was that the Royal Dutch Mint could continue to produce the Dutch coins until 2020.
« Last Edit: November 25, 2019, 11:30:02 PM by eurocoin »
Re: Results of tenders for production of Dutch coins
The Dutch National Bank has cancelled the tender for the production of the Dutch collectors coins and other products for collectors as of 2020 because of a lack of interest for it. Dutch National Bank is working hard to get to a short term 'emergency contract' with a mint so that the Netherlands can continue to issue collectors coins and coin sets in 2020.
« Last Edit: November 26, 2019, 12:16:11 AM by eurocoin »
As part of the tender for the Dutch circulation coins, which was awarded to the Royal Dutch Mint, the Ministry of Finance has decided that in case Royal Dutch Mint for some reason is unable to produce circulation coins for the Netherlands, the Dutch circulation coins will be produced at the Mint of Italy IPZS.
As for the production and sale of the collectors coins, coin sets and ducats, the Dutch National Bank has reached an agreement with the Royal Dutch Mint. Royal Dutch Mint will be producing and selling these products in 2020. Next year a new tender will be held for the production and sale of collectors coins, coin sets and ducats as of 2021.
The new tender for the production of Dutch coin sets, euro collectors coins and ducats is currently being held. Interested mints have until April 28 to submit a bid. In contrary to the previous tender, this one specifically mentions that the tender also is for the production of 2 euro commemorative coins.
In an email of earlier today, Royal Dutch Mint wrote that they are planning to produce the Dutch ducats of 2021, so they appear to be interested in this new tender. The tender is for production of these products in the years 2021 up to and including 2024.
The Royal Dutch Mint has won the tender for the production of Collector Coins, Ducats, Circulation Coins for Collectors and Commemorative Coins. They will produce these products for the next 4 years. It was the only bidder on the tender.
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At the end of ‘The Rainbow’
April 11, 2002 12:00 am by Amanda Collins
Known as “The Rainbow” to her teammates, USF senior tennis player Natalie Schwartz has come a long way since beginning the sport.
Schwartz started playing tennis at a very early age.
“My whole family plays tennis. It’s in my blood,” said Schwartz.Her parents met playing tennis and her older brother used to play. Since she first held a racket, Schwartz has always had strength on her side, but she has learned to use her power. Playing through her high school years and in numerous junior tournaments, Schwartz, a native of West Palm Beach, has been on a quest to be the best.
“Natalie is always trying to improve herself,” said Jackie Spicijaric, Schwartz’s teammate. “I’ve known Nat since we were in junior tournaments together. I am (just) glad she is on my team.”Schwartz moved from the No. 4 position last year to the No. 1 position this year.
It seemed to be a natural progression for the ambitious and headstrong player that Schwartz can be on the court.
“I always knew I had what it takes to play No. 1, and I think that Coach (Sherry) Bedingfield could help my game come together,” said Schwartz. “I feel really comfortable playing No. 1. I am always going to play tough players no matter what team it is.”
“I would have to say that Natalie is my most improved player,” Bedingfield said. “There is no choke in Natalie’s stroke. She has always had power. She has worked on her footwork, shot selection, and to beat her opponent with her brain instead of her powerful shot.”
Schwartz used to play soccer and was involved with gymnastics, but tennis seemed to suit her the most.
“(Tennis) is a challenge. I love playing people that may be better than me because I learn from my mistakes. I play better because I want to beat them.”
Bedingfield wanted to recruit Schwartz as early as their first meeting at a state tournament about five years ago.
“I liked her,” Bedingfield said. “I thought she would fit well in the program. It is always good to find strong Florida players.”
USF teammate Genevieve Houle said, “Natalie has had to work really hard to get where she is. I admire that.”
“She’s a fun person to be around, spontaneous and fun. She doesn’t care what people think but when it comes to her game she is very confident. Natalie is focused and always worked hard. She is special.”
Schwartz is studying art history at USF and hopes to teach art someday. But her next assignment is to take on the Florida International Golden Panthers in the Bulls’ regular-season finale Saturday at the USF Varsity Courts.
Amanda Collins covers women’s tennis and can be reached at oraclesports@yahoo.com
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Bulls set to begin Big East Tournament
October 25, 2006 12:00 am by Jeff Szakal
The men’s soccer team opens play in the Big East Tournament tonight, hosting Seton Hall. The Bulls (8-5-4, 4-3-4) are facing the Pirates (9-7-1, 7-4-0) for the first time this season.
“Seton Hall is a good, good team,” coach George Kiefer said. “I think (we) have to not open ourselves up and be sound defensively.”
Defense has been USF’s forte this year. In 17 games, the Bulls have allowed just 14 goals.
The defense, however, will be tested. The Pirates have scored 28 goals this year – third best in the Big East. USF, which has scored just 20 goals, has a record of 1-2-3 against teams that have scored more goals in the season.
“We’ve been working hard, trying to study how they play – what their strengths and weaknesses are,” forward Jordan Seabrook said. “We’ve put together a game plan that should be pretty effective.”
Kiefer believes the Bulls will fare well against the Pirates if the team establishes heightened aggression. In their last game, the Bulls fell behind early and were only able to get one shot in the first half in a 1-0 loss to St. John’s. The remaining five shots for USF occurred in the second half.
“I do always want our guys to feel free to get forward into the attack,” Kiefer said. “I actually reward them for doing that.”
Seabrook, who had seven shots on goal and three goals in the Big East Tournament last year, said the team will be ready to take advantage of whatever chances Seton Hall brings.
“The way (the Pirates) play, we think that they will open up at different times,” Seabrook said. “The flank will be open at certain times with how they defend, and I think once we work it there, the center will also be open. We’re just trying to focus more on playing well on our game and creating chances wherever they may be.”
Seabrook stresses that conference tournament jitters are not a factor.
“I don’t think there’s any jitters there from anybody,” Seabrook said. “We don’t want to come out nervous or scared. We just want to come out playing as hard and focused as possible. Our focus on the team now is as good as it’s ever been.”
The Bulls have only faced the Pirates once all-time. The 2005 meeting resulted in a 3-2 overtime victory for USF against then-No. 16 Seton Hall.
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SG Supreme Court to release decision on referendum today
October 1, 2018 9:50 pm by Maria Ranoni
The SG Supreme Court has denied the referendum once because it was not submitted 15 business days prior to midterm elections. ORACLE PHOTO
Student Government’s (SG) Supreme Court discussed a referendum Monday night that would ask students if they would be willing to pay a $6 to $9 per-credit-hour fee to help finance an on-campus football stadium. The Court is expected to release a decision Tuesday by 5 p.m.
If approved by the Court, the referendum will be on students’ midterm election ballots, allowing them to vote “yes” or “no.” Midterm elections will take place Oct. 9 and 10.
The referendum was denied by the Court on Sept. 21 because SG Senate did not submit it to the Court 15 business days prior to the midterm election. It was instead submitted only 12 business days prior, therefore, not meeting constitutional conformity.
However, at the last Student Government Senate meeting on Sept. 25, a bill was approved that changed this requirement so the Judicial Branch would have five business days to approve a referendum.
Sen. Yusuf Fattah presented the referendum to the Court and explained that it was passed within the correct timeline and would require adherence to the bill that changed this deadline.
“There was a bill that changed the timeline that passed at the beginning of the Senate meeting,” Fattah said. “This (referendum) passed at the end. This (bill) was signed before we voted on this referendum.”
This is a developing story. Stay with The Oracle for updates.
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Title: Icebreaker
Subject: List of museum ships, Timeline of Russian innovation, Voima (1952 icebreaker), Ship, CCGS John G. Diefenbaker
Collection: Icebreakers, Ship Types
Nuclear icebreaker Yamal on her way to the North Pole, 2001
Russian icebreaker Krasin leading an American supply ship into McMurdo Station, Antarctica
An icebreaker is a special-purpose ship or boat designed to move and navigate through ice-covered waters, and provide safe waterways for other boats and ships. Although the term usually refers to ice-breaking ships, it may also refer to smaller vessels, such as the icebreaking boats that were once used on the canals of the United Kingdom.
For a ship to be considered an icebreaker, it requires three traits most normal ships lack: a strengthened hull, an ice-clearing shape, and the power to push through sea ice.[1]
Icebreakers clear paths by pushing straight into ice pockets. The bending strength of sea ice is so low that usually the ice breaks without noticeable change in the vessel's trim. In cases of very thick ice, an icebreaker can drive its bow onto the ice to break it under the weight of the ship. Because a buildup of broken ice in front of a ship can slow it down much more than the breaking of the ice itself, icebreakers have a specially designed hull to direct the broken ice around or under the vessel. The external components of the ship's propulsion system (propellers, propeller shafts, etc.) are at even greater risk of damage than the vessel's hull, so the ability of an icebreaker to propel itself onto the ice, break it, and clear the debris from its path successfully is essential for its safety.[2]
Sailing ships in the polar waters 1.1
Steam-powered icebreakers 1.2
Diesel-powered icebreakers 1.3
Nuclear icebreakers 1.4
Function of icebreakers 2
Characteristics of icebreakers 3
Ice resistance and hull form 3.1
Structural design 3.2
Power and propulsion 3.3
Sailing ships in the polar waters
A 17th-century Russian koch in a museum
Even in the earliest days of polar exploration, ice-strengthened ships were used. These were originally wooden and based on existing designs, but reinforced, particularly around the waterline with double planking to the hull and strengthening cross members inside the ship. Bands of iron were wrapped around the outside. Sometimes metal sheeting was placed at the bows, stern and along the keel. Such strengthening was designed to help the ship push through ice and also to protect the ship in case it was "nipped" by the ice. Nipping occurs when ice floes around a ship are pushed against the ship, trapping it as if in a vise and causing damage. This vise-like action is caused by the force of winds and tides on ice formations. Although such wind and tidal forces may be exerted many miles away, the ice transmits the force.
The first boats to be used in the polar waters were those of the indigenous Arctic people. Their kayaks are small human-powered boats with a covered deck, and one or more cockpits, each seating one paddler who strokes a single or double-bladed paddle. Such boats, of course, have no icebreaking capabilities, but they are light and well fit to carry over the ice.
In the 9th and 10th centuries, the Viking expansion reached the North Atlantic, and eventually Greenland and Svalbard in the Arctic. Vikings, however, operated their ships in the waters that were ice-free for most of the year, in the conditions of the Medieval Warm Period.
Fram in Antarctica in Roald Amundsen's expedition
In the 11th century, Russians started settling the coasts of the White Sea, named so for being ice-covered for over half of a year. The ethnic subgroup of Russians that lived on the shores of the Arctic Ocean became known as Pomors ("seaside settlers"). Gradually they developed a special type of small one- or two-mast wooden sailing ships, used for voyages in the ice conditions of the Arctic seas and later on Siberian rivers. These earliest icebreakers were called kochi. The koch's hull was protected by a belt of ice-floe resistant flush skin-planking (made of oak or larch) along the variable water-line, and had a false keel for on-ice portage. If a koch became squeezed by the ice-fields, its rounded bodylines below the water-line would allow for the ship to be pushed up out of the water and onto the ice with no damage.[3]
In the 19th century, similar protective measures were adopted to modern steam-powered icebreakers. Some notable sailing ships in the end of the Age of Sail also featured the egg-shaped form alike that of Pomor boats, for example the famous Fram, used by Fridtjof Nansen and other great Norwegian Polar explorers. Fram is said to be the wooden ship to have sailed farthest north (85°57'N) and farthest south (78°41'S), and perhaps the strongest wooden ship ever built.
Steam-powered icebreakers
City Ice Boat No. 1 at the Delaware River
An early ship designed to operate in icy conditions[4] was a 51-metre (167 ft) wooden paddle steamer, City Ice Boat No. 1, that was built for the city of Philadelphia by Vandusen & Birelyn in 1837. The ship's wooden paddles, powered by two 250-horsepower steam engines, were reinforced with iron coverings.[5]
With its rounded shape and strong metal hull, the Russian Pilot of 1864 was an important predecessor of modern icebreakers. Built on the orders of merchant and shipbuilder Mikhail Britnev, it had the bow altered to achieve an ice-clearing capability (20° raise from keel line). This allowed the Pilot to push itself on the top of the ice and consequently break it. Britnev fashioned the bow of his ship after the shape of old Pomor boats, which had been navigating icy waters of the White Sea and Barents Sea for centuries. Pilot was used between 1864-1890 for navigation in the Gulf of Finland between Kronstadt and Oranienbaum thus extending the summer navigation season by several weeks. Inspired by the success of the Pilot, Mikhail Britnev built a second similar vessel Boy ("Breakage" in Russian) in 1875 and a third Booy ("Buoy" in Russian) in 1889.
A postage stamp showing Pilot, the first icebreaker of modern type
The cold winter of 1870-1871 caused the Elbe River and the port of Hamburg to freeze over, causing a prolonged halt to navigation and huge commercial losses. The Germans purchased the Pilot's design from Britnev to make their own ice-breaker,[6] the Eisbrecher I.[7]
Yermak, the first modern polar icebreaker
The first true modern sea-going icebreaker[8] was built at the turn of the 20th century. Icebreaker Yermak, was built in 1897 at the Armstrong Whitworth naval yards in England under contract from the Russian Navy. The ship borrowed the main principles from Pilot and applied them to the creation of the first polar icebreaker, which was able to run over and crush pack ice. The ship weighed 5,000 tons, and its steam-reciprocating engines delivered 10,000 horsepower. The ship was so well built that it was only finally decommissioned and scrapped in 1963, making it one of the longest serving ice-breakers in the world.
In Canada, the government needed to provide a way to prevent flooding due to ice jam on the St-Lawrence River. Icebreakers were built in order to maintain the river free of ice jam, east of Montréal. In about the same time, Canada had to fill its obligations in the Canadian Arctic. Large steam icebreakers, like the 80 meters CGS N.B.McLean (1930) and CGS D'Iberville (1952), were built for this dual use (St-Lawrence flood prevention and Arctic replenishment).
At the beginning of the 20th century, several other countries began to operate purpose-built icebreakers. Most were coastal icebreakers, but Canada, Russia, and later, the Soviet Union, also built several oceangoing icebreakers of around 10,000 ton displacement.
Diesel-powered icebreakers
The world's first diesel-electric icebreaker was the 4,330-ton Swedish icebreaker Ymer in 1933. At 9,000 hp divided between two propellers in the stern and one propeller in the bow, she remained the most powerful Swedish icebreaker until the commissioning of Oden in 1957. Ymer was followed by the Finnish Sisu, the first diesel-electric icebreaker in Finland, in 1939.[9][10] Both vessels were decommissioned in the 1970s and replaced by much larger icebreakers in both countries, the 1976-built Sisu in Finland and the 1977-built Ymer in Sweden.
In 1941, the United States started building the Wind-class. Research in Scandinavia and the Soviet Union led to a design that had a very strongly built short and wide hull, with a cut away forefoot and a rounded bottom. Powerful diesel-electric machinery drove two stern and one auxiliary bow propeller.[11][12][13] These features would become the standard for postwar icebreakers until the 1980s.
In Canada, diesel-electric icebreakers started to be built in 1952, first with RCN Labrador (was transferred later to the Canadian Coast Guard), using the USCG Wind design but without the bow propeller. Then in 1960,the next step in the Canadian development of large icebreakers came when the CCGS John A. Macdonald was completed at Lauzon, Que. A considerably bigger and more powerful ship than Labrador, John A.Macdonald was an ocean-going icebreaker able to meet the most rigorous polar conditions. Her diesel-electric machinery of 15,000 horsepower was arranged in three units transmitting power equally to each of three shafts.
Canada's largest and most powerful icebreaker, the 120-metre (390 ft) CCGS Louis S. St. Laurent, was delivered in 1969. Its original 3 steam turbine/9 generator/ 3 electric motor system developed 27,000*shaft horsepower. A multi-year mid-life refit project (1987-1993) saw the ship get a new bow, and a new propulsion system. The new power plant consist of 5 diesels/ 3 generators/ 3 electric motors giving about the same SHP. On 22 August 1994 Louis S. St-Laurent and USCGC Polar Sea became the first North American surface vessels to reach the North Pole. The vessel was originally scheduled to be decommissioned in 2000 however a refit extended the decommissioning date to 2017.
Nuclear icebreakers
Russian nuclear icebreaker Arktika, the first surface ship to reach the North Pole
Russia currently operates all existing and functioning nuclear-powered icebreakers. The first one, NS Lenin, was launched in 1957 and entered operation in 1959, before being officially decommissioned in 1989. It was both the world's first nuclear-powered surface ship and the first nuclear-powered civilian vessel.
The second Soviet nuclear icebreaker was NS Arktika, the lead ship of the Arktika class. In service since 1975, she was the first surface ship to reach the North Pole, on August 17, 1977.
In May 2007, sea trials were completed for the nuclear-powered Russian ice-breaker NS 50 Let Pobedy. The vessel was put into service by Murmansk Shipping Company, which manages all eight Russian state-owned nuclear icebreakers. The keel was originally laid in 1989 by Baltic Works of Leningrad (now St Petersburg), and the ship was launched in 1993 as the NS Ural. This icebreaker was intended to be the sixth and last of the Arktika class, and currently is the world's largest icebreaker.[14]
Function of icebreakers
Finnish icebreaker Otso escorting a merchant ship in the Baltic Sea.
Today, most icebreakers are needed to keep trade routes open where there are either seasonal or permanent ice conditions. While the merchant vessels calling ports in these regions are strengthened for navigation in ice, they are usually not powerful enough to manage the ice by themselves. For this reason, in the Baltic Sea, the Great Lakes and the Saint Lawrence Seaway, and along the Northern Sea Route, the main function of icebreakers is to escort convoys of one or more ships safely through ice-filled waters. When a ship becomes immobilized by ice, the icebreaker has to free it by breaking the ice surrounding the ship and, if necessary, open a safe passage through the ice field. In difficult ice conditions, the icebreaker can also tow the weakest ships.[15]
Some icebreakers are also used to support scientific research in the Arctic and Antarctic. In addition to icebreaking capability, the ships need to have reasonably good open water characteristics for transit to and from the polar regions, facilities and accommodation for the scientific personnel, and cargo capacity for supplying research stations on the shore.[15] Countries such as Argentina and South Africa, which do not require icebreakers in domestic waters, have research icebreakers for carrying out studies in the polar regions.
As offshore drilling moves to the Arctic seas, icebreaking vessels are needed to supply cargo and equipment to the drilling sites and protect the drillships and oil platforms from ice by performing ice management, which includes for example breaking drifting ice into smaller floes and steering icebergs away from the protected object.[15] In the past, such operations were carried out primarily in North America, but today Arctic offshore drilling and oil production is also going on in various parts of the Russian Arctic.
Characteristics of icebreakers
Ice resistance and hull form
The Estonian multipurpose icebreaker Botnica has a typical round icebreaker bow with small stem and flare angles. The explosion-welded stainless steel ice belt and "reamers" can also be seen.
Icebreakers are often described as ships that drive their sloping bows onto the ice and break it under the weight of the ship.[16] In reality, this only happens in very thick ice where the icebreaker will proceed at walking pace or may even have to repeatedly back down several ship lengths and ram the ice pack at full power. More commonly the ice, which has a relatively low flexural (bending) strength, is easily broken and submerged under the hull without a noticeable change in the icebreaker's trim while the vessel moves forward at a relatively high and constant speed.[17]
When an icebreaker is designed, one of the main goals is to minimize the forces resulting from crushing and breaking the ice, and submerging the broken floes under the vessel. The average value of the longitudinal components of these instantaneous forces is called the ship's ice resistance. Naval architects who design icebreakers use the so-called h-v-curve to determine the icebreaking capability of the vessel. It shows the speed (v) that the ship is able to achieve as a function of ice thickness (h). This is done by calculating the velocity at which the thrust from the propellers equals the combined hydrodynamic and ice resistance of the vessel.[1] An alternative means to determine the icebreaking capability of a vessel in different ice conditions such as pressure ridges is to perform model tests in an ice tank. Regardless of the method, the actual performance of new icebreakers is verified in full scale ice trials once the ship has been built.
In order to minimize the icebreaking forces, the hull lines of an icebreaker are usually designed so that the flare at the waterline is as small as possible. As a result, icebreaking ships are characterized by a sloping or rounded stem as well as sloping sides and a short parallel midship to improve maneuverability in ice.[17] However, the spoon-shaped bow and round hull have poor hydrodynamic efficiency and seakeeping characteristics, and make the icebreaker susceptible to slamming.[1] For this reason, the hull of an icebreaker is often a compromise between minimum ice resistance, maneuverability in ice, low hydrodynamic resistance, and adequate open water characteristics.[15]
The Swedish icebreaker Oden is built with a flat landing craft bow and a powerful water deluge system designed to reduce friction between the hull and ice
Some icebreakers have a hull that is wider in the bow than in the stern. These so-called "reamers" increase the width of the ice channel and thus reduce frictional resistance in the aftship as well as improve the ship's maneuverability in ice. In addition to low friction paint, some icebreakers utilize an explosion-welded abrasion-resistant stainless steel ice belt that further reduces friction and protects the ship's hull from corrosion. Auxiliary systems such as powerful water deluges and air bubbling systems are used to reduce friction by forming a lubricating layer between the hull and the ice. Pumping water between tanks on both sides of the vessel results in continuous rolling that reduces friction and makes progress through the ice easier. Experimental bow designs such as the flat Thyssen-Waas bow and a cylindrical bow have been tried over the years to further reduce the ice resistance and create an ice-free channel.[15]
Icebreakers and other ships operating in ice-filled waters require additional structural strengthening against various global and local loads resulting from the contact between the hull of the vessel and the surrounding ice. As ice pressures vary between different regions of the hull, the most reinforced areas in the hull of an icegoing vessel are the bow, which experiences the highest ice loads, and around the waterline, with additional strengthening both above and below the waterline to form a continuous ice belt around the ship.[2]
Short and stubby icebreakers are generally built using transverse framing in which the shell plating is stiffened with frames placed about 400 to 1,000 millimetres (1 to 3 ft) apart as opposed to longitudinal framing used in longer ships. Near the waterline, the frames running in vertical direction distribute the local ice loads on the shell plating to longitudinal girders called stringers, which in turn are supported by web frames and bulkheads that carry the global hull loads.[2] While the shell plating, which is in direct contact with the ice, can be up to 50 millimetres (2.0 in) thick in older polar icebreakers, the use of high strength steel with yield strength up to 500 MPa (73,000 psi) in modern icebreakers results in the same structural strength with smaller material thicknesses and lower steel weight. Regardless of the strength, the steel used in the hull structures of an icebreaker must be capable of resisting brittle fracture in low ambient temperatures and high loading conditions, both of which are typical for operations in ice-filled waters.[2][18]
If built according to the rules set by a classification society such as American Bureau of Shipping, Det Norske Veritas or Lloyd's Register, icebreakers may be assigned an ice class based on the level of ice strengthening in the ship's hull. It is usually determined by the maximum ice thickness where the ship is expected to operate and other requirements such as possible limitations on ramming. While the ice class is generally an indication of the level of ice strengthening, not the actual icebreaking capability of an icebreaker, some classification societies such as the Russian Maritime Register of Shipping have operational capability requirements for certain ice classes. Since the 2000s, International Association of Classification Societies (IACS) has proposed adopting an unified system known as the Polar class to replace classification society specific ice class notations.
Power and propulsion
Before the first diesel-electric icebreakers were built in the 1930s, icebreakers were either coal- or oil-fired steam ships.[15] Reciprocating steam engines were preferred in icebreakers due to their reliability, robustness, good torque characteristics, and ability to reverse the direction of rotation quickly.[19] During the steam era, the most powerful pre-war steam-powered icebreakers had a propulsion power of about 10,000 shaft horsepower (7,500 kW).[15]
Since the Second World War, most icebreakers have been built with diesel-electric propulsion in which diesel engines coupled to generators produce electricity for propulsion motors that turn the fixed pitch propellers. The first diesel-electric icebreakers were built with direct current (DC) generators and propulsion motors, but over the years the technology advanced first to alternating current (AC) generators and finally to frequency-controlled AC-AC systems.[15] In modern diesel-electric icebreakers, the propulsion system is built according to the power plant principle in which the main generators supply electricity for all onboard consumers and no auxiliary engines are needed. Since the mid-1970s, the most powerful diesel-electric icebreakers have been the formerly Soviet and later Russian icebreakers Ermak, Admiral Makarov and Krasin which have nine twelve-cylinder diesel generators producing electricity for three propulsion motors with a combined output of 26,500 kW (35,500 hp).[15] In 2017, they will be surpassed by the new Canadian polar icebreaker, CCGS John G. Diefenbaker, which will have a combined propulsion power of 36,000 kW (48,000 hp).
Although the diesel-electric powertrain is the preferred choice for icebreakers due to the good low speed torque characteristics of the electric propulsion motors, icebreakers have also been built with diesel engines mechanically coupled to reduction gearboxes and controllable pitch propellers. The mechanical powertrain has several advantages over diesel-electric propulsion systems, such as lower weight and better fuel efficiency. However, diesel engines are sensitive to sudden changes in propeller revolutions, and to counter this mechanical powertrains are usually fitted with large flywheels or hydrodynamic couplings to absorb the torque variations resulting from propeller-ice interaction.[15]
The steam-powered icebreakers were resurrected in the late 1950s when the Soviet Union commissioned the first nuclear-powered icebreaker, Lenin, in 1959. It had a nuclear-turbo-electric powertrain in which the nuclear reactor was used to produce steam for turbogenerators, which in turn produced electricity for propulsion motors. Starting from 1975, the Russians commissioned six Arktika-class nuclear icebreakers of which the last, 2007-built 50 Let Pobedy, is the largest and most powerful icebreaker in the world as of 2013 at 52,800 kW (70,800 hp). In addition, two shallow-draft Taymyr-class nuclear icebreakers were built in Finland for the Soviet Union in the late 1980s.[15] The Soviets also built a nuclear-powered icebreaking cargo ship, Sevmorput, which had a single nuclear reactor and a steam turbine directly coupled to the propeller shaft. Russia, which remains the sole operator of nuclear-powered icebreakers, is currently building a new 60,000 kW (80,000 hp) icebreakers to replace the aging Arktika class. The first vessel of this type is expected to enter service in 2017.
The 1969-built Canadian polar icebreaker CCGS Louis S. St-Laurent was one of the few icebreakers fitted with steam boilers and turbogenerators that produced power for three electric propulsion motors. It was later refitted with five diesel engines, which provide better fuel economy than steam turbines. Later Canadian icebreakers were built with diesel-electric powertrain.[15]
The most powerful conventional (non-nuclear) icebreakers in the world, two Polar-class icebreakers operated by the United States Coast Guard, have a combined diesel-electric and mechanical propulsion system that consists of six diesel engines and three gas turbines. While the diesel engines are coupled to generators that produce power for three propulsion motors, the gas turbines are directly coupled to the propeller shafts driving controllable pitch propellers.[15] The diesel-electric power plant can produce up to 13,000 kW (18,000 hp) while the gas turbines have a continuous combined rating of 45,000 kW (60,000 hp).[20]
The number, type and location of the propellers depends on the power, draft and intended purpose of the vessel. Smaller icebreakers and icebreaking special purpose ships may be able to do with just one propeller while large polar icebreakers typically need up to three large propellers to absorb all power and deliver enough thrust. Some shallow draught river icebreakers have been built with four propellers in the stern. Nozzles may be used to increase the thrust at lower speeds, but they may become clogged by ice.[15] Until the 1980s, icebreakers operating regularly in ridged ice fields in the Baltic Sea were fitted with first one and later two bow propellers to create a powerful flush along the hull of the vessel. This considerably increased the icebreaking capability of the vessels by reducing the friction between the hull and the ice, and allowed the icebreakers to penetrate thick ice ridges without ramming. However, the bow propellers are not suitable for polar icebreakers operating in the presence of harder multi-year ice and thus have not been used in the Arctic.[21]
Mastera, one of the first double acting tankers, in open water. In ice, the vessel will proceed stern first.
Azimuth thrusters remove the need of traditional propellers and rudders by having the propellers in steerable gondolas that can rotate 360 degrees around a vertical axis. These thrusters improve propulsion efficiency, icebreaking capability and maneuverability of the vessel. The use of azimuth thrusters also allows a ship to move astern in ice without losing manoeuvrability. This has led to the development of double acting ships, vessels with the stern shaped like an icebreaker's bow and the bow designed for open water performance. In this way, the ship remains economical to operate in open water without compromising its ability to operate in difficult ice conditions. Azimuth thrusters have also made it possible to develop new experimental icebreakers that operate sideways to open a wide channel though ice.
Double acting ship
Ice class
List of icebreakers
Nuclear-powered icebreaker
Polar class
River icebreaker
^ a b c d Chapter 5 Ship Design and Construction for Ice Operations. Canadian Coast Guard. Retrieved 2013-08-20.
^ History and Development of Arctic Marine Technology. AMSA Background Research Documents. The Protection of the Arctic Marine Environment Working Group (PAME). Retrieved 2011-07-03.
^ Prolonging the navigation by Pavel Veselov. 1993. № 6. pp. 36-37. (Russian)
^ "Ymer": The first diesel-electric icebreaker in the world. Scandinavian Shipping Gazette. Retrieved 2013-08-09.
^ a b c d e f g h i j k l m n Segercrantz, H. (1989): Icebreakers — Their Historical and Technical Development. Interdisciplinary Science Reviews, Vol 14, No. 1.
^ a b National Research Council (2007): Polar Icebreakers in a Changing World: An Assessment of U.S. Needs. The National Academies Press, Washington D.C.
^ Norden, R. (1989): Extra high strength structural steels for ice breakers. Proceedings of the 10th International Conference on Port and Ocean Engineering under Arctic Conditions (POAC'89), Volume 2, page 839.
^ CGC Polar Star History. United States Coast Guard. Retrieved 2013-08-24.
Ice breaker by Picture
Gallery of Russian icebreakers
"Ice heroes": Read a Q&A with Canadian Coast Guard acting commanding officer.
Canadian Geographic: View a Canadian Coast Guard slideshow.
Pushing the Limits Short history of Russian icebreakers by Roderick Eime
Icebreaker at the North Pole: Video of nuclear icebreaker Yamal visiting the North Pole in 2001
(2007)Polar Icebreakers in a Changing World: An Assessment of U.S. NeedsBook
Modern merchant ships
Dry cargo
Bulk carrier
Car float
Chain boat
Heavy-lift ship
Hopper barge
Lake freighter
Lighter aboard ship
Livestock carrier
Reefer ship
RORO ship
Submarine Cargo Vessel
Train ferry
Chemical tanker
FPSO unit
LNG carrier
Oil tanker
Cable ferry
Cruiseferry
Ocean liner
Dive support
Fireboat
Supply ship
Towboat or Tugboat
Cable layer
Crane vessel
Drillship
Fishing vessel
Merchant submarine
Narco-submarine
Pipe-laying ship
Semi-submersible
Snagboat
Farthest North
Barentsz
North Magnetic Pole
J. Ross
J. C. Ross
C. F. Hall
British Arctic Expedition
HMS Alert
HMS Discovery
Lady Franklin Bay Expedition
Brainard
1st Fram expedition
Sverdrup
F. Cook
Sedov
NorgeAirship
Riiser-Larsen
Airship Italia
ANT-25
Chkalov
Baydukov
Belyakov
"North Pole" manned drifting ice stations
NP-1
Papanin
Shirshov
E. Fyodorov
Krenkel
Badygin
USS Nautilus
USS Skate
Plaisted
NS Arktika
Arktika 2007
Mir submersibles
Sagalevich
Chilingarov
Pytheas
Naddodd
Svavarsson
Arnarson
Norse colonization of the Americas
Ulfsson
Galti
Erik the Red
Christian IV's expeditions
J. Hall
Lindenov
C. Richardson
Danish colonization
Egede
Northwest Passage
G. Corte-Real
M. Corte-Real
I. Fyodorov
Gvozdev
HMS Resolution
J. Cook
Clerke
HMS Griper
HMS Hecla
HMS Fury
Hoppner
Coppermine Expedition
HMS Blossom
Beechey
Franklin's lost expedition
HMS Erebus
HMS Terror
Collinson
Rae–Richardson Expedition
J. Richardson
McClure Expedition
HMS Investigator
HMS Resolute
Kellett
2nd Grinnell Expedition
USS Advance
HMS Pandora
Gjøa
Karluk
Stefansson
H. Larsen
North East Passage
Pomors
Koch boats
Mangazeya
Siberian Cossacks
Perfilyev
Stadukhin
Dezhnev
Vagin
Permyakov
Great Northern Expedition
Chirikov
Malygin
Ovtsyn
Minin
V. Pronchishchev
M. Pronchishcheva
Chelyuskin
Kh. Laptev
D. Laptev
Chichagov
Lyakhov
Sannikov
Gedenschtrom
Wrangel
Matyushkin
Pakhtusov
Tsivolko
Middendorff
Austro-Hungarian Expedition
Weyprecht
Vega Expedition
A. E. Nordenskiöld
Palander
USS Jeannette
Yermak
Zarya
Kolomeitsev
Matisen
Rusanov
Kuchin
Brusilov Expedition
Sv. Anna
Brusilov
Albanov
Nagórski
Taymyr / Vaygach
Vilkitsky
Samoylovich
Begichev
Urvantsev
Ushakov
Glavsevmorput
Aviaarktika
Shevelev
Sibiryakov
Krassin
Gakkel
Nuclear-powered icebreakers
NS Lenin
Arktika class
Roché
HMS Adventure
Furneaux
Mirny
Lazarev
Bransfield
Weddell
United States Exploring Expedition
USS Vincennes
USS Porpoise
Challenger expedition
HMS Challenger
C. A. Larsen
"Heroic Age"
Belgian Antarctic Expedition
de Gerlache
Lecointe
Arctowski
Racoviță
Dobrowolski
Discovery Hut
Drygalski
Swedish Antarctic Expedition
O. Nordenskjöld
Scottish Antarctic Expedition
Orcadas Base
Nimrod Expedition
French Antarctic Expeditions
Pourquoi-Pas
Charcot
Japanese Antarctic Expedition
Shirase
Amundsen's South Pole expedition
Framheim
Polheim
E. R. Evans
Crean
Lashly
Filchner
Australasian Antarctic Expedition
SY Aurora
Far Eastern Party
James Caird
Ross Sea party
Shackleton–Rowett Expedition
IPY · IGY
Modern research
BANZARE
BGLE
Rymill
New Swabia
Ritscher
Operation Tabarin
Operation Highjump
Captain Arturo Prat Base
Operation Windmill
Ronne Expedition
F. Ronne
E. Ronne
Schlossbach
Commonwealth Trans-Antarctic Expedition
V. Fuchs
Soviet Antarctic Expeditions
Somov
Klenova
Tryoshnikov
Tolstikov
Antarctic Treaty System
Transglobe Expedition
Lake Vostok
Kapitsa
Farthest South
Barne
South Magnetic Pole
Bjaaland
E. Evans
Balchen
Dufek
Amundsen–Scott South Pole Station
Pole of Cold
Pole of inaccessibility
Pole of Inaccessibility Station
A. Fuchs
Messner
Articles with specifically marked weasel-worded phrases from March 2015
Articles containing potentially dated statements from 2013
Articles with Russian-language external links
Icebreakers
Ukraine, India, China, Turkey, United Kingdom
Antarctica, Royal Norwegian Navy, Robert Falcon Scott, Ernest Shackleton, Fridtjof Nansen
Fishing, Ancient Egypt, World War II, India, Portugal
Russia, Canada, Norway, Greenland, Sweden
List of museum ships
England, Submarine, California, Soviet Union, New York
Timeline of Russian innovation
Russia, Soviet Union, Moscow, Eastern Europe, Gold
Voima (1952 icebreaker)
Wärtsilä, Helsinki, Finland, Hietalahti shipyard, Icebreaker
CCGS John G. Diefenbaker
United States Coast Guard, Canada, Canadian Coast Guard, Polar Class, Newfoundland and Labrador
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Key Capitol Hill Hearings : CSPAN3 : November 21, 2014 3:00am-5:01am EST
much less of a pot. as i said in answer to earlier questions, if we didn't have the barnett formula, we'd have to come up with some other formula that would distribute money according to need, and we'd have a debate about that. what we have with barnett is a system where if we spend more in england has a consequence for scotland and that leads to the overall level of health spending money that is available in scotland, but, of course, the scottish government has a complete power to spend less than that amount of money, more than that amount of money or the same. it has that choice. and again, sorry to repeat myself. but as you increase the amount of tax and revenue, you increase the relevance of the barnett formula. >> the choice isn't with barnett, it comes geography whether you're living five miles south of the border or north of border. it doesn't fund according to need or deprivation, all those things that have to health seems so unfair. >> that's a good point. what barnett determines is how much block grant goes to scotland and how much stays in england. and then it's up to the
much less of a pot. as i said in answer to earlier questions, if we didn't have the barnett formula, we'd have to come up with some other formula that would distribute money according to need, and we'd have a debate about that. what we have with barnett is a system where if we spend more in england has a consequence for scotland and that leads to the overall level of health spending money that is available in scotland, but, of course, the scottish government has a complete power to spend less...
Key Capitol Hill Hearings : CSPAN3 : November 20, 2014 7:00pm-9:01pm EST
barnett works, if you decide to spend more money on health care in england, scotland and wales get extra money, and once you devolve income tax, that will be raised and spent in scotland. your point is you increase health spending, that gives scotland more money and they have hadn't to raise taxes to pay for it. i understand the point, i think the only thing i say is if you didn't have barnett, you would have to have another formula for working out how much money to give england and scotland, and it would be a needs based formula, perhaps, and scotland has needs so they would get money for those needs, and barnett has sort of worked in that when you're addressing the needs to spend more money on the health service, it has a consequence in scotland where more money for their health service. i think that way, and also remember, as you devolve tax raising powers, so the importance of barnett gets less because the share of token spending in skocotland would ge smaller. so it's not a perfect answer, but again, we have to sort of get out of the details for a second into the big picture,
barnett works, if you decide to spend more money on health care in england, scotland and wales get extra money, and once you devolve income tax, that will be raised and spent in scotland. your point is you increase health spending, that gives scotland more money and they have hadn't to raise taxes to pay for it. i understand the point, i think the only thing i say is if you didn't have barnett, you would have to have another formula for working out how much money to give england and scotland,...
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Source: ejs9 / E+ via Getty Images 50. Hawaii > Aggregate...
America's Disappearing Jobs
Alexander E.M. Hess
Last Updated: August 27, 2014 9:57 am
Source: Thinkstock
After the Great Recession, which cost millions of Americans their jobs, the U.S. labor market has begun to heal. So far this year the United States has added an average of nearly 230,000 jobs per month. In the 10 years through 2022, the BLS estimates that total employment will grow by more than 15 million jobs, or nearly 11%.
However, the outlook for some occupations is bleak. For example, the number of fallers — logging workers who cut down trees — is expected to decline by 43% between 2012 and 2022, the most of any occupation. Based on Bureau of Labor Statistics (BLS) estimates and projections for more than 1,000 occupations for 2012 and 2022, 24/7 Wall St. identified America’s disappearing jobs.
Click here to see the nation’s disappearing jobs
In many cases, these rapidly declining occupations are already quite rare. For instance, there were just 1,600 locomotive firers — who are responsible for monitoring train tracks and engine instruments — in the U.S. as of 2012. In all, five of the fastest declining occupations had fewer than 10,000 workers in 2012.
Yet, in other instances, occupations that are expected to contract still employ a large number of Americans. There were more than 320,000 people employed as data entry and information processing workers in 2012. There also were nearly half a million postal service workers.
The projected decline in postal service workers is especially significant. In all, the BLS forecasts that the number postal service jobs will fall by 139,000 between 2012 and 2022 — or more than all of the other disappearing occupations put together. A number of factors are expected to contribute to this decline, including continued drops in mail volumes as well as the ongoing financial struggles of the U.S. Postal Service. The USPS has already cut tens of thousands of jobs since 2012, and it is currently slated to cut another 15,000 jobs next year.
Increased automation, digitization, and technological innovation play a role in the decline of several of the fastest shrinking occupations. “We definitely think that technology and automation are a factor with some of these [jobs],” Martin Kohli, chief regional economist at the BLS, told 24/7 Wall St.
The development of email has reduced mail volumes and, as a result, the need for postal service workers. Automated sorting systems have further reduced the need for human sorting. Similarly, motion picture projectionists have become less common as digital projection replaces traditional film rolls, Kohli said.
International trade can also play a part in the decline of an occupation. Specifically, Kohli identified free trade and imports as factors impacting textile occupations. Trade, Kohli said, “reduces the demand for people to make shoes and textiles in this country, because imported shoes and cloth, often from Asia, cost relatively little.” At the same time, he noted that this allows Americans to focus on other industries, such as high-level manufacturing and providing financial services. Semiconductor processors, too, have become less-common in the U.S., as many businesses have elected to outsource manufacturing work abroad and focus on design, marketing, and distribution.
To determine the jobs with the greatest forecast percentage decline in employment, 24/7 Wall St. reviewed BLS Employment Projections program data for 2012 and 2022. Most of these occupations refer to a specific job. In a few cases — postal service workers, data entry and information processing workers, and textile machine setters, operators, and tenders — we used a broader classification to reflect that multiple jobs in the larger job category would be among the fastest shrinking. Where several occupations were similar in their description, such as textile machine workers and fabric and apparel patternmakers, we selected only one occupation. Employment figures from the BLS for 2012 represent estimates, while figures for 2022 represent forecasts. Median annual wage figures are for 2012. Further information on each occupation came from the BLS’ Occupational Outlook Handbook.
These are America’s Disappearing Jobs
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Christmas, Christian, Doha, Tony the Tiger, Media, Israel, Christine Townend, India, Whaling, Energy, George Mondbiot, Peter Hartcher, Guns etc
Thanks to Derek Cattani again for Christian’s Christmas card – I look forward to them each year. Seasons Greetings to all. We seem to have survived the Mayan end of the world prediction and may instead be “transitioning” into a new era. According to Bolivia’s Government, it is the end of “hatred” and “lies” and the beginning of “love” and “truth” – with community and collectivity prevailing over capitalism and individuality.
Next hurdle is the US “fiscal cliff”!
I hope most of you have time off to relax with friends and family, and our pets of course. I also hope the general public are more thoughtful about pets as appropriate presents, and ensure they are not later discarded and abandoned when the novelty wears off.
I have a friend who is very frustrated by his adorable labrador puppy which is chewing everything, and I’d love to offer to look after him. However, already I can’t travel as much as I would like to as I am reluctant to leave my two cats in any other hands, so I don’t think it is the right time to add a dog to the mix.
DOHA: Given the alarming headlines about the warming of the planet, it was a disappointing compromise at Doha, rather than the urgent action required. Several reports forecast possible temperature rises of 4-6 degrees by the end of the century. China is responsible for 80% of new emissions, and like the US, did not sign up to the extended Kyoto Protocol. Some Pacific island states were not impressed – if the sea rises one more metre, their islands will be uninhabitable. Of scientific published peer review articles on global warming, 24 articles argue against, while 13,926 agree with the analysis of scientific data that global warming is real and humans are a factor contributing to it.
The leaked next Intergovernmental Panel report on Climate Change states, according to the SMH, “Evidence in support of climate change has grown stronger and it is now “virtually certain” that human greenhouse gas emissions trap energy that warms the planet”.
In our Opposition party we have a few boofhead climate change sceptics who wear their ignorance with pride, and the party has a commitment to rescind the carbon tax/price. I’m sure this process would be very complex, and the reversal bad for business confidence and investment certainty, as well as our international reputation. Unfortunately, despite Julia Gillard’s resilience, polls keep indicating that the Opposition will win the next election. Most intelligent people have experienced an almost seamless introduction of the carbon tax, accepted some modest price rises like 10% on an electricity bill, and now understand the need for it.
The Government has just abandoned the impossible promise to get the budget back into surplus. Many economists and business people seem to think that this is the correct decision. The Government no doubt hopes for the distraction of Christmas and the summer holidays to drown out the predictable shrill reaction from the Opposition over this “back flip”.
TONY THE TIGER: An update on Tony the Tiger is available here. It is rather depressing. The Animal Legal Defense Fund is waiting for the Louisiana Court of Appeal to hear their case, and waiting for a trial date to decide if Mr. Sandlin’s lawsuit will move forward. Can 2013 finally be Tony’s year? Perhaps we should put our money where our mouth is and donate to the ALDF Matching Gift Challenge.
‘Life of Pi’ The Movie
I’m looking forward to seeing the movie Life of Pi, although like many people I have spoken to lately, I didn’t actually finish the book. I hope the film doesn’t create a craze for people wanting tigers. In the US there are far too many tigers already in private hands – more than in the wild, as we have discussed previously.
I’ve been loving Louis Theroux’s shows, and he is as ubiquitous as Stephen Fry on Australian television. Recently, in America’s Most Dangerous Pets, Louis visited exotic animals in private “zoos”. He was understandably quite nervous with many of the animals. The number of animals confined for life for human entertainment was staggering, and inappropriate cross breeding has negated any conservation objectives. In African Hunting Holiday Louis accompanied Americans trophy hunting farmed exotic animals in Africa. He found hunting quite distasteful and couldn’t do it himself. He was mystified how people that profess to admire animals can shoot them? One of the owners of the African farms said every lion would kill anybody given the chance, a statement I can contradict from my own experience! The lions did look aggressive I must admit, but they were probably anticipating food. Their behaviour was probably a response to how they had been treated.
Louis is the son of travel writer Paul Theroux.
Sadly, Koko the dog who starred in Red Dog has died aged 7.
MEDIA: I know some of you think I rely too much on the mainstream press and you often draw my attention to many other sites on the internet. I love reading the Sydney Morning Herald, and also listen and watch news and current affairs programs. I jot down any new facts or insights on the subjects that interest me – and then often forget if I have quoted verbatim or tried to paraphrase them! Most of us accept we can’t lead the debates, but we can all stand up for and support the causes we believe in, and together we can have a collective voice and influence.
I admire sites like Crikey, with their research, reporting and analysis of the news, but they have a huge staff! Despite some of the information divulged by WikiLeaks, I’m sceptical about quite a few of the conspiracy theories on the internet, and don’t seem to have the time to visit – or revisit, many fascinating and informative sites.
Julian Assange still languishes in London in the Ecuadorian Embassy with no access to a garden or courtyard for fresh air or sunlight for over six months. I love his balcony speeches – what a ham. Assange has said he wants to stand for the Senate in the next Australian elections! WikiLeaks has often confirmed our worst fears about our governments, and piece by piece information or new theories do emerge from various sources.
ISRAEL: For example, human rights lawyer Geoffrey Robertson recently said that Israel bombed Hamas in Gaza to clear out their missiles because it wants to bomb Iran in early 2013. This would not have occurred to me, and I’d have no idea if it is true. The Hamas leader Khaled Meshal finally visited Gaza and still wants to “wipe Israel off the map”. Equally chilling, Daniella Weiss, a leader of the settler movement, stated the now obvious; settlements and out posts were planned strategically to prevent a Palestinian state. Announced by Nethanyahu as punishment the day after the overwhelming UN vote (138 to 8) against Israel, the E1 settlement has been described as the final piece in the jigsaw – the West Bank will be cut in half.
If the “two-state” solution is now impossible, a “one-state” would contain a (Palestinian) population without a vote, and a higher birth rate. Israel will have to decide what they want to be: a Jewish state or a democratic one?
View of Sikkim from the roof of DAS, Darjeeling. Photograph C. Townend
CHRISTINE TOWNEND: I was delighted to hear from Christine, founder of Animal Liberation in Australia in 1976, after her recent trip to India.
” Dear Ace, I was thinking of your visit with us to the Indian animal shelters when we were recently at both the Kalimpong and Darjeeling shelters which Jeremy and I founded in 1995 and 2007. You’d be happy to know that both are running well with plenty of rescues, treatment of privately owned animals especially brought to the shelters, and also a continual ABC (animal birth control) programme. As you know from your visit, the purpose of the ABC programme, according to WHO Guidelines, is to create a friendly, rabies-free street dog population. The vaccinate-neuter programme has now created groups of old dogs hanging around with nothing to do, and fighting over food. I may send you a report I’m writing about this new problem or post it in due course on www.workingforanimals.org.au
Kalimpong Animal Shelter. Photograph C. Townend
As you know Ace, I was managing trustee of Help in Suffering Animal Shelter in Jaipur from 1990 to 2007. Jeremy and I had not returned there for over two years. From the moment we arrived, that traditional Indian hospitality was extended to us. All the staff , the CEO and managing trustee were waiting at the front gate, greeting us by placing garlands of roses round our necks. Jimmie, the dog who had been dumped outside the shelter when a tiny puppy, and whom I had reared so many years ago, wiggled and cried with joy. I, like her, felt quite emotional to be returning, especially when we entered the little cottage in the grounds of the shelter, where we had lived for so many years. It had been cleaned and still looked just the same, with all the objects and books we had collected over the years still arranged neatly (in future the cottage will be used for guest accommodation).
Beau who was rescued from the street and will be rehomed. Photograph C. Townend.
Timmie Kumar, the current managing trustee, was very appreciative of the money we raised through Working for Animals Inc, the Australian charity which raises funds for the animal shelters in India. It was great that you were able to speak at this successful fund-raiser. As you know, Jeannette’s photographs of India just walked out the door, and I’m pleased that my paintings also sold. We visited the new HIS Camel shelter on the outskirts of Jaipur. It must be the first of its kind in India. Dr Pradeep Singhal, who conducts the HIS Camel Project, also treated heaps of camels at the Pushkar Fair.”
Two rescued cats now permanently living at DAS, Darjeeling. Photograph C. Townend
MAIL: Thanks for the kind words and comments from some of you last blog, and your Christmas greetings. Sometimes I interpret them as a remark to me personally, rather than a comment to post on the blog.
INTERVIEW: You may like to watch my skype interview with Tiempo Real here. Once I had adjusted to the jerkiness and the unflattering harshness of skype, I thought WilsonVega produced and edited an excellent story.
AASG: The Australian Animal Studies Group’s News Bulletin for December can be accessed here.
WHALING: Correction: the Japanese are going to hunt whales again this season but in a scaled down exercise. Their departure for the Southern Ocean has been inexplicably delayed, and Paul Watson is again vowing to disrupt their unnecessary slaughter of whales with the Sea Shepherd and possibly a newly acquired vessel.
ENERGY: More than 100 coal fired power stations in the US have been closed following environment and community group litigation campaigns to enforce mercury and air toxin standards. A further 170 planned coal stations have not been built.
With the conservative government back in power in Japan, it is expected reservations and opposition to nuclear reactors will be pushed aside.
After coal fired power stations, the production, transportation and marketing of our food creates the most emissions. We need to buy locally and grow much more of our own!
Another “every cat should have it’s own dog” photograph
GEORGE MONBIOT: Again George has another interesting article and the premise is pointless Christmas presents where the “fatuity of the products is matched by the profundity of the impacts”. Our “pathological”consumerism, has been “rendered so normal by advertising and by the media that we scarcely notice what has happened to us”. He quotes Annie Leonard who discovered when researching for her film The Story of Stuff “that of the materials flowing through the consumer economy, only 1% remain in use six months after sale”.
This is at a time when so many in the US are doing it very hard and the inequality is growing. In the US in 2010 “a remarkable 93% of the growth in incomes accrued to the top 1% of the population”.
PETER HARTCHER: It was heartening to read SMH journalist Peter Hartcher’s article Things aren’t as bad as they might seem. Global goals for cutting infant and maternal mortality rates are being exceeded. The global “deep poverty” rate has halved, assisted by more donor aid than anticipated, remittances from family members working abroad, and some developing economies recovering from the GFC more quickly than others.
Worldwide deaths by armed conflicts has been declining steeply for 20 years. Hartcher concludes, on “poverty, war and human misery… progress is possible, progress is happening and progress is real. Of course there are always new threats. Climate change is the great, new, unmet challenge facing humanity”.
GUNS: Let’s hope Americans finally face the facts and act – 300 million guns in the community, 100,000 injuries per year, 30,000 of them fatal, and six mass shootings this year. For now, there is support for Obama’s attempts at gun law reform and eliminating weapons of war from private ownership. The powerful National Rifle Association’s comments have so far been so insensitive that some former supporters are wavering, but this debate will unfortunately be very ugly. Handguns are apparently sacrosanct however, “part of American culture” – pity about the 12,664 Americans killed by handguns last year, compared to 323 by rifles and semi-automatics. Naturally gun sales have soared.
Meanwhile, as discussed, in my own State of NSW, the Government sometimes needs the support of the Shooters Party to pass legislation in the the Upper House, and this lobby group is exerting undue influence and has been able to stack committees. Our gun laws are in danger of being weakened, and hunting is to be allowed in some National Parks even though a secret report from the Government’s own Environment and Heritage Department warned about the high risks to the public! Over the summer holidays bush walkers and campers will have to start exercising extreme caution, but despite this, enjoy!
Merry Christmas and a happy and peaceful New Year to everyone.
Tags: Christian the Lion, Christine Townend, Christmas, Doha, Energy, George Mondbiot, Guns, India, Israel, Media, Peter Hartcher, Tony The Tiger, Whaling
Christian, Australia, Clergy, Asylum Seekers, Oceans, Live Exports, Climate Change, Radio, GAZA, USA etc
Christian The Lion painting by Karen Neal
New Zealand artist Karen Neal has captured a very good likeness of Christian many of us can recognise. She very generously donated the proceeds of the sale of the painting to the George Adamson Wildlife Preservation Trust. There are limited edition prints of this image and you can contact the artist direct on her website.
It is the first day of summer and the weather here has been wonderful, and after some rain, the drive through the Royal National Park to Bundeena is beautiful, with many flowering native trees. The jacarandas, oleanders and bougainvillea have also been particularly beautiful throughout the suburbs. In the Blue Mountains last weekend I saw waratahs and rhododendrons in the prettiest colours. I have resurrected my vegetable garden and have eaten some salad greens already. While I was mulching some of the plants on my hands and knees, one of the cats jumped on my back like a jockey. Always so helpful.
Bougainvillea, Bundeena
AUSTRALIA: Our political debate recently has mostly been name calling rather than examining important legislation the government somehow keeps generating. The Opposition just says “no” to everything and produces few alternative policies. To counter accusations that he is a “misogynist”, the Opposition leader has suddenly surrounded himself in public by his wife, his statuesque daughters and he even trotted out his mother and sisters. He has been letting his female Deputy lead parliamentary attacks. Neither leader is popular but Julia Gillard is clawing Labor’s way back in the polls and this is enough to keep deposed, but ever circling PM Kevin Rudd at bay.
However, the PM is being dogged by a 20 year old darkening shadow from her past when as a lawyer she did some work for a boyfriend who it seems turned out to be pretty dodgy. This story has been prosecuted primarily by Murdoch’s The Australian over many months, and an increasingly shrill Opposition keeping it alive. So far there are insinuations and alleged discrepancies, but not precise accusations or proof of any wrongdoing.
Another shadow is the ridiculous promise to return the budget to surplus, which is looking very unlikely, especially with the drop in commodity prices, a 45% decline in Chinese investment in Australia, and no income from the contentious mining tax.
STATES: The new conservative governments in Queensland and New South Wales have between them opened the way for development unfettered by some previous environmental safeguards, or access to legal advice by communities from bodies such as EDO . Uranium exploration and nuclear energy are back on the agenda. National Parks are suddenly vulnerable to shooters, horses and cattle grazing etc. Public service jobs have been cut and while the respected Gonski Report recommended that $6 billion needs to be spent nationally to remove the inequalities in the education system, the NSW Government responded by slashing the education budget. Some Arts courses have been eliminated or made prohibitively expensive and even a major literary prize has been scrapped.
Meanwhile the previous Labor government is being exposed and humiliated at ICAC for actions involving a powerful family and their mates, inside information from a disgraced ex Mineral Resources Minister, and the potential for them to make many millions of dollars through alleged corruption in relation to coal exploration leases and tenders.
On Sunday I attended a protest in Bundeena against shooting in National Parks. Bundeena is surrounded by the Royal National Park (and the sea) and thankfully we are exempt from shooters. The NSW Government needs the votes of the Shooters Party to get legislation through the Upper House and are blatantly prepared to accomodate their cruel, anachronistic ideas and practices. Apart from the danger to bush walkers and others, the indiscriminate shooting of feral animals makes no contribution to environmental conservation or preservation. We are being encouraged to write to the Premier Barry O’Farrell c/- Parliament House, Macquarie Street, Sydney 2000.
Jacaranda, Bundeena
CLERGY: Recently a policeman wrote a letter to the NSW Premier about the lack of action by police and the Catholic Church on child sexual abuse by clergy. This has now led to a broad national Royal Commission which will encompass all institutions and organisations involved with children. The Catholic Church has felt “smeared” by reports in the media of their inaction and obfuscation, but six times more accusations are against the Roman Catholic Church, with very few incidents reported to the police. The interests of the Catholic Church always seems to be put ahead of the victims. After a meeting with Cardinal Pell, the Archbishop of Sydney, the parents of two abused young girls described him as a “sociopath with a lack of empathy”.
Meanwhile the Anglican Church has a former oil industry executive Justin Welby as the new Archbishop of Canterbury. Although women have been ordained clergy for 20 years, a recent decision still prevents them from becoming bishops. This is a very disheartening, especially as more women than men are joining the ministry.
ASYLUM SEEKERS: Conditions for asylum seekers living in tents in Nauru, possibly for years, have been described as “appalling” and “completely unacceptable” by Amnesty International. More than 7500 Australia bound asylum seekers have arrived by boat since August, not discouraged by the hypocritical and inhumane government policies, or the very dangerous journey (7 asylum seeker boats have sunk in 3 years with the loss of 400 lives). Appallingly, the “race to the bottom” by both parties just gets deeper and deeper. Australia’s mainland was even excised from our migration zone!
Into seas without a shore, 2012. Photograph by Mark Kimber. Courtesy Stills Gallery.
Mark Kimber builds miniature sets with added special effects, and then photographs them. I think he is very creative and imaginative and this image of the ship is so evocative – and ambiguous, I could not resist buying it. I loved many of the photographs in his recent exhibition The Pale Mirror.
ENVIRONMENT: Our Environment Minister Tony Burke has been very busy and quite successful with some highly contentious issues. He has juggled the competing interests in the Murray-Darling Basin Plan (irrigators, communities, environmentalists etc), and placated opposition by spending a “flood” of money over the last few years on already beneficial infrastructure and “buy-backs”. Environmentalists still think that not enough water will be returned to maintain the health of the rivers. The long running forestry dispute in Tasmania may be finally close to a resolution, or a workable compromise. The supertrawler has been banned from fishing in Australian waters for two years and the Japanese have cancelled this year’s whale hunt.
2.3 million square kilometres of Marine Parks around Australia have been declared. Unfortunately there has been a 50% increase in coral bleaching on the Great Barrier Reef – due to agricultural run-off, hurricanes, but primarily star of thorns. There is a GetUp! campaign asking for support to protect the Great Barrier Reef, and to ask Tony Burke to commission an independent scientific review of mining operations affecting the reef. The dredging to build new port facilities on the coast of Queensland is proving very destructive.
Catlin Seaview Survey
Log onto Catlin Seaview Survey to explore the Great Barrier Reef while we have it! The Australian Marine Conservation Society International Union for Conservation of Nature lists endangered fish – and what fish we should eat and not eat.
LIVE EXPORTS: With the recent cruel and unnecessary slaughter of 20,000 Australian sheep in Pakistan, the live animal exports issue is again being debated. Apparently New Zealand has phased out live exports trading which has been profitably replaced by domestic processes.
CLIMATE CHANGE: I think we are at the point of accepting – no longer debating, that the climate is changing and global warming is a factor, and humans contribute to this. People will debate timelines, severity, solutions etc, but many more countries are beginning to understand the urgency and are taking action. It took Hurricane Sandy however, to finally have the words “climate change” mentioned during the US presidential campaign. According to a very alarming Report to climate change negotiations in Doha, Qatar, the release of greenhouse gases from the melting of the Arctic permafrost “could ultimately account for up to 39% of total emissions”.
In Australia, official meteorological records kept over 100 years from across Australia, have shown that there has been a 1 degree rise in land and sea temperatures. Spring now comes two weeks earlier and we are having more rain “than ever”. The World Bank has forecast what could be a disastrous rise of 4 degrees before the end of the century – also confirmed by a UN Environment Program report, while Price Waterhouse-Coopers forecast 6 degrees. Much greater effort needs to be made urgently by all countries. With the carbon “tax” implemented, Australia may even be ahead of our projected targets and timelines.
Rather disgracefully, many of our own scientists felt it necessary to go to Canberra recently to protest at how their research on, for example, climate change, sustainable stocks etc is questioned or ignored, and underfunded.
ENERGY: Sixty- six coal seam gas wells may be scattered throughout dense Sydney suburbs, just as new research shows considerable amounts of methane are being released into the atmosphere from CSG. The public is finally understanding what has caused the huge rise in electricity prices over the last few years (“poles and wires”), with the carbon price/tax, accounting for only 10% of the rise. Coal consumption is down 30% in the US, and solar seems to be more and more widely utilised. Ten percent of Australia’s energy is now “clean energy”.
At Jenny Kee’s recent exhibition “Expressions of Waratah” with the painting 45 Million Years of Beauty
MEDIA: I, fortunately, can work from home mostly. I listen avidly to the news on radio early in the morning (Fran Kelly Radio National), and read the Sydney Morning Herald when it is delivered. Like a robot I turn off the radio and sit at my computer at 9 am – it must be my Protestant work ethic. Lately I have been loving listening to the radio much more throughout the day. Friends, especially artists in their studios, have been telling me this for years. There are so many interesting people out there that know about such diverse and fascinating subjects, and they have often just written a book about it.
The ubiquitous ex PM Kevin Rudd has been giving interviews from all over the world, at any hour of the day or night. He interviewed Radio National host Phillip Adams and they were both very intelligent and interesting. What a pity Rudd apparently was such a control freak and difficult and demanding to work with.
The always interesting and sometimes controversial Aboriginal academic Marcia Langton is giving the annual Boyer series of lectures – so far about the supposedly surprising emergence of an Aboriginal middle class, and the opportunities for some in the mining industry. Marcia is a supporter of Noel Pearson and the Intervention in Aboriginal communities, and she seems to be getting more conservative. Perhaps she has just seen too many failed policies in the past – including the idealistic but seemingly now disparaged policy of Aboriginal “self-determination”. People that object to the destruction and degradation of the environment caused by mining were described by Marcia as “a ragtag team of wilderness campaigners and… disaffected Aboriginal protesters”.
The six part series Redfern Now on the ABC has been an excellent and tough portrayal of the lives and problems confronted by many Aboriginals in the city – including tensions between those that are in the new middle class, and some of the extended family and friends living in places like Redfern who are not doing so well. Redfern is a gritty inner city Sydney suburb, close to the Central train terminal and handy for Aboriginal country visitors. Many Aboriginal families have lived their for generations and have a very strong attachment to the place and the community. As it is close to the city it is now undergoing gentrification, and many Aboriginals and others will be displaced.
Journalist Mark Colvin’s Andrew Olle lecture was very interesting about the media. We know newspapers may have 5-10 years left. There will be very little time (or budget) for investigative journalism. News will be computer generated by an algorithm. There will be an even greater explosion in blogging and information dissemination through social media – much of it which is generated by spin doctors and publicists. The Director of the ABC quoted a reporter out covering Hurricane Sandy in Lower Manhattan, who said he was more up to date by watching the live time action of the many twitter feeds throughout the city as the storm advanced.
GAZA: The Israeli/Palestinian war seemed to be announced on Twitter and other social media portals. The assassination of Ahmed Jabari, head of the Hamas military wing was posted immediately on YouTube by the Israeli Government. There was no world outcry at the assassination of a government official – just an almost 100% support for Israel for retaliating against the also unacceptable rockets fired from Gaza on Israeli citizens.
The Australian-Israel Parliamentary Friendship Group is one of the largest in Parliament with 78 members. The informal group for Palestine is 20. Victorian Labor MP Maria Vamvakinou said “What I struggle to understand, there seems to be this fear of offending Israel…To be honest with you, I don’t get it. This is an international issue and if you take an intellectual approach to it, it’s about an ongoing occupation that goes to the question of justice, one people being subjugated by another….I can’t see how my colleagues can’t see this. I don’t understand how you can refuse to see what is happening to the Palestinian people is wrong”. Expressing opinions about either side does not necessarily mean you are anti the other side or reject their right to exist. Surely there can be no security for Israel until the Palestinians feel much less aggrieved, and somehow, a peaceful two- state coexistence established.
The PM is a staunch supporter of Israel and was rolled overwhelmingly by the party caucus into voting “abstain” instead of “against” the very successful vote for observer status for Palestine in the UN. I think there is an international attitudinal sea change happening, with the “peace process” being recognised for what it is – more a “stalling process”. A lack of any resolution provides more time for settlements to encroach into the West Bank and East Jerusalem, making a viable Palestine less and less possible.
Gillard was warned (by her friends) that to vote with the US and Israel against the rest of the world would be “on the wrong side of history”. She argued that voting in favour of Palestine would “hurt the peace process” because the US has threatened to withdraw funding for the Palestinian Authority. No doubt the Palestinians will be punished by Israel over the UN vote, and the US should be increasing financial support for the Palestinians and helping them to build their economy, not threatening them.
Apparently our Foreign Minister Senator Carr believes that “as a friend of Israel, at times you’ve got to save it from itself”. This reminded me of another remark made years ago: “the Palestinians never miss a chance to miss an opportunity”.
Egypt’s President Mursi earned international praise for his role in the Gaza cease fire, although I’d say it was more Obama’s influence behind the scenes. It is however another indicator of the various and complex changed scenarios, agendas and realignments in the region, post Arab Spring, that require new strategies and approaches. Next day Mursi granted himself wide autocratic powers “to speed up the transition to democracy”! This move was primarily aimed at circumventing the judiciary, who are made up of many Mubarek appointments, and who annulled Mursi’s first attempt to form a constitutional assembly. It has been back to Tahrir Square.
Lives continue to be lost as the war drags on in Syria but the world seems to have given up caring or counting the deaths… 40,000 in 20 months, and millions of refugees now facing winter.
Christian and George Adamson
MAIL: I received an email from Minding Animals International which detailed upcoming Preconference and Partner Events in New York, Cape Town, Gold Coast, Sydney, Vienna and Berlin. Thanks for the photographs of Christian (and other animal photographs) found on the internet by some of you like Usasportswarrior and Deb, and interesting stories, articles, and emails etc from Elaine, Lisa, Scott, William, Diego, Heulwen, Laverne and others, and apologies for late replies.
VALE: Albie Thoms, film-maker, writer, social historian, and a lovely person who will be very much missed.
US: The world seemed to be holding its collective breath for the US Presidential election, and now for the looming “fiscal cliff” of December 31st. Still experiencing hard times, a majority of Americans voted very intelligently, and even backed same sex marriage in three states, and a liberalising of some drug laws in others. Romney had a better than expected campaign but the Republican Party has a shrinking base and was shown to be “too old, and too white, too male”. Unfortunately at a time like this, that calls for reform and attempts to reach a wider support base, parties apparently usually get even more conservative, as evidenced by the emergence and appeal of the Tea Party. Four billion dollars were spent. The Republicans were outmanoeuvred by Obama’s very sophisticated campaigning technology, and well organised network of volunteers. Hurricane Sandy did interrupt Romney’s momentum. Yes, there is a degree of schadenfreude for big losers like Karl Rove, Fox News, tweeter Rupert Murdoch, Donald Trump and Benjamin Netanyahu, who I’m sure Obama would love to pay back for his support of Romney against him. On the other hand, Nat Silver picked the winners in all 50 states.
Every cat should have it’s own dog!
CHINA: While we may never know – or now ever care about what Mitt Romney actually believes, we know much less about the new Chinese leadership. Xi Jinping is apparently comparatively worldly wise and travelled. Old Jiang Zemin still seems very influential, and this gang of 7 are not known to be reformers. We have at least learnt more about some of the immense wealth some of them have amassed – like US$2.7 billion for the family of Wen Jiaboa.
MISC STATS: One hundred shootings in Sydney this year -several over the last few days; chances of winning at poker machines 13%; 1 in 8 Australians are living in poverty; 70% Australian males are overweight and 56% of women (while the obesity epidemic in the US is now lowering life spans); in the top 500 ASX companies 12 have female CEOs, 9.2% have women in senior executive roles, and two thirds have no women on their boards; our Future Fund has invested $37 million in tobacco; as much as a third of some African nations have been purchased by wealthy nations for food production; recent research indicates “nice and less competitive” baboons have longer lives, while chimpanzees and orang-utans slip into a mid-life malaise before bouncing back in old age!
ONLINE EDUCATION: I love the idea of the many educational opportunities that will increasingly be available online like the Massive Online Open Courses. I am hoping many courses will be inexpensive and accessible to people previously excluded. Universities are becoming so expensive to operate in their present form as to be unsustainable. It would be sad, however, to lose aspects of university life like the positive social opportunities, face to face contact with lecturers and tutors, and the stimulation of campus life.
I was interested in this article by George Monbiot in the SMH Children must experience nature in order to learn it’s worth saving. Apart from the existential environmental crises we face, as children’s lives are increasingly removed and disconnected from the natural world, “the young people we might have expected to lead the defence of nature have less and less to do with it”.
Monbiot quotes from Richard Louv’s book Last Child in the Woods, that in one generation “the proportion of children playing in wild places in Britain has fallen from more than half, to fewer than one in ten”. Reasons for this include: a 90% decrease since the 1970s in the areas in the UK where children may play without supervision; parent’s fears; and the quality of indoor entertainment.
People have said to me that part of the attraction of our story with Christian is that it represents a less regulated time when there was more freedom to pursue outdoor activities and have adventures and take risks. We certainly do not encourage others to buy wild animals however, and we now see how by buying Christian we were perpetuating the trade in exotic animals. While our experience with Christian has obviously been a highlight of my life, and he was just so full of personality and amazing to know, it was also always potentially dangerous, and carried great responsibilities to him and the people around us.
Govett’s Leap Blue Mountains
Tags: Asylum Seekers, Australia, Clergy, climate change, Energy, GAZA, Live Exports, Oceans, Radio, USA
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Paul McCartney Joined by Ringo Starr, Joe Walsh at Dodger Stadium Gig
Erica Banas // Rock Music Reporter July 14th, 2019
MIAMI, FL - JULY 07: Paul McCartney performs in concert at American Airlines Arena on July 7, 2017 in Miami, Florida; CLEVELAND, OH - APRIL 18: Joe Walsh and Ringo Starr attend the 30th Annual Rock And Roll Hall Of Fame Induction Ceremony at Public Hall on April 18, 2015 in Cleveland, Ohio.
Paul McCartney closed out his latest batch of “Freshen Up” tour dates at Dodgers Stadium in Los Angeles last night (July 13), and he was joined by two very special guests.
First, Macca brought out fellow Beatle Ringo Starr to a huge response from the Dodger Stadium crowd to perform “Sgt. Pepper’s Lonely Hearts Club Band (Reprise)” and “Helter Skelter.”
Paul McCartney, Ringo Starr, Sgt. Peppers, Helter Skelter, Dodger Stadium, July 13 2019
Ringo would’ve been enough of a surprise, but then Sir Paul brought out Joe Walsh to join him on “The End.”
Paul McCartney Joe Walsh Dodger Stadium Live 2019
Golden Slumbers/Carry That Weight/The End from The Beatles Abbey Road features Joe Walsh (3:40), Paul McCartney's surprise special guest. The Eagles guitarist joined the former Beatle live on stage during the four guitar solo trade off on concert finale The End. Dodger Stadium.
Joe Walsh,Paul McCartney,Ringo Starr
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Tropical Storm Fay Forms of U.S. East Coast
nhc noaa gov
The 2020 Hurricane Season keeps breaking records. Yesterday about 4 pm Louisiana time forecasters with the National Hurricane Center confirmed that an area of low pressure that had moved from the Gulf of Mexico across Georgia and the Carolinas was now organized enough and strong enough to be classified as a tropical storm.
That tropical storm was given the name Fay. It's the sixth named storm of the 2020 season and the earliest in any season that we have had six named systems. As of the latest advisory from the Hurricane Center Fay remained a minimal tropical storm with maximum sustained winds reported to be 45 mph.
The official forecast from the Hurricane Center suggests that Fay could get a little stronger as it travels parallel to the East Coast of the United States. The system's center of circulation was about 100 miles south of Ocean City Maryland this morning and was moving to the north at about 8 mph.
The forecast track of Fay should carry the system just east of the Delmarva Peninsula during the day today. And over the state of New Jersey and New York City during the nighttime hours of Friday and early morning hours of Saturday.
The biggest threat from Fay will likely be torrential rains and possibly some flooding. Tropical storm watches have been posted for the Jersey Shore, coastal New York and Connecticut.
Renting a Condo? Better Clean These 10 Things
Filed Under: hurricane season 2020, national hurricane center, tropical storm fay
Categories: Bruce and Jude, Hurricane Season, Weather
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Adriatic Aerospace Association
Association of research institutions and high technology firms.
Space program for A3 and Croatia
Popular Aerospace
How we are managed?
Tag: Stevče Arsoski
Posted on Saturday November 21st, 2020
Meeting with representatives of the Office of the President of the Republic of Croatia
On Monday, November 16, 2020 at the invitation of the Office of the President of the Republic of Croatia, Mr. Zoran Milanović, we held a working visit and a meeting with the advisor to the President of the Republic for education, Mrs. Jadranka Živković. Our Adriatic Aerospace Association was represented by President Slobodan Danko Bosanac, Board Member Silvio Papić, colleagues Ida Srdić and Jasenka Duvnjak, Stevče Arsoski and Secretary General Danko Kočiš.
The introductory speech was given by President Bosanac in which he presented the work and activities of our organization so far and the importance that A3 represents for the Republic of Croatia, especially for the future of education, science and economy. Colleague Stevče Arsoski instructed the Office of the President in our efforts in the field of primary and secondary education, the work of space sections at technical schools and efforts to bring space activities closer to our students. Colleague Silvio Papić emphasized the specifics of our projects in higher education, and what the Republic of Croatia gets by creating such engineers and scientists in the field of space technologies. Colleague Srdić connected the field of education with the economy and in which direction to build the future of the Croatian space industry. Secretary Kočiš presented all the positive practice of popularizing space activities in the fields of education, science and economy through popular activities marking World Space Week and the work of our colleagues in the Space Generation Advisory Council. In the end, President Bosanac summarized all the above and asked the Office of the President of the Republic of Croatia to support our further work by accepting sponsorship of our most important activities, organizing the Brijuni Conference, other conferences on space topics, as well as supporting the project of the first Croatian satellite Perun I and World Space Week in Croatia.
Advisor to the President of the Republic of Croatia, Ms. Žarković listened with great interest to the presentations of our members, which was reflected in a large number of questions for our members who represented our organization, for which we more than professionally worked and concluded the meeting to the mutual satisfaction of both the Office of the President and our A3. We will regularly inform the Office of the President of the Republic of Croatia about future national activities at their request and we hope that we will have excellent cooperation in promoting education, science and the economy through space activities in the territory of our Republic of Croatia.
Posted on Wednesday October 14th, 2020 Thursday October 15th, 2020
THE COUNTDOWN HAS BEGUN: The first Croatian satellite in orbit could be launched from Sisak and will be called Perun I
“Within the Regional Competence Center of the Technical School Sisak, a practicum for space technology is planned, which will be equipped with the necessary equipment for the preparation of small satellites for launch. In the world, by the way, the preparation of small satellites according to the given protocol and with special licensed equipment is done by employees in the rank of technicians, so the development of a high school curriculum in that sense (technician for small satellites) is also planned. Thus, the student will be able to acquire sufficient competencies at the Technical School Sisak to be able to assemble a small satellite according to the technical documentation, perform all necessary tests and prepare a small satellite for launch. “- says prof. Stevce Arsoski from the Technical School Sisak.
Foto: Pixsell/Pixabay ilustracija
What Professor Arsoski told us may seem a bit, in Croatian terms, as a distant future, given the problems of the Croatian school system, but the Sisak Technical School has been successfully overcoming these systemic obstacles for years.
Namely, back in 2006, several professors of the Technical School in Sisak started the first research in the field of ion propulsion. Then these professors with a team of three students made an ion hovercraft which was also successfully tested after four months of operation and presented to the world as the 356th successful such experiment.
After that, the few professors of the Sisak Technical School were the first to imagine that their students would make solar-powered cars for them. So they achieved that. So in Sisak, for ten years now, the SOELA Solar Car Race has been taking place in June, in which about 20 Croatian high schools and faculties are already participating, with guests from European countries that do not have such races. Every year, more and more Croatian high schools and faculties make solar-powered cars just for this race.
Again, the same team from the Technical School Sisak, reinforced by external associates and with the support of the Development Agency SIMORA, a year ago launched a mega-popular high school course for technicians for video game development, which opened this year in Novska. Here, boys and girls learn to make video games, and in addition to the Technical School, they also have all the necessary support in the Business Incubator for the development of video games PISMO in Novska. Games are already taking place there, and SIMORA and the City of Novska are now preparing to welcome these students in Novska and the faculty, which provides a five-year program with 50 students per year in programming and graphics, and around which cooperation has already been established with colleges from Malaysia and New York. The future campus will also have a large arena for e-sports, the only one of its kind in Croatia.
So far, the Sisak Technical School has withdrawn more than two million euros from European funds. For its next major project that will generate new curricula and new high school courses, the Regional Center of Competence for Mechanical Engineering and Electrical Engineering, Technical School Sisak received a little less than 80 million kuna from European funds. It will be located in the former Home Guard barracks in Sisak, a protected cultural monument, and another million euros are expected for this project …
Therefore, it is quite logical that now is the time to go from the Technical School, Sisak and Sisak-Moslavina County into space with knowledge.
“Within the practicum and the Regional Competence Center, quality teacher education is planned, procurement of six small satellites in the whale (CUBEsat), one of which will be launched into medium orbit, and the others will be used for teacher education and later students. Education and assembly of small satellites, as well as the launch will be performed by professional teams that are already doing it successfully and have extensive experience. “- adds prof. Stevce Arsoski.
And the recently established Center for Space and Innovative Technology will help them there. It is an institution for the establishment of which the County Assembly made a decision in May last year, and which was then ridiculed by the public, but it was defended by experts involved in its establishment. As usual with the administration, the Commercial Court completed the registration process of the institution only in June 2020.
“The Center for Space and Innovative Technology is part of the application of the Regional Competence Center, which is starting to be implemented in the area of the former Home Guard Barracks in Sisak. Part of the total space of almost 10,000 m2 is also reserved for the area of space and innovative technologies. Until then, in accordance with the signed contracts, the Center uses the premises and equipment of the Faculty of Metallurgy, University of Zagreb and Sisak Technical School, and plans to sign contracts with other entities that have given letters of support for the establishment of the Center. Some of the projects were applied for by the Center’s partners, and funds related to space and innovative technologies were received in the amount of HRK 3 million. ”- says Darjan Vlahov, County Head of Education and Sports and Interim Director of the Center.
Sisak-Moslavina County did not come up with the idea of starting such an institution on its own, but it is the result of cooperation with interested companies, institutions, associations and individuals, who are also the founders of the Center. The Sisak Technical School is also among them. The first draft of the Centre’s work plan involves collaboration with several interested entrepreneurs on projects needed in their companies, and projects are being developed.
“The team is just being formed and there is a surprising number of people, scientists, heads of centers of excellence, institutes, faculties and the like, who have applied in the last year and are waiting for the start of the Center to return their knowledge, skills and contacts through the Center.” county and state. “- adds Vlahov. Among them are Sisak students who built the first ion aircraft in Croatian high schools in 2006. One member of that team has a doctorate in electronics, another graduated from FOI in Varaždin, and the third is a successful entrepreneur.
By the way, ion engines in high schools have been returned in recent years through the establishment of sections for space technology in vocational schools. Again, this role is played by the professor of the Technical School Sisak Stevče Arsoski, who is a member of the professional association 3A (Adria aerospace association). Since in A3 prof. Arsoski in charge of the education department wrote a work plan and learning outcomes for the space technology sections. So far, about 10 such sections have been established in schools throughout Croatia, and it has existed at the Sisak Technical School for 4 years, regardless of that.
“The work program of the section is relatively short and refers to the research of activities in the field of space technology in the world and the production of ion hovercraft and ion engine, which is currently a very interesting satellite drive, but in space conditions. This year, the Sisak Technical School section completed an interesting project “Ion Engine Model” funded by our company INA. The ion engine was supposed to be presented at a large innovation fair in Istanbul or Geneva, but due to the crown it was postponed until further notice, but it is completely finished and we are very satisfied with the work. “- says prof. Arsoski praising the 3A association, which will be among the main supporters of the Center for Space and Innovative Technology.
The association is led by prof.dr.dc Slobodan Danko Bosanac, who also leads the project of the first Croatian satellite “Perun”.
Association 3A is conceived as a gathering place for experts from the space technology sector, and, says Prof. Dr. Bosanac, space activities include various technical professions such as electrical engineering, mechanical engineering, energy, materials, then IT science, physics, chemistry, biology , medicine – and introducing the public to space activities.
“Today, we have directly over 60 members, and indirectly, through the membership of legal entities, far more. We have significant international activities, working on the Perun-I satellite project as well as designing new projects, launching popularization projects and writing a strategy and program of the Republic of Croatia for space development, introducing high-tech companies to space projects and their role in them, but and the benefits of such projects. ”- explains prof. A Bosnian who describes the Adriatic Aerospace Association as a “point of contact” in Croatia for space activities.
“The issue of technology development is crucial for development on a global level, for example the issue of ecology, energy, health. The challenge of the unknown as well as the essential needs of survival are fostered by new ideas, and through it the development of science and technology. The universe has a special place, a challenge to the unknown, stimulating the imagination but also an essential need because humanity needs to gather around big projects to survive. However, it should be emphasized that the development of space-inspired technology has enormous benefits for application on Earth, in everyday life. For example, Teflon, today replaced by new materials, or modern mattresses came from space projects. The exceptions are large states where the original motivation was purely military in nature, but subsequently moved in the same direction precisely to encourage development for terrestrial needs.
Croatia is behind them.
“In our country, the development of space technologies is still encouraged on individual initiatives, but still the awareness of the need to include Croatia in the space program is slowly reaching state bodies. There are contacts with responsible persons and agreement in principle on development directions. The problem is that there is no body that would be independent of changes in government agencies and that would be the holder of the space program. In some countries, these are space agencies, while in many it is a space office that brings together experts and as such has an advisory role to government bodies that decide on the direction of development. Our association proposes a space office without which there is simply no serious development in space technologies and science.
“Long before state-level officials. They made the decision to establish this center, which is still the only institution in Croatia, although it is still in its infancy, but good will exists. The center will bring together young people for the development and commercialization of ideas aimed at space projects, but also especially for applications for civilian purposes. “- adds prof. A Bosnian who says that the step at the state level towards Croatia’s membership in the European Space Agency (ESA) was taken a little earlier, as an indication of Croatia’s commitment to space development. Croatia is an accession member and as such we have to go through the so-called PECS program, which lasts up to 5 years, and which proves the suitability of Croatian potential for participation in the Agency’s program. However, even after more than two years, this fundamental step has not been taken – the Republic of Croatia has not launched the PECS program, which is an indication of the seriousness of the state in space development.
But again, fortunately, we are returning to private initiative. Croatia, as the only member of the European Union, does not have a single satellite in Earth orbit. However, the academic community is actively working on two satellites – FERSAT at the Faculty of Electrical Engineering and Computing and the aforementioned Perun I in Algebra under the auspices of the Adriatic Aerospace Association.
In the coming years, many high school students, technicians for small satellites, will work on this Perun 1, or some future Perun, in Sisak, some of whom will certainly continue their education at universities. Maybe in the end, by then, the Republic of Croatia will be a full member of the European Space Agency, so some of the first engineers from the Republic of Croatia in ESA will be from the Sisak Center for Space and Innovative Technology.
“It must be mentioned here that the development of space technology, especially rocket technology, started quite early in Yugoslavia. The center of development of rocket technology was in BiH, while navigation, communication and electric propulsion systems in Croatia. In 1978, the world’s most important astronautical congress IAC was held in Dubrovnik, which meant that much earlier Yugoslavia was a member of the International Astronautical Federation, the organizer of this congress, since in 1967 the congress was held in Belgrade. The IAF is a world organization whose members are active in space activities, and our association A3 has been a member since 2018 “- said Prof. Dr. Slobodan Danko Bosanac.
Posted on Wednesday June 12th, 2019 Wednesday June 12th, 2019
7th Solar automobile race SOELA 2019 Sisak
This article is available only in Croatian.
Posted on Friday January 4th, 2019 Friday January 4th, 2019
Space technology department in Sisak working on its first ion engine
The article is available only in Croatian.
A3 at the Economic Council of VU Algebra
Amendment to the National Development Strategy until 2030
Regional centre of competence in Sisak
Cooperation agreement signed between the Croatian Association of Technical Culture and Adriatic Aerospace Association
Prof. Bosanac for magazine Nacional: We’ll launch first Croatian satellite Perun I in space in the year 2022
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Eleh Ezkarah -- Sacrifice and Martyrdom
Yom Kippur, the Day of Atonement, is never an easy day. Fasting, however, is not the real problem. Rather, the day's challenge comes from its demand that we confront deep spiritual, theological, and philosophical issues we would often wish to avoid. We are asked to consider, for example: the tension between sin and forgiveness, the relationship between suffering and redemption, and the emergence of hope out of tragedy. The prayers and readings of Yom Kippur demand that we meditate on these themes as personal challenges, but present them to us in grand images on a mythic scale. The entire day is challenging but, the most challenging hour on Yom Kippur is the one dedicated to the Mussaf service.
It is early afternoon on the Day of Atonement and Mussaf is half over. The hazzan has just completed reading the lengthy poetic retelling of the worship service in the Beit HaMiqdash, the ancient Temple in Jerusalem. In our sacred imagination we left our synagogue and joined our ancestors in that most holy place as we participated spiritually in the worship service conducted by the Cohen Gadol, the High Priest, that carried our prayers for forgiveness and our hopes for a year of blessing to God.
We trembled with awe as the High Priest sent the scapegoat out into the wilderness symbolically carrying away our sins. Reverently we bowed low as the High Priest proclaimed the Holy Name of God as he beseeched the Eternal three times for forgiveness. The ancient sacrifices no longer seemed strange and off putting because we were in another place in another time.
Then our liturgy drew us back into our time and space. It jolted us, once again to face the great spiritual mystery that lies at the heart of the Yom Kippur experience: the tension between our propensity to sin and God's ceaseless offer of forgiveness, our experience of exile and God's promise of redemption. Although our transgressions destroyed the Holy Temple and brought its rituals to an end, the path to open our souls to God's gift of forgiveness and restoration remains unimpeded, particularly on Yom Kippur, the day set aside for prayer and reflection.
Now, just as we are about to offer thanksgiving for this life-affirming, life-sustaining gift, our liturgy confronts us with another kind of sacrifice in the great medieval poem "Eleh Ezkarah," "These are the Things I Remember." But here, what is remembered is not the orderly and dignified Temple sacrifices offered to God by the High Priest, but a human sacrifice. The poem recalls in terrifying detail the martyrdom of ten of our greatest sages almost two thousand years ago during the reign of the Roman Emperor Hadrian.
"Eleh Ezkarah" is not, however, a simple history legend. There is a certain timelessness to its retelling. The details that tie its story to a certain time and a place are removed. The place of execution is not identified. The events are conflated. The emperor is named "Belial," "The Evil One," and the empire is called "Malchut," "The Wicked Kingdom." The poem glosses over many of the details of the slaughter so clearly recalled in the midrashim, legends, that form its sources.
In "Eleh Ezkarah" the martyrdom of our ten sages assumes a universal quality. They have become victims of a vicious regime whose leader bears a demonic name. To the poem's anonymous author and to generations of Jews, the price paid by the ten sages to preserve the culture, wisdom and dignity of our people reflected their own struggles. The sage's brave but bitter deaths, gave transcendent meaning to the daily challenges faced by generations of Jews. Like the sacrifices in the ancient Temple, our teachers' self-sacrifice had a redemptive meaning. The recalling of their martyrdom, their deaths "al pi kiddush haShem" (for the sanctification of God's Holy Name), had the power to guide us on the path to God's gift of forgiveness and restoration.
But beyond our personal need for forgiveness, the recollection of both the worship in the Temple and the sacrifice of our sages reminds us of the price and the glory of being citizens of a dominion that is far beyond the all to often cold and ruthless earthly regimes that have and continue to oppress the bodies, minds and souls of countless human beings.
Although our sages died as Jews for their desire to preserve Judaism, we have always known that our struggle for religious and cultural freedom and self-determination is part of a greater human struggle. In prayers such as the Aleinu, we dream of a time when all humanity will be united under God's Dominion. Our prophets envisioned a time when all would stream to Jerusalem to call on God in their own voices. Our martyrs rarely died alone. The same wicked regimes that attacked Jews, all too often directed their hate to other people and other groups with varying degrees of hostility.
It is mid-afternoon of Yom Kippur. The Mussaf service has come to an end. We have a short break. Perhaps we'll take a walk or sit quietly in the sanctuary. It's been a challenging day. In our prayers and meditations we have made a spiritual pilgrimage. We have twice witnessed the opening of heaven; the first time over Jerusalem's Temple to receive the prayers of our people and the second time over an unknown arena to accept the souls of our martyrs. Once again we have faced the deep spiritual questions of the Day of Atonement and, perhaps, all the days of our lives; the tension between sin and forgiveness, the relationship between suffering and redemption, the need for hope to emerge out of tragedy. We may not, as yet, have found a full answer, but, with God's grace, we have gained some insight, grown in wisdom and discovered new meaning in our personal struggles and triumphs.
Often life's deepest spiritual questions do not ask for answers but demand responses. The quality of our response is proportional to the seriousness in which we consider the question. May we be blessed this Yom Kippur to have the courage to confront our spiritual challenges and gain the strength and insight we will need to enjoy a year of meaningful and rewarding life.
Topics: Divrei Torah, Yom Kippur
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REVIEW: Gary Nicholson/Whitey Johnson Dual Releases are Perfect Complements
June 10, 2019 June 9, 2019 David Nowels0
At first glance one might be a bit perplexed by the combination of these two releases within one review. One is the newest release from songwriter Gary Nicholson, while the second, is a collection of songs deeply rooted in the blues from Whitey Johnson. Here’s a secret, the albums are by the same person. Whitey Johnson is simply the alter-ego of Gary Nicholson an acclaimed songwriter known for his songs performed over the years by a multitude of well known artists. Buddy Guy, Ringo Starr, Willie Nelson, Bonnie Raitt and many more. There are also co-writing credits with an equally impressive list of songwriters to go along with it. Nicholson’s songs get around. With that said, lets take a look at Nicholson’s Great Divide first.
Opening with “God Help America”, one immediately recognizes the familiar strains of Kate Smith’s “God Bless America”. Nicholson augments the lyrics and message of the original with the soulful accompaniment of Ruthie Foster on co-vocal. A cursory glance through song titles of the remaining ten tracks provides the insight that the album is geared towards social causes and a statement towards our country’s current political climate. “Soft Spot” is a plucky, rolling song celebrating the simpler times when people helped one another. Here Nicholson is offering a striking contrast to your typical folk album or release focusing on making a bitter political statement at all cost. Rather than choosing a side, his focus seems to center on more root issues and human nature. “Trickle Down” is up next, with its fun bluesy approach and it’s quickly followed by the traditional folksy feel of “Immigrant Nation.” Interestingly, that refreshing contrast found in “Soft Spot” seems to be tossed aside here in favor of the more biting approach, which seemed somewhat out of sort with the rest of the album. Thankfully, the former approach rears its head again with “We Are One,” “Nineteen,” and “Troubles,” and it’s here that I found Nicholson to be at his best. “Blues In Black & White” is a heartfelt recount of racism experienced and witnessed by early traveling musicians. “Choose Love” is perhaps the most important message of the album, and perfectly placed as the reflective closer. Musically, Great Divide is a stellar presentation, with guest appearances peppered throughout by The McCrary Sisters, John Cowan, Shawn Camp, Colin Linden and more.
“Obscure” bluesman Whitey Johnson provides us with More Days Like This, which in and of itself seems to contrast the more serious subject matter contained in Nicholson’s “The Great Divide”. Here, Johnson’s focus centers more on personal happiness, life, love and romance; always suitable subjects for a bluesman regardless of his or her “obscurity.” It’s a fun, funky and soulful collection of songs co-written with others over the years. It’s always an insightful excursion with co-written songs to hear the respective songwriters’ interpretations. The often subtle and sometimes glaring differences are whats a real treat here. Highlights for me were many. I really enjoyed the album as a whole, but I did have a couple of particular highlights that stood out. “Starting a Rumor” would be a perfect choice for Bonnie Raitt. “The Blues Is Alive and Well” shines with its horns and B3 organ wailing about, while “Upside Of Lonely’s” harmonica and guitar swagger celebrates new found bachelorhood with gritty piano and a touch of humor. Joining Johnson here on “More Days Like This” we find the McCrary Sisters and Colin Linden making returns as well as stunning performances by Delbert McClinton, Dana Robinson, Kevin McKendree and many more.
While The Great Divide carries with it a weight of seriousness, More Days Like This does its best to lift the listener up and put their troubles behind them. Nicholson/Johnson has managed to release a pair of albums here that complement one another, while also managing to counter each other just as effectively. However you prefer your music to resonate with you, this songwriter has got you covered. Perhaps that’s the biggest benefit of how these respective albums have been released, and serve as a reminder to take things seriously, but don’t forget to live and have a good time. https://www.garynicholson.com/about Listen to premieres from both albums, here: Double Song Premiere: From Whitey Johnson/Gary Nicholson’s Pair of Releases
REVIEW: “Tim Buchanan With Dusk – …And on His Own”
Joan Baez Says Fare Thee Well, Ratso Returns & Rolling Thunder Revue Revisited
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Nigerian Bishop Sees Vision of Christ, Says Rosary Will Vanquish Boko Haram
Aide à l'Eglise en Détresse (AED)
Leader of embattled Catholics sees militants as "demonic"
The Nigerian bishop who is on the front lines with his people in the face of the Islamist terror organization Boko Haram minces no words when it comes to the evil that Christians face.
For one thing, he calls it "demonic."
In 2009, “we witnessed the emergence of Boko Haram, a demonic cult, which arose to ban Western education,” said Bishop Oliver Dashe Doeme of Maiduguri, Nigeria, at a religious freedom conference in Spain last weekend.
But that is no cause for despair. The bishop claims that Jesus Christ appeared to him in a vision, giving him the answer to the problem: the rosary.
“Towards the end of last year I was in my chapel before the Blessed Sacrament… praying the rosary, and then suddenly the Lord appeared,” Bishop Dashe told Catholic News Agency April 18. He said Jesus didn’t say anything at first, but extended a sword toward him, and he in turn reached out for it.
“As soon as I received the sword, it turned into a rosary,” the bishop said, adding that Jesus then told him three times: “Boko Haram is gone.”
“I didn’t need any prophet to give me the explanation,” he said. “It was clear that with the rosary we would be able to expel Boko Haram.”
The bishop said he didn’t want to tell anyone, but “felt that the Holy Spirit was pushing him to do so.”
The Diocese of Maiduguri is in northeastern Nigeria’s Borno State. The violence wreaked by Boko Haram has led to a drop in the Catholic population there from around 125,000 in 2009 to about 50,000 to 60,000, the bishop said.
Bishop Doeme has been spreading another Christian message recently as well: forgiveness.
“It is up to God and not us to avenge and take retribution,” he has said in parishes he visited during Easter week. According to Aid to the Church in Need, Bishop Doeme told the faithful that in the end, revenge and retribution would only lead to a vicious cycle of violence and war, and that the fundamental values of the Christian faith are to love our enemies and persecutors. Healing can only begin when the faithful forgive the past and look to the future with great hope and faith.
There is a lot of healing that must take place. More than 6,000 have died in Boko Haram-led violence since 2009, according to Human Rights Watch. The militants have killed 1,000 people across Nigeria in the first three months of 2015 alone. Last month, the group pledged its allegiance to the Islamic State group.
Boko HaramIslamic MilitantsNigeria
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>> Dark Side Of The Moon Cover Analysis Essay
Dark Side Of The Moon Cover Analysis Essay
Side Dark The Analysis Cover Essay Moon Of
The light region grew over the surface of the Moon with each http://eileenmyersgroup.com/2020/07/amor-patrio-by-jose-rizal-essays subsequent night. 17, 2013) and Duke Dingus (on Dec. In our world, there are a lot of things that are invisible like the dark side of the moon Apr 05, 2007 · Dark Side of the Moon (the title was a tribute to Syd Barrett, an acknowledgment of where his band left him) was – and remains – Pink Floyd’s best-loved, most enduring moment "The Dark Side Of The Moon" is the eighth studio LP to be released by Pink Floyd. It is widely considered the band’s masterpiece. Go to www.youtube.com, and put in “Karel dark side of the moon.” You will see the film (for a total of about an hour) posted by Tijl Vos (on Dec. Indeed, "there would have been no Dark Side of the Moon, and no dragons-and-warlocks-themed prog-rock epics. "I'll see you on the dark side of the moon" - Roger felt he could relate to Barrett's own feelings, and also to our own madness. Russel, S.J. We are examining the dark sides of th moon when our own darksides is what is in need of examination. Piloted by the great Autobot leader named Sentinel Prime (Leonard Nimoy), the ship was said to contain special items that could help the Autobots win the war over the Decepticons.However, the ship was hit by enemy missiles, and the ship and its crew were lost into. Paul McCartney's voice was recorded but not actually used. Uk Essays Promo Code
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Piloted by the great Autobot leader named Sentinel Prime (Leonard Nimoy), the ship was said to contain special items that could help the Autobots win the war over the Decepticons.However, the ship was hit by enemy missiles, and the ship and its crew were lost into. Here, 16 scholars set delve into the heart of Pink Floyd by examining ideas, co Pink Floyd’s sound and light shows in the 1960s defined psychedelia, but their later recordings combined rock, orchestral 3.8/5 (14) The Dark Side of the Moon (Music) - TV Tropes https://tvtropes.org/pmwiki/pmwiki.php/Music/TheDarkSideOfTheMoon The Dark Side of the Moon is Pink Floyd's eighth studio album. A number of voices were used on the Dark Side Of The Moon, including the band's tour manager and roadie. The album stands as one of the most commercially successful rock albums of all time The side of the Moon that faces Earth is called the near side, and the opposite side the far side. Between the essays, exhausting fan …. Creating An Appendix In Essay May 12, 2002 · Dark Side of the Moon, a tribute to Barrett, remained on Billboard’s Top 200 album chart longer than any other album in history. During the final days of the war that devastated the planet Cybertron, a spacecraft known as The Ark attempted to escape. Dark Side Of The Moon All Categories Africa America American History Ancient Art Asia Biographies Book Reports Business Creative Writing Dance Economics English Europe History Humanities Literature Medicine Middle East Miscellaneous Music and Movies Philosophy Poetry & Poets Psychology Religion Science Shakespeare Social Issues Speeches Sports. 1973/2003. It has never been done before. The Floyd's follow-up to The Dark Side of the Moon was another essay on everyday lunacy, dominated by the liquid-rock suite "Shine On You Crazy Diamond," a poignant allusion to errant ex-member Syd Barrett. Both covers by Storm Thorgerson / …. Artificial Intelligence: A Modern Approach, Prentice Hall. He is relating to the listener by saying he's not alone in his faults; there.
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Ending A Critical Lens Essay Lacking the historical and cultural gravitas of JFK assassination conspiracy theorists or the brazen pseudo-relevance of 9/11 conspiracy theorists, those who believe the Apollo 11 mission came out of a Hollywood backlot must toil in deepest obscurity Synopsis:A book about the Pink Floyd album, Dark Side of the Moon. The songs tell the story. Music by Pink Floyd’s Dark Side of the Moon album “On the Run”, my personal music library. By. Hipgnosis had designed several of the band's previous albums, with controversial results; EMI had reacted with confusion when faced with the cover designs for Atom Heart Mother and Obscured By …. My answer though is in 3 par. (2002). It was released March 1, 1973. Each band or musician has an emotion they want the listener to feel. The light region grew over the surface of the Moon with each subsequent night. I’m analyzing Pink Floyd’s 1973 album, The Dark Side of the Moon. The first night’s phase was waxing crescent with over 25 percent of the Moon lit up Buy Dark Side of the Moon. project is my favorite Pink Floyd album, Dark Side of the Moon.Pink Floyd is a four piece psychedelic rock band that originally consisted of https://fastfixsolutions.co.nz/andhashraddha-essay-topics Roger Waters on the bass guitar and vocals, Nick Mason on the drums, Richard Wright on the keyboard and backing vocals, and Syd Barrett on vocals and guitar who was eventually replaced with the legend that is David Gilmore My Dark Side of the Moon Analysis (read this then give the whole album a listen) I have been a Floyd fan my whole life and love DSOTM, but I stumbled upon something recently that made me realize that DSOTM is the greatest album of all time Nov 15, 2017 · Pink Floyd continued on without Syd and produced their most popular record “Dark Side of the Moon” in 1972 the went on tour for the album for the next several years. The far side is often called the "dark side," but in fact, it is lighted as often as the near side: once per lunar day Synopsis.
Surface of the moon There is one thing on the moon that is most visible. Essay by EssaySwap Contributor, High School, 11th grade, February 2008 ** The version of "The Dark Side of the Moon" that is suggested by The Definitive List is the digitally remastered and repackaged DSOTM with the solid prism / triangle on the cover (seen above) rather than the hollow prism / triangle from the original cover of the album. 'Worked out within the grooves' : the sound and structure of The dark side of the moon / Kevin J. It is a work of outstanding artistry, skill, and craftsmanship that is popular in its reach and experimental in its grasp. Hi and thanks for the A2A. Acid blues guitar solos In this essay the themes of captivity and entrapment will be used to try and unravel these dark aspects of human nature. The issue is unchanged as it was in Sevareid's day of 1958: unless we advance in discovery of ourselves, advance in technology will be in vain. "I'll see you on the dark side of the moon" - Roger felt he could relate to Barrett's own feelings, and also to our own madness. TT: 43:00 Performance ****½ Sonics ***** (SACD layers) *** (CD layer) Dark Side of the Moon is one of those rare albums that has fostered an entire mythology that continues to evolve. Album covers show what the album is about or the story behind the album.
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Edward Payson Roe
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Fiction 1 Classics
The Ultimate Christmas Collection: 150+ authors & 400+ Christmas Novels, Stories, Poems, Carols & Legends
by Mary Noailles Murfree (Author), Robert Fuller Murray (Author), John Mason Neale (Author), Thomas Nelson Page (Author), Elia W. Peattie (Author), Marjorie Pickthall (Author), Beatrix Potter (Author), Katharine Pyle (Author), Arthur Quiller-Couch (Author), James Whitcomb Riley (Author), Mary Darby Robinson (Author), Edward Payson Roe (Author), Christina Rossetti (Author), Damon Runyon (Author), Saki (Author), Walter Scott (Author), Edmund Hamilton Sears (Author), William Shakespeare (Author), Nora Archibald Smith (Author), Robert Southwell (Author), Robert Louis Stevenson (Author), Frank Stockton (Author), Harriet Beecher Stowe (Author), Algernon Charles Swinburne (Author), John Addington Symonds (Author), John Banister Tabb (Author), Booth Tarkington (Author), Nahum Tate (Author), Sara Teasdale (Author), Lord Alfred Tennyson (Author), William Makepeace Thackeray (Author), Edward Thring (Author), Henry Timrod (Author), Leo Tolstoy (Author), Anthony Trollope (Author), Thomas Tusser (Author), Mark Twain (Author), Katharine Tynan (Author), Henry Vaughan (Author), Isaac Watts (Author), Charles Wesley (Author), Anne Hollingsworth Wharton (Author), Lucy Wheelock (Author), John G. Whittier (Author), Kate Douglas Wiggin (Author), Ella Wheeler Wilcox (Author), Oscar Wilde (Author), John Strange Winter (Author), George Wither (Author), William Wordsworth (Author), William Butler Yeats (Author), Jane Austen (Author), Lewis Carroll (Author), George Orwell (Author), Agatha Christie (Author), F. Scott Fitzgerald (Author), H.P. Lovecraft (Author), Virginia Woolf (Author), Edgar Allan Poe (Author), George Ade (Author), Louisa May Alcott (Author), Raymond Macdonald Alden (Author), Cecil Frances Alexander (Author), James Allen (Author), Hans Christian Andersen (Author), Alfred Austin (Author), Mary Austin (Author), Ralph Henry Barbour (Author), L. Frank Baum (Author), William Cox Bennett (Author), William Blake (Author), Edmund Bolton (Author), Anne Brontë (Author), Elbridge Brooks (Author), Heywood Broun (Author), Frances Browne (Author), Elizabeth Barrett Browning (Author), Oliver Bell Bunce (Author), Robert Burns (Author), Ellis Parker Butler (Author), William Wilfred Campbell (Author), William Canton (Author), Willa Cather (Author), Thomas Chatterton (Author), Anton Chekhov (Author), G. K. Chesterton (Author), John Clare (Author), Samuel Taylor Coleridge (Author), Eliza Cook (Author), Susan Coolidge (Author), François Coppée (Author), Richard Crashaw (Author), F. Marion Crawford (Author), Mary Stewart Cutting (Author), Victor James Daley (Author), Aubrey De Vere (Author), Margaret Deland (Author), Emily Dickinson (Author), Charles Dickens (Author), Mary Mapes Dodge (Author), Alfred Domett (Author), John Donne (Author), Fyodor Dostoyevsky (Author), Arthur Conan Doyle (Author), William Drummond (Author), Henry Van Dyke (Author), Juliana Horatia Ewing (Author), Anne P. L. Field (Author), Eugene Field (Author), Mary E. Wilkins Freeman (Author), Richard Watson Gilder (Author), Washington Gladden (Author), Johann Wolfgang von Goethe (Author), Nikolai Gogol (Author), The Brothers Grimm (Author), Kenneth Grahame (Author), Elizabeth Harrison (Author), Thomas Hardy (Author), Bret Harte (Author), Frances Ridley Havergal (Author), Nathaniel Hawthorne (Author), Reginald Heber (Author), Felicia Hemans (Author), George Herbert (Author), O. Henry (Author), Oliver Herford (Author), Robert Herrick (Author), E. T. A. Hoffmann (Author), Florence Holbrook (Author), Thomas Hood (Author), William Dean Howells (Author), Ben Jonson (Author), Washington Irving (Author), John Keble (Author), James Joyce (Author), Rudyard Kipling (Author), Selma Lagerlöf (Author), Winifred Kirkland (Author), Andrew Lang (Author), Stephen Leacock (Author), James Weber Linn (Author), Henry Wadsworth Longfellow (Author), H. P. Lovecraft (Author), James Russell Lowell (Author), George MacDonald (Author), Charles MacKay (Author), William Topaz McGonagall (Author), Alice Duer Miller (Author), Emily Huntington Miller (Author), Olive Thorne Miller (Author), John Milton (Author), S. Weir Mitchell (Author), Lucy Maud Montgomery (Author), Clement C. Moore (Author), William Morris (Author)
Publisher: ChristmasBooks
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David Lee Roth Wants Six Versions of Kiss, Five of Him
Ethan Miller / Dimitrios Kambouris, Getty Images
David Lee Roth said he believed six versions of Kiss could be on tour at the same time in the future. He also said five versions of himself could do the same thing.
In recent years, Kiss have discussed the possibility of the band continuing without any original members. Most recently, manager Doc McGhee argued in favor of the idea, saying, “As long as [some] kids walk out there and they have that makeup and they have that attitude and they have a great fucking visual show ... that's what Kiss is. Kiss is a way of life.”
In a new interview, Roth – who’s opening for Kiss on the current leg of their farewell tour – presented the argument in his own way. “Kiss has transcended the bias of music the way Cirque de Soleil or Blue Man Group has,” he told the Lexington Herald-Leader. “I, myself, would recommend to them if that, in fact, this is the final tour, perhaps go Blue Man Group. Why couldn’t there be six variations of Kiss traveling on the continent? … It includes so much more than the music. It begins with the music, but it extends into theater and, I’ll say with respect, circus.”
He added that "for myself, I’m calling this ‘The Last Tour Unless It Isn’t.’ Once I throw in the shoes, though, I’m thinking of going Lassie. There will be five of me touring and, allegedly, one of them will be a girl. You’re going to have to come and see the shows. Several times.”
Elsewhere in the interview, the singer stated that “David Lee Roth is not a rock band. David Lee Roth is an attitude. David Lee Roth is an answer. ‘What would Dave do?’ And that’s not always so funny. I’ve seen young people join the Marines based on that. I know a couple Marines who didn’t come back. I know what their parents think. I know people who got married based on that. And I know a few who got divorced based on that. There are a lot of considerations bittersweet. There’s a little sea salt in the caramel, and I take it all seriously. It has always been way more transcendent than simply music.”
David Lee Roth Through the Years: 1977-2018 Photos
Next: Top 10 David Lee Roth Songs
Source: David Lee Roth Wants Six Versions of Kiss, Five of Him
Filed Under: David Lee Roth, KISS
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Serious Sam 3 is hardcore, difficult, and lovely
Serious Sam 3 combines punishing difficulty with virtuoso encounter design and …
Ben Kuchera - Dec 6, 2011 5:20 pm UTC
Serious Sam 3 is a classical first-person shooter, much like the first two games of the series, or even something like Painkiller. You are a man who can carry a large number of guns, and you are presented with a series of bad guys you need to kill with those guns. You'll see many weapons return from the previous games in the series, along with a few new guns that are still familiar from other video games. There are no wheels being reinvented here; the developers at Croteam clearly want you to understand each weapon the second you see it in the game.
pc*
Release Date: now
* = platform reviewed
Things begin slowly, and the first level or two could even be described as boring. The level design is frustrating in places, and I found myself getting lost once or twice in the first few sections, which shouldn't happen in a game this linear. I also bumped into a clipping issue or two, and the cut-scenes don't look as good as we're used to in modern PC gaming.
These are small nits I'm picking, however, as the experience comes to life when the enemies begin to fly at you in waves and you feel the relentless rhythm of the game. Serious Sam 3 is unique in the current market of action games; it's willing to throw everything it has at you, all the while cackling madly. Don't be afraid to kick the difficulty down or to take a break if you become frustrated, but also be aware that finishing each section will give you the same well-earned sense of satisfaction you may recognize from games like Dark Souls.
Serious Sam 3's design is reminiscent of 2D shoot-em-ups. Each enemy moves and attacks in set ways, and the game sends them at you by the dozens—and sometimes by the hundreds. The waves of enemies will cause you to move and fire in certain ways to avoid damage, and when you begin to feel comfortable, the game will layer on another kind of enemy. You'll run backward, circle-strafe, allow the bad guys to take each other out, and of course keep an ear out for the headless monstrosities that run screaming at you until they explode. You need to have a strong headset or speakers for this game, as it's absolutely necessary for you to be able to hear where the enemies are in relation to your character. Stereo speakers are good, but surround sound is better. Trust me, the audio cues are important.
Serious Sam 3 Launch Trailer
What's clear is that everyone involved with the game spent a large amount of time working on the design of the levels. A lot of thought went into the enemies' attacks—where they come from, in what order, and how many in each wave. The enemy placement and movement is conducted like instruments in a symphony. It's a wonderful thing to play, even as you're cursing the game's difficulty. That's why this is more like a shoot-em-up than a first-person shooter: the enemy placement and waves are what makes the game special, with each seemingly simple enemy being used to its maximum effect. Each type of bad guy is relatively easy to deal with and destroy, but when you're forced to layer your strategies on top of each other as you fight multiple kinds of bad guys at the same time, and then more warp in, things become frantic. You'll find yourself getting into a rhythm-game like zone, and that's a wonderful feeling.
Our Velocity Micro gaming rig
Microsoft® Windows® 7 Home Premium 64-bit
Intel® Core i7 2600k processor, Hyperclocked
Patriot 8GB 1600Mhz PXD38G1600LLK Memory
EVGA GTX 580 1536 MB 015-P3-1580-AR
Asus P8Z68-V Pro Motherboard
Patriot 2 x 120GB Wildfire SATAIII SSD PW120GS25SSDR in RAID 0
LG UH12LS28 BDROM/DVDRW
The game also provides a wealth of options that used to be common in PC games, but are now worth pointing out in reviews. You can change the behavior of weapon autoselect to "never," "always," "only if new," or "only if stronger." You can play in a third-person view if you prefer. You can turn the camera bob on or off. You can change the crosshair, and you have a wealth of fun options for blood and gore. You can even change the weapon autoselect behavior to be different in single- and multiplayer. You can adjust the field of view, show the frames-per-second, turn the HUD off... the list goes on. Nearly everything can be tweaked and adjusted, which is right and proper.
Of course, there is also a full suite of multiplayer options, including up to 16-player co-op through the campaign, a survival mode where the game simply throws enemies at you until you succumb, and modes such as the expected deathmatch and one-hit kill, where a single bullet takes you out. There are a number of ways to play online with friends or enemies, and some of them are pretty damn fun. A fair warning, however: some of the more obscure game modes seem to be empty, with little server support.
If you have a deep love of classical first-person shooters or enjoy games that deliver pure action, it doesn't get much better than this, especially with the wealth of options offered for play. You can save at any time, and you'll want to use that option if you'd like to get ahead. Some players are going to be turned off by the difficulty or the game's simple design, but even more are going to fall in love with a developer's mastery of this genre. Welcome back Sam. We missed you.
Verdict: Buy
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Mtaa Challenge
FINDING HER STRONG
Home FINDING HER STRONG
Violation of women rights is a critical challenge in the slums of Kenya. There is evidence that every other woman has experienced one or another form of violence in their day to day life. Verbal abuse, threats and intimidation; Rape and domestic violence are ever present dangers.
This project seeks to protect human rights in the slums of Kenya, especially to bring a change to Violence Against Women (rape, domestic violence).
Alliance of Slum Media Organizations (ASM0) is implementing Finding her Strong Project in three slum sub-counties of Nairobi (Korogocho, Dandora and Mathare. The project started on January 2020.
ASMO seeks to empower 50 young women and men film makers, photographers and Spoken word artists from the slums of Nairobi to become active human rights defenders using film, photography and spoken word poetry as a means of communicating and advocating for change. ASMO will build capacity of these young artists to be able to understand the depth of human rights dimension, women and child rights, and how to document, produce and communicate and advocate for rights using the arts as the medium.
ASMO will track and monitor improvements in understanding of human rights and women rights spectrum of issues; their capacity to document, to arrange and produce artistic productions. We will also track and monitor screenings (number of people reached disaggregated by gender). We expect the films produced will be submitted for competitions in film circuits and ASMO will monitor their performances. The productions will be undertaken with ASMO’s guidance and these will be monitored too.
This is the challenge this programme using the power of media seeks to address. It has several objectives:
1.To increase public awareness and social mobilization to prevent and end violence against women and girls.
2. improve women’s access to education, skills training, and health information.
3. Give a space to women to tell their own stories using storytelling, film, photography and digital literacy.
4. Investing in innovative grassroots networks of women who are making changes within their communities
5. Target men to mobilize against violence against women and girls
6. To ensure public institutions and service providers are accountable to women and girls for prevention, protection, and response.
INTERESTED? TALK TO US!
2020 © Copyrights Alliance of Slum Media Association.
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Celtic mythology
Baillie, Mike
Mike Baillie is Emeritus Professor of Palaeoecology in the School of Archaeology and Palaeoecology, Queen’s University, Belfast. He is a dendrochronologist[113] of world renown, who outlined in his recent book [111] the evidence for catastrophic encounters with asteroids or comets over the past five millennia that opened a whole new chapter in the search for the truth about our past. Baillie ascribes these events to 2354-2345 BC, 1628-1623 BC, 1159-1141 BC, 208-204 BC and 536-545 AD. He touches on a number of legendary and historical events such as the Deluge, the Exodus and King Arthur, but seems to studiously avoid any direct reference to Atlantis. Nevertheless, his theory in conjunction with the suggestions of writers such as Emilio Spedicato enhances the possibility of the destruction of Atlantis being a consequence of a more widespread catastrophe.
In 2004 it was revealed that a very large comet or asteroid, estimated to be ¾ of a mile in diameter, crashed into what is now Germany. The date is calculated at 200 BC, which coincides with one of Baillie’s dated catastrophes. A crater field stretching from the town of Altoetting to Lake Chiemsee is all that remains today.
Perhaps even more relevant to our study was a PowerPoint presentation(b) from Baillie to a Quantavolution Conference in Athens in 2011, which offered compelling evidence for a catastrophic event in 2345 BC. His data reinforces the work of George Dodwell who demonstrated with his study of ancient gnomons, decades earlier, that something dramatic happened to the rotational axis of the Earth in 2345 BC, which is possibly the same 2346 BC encounter with a comet proposed by William Whiston in 1696. At the same conference Baillie also presented evidence for dating the eruption of Thera to 1628 BC.
Baillie is also co-author with Patrick McCafferty of a fascinating work[112] that reinterprets some of the heroes and gods of Celtic mythology as a coded account of our ancestors’ observation of a close encounter or impact of comets with the Earth. However, Baillie’s books should be read in conjunction with an equally compelling volume[148](a) by David Talbot and Wallace Thornhill who offer a complementary but rather than conflicting interpretation of early man’s perception of highly visible cosmic events. Talbot and Thornhill have linked ancient myths and thousands of petroglyphs with their view of an electric universe, where large-scale plasma phenomena were witnessed and recorded by preliterate man. Their book has drawn extensively on the work of Dr. Anthony Peratt, who has gathered and classified an enormous database of petroglyphs from all over the world(d) that are apparently a record of celestial demonstration(s) of plasma physics.
Nevertheless, Baillie also has his critics, particularly in relation to his attitude towards proponents of the ‘New Chronology’ such as Peter James and David Rohl(c).
(a) www.thunderbolts.info
(b) https://www.qconference-athens-2011.grazian-archive.com/the2345topicmbai/index.html
(c) https://www.cais-soas.com/CAIS/Religions/non-iranian/Judaism/Persian_Judaism/book6/pt1.htm (half way down page)
*(d) https://ieeexplore.ieee.org/document/1265340*
Tagged Anthony Peratt, Asteroids, Celtic mythology, comets, David Rohl, David Talbot, Deluge, dendrochronology, Emilio Spedicato, Exodus, George Dodwell, gnomons, King Arthur, Lake Chiemsee, Mike Baillie, Patrick McCafferty, Peter James, plasma physics, Thera, Wallace Thornhill, William Whiston
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TRID - The When and Why of Revised Disclosures
Kelly M. Owsley & Jack Holzknecht
Jack Holzknecht is the CEO of Compliance Resource, LLC. He has been delivering the word on lending compliance for 41 years. In 36 years as a trainer over 130,000 bankers (and many examiners) have participated in Jack’s live seminars and webinars. Jack’s career began in 1976 as a federal bank examiner. He later headed the product and education divisions of a regional consulting company. There he developed loan and deposit form systems and software. He also developed and presented training programs to bankers in 43 states. Jack has been an instructor at compliance schools presented by several state bankers associations. As a contractor, he developed and delivered compliance training for the FDIC for ten years. He is a Certified Regulatory Compliance Manager and a member of the National Speakers Association.
Kelly M. Owsley is Director of Training Services for Compliance Resource, LLC. Kelly’s career in banking began in 2000. Since then she has worked for financial institutions ranging in asset size from $250 million to $3 billion. Kelly has worked in numerous areas of the financial services industry including retail branch management, lending, product development and training. In addition, Kelly spent three years in a training and development role with CUNA Mutual Group servicing the largest credit union in the United States. Most recently, she served as the Vice President of Compliance, BSA Officer, and CRA Officer for a community bank where she was responsible for implementing and training all compliance related topics. Kelly has conducted seminars in multiple states and has participated in numerous webinars sponsored by national providers. She is a Certified Regulatory Compliance Manager.
Kelly M. Owsley & Jack's Other Events
WHEN: The Consumer Financial Protection Bureau (CFPB) published a final rule to implement the Truth-in-Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) rules on November 20, 2013. TRID rules and guidance from the CFPB continue to evolve. One of the stated goals for the new integrated disclosures was to reduce the need for revised disclosures. No progress has been made on that goal; the frequency of revised disclosures has increased.
Dealing with revised disclosures has become one of the major challenges of TRID compliance. The frequency of revised disclosures is much greater than anticipated. The intricate timing requirements for the revision process are problematic. Just determining when a new disclosure may be given is not always clear.
WHY: Proper handling of revised disclosures can, in certain circumstances, reduce creditor liability. Mishandling revised disclosures can result in Truth-in-Lending Act violations and violations of Section 5 of the FTC Act (Unfair or Deceptive Acts or Practices). The rules are complex, and CFPB guidance on this aspect of TRID is lacking.
Some questions to consider:
Are revised disclosures required or merely permitted?
Is a revised disclosure allowed when no changed circumstance is present?
What are the timing requirements for a revised Loan Estimate or Closing Disclosure?
Does providing a revised disclosure always reset the permitted tolerance?
What is the link between revised disclosures and UDAP/UDAAP liability?
This two-hour webinar answers these questions and provides a thorough review of the timing, content, and cure requirements for revised disclosures. TRID veterans and TRID rookies will benefit from this review of the rules for revised disclosures.
The timing and delivery requirements of the Loan Estimate and the Closing Disclosure
When a revised Loan Estimate may be issued; including situations such as changed circumstances, borrower requests, and expiration of terms
When a revised Loan Estimate should be issued
The timing and content rules for a revised Loan Estimate and for a revised Closing Disclosure
Documentation requirements for revisions
When estimates are considered to be "in good faith" and the applicable tolerances
The circumstances under which a revised disclosure resets the allowed tolerance
Changes before consummation that do or do not require a new waiting period
Whether a changed circumstance can occur after delivery of the Closing Disclosure
When refunds are required and how to make and disclose the refund
Rules regarding changes due to events occurring after consummation; and
How mishandling revised disclosures may result in UDAP/UDAAP violations
Mortgage loan department managers, compliance officers, loan officers, auditors and others with responsibilities for preparing, delivering or auditing integrated disclosures
This 2 hour event was recorded on Wednesday, August 17th, 2016.
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Feast Days and New Moons
Articles and Study
John Chapter 17
Jul 31, 2015 | A Study in John
John 17: This chapter contains Yeshua’s prayer to His Father before He goes to His death.
This prayer has three sections. In verses 1-5 Yeshua prays for Himself. In verse 6-19 Yeshua prays for His eleven disciples that were with Him. In verses 20-26 Yeshua prays for all of Israel.
(John 17:1 NASB) These things Jesus spoke; and lifting up His eyes to heaven, He said, “Father, the hour has come; glorify Thy Son, that the Son may glorify Thee,
John 17:1: Keep in mind that they are not in the upper room. They are somewhere on their way to the Garden of Gethsemane.
Yeshua stops talking to the disciples and starts talking to His Father. He is speaking to the Father, but He is doing it for their benefit.
(John 17:2 NASB) even as Thou gavest Him authority over all mankind, that to all whom Thou hast given Him, He may give eternal life.
John 17:2: Yeshua, according to Scripture, has power over all flesh (Psalm 2:6-12, Daniel 7:13-14). He says all of those that the Father has given Him, He will give eternal life.
(John 17:3 NASB) “And this is eternal life, that they may know Thee, the only true God, and Jesus Christ whom Thou hast sent.
John 17:3: Eternal life is knowing the Father (Jer. 9:23-24, 31:33-34, Isa. 51:7-8, Psalm 119:77).
(John 17:4 NASB) “I glorified Thee on the earth, having accomplished the work which Thou hast given Me to do.
John 17:4: Yeshua has finished His work of teaching and giving signs (John 9:1-4). He is about to enter into His work of redemption.
(John 17:5 NASB) “And now, glorify Thou Me together with Thyself, Father, with the glory which I had with Thee before the world was.
John 17:5: Yeshua was His Father’s Word which became flesh and dwelt among us. He laid aside His glory for a time in order to accomplish His Father’s Will (Philippians 2:6-8). Now Yeshua is ready to return to heaven and to His glory.
The next 14 verses contain the section where Yeshua prays for His eleven remaining disciples.
(John 17:6 NASB) “I manifested Thy name to the men whom Thou gavest Me out of the world; Thine they were, and Thou gavest them to Me, and they have kept Thy word.
John 17:6: Yeshua has manifested the Father’s name (character) to those who the Father gave Him and they have kept His Word (Prov. 2:1-5).
The disciples were chosen by the Father. They were neither an accident nor a surprise. They were to know Yeshua and entrust in Him. They have done that.
John 17:7 NASB) “Now they have come to know that everything Thou hast given Me is from Thee;
John 17:7: The disciples understood who Yeshua is and where He gets His power (Matt. 16:13-16). They didn’t understand about His death and resurrection and His purpose. But they did understand who He is.
(John 17:8 NASB) for the words which Thou gavest Me I have given to them; and they received them, and truly understood that I came forth from Thee, and they believed that Thou didst send Me.
(John 17:9 NASB) “I ask on their behalf; I do not ask on behalf of the world, but of those whom Thou hast given Me; for they are Thine;
(John 17:10 NASB) and all things that are Mine are Thine, and Thine are Mine; and I have been glorified in them.
John 17:10: Yeshua has given His Father’s Words to them and they received His Words.
(John 17:11 NASB) “And I am no more in the world; and yet they themselves are in the world, and I come to Thee. Holy Father, keep them in Thy name, the name which Thou hast given Me, that they may be one, even as We are.
John 17:11: Yeshua prays for His disciples to be kept in the Father’s Name (character) in order that they may be one, even as He and His Father are One.
(John 17:12 NASB) “While I was with them, I was keeping them in Thy name which Thou hast given Me; and I guarded them, and not one of them perished but the son of perdition, that the Scripture might be fulfilled.
John 17:12: Yeshua kept all of them that Elohim gave Him. The one who was lost was Judas Iscariot. That was prophesied in the Psalms and elsewhere.
(John 17:13 NASB) “But now I come to Thee; and these things I speak in the world, that they may have My joy made full in themselves.
(John 17:14 NASB) “I have given them Thy word; and the world has hated them, because they are not of the world, even as I am not of the world.
John 17:14: His disciples have His Word, or His Torah, written in their hearts and minds. Because of this, the world hates them (Prov. 29:27).
(John 17:15 NASB) “I do not ask Thee to take them out of the world, but to keep them from the evil one.
John 17:15: Yeshua does not want His people out of this world. He prays that we are kept from the evil one, or Satan (1 John 5:18).
(John 17:16 NASB) “They are not of the world, even as I am not of the world.
John 17:16: We are aliens to this world because we are citizens of the kingdom of heaven (Philippians 3:20-21).
(John 17:17 NASB) “Sanctify them in the truth; Thy word is truth.
John 17:17: Sanctify means “to set apart.” We are set-apart from the world by being obedient to His Words. We are not sanctified merely by hearing or saying His Words. We are sanctified from the world by being obedient to the Truth (Romans 2:13, James 1:22-25).
(John 17:18 NASB) “As Thou didst send Me into the world, I also have sent them into the world.
(John 17:19 NASB) “And for their sakes I sanctify Myself, that they themselves also may be sanctified in truth.
(John 17:20 NASB) “I do not ask in behalf of these alone, but for those also who believe in Me through their word;
John 17:20: This prayer is not just for the eleven. He prays for all those who have faithfulness in Him and entrust in Him. He is praying for us on a continual basis (Isaiah 53:12, 1 John 2:1-2).
(John 17:21 NASB) that they may all be one; even as Thou, Father, art in Me, and I in Thee, that they also may be in Us; that the world may believe that Thou didst send Me.
(John 17:22 NASB) “And the glory which Thou hast given Me I have given to them; that they may be one, just as We are one;
John 17:22: Yeshua has given us the same glory (approval) that His Father has given Him. He does this in order that we may all be one. He wants His people united just as He and His Father are united.
(John 17:23 NASB) I in them, and Thou in Me, that they may be perfected in unity, that the world may know that Thou didst send Me, and didst love them, even as Thou didst love Me.
(John 17:24 NASB) “Father, I desire that they also, whom Thou hast given Me, be with Me where I am, in order that they may behold My glory, which Thou hast given Me; for Thou didst love Me before the foundation of the world.
John 17:24: Yeshua wants us to be perfected in unity with one another. He wants the world to know that we are loved by the Father through the unity that we should have.
Yeshua asks that we be with Him and behold His glory (Isaiah 33:17). Yeshua wants us to have perfect fellowship with Him. We do not have perfect fellowship with Him through a give-and-take relationship. We have that through obedience to Him. That is Elohim’s purpose for His people.
(John 17:25 NASB) “O righteous Father, although the world has not known Thee, yet I have known Thee; and these have known that Thou didst send Me;
(John 17:26 NASB) and I have made Thy name known to them, and will make it known; that the love wherewith Thou didst love Me may be in them, and I in them.”
John 17:26: Yeshua has made the name (or character) of the Father known to them. Yeshua prays that the love of the Father be in all of us (Exodus 34:5-7).
Patrick McGuire
Patrick McGuire and Beit Yeshua Torah Assembly
All rights reserved, no portion of this Lesson may be reproduced in any manner whatsoever without written permission except in the case of brief quotations in articles and reviews.
Beit Yeshua Torah Assembly
2020 Feast Days & New Moons
Rebuttal to “Dangers of the Hebrew Roots Movement written by Tim Chaffey on March 17, 2018”
Galatians Chapter 6
A Study in 1 Peter
A Study in Colossians
A Study in Exodus
A Study in Galatians
A Study in Genesis
A Study in John
A Study in Leviticus
A Study in Luke
A Study in Matthew
A Study in Romans
Apologetics and Basic Beliefs
Debate and Discuss
Have You Ever Wondered About…
Messianic Misconception Mania
Overcoming the Paradigms of Christianity
Overcoming the Paradigms of Prophecy
The Middle East Update
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OWEN, OWEN GRIFFITH Alafon (1847-1916), Calvinistic Methodist minister and poet
Name: Owen Griffith Owen
Pseudonym: Alafon
Occupation: Calvinistic Methodist minister and poet
Area of activity: Poetry; Religion
Author: Edward Morgan Humphreys
Born 8 November 1847 at Pant Glas, Eifionydd, where his father kept the inn. He had little early education and as a child he worked for a time on a farm. When about 12 years old he went to live with an aunt in the Carmel district of Caernarvonshire and worked in the Dorothea quarry, Tal-y-sarn. He was afterwards a clerk in the Braich quarry, Upper Llandwrog. He began to write verse at an early age and had won some eisteddfod prizes while he was working in the quarry. When he was about 29 he decided to enter the Calvinistic Methodist ministry; he went to the Clynnog preparatory school, to Bala C.M. College and, for two or three terms, to Edinburgh University, leaving without taking his degree. He was called to the pastorate of the church in Ysgoldy, Caernarfonshire, in 1883; this was his only pastoral charge and he remained there until the end; he was ordained in 1885. He was not a popular preacher, but he was a model pastor of a country church, a gentle and kindly man with a host of friends, not only amongst men, women, and children, but also amongst wild creatures, birds in particular. As a poet he was more than once within a little of winning the national chair and crown, but his best work is to be found in his englynion and in his shorter lyrics. In his prose, which is usually good, he shows something of his quiet humour. In 1904 he edited a selection from the writings of W. R. Jones (Goleufryn), and edited Y Drysorfa from 1913 until his death. He published two books, a volume of verse, Cathlau Bore a Nawn (1912), and a little book of essays, Ceinion y Gynghanedd (1915). He was unmarried. He died 8 February 1916, and was buried at Bryn'rodyn, near Groeslon, Caernarfonshire
His brother, WILLIAM GRIFFITH OWEN (' Llifon '; 1857 - 25 September 1922) was a Baptist minister, a poet, and a notable eisteddfodic conductor (on him, see Y Geninen, 1923, 109).
Edward Morgan Humphreys, (1882 - 1955)
R. H. Watkins, Cofiant a Gweithiau y Parch. O. G. Owen (Alafon) (Dolgellau 1926)
personal knowledge.
Article Copyright: http://rightsstatements.org/page/InC-RUU/1.0/
Humphreys, E. M., (1959). OWEN, OWEN GRIFFITH Alafon (1847-1916), Calvinistic Methodist minister and poet. Dictionary of Welsh Biography. Retrieved 17 Jan 2021, from https://biography.wales/article/s-OWEN-GRI-1847
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LEGIONARIES OF CHRIST REPORT CHAIN OF ABUSE AS VICTIMS WENT ON TO ABUSE OTHERS.
Post date 26th Dec 2019
90 Comments on LEGIONARIES OF CHRIST REPORT CHAIN OF ABUSE AS VICTIMS WENT ON TO ABUSE OTHERS.
By Cindy Wooden Catholic News Service
12.23.2019 8:45 AM ET
ROME (CNS) — Demonstrating a strong “chain of abuse,” the Legionaries of Christ said its founder, the late Father Marcial Maciel Degollado, sexually abused at least 60 minors and that at least another 51 youngsters were abused by Father Maciel’s victims or victims of his victims.
The Rome-based headquarters of the Legionaries released a report Dec. 21 looking at the “phenomenon of abuse of minors” by members of the order from its founding in 1941 through December 2019.
At the same time, the Legionaries of Christ in the United States released the names of four members who had been “active in ministry” in the United States and against whom there were “substantiated sexual abuse allegations.”
The commission that drafted the international report “identified 175 minors as victims of sexual abuse committed by 33 priests of the congregation” in the 78 years since the order’s founding, according to “available records.” The commission noted, however, that it “does not claim that its study could have discovered all cases” or that all victims have come forward.
“The vast majority of the victims were boys between the ages of 11 and 16,” the report said.
The report found that 111 of the 175 victims — more than 63% — “were either victims of Father Maciel or were victims of his victims.”
Since its founding, the Legionaries said, “1,353 priests were ordained in the congregation, 367 of whom either since left or have passed away.” The 33 sexually abusive priests represent 2.4% of all those ordained.
In addition, the report said, 74 Legionaries novices and seminarians abused minors; three of the 74 went on to become priests who abused youngsters, and they are included among the 33 priests who abused.
Of the 74, it said, 60 never became priests of the order. The report did not give statistics on how many of the 60 decided to leave and how many were ejected from the order, although it said “most” of them were dismissed.
“Of the 14 who were ordained, two have since passed away, two have restrictions, four are under investigation, and six are no longer under the jurisdiction of the congregation,” the report said. “According to the historical records, of the three that were ordained after 2005, the superiors admitted them to ordination without knowledge of the facts.”
The report makes a distinction between what happened before and after 2005. After the Vatican re-opened an investigation into decades-old claims that Father Maciel was a serial abuser, the Mexican-born priest stepped down as head of the Legionaries in January 2005.
When then-Cardinal Joseph Ratzinger was elected Pope Benedict XVI four months later, he accelerated the investigation and, in 2006, ordered Father Maciel to cease all public ministry and withdraw to “a life of prayer and penance.” At the time, the Legionaries continued to support Father Maciel’s claims of innocence.
The report on abuse within the Legionaries acknowledged that members became “aware, in a slow and painful process, of the abuses Father Maciel committed and of the consequences they had on the congregation.”
At least twice — in 2016 and again in February — Pope Francis has told reporters that Pope Benedict was the reason Father Maciel finally was dealt with after decades of allegations, including some made in the 1950s.
Pope Benedict tenaciously investigated the allegations and insisted “there was a need to clean the church’s dirt, the garbage,” Pope Francis said in 2016.
In February, flying back from Abu Dhabi, Pope Francis again spoke about Pope Benedict’s efforts to fight clerical sexual abuse. In his remarks, he did not mention the Legionaries of Christ, but it was widely presumed he was speaking of Father Maciel’s case.
As prefect of the doctrinal congregation, the pope said, then-Cardinal Ratzinger “had all the papers, all the documents, about a religious organization that had internal sexual and financial corruption.
His efforts, Pope Francis said, were repeatedly blocked. After finally being able to present a report to St. John Paul II, Cardinal Ratzinger returned to his office and “said to his secretary: ‘Put it in the archive, the other party won.'”
“We must not be scandalized by this, they are steps in a process,” Pope Francis told reporters.
Finally, when Pope Benedict succeeded St. John Paul, “the first thing he said was: ‘Bring those papers from the archive,'” and he began the process that removed Father Maciel from ministry, Pope Francis said.
The Legionaries’ report said 14 of the 33 priests who abused others were themselves abused in the order.
The order’s minor seminaries “were the most vulnerable environment” for abuse to occur, both by priests and by other seminarians, it said. Those institutions were a major focus when “safe environment policies” were implemented, beginning in 2015.
“The last known case of sexual abuse in a minor seminary of the congregation occurred seven years ago, in 2012,” the report said. And the last known allegation of sexual abuse in a Legionaries school was in 2013.
“We deplore and condemn the abuses committed in our history, as well as those institutional or personal practices that may have favored or encouraged any form of abuse or re-victimization,” the order said. ” We ask forgiveness of the victims, their families, the church and society for the grave harm that members of our congregation have caused.”
“Because of differences in national legislation and due to the ethical considerations at play, the report does not include a list of the names of priests who have credible allegations of abuse of minors,” the report said. But “the Legion of Christ in the United States has decided to publish its list, according to the practice of several dioceses and religious congregations.”
Two of the four Legionaries on the U.S. list have since died: Brother Francisco Cardona, who allegedly abused students at Immaculate Conception Apostolic School in Center Harbor, New Hampshire, in the 1980s; and Father Guillermo Izquierdo, who abused young men while novice director in Cheshire, Connecticut, in 1982-1993.
A third member, Father Benjamin Cieply, has been dismissed from the order, the Legionaries said, explaining “there is a high probability that he sexually abused a minor in 2016 during his probationary period in the Archdiocese of Miami. He was removed from ministry and his case was referred to the Congregation for the Doctrine of the Faith. Judgment is still pending.”
The fourth is Fernando Cutanda, a former Legionaries priest, who, like Brother Cardona, “abused students during his tenure as a formator at the Immaculate Conception Apostolic School, in Center Harbor, New Hampshire, in the 1980s.”
I do not believe the figures published by the Legionaries.
I believe the true figures are far higher.
The Legionaries have always been a secret, lying crowd.
Maciel gave the Vatican and John Pole 11 millions.
In return the Pole and Vatican covered up for him and allowed him to continue abuse.
The Legionaries should be completely suppressed
The Pole should be de-sainted.
PROFOUND DISRESPECT FOR THE MASS
In this video, you see a priest, who thinks the Mass is all about him, disrespecting the Mass.
These narcissistic, all singing and dancing priests, use the Mass to boost their ego.
Its one of the reasons some people hark after the reverence of the old Latin Mass.
THE SICKNESS OF THE CLERICAL MIND 😈
61 Comments on THE SICKNESS OF THE CLERICAL MIND 😈
THIS IS ONE THE NICE COMMENTS THAT COME INTO THE BLOG EVERY NIGHT – USUALLY WELL AFTER MIDNIGHT.
They come from clerical people – priests, former priests, seminarians, and ex seminarians – annoyed at the exposure of them and their rottenness over the past five years.
Its Its perfectly clear to me that these men are wicked in the extreme and have serious mental, emotional and sexual disturbances.
Its also abundantly clear that they have no place in ministry or in any kind of work with people. They are too sick and and too dangerous.
It also justifies this blog’s work in exposing them and their utter sickness.
And, of course, they are simpering cowards, pouring out their venom from the dark corners of the hell which is their minds.
Get behind me Satan!
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Cyber Rendezvous https://www.brutalresonance.com/review/nature-of-wires-cyber-rendezvous/ Futurepop, EBM Nature of Wires Steven Gullotta Cyber Rendezvous by Nature of Wires / CountessMNature of Wires is a long dormant EBM/Futurepop project that has its roots in eighties and early nineties. However, after life got in the way and the same set was played live for six months, lead singer Gary Watts stepped away from making music for a while...And for a while, I mean nearly twenty years. However, after a turnover in life which helped him regain balance, he came back to the studio with lyricist and vocalist CountessM. The new wave singer who mainly deals in collaborations lent her voice to the entirety of an entire album's worth of songs which would eventually come to be called Cyber Rendezvous.Though the album prides itself on Futurepop/EBM, the tone is often extremely dark and not-so-bright as most other albums in the genre tend to show themselves off. While I did find that bit odd I also found it refreshing and addicting. You might actually think you're about to get into either a seriously heavy industrial/aggrotech in the opening moments of the first song ''Til Tomorrow' as slamming percussion and cinematic sounds are played out, but that all changed once the minute mark hits. CountessM's voice comes in, the groove is broken, and the electronics start to obtain a more dance friendly theme. A lot of the songs have the same flow; they all have a very unique Nature of Wires stamp on them. The beats are tough, rigid, and emotional yet comforting and hallowed. I found the backing synths in 'Don't Let The Vultures In' and 'While You're Here' giving me goosebumps and the layered beats of 'Reaction' to be otherworldly. The title track has very well placed, angry samples with a more EBM than futurepop beat. I'm not talking your strict minimal EBM flow, but the beat is more restricted this time and not as free as others. This is not bad; it just reflects the attitude of the song and it does it well. 'Dance With Your Own Skeletons' has the same kind of vibe, just not as pissed. 'We Kill All' brings in some lo-fi electronic loops alongside the emotional and riveting synths. The first song to truly call back to the eighties in all forms would be 'Perfect Menagerie'; I don't know whether it's the synths or just the overall aura of the song, but it was pretty damned good. 'Beguiled of Fertility' is the end song on the album which mixes ambiance, church like chanting, and a slow rolling beat altogether. It was odd, and creepy, but I loved it; I could see it being used in a horror film. Now, for the whole review I've been talking about how great the music on the album was and I'll stick to that. Watts is a god damned genius and I want to hear more of what he can do. However, I do have a few problems with CountessM as the lead vocalist on the whole album and that's where it's held back. CountessM was absolutely brilliant on the final two tracks on the album. Her more spoken word than sung vocal styling excelled the final track to another degree of creepy, and on 'Perfect Menagerie' she was able to feel the flow and glow of the song and arrange her singing accordingly. However, the problem lies on the other tracks. As I said, CountessM is pretty good when it comes to spoken word music with a slight melody to it. I think it would sound good given the right music, but with Nature of Wires' heavy beats, hard percussion, and otherwise thrilling and energetic music, there needs to be a vocalist who can match that intensity. CountessM sounds like she's singing for a much more laid back band; Nature of Wires need a singer who can really get going with the rhythm and hype up the energy even more, not put it back down. I felt as if the album was crossing between easy listening and dance music, and I never knew if I should get up and dance or sit down and relax. Both of these musicians are good in their own right, however I do not believe it was wise to have them collaborate for an entire album's worth of material. The mixing is good enough however that I can shrug off CountessM's singing for the most part and enjoy the rhythms from Nature of Wires. Come the final two tracks once more, however, I will enthusiastically listen to both of the sounds from these two musicians. Especially 'Beguiled of Fertility'. As that's my personal favorite on the whole album.Complaints aside and the fact that I was still able to make it through the album and love a couple of songs warrant a 7 out of 10. Go see what you think. July 20, 2016 https://www.brutalresonance.com/review/nature-of-wires-cyber-rendezvous/ 450
Nature of Wires - Cyber Rendezvous
Electroracle
Released 2016 by AnalogueTrash
Futurepop, EBM
Cyber Rendezvous by Nature of Wires / CountessM
Nature of Wires is a long dormant EBM/Futurepop project that has its roots in eighties and early nineties. However, after life got in the way and the same set was played live for six months, lead singer Gary Watts stepped away from making music for a while...And for a while, I mean nearly twenty years. However, after a turnover in life which helped him regain balance, he came back to the studio with lyricist and vocalist CountessM. The new wave singer who mainly deals in collaborations lent her voice to the entirety of an entire album's worth of songs which would eventually come to be called Cyber Rendezvous.
Though the album prides itself on Futurepop/EBM, the tone is often extremely dark and not-so-bright as most other albums in the genre tend to show themselves off. While I did find that bit odd I also found it refreshing and addicting. You might actually think you're about to get into either a seriously heavy industrial/aggrotech in the opening moments of the first song ''Til Tomorrow' as slamming percussion and cinematic sounds are played out, but that all changed once the minute mark hits. CountessM's voice comes in, the groove is broken, and the electronics start to obtain a more dance friendly theme.
A lot of the songs have the same flow; they all have a very unique Nature of Wires stamp on them. The beats are tough, rigid, and emotional yet comforting and hallowed. I found the backing synths in 'Don't Let The Vultures In' and 'While You're Here' giving me goosebumps and the layered beats of 'Reaction' to be otherworldly.
The title track has very well placed, angry samples with a more EBM than futurepop beat. I'm not talking your strict minimal EBM flow, but the beat is more restricted this time and not as free as others. This is not bad; it just reflects the attitude of the song and it does it well. 'Dance With Your Own Skeletons' has the same kind of vibe, just not as pissed.
'We Kill All' brings in some lo-fi electronic loops alongside the emotional and riveting synths. The first song to truly call back to the eighties in all forms would be 'Perfect Menagerie'; I don't know whether it's the synths or just the overall aura of the song, but it was pretty damned good. 'Beguiled of Fertility' is the end song on the album which mixes ambiance, church like chanting, and a slow rolling beat altogether. It was odd, and creepy, but I loved it; I could see it being used in a horror film.
Now, for the whole review I've been talking about how great the music on the album was and I'll stick to that. Watts is a god damned genius and I want to hear more of what he can do. However, I do have a few problems with CountessM as the lead vocalist on the whole album and that's where it's held back.
CountessM was absolutely brilliant on the final two tracks on the album. Her more spoken word than sung vocal styling excelled the final track to another degree of creepy, and on 'Perfect Menagerie' she was able to feel the flow and glow of the song and arrange her singing accordingly. However, the problem lies on the other tracks.
As I said, CountessM is pretty good when it comes to spoken word music with a slight melody to it. I think it would sound good given the right music, but with Nature of Wires' heavy beats, hard percussion, and otherwise thrilling and energetic music, there needs to be a vocalist who can match that intensity. CountessM sounds like she's singing for a much more laid back band; Nature of Wires need a singer who can really get going with the rhythm and hype up the energy even more, not put it back down. I felt as if the album was crossing between easy listening and dance music, and I never knew if I should get up and dance or sit down and relax.
Both of these musicians are good in their own right, however I do not believe it was wise to have them collaborate for an entire album's worth of material. The mixing is good enough however that I can shrug off CountessM's singing for the most part and enjoy the rhythms from Nature of Wires. Come the final two tracks once more, however, I will enthusiastically listen to both of the sounds from these two musicians. Especially 'Beguiled of Fertility'. As that's my personal favorite on the whole album.
Complaints aside and the fact that I was still able to make it through the album and love a couple of songs warrant a 7 out of 10. Go see what you think.
# cyber-rendezvous
# nature-of-wires
# futurepop
# ebm
# hereford
# united-kingdom
# england
Repeated Viewing - 'Street Force'
Billy Yfantis Remakes The Old With The New In 'Crossing The Line'
info@brutalresonance.com
I've been writing for Brutal Resonance since November of 2012 and now serve as the editor-in-chief. I love the dark electronic underground and usually have too much to listen to at once but I love it. I am also an editor at Aggressive Deprivation, a digital/physical magazine since March of 2016. I support the scene as much as I can from my humble laptop.
Buy this release
AnalogueTrash Bandcamp
Nature of Wires - Modus is available at POPONAUT from 14,95€
Nature of Wires - 'Reborn'
Review, May 22 2019
Nature of Wires - 'The Masquerade'
Interview, Jul 12 2016
Colony 5 - 'Fixed'
Cortex Defect - 'Cortex Defect'
Review, Aug 17 2012
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MrBeast Net worth
Charli D’Amelio Net Worth
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Bugle24
Jamie Raskin Net Worth: The U.S politician mourns the Loss of his Son
Ali Mirajkar
Jamin Ben “Jamie” Raskin is a lawyer and politician who is a U.S Representative from Maryland’s 8th congressional district
Jamie Raskin’s Net Worth is Estimated at $5 million
According to celebrityhow, Jamie Raskin has an estimated net worth of approximately $5 Million and his primary modes of income come from his career as a politician as well as a University teacher.
Jamie Raskin mourns the loss of his son
Jamie Raskin and his family have endured a great loss. The politician made a statement that announced the death of their twenty-five-year-old son, Thomas Bloom Raskin, and said that he was demolished to be without him.
He spoke to the public with his wife alongside him and said, “Tommy was pure magic. His brilliance and compassion knew no bounds. He passionately loved his family, friends, and animals, and was devoted to the cause of the global poor. We are devastated and demolished to be without him,”.
A Harvard Lawyer
Jamie Raskin was born on the 13th of December in the year 1962 in Washington D.C to a Jewish Family. His father’s name was Marcus Raskin and was a progressive activist who was a staff aide to President John F. Kennedy and his mother’s name was Barbara Raskin and was a journalist as well as a novelist.
Also Read Eric Swalwell Net Worth and he Ducks Questions asked about his relations with a Suspected Chinese Spy.
Jamie Raskin completed his schooling at the Georgetown Day School in the year 1979. He then went on to graduate magna cum laude from Harvard Law School in the year 1963. In 1987 he received his J.D from Harvard Law. He was the lawyer who represented Ross Perot in the year 1996 when he was sued for being excluded from the Presidential Debates as well as on the counsel for Jesse Jackson’s National Rainbow Coalition.
A Cancer Survivor and a Happy family
Jamie Raskin is married to the former Maryland Commissioner of Financial Regulation, Sarah Bloom Raskin. His wife was also nominated by Barack Obama to the Federal Reserve Board on the 28th of April in the year 2010 and sworn in in 2010 as the Governor of the Federal Reserve Board. The couple lives together happily and has two daughters whose names are Hannah and Tabitha and their son, the late Thomas.
Jamie Raskin has been a devoted vegetarian since the year 2009. He has faced many battles in his life. In May 2010, He was diagnosed with colon cancer and fought the disease with six weeks of radiation as well as Chemotherapy. He successfully fought and recovered from colon cancer after surgery was performed in order to remove a part of his colon and was then followed up with more chemotherapy through the first half of 2011.
Also Read Gordon Hayward Net Worth: Charlotte Hornets’ Player Fractures His Finger
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Annual Report of the Board of Education, 第 39 卷
作者:Massachusetts. Board of Education
If a state of health is at any time discovered that needs the attention of a physician, the pupil is required to consult one without delay. In abnormal conditions of the eye, a professional oculist of high standing is regularly employed. More than twenty-three per cent. of our students have required his services.
Considerably more time is allowed for the study of physiology than is usual in schools of this class, and much effort is made to give to the instruction and investigations a practical turn; to deal with living questions of hygiene, as they arise in everyday life, especially such as have a personal interest and importance for the pupils.
The evil effects of hurry and worry are made apparent, and are guarded against in many ways, chiefly the following :
Ample and frequent recesses are not only allowed, but insisted on. No pupil is ever occupied in study or recitation more than forty minutes without an interval of complete relaxation. A lunch is taken at noon in a large, pleasant room, used for this purpose alone, and provided with tables, at which the pupils sit, as at home, in free social enjoyment. The intermission allowed for this repast is fifty minutes long, and study is not permitted to infringe upon a moment of it.
Care is taken that, along with admonitions against hurry, time enough be given, in order that students may not be obliged to hurry.
Finally, it is not assumed that every pupil present on a given day is able to do school work. Those who find themselves ill, or too much fatigued for duty, are advised to take immediate rest; and a quiet room-one of the lightest and pleasantest in the building—is set apart for their use. It is provided with easy-chairs and couches, and furnished with light reading-matter; and here any overworked student may find, at the moment of need, quiet and rest. It should be added that no instance of abuse of this privilege has come to our knowledge, while its great value as a sanitary appliance has been fully proved.
The school has been conducted to the satisfaction of the Board of Visitors, and has had the sympathy and approval of the community which it specially accommodates. A room has been neatly and appropriately arranged, in which the pupils who remain during recess take their meals at tables, with settees conveniently arranged, and where the graces of social intercourse are seen and cultivated.
The genuine interest shown by the principal and those connected with him, in the matter of health, impresses the pupils with a deep sense of its importance; and they will be likely, not only to pay attention to their own physical condition, but, as teachers, to bestow care of this kind upon scholars under their charge.
The efforts of the teachers are rewarded by remarkable interest and improvement on the part of the scholars, and we feel that the school is a real success. The principal and the other instructors seem to be in perfect accord, and the spirit which prevails through the institution seems to be free from any elements of friction or dissatisfaction. If we do not graduate from this school instructors who will be successful in the best sense, the Visitors will be sadly disappointed.
The building is well fitted for its purpose, and shows fewer defects than most public buildings. The streets, with a slight and unimportant exception, have been accepted by the city, and made public. The house will always be upon a hill, and hills are not climbed without labor; but the pure air which is breathed, and the beautiful prospect which greets every one who reaches the spot where the house is located, are ample compensation for any extra labor in reaching it. The room for drawing has been appropriately tinted; the chemical apparatus is in good order, and the building and its surroundings are in such condition that, although more books are much needed, no special appropriation is asked for the present year.
Gratified with the successful inauguration of the school, the Visitors make their report to the Board of Education with the conviction that the funds of the State have been wisely and profitably invested in the establishment of the Worcester Normal School.
HENRY CHAPIN,
WILLIAM RICE,
Visitors. JANUARY, 1876.
THIRD ANNUAL REPORT
THE BOARD OF VISITORS
MASSACHUSETTS NORMAL ART-SCHOOL.
STATE NORMAL ART-SCHOOL,
BOSTON.
The State Normal Art-School is now in the third year of its progress. It is the child of necessity. The legislature of 1870, in view of the great importance of drawing as a branch of education, enacted that cities and towns containing more than ten thousand inhabitants should make provision for free instruction in industrial drawing for persons over fifteen years of age. Although the Act met with much favor, it was found impracticable to realize the advantages contemplated, for the want of competent teachers. Further legislation was therefore had, providing for the establishment of a Normal Art-School, under the direction and management of the Board of Education.
The school was opened in the autumn of 1873. It became apparent at once that it met a public need. The number in attendance during the first year was 133. This number was increased the second year to 239,-215 in Class A, and 24 in Class B. Of these, 84 were gentlemen, and 155 were ladies. The number in attendance the present year, up to the time of issuing of the circular, is 307; painely, 233 in Class A, 38 in Class B, 21 in Class C, and 15 in Class D. As a few of the members of Class C are also members of Class D, the actual number of persons, by the circular, is slightly under 300. The total number, computed by years, who have received instruction in the school, up to the time mentioned, is 679. It is understood that the instruction in Classes B, C and D may be profitably received, in any order desired, by all who have mastered the work in Class A.
Shortly after the opening of the current school year, it was found expedient to establish Class D, as several pupils were desirous of receiving instruction in the branches embraced therein. This having been authorized by the Board, arrange
ments for the requisite accommodations and instruction were immediately made, and the class-work began. The number receiving instruction is 15.
Of these pupils, 71 have graduated in Class A, of whom 30 are known to be already employed. Of those not yet graduated in Class A, and who are still members of the school, 19 are teaching. Of those not graduated, and not at present in the school, 7 are teaching. Total number teaching, 56.
Of the present members of the school, 130 are gentlemen, and 177 ladies. One-half of them are residents of Boston ; six are from other States; namely, two from Vermont, and one each from New York, New Jersey, Ohio and Minnesota ; and the remainder are from the various sections of our own State, principally, however, from the eastern portion.
Since the third year circular, whence these statistics are gathered, was issued, accessions to the school have carried the number of present members up to 313, and the total number from the beginning, a little under 700.
The principal embarrassment under which the school has labored has been a want of commodious rooms. From the beginning its quarters have been far too circumscribed. The two upper stories,-one being the attic story,-of an ordinary dwelling-house, No. 33 Pemberton Square, was all the accommodation the school could boast, though numbering 133 pupils, for the entire first year. It was found necessary to divide the pupils into three sections, one occupying the rooms in the forenoon, another in the afternoon, and the third in the evening. The fact that such a division was in some respects a convenience to the pupils, enabling them to choose their own time of day for attendance, was a mitigation of their trials. It did not, however, prevent the excessive crowding of the rooms, much suffering from imperfect ventilation, and great annoyance from the want of light. When the time for examination came, it was found necessary to take the pupils to a distant part of the city, to rooms temporarily opened for them, where their testwork could be executed. Complaint after complaint and petition after petition came to the Visitors and members of the Board for relief, but no relief could be afforded.
On the opening of the second school year, additional rooms were secured in No. 24 Pemberton Square, which, though quite
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Home › News › In memoriam › In memoriam: Jay L. Grosfeld, MD, FACS, champion for pediatric surgery patients
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News > In memoriam > In memoriam: Jay L. Grosfeld, MD, FACS, champion for pediatric surgery patients
In memoriam: Jay L. Grosfeld, MD, FACS, champion for pediatric surgery patients
By Keith T. Oldham, MD, FACS
The American College of Surgeons (ACS), and indeed all of surgery, lost one of its champions October 19, 2016, with the passing of Jay L. Grosfeld, MD, FACS. His contributions to surgery and in particular to his beloved specialty, pediatric surgery, for more than 50 years were extraordinary. He served the ACS in many roles over the years, most recently as First Vice-President (2014−2015).
Dr. Grosfeld was born in New York, NY, May 30, 1935. He grew up in New York, graduating from Midwood High School in Brooklyn and New York University (NYU) subsequently. He attended medical school at NYU and completed his general surgery training at NYU and Bellevue Hospitals (1961−1966).
He served two years as a Captain in the U.S. Army Medical Corps and then trained in pediatric surgery at Nationwide Children’s Hospital at the Ohio State University, Columbus, under the mentorship of William Clatworthy, MD, FACS. After completing his pediatric surgery training in 1970, he returned to New York as an assistant professor of surgery at NYU, but was promptly appointed professor and chief of pediatric surgery at Indiana University School of Medicine, Indianapolis, in 1972. He was the first surgeon-in-chief at the Riley Children’s Hospital and remained in Indianapolis for the rest of his career.
Dr. Grosfeld was a pioneer in pediatric surgery as it was emerging as a discipline, and he established the specialty of pediatric surgery in Indianapolis and, indeed, in the state of Indiana. He established the pediatric surgery training program in Indianapolis, and in 1985 he was appointed chairman of the department of surgery at Indiana University School of Medicine. He was the first pediatric surgeon in the U.S. to chair a department of surgery.
Dr. Grosfeld stepped down from his leadership positions at Indiana University in 2003 but remained actively engaged at the institution and in surgery in many important roles. He was the Lafayette F. Page Professor and Chairman Emeritus of Pediatric Surgery, department of surgery, at the Indiana University School of Medicine at the time of his death.
A Fellow of the ACS since 1973, Dr. Grosfeld served in a number of other leadership capacities in addition to his role as First Vice-President. He was a member of the ACS Advisory Council for Pediatric Surgery (1996–2001) and the Advisory Councils for Surgical Specialties (1989–1994). As an ACS Governor (1985–1991) he served on the Governors’ Committee on Chapter Relations (1989–1992) and the Committee on Physician Competency (1987–1992). He also served as a senior member on the Committee on Continuing Education (1981–1991) and on the Nominating Committee of the Fellows (1991–1992).
He held leadership positions in virtually all of the professional organizations in which he was active. He was secretary and chairman of the Section on Surgery of the American Academy of Pediatrics, president of the American Pediatric Surgical Association, president of the Halsted Society, chairman of the American Board of Surgery, and president of the American Surgical Association. He also served as president of the Central Surgical Association and the Western Surgical Association, as well as president of the World Federation of Associations of Pediatric Surgeons.
In 1998 he was awarded the Denis Browne Gold Medal by the British Association of Paediatric Surgeons, in 2002 he received the William E. Ladd Medal from the American Academy of Pediatrics, and in 2011 he was awarded the Fritz Rehbein Medal from the European Pediatric Surgical Association. Each of these represents the highest honor these associations bestow on an individual.
Dr. Grosfeld lectured worldwide and was an honorary member of 15 international surgical societies, including the Royal College of Surgeons of England and Ireland, as well as the Royal College of Physicians and Surgeons, Glasgow. He received the Solomon A. Berson Medical Alumni Achievement Award in 2008 from NYU.
He was editor-in-chief of the Journal of Pediatric Surgery, Seminars in Pediatric Surgery, and the most widely used pediatric surgery textbook, Pediatric Surgery. He remained active as chairman of the board of directors of the American Pediatric Surgical Foundation and as vice-president of the American Surgical Association Foundation until his death.
Dr. Grosfeld’s service to essentially all of the major organizations in American surgery, including the ACS, is evident. Less apparent, but perhaps more noteworthy, is the fact that he used each opportunity to change and improve individual programs and organizations.
In addition to his many professional accomplishments, Dr. Grosfeld was the patriarch of a wonderful and loving family. He is survived by his wife Margie, to whom he was happily married for 54 years and with whom he shared his professional and personal journeys; his sister Claire Zucker; children Alicia Thorn, Dalia Maheu, Janice Kaefer, Jeffrey Grosfeld, and Mark Grosfeld; as well as 17 grandchildren.
Dr. Grosfeld was an influential leader, a role model, a mentor, an important investigator, and a masterful surgeon beloved by his patients, their families, and his colleagues. He made a difference for all of us who knew him and for all the pediatric surgeons who have followed in his path. He will be greatly missed.
Tagged as: In memoriam
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The Victory Bell
Rung after each home victory in football and basketball, the BYU Victory Bell is located on the southwest corner of the Marriott Center. The original Y Bell traveled across the plains with the early pioneers of The Church of Jesus Christ of Latter-day Saints and was used to call meetings among the saints and to announce any deaths in the community.
Donated to the Brigham Young Academy in 1875, it was used to begin and dismiss classes until it was destroyed in a fire in 1884. The Academy went without a bell for the next 28 years, using instead a variety of instruments as a class bell.
BYA became BYU in 1903 as the student body continued to grow, which further increased the need for a bell on campus. In 1912, a 36-inch diameter cast iron bell was purchased from the American Bell Foundry in Michigan. This bell was disappointing as a victory bell since it could barely be heard outside of the building it was housed in. Replaced in 1919 with a nickel bell donated by the Utah Stake presidency from the Provo Meeting House, the old cast-iron bell was given to the Boy Scouts of America. The new nickel bell was placed on campus in the education building belfry, and the tradition of the Y Victory Bell officially got underway.
However, the bell was once again quieted in 1949 after a basketball win over rival Utah. Several overzealous students climbed the tower and vigorously beat upon the bell until it cracked. Repaired with a bronze patch in 1954 by Frank Hemingway, the bell was removed from the education building and mounted on a trailer so it could travel with BYU's teams to away games.
Its mobility proved its downfall as it was stolen in 1958 only to be found six months later in a field in Springville, Utah. The theft prompted the construction of a bell tower on BYU's upper-campus overlooking the Smith Fieldhouse. Dedicated in 1959, the tower served well until 1973 when the bell fell while ringing in the dedication of the Marriott Center. The supporting yoke above the bell was broken, shattering the instrument. The bell was soon repaired by Ray Mortenson of the BYU Maintenance shop using electric welding - miraculously maintaining its previous tone - and was remounted in the tower.
In 1978, the bell was moved to its current home on the southwest corner of the Marriott Center. The open arch tower was designed by BYU landscape architect Boyd Dawler and is made of the same cast stone as the exterior pillars of the Marriott Center. Although the old bell tower above the Smith Fieldhouse no longer stands, the massive steel I-beams that supported the tower have now been converted into the strongest park benches in the Intermountain West.
Over the years the ringing of the bell has come to represent honor, achievement and spirit and has inspired several poems and songs from BYU faculty and alumni. Clyde D. Sandgren, who composed the Cougar Fight Song, penned a verse that was sung at the dedication of the upper-campus bell tower. As BYU victories have become more and more commonplace in recent decades, the ringing of the Y Bell after each win has caused it to be renamed the Victory Bell.
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Medical Marijuana Law
Defense Process
Tulsa Criminal Defense Attorney | Municipal Court
by Stephen Cale | Nov 15, 2017
This content was written for Cale Law Office
If you’ve been charged with a crime, you need aggressive representation. Call the Cale law office at 918-277-4800 to schedule your free initial consultation. With your consultation, you also get a custom-made defense strategy plan suited just for your case.
The nurse examiner also revealed that the victim had multiple red moist abrasions on her nose which corroborated her account that the defendant had forced his hand of her nose and mouth to keep her from screaming. The victim’s general region showed a fresh tear injury caused by a blunt object. The jury was consistent with defendant’s attempted force sex while he was lying on her stomach. Additionally, all the victim centers were determined to pay less than 24 hours old. Despite this overwhelming evidence, the jury sentenced the defendant to the minimum term, that being 25 years in prison.
The defendant failed to demonstrate any injury from the alleged error sufficient to warrant relief, the Oklahoma Court of Criminal Appeals said the trial court’s failure to comply with the statute in the case law was harmless.The defendant made another argument on appeal. He asserted that the trial court abused its discretion when it denied his request instruct the jury that is convicted he would have to register as a sex offender.
The defendant argued that being subject to the statutory requirements of the sex offender registry act is a practical consequence of the sense upon which jurors have been instructed on as this information is necessary to provide jurors with complete picture regarding the reality of his sentence if he chose to convict. Tulsa criminal defense attorney Stephen Cale said that his well-settled low the trial courts have a duty to instruct the jury on salient features of the law race but evidence with or without a request.
An instruction given to the jury are reviewed for this the appellate court for an abuse of discretion. Without an abuse of discretion, the appellate court will not intervene in the trial court’s judgment of instructions as a whole accurately state applicable law. An abuse of discretion is an unreasonable or arbitrary action taken with the proper consideration of Faxon law pertaining to the matter at issue.
The defendant relied upon the state Supreme Court’s decision in 2013 to support his argument the registration a sex offender is an integral part of the punishment for a sex offense. The Oklahoma court of criminal appeal so that reliance on the case was erroneous. The requirements of a sex offender frustration that are not part of the applicable range of punishment for the defendant’s offense. The statute in which it was charge provides the applicable range of punishment for the offense. Nothing in permits a judge or jury to impose or for that matter delay, alter, or suspend registration as a sex offender. The court is the provision of the act authorizes sensing judge or jury to require or preclude compliance with the act. The act is a regulatory provision that is entirely separate and distinct from the applicable punishment range set forth in statute.
Additionally, sex offender registration is not analogous to the 85 percent roll. The 85 percent roll sensing consequence the as an affected the term of imprisonment to be imposed. Registration percent to the sex offender registration act, however, has no bearing on the issue of guilt or the actual term of imprisonment or fine imposed. Thus, sex offender registration is not material to the sentencing. Tulsa criminal defense attorney Stephen Cale said that even traffic matters in Municipal Court can be appealed.
The defendant pleaded no contest immiscible court to speeding before entering his plea, the defendant many clear to the car and to the city that he did not contest his guilt, but rather that you wish to child cities authority to prescribe any pending for speeding in excess of the penalty prescribed by state law. The petitioner rejected the defendant’s argument and fined him $84. The defendant timely filed a motion to withdraw his plea and reiterated his so claim that the sentence imposed was authorized by law.
The goal statutory sessions to ascertain as close as possible to intention the legislature. The appellate court will presume that the legislature is not green absurd your dad is a useless act. When this powder can exercise only such authority as might be conferred upon it by constitutional Monday or legislative grant. So claim is the cities penalty scheme for a speeding complex with state law because a permits fines in excess of the specified in Oklahoma’s vehicle code. The defendant points to lead was found in both the vehicle code in the missed code barring cities from enacting orts is the conflict with state law.
Another case the defendant claimed that in the Oklahoma city traffic ordinance requiring vehicle turns conflicting with state law covering the same subject. State law when required matters to signal a vehicle turn if other traffic might be affected by the action. The city ordinance further requires motorist and also stanzas to signal continuously for at least 100 feet before turning. The Oklahoma Court of Criminal Appeals rejected the defense argument that the ordinance violated title 11’s admonition that assailants cannot be consistent with state law. The appellate court held that the provisions consistent with each other because both promoted public safety, and safety was even better served by more stringent requirements of the ordinance.
The court held that the city ordinance with the system of conflict with state law if the permitted drivers to never signal. However, the ordinance enhances public safety while still satisfying the state mandate. Because cities have been delegated part of the states police power in regard to traffic laws, cannot be said that anytime a city the next the law that requires more than one the state law requires that it has contradicted or acted inconsistently with state law.
This is an area called preemption, said Tulsa criminal defense attorney Stephen Cale where the legislature is made or made budget will make a specific police regulation, effective itself will not prevent the lawmaking power of the city from making further regulations on the same subject, not inconsistent with general laws. A municipality may move in the same direction as the legislature, not contrary to nor in an opposite direction. If the city imposes stricter penalties for traffic violations and state law prescribes, it is moving in the same direction with regard to public safety. Municipal courts of record eliminate any conflict with state law.
© 2021 Cale Law Offices. All rights reserved. | Sitemap
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Deb Calvert | Exposing the Biggest Myths of Leadership
Ryan Englin · July 14, 2020 ·
If, as a business leader, you feel “lonely at the top,” you’re going about it all wrong, says Deb Calvert, who helps companies with leadership and sales training, as well as creating more effective teams. If you become friends with your employees… you’ve gone too far the other way.
Deb offers a middle ground that makes people more productive and your business more successful.
It’s a strategy that incentivizes employees to work hard and in the right direction… without having to be told.
We unpack that in detail and also discuss…
How to motivate people without money (it starts with finding the right people)
The difference between managing work and leading people
A process for boosting recruitment and retention (plus productivity and customer satisfaction)
The best way to show your employees you care – what that means and why it’s important
Mentioned in this episode:
People First Productivity Solutions’ Site
How to Be the Supervisor Everyone Wants to Work For (code for free copy of this book: CODE)
People First Productivity Solutions LinkedIn profile
People First Productivity Solutions YouTube Channel
Ryan Englin: Welcome back to another episode of the Blue Collar Culture Podcast. I'm your co-host Ryan Englin and I'm here with Jeremy Macliver.
Jeremy Macliver: Welcome back, everybody.
Ryan: And I'm really excited about today's guest because she works with something inside of the organization that I am personally passionate about. She's one of the 65 most influential women in business. She's a top 30 global sales guru, an inductee into the Sales Hall of Fame, and she builds organizational strength by putting people first. So I can't, I am so excited about this conversation today. Deb Calvert, welcome to the show.
Deb Calvert: Thank you, Ryan. I am so excited to be here. I have a little confession to make. I've got like, I've got an earworm. It just keeps, right, the stick song thinking about this podcast and proud to be blue collar, right? So thanks for having me.
Ryan: Thanks for being here. So let's just start off. We've talked a little bit, there are a lot of things that you impact inside of an organization, but it all comes down to one thing. What is that one thing?
Deb: Oh, it's all about connections that you have with other people. Whether they're your employees, your customers or your banker, so much boils down to the connections that you make.
Ryan: So unpack that for me a little bit. Talk to me about the connections inside of the organization from, let's say, a business owner or a senior leader's perspective.
It’s All About Connections You Have With Other People
Deb: Okay. Well, I think there are these myths that work against people. So let's unpack that first and get it out of the way. You hear things like leaders live in ivory towers, or it's lonely at the top. And if it's lonely at the top, you're doing it all wrong because no matter what you're focusing on, processes, profits, procedures, all of those happen because of people.
And if you connect with people, you can unleash the power of your organization and achieve all those other objectives that you might have. And there are simple, easy everyday ways to make those connections that have nothing to do with your title and other things that might get in the way like those misperceptions could cause you to lean away from people and not towards them.
Ryan: So I've heard it said before, and I've actually seen this happen inside of businesses where leaders connect with people and they become friends with them. And then all of a sudden, there's this change in the relationship. That's not what you're talking about. Is that correct?
Deb: I'm glad you said that because let's think of this as a continuum, right? The far end of the continuum that we've already talked about is, you don't know anybody, they're just numbers. You give them a paycheck and that's all you owe them. And you have no connection. And the opposite is, we're a family and we know each other and we hang out 24 seven and we are so tightly interwoven and connected. But that too can become dysfunctional when it comes time to operate a business and make decisions that are good for the business and ultimately then, for people.
So we're going to bring that continuum closer to the center, to the right place that you want to be. It's about healthy connections with people that serve the purposes of the business and meet the needs of the people without somehow compromising those connections and confusing them with non-workplace types of connections. So at a high level, that's the difference that I'm describing.
Ryan: Can you give me an example or maybe a success story where you've seen this happen? Something that's really relevant our audience can relate to.
Deb: Absolutely. So it is a good thing, a virtuous thing to care about the people who work with you and for you. And you want that to be demonstrated to them in the ways that show them you care about them, you want them to be a part of your organization, and you value what they do. Specifically, you do that by asking people's opinions, getting their input on the decisions that will affect them. You do it by checking in with them. Hey, how is this impacting the work I'd asked you to do? What are your ideas for what we are about to launch, something different?
What are you hearing from customers? You constantly have those kinds of exchanges that do what I call ennobling people. And that's a keyword here. The end of the spectrum that is the negative end, the not enough end, is about enablement. I'm gonna give you all the tools and the training and enable you to do the job. The opposite end of that is all ennobling. I make you feel worthy and important. I am a servant leader. I do things only for you. We got to have both. Enabling and ennobling is the sweet spot.
Jeremy: That's really cool. So how do I know where I'm at? Like, how do I assess where I'm at with that relationship with either my employees, now used to disclose our vendors to those things. Maybe just focusing on the employees right now. How do I assess where I'm at on that continuum?
Deb: Great question, Jeremy. I'll tell you where most people do it, it's when a critical incident pops up. And maybe you don't want to wait to get to this point. But you've probably already been there so you can use that looking backwards to assess. A critical incident is any incident or situation where it's a crisis, a decision is going to have high stakes, high impact. And in those instances, what are you leaning toward?
What are impulses telling you to do? Are they telling you to cut people off and it's business only? Or are they telling you to make it all about people, even at the significant loss to you and your business? Whichever way you're leaning, probably gives you that self-assessment and gives you an indicator of how to get back to the center. You have to do both. What's good for this business is good for the people in this business.
Ryan: So that's some great insight into how to know where you're at. What do you see is the best place to start with making these changes and realizing that I have to protect the business but I got to create connection with my people? Like how do you get started doing that?
Managing vs. Leading
Deb: I think, let me start out theoretically first, again, here, high level and then we'll drill it down. I think it starts with an understanding of the difference of managing work and leading people. You have to manage the work. That's the short term Those are your objectives for today. That's getting work done through other people. And you can't forget to do that even if you sometimes feel like a micromanager or even if sometimes you have to give people uncomfortable, candid feedback, that's essential. So you've got to manage the work. At the same time, you learn to lead people.
To lead means to guide, to show people a way forward to a new place, something bigger, something meaningful. A place where they might not have been before but want to be. And so as a leader, you have a vision and other people share in that vision. And you express that vision when you ask people to do things as a manager, you keep it in context with the vision. And people enlisted in that vision. They see themselves in it. They're inspired by it. They want to work hard for it and they'll do things not because you told them to and you're a nag, but because they genuinely want to take steps forward.
Ryan: Can you share a story that you've had with, a success story that you've had with a client where they've actually seen that happen? Maybe they did something simple. They didn't think it was going to be a huge impact but the impact was just incredible.
Deb: Yes. I'm gonna tell you a story about a small company. And they were a growing company. They grew plants that they then sold as transplants to other larger companies who would manufacture and distribute the whole crop. So this company, this growing company, they were very much about, we manage, we have temporary workers, we tell them what to do, they come in here for the season, and then they're gone.
And they just managed. And one of the things we did was developed a vision, a mission and a set of values for the organization, primarily to get the people at the top, the ones who were full-year workers aligned with each other because it was a mess. They were talking about all kinds of different things. And once that was all worked out, we incorporated it into their recruiting materials in English and Spanish, and help them in the interview process to start looking for people who shared those values and felt inspired by them as well as understanding the mission and the vision.
And the most significant thing they noticed first, is the huge number. It was double digits. I don't remember the exact number, but the huge number of increases they got of people who came back the next season. They didn't have to start from scratch with recruiting. People remembered they felt good, they felt a sense of belonging. And that reduced their cost of recruiting significantly. It made their job so much easier. When their competitors were still scrambling, they had the people coming back.
Ryan: Incredible what defining some values can do to an organization and create that sense of community and belonging for people. So I love that.
Deb: Yes. And it sounds sort of nebulous, it sounds sort of out there, you know? But it's more than something that's nice to have. It's something that differentiates you from your competitors and keeps even wage skill employees right there with you, lockstep with you.
Jeremy: Right. I almost couldn't agree more on this. What you said there resonates so much with the, it seems like a nice to have this core values and these core value conversations, but I have found I remember one of my clients who's, they do groundskeeping, like landscaping stuff, and you would think core values in that setting?
I remember them coming back one quarter and were like, these things are almost a killer man. This is rough as, and not rough as in, they thought was gonna be a soft, fluffy deal. And they realized how decisive these things helped them make clarity around people about decisions, and they started seeing the effects of it exponentially change the way that a company felt, communicated, aligned. It's really, it's a really cool thing.
Intrinsic Motivation vs. Extrinsic Motication
Deb: It is. You know, and what we're really, if we boil it down, Jeremy, we're talking about the difference between intrinsic and extrinsic motivation. Extrinsic, I'm going to tell you and you're going to do it because there's a negative repercussion, or I'm going to give you and you're going to do it because there's a reward. Carrot and stick. The difference, though, with intrinsic is that you don't have to tell me or give me, I want it. I'm going to do it for myself. And it's the difference between letting a fire underneath someone and then you have to light it over and over and over again, or igniting a spark inside of them. One that's going to burn brighter and last longer.
Ryan: I think that's some great insight because what I see a lot of times is a lot of these business leaders, there's someone on their team that they're just not clicking with. They're just not, there's something not right. They're producing, they're okay, but there's just something that's tugging at them saying this isn't the right person for the team. And I think a lot of times that comes down to that internal spark like you're talking about.
And I think those values are so good at igniting that spark. And if there's a values misalignment, maybe there's something that's just off. Like, that's really what the business owner or the business leader's talking about. When they say there's something not right about this person. They just, I'm not excited they're on my team, but they do okay. It's because there's usually a value that's often it's not keeping that spark lit.
Jeremy: I think of a time that I was giving a workshop and I'm sure you'll love this story. I was talking about there's a better purpose for your employees, like there's some form of reason that they actually want to go to work besides money. And, you know, it's making this case fairly strong. And I started asking, you know, some different feedback from the audience. And while I was doing it, there was a guy in the back of the room who literally was like, almost violently shaking his head. That's not the truth.
And he stuck his hand up, he blurted it over other people said, my employees are only about the money. And he was like, I was like, Oh, great, this talk is going off. We're getting ready to make a train wreck. And his, one of his employees was sitting behind him that he couldn't see, and she was looking at him like he'd fallen off of a log. And she was like, No, I actually do want other things besides just money. I actually wanted to belong somewhere. And he could not get past the point that it was all dollars and cents, carrot and stick.
Deb: We tend to project what's true for us and we tend to emulate the environments we've been in. So if you've worked in a place where that's what it was all about, or if you happen to be one of the very small percentage of people who truly is only money motivated, then maybe you would look at the world in that way. But then you're not ennobling people. So step one is to understand what makes someone feel worthy and important, then you're going to find out like this person in your workshop did, that there are other ways of looking at this.
Jeremy: Yeah. So let me ask you, I mean, as a manager, I'm faced with a situation. I'm not really clear where I'm at on this continuum and I'm not sure, do I go more like, Hey, I just need the results right now? Or do I go more I care about the person? Like, if I'm teetering and I'm not sure where the balance is, how should I guide my decision?
Deb: Yeah, you know, the truth is you need both. But if you're trying to figure out where you are and what to do next, I would say the one thing that will always help and never hurt is to ask people. So to go to the people on your team, your employees, maybe some others who work closely with you, some close in colleagues and to say I want a better understanding of the impact I'm having. How do my actions affect the work I'm asking you to do? Don't ask for feedback.
That's way too broad, because people won't know what to say and they won't tell you the truth. But this very narrow type of feedback, I want to know how my actions impact the work that you're doing, that is narrow enough, and generally safe enough that people will give you feedback. And then, of course, you have to listen to it, you have to take it for what it's worth, not have some sort of defensive reaction to it. And understand that people are giving you the feedback because they genuinely want to help and they probably want to see something done differently for them.
So to tell everybody, let me put it in sequence. Here are the values we hold. This is how we do the work we do. Here's the mission, the vision, this is why we exist and where we're going. Now, in that context, I would like for you to be someone who's contributing in every possible way. Not just punching the clock. So how does what I do influence the work that you're doing? And that's the sense of belonging. If people can trust that, and then you have a culture that over and over again, feeds that kind of a conversation, it's a game-changer.
Jeremy: I love that. So the leader says, this is where we're going. They declare that vision. And then they turn to the people and say, how do we get there? How do we move this forward as a team? Not necessarily because I don't know but because I want your help. That what you're saying?
Deb: Yeah. Let me just throw in a couple of nuances there, Jeremy. First of all, instead of declaring the vision, even better if you can make it a shared vision, people have informed it they've given you input along the way they feel a part of it even as it's taking shape because then they're truly mobilized by it. They want to help bring it to life. And then secondly, those check-ins are really important, but the context is even more important. So every time I'm asking you to do something, it's not just do it because I said, so. It's do it in service of this vision, in accord with what we are doing here together, this place we want to go.
Jeremy: Very good. So tie down any of our actions to that vision but have them help us build that vision together. What are some ways that a manager or a leader can go from I give all the answers to I'm supportive and we are more inclusive?
Because a lot of times what I've experienced and a lot of my clients is that when they take the shift, and like Deb, hey, I really want your feedback, the people that are their employees, their direct reports pretty much say Hey, boss, just give me the answer. And they find that it's hard to get them to open up. What are some good questions I could ask? What are some ways that they could get their team members to open up?
Show Interest in Your Employees
Deb: Okay, I'm gonna do something else first, because it's only fair. We don't, you wouldn't have this kind of open learning invitation all the time. Sometimes the stakes are too high, the urgency is too great and the person is too new or too not ready for some reason. So let's make that, put that in place first. The readiness of the person you're talking to. And the situation itself allows for learning. And every time that's true. If a mistake were made, it wouldn't be fatal. This person has demonstrated some readiness. And every one of those situations, it's about, you know, I already know the answer.
I'm curious to know what you think. I already have an opinion. I need other people's opinions. What do you mean you're in here asking me how to solve this problem? It's your problem. How are you going to solve it? You just, you bite your tongue and you make it clear over and over and over again that your expectation is for people to try things, to think things through, to make mistakes that they'll learn from and then don't overly penalize them if they do make a mistake, so long as they learn from it. And when they make the mistake, you ask, okay, good thing or not doing brain surgery here. What did you learn from this? What will you do differently next time?
Ryan: I think that's great. Pushing it back to them and helping them grow and helping them develop in their role and not just giving them the orders all the time. So I want to shift this conversation a little bit. Let's talk about some tangible results we can get, because this stuff is great. Ennobling and helping them grow and everything else. But what do I get as the business owner out of this? What are some results that I can expect? Or how should I expect results when I make these changes and I start thinking differently about how I connect with my people?
Deb: Okay, in the interest of time, I just want to say that everything I'm about to tell you is backed by reams of research and data. And people could look this up and get it. But I'm going to throw a bunch at you really fast without exact factoids in it, because what we've been talking about is employee engagement.
And employee engagement is defined as the emotional connection a person feels for their organization that causes them to apply additional discretionary effort. Okay, two parts. First part is emotional connection. So result number one is you get people who will stay with you longer because they're connected. They feel good about working with you. You won't have that revolving door of constantly having to screen applicants and interview people and hire people and train people just so they leave. So that's the first benefit. And, of course, that has a financial implication too.
And then, these emotionally connected people who are sticking around longer, they apply additional discretionary effort. And that's measured and has huge benefits in a lot of different ways. The first one is productivity by every known metric. Calling in sick less often, less tardy, less workers comp claims, higher output, higher levels of quality, productivity, sales, and you get a lot more of it. And because of that, then you get higher levels of customer satisfaction. Your customers are coming back more often.
And when you add all these pieces up together, it means both significantly higher top-line revenue, improved profitability. And this is like a domino effect and every bit of it's double-digit backed by research, no small thing. Employee engagement is really important. One last piece of the puzzle. It begs the question, if I can get all of that from employee engagement, then how do I get employee engagement? And that's what we've been talking about. Leadership, less than management, leadership leads to employee engagement.
Ryan: Wow. So I'm hearing a lot of this and I'm like oof, sounds like a lot of work to connect with my employees enough, to engage them long enough to get these tangible results. What should someone expect if they start connecting better with their employees? Are they going to see immediate results?
Deb: You'll see results pretty quickly as long as there's not extreme dysfunction and mistrust in the organization. And even then it's not insurmountable. But it's simple things. And, you know, behaviors that lead to employee engagement, I think that would be helpful. But it's simple things. It's things like checking in with people when they come into work. Hey, how was your weekend? What's new?
How's the family right? Not in a barrage, but those kinds of questions on a regular basis that you genuinely are interested and that you care. It's things like remembering that somebody really likes fishing and so you mentioned that every once in a while. It's things like giving people feedback in a timely and constructive way so they don't keep making the same mistakes over and over again until the relationship itself is damaged. Simple, everyday kinds of things.
Ryan: That's great. So I can do these little things. And it can't just be lip service. I want to be clear with that. people will see through that. Is that fair?
Deb: That's fair. If you have to fake it, you either have the wrong people or you have the wrong internal driver yourself in terms of what you're trying to do. It really does have to be people first, that you have a mindset of I'm going to succeed because of the people I have here helping me.
Ryan: Absolutely. So when I start doing some of these things, are there obvious signs that it's working? Like I want, I would put myself in a situation like, I really do care about my people, but at the same time, I do care about my company, because the healthier my company is, the healthier, the more revenue, the more profit, the better. I can take care my people. What are some things that you can measure that will say, hey, connecting with my people is really paying off besides the bottom line? Because that's so lagging, it takes so long to figure that one out. What are some things that I could look at?
A Domino Effect of Comprehensive Productivity
Deb: Yeah, so back it up on that domino effect that I talked about. Look for your indicators in customer satisfaction, look for productivity, look at employee retention. And even before that, that emotional connection. Are people maintaining eye contact with you? Are they having some friendly banter with you? Are they showing up to work on time? These are some of the things that if you had a baseline, you can easily start comparing very, very soon to see that you're on the right track. The small wins add up to the big wins.
Ryan: Absolutely. And I've heard it said before, if you have happy employees, you're gonna have happy customers. So just starting with that piece is gonna pay dividends in the long run. So I've enjoyed this conversation. It sounds like there's a lot of opportunity here. And it doesn't seem like it's this huge monumental thing where I have to completely restructure my organization. Like I can just do little things like ask people how their weekend was. Ask how their kid's birthday was, and just invest a little bit in them and just let them know that I'm paying attention and I care about them as a human being and not just an employee.
Deb: I'm convinced that there's nothing on earth more powerful than human to human connections. So when we put on our employer bus hat, we just need to remember that. It's all about connections with people.
Ryan: Absolutely. So I know there are people listening to this going, you know what, Deb, you're right. I need to do this, but I feel like I need some resources. I feel like I need some support. I feel like you need some training. You've got a website and I'm sure they can learn all about you and how you help companies do this. Tell us about that for a second. What can I learn if I go look you up online?
Deb: Okay. Well, there's a training program. It's built as an individual elearning program that you can take and do on your own at any time that's convenient. It was built for people who are in business for themselves. It was built for people who don't really enjoy classroom settings. It's pretty self-paced and it's about practical. Apply it right now. Take a little chunk of it, go do it, come back, do it, come back. So that's one thing.
That one's for sale. Let's do some free stuff, too. There's a book that I think we ought to give people. It's on Amazon, but we can give you a code to get on there and get it for free. It's called How to be the Manager That Everyone Wants to Work For. And then we talk about this employee engagement checklist, which is also something we can do as a giveaway. And it literally is just a list of things and you customize it to yourself. You pick the ones that you're committing to do and then you just go do them. It's a simple behavioral choice.
Ryan: That's awesome. And we're gonna have that code in the show notes. So make sure you grab that. But how do they learn more about you? How do they find your website, or if they want to learn more about the book before then?
Deb: Yeah, so the website is People First PS, the PS stands for Productivity Solutions. Peoplefirstps.com. And there's a lot on there. Blogs and videos and a link to YouTube and, you know, all the things you, whatever your learning style is, you'll find something there that we give away. infographics, you name it, we've got it.
Ryan: That's awesome. I love that there's so much resources available on your website. Deb, I really enjoyed our conversation today. Thank you so much for joining us for this episode. And I really look forward to speaking with you again in the future.
Deb: Well, thank you, Ryan. Thank you, Jeremy. And thanks in advance for anybody who would like to give me a call and keep the conversation going. You're welcome to do that. I enjoy connections.
Jeremy: And we recommend it. Thank you so much. It was great having you on.
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Luke Miller | Get Your Mind Right & Let Your Profits Grow
Luke Miller, founder of Tile Money may work primarily with tile installation contractors, but the customer service, pricing, management, and other lessons he passes on apply to any contracting business.
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Stanford Medicine Stanford Center for Biomedical Informatics Research
Stanford Center for Biomedical Informatics Research
Protégé
Protégé is a free open-source ontology editor and framework for building intelligent systems.
It is supported by a strong community of academic, government, and corporate users, who use Protégé to build knowledge-based solutions in areas as diverse as biomedicine, e-commerce, and organizational modeling.
QSU
The mission of the QSU is to facilitate cutting-edge scientific studies initiated by Stanford investigators by providing expertise in biostatistics and informatics, to mentor and educate clinical investigators in research methods, and to mentor data scientists so that they can reach their full potential. The QSU achieves its mission through an interdisciplinary collaborative approach where QSU members become fully integrated into individual research teams.
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Fact Sheet: The American Economy has Created More than 20 million Private-Sector Jobs Under President Clinton and Vice President Gore
The American Economy Has Created Over 22 Million Jobs Since January 1993, With More than 20 Million Created in the Private Sector. In 1992, when Bill Clinton was elected President, the American economy was barely creating jobs, wages were stagnant, and the unemployment rate was 7.5 percent. President Clinton�s bold, three-part economic strategy has focused on three objectives: fiscal discipline, investing in education, health care, science and technology, and opening foreign markets. This strategy has contributed to the longest economic expansion in U.S. history.
22.1 Million New Jobs Created Under the Clinton-Gore Administration. Since January 1993, the economy has added 22.1 million new jobs. That�s the most jobs ever created under a single Administration � and more new jobs than Presidents Reagan and Bush created during their three terms. Under President Clinton, the economy has added an average of 248,000 jobs per month, the highest of any President on record. This compares to 52,000 per month under President Bush and 167,000 per month under President Reagan.
20.0 Million of the New Jobs Have Been Created in the Private Sector � That is 92 Percent of the New Jobs. Since President Clinton and Vice President Gore took office, the private sector of the economy has added 20.0 million new jobs. � 225,000 private jobs created per month, the fastest rate of any President on record. � 92 percent of the total new jobs (excluding temporary Census workers) were created in the private sector � the highest percentage since Harry S. Truman was President and presiding over the post-World War II demobilization.
The Unemployment Rate Was 4.0 Percent in June � Nearly the Lowest in More Than Three Decades. The unemployment rate fell to 4.0 percent in June, nearly the lowest in more than three decades. The unemployment rate has remained below 5 percent for 36 months in a row � three full years. For women the unemployment rate was 4.1 percent � nearly the lowest since 1953.
African American and Hispanic Unemployment Rates Are the Lowest on Record. The unemployment rate for African Americans has fallen from 14.2 percent in 1992 to an average of 7.7 percent in the first half of 2000 � the lowest rate on record. Unemployment for Hispanics has fallen from 11.6 percent in 1992 to an average of 5.7 percent in the first half of 2000 � the lowest rate on record.
Most Rapid Growth in Construction Jobs In 50 Years. After losing 662,000 jobs in construction during the previous four years, 2.2 million new construction jobs have been added during the Clinton-Gore years � that�s a faster annual rate (5.4 percent) than any other Administration since Harry S. Truman was President.
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Changing the world since 1967
Pat Montgomery, Ph.D., and her husband, Jim, founded Clonlara School in 1967 when, after teaching in public and parochial schools and then having their two children, Pat began to feel that schools did not take into account the child’s natural development and growth in learning. As an admirer of Piaget’s work, which promoted learning through play and games, she set out to create a school where everyone could learn at their own pace, according to their needs and interests.
Pat envisioned a school where children of all ages, ethnicities, and beliefs could learn and grow in an unhurried, relaxed atmosphere; where enrollment would be limited so that the children, staff, and parents would all get to know one another; and where families would have an active role in school life and in the education of their children.
The democratic principles on which the United States was built would become a reality in the everyday lives of students and teachers in Clonlara’s Campus Program. Children would be respected as thinking, feeling human beings, and the issues affecting their lives—the environment, war and peace, world issues—would be part of the curriculum. Travel and community involvement would also be an integral part of their learning and growing.
The Off-Campus Program began in 1979 as an extension of the original campus school into the homes of families across the United States and, eventually, numerous other countries. It would foster students’ independence and self-confidence by encouraging them to embrace the responsibility for their own education. Pat believed students could identify their goals and passions, and with the professional supervision and aid of Clonlara’s advisors, choose their own educational resources and establish their own schedules. In 2013, the Online Program was added for students who wanted “ready-to-go” courses with the freedom and flexibility of Clonlara’s educational approach.
Throughout its history, Clonlara School has been a leading advocate for alternative education and homeschooling in the United States. In the 1980s, Pat filed a lawsuit against the State of Michigan Board of Education on behalf of Clonlara and home-educating families, which began a series of legal battles.
In 1993, the Michigan Supreme Court ruled in Clonlara’s favor, acknowledging that state education officials could not enforce public school policies against parents educating at home as if those policies were law. This precedent-setting victory would prove instrumental in making homeschooling a legal and acceptable educational option for families across the United States.
Today, Clonlara continues to expand, serving students in more than 60 countries and providing support in multiple languages: English, French, German, Hungarian, Portuguese, and Spanish.
"The school inside you"
While visiting Summerhill School in England, A.S. Neill advises Pat Montgomery to create “the school inside you.” The Montgomerys purchase a house for a nursery school in Ann Arbor. Clonlara School is founded.
Clonlara begins to grow
The Montgomerys purchase the house next door and Clonlara grows from one house to two.
Child care center opens
Portable classrooms are added.
Clonlara enrolls school-age students
Elementary school opens in portable.
We grow with the kids
Six- to 13-year-olds served.
Homeschooling begins
Clonlara launches its Home Based Education Program, which is now the Off-Campus Program.
Different ages, different needs, same personalized learning approach
Clonlara expands ages served to include 14- to 18-year-olds.
Clonlara breaks ground for a new building.
Time to expand
Clonlara’s Spanish Program begins.
Our international community grows
Clonlara’s German Program begins.
Pat Montgomery retires and Pat’s daughter, Chandra Montgomery Nicol, is named Executive Director.
Growing beyond our imagination
Clonlara establishes affiliate program in India.
Global reach and new programs
Clonlara establishes affiliate program in Costa Rica, begins Hungarian Program, and launches the Online Program.
More countries come on board
Clonlara’s Portuguese Program begins.
A name change and a new language
The Home-Based Education Program becomes the Off-Campus Program; Clonlara’s French Program begins.
Celebrating 50 years...
From its roots in Ann Arbor, Clonlara continues to grow and touch many lives throughout the world.
More than 50 years ago we planted a tree. The seeds were curiosity, freedom, respect, and empowerment. As the tree grew, its roots and trunk became stronger, and its branches extended as if they wanted to embrace the sky. Its leaves and fruits became our impact on more than 50 years of learning.
I value that my daughter is seen as an individual with unique learning interests at Clonlara. It’s so reassuring that she loves coming to school every day.
Sally, Campus Program Parent,
I wanted to share with you my whole family’s delight in your school. This first week has been wonderful and my two boys have done more work voluntarily than ever before!
Dilshad, Off-Campus Program Parent,
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The law of the streets
May 22, 2009 May 12, 2014 carinyasharples
(The Pavement, 22 May 2009) In recent months, The Pavement has reported on the various enforcement measures being employed to drive homeless people off the streets. But do such tactics actually work and if so, who benefits? These are the questions asked by a report, published last year, which examines the impact of enforcement on ‘street users’ in England. The study, carried out by Sarah Johnsen and Suzanne Fitzpatrick, of the University of York, and published by the Joseph Rowntree Foundation, is primarily concerned with measures used to tackle begging, street drinking and other examples of what is often referred to as “problematic street culture”. However, it also refers to enforcement initiatives used against rough sleepers. The examples of enforcement cited in the report will sadly be familiar to many readers: dispersal orders, the closing down of rough sleeper ‘hot spots’, ‘hot washing’ (wetting the streets to discourage rough sleeping) and arrests under the 1842 Vagrancy Act. The report examines how these interventions have been used and their impact in five key areas – Westminster, Southwark, Birmingham, Leeds and Brighton. From the research carried out, the report concludes that “enforcement is a high-risk strategy, only to be used as a last resort, and never with very vulnerable street users, such as those with mental health problems”. Yet, the report also suggests that many local authorities are increasingly keen to employ these measures in what they see as the “fight against rough sleeping”.
Arrests for sleeping rough
The Pavement recently reported the arrest of Peter Pickles, amongst others, who refused to be ‘moved on’ (issue 33). The incident shocked many people and pointed to a new tough approach by the authorities. This arrest may have been less shocking in Leeds, however, where according to the report homeless people have been arrested under the 1824 Vagrancy Act simply for sleeping rough, a policy carried out, the report claims, in order to “disrupt street lifestyles and address associated ASB”. Arrests as a tactic was not used in any of the other case studies areas. This was, says Dr Johnsen, for a variety of reasons. “The first one being that the police don’t actually want to arrest people who sleep rough. That’s not what they’re about,” she says. “Secondly, there’s a significant fear of public backlash, because while a lot of members of the public – certainly the ones we spoke to – approve of the use of enforcement for people who are begging aggressively or are ‘agro’ street drinkers, most have a very different opinion when it comes to people who are ‘just’ sleeping rough.” “The other reason,” Dr Johnsen explains, “is because it would be of questionable legality in a lot of places, as people can only be arrested if they have refused the offer of ‘freely available’ accommodation. In somewhere like London, you cannot say ‘here’s a bed space available to you right now’ because it just doesn’t happen that way. There’s a real process people have to go through in order to get into a hostel, red tape that has to be negotiated, hoops they have to jump through… It doesn’t happen instantly.” Although the report found instances where arrests acted as a “constructive ‘kick'”, motivating a minority of rough sleepers to look for accommodation, rough sleepers generally just avoided arrest by bedding down further away from the city centre in more hidden places. Most support providers, as well as members of the wider community who were interviewed, were opposed to the arrest of rough sleepers.
Wetting down
The City of London is not the first area to see ‘wetting down’ of rough sleeping spots. In Westminster, the council’s environmental team was instructed to leave pavements of designated areas wet after cleaning the streets to discourage rough sleepers from bedding down at night. The local authority justified this ‘hot washing’ as a deterrent that may, with other measures, encourage rough sleepers to ‘come inside’. All of the rough sleepers spoken to who had been directly affected, like many Pavement readers, merely found alternative, out-of-the-way, places to sleep. Unsurprisingly, hot-washing was strongly criticised by frontline workers. One from Westminster, who was quoted in the report, said: “It’s inhumane… These are some of the most vulnerable people in society… They expect to be knocked by society. It’s the norm for them. But I personally think it’s a pretty appalling way to treat people.”
Dispersal and rough sleeping hot spot closure
Although dispersal orders had been considered in a few case studies, they have not been used to any great extent. While in theory they would help break up large groups of street users, there were concerns that dispersal orders would simply shift street activity to another area. Closing rough sleeping hot spots was thought to be a more effective lever to encourage entrenched street users into services, by both enforcement agents and frontline workers. Used most commonly in central London, as well as Birmingham and elsewhere, one Westminster frontline worker in the report agreed. “If an area is disrupted then it might budge someone in their pattern of going to the same place, at the same time. If they can no longer do that it may make them look at something else,” the worker said. But they emphasised a need for “appropriate interagency coordination” and giving “plenty of warning regarding the date of closure and information about support options available”. They also called for eventual closure to be preceded by intensive outreach work.
Concerns of support providers
Many support providers who were interviewed supported the enforcement measures in principle, provided there was coordination with supportive interventions. However, street outreach workers agreed almost unanimously that enforcement measures caused many rough sleepers to “go underground” and sleep in more hidden places, making them harder to locate and offer support to. Frontline staff also objected to the use of enforcement to combat anything but “genuine” antisocial behaviour. Many support providers were also worried that councils were under pressure to “be seen” to take action against antisocial behaviour, with their clients viewed as “easy targets”.
Tarred with the same brush
Following the reports of harassment of rough sleepers in the City, many people expressed feelings of unease and even anger towards Broadway, the charity contracted by the Corporation of London to carry out homeless outreach work within the Square Mile. “It’s really important that outreach workers aren’t implicated in enforcement actions because they lose their integrity in the eyes of people on the streets,” Dr Johnsen warns. While outreach workers in the report were anxious to distance themselves personally from enforcement, frontline workers wanted a “seat at the table” in antisocial behaviour operational discussions, in order to safeguard the interests of their clients.
The view from the street
Like many service providers, those homeless interviewed were often cynical about the motive behind the enforcement initiatives. “What are the authorities actually after? Is it a vanity, a cosmetic exercise? Do they think we should be out of the way of the visitors?” asked one rough sleeper in Westminster quoted in the report. Not all those interviewed were completely against enforcement tactics for “aggressive” individuals. However, the report notes: “street users on the whole believed that they should be ‘left alone'”.
What’s the future for enforcement?
“There’s [already] been a significant change in perception amongst service providers” said Dr Johnsen. “Since we first began the research people seem to have come to a consensus that enforcement can in some circumstances help some people, but only if appropriate support is effectively integrated, and even then you can’t guarantee that it will work for any one individual.” But, there are still gaps in the provision of some services, she adds. “It’s all very well saying to these people ‘you need to change your way of life, you need to come inside, live in a hostel, you need to get drug or alcohol treatment’ and so on. But if you can’t offer it to them then and there, how justifiable is the threat of dire ramifications for failure to engage?” A major concern for many when reading about these moves will be the loss of free will it marks for readers, as they dictate how and where one should live – instead of relying on an offer of an alternative to life on the street, they are attempts to ban it. Broadway has made much of its statement that “we do not believe it is acceptable that anyone in the 21st century should have to sleep on the streets”. The question perhaps to ask now, some suggest is, ‘acceptable for whom?’. See letters for more on the City story and a legal query.
http://www.thepavement.org.uk/story.php?story=533
homelessness legal london UK
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Tag Archives: the Vatican
Getting down about FGM in Africa.
(2018) Documentary (Abramorama) Deborah Feldman, Leyla Hussein, Rokudenashiko, Doris Wagner, Vithika Yadav, Mike Scott. Directed by Barbara Miller
There are those who think “feminist” is a dirty word, that they are strident man-haters out to castrate the opposite sex and turn the world into a matriarchy. That the feminist movement might have legitimate and pressing concerns doesn’t necessarily occur to those sorts.
Swiss documentarian Barbara Miller looks at five women who are fighting different aspects of oppression that women face on a global scale. Closest to home is Deborah Feldman, an author and former member of New York’s Hassidic denomination of the Jewish faith. She found herself married to a man she barely knew and with absolutely no control over the direction she wanted her life to go. She decided to leave the faith and to take her son with her; she remains one of the few Hassidic women to win custody of her son when leaving the faith. She is reviled by those she formerly was part of the community with.
Former nun Doris Wagner, who while serving in a convent in the Vatican was raped by a priest there. When she confessed what happened to her to the Mother Superior, she found herself treated like a criminal, that it was her fault what happened to her. Essentially without recourse and feeling alone, she took the drastic step of renouncing her vows and attempting to communicate her story directly to Pope Francis, who she felt (as many Catholics do) might be ready to do something about the dangerous and brutal situation in the convent. To date, however, there have been no changes although Wagner is much happier these days as a wife and mother.
Japanese manga artist Rokudenashiko got into trouble when she made a model on a 3D printer of her vagina in order to make art out of them (including a fiberglass kayak). In a culture that is replete with porn, it was amazing to her that the depiction of a part of her body would elicit such a negative response but she was in fact arrested and charged with obscenity. She was eventually convicted of publishing the schematics so that others could use 3D printers to replicate her vagina, which falls under the corruption of minors. She continues to appeal the conviction, although she is now dating Mike Scott, formerly of the Welsh band The Alarm, who was drawn to her plot by a news story about her.
Indian activist Vithika Yadav is a founder of the Love Matters website. If rape is a problem here in the United States, it’s an absolute epidemic in India where women are regularly groped and assaulted. Most women in India do not feel safe going out after dark without a trusted escort. Yadav is trying to create an atmosphere where men learn to respect women and see them as partners rather than as chattel.
Somali refugee Leyla Hussein lives in London now, but in the country of her birth was subjected to Female Genital Mutilation, a barbaric practice in which the clitoris is cut off as well as in some cases other parts of the vagina so that women can no longer experience sexual pleasure. One of the most compelling scenes in the film has her showing on an oversize clay model to a group of Somali young men exactly what is done in the procedure. The horror on their faces speaks volumes.
While at times the tone gets a little shrill, this definitely isn’t an anti-man film; rather, it is anti-abuse of women. All five of these women just want women to retain control over their bodies and their lives. As has been said elsewhere, if the Somalis practiced the hacking off of male penises, a stop would have been put to it forthwith but the practice is spreading as refugees from countries that practice it are moving into Europe and North America.
The women are passionate and personable and tell their stories eloquently. If Hussein breaks down in frustration as she does at one point, it’s understandable. When you think about it, there has been a cultural fear of the vagina on a global scale for millennia. Women have been forced into arranged marriages (as have men, to be fair) but more to the point, into arranged roles in which they are subservient.
Even in Japan, women are encouraged to look and act more child-like with big bows in their hair and cutesy schoolgirl clothes, something Rokudenashiko buys into which I found a bit ironic. This is certainly a film for the #MeToo era although this isn’t just about rape – it’s about the oppression of half the worlds population by the other half. This is certainly an eye-opening movie and if you have an uncle who thinks feminists are lesbians who want to see men mowed down by machine gun fire, you might want to plunk them down and show them this film. Not that it would make much of an impression of the Rush Limbaugh-lovers, but you never know.
REASONS TO SEE: Looks at the issues of feminism with a global perspective. The storytelling is compact but often harrowing nonetheless.
REASONS TO AVOID: Can get strident at times.
FAMILY VALUES: There is a fair amount of profanity, sexual content, artistic depiction of female genitals and discussions of rape.
TRIVIAL PURSUIT: Filming took place over the course of five years with locations in North America, Europe, Asia and Africa.
CRITICAL MASS: As of 10/21/19: Rotten Tomatoes: 90% positive reviews: Metacritic: 71/100.
COMPARISON SHOPPING: The Hunting Ground
NEXT: Mountaintop
Posted in New Releases | Tagged #Female Pleasure, Abramorama, cinema, Cinema365, custody battle, Deborah Feldman, Documentary, Doris Wagner, female genital mutilation, Films, Hassidic Jews, India, Japan, Leyla Hussein, manga artist, Mike Scott, movies, obscenity trial, patriarchy, rape, rape culture, reviews, Rokudenashiko, Roman Catholic nun, Somalia, The Alarm, the Vatican, Vithika Yadav, website | Leave a reply
The Nun (2018)
When staying in a haunted abbey it is advisable to frequently check and see what’s behind you.
(2018) Horror (New Line) Demián Bichir, Taissa Farmiga, Jonas Bloquet, Bonnie Aarons, Ingrid Bisu, Charlotte Hope, Sandra Teles, August Maturo, Jack Falk, Lynnette Gaza, Ani Sava, Michael Smiley, Gabrielle Downey, David Horovitch, Tudor Munteanu, Lili Bordán, Scarlett Hicks, Izzie Coffey, Jared Morgan, Laur Dragan, Eugeniu Cozma, Manuela Clucur, Beatrice Peter, Ana Udrolu. Directed by Corin Hardy
This is the fifth film in the Conjuring universe to date. In it we explore the origins of the demonic nun first seen in The Conjuring 2. Is her story worth exploring further?
At a remote Romanian abbey a young nun is found hanging from the front facade by local villager and supplier Frenchie (Bloquet). Word gets back to the Vatican where Father Burke (Bichir) is assigned to investigate with novitiate Sister Irene (Farmiga) sent to accompany him. Father Burke has a bit of a past; during an exorcism that he performed a child (Maturo/Falk) died and he has been haunted by the memory ever since.
When they get to the village near the Abbey where Frenchie lives, they discover that the villagers have a healthy fear of the Abbey which is rumored to contain a terrible evil. Frenchie takes the to the abbey where the Mother Superior (Gaza) informs them that the nuns are in the midst of their vow of silence for the night and they can’t be interviewed until the following day. The two clerics will have to stay the night.
Of course during the night both of them are beset by nightmarish visions and Frenchie has issues of his own getting back home. The next day Sister Irene talks to some cooperative nuns but discovers that they have been tasked to hold back the evil entity dwelling below the abbey with the power of constant prayer and Father Burke has a close encounter with Daniel and being buried alive. There is most definitely an evil presence at the Abbey – and it will be up to Father Burke, Sister Irene and Frenchie to vanquish it before it escapes to cause all sorts of havoc in the rest of the world.
Hardy uses his Romanian locations to their full potential. Rarely have I seen a horror movie that exudes such palpable menace. You’re on edge from the moment that we arrive in Romania which is what you want from a horror movie. Unfortunately, you want a bit more as well and the promise of the genuinely creepy castle where this was filmed isn’t taken advantage of.
Hardy relies far too much on jump scares which, to be fair, is a trademark of the franchise overall but the effectiveness of those scares is diluted the more that they are used. While the make-up for the demonic nun is genuinely impressive, for the most part she just leaps out of the shadows with an accompanying WHOOM! on the soundtrack. In that sense what could have been a great character is reduced to a Halloween novelty device that you find in neighborhood homes that like to decorate for the holiday.
Thankfully, Farmiga, Bloquet and particularly Bichir didn’t get the memo that the movie wasn’t up to par with the other films. They all turn in solid performances with Bichir once again proving that he is perhaps the most underutilized actor in Hollywood. It makes me wonder if he wasn’t Hispanic he would be getting more high-profile roles. As it is he makes the most out of the roles he does get and he is nearly as memorable as the background here.
This ends up being a bit of a disappointment. Demonic nuns are always an extremely scary creature and there has yet to be a movie that I’ve seen that really makes full use of them, although I’m sure there are some out there that must. The franchise has been to this point pretty impressive in terms of the quality of the individual films but it has been slipping as of late. There are at least three new movies in the Conjuring universe in the pipeline and hopefully they will turn the quality factor around but if they continue to be as mediocre as this perhaps it just might be time to give the franchise a rest.
REASONS TO GO: The Romanian locations are truly creepy. Bichir is outstanding while Bloquet and Farmiga both give strong performances.
REASONS TO STAY: There are way too many jump scares. The horror intensity is lacking from the other films in the franchise.
FAMILY VALUES: There is plenty of terror and disturbing images, violence and some gore.
TRIVIAL PURSUIT: Taissa Farmiga who plays Sister Irene is the younger sister of Vera, who plays Lorraine Warren in the original The Conjuring. It is not known whether the two characters are related.
CRITICAL MASS: As of 10/31/18: Rotten Tomatoes: 26% positive reviews. Metacritic: 46/100
COMPARISON SHOPPING: The Church
NEXT: Weed the People
Posted in New Releases | Tagged 1950s, Bonnie Aarons, buried alive, Catholic Church, Charlotte Hope, cinema, Cinema365, Demian Bichir, demonic nuns, exorcism, Films, ghosts, haunted abbey, horror, Jonas Bloquet, movies, New Line Cinema, Novitiate, reviews, Romania, Six Days of Darkness, Six Days of Darkness 2018, superstitious villagers, Taissa Farmiga, The Nun, the Vatican | Leave a reply
Static electricity can be murder!
(2012) Supernatural Horror (InSurge/Paramount) Fernanda Andrade, Evan Helmuth, Simon Quarterman, Ionut Grama, Suzan Crowley, Bonnie Morgan, Brian Johnson, Preston James Hiller, D.T. Carney, Maude Boranni, Marvin Duerkholz. Directed by William Brent Bell
Ah, Blair Witch Project, what hath thou wrought? Here is yet another in the long line of recent found footage films (i.e. Cloverdale, Apollo18) which to be honest are becoming rather gimmicky. While the Paranormal Activity series has been well-received both by critics and audiences alike, it is quickly becoming an excuse for sloppy camera work and poorly constructed plots.
Studios like these kinds of movies because they are extremely inexpensive to produce and when they hit it big, they can really upgrade the studio’s tax bracket. Even when they don’t hit it big, it doesn’t take much for them to make a profit and when they don’t, it’s not much of a write-off so it’s a win-win situation for the studio.
For audiences, however, it can be another matter. Maria Rossi (Crowley) was a Connecticut housewife who in 1989 killed two priests and a nun during an exorcism ceremony. She was found not guilty by reason of insanity and later moved from an asylum in Connecticut to one in Rome. Her daughter Isabella (Andrade) who was a little girl when her momma went all medieval is ready to visit her mom for the first time since then and in the fine tradition of reunions everywhere wants to film it, taking with her Michael, a somewhat slimy cameraman (Grama).
In Rome she is given permission by the Holy See to film an exorcism class where she meets Fr. Ben Rawlings (Quarterman) and Fr. David Keane (Helmuth), a couple of young exorcists-in-training who chafe under the Church bureaucracy and are eager to go off and perform exorcisms on those who as they put it “have fallen through the cracks of the Church.” Naturally they become interested in Isabella’s case but they want to show her a real exorcism first, so they take her to visit Rosa (Morgan), a cruelly possessed teenager. After that, the two renegade priests visit Maria in the asylum and, as you can imagine, all Hell breaks loose.
I will grant you that the movie as much as I’m ripping on it does do a good job basically from the time Isabella gets to Rome and through the exorcism attempt of Maria in setting up the right mood. There are a few startle-scares (big dogs parking, loud crashes) but for the most part this is more atmosphere than gorefest. Those looking for demons and beasties best look elsewhere.
The acting, as it is in many of these sorts of films is just competent at best. Maintaining the illusion of reality means hiring unknowns and that is always a bit of a crap shoot. But then again, who goes to these sorts of movies for the acting?
A movie like this has to keep the viewer interested in what’s going to happen next and elicit a sense of dread from the audience (after all, the footage had to be “lost” before it was found and there’s usually a reason for that) but part of the problem is that you kind of know before the movie even starts that bad things are going to happen to the people in the film and it’s not going to end well for them. In a sense, their own genre works against them. For that reason, we need to care about the characters and quite frankly, the writers of the movie didn’t even care enough to make them anything more than cookie cutter characters.
Much of the audience anger (it has gotten very poor word of mouth) at the movie stems from the ending. I won’t spoil it other than to say it’s abrupt enough to give you whiplash, then refers you to a website for further information – which I did and while it gives you additional background information on the main characters and some of the other elements within the movie. I think the attention was to be innovative and turn the movie into a film/internet hybrid. While I think that’s a peachy concept, quite frankly it didn’t work well here and served only the make people really angry. The ending basically ruins the movie.
While some publications thought that Paramount was hoping for a Paranormal Activity-type franchise out of this film, I’m not so sure. I can’t see how this lends itself to a sequel, although I suppose it’s possible to have some other investigators investigate the happenings in the movie. I don’t think the found footage-style would work for that so much though.
The middle part of the movie was pretty good which is what makes this so sad. There is obviously potential here for a good movie, but then the horrible ending blows that to smithereens. It made pretty decent box office its first weekend (which I’m sure is what the studio was hoping for) but with the bad word-of-mouth and negative reviews I don’t foresee much staying power and I don’t think people are going to want to see a The Devil Inside 2. You can’t trample the goodwill of an audience and expect them to come back for more.
REASONS TO GO: Very creepy in places.
REASONS TO STAY: An ending that just about kills the movie. Makes you wonder if found footage movies have outstayed their welcome.
FAMILY VALUES: There are some fairly disturbing scenes and a couple of grisly images. The language is rough and as with most possession movies a lot of it is sexually based.
TRIVIAL PURSUIT: This is the first release of Paramount’s low-budget InSurge brand.
CRITICAL MASS: As of 1/20/12: Rotten Tomatoes: 6% positive reviews. Metacritic: 18/100. The reviews are scathing.
COMPARISON SHOPPING: The Last Exorcism
DEMONIC PSYCHOBABBLE LOVERS: While the exorcisms are conducted in English rather than Latin, there are references to demons and demonic lore.
TOMORROW: GalaxyQuest
Posted in New Releases | Tagged asylum, cinema, documentary crew, exorcism school, exorcisms, Films, Hartford, InSurge, legacy, mental illness, movies, Paramount, renegade priests, reviews, Rome, supernatural horror, The Devil Inside, The Holy See, the Vatican, triple homicide | Leave a reply
Even dilapidated boarding houses are mainly CGI these days.
(2011) Supernatural Horror (New Line) Anthony Hopkins, Colin O’Donoghue, Alice Braga, Ciaran Hinds, Rutger Hauer, Toby Jones, Marta Gastini, Maria Grazia Cucinotta, Arianna Veronesi, Andrea Calligari, Chris Marquette, Torrey DeVito, Ben Cheetham, Marija Karan. Directed by Mikael Hafstrom
Ever since The Exorcist Hollywood has periodically unleashed movies in which Roman Catholic priests do battle with demonic possessors, generally of innocent young girls. Some of these movies have been essentially visceral knock-offs meant to test the limits of our squeamishness. Not all of them are like that though.
Michael Kovak (O’Donoghue) is a young man with some heavy baggage in his past. His mother died when he was young and his father (Hauer), the undertaker in a small Midwestern town, is as cold to him as the snow that blankets the town each winter. As he has grown from childhood, he’s become increasingly convinced that there is no God, much to the dismay of his dad. He is also quite convinced that the mortuary business is not for him, to the greater dismay of his dad.
Michael enters the seminary, mainly for the free education but also to test his atheism. While he questions his faith, the Father Superior (Jones) senses something inside Michael, something good and decent and suggests that he attend the Vatican’s exorcism school. Michael is skeptical; he is planning (as he has all along) to opt out of his vows until the Father Superior tells him that the cost of his education will then be placed into a student loan of over $100K which Michael will owe. Reluctantly, Michael flies to Rome.
At the Vatican, Michael continues to question, drawing the attention of Father Xavier (Hinds) who advises Michael to spend some time with a veteran exorcist. Michael is then paired with Father Lucas Trevant (Hopkins), an acerbic and quirky priest who lives with a whole lot of cats he despises in a dilapidated old rooming house in Rome.
He’s working on the exorcism of a pregnant teenage girl (Gastini) but the results seem to be less spectacular than in the movies. “What’d you expect,” barks Father Lucas, “Spinning heads? Pea soup? ” That should give you all you need to know about the movie you’re watching.
As the exorcism progresses over a period of weeks, things get a little more strange and chilling. A lovely journalist (Braga) trying to get to the bottom of the Vatican’s involvement with exorcisms befriends Michael and he’s quite inclined to help her get her story. To be honest, Michael believes that this girl – and indeed, most “possessed” by demons – need psychiatric help more than exorcists. But the farther things go along and as unexplainable events occur, it is not Michael’s faith that will be tested but lack thereof.
That really is the difference between this movie and other demonic possession movies with maybe the exception of The Last Exorcism and even in that Cotton Marcus does have religious belief – he’s just not a believer in exorcisms. Here, Michael flat-out doubts the existence of God and the Devil which makes it more interested when confronted with evidence of the latter.
Hafstrom, who helmed the excellent 1408 (one of the better Stephen King adaptations) makes this almost clinical in places but takes the basic conceit of exorcism movies and turns it on its ear. I don’t know how much this was taken from the book this is based on (which I understand only provides a framework for the movie) but it is a bold move nonetheless.
The usually reliable Hopkins is a little over-the-top here. This isn’t a very subtle performance at all, and there are a few Hannibal Lecter mannerisms that are a bit startling. Most of the rest of the performances in the movie are more understated and nuanced; Hopkins stands out and not in a good way. In all honesty however I have to admit I’m not sure if he could have played it any other way.
This was advertised (and continues to be on DVD) as a horror film and in a lot of ways it isn’t, although there are some genuine creep-outs and some good startle scares too. However, most of the time it tends to be more of an examination of faith and the testing of it in a world which has moved more into a Missouri frame of mind – as in show me. We have become more used to a “just the facts” mindset and that’s not always a bad thing.
Faith implies a willingness to set aside fact and proof to take it on faith that something is so. Even science asks us to take some things on faith – for example, that faster than light travel isn’t possible. And, of course, it isn’t – until someone finds a way to make it happen. Science is a world limited to what we know and can prove. Faith is a world that tells us that there are things that not only we don’t understand, that we can’t understand. Art is a bridge between the two, allowing us to imagine things that are possible but also might not be and making them real. M.C. Escher to me comes closer to touching God than anybody.
But faith vs. science ranting aside, the movie may not necessarily be what you’re looking for when you want a good scare. It is a little smarter and a bit more practical but addresses some issues that most horror movies aren’t willing to tackle. It’s a well-made movie and for those interested in bigger questions than “how did they make that girl’s head do that,” it might be a good fit on a stormy night.
WHY RENT THIS: More of a psychological thriller than horror still packs some nice scares.
WHY RENT SOMETHING ELSE: Hopkins chews the scenery and a little bit of him goes a long way here. Otherwise much more clinical than terrifying.
FAMILY VALUES: There are plenty of shocking and disturbing images, not to mention the adult thematic matter, some of it sexual. There’s also a bit of supernatural violence.
TRIVIAL PURSUIT: The translation of the Hungarian phrase Hauer utters several times in the film regarding his wife is “My love, my flower, my bliss.”
NOTABLE DVD EXTRAS: There is a featurette on the actual Vatican school of exorcism which includes interviews with the authors of the book that inspired the movie.
BOX OFFICE PERFORMANCE: $96.1M on a $36M production budget; the movie made decent money.
TOMORROW: Melancholia
Posted in DVD Review | Tagged Alice Braga, Anthony Hopkins, atheism, Baal, based on a non-fiction book, belief, Ciaran Hinds, cinema, Colin O'Donoghue, demons, DVD Reviews, exorcisms, faith, Films, Latin, movies, New Line, possession, pregnancy, Rome, Rutger Hauer, seminary, supernatural horror, The Rite, the Vatican, Toby Jones | 2 Replies
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Tag Archives: Victor Frankenstein
New Releases for the Week of November 27, 2015
(Disney*Pixar) Starring the voices of Raymond Ochoa, Jack Bright, Jeffrey Wright, Sam Elliott, Frances McDormand, Steve Zahn. Directed by Peter Sohn
In a world where the asteroid that caused the mass extinction of the dinosaurs missed the Earth, an Apatosaurus named Arlo who as the runt of the litter was always frightened of everything in the world around him, is forced to make friends with a feral human boy named Spot. Alone and far from home in a dangerous world, the two must work together to make it home.
See the trailer, clips, a featurette and B-roll video here.
Release Formats: Standard, 3D
Genre: Animated Feature
Now Playing: Wide Release
Rating: PG (for peril, action and thematic elements)
(RLJ Entertainment) Kurt Russell, Patrick Wilson, Matthew Fox, Sean Young. After a small town in the Old West is attacked by savage cannibalistic cave dwellers (try and say that five times fast), a grizzled sheriff leads a dysfunctional posse after them to rescue the captives they took from the town. Little did they realize that the cannibals were far more ruthless and resourceful than they could have imagined – and that the rescue mission has become a fight for survival.
See the trailer and a clip here.
Now Playing: Enzian Theater
(Fox Searchlight) Saoirse Ronan, Domhnall Gleeson, Jim Broadbent, Julie Walters. A woman in the 1950s emigrates from Ireland to the United States to find herself a new life. At first beset by pangs of homesickness, she begins to ease into her situation, buoyed by a promising romance. However when personal matters require her to return to Ireland, she finds herself forced to choose between two lives – one in her homeland, one in her new home. Scripted by Nick Hornby.
See the trailer, clips, a featurette and an interview here.
Now Playing: AMC Altamonte Mall, AMC Disney Springs, AMC Loew’s Universal Cineplex, AMC West Oaks, Regal Oviedo Marketplace, Regal Waterford Lakes, Regal Winter Park Village
Rating: PG-13 (for a scene of sexuality and brief strong language)
(MGM/New Line) Michael B. Jordan, Sylvester Stallone, Tessa Thompson, Phylicia Rashad. The son of the late boxing champion Apollo Creed never knew his father, who died in the ring before he was born. Angry at life, he only feels comfortable in the boxing ring. Knowing that he needs the kind of training that he can’t get just anywhere, he seeks out his father’s one-time rival and closest friend Rocky Balboa, who sees something in the young man that Creed doesn’t see in himself. But Rocky has a deadly battle of his own to wage and young Adonis Creed will be taking on a foe that may be more than he can overcome. Jordan in the title role is reunited with his Fruitvale Station director Ryan Coogler.
Genre: Sports Drama
Rating: PG-13 (for violence, language and some sensuality)
(Universal) Tom Hardy, Emily Browning, David Thewlis, Christopher Eccleston. In the 1960s the Kray Brothers were the most notorious and feared gangsters in London. Their story, previously chronicled in The Krays starring Gary and Martin Kemp of Spandau Ballet, benefits from an Oscar-caliber performance by Tom Hardy – as both Kray twins. The movie will be opening on more screens in two weeks.
See the trailer, clips, interviews, promos and a featurette here.
Now Playing: Regal Winter Park Village (opening wider December 11)
Rating: R (for strong violence, language throughout, some sexual and drug material)
Tamasha
(UTV) Deepika Padukone, Ranbir Kapoor, Javed Sheikh, Faraaz Servaia. A tourist and a nomad living on an island near France fall for one another as they organize “tamashas” all over the island.
Genre: Dramedy
Now Playing: AMC West Oaks, Touchstar Southchase
(Bleecker Street) Bryan Cranston, Louis C.K., John Goodman, Diane Lane. Screenwriter Dalton Trumbo is called in before the House Un-American Activities Commission to testify about his beliefs and to incriminate other colleagues who might be leaning too far to the left for American tastes as of 1947. Instead, he stands up against Congress and is sent to prison before being blacklisted. Instead, he perseveres and becomes an American hero in the process.
See the trailer, clips, an interview and a featurette here.
Genre Biographical Drama
Rating: R (for language including some sexual references)
(20th Century Fox) James McAvoy, Daniel Radcliffe, Jessica Brown Findlay, Charles Dance. A reimagining of the Mary Shelley classic, as a medical doctor wishing to conquer death becomes obsessed to the point of madness. Only his faithful assistant Igor can save him from his own deteriorating mental state and from his horrifying creation.
Rating: PG-13 (for macabre images, violence and a sequence of destruction)
Posted in Weekly Preview | Tagged 2015, Bone Tomahawk, Brooklyn, Bryan Cranston, Charles Dance, Christopher Eccleston, cinema, Cinema365, Creed, Daniel Radcliffe, David Thewlis, Diane Lane, Domhnall Gleeson, Emily Browning, Films, Frances McDormand, James McAvoy, Jeffrey Wright, Jim Broadbent, John Goodman, Julie Walters, Kurt Russell, legend, Louis C.K., Matthew Fox, Michael B. Jordan, movies, Nick Hornby, November 27, Patrick Wilson, Phylicia Rashad, Previews, Sam Elliott, Saoirse Ronan, Sean Young, Steve Zahn, Sylvester Stallone, Tamasha, Tessa Thompson, The Good Dinosaur, Tom Hardy, Trumbo, Victor Frankenstein | Leave a reply
I, Frankenstein
Posted on February 4, 2014 by carlosdev
Aaron Eckhart is pissed off that his agent let him sign up for this film.
(2014) Horror Fantasy (Lionsgate) Aaron Eckhart, Bill Nighy, Yvonne Strahovsky, Miranda Otto, Jai Courtney, Socratis Otto, Aden Young, Caitlin Stasey, Mahesh Jadu, Steve Mouzakis, Nicholas Bell, Deniz Akdeniz, Chris Pang, Kevin Grevioux, Bruce Spence, Virginie Le Brun, Penny Higgs, Goran Kleut, Yasca Sinigaglia, Nicole Downs, Angela Kennedy, Samantha Reed. Directed by Stuart Beattie
We are born and then we are created. We are all of us blank slates that are filled up by our experiences and our mentors, parents and friends. Of course if you don’t have the latter, you are left to interpret things on your own.
Victor Frankenstein (Young) had found the secret of creation, animating a sewn-together quilt of body parts and grafted skin. Part scientist and part madman, he had promised his creature (Eckhart) that he would one day animate a companion for him but later went back on his promise. In a fit of rage, the creature murdered Frankenstein’s wife (Le Brun) which completely unhinges his creator, who follows his creation up above the Arctic circle and promptly freezes to death. For reasons even he probably can’t understand, the creature carries the body back to the graveyard to bury his creator alongside his wife when the creature is attacked by demons. A pair of gargoyles witness the event in which the creature kills (and sends their spirits back to Hell) most of his attackers. Sounds plenty biblical to me.
They take him back (none too willingly) to a huge Notre Dame-like cathedral in some unnamed Eurocity where he is introduced to Leonore (Otto), Queen of the Gargoyles. She explains to the creature (whom she names Adam) that there is a war going on between the Demons of Hell and the Gargoyles who are the agents of Heaven (apparently the angels didn’t want to get their wings dirty) and that for whatever reason the demon Prince Naberius (Nighy) had chosen to involve Adam, he was nevertheless caught in the middle. However, Adam who is kind of pissed off at life in general (talk about someone who never asked to be born) chooses to turn his back, heading someplace where humans can’t find him. Or demons. Or gargoyles.
200 years pass and Adam, tired of being stalked by demons and still pissed off at life in general, decides to go on the offensive. Things haven’t changed much in gargoyle-land except that they are now willing to win by any means necessary and they don’t trust Adam much. Naberius, masquerading as a tech industrialist, has hired Dr. Terra (Strahovsky), a respected scientist, to help Naberius figure out a way to replicate Victor Frankenstein’s work. Of course, she doesn’t realize she’s working for a demon prince or she’d probably have asked for enough of a salary increase to afford a better apartment.
She’s able to re-animate rats but not humans yet; the reappearance of Adam and the existence of Victor Frankenstein’s journal in the possession of the gargoyles gives her a shot at actually reanimating human corpses. But what does Naberius want with reanimated corpses and how will that lead to the end of the world? And what will Adam, still pissed off at life in general, do about it – if anything?
Based on the Kevin Grevioux (who has a small role in the film) graphic novel, this has a lot of the same elements of the Underworld series; since some of the producer of that series are involved, it isn’t a stretch to figure out why the movie has much the same look as that hit movie franchise. Mainly set at night or at dusk, with palates of blue and grey predominant in the mix, the movie looks slick.
There is of course plenty of CGI gargoyles and demons to augment the slick look, with lots of digital flame and blue light to denote when a gargoyle or demon respectively bites the dust (the flames descend downward, the blue light ascends upward). The only thing missing is a black leather catsuit for Strahovsky.
Eckhart has been one of Hollywood’s most interesting leading men over the last decade but this is a definite misfire. His only expression is anger with a side trip into annoyed. He’s like the Clint Eastwood character in Gran Torino only with a murderous glare and lots of scars. He’s still charismatic but we get no sense of his inner journey – he eventually decides to help (not much of a spoiler gang) but we never get a clear sense of why; for someone who just wants to be left alone he really sticks his nose in things.
Nighy is one of my favorite actors and he’s essentially entertaining in everything he does. He can be light and charming, or dark and menacing as he is here. He makes for a fine demon prince, urbane and charming on the surface but with a whole load of delicious evil below it. Something tells me that a movie about his character would have been much more fun. Strahovsky, best known as the love interest in the TV show Chuck, looks pretty good on the big screen. I think she’ll make the transition just fine if that’s where she wants to go. Sadly, all three of these fine actors deserved better (as does Miranda Otto as the wishy-washy gargoyle queen).
In movies like Legion and Max Payne we get a very similar background story with a very similar look to both movies, and this one doesn’t really distinguish itself from those other two (and a whole mess o’ B-movies with similar themes). While some of the effects are nice and the leading actors do their job, the dialogue can be cringeworthy and you get the sense that director Beattie – who has some pretty good movies to his credit – lost a whole lot of battles to the producers and/or studio. In any case, this is bound to be heading to home video pretty quickly and while I won’t say it’s a complete waste of your time, you might be better off waiting for it to be a cheaper ticket than the ten dollars plus for the 3D version that are out there now.
REASONS TO GO: Bill Nighy is always entertaining. Aaron Eckhart is a solid leading man. Some nice eye candy.
REASONS TO STAY: Plot is very much paint-by-numbers. All concept and no substance.
FAMILY VALUES: Throughout the movie there’s plenty of action and violence although not much gore.
TRIVIAL PURSUIT: The monster was given the name Adam in Mary Shelley’s original novel. Few of the movies have utilized it but this one does.
CRITICAL MASS: As of 2/4/14: Rotten Tomatoes: 5% positive reviews. Metacritic: 30/100.
COMPARISON SHOPPING: Constantine
NEXT: Labor Day
Posted in New Releases | Tagged Aaron Eckhart, Adam, based on a graphic novel, Bruce Spence, cinema, corpses, demon prince, demons, Films, flames, gargoyles, Hell, horror fantasy, I Frankenstein, Jai Courtney, Kevin Grevioux, Lionsgate, Mary Shelley, Miranda Otto, movies, rats, reanimation, reviews, scars, scientific journal, Socratis Otto, Stuart Beattie, tech billionaire, Victor Frankenstein, war between good and evil, Yvonne Strahovsky | Leave a reply
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Home > U Chi L Rev > Vol. 13 (1945) > Iss. 4
Review of Toward a Democratic New Order by David Bryn
G. Louis JoughinFollow
Joughin, G. Louis (1946) "Review of Toward a Democratic New Order by David Bryn," University of Chicago Law Review: Vol. 13 : Iss. 4 , Article 19.
Available at: https://chicagounbound.uchicago.edu/uclrev/vol13/iss4/19
Issues 3 & 4
Commemorating Twenty-Five Years of Judge Frank H. Easterbrook
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What pet owners and veterinarians need to know about the coronavirus
By CVMBS Communications
This illustration, created at the Centers for Disease Control and Prevention (CDC), reveals ultrastructural morphology exhibited by coronaviruses. Note the spikes that adorn the outer surface of the virus, which impart the look of a corona surrounding the virion, when viewed electron microscopically. A novel coronavirus, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2), was identified as the cause of an outbreak of respiratory illness first detected in Wuhan, China in 2019. The illness caused by this virus has been named coronavirus disease 2019 (COVID-19). (CDC photo by Alissa Eckert, MS; Dan Higgins, MAM)
UPDATE, March 10, 2020: The World Small Animal Veterinary Association has issued updated guidance on its webpage, The New Coronavirus and Companion Animals – Advice for WSAVA Members. Links below have been updated as well.
The World Small Animal Veterinary Association (WSAVA) says veterinarians and pet owners should not panic about contracting the coronavirus (COVID-19). There are few cases in the United States, and it is highly unlikely that people could contract the new coronavirus (previously called 2019-nCoV) from their dog or cat, or that their companion animal could transmit the virus to people or other animals.
The association has prepared an advisory document offering guidance to help its members when talking with pet owners concerned about the risk of infection with COVID-19, following the outbreak in China.
Dr. Michael Lappin
Dr. Michael Lappin, professor of Infectious Disease at the CSU James L. Voss Veterinary Teaching Hospital, and chair of the association’s One Health Committee, recommends that veterinarians tell owners to:
• Keep their companion animals with them if they are self-quarantined
• Keep cats inside
• Arrange care for any animals left at home if family or friends are hospitalized
• Contact their veterinarian immediately if they have questions or concerns.
The advisory, produced by the WSAVA Scientific Committee and One Health Committee with input from the Centers for Disease Control, confirms that there is currently no evidence that pets or other domestic animals can be infected with COVID-19 or that they may be a source of infection to people. They do warn, though, that it is a rapidly evolving situation.
The advisory also cautions veterinarians against using vaccines against canine enteric coronavirus available in some global markets in the hope that they may offer some cross-protection against COVID-19. There is no evidence for this, as the new virus is a distinctly different coronavirus variant.
“There is still much we don’t know about COVID-19 and, while the priority is to bring the outbreak of the infection caused to people under control as soon as possible, we are concerned for animal welfare with reports of animals being abandoned or killed because their owners fear that they might carry the virus,” said association president Dr. Shane Ryan. “There is no evidence that this is necessary and we urge our members to ensure owners follow our guidance and keep themselves and their companion animals safe.”
The following FAQ is excerpted from the WSAVA advisory:
Can the virus infect domestic animals?
Currently there is no evidence that pets or other domestic animals can be infected with this new coronavirus. Additionally, there is currently no evidence that pets or other domestic animals might be a source of infection to people with the new coronavirus. This is a rapidly evolving situation and information will be updated as it becomes available.
Should I avoid contact with pets or other animals if I am sick?
Do not handle pets or other animals while sick. Although there have not been reports of pets or other animals becoming sick with COVID-19, several types of coronaviruses can cause illness in animals and spread between animals and people. Until we know more, avoid contact with animals and wear a face mask if you must be around animals or care for a pet in order to protect the pet from the possibility of disease transmission.
What should I do if my pet or other animal becomes ill and was around a person with novel coronavirus?
If your pet or other animal becomes ill, call your veterinarian to let them know that you are bringing a sick pet that was exposed to a person with the new coronavirus. Do not take the animal to a veterinary clinic until you have had a discussion with clinic staff. Tell them about any contact the animal may have had with someone with COVID-19 infection.
If my pet or other animal has been in contact with someone who is sick, can they spread the disease to other people?
We do not yet know if animals can get infected. We also do not know if they could get sick from this new coronavirus. Currently there is no evidence that pets or other domestic animals can be infected with this new coronavirus. Additionally, there is currently no evidence that pets or other domestic animals might be a source of infection to people with the new coronavirus. This is a rapidly evolving situation and information will be updated as it becomes available.
What are the concerns regarding pets that have been in contact with people infected with this virus?
While this virus seems to have emerged from an animal source, it is now spreading from person-to-person. Person-to-person spread is thought to occur mainly via respiratory droplets produced when an infected person coughs or sneezes. At this time, it’s unclear how easily or sustainably this virus is spreading between people. Learn what is known about the spread of newly emerged coronaviruses. Importantly, there is no data to date that dogs and cats can become infected with COVID-19.
What should be done with animals in areas where the virus is active?
Currently there is no evidence that pets or other domestic animals can be infected with this new coronavirus. This is a rapidly evolving situation and information will be updated as it becomes available. Although there have not been reports of pets or other animals becoming sick with COVID-19, several types of coronaviruses can cause illness in animals and spread between animals and people. Until we know more, avoid contact with animals and wear a facemask if you must be around animals or care for a pet. However, people diagnosed with COVID-19 should stay away from pets to help protect the pet from the potential for disease spread.
How can I help protect myself and my clinic staff?
Visit the 2019-nCoV Prevention and Treatment page to learn about how to protect yourself from respiratory illnesses, like COVID-19. Consult the CDC’s coronavirus page for more detailed information.
Should veterinarians start to vaccinate dogs against canine coronavirus because of the risk of COVID-19?
The canine coronavirus vaccines available in some global markets are intended to protect against enteric coronavirus infection and are NOT licensed for protection against respiratory infections. Veterinarians should NOT use such vaccines in the face of the current outbreak, thinking that there may be some form of cross-protection against COVID-19. There is absolutely no evidence that vaccinating dogs with the commercial available vaccines will provide cross-protection against the infection by the COVID-19, since the enteric and respiratory viruses are distinctly different variants of coronavirus. No vaccines are currently available in any market for respiratory coronavirus infection in the dog. [Information from the WSAVA Vaccination Guidelines Group].
The WSAVA represents more than 200,000 veterinarians worldwide through its 113 member associations. Its core activities include the development of WSAVA Global Guidelines in key areas of veterinary practice, including pain management, nutrition and vaccination, and the provision of continuing education. The work of the One Health Committee is supported by WSAVA Diamond Partner, Purina Institute.
College of Veterinary Medicine and Biomedical SciencesDepartment of Clinical SciencesInternal MedicineJames L. Voss Veterinary Teaching HospitalOne Healthveterinary
CVMBS Communications
More posts by CVMBS Communications
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Cyber Valley launches Investor Network
Europe’s largest AI research consortium attracts interest from some of the world’s most successful venture capital firms
cyvy 07 September 2020 Press Release Stuttgart/Tübingen Lennart Schmid, Linda Behringer
Investor Network Start-up Network IMPRS-IS Start-ups Venture Capital
The founding members of the Cyber Valley Investor Network
World-class science in the field of artificial intelligence (AI) has attracted seasoned mentors with investors committed to nurturing innovative ideas: local, national, and international venture capital (VC) firms will help young scientists within the Cyber Valley ecosystem to master the skills needed to become successful entrepreneurs. Their support will foster a breeding ground for the AI jobs of the future. Baden-Württemberg is one of the world’s strongest economies with a long history of start-ups that have become leading global players. The Cyber Valley Investor Network will continue to drive this success forward by helping create the AI companies of the future. Mentorship will enable entrepreneurs to turn world-class Cyber Valley AI research into leading new companies.
The Cyber Valley initiative has launched the Cyber Valley Investor Network. The Network makes a significant contribution to making Europe’s largest research consortium in the field of artificial intelligence (AI) a breeding ground for successful AI start-ups. The initial five network members are well-known venture capital (VC) firms: Atlantic Labs (Berlin), IT-Farm (Tokyo/Palo Alto), BMW i Ventures (Mountain View/Munich), Grazia Equity (Stuttgart), and Gründermotor (Stuttgart). They are committed to providing mentorship to scientists within the Cyber Valley ecosystem by helping them turn research and business ideas into thriving companies. The VC firms’ guidance will serve as a springboard for future entrepreneurs, creating the AI jobs of the future. For the state of Baden-Württemberg, one of the core Cyber Valley partners, transferring knowledge into successful businesses is a top priority.
“Cyber Valley has always aimed to bring science and industry together to develop innovative solutions through artificial intelligence,” said Baden-Württemberg’s Science Minister Theresia Bauer. “With the Cyber Valley Investor Network, our start-up scene and its young talent now have even greater support when it comes to commercializing their AI applications. This is where excellent research meets experienced investors: with both sides helping each other, the Cyber Valley ecosystem can reach its full potential. Once again, Cyber Valley has proven that it is not only a hot spot for cutting-edge research, but also an exciting place for forward-thinking investors.”
The Cyber Valley ecosystem provides optimal conditions for successful start-ups: First, the region boasts the highest density of world-class AI researchers in Germany. Cyber Valley faculty includes more than 50 internationally renowned scientists in the fields of machine learning, computer vision, haptics, and robotics, working at the leading edge of science. Second, the International Max Planck Research School for Intelligent Systems (IMPRS-IS), an interdisciplinary doctoral program, is one of the key elements of the Cyber Valley research consortium. IMPRS-IS provides first-class education to the world’s top young researchers in the broad field of intelligent systems, preparing them for careers in academia and industry. Third, the strong economic infrastructure of the Stuttgart-Tübingen region provides an ideal breeding ground for new ventures.
“The primary goal of Cyber Valley has always been to create the jobs of the future right here in the Stuttgart-Tübingen region,” said Michael J. Black, Cyber Valley Spokesperson and Director of the Perceiving Systems Department at the Max Planck Institute for Intelligent Systems. “The Investor Network will be a driving force in making this goal a reality. With the launch of the Cyber Valley Start-up Network in 2019, we created a platform for networking and scientific exchange among some the most promising AI companies in the region. With the Investor Network, we are taking the next step: some of the best local and international VC investors are providing our scientists with professional advice. Potential young entrepreneurs need expert guidance to transform an idea into a successful business. And they need financial support to grow.”
All five initial members of the Cyber Valley Investor Network have extensive experience advising and funding successful start-ups. Like the scientists in the Cyber Valley ecosystem, these VC firms are active on a global scale. Having both local and global investors reflects Cyber Valley’s roots as well as the initiative’s international visibility.
Venture capital firms support aspiring entrepreneurs with a long-term perspective on sustainable business development. Especially in the early developmental stages of start-ups, the members of the Cyber Valley Investor Network will provide guidance based on their expertise. They will share their knowledge about successfully kickstarting a company at informal and formal gatherings, such as workshops, tutorials and talks.
“We are very happy to welcome Atlantic Labs, IT-Farm, BMW i Ventures, Grazia Equity and Gründermotor into the Cyber Valley ecosystem. This is just the first step for the Investor Network. We are looking forward to expanding this platform in the future”, said Black.
Michael J. Black
Lennart Schmid
Linda Behringer
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#24 Luis Lamarche - Profile
- Team - NP SCORPS MAVERICKS FCSL LIGHTNING LOGGERHEADS RATS SNAPPERS SQUEEZE STORM SUNS
Home | Scoreboard | Leaders | Stats | Schedule | Roster | Transactions | Live Stream
Stats Spray Chart
Position: 3B/2B
Hometown: Miami , Florida
Class: Senior
College: Savannah St U
Draft Status:
Lamarche returns to the Diamond Dawgs after making the West All-Star team last summer and helping the team take the FCSL championship. The Savannah State Tiger was off to a hot start in the 2020 collegiate season hitting .372 through 14 games with ten runs and 11 RBI. Outfielders will need to be on their toes as Lamarche often goes for extra bases. He had seven doubles in 43 at-bats.
Summer 2020 Winter Park Diamond Dawgs 18 37 7 7 1 0 0 5 9 6 2 .189
Playoffs 2019 Winter Park Diamond Dawgs 2 7 1 4 0 0 0 0 1 0 0 .571
2019 ASG West All-Stars 1 4 0 0 0 0 0 0 0 1 0 .000
Summer 2019 Winter Park Diamond Dawgs 21 71 16 21 5 0 1 9 5 6 3 .296
Total 42 119 24 32 6 0 1 14 15 13 5 .269
Batting Game Log
Aug 1 LOGGERHEADS W 9-0 3 0 0 0 0 0 0 0 0 0 0 0 0 0.367 0.216 0.189 0.583
Jul 31 STORM L 0-4 2 0 0 0 0 0 0 0 1 0 0 0 0 0.391 0.235 0.206 0.626
Jul 30 @MAVERICKS W 7-3 2 0 0 0 0 0 0 1 0 1 0 0 0 0.409 0.250 0.219 0.659
Jul 29 @SNAPPERS L 0-5 2 0 0 0 0 0 0 0 1 0 0 0 0 0.400 0.267 0.233 0.667
Jul 25 @SQUEEZE W 6-5 2 0 0 0 0 0 0 2 0 0 0 0 0 0.421 0.286 0.250 0.707
Jul 23 @SUNS W 4-2 3 1 1 0 0 0 1 0 0 0 0 0 0 0.412 0.308 0.269 0.720
Jul 18 @SNAPPERS W 6-5 3 0 1 0 0 0 0 0 0 0 0 0 0 0.464 0.350 0.300 0.814
Jul 16 LOGGERHEADS W 11-3 2 1 0 0 0 0 0 1 0 1 0 0 0 0.480 0.353 0.294 0.833
Jul 14 SQUEEZE W 2-1 1 1 1 0 0 0 0 0 0 0 0 0 0 0.476 0.400 0.333 0.876
Jul 13 LIGHTNING L 2-5 3 0 0 0 0 0 0 0 1 0 0 0 0 0.450 0.357 0.286 0.807
Jul 7 LOGGERHEADS W 5-1 1 0 0 0 0 0 0 1 0 0 0 1 0 0.529 0.455 0.364 0.984
Jul 6 @STORM W 6-4 3 1 1 0 0 0 1 1 1 0 0 1 0 0.533 0.500 0.400 1.033
Jul 4 MAVERICKS W 8-5 2 1 1 0 0 0 3 0 0 0 1 0 0 0.545 0.571 0.429 1.116
Jul 3 RATS L 2-6 1 0 0 0 0 0 0 1 0 0 0 0 0 0.625 0.600 0.400 1.225
Jun 30 @SQUEEZE L 3-9 0 0 0 0 0 0 0 1 0 0 0 0 0 0.667 0.500 0.500 1.167
Jun 29 @LIGHTNING L 4-5 2 1 1 0 0 0 0 0 0 0 0 0 0 0.500 0.500 0.500 1.000
Aug 5 DeLand W 4-0 3 1 2 0 0 0 0 1 0 0 0 0 0 0.625 0.571 0.571 1.196
Aug 4 @DeLand L 2-3 4 0 2 0 0 0 0 0 0 0 0 0 0 0.500 0.500 0.500 1.000
Jul 27 @Sanford W 5-4 3 0 0 0 0 0 0 0 0 0 0 0 0 0.367 0.408 0.296 0.775
Jul 27 @Sanford L 3-7 3 1 1 0 0 1 1 0 1 0 0 0 0 0.382 0.426 0.309 0.808
Jul 7 @East L 2-5 4 0 0 0 0 0 0 0 1 0 0 0 0 0.000 0.000 0.000 0.000
Jul 4 DeLand W 9-4 4 1 2 0 0 0 0 0 0 0 0 0 0 0.384 0.385 0.308 0.769
Jul 1 Sanford W 12-3 4 1 0 0 0 0 1 1 0 0 0 1 0 0.377 0.377 0.295 0.754
Jun 29 Leesburg W 8-7 5 0 2 1 0 0 0 0 1 0 0 0 0 0.391 0.404 0.316 0.795
Jun 28 @Leesburg W 8-3 5 1 3 2 0 0 1 0 0 0 0 0 0 0.390 0.385 0.308 0.775
Jun 26 @DeLand W 2-1 3 0 1 0 0 0 0 0 0 0 0 0 0 0.320 0.250 0.227 0.570
Jun 22 @Winter Garden W 11-2 4 1 0 0 0 0 0 1 1 0 0 0 0 0.318 0.237 0.211 0.555
Jun 20 Winter Garden W 6-0 3 0 1 1 0 0 1 0 0 0 0 0 0 0.316 0.265 0.235 0.581
Jun 17 @Seminole W 14-1 4 1 1 0 0 0 1 1 1 0 0 0 0 0.314 0.226 0.226 0.540
Jun 11 @Sanford W 4-2 3 1 1 0 0 0 0 0 2 0 0 0 0 0.308 0.217 0.217 0.525
Jun 11 Sanford W 7-3 2 0 1 0 0 0 1 0 0 1 0 0 0 0.304 0.200 0.200 0.504
Jun 5 @DeLand L 0-3 4 0 0 0 0 0 0 0 0 0 0 0 0 0.250 0.167 0.167 0.417
Jun 4 @DeLand W 7-4 4 1 1 0 0 0 0 0 0 0 0 0 0 0.313 0.214 0.214 0.527
Jun 3 @Seminole W 4-0 3 0 0 0 0 0 1 1 0 0 0 0 0 0.333 0.200 0.200 0.533
Jun 2 Seminole W 6-4 3 2 1 0 0 0 1 0 0 1 0 1 0 0.375 0.286 0.286 0.661
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How to Network and Gain Visibility
Antje Maehlmann|Comment on This
Art has long been driven by networks—as much so in Renaissance Italy and 19th Century France as in today’s globalized art world. The visibility of a contemporary artist is often linked directly to his or her networks. When investigating the reasons why certain artists became famous during a certain period, quite often those who travelled widely, or took advantage of living in the right place at the right time, were most successful.
One of my art history professors used to say: “networking is our ethical duty,” implying that this was the most moral and constructive thing for us to do as future art historians and curators. If this is true for those specializing in art history, it must be equally true for artists.
So, what are the best ways to network? How do curators find and select art, and develop exhibitions with artists? I’ve elucidated my ideas for you below. I work in a German museum, so my ideas can be viewed in this context. They represent one of many possible perspectives.
Curators are going to be precise in the work they are looking for at art fairs, in galleries, and on social media. Their theoretical background and aesthetic sensibility will always impact curatorial decisions. I personally believe in artists who have a strong political and conceptual message, people who consider art as work, work as process, and process as a political and social responsibility. But that’s just me—this is why the bulk of my personal and professional network consists of people who share this background. Other curators I know might be interested in museology, the digital age, popular culture, or modernism.
When we work on projects, we focus on themes and positions that might be interesting in the context of exhibitions. So our own interests—for both curators and artists—determine our networks, and we should never think of those as closed worlds, but rather as open systems.
Who’s helping you?
When working with artists, I find it useful for them to have a strong message or idea to start with. The next step is to communicate your message and ideas and to find people who could help you to communicate them. Find out who is interested in themes you are working on, and if you can, go and see them. If you find like-minded people in an alternative art space, go exhibit with them. If you find you can reach many more people through social media, do that.
Where will you go from there?
Communication and visibility are key factors to achieving your goals in the art professions. I have one example from my life: a Syrian artist I know was forced to flee to Europe. When terrorists struck his city he posted a kissing selfie with his European wife on Facebook, demonstrating that love is stronger than terrorism, racism or political differences. This image generated a lot of media interest. He had a strong message, publicized it on the platform he had available, and this buzz helped him to eventually publish and market a superb graphic novel about the Syrian civil war. He continued to establish his visibility and utilize an art-interested public. The book is a great success and he has since exhibited his drawings internationally, been awarded a fellowship at a major German university, and a residency to work on his next graphic novel.
Generate dialogue
Both artists and curators have to be single-minded in certain ways, but as another tutor of mine (in London) used to say: “Get out more!” Go to openings and events, have a group, network, and communicate. Don’t work in isolation unless you absolutely have to, to finish some tricky sculpture or a postgraduate thesis. Be serious about your work, but think of it as a community effort or dialogue, unless you still ponder this 19th Century idea of the lone, poor, misunderstood artistic genius. This isn’t recommended; times have changed! We live in politically-challenging times, defined by crisis. As stewards of culture, generating social and political dialogue—and working with others who are doing the same—is indeed “our ethical duty.”
Antje Maehlmann
Antje obtained a BA in photographic arts at Westminster University in London and an MA in art history from Heinrich-Heine-Universität, Düsseldorf, where she also completed her doctoral studies about the “spiders” in the late work of Louise Bourgeois. Before joining Kunsthalle Emden she was a freelance curator and organized exhibitions in London, Düsseldorf and Krefeld. She also hosted lectures and worked in art education at Von der Heydt Museum in Wuppertal and Museum Folkwang in Essen, among others. She has been assistant curator at Kunsthalle Emden since August 2015.
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Medals and Tokens
Museums & Exhibits
News This Month
Smithsonian Museum Honors Madeleine Albright and Colin Powell
National Museum of American History Inaugural “Great Americans” Award
By Smithsonian Museum …..
The Smithsonian’s National Museum of American History is presenting its inaugural “Great Americans” award to two former Secretaries of State, Madeleine K. Albright and Colin Powell, during individual ceremonies September 7 and December 7. The “Great Americans” program, supported by David M. Rubenstein, a member of the Smithsonian’s Board of Regents, includes a conversation with the recipient and the presentation of a newly minted museum medal that recognizes lifetime contributions that embody American ideals and ideas.
The “Great Americans” award will be presented annually to up to four recipients and includes an interview with the awardee moderated by Rubenstein and the opportunity for the museum to add objects to the national collections. More information is at https://americanhistory.si.edu/great-americans.
“The ‘Great Americans’ award and conversations with history makers allows us to inspire the next generation to embrace the fundamental ideals and ideas that have distinguished this nation since its founding,” said Director John Gray. “Democracy, freedom, justice, opportunity and equality are among the enduring American values and ideals embodied by our first two honorees.”
Albright, who will accept her medal September 7, was born in 1937 in Czechoslovakia and immigrated to the U.S. in 1948. She became a U.S. citizen while a college student. In 1997, Albright was confirmed as the first female Secretary of State and became, at that time, the highest ranking woman in the history of U.S. government. Previously, she served as the U.S. Permanent Representative to the United Nations and a member of President Bill Clinton’s cabinet from 1993 to 1997. In 2012, she made a donation to the museum that included the Louis Féraud red wool dress and jacket and Ferragamo red leather pumps she wore on December 5, 1996, when her nomination to be the 64th, and first female, U.S. Secretary of State was announced. Additional objects in the collection are the green leather briefcase Albright used as U.S. Ambassador to the United Nations and Secretary of State as well as several of her signature brooches and pins. As part of the program, Rubenstein will host a discussion on the stage with Albright.
Powell, the son of Jamaican immigrants, was born in New York City in 1937. He will receive his medal on December 7. In 2001, Powell was sworn in as the 65th Secretary of State under President George W. Bush, the first African-American appointed to the position. His military service included two tours of duty in Vietnam, service as Chairman of the Joint Chiefs of Staff and in 1991, Powell was the commander of forces during Operation Desert Storm. He retired as a four-star general from the U.S. Army in 1993. Powell is also an object donor to the museum, his uniform worn during Operation Desert Storm is on view in the museum’s “Price of Freedom: Americans at War” exhibition.
The presentation medal, cast in 1.85 oz. of fine gold in Wisconsin, features an American eagle with rays of the sun on the obverse or “head’s side” with the words, “Great Americans” and “National Museum of American History” struck around the image. The reverse side honors one of the museum’s most important treasures, the Star-Spangled Banner, and includes the mission of the Smithsonian: “For the increase and diffusion of knowledge.” The medal measures approximately 1 1/2 inches in diameter.
Inspiration for the design came from the museum’s National Numismatic Collection, which holds two rare Double Eagle coins designed by famed sculptor Augustus Saint-Gaudens, enlisted by President Theodore Roosevelt in 1905 to design the $20 dollar gold piece. The medal was made possible by museum board member Jeff Garrett and designed by Michael Guilfoyle, an international designer of coins and medals.
Through incomparable collections, rigorous research and dynamic public outreach, the National Museum of American History explores the infinite richness and complexity of American history. It helps people understand the past in order to make sense of the present and shape a more humane future. The museum is continuing to renovate its west exhibition wing, developing galleries on democracy and culture. The museum is located at 14th Street and Constitution Avenue N.W., and is open daily from 10 a.m. to 5:30 p.m. (closed Dec. 25). Admission is free. For more information, visit http://americanhistory.si.edu. For Smithsonian information, the public may call (202) 633-1000.
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Kansas State’s Dean Wade out indefinitely with foot injury
By Rob DausterDec 16, 2018, 10:17 PM EST
Peter Aiken/Getty Images
Kansas State senior and preseason all-american Dean Wade is out indefinitely due to the injury that he suffered in Saturday’s win over Georgia State.
Wade went down in the second half grabbing his right foot. He later was seen walking on crutches. Wade missed the majority of last year’s run to the Elite Eight due to a stress fracture in his left foot.
“Obviously I’m disappointed for Dean and his family,” coach Bruce Weber said in a statement that was released by the school on Sunday evening. “He has worked hard to get back from his injury from last season to have a great start to his senior year. I know that he will work equally hard to rehab and come back strong.”
No specifics on the kind of injury or the timetable for Wade’s return were given. Through nine games, Wade was averaging 13.6 points, 7.8 rebound and 3.2 assists this season. Kansas State entered this week ranked No. 25 in the AP Poll. They are 7-2 on the season.
When he was out last year, Weber opted to play a lineup with four guards, starting Barry Brown, Kamau Stokes, Cartier Diarra and Xavier Sneed alongside Makol Mawien.
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Russia Approves New Coronavirus Drug
Editor's Pick June 1, 2020 May 31, 2020 Christina Kitova Asia, Asia Freelancing Global Gig, Editor's Pick, Global World, Healthcare, Japan, Japan Freelancing Global Gigs, News Article, Russia, Russia Freelancing Global Gigs, Russian Freelance Gigs
Russia has the 3rd highest number of infected around the world.
The drug is approved only for hospital use.
The manufacturer of the drug is a Japanese company.
Coronavirus continues to be a global pandemic. Currently, there are over 6.2 million cases and over 370,000 deaths around the world. At this time, according to the released data by the Russian government over 400,000 people are infected with COVID-19. Russia approved a new drug to treat coronavirus.
The interim data from the Avifavir clinical trial confirm the high effectiveness of the drug for the treatment of COVID-19. The final stage of the Avifavir clinical trial, approved by the Russian Ministry of Health on May 21, is currently underway, with the participation of 330 patients. The drug is expected to be distributed to majority of Russian hospitals within a month.
The drug can cause deformity in a child if a woman takes it during pregnancy, the study said.
The drug has demonstrated high effectiveness based on the results of tests conducted by a number of leading medical and scientific centers, including the first Moscow State Medical University (named after I. M. Sechenov), Lomonosov Moscow state University and a myriad of others.
First Moscow State Medical University is the oldest medical school in Russia, located in Moscow. The university was founded in 1758 as medical faculty of Imperial Moscow University as the first medical school in Russia.
The drug will only be available for hospital use. All these class of drugs are very serious. All interferon modification drugs that stimulate the immune system are never distributed for non prescription sales. This class of drugs treats severe pathologies of people. Interferons are proteins produced by tumor cells or host cells that are infected with viruses, bacteria and other unknown nucleic acids. Interferons also activate other cells that serve as part of the immune system and destroy invading pathogens.
This is “the first direct antiviral drug registered in the Russian Federation that violates the mechanisms of reproduction of the coronavirus” and it has shown “high effectiveness in the treatment of patients with coronavirus in clinical trials.” Avifavir has been well studied because it has been used in Japan since 2014 against severe forms of influenza.
The drug was developed by the Japanese company Toyama Chemical under the name “Favipiravir.”
Toyama Chemical Co. Ltd. manufactures and distributes pharmaceutical products. The Company produces antibiotics, digestive agents, analgesic agents, and other products. Toyama Chemical also produces industrial chemicals, health foods, and other products.
It has the commercial name “Avigan.” According to the Journal Pharmacology & Therapeutics, it works well against new flu strains and is not very effective against common seasonal viruses.
“Favipiravir” is embedded in the ribonucleic acid of the virus, preventing it from multiplying. Doctors have discovered that it works against various RNA viruses, including the Ebola virus, which caused a severe outbreak of fever in Central Africa several years ago. The drug can cause deformity in a child if a woman takes it during pregnancy, the study said.
Overall, it is exciting news in the fight to stop the coronavirus pandemic.
biology Communal News coronavirus Japan microbiology News Russia World
Christina Kitova
I spent most of my professional life in finance, insurance risk management litigation.
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