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Alexander the Great Biography
Alexander the Great was an ancient Macedonian ruler with a brilliant military mind, the greatest power ever seen as the king of Macedonia and Persia. In turns, Alexander inspired charismatic and ruthlessness, brilliance, and a hungry power, diplomacy, and bloodthirsty loyalty in his men that they would follow him everywhere and die if needed. Although Alexander the Great died before realizing his dream of uniting a new realm, his influence on Greek and Asian culture was so deep that it inspired the Hellenistic Period in a new historical era.
Where Was Alexander the Great Born?
Alexander the Great (born 356 BCE, Pella, Macedonia [northwest of Thessaloniki, Greece]), also known as Alexander III or Alexander of Macedonia,
Alexander the Prince
Alexander was born in Pella, which was Macedonia’s administrative capital, around 20 July 356 B.C. His father was often away, conquering neighboring lands and destroying revolts. Also, Macedon’s King Philip II was one of the most prominent role models of Alexander.
Philip ensured that Alexander received a significant and notable education. He arranged for Aristotle himself to teach Alexander. His education filled him with a love of science, logic, philosophy, music, and culture. Aristotle ‘s teachings [would later assist] in handling his new subjects in the nations that he invaded and conquered, enabling him to respect and preserve such disparate cultures.
Nearly every year Alexander watched his father’s campaign and won victory after a win. Philip turned the Macedonian army into a professional organization from citizen-warriors. In battle, Philip suffered serious injuries such as the loss of an eye, a broken shoulder, and a crippled leg. Yet he was also going to keep fighting, something that Alexander would do as commander.
Philip had decided to leave his 16-year-old son in charge of Macedonia while he was out on the campaign. Alexander took advantage of the opportunity by defeating the people of Thrace called Maedi and founding “Alexandroupolis,” a city he named after himself.
In addition, ancient records indicate that the two were later strangled in Alexander’s teenage years, and at one point his mother was exiled to Epirus. Alexander may have resented his father’s many marriages and the children born out of them, seeing them as a threat to his own position.
Philip had contemplated invading Persia at the time of his death. The dream was conveyed to Alexander, partly through his mother Olympias. She fostered a burning dynastic ambition in him and told him that invading Persia was his destiny.
After the death of his father, Alexander quickly moved toward consolidating power. He received the Macedonian army’s support and intimidated the Greek city saying that Philip had prevailed in accepting his rule. Alexander marched against Thebes, a city in Greece that had risen up in revolt, capturing it in 335 B.C. after campaigns in the Balkans and Thrace, and having it destroyed.
He was ready to begin a war against the Persian Empire with Greece and the Balkans pacified, a war his father had organized but he would be the one to lead, as fate would have it.
Life of Alexander the Great
Born at Pella in Macedonia in 356 BCE, he was the son of Philip II and Olympias (daughter of King Neoptolemus of Epirus). He was taught by Aristotle from the age of 13 to 16, who inspired him with an interest in philosophy, medicine, and scientific research, but later he was to go beyond the narrow precept of his teacher that non-Greeks should be treated as slaves. Left in charge of Macedonia in 340 Alexander defeated the Maedi, a Thracian people, during Philip ‘s attack on Byzantium.
Two years later, in the Battle of Chaeronea, in which Philip defeated the allied Greek states, he commanded the left-wing and showed personal courage in breaking the Sacred Band of Thebes, an elite military corps of 150 lovers.
A year later, Philip divorced Olympias, and after a festive quarrel to celebrate the new marriage of his wife, Alexander and his mother fled to Epirus, and later, Alexander went to Illyria. Shortly thereafter, father and son were reconciled, and Alexander came back, but his place as heir was put in jeopardy. However, in 336 Alexander, acclaimed by the army on the assassination of Philip, succeeded without opposition. He executed the princes of Lyncestis at once, supposedly behind the murder of Philip, along with all potential rivals and the whole faction against him. He then marched south, recovered a wavering Thessaly, and was named generalissimo for the forthcoming invasion of Asia, already prepared and initiated by Philip at an assembly of the Greek League of Corinth. Returning to Macedonia via Delphi (where the Pythian priestess acclaimed him “invincible”), he advanced to Thrace in spring 335 and crossed the Danube to disperse the Getae after forcing the Shipka Pass and crushing the Triballi; turning west, he defeated and shattered a coalition of Illyrians who had invaded Macedonia. Meanwhile, a rumor of his death had precipitated a Theban Democratic revolt; other Greek states supported Thebes, and Demosthenes encouraged the Athenians to vote for help.
Alexander marched 240 miles from Pelion (near modern Korçë, Albania) to Thebes in 14 days, in Illyria. He made an entry when the Thebans refused to surrender and razed their city to the ground, saving only temples and the house of Pindar; 6,000 were killed and all survivors sold into slavery. The severity cowed the other Greek states and Alexander could afford to treat Athens with leniency. There were Macedonian garrisons remaining in Corinth, Chalcis, and the Cadmea (Thebes Citadel).
Alexander Enters Egypt
Alexander departed for Egypt after refusing another peace bid from Darius. At Gaza, however, he was sidelined and forced to suffer another lengthy siege. He took the town after several weeks and entered Egypt where he founded the town which still bears his name: Alexandria.
Alexander went to the desert to find the oracle of Ammon, the god of good advice. Legends abounded on what had happened in the oracle, but Alexander held mom’s experience. Also, the visit furthered the belief that Alexander was a deity.
Alexander Becomes King of Persia
After conquering Egypt, Alexander met Darius and his huge forces in Gaugamela in October 331 B.C. After fierce fighting and heavy casualties on both sides, Darius fled and was assassinated by his own forces. It was said that Alexander was sad when he found Darius’ body and gave him a royal burial.
Eventually rid of Darius, Alexander proclaimed himself King of Persia. But another Persian leader, Bessus (also thought to be the assassin of Darius), also claimed the throne of Persia. Alexander should not have allowed the claim to stand.
After Alexander’s relentless pursuit, Bessus’ troops handed Bessus over to Ptolemy, Alexander’s good friend, and he was mutilated and executed. Alexander had complete control of Persia with Bessus out of the way.
Proskynesis
Alexander took on other Persian customs to gain popularity with the Persians. He started dressing like a Persian and followed the practice of proskynesis, a tradition of the Persian court that involved bowing down and kissing the hands of others, depending on their rank.
The Macedonians were less than thrilled by Alexander ‘s reforms and his desire to be recognized as a god. They declined to practice proskynesis, and some were plotting his death.
Increasingly paranoid, after Parmerio ‘s son Philotas was accused of plotting an assassination attempt against Alexander (and thus killed), Alexander ordered the assassination of one of his most esteemed generals, Parmerio, in 330 B.C.
Murder of Cleitus
Cleitus, another of Alexander ‘s general and loyal friends, also met a violent end in 328 B.C. Fed up with the current Persian-like persona of Alexander, a drunk Cleitus was constantly insulting Alexander and dismissing his victories.
Pushed too far, Alexander killed Cleitus with a spear, a sudden act of violence that caused him to feel depressed. Many historians believe that Alexander killed his general in a drunkenness fit — a persistent issue that troubled him for most of his life.
Alexander struggled to conquer Sogdia, which remained loyal to Bessus, a region of the Persian Empire. The Sogdians found refuge at the top of a rock and refused to surrender to Alexander ‘s demand.
Alexander sent a few of his men to scale the rock and take the Sogdians by surprise, not one to take “no” for an answer. One of those on rock reportedly was a girl named Roxane.
Alexander has fallen in love with Roxane on sight as the story goes. Despite her Sogdian heritage, he married her and she joined him on his journey.
Invasion of India
In early summer 327, Alexander was leaving Bactria under a reorganized command with a reinforced army. However, if Plutarch ‘s figure of 120,000 men has any truth, it must include all kinds of auxiliary services, along with muleteers, camel drivers, medical corps, peddlers, entertainers, women, and children; maybe the fighting strength was about 35,000.
Alexander split his forces across the Hindu Kush, possibly via Bamiyan and the Ghorband Valley. Half the army was sent through the Khyber Pass with the baggage under Hephaestion and Perdiccas, both cavalry commanders, while he led the rest, along with his siege train, through the hills to the north.
His advance across Swāt and Gandhāra was marked by the storming of the nearly impregnable pinnacle of Aornos, the modern Pir-Sar, a few miles west of the Indus and north of the Buner River, an incredible siege-craft feat. Alexander invaded Taxila in Spring 326, crossing the Indus near Attock, whose king, Taxiles, furnished elephants and troops in return for aid against his rival Porus, who controlled the lands between the Hydaspes (modern Jhelum) and the Acesines (modern Chenāb).
On the left bank of the Hydaspes Alexander fought his last great battle in June. There he founded two cities, Alexandria Nicaea (to celebrate his victory) and Bucephala (named after the death of his horse Bucephalus); and Porus became his ally.
How much Alexander knew about India beyond the Hyphasis (probably the modern Beas) is uncertain; there is no definitive proof he had learned of the Ganges. Yet he was eager to move on further, and when his troops mutinied, he had advanced to the Hyphasis, refusing to go further in the tropical rain; they were tired in body and mind, and Coenus, one of the four chief marshals of Alexander, served as their spokesman. Alexander decided to turn around on hearing the Army adamant.
He erected 12 altars to the 12 Olympian gods on the Hyphasis and constructed a fleet of 800 to 1,000 ships on the Hydaspes. He left Porus and then continued down the river into the Indus, with half of his troops on the shipboard and half marching down the two banks in three columns. Nearchus led the fleet, and Onesicritus was Alexander’s own captain; the two later wrote campaign accounts. The march was attended with a lot of fighting and heavy, pitiless slaughter; Alexander received a severe wound at the storming of one Malli town near the River Hydraotes (Ravi) which left him weakened.
After entering Patala, situated at the head of the Indus River, he built a port and docks and explored both Indus arms, which presumably ran into Kachchh’s Rann afterward. He intended to lead part of his forces back by land, while the rest made a voyage of exploration along the Persian Gulf in perhaps 100 to 150 ships under the command of Nearchus, a Cretan with naval experience.
Local opposition led Nearchus to set sail in September (325), and he was detained for three weeks until late October he was able to pick up the northeast monsoon. Alexander also set off along the coast in September through Gedrosia (modern Baluchistan), but he was soon forced by the mountainous country to turn inland, thus failing to set up food depots for the fleet in his project.
Craterus, a high-ranking officer, had already been sent off to the Helmand Valley with his baggage and siege train, the elephants and the sick and wounded, along with three phalanx battalions, through the Mulla Pass, Quetta, and Kandahar; from there he was to march via Drangiana to join the main army on the Amanis (modern Minab) River in Carmania.
The march of Alexander through Gedrosia proved disastrous; the waterless desert and food and fuel shortages caused great suffering, and many, especially women and children, died in a sudden monsoon season flood while camping in a wadi. Lastly, Nearchus and the fleet followed him at the Amanis, which had also suffered losses.
Alexandar the Great Era
As a general Alexander is considered to be among the best in the world. He showed unusual versatility in combining different arms and tailoring his tactics to the challenge of enemies who commanded novel forms of warfare — the Shaka nomads, the Indian hill tribes, or the Porus with his elephants.
His strategy was skillful and imaginative, and he knew how to take advantage of the opportunities that emerge in any battle and can be decisive for victory or defeat; he also took the last advantage from victory by an unceasing pursuit. His cavalry usage was so effective he rarely had to fall back on his infantry to deliver the crushing blow.
Alexander ‘s brief reign marks a critical moment in Europe’s and Asian history. His exploration and his own personal interest in scientific science brought many developments in geographical knowledge and natural history.
His career led to the transition of the great centers of civilization eastward, initiating the new age of Greek territorial monarchies; spreading Hellenism throughout the Middle East in a vast colonizing wave, and creating, if not politically at least economically and culturally, a single world that stretches from Gibraltar to Punjab, open to trade and social intercourse and with a considerable ovum.
It is not untrue to say that the Roman Empire, the spreading of Christianity as a religion of the world, and the long years of Byzantium were all to some degree the results of the achievement of Alexander.
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Ben McKenzie
Actor, comedian, writer, game designer, ginger.
Tabletop RPG Resources
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Man in the Lab Coat?
The Science of “Slut”
If you’re a fellow feminist then you’ve surely heard of Slutwalk, an organized march first held in Toronto after a local policeman told local university students not to dress like a slut to avoid being sexually assaulted. This view is hardly new, but the reaction to it was: women – and men – taking to the streets under the banner of the word that defines all that’s wrong with society’s attitude to female sexuality. The idea has since spread across the world, and came to Australia in force this month, with marches scheduled in most capital cities.
I’ve been thinking about it constantly since I heard about it, and like many people have had initial enthusiasm tempered by deeper consideration of the issues involved – something acknowledged by Slutwalk’s Canadian founders. We live in the 21st century and instant, wide-reaching communications makes organising an event like this a much simpler affair than it would have been even a decade ago; recruiting people to march for a cause can be easy, especially when you tap into genuine anger about an injustice. I support Slutwalk’s essential messages: women dressing provocatively do not share any blame for being raped, and no woman deserved to be shamed for expressing her sexuality. But there’s a lot more to unpack, and as the days have stretched between announcement and event – it’s on in Melbourne this weekend, May 28 – I’ve been reading a lot of critical discussions of it. Here I try to unpack my thoughts, and I welcome yours in return.
One quick note: some people have tried to distance Slutwalk from feminism. I’ve no idea why, aside from the stigma still attached to the word. But why specifically distance yourself? Push the message, and when people ask “is this feminism?”, give the honest answer: it’s a feminism. The issues at stake are certainly feminist ones.
“Slut” has a whole bunch of meanings, but all of them are negative. Had sex with lots of men? You’re a slut. Had sex with one man, but not another? You’re a slut. Dress sexily, but don’t want to have sex at all? You’re a slut. More than that, though, it’s used as a general pejorative term for any woman – and most women, regardless of their dress or behaviour, have been called a slut some time – as evidenced by the collection of stories quickly amassed by Clementine Ford for an article she wrote about the Slutwalk. But some participants say they want to “reclaim” the word slut, for themselves – and will dress “like sluts” to do so.
So what are the self-proclaimed “sluts” trying to reclaim? Is this another instance of “raunch culture” replacing truly progressive attitudes of female sexuality? I don’t think so, but then of what use is the word “slut” in a world where female sexuality is not separated or dictated by our culture? If there is no pressure from media imagery to be a cliched, porn-derived version of sexy, no accompanying shame and disapproval of women who dare to enjoy sex, no constant comparison of the sexuality of men and women, then who needs the word slut? The whole point is that we shouldn’t judge anyone – I’m being inclusive here, but of course it’s nearly always women who are so judged – by the number of sexual partners they have or haven’t had, by how often they do or don’t have sex, by how they dress. Those so-called “moral” standards are imposed by “traditional values”, often religious in origin, about what constitutes “correct” behaviour. But they’re prescriptive, and usually based on a very outdated understanding of human sexuality. Maybe not having sex before marriage works for some people, but to apply that kind of standard to everyone, no matter their background, desires or situation, is absurd.
All the Slutwalk pictures you’re likely to see in the media will be of those who choose to wear revealing or traditionally sexual outfits, though I should mention that for Melbourne’s Slutwalk there’s no dress code; indeed, it’s a pretty bitter Winter here, so most people will probably be rugged up. There’s something to be said for bringing media attention to bear on an issue, even if it means using provocative language; Reclaim the Night, a similar annual event started ine 1970s, receives very little media attention these days. That might be as much to do with our 24 hour news cycle preferring new news to old news as it is with a “sexy” image, but there’s no denying it’s worked; Melanie Klein examines the strategy behind the name, and addresses criticism of Slutwalk – including her own – in her excellent piece in Ms. Magazine. She quotes several of the other articles I mention here, but importantly Jennifer L Pozner, from Women in Media and News, who considers Slutwalk an “effective media tool” and a “well-messaged media stunt”.
All Slutwalkers want to see an end to victim blaming, and to slut shaming, the practice attacking women for displaying their sexuality. And this has had a huge response – at least, say its detractors, among young privileged white people. (See Ernesto Aguilar at People of Colour Organise!) Participants want to defend their right to wear what they like without being made to feel ashamed, and to “be a slut” if they want, but they have incredible freedom already – including the privileged freedom to assume these values and ideas will be applicable to other cultures as well. Feminism must be inclusive – but I think that means we have to fight slut-shaming in first world Western society, and also female circumcision in Africa, sex trafficking in Asia, and all the injustices against women everywhere. Of course white women in Toronto will march for their own freedoms; I hope that doesn’t mean they don’t value or consider the freedoms of others. Hopefully, even though a movement starts with privilege, there’s no reason it can’t spread and grow to encompass diverse backgrounds and situations – or that it will suit every culture and society. Slutwalk clearly isn’t for everyone, and indeed not everyone marching for it feels the same about it, but hopefully we can agree on a unified message.
Another criticism is about the attitude to which Slutwalk is responding. There’s no denying that victim-blaming and slut-shaming are destructive behaviours; it’s a positive move to speak out publically against them. But it’s not just victim-blaming of which the Toronto policeman was guilty; he was also perpetuating a myth about sexual assault. If you really believe that “dressing like a slut” makes you a target for rape, then presumably you believe that rape is something that happens to women walking alone at night through dark alleys. That does, sadly, happen, but more than half the (reported) sexual assaults in Australia are perpetuated by people who know the victim: co-workers, family members, boyfriends and spouses. Kimberley Ramplin has a good coverage of the stats on her blog The Referral in part one of her critique of Slutwalk, “Not In My Name“. (Trigger warning: in part two she discusses her own experience of being raped by a family member.)
Ramplin contends that Slutwalk is complicit in perpetuating this stereotype, though my experience has been the opposite – it’s part of the refutation that slut-shaming has any basis in safety to say that the scenario imagined by shamers is a minority of rape cases. Hopefully some of the placards will reflect this, as well as the fact that a disproportionate number of sexual assault victims are very young – in more than 40% of reported assaults the victim was under 14. The proportion of sexual assault victims who are male – between 9 and 16%, depending on study and year – is small by comparison, but also evidence that slut-shaming and victim blaming – activities only ever directed at women – are not the solution to ending sexual violence.
There’s more, of course – much, much more. But I already feel nervous enough putting all these thoughts out there. I’m a feminist, sure, but I’m also a man, and while of course men can be – must be – feminists, it’s an area which more than any other makes me question the value of my voice – which is, after all, yet another one that’s middle class, white, young and male. If it matters to you, I’m primarily influenced in theory by bell hooks, though I need to read much more widely; in practice I’m primarily influenced by the women in whose lives I’m fortunate enough to share.
Anyway, whether you’re marching in Slutwalk, violently opposed to it, or struggling to analyze what it means, I hope my thoughts have helped you with yours. I hope the discussion – about the word, about victim-blaming and slut shaming, about feminism and privilege and raunch culture and differences in feminist attitudes – continues long after the placards have been recycled into firelighters. And I hope you’ll share with me what you think.
SlutWalk
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Put your PhD to WORK!
Peter S. Fiske, PhD
What's a PhD worth, and where can it take you? Newly minted PhDs can find this question puzzling and sometimes frustrating as they consider the familiar academic employment pathways ahead of them versus a larger, but poorly illuminated, set of pathways to destinations unknown. In this keynote address, Dr. Peter S. Fiske discusses his first-hand struggle to identify a career path after grad school and find job opportunities that played to his strengths and interests. Along the way, he discovered that the PhD can be an extremely high-value degree - if you learn how to recognize the transferable skills you developed in grad school and how to present them to prospective employers.
About Our Keynote Speaker
Dr. Peter S. Fiske is the Director of the Water-Energy Resilience Research Institute (WERRI) at Lawrence Berkeley National Laboratory. WERRI's goal is to orient and align the water-related research programs at LBNL to address critical gaps in the reliability, efficiency, and sustainability of water-energy systems in California and the nation. He is also a frequent writer and lecturer on the subject of career strategy, entrepreneurship, and leadership for scientists and engineers. He has been a keynote speaker or guest lecturer at some of the leading research universities in the United States including MIT, Harvard, Stanford, Northwestern, Princeton, and the University of California at Berkeley (where he teaches at the Haas School of Business). He is a founding faculty member of the Department of Energy's I-Corps Program. He is the author of Put Your Science to WORK!, numerous articles for the American Association for the Advancement of Science's career website ScienceCareers.org, and presently writes an occasional column in the journal Nature.
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Blue Ventures selected as a Geotourism Finalist
Home / Latest News / Blue Ventures selected as a Geotourism Finalist
A prestigious panel of judges selected the 14 finalists from 332 entries, from 83 countries. The “Geotourism Challenge: Celebrating Places/Changing Lives” competition is a collaboration of National Geographic’s Center for Sustainable Destinations and Ashoka’s Changemakers.
Blue Ventures’ entry — “Using tourism as a conservation tool to protect people and nature” — was selected for an ‘outstanding demonstration of innovation, social impact, and sustainability’.
The online contest was created to discover and support entrepreneurs with innovative approaches to geotourism, defined as tourism that sustains or enhances the geographical character of a place — its environment, culture, aesthetics, heritage and the well-being of its residents.
The four judges who reviewed submissions and selected the finalists were Keith Bellows, vice president of the National Geographic Society and editor-in-chief of National Geographic Traveler magazine; Susan Berresford, past president of the Ford Foundation; Leonard Cordiner, CEO of WHL Travel; and Nachiket Mor, president of the ICICI Foundation for Inclusive Growth.
“I was stunned at the quality of the applications,” said Bellows. “They showcased great innovation that can be exported to other countries, terrific successes against long odds and a far-reaching global distribution of projects. Not only did the entries make fascinating reading, but I was inspired by the vision, imagination, passion and entrepreneurship of the people who are making a difference in the lives of locals and travelers.”
The global online community can vote for the three winners, until Wednesday, June 11, at www.changemakers.net. The winners will be announced on Tuesday, June 17, and each will receive a cash prize of US $5,000.
“The Geotourism Challenge received entries from the most countries for any collaborative competition we’ve held so far,” said Charlie Brown, executive director of Changemakers. “This shows that the Changemakers global online community is influential in surfacing innovators who are helping destinations benefit from tourism while protecting the assets that make their places special.”
National Geographic’s Center for Sustainable Destinations is dedicated to protecting the world’s distinctive places through wisely managed geotourism and enlightened destination stewardship.
Ashoka’s Changemakers is building an “open source” online community that competes to surface the best social solutions to the world’s most pressing issues. To date, Changemakers has attracted more than 3,500 solutions from more than 145 countries.
Blue Ventures is an award-winning marine conservation organisation dedicated to conservation, education and sustainable development in tropical coastal communities.
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The Complete Guide to Spotting Accounting Fraud & Cover-ups
Quotes20
Readers16
According to the Association of Certified Fraud Examiners, accounting fraud cost more than $994 billion in recent years, and the average organization lost 7 percent of its total revenue to fraud. So how can you prevent this from happening? The Complete Guide to Spotting Accounting Fraud & Cover-Ups details how to spot minor abnormalities or forgeries in paperwork, as well as what to immediately suspect and methods for uncovering scams.
You will learn the signs to look for, including excessive turnover of lawyers and auditors, changing professionals in the middle of a transaction, inconsistent information, and significant declines in stock prices. You will learn how to recognize earnings manipulation, premature and fictitious revenue, overvalued assets and undervalued liabilities, and more.
This manual will be an indispensable aid for serious investors, industry pros, acquisition and merger managers, and small business owners alike. After reading The Complete Guide to Spotting Accounting Fraud & Cover-Ups, you will no longer have to worry about accounting fraud and can focus on increasing your profits.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company president’s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
This Atlantic Publishing eBook was professionally written, edited, fact checked, proofed and designed. The print version of this book is 336 pages and you receive exactly the same content. Over the years our books have won dozens of book awards for content, cover design and interior design including the prestigious Benjamin Franklin award for excellence in publishing. We are proud of the high quality of our books and hope you will enjoy this eBook version.
Atlantic Publishing Group, Atlantic Publishing Group Inc.
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"Judy"
(Weaver)
Obituary for Judith A "Judy" Kelley (Weaver)
Judith Anne (Weaver) Kelley of Natick, passed away peacefully on November 5, 2020, in the comfort of her home, at the age of 73. She was a caring and devoted wife, mother, Mimi, daughter, sister, aunt and friend. Judy was born in East St. Louis, Illinois, to the late Leroy and Rita Weaver. She was predeceased by her loving husband Martin Kelley and was the amazing mother of Timothy Kelley and his wife, Paula, of Natick, Kerri Kearns and her husband, Paul, of Quincy, Jamie Kelley-Burke and her husband, Michael, of Natick. Judy loved her grandchildren more than anything. She treasured her time with each of them, whether it was cheering them on from the sidelines, sitting in the audience at a play, driving them to work, taking them to lunch, or just sitting in her living room and chatting. She was the best Mimi in the world. She will be missed tremendously by Delia and Georgia Kelley, Connor and Caitlyn Burke, Liam and Brynn Kelley and Brendan and Gavin Kearns. She also leaves behind her sister and best friend, Susan Fitzsimmons of Northborough, brother, Richard Weaver of Wellesley and Key West, Florida, her nieces, nephews, and many cherished and beloved friends.
Judy was a graduate of Wellesley High School and Pondville Hospital School of Nursing. She worked at Newton-Wellesley Hospital for many years. After having children, Judy chose jobs that had “mother’s hours” so she could be home with her children after school. In 1999, Judy found an ad in the paper for a family looking for a nanny. She took the job and almost instantly, Roger, Jennifer, Sarah, Abby and Andrew became part of the Kelley family. It wasn’t until 2018, after the twins graduated from high school and were heading off to college, that Judy “retired” from what she called, “the best job in the world.”
Judy was known for her big smile and generous heart. Her light was always on and her door was always open. She would welcome anyone with a hug and a seat at the table. She was a second mom to many and was the mom that everyone went to for advice and a home cooked meal. She loved having a house full of people, the more the merrier.
After Marty passed, Judy’s friends and sister came together and provided a wonderful comfort and support system. She had a better social life than people half her age. Judy loved her dinner outings. It didn’t matter if it was “prime rib night or a “2 for one special,” Judy always accepted an offer and would order one sangria with “lots of fruit!” She always had a friend to yard sale with, shop with, take a ride with and most importantly, laugh with. Judy loved her friends and knew how blessed she was to be surrounded by such caring and kind people.
In 2016, Judy was diagnosed with stage 4 lung cancer and was given 12-18 months to live. During that visit, immediately after receiving that news, Judy shed a few tears and then asked her oncologist what was the longest period anyone with this diagnosis had lived? He answered 10 years but that was extremely uncommon. Without skipping a beat, Judy said, “I’m going to do that.” Over the past 4 years, Judy’s cancer has spread and she underwent difficult treatments and surgeries. But there was never a moment when Judy ever thought about giving up. Her positive attitude and amazing strength kept her going. Judy smiled everyday. She never complained and often said, “It could be worse.” Even in these last two months when Judy’s health declined quickly, she would stop everyday and say, “Life is good!” When you asked her how she was doing or if she needed anything, her response was always the same, “I’m perfect!” And she was. Judy was an inspiration and a gift to everyone and will be missed by all who had the pleasure of spending time with her.
Judy’s family would like to say a special thank you to Dr. Lathan and his team at Dana- Farber Hospital, West River Hospice, and our angels on earth that gave special care and friendship to Judy during these past 2 months; Sheila, Susan and especially, Bridget, “the favorite.”
A private funeral mass will be held at St. Linus Church on Tuesday, November 10th. Relatives and friends are respectfully invited to attend the burial at Glenwood Cemetery (25 Glenwood Street, Natick) at 11:00am. There will not be any visiting hours.
In lieu of flowers, donations in memory of Judy may be made to Dana-Farber Cancer Institute, P.O. Box 849168, Boston, MA or to Wounded Warrior Project, P.O. Box 758517, Topeka, KS 66675.
This obituary is protected by copyright by Henry J. Burke & Sons Funeral Home. Proudly Serving the Community of Wellesley Hills. Henry J. Burke & Sons Funeral Home is located in the state of Massachusetts, United States.
Henry J. Burke & Sons Funeral Home
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Genetic diversity on the decline…
by Alexander Rose - Twitter: @zander on August 8th, 02007
By studying mitochondrial DNA from samples over 1000 years old to the present, scientists have good evidence that human genetic diversity is on the decline. You can see the article from the Royal Society here (a great source of many forms of long term science in general).
“In a study covering five different periods of history, from 300 AD to the present day, and geographically spread across much of Europe, scientists have extracted the mitochondrial DNA from a sizable number of individuals in an effort to examine changes in diversity. The results, published in the Royal Society journal is intriguing to say the least. 1700 years ago, three out of every four individuals belonged to a different haplotype. In modern Europe, the number is only one in three. The researchers blame a combination of plague, selection of dominant lineages and culturally-inflicted distortions. The researchers say more work needs to be done, but are unclear if this involves archaeology or experiments involving skewing the data in the local female population.” -from Slashdot
The Other 10,000 Year Project: Long-Term Thinking and Nuclear Waste
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Wrestlemania 24 Thoughts
I wasn’t originally sure whether or not to buy Wrestlemania 24. It had a great looking card and several matches I wanted to see, but it’s pricey for a poor, starving artist and I could only watch it online anyway, through their live webcast.
After much debating, I broke down at the last minute and decided to watch it, and was not disappointed at all. Wrestlemania 24 was a great show that was definitely worth the money (and worked well for me watching it through the webcast). The main matches I was looking forward to (Edge vs. Taker, MITB, HBK vs. Flair) all delivered, and all the other matches were either good or at least kept pretty short. Here are my thoughts on each individual match:
JBL defeated Finlay in a Belfast Brawl
The first match of the night was about as good as could be expected, which was pretty good, if not particularly memorable. There were a lot of stiff shots and a lot of weapons used, so it didn’t disappoint on that front, but in terms of ALL the story behind it, going back to McMahon’s illegitimate son, it didn’t really feel like a big payoff.
It’s hard to believe (for me anyway) that the biggest story last summer/ fall (y’know, other than the whole Benoit thing) wound down to a curtain jerk match with JBL winning who was just randomly thrown into the whole thing a month ago. Also, no sight of any of the McMahons was a little strange. Most storylines build up to Wrestlemania, but this seemed to wear down.
CM Punk wins The Money in the Bank Ladder Match
Another great MITB match for Wrestlemania, and better than some of the past ones in my opinion. There were some pretty good spots involved, but I think what added the most to it was I really had no idea who would win, and was really surprised with the outcome. In the past I always had a good idea of two or three people who might win and two or three people who I knew wouldn’t win, but this time around it was all fair game. I’m pretty happy with Punk winning, although he hasn’t seemed to be receiving the biggest push in weeks prior, so it’ll be interesting to see what happens for him next.
And as a final note I REALLY hopes this squashes all the rumors of him being in the doghouse. Wasn’t he supposed to have heat with everyone just a few weeks ago?
Batista defeats Umaga in the Battle of the Brands match
This match was pretty dull, with Umaga dominating the first 90%, then Batista hulking up and hitting him with a powerbomb for the win. I can’t say it was a HUGE disappointment for me because I wasn’t really looking forward to it storyline-wise, match-wise, or anything else, but considering that Batista had a great match with Undertaker at last year’s ‘Mania, it’s hard to believe he then came to this. Both of these guys have done better in the past.
Kane defeats Chavo to become the new ECW champion
Kane defeated Chavo in just seconds by appearing behind him at the start of the match and hitting him with a chokeslam. I was thinking of trying to rate all of the matches until this one came up. Much like the last match, I can’t say I was disappointed with this complete and total squash because I REALLY wasn’t looking forward to seeing Kane fight Chavo for the ECW title, but on the other hand, if the ECW title is worth a match at Wrestlemania at all, it must be worth more than a minute of its time.
HBK defeated Ric Flair in a Retirement Match
This was the main reason I wanted to see Wrestlemania 24, and this did not disappoint at all. I’m not the biggest Flair mark, but I still wanted to see the end to his historic career. Flair’s definitely not the wrestler he once was, but I still think this was a great match and by far one of the most emotional matches I’ve seen. Watching HBK’s reluctance to finish off Flair and Flair demanding Shawn’s best was fantastic and the ending is definitely what I’ll be remembering in the years to come whenever I think of Wrestlemania 24.
Beth Phoenix and Melina defeated Maria and Ashley in the Playboy Bunny match
Ashley called in to replace an injured diva- oh the irony! It was hard for me to focus on this match given the previous match and the lights going out halfway through, but everyone seemed to be working hard the whole time (except for Snoop Dogg, who seemed to be falling asleep), and at least trying to put out more than the average diva’s Wrestlemania match. The interference with Santino was fun, but no where near as involved as he was at last Monday’s RAW, so it didn’t really feel like seeing anything new. The heels winning wasn’t too surprising, and didn’t have a whole lot of weight to it, but a decent diva’s match overall.
Randy Orton defeated John Cena and Triple H to retain his WWE Championship
This was a fun match with a lot of action. I was surprised to see that this wasn’t the last match on the card, and even more surprised to see Orton retaining. I’m not a big fan of Orton’s at all, but I was glad to see him finally get a credible win in his current title reign. After all the months of him winning by announcer interference, his opponent not being able to use their finisher, or disqualification, it’s good to see him look like he deserves that championship. Great match overall though.
Floyd “Money” Mayweather defeats Big Show
This much (overly) hyped match finally comes to a conclusion with Floyd knocking out Show after being dominated the entire match. I was expecting Floyd to win because it was surely in his contract, but what I wasn’t expecting was how much he’d be dominated in the match. Big Show was beating him pretty good, and Floyd was calling out in pain more than once.
This seemed to be the match with the most question marks on it and the most potential to become a train wreck, and I think all things considered, it was not as bad as I expected. But it’s during matches like these that I have to take a deep breath as I watch and remember the “three ring circus” philosophy of the WWE. Yeah, this match wasn’t good, but… SOME people must’ve liked it. The crowd seemed to be into it anyway.
And in the final match of the night, The Undertaker defeated Edge to win the World Heavyweight Championship
As you may have gathered from Saturday’s strip, I’m a huge Edgehead and was really pulling for him to end Taker’s streak, BUT if Edge had to lose, this was a phenomenal match for him to lose in. For my money this was by far the best match on the show, and both men came out looking strong. I was worried beforehand that it would be bogged down with Vicky and Edgehead (the tag-team, not the fans) interference, but they were both only out there for a small part. Great, great, great match overall though, and a perfect Wrestlemania main event.
One thing that I’d like to point out though is that at last year’s Mania, when Undertaker beat Batista for the World Heavyweight Title it was firmly planted in the midcard, but this year it’s the main event. That had to chap Batista’s hide, at least enough… for… him… to… blow his match this year! It all makes sense now!
Anyway, I thought the show was great overall, and definitely better than last year’s. There were only a couple of matches that stood out as disappointing, and the good matches definitely made up for them.
If anyone else saw it, agrees with what I have to say, disagrees with what I have to say, or has any thoughts on it at all, feel free to comment and let me know what your take was.
-James
April 2, 2008, 12:46 am | #
Great thoughts on the Mania – I think this type of content is important. Glad to see we’ve got more of it to look forward to now. Good job Hornsby.
March 24, 2014, 1:41 am | #
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October 4, 2014, 8:57 am | #
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Through squash, Takesian ’12 challenges social and economic segregation in Portland community
By Tucker Ellis
Courtesy of Barrett Takesian
BRING IT IN: Barrett Takesian '12, Executive Director of Portland Community Squash, wraps up a coaching session with kids in 2018.
After graduating from Bowdoin in 2012, Barrett Takesian ’12 founded Portland Community Squash (PCS) an academic, social and athletic program committed to mentoring children and teenagers in the Portland area—opportunities that are typically hard to find.
“We have four different youth programs that support the whole student,” Takesian said in a Zoom interview with the Orient. “We support the squash player, but we also have wellness programs such as cooking classes, yoga and critical conversation skills.”
His goal when opening PCS in 2012 was to provide accessibility for all to the world of squash, which is commonly thought of and often is an elitist and wealthy sport. Takesian challenged himself to think about the trends of inequality and exclusion that extend far past the game of squash and the city of Portland and how he could contribute to eliminating those trends.
“This project inspired me to think beyond squash…I started with squash, but there’s nothing that says it [just] has to be squash,” Takesian said. “There is a lack of representative, equal communities in our cities, and I think that sports and arts-based organizations are such an easy way to create common ground…They’re great tools for bringing people together across socio-economic, religious and racial lines, and across zip codes as well.”
Takesian said the sense of support and community he found on Bowdoin’s campus and squash team led to a desire to instill the same sense of welcoming community among Portland’s youth.
“I moved around a lot as a kid, so I felt like I had really found a home for the first time at Bowdoin,” he said. “I felt like, wherever I went on campus, someone would know me or recognize me.”
Despite graduating eight years ago and having arrived at Bowdoin as a transfer student, Takesian still has fond and vivid memories of his experiences at Bowdoin, such as botching an important saxophone performance and receiving a note that thanked him for his kindness during his time as a proctor in Moore Hall.
“The note read, ‘Thank you for making me believe in the Bowdoin Hello.’ It was an anonymous shoutout, but I’ll never forget that one,” he said.
Outside of community building skills he learned at Bowdoin, he also credits the squash team and the College’s liberal arts curriculum for the success of PCS from its early days to the present.
The College’s squash team organized the fundraising efforts for PCS’ first few programs in 2012, and even today, Takesian channels his liberal arts mindset in the workplace.
“You have to do everything well. The communication has to be good, the curriculum has to be good and your organizational skills have to be on point,” he said. “Bowdoin made me well-rounded. I was a jack of all trades and a master of none.”
Upon graduating in 2012, Takesian had a vision. Although he was working for an insurance company at the time, he volunteered at community centers during his time off and never lost sight of his dream of combining squash with community outreach and inclusivity.
“I always remembered that [squash] was a passion, and I kept working on it and I fed it,” said Takesian. “Now I have a whole career in front of me, doing what I love.”
He encourages current Bowdoin students to approach their education and future goals with a similar mindset.
“Never give up on your side hustle,” he joked.
Looking toward the future, he has even greater aspirations for his organization and its level of community outreach.
“We’re actually planning a big expansion to build up the social component of our organization. We’re hoping to build the most inclusive social space in the city,” he said. “We’ll be having potlucks and music and gatherings four to five nights per week once it’s safe to do so.”
While other organizations have struggled during the coronavirus pandemic, Takesian, optimistic as usual, has found the silver lining. Without as many programs to oversee, he has used his newfound free time for reflection and planning.
“When we run into challenges, we just have to find the opportunities,” he said.
Takesian plans to continue tapping into the economic and cultural promise of Portland that prompted him to stay in Maine in the first place.
“Portland is changing so rapidly, and there are so many opportunities,” he said. “It needs young people to shape it, so we get to decide how we want to grow and change as a state.”
Through his determination and passion, he hopes to create change in monumental ways.
“I can see a day within the next 10 years where every student in the Portland school system has access to opportunities outside of school,” Takesian said. “The system is small enough where we can have that impact.”
Read MoreAlumniSquash
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The Wacky Race in England
By Paul Russo • November 6, 2020
Highlight Reel for October 30
AN EXTRA YEAR Yesterday, the National Collegiate Athletic Association (NCAA) Presidents announced that all Division III athletes can compete in athletic competitions and practices this academic year without losing a season of eligibility. This is a one-time waiver, and the Presidents hope that it will allow student athletes to have more flexibility in deciding their academic plans for the spring 2021 semester.
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Botulinum Toxin: Is It Worth It?
Smooth and wrinkle-free skin and a charming smile can be easily achieved through the treatment of Botox.
Thousands of people do not know about the fascinating facts of Botox and its purpose and effectiveness. On the contrary, there can also be several risks and side effects if not done properly.
The number one non-surgical procedure since the year 2000 is botulinum toxin.
Get ready to learn more about the magic of Botox.
The Medical Definition of Botox
The medical definition of Botox is botulinum toxin. It is a toxin that is produced by a specific bacterium called Clostridium botulinum and it is known as the most poisonous biological substance.
Acetylcholine is the principal neurotransmitter at the neuromuscular junction. Botulinum toxin blocks the release of acetylcholine as it binds to nerve endings where the nerve joins a muscle simply because it acts as a neurotoxin. It weakens the muscle, which prevents it from contracting. It can be recovered within 2 to 3 months through the formation of new synaptic contacts and sprouting of nerve terminals.
During the 1950s, scientists and researchers have discovered that muscles that are injected by botulinum toxin will be unable to contract for a period of 3 to 6 months. Injecting overactive muscles with extremely small quantities of botulinum toxin will block the release of acetylcholine at the neuromuscular junction for it quickly decreases muscle activity.
Botox was discovered back in the 1820s. However, FDA did not approved it as a cosmetic treatment yet. A powerful neurotoxic protein formed from a bacterium, now that’s magic.
Millions of botox procedures have been performed as of 2018.
The Beauty of Botox
From teenagers to adults, Botox is surely considered as one of the most popular cosmetic procedure in the United States of America.
Thousands of celebrities all over the world have undergone this procedure. Most celebrities get Botox to prevent the pain of high heels in feet and to correct lines and wrinkles. Botox injections can improve a person’s physiological and anatomical desire.
Botox is for Everyone!
Around the world, more and more women and men are into getting Botox. As a matter of fact, a huge number of men and women getting injected has increased by a hundred percent since the 1990’s.
The Treatment is Super Fast and Efficient
Scheduling options for treatment are endless. Normally, a session maybe finished within 10-15 minutes with minimal downtime.
In no more than 14 days, patients begin to notice results. The results last up to 4-6 months.
Say Goodbye to Lines and Wrinkles
Get rid of crow’s feet around the eyes and the frown lines between the eyebrows instantly.
Temporarily paralyzing the muscles that cause wrinkles is exactly how botulinum toxin works. Immobilized lines and wrinkles keep the face smooth.
It is Temporary Life Saver
Results from Botox are not permanent. An average Botox Injection treatment normally lasts for an average of four to six months, which is why doctors recommend a continuous and regular schedule of injections.
It’s Considered to be a Safe Procedure
Doctors and researchers have proven botox to be safe through extensive research for more than a decade. One of the safest products available worldwide is Botox. It is widely used for cosmetic purposes specifically around the eyes, between the eyebrows, underarms, and other areas, because it is FDA approved.
What Medical Conditions can Botox Treat?
Botulinum Toxin, also known as Botox Injections can not only be used for cosmetic purposes, it has also been discovered to work very effectively for various medical conditions! Here are some below:
Medical doctors have proven that Botox is the perfect solution for sweat reduction.
Hyperhidrosis is a problem as it is a common disorder that produces excess sweat. Millions of people suffer from excessive sweating of the palms, underarms, and soles of the feet.
Botox treats hyperhidrosis effectively and precisely for up to six months as it is injected into the area with overactive sweat glands and helps fight excessive sweating by injecting Botox directly into the skin. This then creates a barrier between the skin and the sweat glands.
Botox cures chronic migraines. Injections into the head are quite effective for people with a migraine. FDA has approved Botox for use in treating chronic migraines since 2010, and Health Canada subsequently approved it in 2011.
It blocks signals that cause unnecessary muscle tightening and typically requires 31 injections in seven specific muscle sites on the head and neck every 12 weeks.
Studies show that injections greatly improve pain levels and overall quality of life. Botox injections may help reduce headache frequency if a person experiences migraines for at least once a month.
Ever felt that strong and sudden urge urinate right away?
Using multiple leakage pads per day is stressful and hassle. The FDA expanded the use of botox to include the treatment of overactive bladder back in 2013.
Botox calms the nerves that over stimulate the bladder muscles and the effect of this kind of injection will last for up to six-eight months.
More than 245,000 people with OAB have been cured through botulinum toxin.
This happens when the neck muscles contract involuntarily. Cervical Dystonia causes the head to twist or turn into an uncomfortable position. It is used to reduce the excess muscle activity caused by cervical dystonia.
The injection of the Botox will be targeted directly into the muscles affected by dystonia. The toxin has an effect wherein muscle spasms are reduced or eliminated.
Cervical dystonia’s that are focal to one or two areas of the body are more capable of a Botox treatment than generalized dystonia. Muscles affected by dystonia must reach the limit of the total quantity of toxin that can be injected into the body. It must be injected separately, too.
Common Side Effects of Botox
Botox can make a person look years younger because of its procedures and use of the latest technologies. One injection into the skin reduces the appearance wrinkles and fine lines.
The needles used for injections are thin and fine, and it is normal for a patient to experience some pain, swelling, and other reactions at the injection sites during the procedure.
However, it is important to be cautious about the possible side effects in the long run, some of which include:
All-over muscle weakness
Double and blurred vision
Change and loss of voice
Loss of bladder control
Trouble in breathing
Trouble in swallowing
Discomfort or pain at the injection site
A headache and neck pain
Potential Risks with Botox
In rare cases, the toxin can spread to other parts of the body. Excess toxins will cause muscle weakness, difficulty in swallowing and breathing, respiratory paralysis, trouble in speaking, and it can even lead to death.
Furthermore, it may also cause a series of immediate allergic reactions, dizziness, and symptoms of asthma. A person is at the highest risk if these problems are pre-existing before injection.
Be aware that not all Botox treatments are Food and Drug Administration approved.
The Food and Drug Administration approved cosmetic Botox back in 2002. It is only approved for three purposes:
In-between the eyebrows
In-between the lines around the eyes
Patients must get medical help right away after injection if any of these problems occur.
Botox Precautions
A person who is allergic to any of the ingredients in Botox or other injectable products is strictly prohibited from having the procedure done. People with skin infections at the planned injection site should not be treated as well.
Before getting a Botox injection, it is very important to tell the medical doctor about a person’s muscle and nerve condition. All medical and health concerns, including past surgeries, trouble with eyelids or eyebrows, abnormal facial change, pregnancy, and so on must be discussed with the medical professional, as well as the most common side effects based on their clinical experience.
During the initial consultation, be honest with your doctor about all prescription and over-the-counter medicines you may be taking, including vitamins and herbal supplements. Do not use Botox while taking other medicines to prevent serious side effects.
The doctor must be aware of all the injections and medicines that the patient has received, and a follow-up visit after the treatment should be scheduled.
Post-treatment Guidelines
To ensure that the Botox stays in the treatment area and does not excessively spread to other parts of the face, carefully understand these safety guidelines.
Do not lie down for four to five hours after treatment.
Do not massage the area where Botox has been injected.
Do not touch or manipulate the area that has been treated.
Do not undergo facial or laser treatments for at least two weeks post treatment.
Do not consume alcoholic beverages for 48hours before and after the treatment.
Do not engage in sports and activities that involve heavy lifting or vigorous exercise.
Avoid anti-inflammatory medications for two to three weeks before and after the treatment.
Results can be seen a few days after the treatment, and it is always recommended for patients to book a follow up appointment.
It is important to get botulinum toxin injections from a licensed medical professional. A doctor who is certified and skilled that can advise the proper procedure and is able to extend help in determining what is suitable for the need, comfort, and health of a patient.
Botox has life-changing benefits even though it is temporary. It boosts a person’s confidence and self-esteem and that is why we highly recommend it.
Talk to a licensed doctor today to see and experience the wonders of Botox!
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Trending and Business /
How Hemp Could Help Solve the Global Plastic Crisis
Published by Niamh Tumilty at June 7, 2019
In theory, hemp-derived plastics could create products that don’t take such a drastic toll on the environment. Image Credit: By chaiyapruek youprasert on shutterstock.
Plastic does not have a great reputation at the moment. Although it’s an incredibly versatile material, it also comes with a steep environmental cost. According to the Smithsonian Institution, humanity has produced around 8.3 billion metric tons of plastic since the material came into widespread use in the 1940s — and roughly 6.3 billion metric tons have been discarded. Since many plastics take decades to biodegrade (if they can biodegrade at all), this has taken a heavy toll on animals and ecosystems. But what if the problem wasn’t with plastic itself, but rather the material from which it’s produced?
That’s the argument made by advocates of hemp plastic, who say that the plant could offer an earth-friendly alternative to plastics derived from fossil fuels like crude oil or natural gas, which are currently the world’s primary raw materials for plastics production. While the world’s dependence on fossil fuels for things like transportation and energy is well-known (and much-criticized), the role of these substances in the production of plastic has received relatively little attention — but according to a report from ABC News, around 12 million barrels are used each year in the U.S. alone.
In theory, hemp-derived plastics could both eliminate this need for fossil fuels and create products that don’t take such a drastic toll on the environment. But is it too good to be true?
What is Hemp Plastic?
Like all plastics, the hemp variety is comprised of carbon. However, unlike those from fossil fuel, hemp plastics are bioplastics, meaning that their carbon is derived from an organic source. In this case, obviously, the source is hemp. Other sources of bioplastics include corn, straw, and vegetable fat.
Hemp has one major advantage over its bioplastic competitors: its cellulose. This is an organic compound that can be used to mimic many of the attributes of fossil fuel plastics. Hemp is exceptionally rich in cellulose — according to a 2013 study from European researchers, around 65-70 percent of the plant’s biomass is cellulose, compared to around 40 percent for wood.
How is Hemp Plastic Made?
To make plastic from hemp, the first step is to extract as much cellulose as possible from the plant. There are a number of different methods for doing so, depending on the type of product that’s desired.
For example, the pulp of the hemp plant can be deconstructed through a process known as hydrolyzation, in which hot water (around 120-200 degrees Fahrenheit) is used to break down the molecules. Another option is to soak the material in an acid that’s strong enough to break down its molecular bonds, but weak enough to keep the material itself from dissolving.
Both methods eventually yield cellulose, which can be further processed to create a substance called nanocellulose, which can change its form between a gel and liquid depending on the circumstances.
Why Is Hemp Plastic So Versatile?
Hemp itself is a remarkably versatile plant — as its proponents are fond of repeating, humans have been using it to make clothes, paper, and food for thousands of years (another oft-cited historical oddity is that American colonists were required by law to grow the plant in the 1700s). With that in mind, it’s unsurprising that hemp plastic, too, can be used for a wide variety of purposes. Here are some of the reasons it’s so useful:
Hemp Plastic Is Biodegradable
According to most estimates, the average plastic bottle takes around 450 years to biodegrade. Conventional plastic bags can take even longer, up to 1,000 years. Here, hemp plastics have a major advantage, as they tend to start decomposing within a year.
The way it decomposes is important, too. Conventional plastics contain chemicals such as BPA and DEHP that can be released into the environment, where they soon find their way into groundwater and animal populations. From there, it’s only a matter of time before these chemicals come into contact with humans. When they do, they can cause severe problems for the body’s endocrine system.
Since hemp plastics don’t contain these chemicals, they’re much safer for animals, the environment, and humans as well.
Hemp Plastic Can Be As Strong (or Weak) As Needed
A 2017 study published in the journal Scientific Advances, which was billed as “the first global analysis of all plastics ever made — and their fate” by National Geographic, found that around 40 percent of all plastic produced is used only once (whether for packaging or single-use items like straws or plates). Hemp plastics would make a logical replacement for products like these, which tend to be somewhat flimsy, since they can perform the same function but decompose much more quickly.
However, hemp plastics can also be used to make sturdier items like furniture, car parts, or even boats. In this case, the natural hemp fibers can either be mixed with a synthetic polymer (like polypropylene) or another organic substance (like derivatives of cashew nut shells) to create products that are more ecofriendly than traditional plastic ones, but more resilient than ones made purely from hemp.
The Downsides of the Hemp Plastic Industry
For all the advantages of hemp plastic, it comes with a number of downsides that have, so far at least, prevented it from being a feasible option on a global scale. These disadvantages can be summarized as: 1) it’s still tricky to produce, 2) it’s too expensive, and 3) it’s not actually that great for the environment.
Although the cultivation, production, and sale of hemp was legalized in the United States by the 2018 Farm Bill, many states still view with the plant with skepticism, as illustrated by the outright bans that several states have placed on hemp-derived CBD. To make matters worse, law enforcement officers have repeatedly arrested truck drivers hauling legal hemp and confiscated their cargo, which has put a damper on the development of the hemp industry in general.
Another major problem facing hemp plastic is the cost. One of the main reasons conventional plastics are so widely-used is because they’re extremely cheap, and to compete with them, hemp plastics would need to be priced at the same level (or, most likely, even lower). According to Jim Happ of Labcom, a company that supplies plastic products to laboratories around the world, hemp plastics would need to cost around $1.27 per pound to be competitive with conventional plastics. At the moment it’s priced around $2.35 per pound, which means it’s unlikely to be adopted on a major scale.
The biggest strike against hemp plastic, however, is that it might not be as environmentally-friendly as it appears at first glance. Since pure hemp plastic products need to be reinforced with synthetic polymers to make them stronger and more durable, many of its potential uses would yield “less-bad” byproducts rather than harmless ones, a half-measure that would be unlikely to have a sufficient impact on global plastic pollution levels. Even more worrisome is the fact that hemp plastic requires specific conditions to biodegrade — put simply, it needs a great deal of heat and pressure, which typically can only be found in special recycling centers. A hemp plastic bag that falls off a cruise ship into the ocean won’t automatically start biodegrading, and worst of all, it won’t even float, so it can’t be broken down by UV rays.
The problems facing hemp plastic are certainly fixable — if humanity can send a person to the moon, it can probably figure out a way to extract plant fibers in a more cost-effective way — but until they are, the best choice when it comes to plastic is just to use less of it.
Niamh Tumilty
Niamh Tumilty is a writer and multimedia producer for cannabisMD where she is constantly evaluating the continued growth of CBD and its presence in the news. Her research and writing on cannabis and CBD can be found at niamhtumilty.com.
CBD massage has quickly become one of the most popular spa treatments. Image Credit: By Phil Date on shutterstock.
VIDYA has made a point of promising transparency at every step of its CBD production process. Image Credit: By cannabisMD.
In California, almost all of the traditional services people expect at a spa now come with CBD-infused options. Image Credit: By lenetstan on shutterstock.
Circle Labs’ Oregon Farm uses organic soil and regenerative growing practices. Image Credit: Circle Labs.
2019 was a wild ride for those in the cannabis business — here’s what could happen next. Image Credit: By DestroLove on shutterstock.
4 Big Predictions for Cannabis in 2020
Cannabis fashion is trendy — and some of it is good for the planet too. Image Credit: By Gordana Sermek on shutterstock.
5 Reasons Why the Fashion Industry Loves Cannabis
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Cavern Pub
Magical Mystery Tours
Beatles England
Beatle Week
F.A.Q.'s >>
Local Details
The name of this world famous landmark has been given to the entire area. The Cavern Quarter is a pedestrianised area situated on the edge of the main shopping streets where they meet the commercial area of the City Centre. The Club is located on the right hand side, twenty yards down Mathew Street from it’s junction with North John Street. Almost opposite the club is the Cavern Pub with it’s impressive Wall of Fame and the John Lennon Statue. Opposite the doorway of the Club is the monument created by Arthur Dooley which was the city’s first public work of art dedicated to The Beatles.
Walking to The Club
Centrally located The Club is only a five minute walk from the four underground Merseyrail stations, the mainline Lime Street railway station and Paradise Street suburban bus station, the Mersey Ferry and Seacat Terminal, Albert Dock and the National Coach station are ten minutes away. Liverpool airport is a twenty-five minute journey.
Vehicular access is restricted and on-street parking on Mathew Street is forbidden. The small car park next door to The Cavern is privately owned and must not be used.
Throughout the day there is on-street parking in Lord Street, Cook Street, North John Street and Victoria Street. Multi-storey parking is plentiful at Queen Square and Paradise Street, both 5 minutes walk.
Throughout the day (Monday - Saturday) there is no on-street parking. Albert Dock (free) is the nearest and most convenient. There are bus stops in North John Street and Victoria Street where passengers can be set down or picked up.
After 6.00pm, on-street parking is plentiful in North John Street and Lord Street, however it is not recommended to leave your vehicle unattended. Parking and toilet facilities are available at the nearby Paradise Street bus station.
Copyright © 2015, Cavern City Tours Ltd. All rights reserved.
Web site design by BT Promotions
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Jim Stillwagon
Lawyers: $6.5 million to settle false arrest claim
COLUMBUS, Ohio (AP) — Lawyers say a $6.5 million settlement has been reached with the widow of a former Ohio State football star who says police used excessive force...
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Health Care/ State government
Legislature passes telehealth compromise
Bill also addresses COVID testing and community hospital payments
Shira Schoenberg 0 Comments Dec 23, 2020
THE MASSACHUSETTS LEGISLATURE on Wednesday sent Gov. Charlie Baker a bill that could permanently change how health care providers use telehealth, a consequence of the rapid shift that occurred due to the COVID-19 pandemic.
Senate Health Care Financing Committee chair Cindy Friedman said on the Senate floor that by passing the bill, “We ensure greater access to telehealth services, offer safe care options for patients, incentivize the continued expansion of services, and provide a financial lifeline to doctors, hospitals, and community health centers that shifted largely to telehealth services.”
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Friedman led the conference committee along with House Majority Leader Ron Mariano, who is the leading candidate for House speaker, should Speaker Robert DeLeo, who is in job negotiations with Northeastern University, step down.
The conference committee report passed both bodies unanimously, 40-0 in the Senate and 157-0 in the House. No members spoke on the bill in the House.
Mariano said in a statement issued after the vote, “This legislation will help mitigate the current strain on the health care sector’s finances and workforce caused by the pandemic, while also ushering in a long-lasting transformation in the way people access health care services.”
The bill would require insurers to permanently cover behavioral health services conducted via videoconference or phone at the same rate as they cover in-person visits. It would require insurers to pay the same rate for telehealth and in-person visits for primary care services and chronic disease management for two years. Pay parity for all other services would apply for 90 days after the end of the COVID-19 emergency.
During the pandemic, as doctors’ offices temporarily cancelled non-urgent procedures and many people feared going into a doctor’s office, telehealth burgeoned in popularity. Massachusetts’ largest health insurer, Blue Cross Blue Shield, had been processing 200 telehealth claims daily pre-pandemic and by May was processing 38,000 claims per day. Clinicians at the large Mass General Brigham health care system conducted 1 million telehealth visits between March and July – compared to an average of 1,200 or 1,500 a month pre-pandemic.
The growth was made possible because emergency orders issued by Baker required insurers to cover telehealth at the same rate as in-person visits during the state of emergency.
But the shift raised many long-term questions regarding how telehealth should best be used and paid for. In theory, telehealth could lower health care costs, if doctors can perform basic services over a computer without support staff. But it could also raise costs, if someone has a telehealth visit, then is told to make a physical appointment.
The Senate and House took different approaches in their initial bills, but both versions aimed to provide temporary clarity about the future of telehealth while giving state health policy agencies time to do more comprehensive studies.
The final version of the bill includes permanent pay parity for behavioral health because that is where telehealth has been most successful. Doctors report that patients are less likely to miss behavioral appointments when they are conducted remotely. Data from the Health Policy Commission showed that behavioral health visits rebounded to pre-pandemic levels by this summer, faster than other medical specialties, primarily because more than 85 percent of those visits took place remotely.
Conference committee member Sen. Julian Cyr, a Truro Democrat, said he has received outpatient mental health services through telehealth during the pandemic and “it has made all the difference.” Cyr stressed the importance of allowing virtual visits for mental health care to give patients more flexibility with work, travel, and childcare; to expand access for patients in rural areas; and to increase access to clinicians who speak a language other than English.
The Massachusetts Health and Hospital Association said in a statement that the bill “will be an important step in solidifying the role of virtual care in the Commonwealth.”
Lora Pellegrini, president and CEO of the Massachusetts Association for Health Plans, said she is happy some rates could be negotiated after the emergency ends, though she worries about the two-year pay parity for some specialties. “In order for telehealth to truly deliver on its promise of increased access to high-quality care at lower costs, it is imperative that market-based negotiations set the reimbursement rate and any extension of mandated rates of payment be time-limited,” Pellegrini said.
Amy Rosenthal, executive director of the consumer advocacy group Health Care for All, said by permanently covering behavioral health services over telephone and video, “this provision helps support a behavioral health system that has been historically underfunded and ensures that consumers who do not have sufficient technology or internet connectivity can get the care they need.”
The bill also includes provisions expanding the scope of what some medical professionals can do. It lets optometrists treat glaucoma, resolving a years-long fight between optometrists and ophthalmologists over who has authority to prescribe medication. It lets nurse practitioners, nurse anesthetists, and certain psychiatric nurses practice more independently. It gives pharmacists more authority to review medications with patients.
The bill does not allow for dental therapists, a potential new job for mid-level dental practitioners, which has been the subject of a dispute for years between dentists and advocacy groups trying to expand access to dental care in underserved areas.
The bill does not take permanent steps to address the financial woes plaguing many community hospitals, but it does provide two years of enhanced monthly Medicaid reimbursement payments – up to $30 million each year – for community hospitals that serve large numbers of low-income patients.
It requires insurers to cover medically necessary COVID-19 testing and treatment without co-pays. The bill would result in broader coverage than what is currently included in Baker’s emergency orders by requiring insurers to cover COVID testing for some asymptomatic people who work in high-risk fields like health care, restaurants, retail, and hospitality.
Congress is on the verge of eliminating “surprise” billing, where people face unexpected out-of-network insurance charges for emergency or inpatient care – for example, when someone gets a bill for an out-of-network anesthesiologist during surgery at an in-network hospital. The state bill requires transparency in charges for non-urgent care, while directing state health officials to develop recommendations for future out-of-network rates, in accordance with any new federal law.
Reporter, CommonWealth
E-mail @shiraschoenberg
Bio » Latest Stories »
About Shira Schoenberg
Shira Schoenberg is a reporter at CommonWealth magazine. Shira previously worked for more than seven years at the Springfield Republican/MassLive.com where she covered state politics and elections, covering topics as diverse as the launch of the legal marijuana industry, problems with the state's foster care system and the elections of U.S. Sen. Elizabeth Warren and Gov. Charlie Baker. Shira won the Massachusetts Bar Association's 2018 award for Excellence in Legal Journalism and has had several stories win awards from the New England Newspaper and Press Association. Shira covered the 2012 New Hampshire presidential primary for the Boston Globe. Before that, she worked for the Concord (N.H.) Monitor, where she wrote about state government, City Hall and Barack Obama's 2008 New Hampshire primary campaign. Shira holds a master's degree from Columbia University's Graduate School of Journalism.
The bill includes several other provisions: making it easier for MassHealth members to get care at urgent care centers, creating a new rare disease advisory council, requiring an analysis be done of COVID-19’s impact on the health care system, and requiring insurers to cover pediatric neuropsychiatric syndromes referred to as PANDAS or PANS.
‹ Reduced commuter rail schedule extended until Jan. 8 A holiday wish list for legislative action on housing ›
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Discussion Moderator: Michael Serluco
Panelists: Robert Barry | Michael Kawas | Cheryl Marks Young
Running a not-for-profit doesn’t mean operating the business like a charity-case. The best CFOs at well-run not-for-profits recognize that in order to succeed on their organization’s behalf, they must think like their for-profit peers, and lead the finance and strategy of the organization in the same manner. Matters that are just as important to not-for-profits include:
Ability to remain a going concern – Current economic impact and regulatory environment impact
Revenue streams – Diversification and general business cycle issues
Expenses – Management in a time of severe cutbacks and downward trends in contributions and donations
Talent brain drain
Health Insurance impact of the ACA
Join Cheryl Marks-Young, CFO of Easter Seals New Jersey, Bob Barry, CFO of the Community FoodBank of New Jersey, Michael Kawas, CFO of Musculoskeletal Transplant Foundation, and Eric Strauss, Partner at WithumSmith+Brown, as they share insights and experiences in building successful finance organizations and participating in leading their not-for-profit organizations with a for-profit mindset.
Michael Serluco
WithumSmith+Brown
CPA, Partner
Michael is a partner in WithumSmith+Brown’s Red Bank, NJ, office and has over 20 years of professional accounting and auditing experience. He is a certified public accountant in the states of New Jersey and New York and specializes in providing accounting, auditing, tax, financial and reimbursement consulting services to health care and not-for-profit organizations.
A graduate of the University of Maryland located in College Park, MD, Michael earned his BS degree in accounting. He is a member of the American Institute of Certified Public Accountants (AICPA), the New Jersey Society of Certified Public Accountants (NJSCPA), the Healthcare Financial Management Association (HFMA) and the Homecare Association of New Jersey. He is a past chair of the NJSCPA Nonprofit Interest Group and is a frequent speaker on current healthcare audit, tax and reimbursement matters.
Michael is very active in his community, having served as the vice chairman of Bayshore Community Hospital and chairman of the Finance Committee for Bayshore Community Health Services, Inc. and Bayshore Health Care Management Corporation. Michael currently serves on the Finance Committee of Meridian Health. In addition, he is the former treasurer of the Holmdel Theatre Company.
Michael resides in Monmouth County, NJ.
About WithumSmith+Brown
WithumSmith+Brown (WS+B) brings clients the benefits of a larger organization without sacrificing the attention and personal service that one expects from a local business. WS+B’s regional offices ensure easy access to their dedicated, experienced team and the advice you need to achieve greater growth and financial success. Their clients represent a broad spectrum of industries and range in size from small, entrepreneurial startups to billion-dollar, publicly-held companies.
The Firm’s stability and overall growth encourages first-rate talent to join WS+B and grow with them. The Firm has approximately 500 professionals, with almost 250 CPAs. Their clients benefit from the expertise and continuity of their engagement team and the rapport which develops in time from this crucial business relationship. The engagement team provides timely service and accessibility—simply put, WS+B is there when you need them.
Community FoodBank of New Jersey
Upon graduating from Pace University with a BBA, in 1984, Bob began his career with JH Cohn and Company (now Cohn Reznick). After several years as an auditor, Bob became the Controller at The Matheny School and Hospital. In 1997, Bob became the CFO at Bonnie Brae and remained there until 2006 when he became the CFO at the Community FoodBank of NJ. For the past 5 years, Bob has chaired the CFO network for Feeding America. Bob also served for 6 years as an elected member of the Edison Township Board of Education.
About The Community FoodBank of New Jersey
The Community FoodBank of New Jersey, which was incorporated in 1982, began 40 years ago with founder Kathleen DiChiara distributing food out of the back of her station wagon. It is now one of the largest food banks in the country, distributing more than 43 million pounds of food a year. CFBNJ’s Hillside headquarters and southern branch in Egg Harbor Township employ some 200 people. In addition to distributing food to more than 1,000 partner charities, CFBNJ offers a variety of programs including the Food Service Training Academy, which has graduated more than 800 students since 2000, preparing them for culinary careers. More than 90% are employed within six months of graduation.
Michael Kawas
Musculoskeletal Transplant Foundation
Michael is the EVP/CFO of MTF. He has been with MTF for almost 27 years.
His current and past responsibilities include Administration, International Sales and Marketing, Process and Technical Operations, Quality Assurance and Regulatory, Contract Management and President of MTF’s Dermis Division.
Prior to joining MTF, Michael worked for Reliance Group Holdings with responsibilities in the area of mergers and acquisitions and corporate finance. He also spent four years in public accounting working for Arthur Young & Co. (now Ernst & Young) performing audits of healthcare organizations, investment banks and manufacturing companies.
Michael received his BBA from Pace University in 1981 and his MBA from Rutgers University in 2000. He is a CPA licensed in New York and New Jersey, is a CGMA and is a member of the Finance Committee of the American Association of Tissue Banks.
About Musculoskeletal Transplant Foundation
MTF was founded in 1987 by a group of orthopedic surgeons dedicated to finding a way to provide a consistent, safe and efficacious supply of tissue of the highest quality for transplantation. Since its inception in 1987, MTF has worked with Organ Procurement Organizations nationwide to recover more than 100,000 tissue donors and distribute more than 6,000,000 grafts globally. MTF is dedicated to surgeons, patients, donors and donor families in the respectful stewardship of the selfless gift of donation.
MTF provides tissue to hospitals, surgeons and patients throughout the world. It distributes over 450,000 grafts annually with over 200,000 patients benefiting from these therapeutic tissue forms. Human tissue is used extensively in orthopedics for reconstruction of the spine, extremities and ligaments in sports medicine related injuries. It is also used for the reconstruction of hernia and complex abdominal wall procedures and is widely accepted as the standard of care for breast reconstruction following mastectomy.
MTF is the nation’s largest tissue bank and employs over 1,100 people worldwide with approximately half of these employees working in the Edison, NJ Corporate Headquarters.
Cheryl Marks Young
Easter Seals New Jersey
Since 2006, Cheryl Marks-Young has overseen all of the financial functions for Easter Seals New Jersey, ensuring its resources are properly allocated to achieve its long-term strategic goals. Prior to joining Easter Seals, Cheryl held financial leadership positions with Sesame Workshop and Viacom. She earned a BS in accounting from the Leonard N. Stern School of Business at New York University, and has received a certificate in professional grant development and a certification in process improvement from Rutgers University, and a certificate in treasury management from Fairleigh Dickinson University. She currently serves as the Co-Chair for the CFO Committee of the New Jersey Association of Mental Health and Addictions Agencies (NJAMHAA).
About Easter Seals New Jersey
The mission of Easter Seals New Jersey is to help individuals and families with disabilities or special needs to live, learn, work and play in their communities with equality, dignity and independence. A leading non-profit provider of comprehensive services for individuals with developmental disabilities including autism, physical disabilities, mental illness and other special needs, our services have been geared toward helping individuals remove obstacles along their path toward independence and full community-integration for 65 years.
Easter Seals is committed to creating solutions and providing programs that produce tangible results in the lives of over 7,000 individuals and families in New Jersey.
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Bitcoin and Cryptocurrency Influence Semiconductor Manufacturing
Craig Guillot
Bitcoin and cryptocurrency mining continues to represent a growing opportunity for semiconductor manufacturers, and more big players are entering the space to manufacture mining processors that are faster and use less electricity.
Cryptocurrency such as Bitcoin, Litecoin and Ethereum must be “mined” and supported with costly mining machines. These complex computers run advanced algorithms and mathematical equations to verify transactions and keep a running ledger. Advanced crypto software helps to profit from it.
According to The Balance, a mining rig can cost between $3,000 and $10,000. They also use a significant amount of power with the average energy used to mine a single bitcoin running at least $3,000 in low-cost utility markets.
As a result, semiconductor manufacturers are in what Cryptoslate calls a “ASIC arms race” to produce more powerful and energy efficient mining rigs. In 2017, a spike in shares of Nvidia and AMD were partly attributed to a rise in the price of Ethereum. In 2017, demand from Ethereum miners created a temporary shortage of some graphics cards and estimated additional sales from the crypto demand were estimated to be as high as $875 million, according to Bloomberg.
Even though Ethereum is very volatile and that ethereum to euro margin trading is less than half of what it was in December, it is still an equipment-intensive industry. Canaan Inc, a leading cryptocurrency mining rig supplier is looking to raise up to $2 billion in an IPO, according to Bloomberg. The company sold more than 300,000 mining rigs last year alone, you can find out more at DC Forecasts. The crypto influence on the semiconductor market has become so strong that Taiwan Semiconductor Manufacturing (TSMC) in April noted uncertainty over cryptocurrency mining due to lower values as one of the reasons for its weaker than expected guidance for the rest of 2018. These mining chips accounted for 4.5 percent of the manufacturer’s total revenue in the third quarter, contributed to $900 million in 2017, according to CNBC.com.
Samsung also announced in January it has begun manufacturing ASIC chips used to mine bitcoin and other cryptocurrencies. “Samsung’s foundry business is currently engaged in the manufacturing of cryptocurrency mining chips. However, we are unable to disclose further details regarding our customers,” a company spokesperson told TechCrunch.
While crypto mining semiconductors would pale in comparison to the company’s phone semiconductors, the entry of a big-name player into the market was considered a notable event. Intel is also set to enter the space but recently announced a delay in the production of its 10nm units until 2019.
Patrick Moorhead, founder and president of Moor Insights & Strategy, wrote in Forbes.com that while cryptocurrency mining ASICs existed in the past, they were low volume and very expensive. The only way for prices to fall is to reduce the cost of producing the chips which are manufactured in semiconductor fabs (fabrication plants) with a mix of power, performance or price.
“With the right fab process node at the right semiconductor fab, ASIC miner manufacturers could significantly drive down the price of ASIC mining machines, and ultimately the cost of mining for everyone,” Moorehead said.
Many analysts have said that Bitcoin’s extreme energy consumption is its Achilles heel. Ars Technica noted that Bitcoin mining could consume 7.7 gigawatts by the end of 2018, roughly half of the world’s electricity consumption.
Read more: Navigating The Dark Side Of The IoT Revolution
cyptocurrency
Craig Guillot is a business writer based in New Orleans, La. His work has appeared in Wall Street Journal, Entrepreneur, CNNMoney.com and CNBC.com. You can read more about his work at www.craigdguillot.com.
Measuring Impact in a Complex and Interconnected World
Prepare For An Augmented Reality
Business Leaders Condemn Mob Assault On U.S. Capitol; ‘This Is Sedition’
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Guatemala forces stall migrant caravan with tear gas, batons
Home Top News World News Turkish politician’s jailing prompts 400-kilometer protest march
Turkish politician’s jailing prompts 400-kilometer protest march
Supporters of Turkey’s opposition began a 400-kilometer Ankara-to-Istanbul march Thursday to protest a 25-year jail sentence handed down a day earlier to a lawmaker found guilty of leaking government information.
Kemal Kilicdaroglu, chief of the center-left Republican People’s Party (CHP), was surrounded by supporters holding up signs saying “justice” as they began the long walk.
“We do not want to live in a country without justice,” Kilicdaroglu said.
On Wednesday, a court handed down the lengthy prison sentence to Enis Berberoglu, a CHP member of parliament who was found guilty of leaking information showing that Turkey was sending weapons to Syrian rebels.
Prosecutors said Berberoglu gave the information – showing a truck belonging to the intelligence service shipping weapons and ammunition in 2014 – to the newspaper Cumhuriyet, which published a story in 2015.
Cumhuriyet itself has been under intense pressure – more than a dozen of its journalists and executives have been in jail for more than six months awaiting trial – while former editor-in-chief Can Dundar, the main reporter on the weapons report story, lives in exile in Europe.
Jailing of opposition members has focused recently on the pro-Kurdish Peoples’ Democratic Party (HDP), which has 11 legislators behind bars. Thousands of HDP members are also jailed, allegedly for links to terrorism.
Berberoglu is the first major CHP figure to be arrested under the ongoing crackdown in the country.
Secular opposition groups in Turkey have been skeptical of the government’s support for Syrian rebel groups, amid concerns about the rise of violent Islamism.
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The China Post
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CADIZ LAND COMPANY INC v. RAIL CYCLE
CADIZ LAND COMPANY, INC., Plaintiff and Appellant, v. RAIL CYCLE, L.P., et al., Defendants and Respondents.
Cadiz Land Company, Inc., Plaintiff and Respondent, v. County of San Bernardino et al., Defendants and Appellants.
Nos. E024373, E024532.
Decided: August 18, 2000
Jeffer, Mangels, Butler & Marmaro, Benjamin M. Reznik, John M. Bowman, Los Angeles, John E. Mackel, San Francisco, and Lynne Todd Edgerton, Sacramento, for Plaintiff and Appellant and for Plaintiff and Respondent. LeBoeuf, Lamb, Greene & MacRae, Richard R. Terzian, Stephen P. Pfahler and Robert J. Tyson, Los Angeles, for Defendants and Appellants. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, Nabil L. Abu-Assal, Tonie M. Franzese, Los Angeles, David J. Altman and Clare Bronowski, Los Angeles, for Defendants and Respondents.
Appellant Cadiz Land Company, Inc. (Cadiz) 1 challenges under the California Environmental Quality Act (CEQA) 2 the County of San Bernardino's certification of an environmental impact report and related approval of Rail Cycle, L.P.'s proposed landfill project (landfill).3 The proposed landfill site is located in the Mojave Desert region of San Bernardino County (County). Cadiz owns agricultural land within the near vicinity of the proposed landfill site, and asserts that the landfill will have significant adverse impacts on its agricultural operations and will contaminate the groundwater.
We conclude the failure to discuss in the EIR the volume of groundwater subject to contamination renders the EIR inadequate under CEQA. Because the EIR is deficient, a revised and recirculated EIR is necessary.
With regard to Cadiz's other contentions, we conclude they are either without merit or moot. The County's consolidated appeal of the trial court's ruling denying the County's motion for attorneys' fees is also moot.4
I. Statement of Facts and Procedural Background
We reserve a detailed account of the facts for the discussion portion of this opinion. A basic outline of the facts is nevertheless provided to frame the issues. Also provided are maps, attached as appendices A and B, which show the landfill site in relation to Cadiz's property and the approximate area of the underlying aquifer.
The landfill site, which is the subject of this matter, consists of approximately 4,870 acres of land located in an area known as Bolo Station, adjacent to Bristol Dry Lake and a rail line between the towns of Amboy and Cadiz, in the southeastern Mojave Desert region of San Bernardino County. The site is three miles across, east to west, and four miles across, north to south, at its greatest dimensions, and is relatively flat. On this site, Rail Cycle, L.P. (Rail) 5 proposes to build a Class III nonhazardous municipal solid waste disposal facility, with a service life of 60 to 100 years. Twenty-one hundred acres of the landfill site are to be allocated to the landfill, with 300 acres for support facilities, and the remaining 2,470 acres to be a buffer area. When fully operating, the landfill will receive up to 21,000 tons of garbage per day, contained in closed containers and transported primarily by train from Southern California counties. At completion, the landfill will rise an estimated 370 to 380 feet above the original ground level.
Atchison, Topeka, and Santa Fe Railway Company, Inc. owns the majority of the landfill site land. The federal government owns, and the United States Bureau of Land Management (BLM) manages, 1,600 acres of the landfill site property. The project thus requires a land exchange, an amendment to the California Desert Conservation Area Plan, and both county and federal government approval.
Nearby, approximately one mile east of the landfill site, Cadiz owns 26,000 acres of agricultural land. Of this land, 1,440 acres contains vineyards and citrus orchards, which are approximately four to five miles east of the landfill site. In 1993, the County certified an EIR and approved a general plan amendment reclassifying 9,600 acres of Cadiz's land as agricultural land, thus allowing for expansion of Cadiz's existing agricultural operations. The newly designated agricultural land is approximately two miles east of the proposed landfill site.
Cadiz uses the groundwater in an aquifer underlying the landfill and Cadiz's land for its agricultural operations, and also intends to extract the groundwater and sell it to the Mojave Water Agency (MWA). In January 1994, Cadiz and MWA entered into a memorandum of understanding in which Cadiz and MWA agreed that Cadiz “is willing to sell a portion of such surplus water to MWA on a long-term basis, provided mutually satisfactory terms and conditions for a sale can be reached․” Cadiz and MWA further agreed “to work together in good faith and without delay during the next six months to engage in preliminary planning studies for a proposed contract for the purchase by MWA from [Cadiz] of a minimum of 30,000 acre-feet per year of water” at a price to be agreed upon, and that a final contract would be entered into following compliance with CEQA.
Meanwhile, in 1991 Rail applied for a conditional use permit and related amendments to the County's general plan for the purpose of constructing the landfill. An EIR and environmental impact statement (EIS) were prepared 6 pursuant to CEQA and the National Environmental Policy Act.7 The County was designated the lead agency in preparing the EIR/EIS. In August 1991, the County Planning Department issued a notice of preparation of a joint EIR/EIS.8
In November 1992, the draft EIR/EIS (DEIR) was circulated to the public and governmental agencies for review and comment. During the 90-day review and comment period, BLM held three public hearings. The County and BLM decided to prepare a supplement to the DEIR (SEIR), responding to issues not fully addressed in the DEIR. In December 1993, the County distributed to the public and governmental agencies the SEIR for review and commentary. Rail submitted various technical reports considered in preparation of the SEIR. A final EIR/EIS (FEIR) was circulated in July 1994. It included the DEIR, SEIR, and responses to public comments on the DEIR and SEIR. A mitigation monitoring and compliance program was also prepared. After a series of public hearings, the County Planning Commission (CPC), on November 21, 1994, recommended board approval of Rail's landfill project and certification of the EIR.9
Cadiz appealed the CPC's decision to the County Board of Supervisors (Board), and in May 1995 the Board held public hearings on Rail's landfill applications and Cadiz's appeal. Additional technical reports were submitted to the Board and expert testimony was provided during the Board's hearings on Cadiz's appeal.
On November 21, 1995, the Board denied Cadiz's appeal and certified the EIR. On November 28, 1995, the Board approved, by a 3-2 vote, Rail's application for a conditional use permit (CUP) to build the landfill; approved general plan amendments to designate a portion of the dump site as “resource conservation” land and to identify the site as a landfill on the infrastructure overlay map of the general plan; and approved a County “business agreement” with Rail, whereby Rail agreed to pay a “business license tax” to the County, subject to voter approval of the tax. The tax was estimated to generate $24 to $30 million annually in County revenues.
In December 1995, Cadiz filed a petition for writ of mandate and a complaint against Rail, the County, the Board, Board Supervisors Marsha Turoci, Barbara Riordan, and Jerry Eaves, and County employee, Philip Smith (County defendants), for declaratory relief, taking of property without just compensation, and deprivation of civil rights under Title 42 United States Code section 1983. The first, second, third and fourth causes of action sought mandamus relief to reverse the Board's action approving the landfill. The trial court severed these causes of actions from the remaining damages claims, and set a hearing on the writ claims.
Following a four-day hearing on Cadiz's writ of mandamus claims, the trial court issued a detailed statement of decision and supplemental statement of findings, denying Cadiz's petition for writ of mandamus relief.
The County defendants and Rail then brought summary judgment motions as to the remaining damages claims. The trial court granted the motions, and entered judgment in favor of Rail and the County defendants. The court found that Cadiz's procedural due process claims were not ripe because Cadiz had not suffered any immediate, concrete injury since there had not been voter approval of the business license tax. An election for voter approval of the business license tax was held in March 1996. The voters rejected the tax, and as of the date of the trial court's ruling on the County and Rail's summary judgment motions, the business license tax had not been approved.10 The trial court denied County's request for attorneys' fees.
II. EIR Standard of Review
Cadiz challenges the adequacy of the EIR under CEQA. In considering whether the EIR is in compliance with CEQA, we are reminded that “ ‘The foremost principle under CEQA is that the Legislature intended the act “to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.” ’ [Citations.] [¶] The EIR has been aptly described as the ‘heart of CEQA.’ ([Cal. Code Regs., tit. 14,] Guidelines, § 15003, subd. (a)․)” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 563-564, 276 Cal.Rptr. 410, 801 P.2d 1161, fn. omitted.) CEQA's purpose is to inform the public and its governmental officials of the environmental consequences of their decisions before they are made. (Id. at p. 564, 276 Cal.Rptr. 410, 801 P.2d 1161.) “Thus, the EIR ‘protects not only the environment but also informed self-government.’ (Laurel Heights, supra, 47 Cal.3d at p. 392 [253 Cal.Rptr. 426, 764 P.2d 278].)” (Citizens of Goleta Valley, supra, at p. 564, 276 Cal.Rptr. 410, 801 P.2d 1161.)
“Because the EIR must be certified or rejected by public officials, it is a document of accountability. If CEQA is scrupulously followed, the public will know the basis on which its responsible officials either approve or reject environmentally significant action, and the public, being duly informed, can respond accordingly to action with which it disagrees. [Citations.] The EIR process protects not only the environment but also informed self-government.” (Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 392, 253 Cal.Rptr. 426, 764 P.2d 278; Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at p. 564, 276 Cal.Rptr. 410, 801 P.2d 1161.)
In reviewing agency actions under CEQA, including findings of adequacy of information contained in the EIR, our inquiry “ ‘shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.’ Thus, the reviewing court ‘ “does not pass upon the correctness of the EIR's environmental conclusions, but only upon its sufficiency as an informative document.” ’ (Laurel Heights, supra, 47 Cal.3d at p. 392, 253 Cal.Rptr. 426, 764 P.2d 278, quoting County of Inyo v. City of Los Angeles (1977) 71 Cal.App.3d 185, 189, 139 Cal.Rptr. 396.) We may not set aside an agency's approval of an EIR on the ground that an opposite conclusion would have been equally or more reasonable. ‘Our limited function is consistent with the principle that “The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind. CEQA does not, indeed cannot, guarantee that these decisions will always be those which favor environmental considerations.” ’ (47 Cal.3d at p. 393, 253 Cal.Rptr. 426, 764 P.2d 278, quoting Bozung v. Local Agency Formation Com. (1975) 13 Cal.3d 263, 283, 118 Cal.Rptr. 249, 529 P.2d 1017.) We may not, in sum, substitute our judgment for that of the people and their local representatives. We can and must, however, scrupulously enforce all legislatively mandated CEQA requirements.” (Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at p. 564, 276 Cal.Rptr. 410, 801 P.2d 1161.)
“ ‘In applying the substantial evidence standard, “the reviewing court must resolve reasonable doubts in favor of the administrative finding and decision.” ’ (47 Cal.3d at p. 393, 253 Cal.Rptr. 426, 764 P.2d 278.) The appellate court's role ‘is precisely the same as the trial court's,’ and lower court's findings are not ‘conclusive on appeal.’ (Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065, 1076 [230 Cal.Rptr. 413].)” (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 721-722, 32 Cal.Rptr.2d 704.)
III. Adequacy of EIR Discussion of Landfill Environmental Setting and Impacts
Cadiz contends the EIR should not have been certified because the EIR failed to provide an adequate discussion of the landfill project's environmental setting and potential environmental effects.
An EIR must describe the physical conditions and environmental resources within the project site and in the project vicinity, and evaluate all potential effects on those physical conditions and resources. (CEQA Guidelines, §§ 15125 and 15126.2, subd. (a) 11 ; County of Amador v. El Dorado County Water Agency (1999) 76 Cal.App.4th 931, 952, 91 Cal.Rptr.2d 66.)
The EIR must describe environmental conditions in the vicinity of the project, “as they exist at the time the notice of preparation is published, or if no notice of preparation is published ․ from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to an understanding of the significant effects of the proposed project and its alternatives.” (CEQA Guidelines, § 15125, subd. (a).)
Subdivision (c) of CEQA Guidelines section 15125 notes that “Knowledge of the regional setting is critical to the assessment of environmental impacts․ The EIR must demonstrate that the significant environmental impacts of the proposed project were adequately investigated and discussed and it must permit the significant effects of the project to be considered in the full environmental context.”
According to CEQA Guidelines section 15126.2, “Direct and indirect significant effects of the project on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the resource base such as water, historical resources, scenic quality, and public services.”
The standard of adequacy of an EIR is further defined in CEQA Guidelines section 15151 as follows: “An EIR should be prepared with a sufficient degree of analysis to provide decisionmakers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure.” (CEQA Guidelines, § 15151.)
“ ‘[T]he ultimate decision of whether to approve a project, be that decision right or wrong, is a nullity if based upon an EIR that does not provide the decision-makers, and the public, with the information about the project that is required by CEQA.’ ” (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus, supra, 27 Cal.App.4th at pp. 721-722, 32 Cal.Rptr.2d 704, quoting Santiago County Water Dist. v. County of Orange (1981) 118 Cal.App.3d 818, 829, 173 Cal.Rptr. 602.) If the description of the environmental setting of the project site and surrounding area is inaccurate, incomplete or misleading, the EIR does not comply with CEQA. (San Joaquin Raptor, supra, at p. 729, 32 Cal.Rptr.2d 704.) “Without accurate and complete information pertaining to the setting of the project and surrounding uses, it cannot be found that the FEIR adequately investigated and discussed the environmental impacts of the development project.” (Ibid.)
A. Adequacy of EIR Discussion of Nearby Agriculture and Related Project Impacts
Cadiz complains that the EIR does not adequately discuss Cadiz's existing and approved future agricultural operations other than briefly mentioning them in the DEIR.
The DEIR states in the chapter entitled “Affected Environment” that “[r]esidential, military, agricultural, and wilderness land uses are located five or more miles away” from the landfill site. The DEIR further states in the same chapter, in a section entitled “Agriculture” that “The primary agricultural activity in the region is Pacific Agriculture Holdings, Inc. (Pacific Agriculture) [also known as Cadiz 12 ], a grape and citrus growing industry with fields situated south of Cadiz between Bolo Station and Cadiz Valley Alternative sites. Pacific Agriculture currently has 1,440 acres of privately held land in crops, including 800 acres in table grapes and 640 acres in citrus. Permanent staff live in trailer homes on the northeastern periphery of Cadiz, while seasonal workers are temporarily housed south of Cadiz. Wells supply water for irrigation and domestic needs. The agribusiness has filed applications with the County for expansion of agricultural development into an additional 3,840 acres of privately held land (six sections) and development of housing and other facilities elsewhere in the vicinity, raising the potential size of the Pacific Agriculture site to 9,600 acres (15 sections of privately held land).”
Rail argues that these DEIR references, as well as various other references to agriculture in the SEIR and FEIR, adequately discuss nearby agricultural uses and impacts in accordance with CEQA. We agree.
In addition to the DEIR references noted above, the DEIR also mentions that Cadiz has two water wells for irrigation 6.5 miles east of the landfill site; Cadiz's “farm near [the town of] Cadiz represents the only sensitive vegetation receptor”; and the proposed action is not likely to result in unacceptable health risks or have significant impacts upon sensitive vegetation. The DEIR also mentions, in discussing cumulative impacts, that Cadiz had a pending application for a proposed project which would increase the area of its agricultural operation from 1,440 to 9,600 acres, “including: [¶]-Additional agricultural lands. [¶]-Permanent staff and seasonal workers housing facilities. [¶]-Pre-cooler/processing, maintenance shop, and containers facilities. [¶] Approximately 2,560 acres will be planted with citrus and the remaining with table grapes. The project is expected to be phased over a five-to ten-year period.” 13
During the DEIR 90-day circulation period (December 4, 1992, to March 3, 1993), Cadiz complained at BLM public hearings (February 8, 10, and 11, 1993) and submitted written comments asserting that the DEIR failed to address adequately significant environmental impacts on Cadiz's agricultural and groundwater interests.
The SEIR included responses to these comments. It acknowledged that Cadiz was proposing to expand its 1,440 acre vineyard and citrus orchard to 9,600 acres over 10 to 15 years, and that this would result in the use of increased groundwater for irrigation, which might result in overdraft of the basin. The SEIR further noted that the landfill's use of groundwater would add to this unavoidable significant adverse impact, and that the landfill's use of 4,870 acres, along with Cadiz's 9,600-acre agricultural expansion, would result in a cumulative impact of removing approximately 14,500 acres from existing land use as open space.
In response to the SEIR, Cadiz submitted additional written comments by letter dated February 17, 1994. Cadiz complained that the landfill project was incompatible with Cadiz's agricultural operations and that the EIR failed to evaluate Cadiz's County-approved agricultural expansion project. Cadiz also complained that the DEIR/SEIR failed to provide any evidence supporting its conclusion that the project would have no significant impacts on public health and safety. Cadiz noted its concerns regarding potential contamination of its grapes and citrus, impacts on Cadiz's workers, and potential contamination of the groundwater underlying its land. Cadiz claimed its agricultural site is free of traditional agricultural pests, resulting in minimal use of pesticides but the landfill will detrimentally impact the marketability of Cadiz's produce because of the landfill introducing pests and disease which would necessitate increased use of pesticides. Cadiz further complained that proposed mitigation measures were inadequate.
Following receipt of Cadiz's comments to the SEIR, an agricultural impact report was prepared by Edwin A. Barnes III, Ph.D., in response to Cadiz's complaint that the landfill would introduce agricultural pests and disease which had been nonexistent in the area. Barnes concluded in his report that the proposed landfill would “have minimal, if any, impact on existing or proposed agriculture in the area.”
The FEIR summarized issues raised in Barnes's report and noted that “The report addressed the potential for insect/nuisance vectors to be introduced into agricultural zones․” The FEIR also contained related mitigation measures, and concluded that, based on Barnes's report, findings and mitigation measures, the marketability of Cadiz produce was not expected to be affected by the landfill.
In addition to the DEIR, SEIR and FEIR addressing impacts on Cadiz's agricultural operations, the EIR also discusses in general terms the potential environmental impacts of the landfill increasing the presence of insects, rodents and other pests.14 Related mitigation measures are also included in the EIR.
We conclude the EIR adequately discusses the existing agricultural setting and potential significant environmental effects of the landfill project on Cadiz's agricultural operations. (CEQA Guidelines, § 15125, subd. (a).) Although the information contained in the DEIR regarding Cadiz's agricultural operations is sparse, the SEIR sufficiently supplements the DEIR with additional information regarding Cadiz's agricultural operations.
Cadiz argues, in reliance on Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997) 60 Cal.App.4th 1109, 71 Cal.Rptr.2d 1, that the landfill EIR's discussion of Cadiz's agricultural land is inadequate because additional information contained in the FEIR cannot be considered in determining the adequacy of the DEIR description of the environmental setting under CEQA Guidelines section 15120, subdivision (c).15 Cadiz's reliance on Galante is misplaced. In Galante the Monterey Peninsula Water Management District prepared and published a DEIR, supplemental draft EIR, and FEIR in furtherance of building a dam and reservoir on the Carmel River. In response to the FEIR, individuals submitted written comments and complained at a public hearing that the FEIR did not adequately address the environmental impacts on the local vineyards. Nevertheless, the water district's board of directors certified the FEIR, and later received two addendums to the EIR which were certified and included as part of the EIR.
The trial court issued a peremptory writ of mandate ordering the water district to set aside certification of the FEIR and approval of the dam and reservoir project, and ordered a focused supplemental EIR on viticultural issues before reconsideration of permit approval for the project. On appeal, the Galante court affirmed the trial court ruling on the grounds the generalized reference to the local vineyards in the EIR 16 constituted an inadequate description of the environmental setting for the project, thereby precluding a proper analysis of the project's impacts. (Galante Vineyards v. Monterey Peninsula Water Management Dist., supra, 60 Cal.App.4th at pp. 1122, 1124, 71 Cal.Rptr.2d 1.)
The instant case is distinguishable from Galante. Here, the SEIR discussed in sufficient detail Cadiz's existing and anticipated agricultural operations and related potential impacts. Also, Barnes's investigation report focusing on such issues was prepared, considered, and discussed in the FEIR. Mitigation measures addressing pests and disease vectors were also considered and adopted.
Cadiz complains that the EIR minimizes Cadiz's proximity to the landfill site by stating that the site is miles away from Cadiz's existing agricultural operation.17 But then Cadiz asserts that, regardless of the actual distance between the landfill and Cadiz's land, the distance is immaterial because the potential impacts are regional in scope.
We conclude the EIR adequately discloses the actual distance between Cadiz's existing agricultural operation and the landfill site. Various maps included in the EIR and in technical background reports referenced in the EIR show Cadiz's land in relation to the landfill site. The landfill DEIR, SEIR and FEIR disclose that, although at the time of publication of the DEIR, SEIR and FEIR, Cadiz owned land one mile east of the landfill site, that land was not being used for agriculture. The EIR further states that Cadiz's existing agricultural land was four to five miles from the landfill. The SEIR and FEIR also reveal that the agricultural land, which was the subject of Cadiz's proposed agricultural expansion project, was approximately two miles from the landfill site.
The EIR adequately discusses Cadiz's agricultural operations and related potential landfill effects. We further conclude the EIR's conclusions regarding potential effects on agricultural uses are supported by substantial evidence.
B. Adequacy of EIR Discussion of Groundwater and Related Landfill Effects
Cadiz complains that the EIR fails to address the volume of groundwater contained in the aquifer underlying the landfill site, and the potential effects of the landfill on the groundwater. The “summary of environmental setting” does not mention groundwater. Cadiz also complains that the EIR does not mention the potential beneficial future uses of the water, such as future use of the water to supply Southern California counties with surplus water. And, Cadiz claims the EIR erroneously assumes the groundwater “recharge rates” are only 2,200 acre-feet per year and thus the aquifer may be in overdraft. Finally, Cadiz asserts that the EIR erroneously concludes the landfill does not pose a significant adverse impact on the groundwater.
1. Need for Discussion of Volume of Water in Aquifer
During the writ hearing, the trial court concluded “the exact quantity of the groundwater underlying the proposed site is not necessary for a meaningful environmental analysis, in this case. The EIR sufficiently discusses the most important aspects of the groundwater issues, which are, its presence, quality, drawdown and recharge rate, and protection measures. The record reflects significant discussion of these issues․” But the court acknowledged: “one of the problems I'm having with this whole thing is that the enormity of the aquifer as an entity was never really identified. That's the troubling part of that. I mean, just the twenty thousand acre-feet size of it, not identifying that would be considered close to not identifying the wetlands in San Joaquin Raptor [sic ].”
Although the EIR mentions that an aquifer containing potable water underlies the landfill site, and discusses factors such as groundwater recharge, groundwater downgradient, groundwater flow, change to slope of the water table (hydraulic gradient) due to pumping, risk of contamination, overdraft, projected drawdown, groundwater velocity, and cone of depression location, the EIR does not discuss the volume of water contained in the aquifer or the size of the aquifer. We thus conclude the EIR's discussion of the environmental setting is not in compliance with CEQA Guidelines section 15125.
Subdivision (c) of CEQA Guidelines section 15125 states that “Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region and would be affected by the project. The EIR must demonstrate that the significant environmental impacts of the proposed project were adequately investigated and discussed and it must permit the significant effects of the project to be considered in the full environmental context.”
Despite the landfill EIR's enormity and the length of time devoted to preparing it, the EIR is not in compliance with subdivision (c) of CEQA Guidelines section 15125 because the EIR does not discuss the volume of the aquifer groundwater, particularly potable water, which is a valuable and relatively scarce resource in the region.18 The EIR does not provide a sufficient description of the environmental setting or adequate information for the public and governmental agencies to evaluate whether the landfill presents a significant adverse impact on the groundwater contained in the aquifer. In order to weigh and evaluate the risk of groundwater contamination, the volume of water subject to contamination is required. Although the CPC and Board conclude the rechargeability of the aquifer water is relatively low and the aquifer is in overdraft, without knowing the volume of water in the aquifer, it cannot be determined how soon depletion will occur. In turn, an informed decision cannot be made as to whether it is worth taking the risk of subjecting a valuable water source to contamination.
The EIR recognizes the possibility of groundwater contamination but concludes it is highly unlikely and, thus, not a significant adverse impact. The EIR states that, in the event of liner leakage, the landfill monitoring and remediation measures would prevent any serious contamination to the groundwater.
During Cadiz's appeal of the CPC's recommendation to approve the EIR, County staff prepared for the Board a report noting the following: Cadiz “has made statements during the EIR process, during the Planning Commission's hearings, and during the Board of Supervisors' hearings regarding the potential for the landfill liner system to fail resulting in the contamination of groundwater. The EIR found that, due to the liner system proposed for Bolo Station, there is only a minimal possibility that groundwater could be contaminated. In the unlikely event of a release through the double liner system, the unsaturated zone monitoring system that would be installed beneath the entire landfill, in conjunction with perimeter monitoring wells, would detect such a release before it could travel offsite. Also, as discussed in the EIR, in the unlikely event of a release, there are known, proven technologies available to mitigate the groundwater impacts that could occur.” (Italics added.) County Planning Department staff also acknowledged that they could not guarantee that the liner system would not eventually leak.
According to Williams's report, the aquifer groundwater flow is subject to change upon increasing the amount of water withdrawn from the aquifer and alteration of the cone of depression. Williams's May 9, 1995, groundwater report states that the cone of depression in the groundwater table will reverse direction of groundwater flow due to Cadiz's expanded agricultural development. The need for increased groundwater extraction will cause the groundwater to flow from the landfill site toward Cadiz's property. Williams predicts that leachate from the landfill could reach Cadiz's wells within five years.
Even assuming, as the EIR does, that the aquifer is in overdraft and will dry up, it is not possible to determine how soon and, hence, whether the existing groundwater is worth protecting, without knowing how much water is in the aquifer. The risk of contamination cannot be weighed against the need to maintain an uncontaminated source of water. For instance, if the water source is depleted within 10 years, then the fact that the liners have only been tested for a 10-year period and might leak thereafter is an insignificant risk. Also, if there is currently little water in the aquifer, the impact of contaminating a relatively small amount of water might be considered not as great a loss as contaminating a voluminous source of drinking water capable of sustaining a large number of people for many years.
An estimate of the volume of groundwater in the aquifer is critical to a well-informed determination of whether the risk of groundwater contamination is worth taking. It would be reasonable to assume that if a large volume of drinking water and/or water suitable for other domestic, industrial, and agricultural uses were subject to contamination, the lead agency evaluating the project would be less inclined to approve such a project and the public might vociferously object to the project.
Certainly the public has a right to know whether a large source of water, which may be used for drinking water 19 and other domestic uses, is being subjected to potential contamination. “Because the EIR must be certified or rejected by public officials, it is a document of accountability. If CEQA is scrupulously followed, the public will know the basis on which its responsible officials either approve or reject environmentally significant action, and the public, being duly informed, can respond accordingly to action with which it disagrees. (People v. County of Kern (1974) 39 Cal.App.3d 830, 842, 115 Cal.Rptr. 67; Guidelines, § 15003, subd. (e).) The EIR process protects not only the environment but also informed self-government.” (Laurel Heights Improvement Assn. v. Regents of University of California, supra, 47 Cal.3d at p. 392, 253 Cal.Rptr. 426, 764 P.2d 278.)
Here, the amount of groundwater at stake must be disclosed to the public and governmental agencies. As the years pass, it is anticipated that the public's demand for water will increase and the potable water contained in the aquifer, if any, will increase in value. It must also be recognized that as time passes and the landfill facilities age, the likelihood of leakage and contamination of the underlying groundwater will increase (even after the landfill ceases operation in 60 to 100 years). Hence, knowledge of the amount of groundwater in the aquifer is crucial to determining approximately when the groundwater will be depleted, assuming the CPC and the Board's findings are accurate that the aquifer is in overdraft.
Williams's study, report and testimony, as well as Cadiz's EIR's discussion of the aquifer water volume, show that the landfill EIR could have included an estimate of the groundwater volume in the aquifer. Following Williams's testimony and submission of his report, which contained an estimate of the volume of water in the aquifer, the County should have revised the EIR to include such information, along with a discussion of the estimated date of depletion of the aquifer water. While the record indicates that the Board considered Williams's report and nevertheless concluded the information did not change its view that it should certify the EIR, the EIR should have been revised and recirculated for purposes of informing the public and governmental agencies of the volume of groundwater at risk and to allow the public and governmental agencies to respond to such information.20
The EIR's failure to address the volume of groundwater in the aquifer constitutes prejudicial error. “A prejudicial abuse of discretion occurs if the failure to include relevant information precludes informed decisionmaking and informed public participation, thereby thwarting the statutory goals of the EIR process.” (Concerned Citizens of South Central L.A. v. Los Angeles Unified School Dist. (1994) 24 Cal.App.4th 826, 838, 29 Cal.Rptr.2d 492; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 712, 270 Cal.Rptr. 650; see also Pub. Res.Code, § 21005, subd. (a).21 )
Here, the EIR fails to include significant information. The lack of information regarding the volume of the water in the aquifer thwarted the goals of the EIR process by not disclosing to the public and government agencies critical information necessary to evaluate the significance of the landfill's impact on a valuable resource, that of potable water in an arid region. Such deficiency in the EIR constitutes prejudicial error, thereby requiring reversal of the trial court's ruling on Cadiz's writ claims and issuance by the trial court of a writ of mandate setting aside the County's certification of the EIR.
2. Potential Adverse Effect of Liner Leakage On Groundwater
Cadiz argues that the EIR incorrectly concludes that groundwater contamination was not a significant adverse impact. Groundwater contamination, according to Cadiz, should have been discussed and identified as an unavoidable risk of the landfill project. Cadiz notes that Williams testified at the May 9, 1995, Board hearing that only four drops of contaminants from the landfill would render the water in an average size swimming pool unfit to drink.
Since we conclude that the EIR failed to provide critical information regarding the estimated volume of groundwater at risk, and revision and recirculation of the EIR is thus necessary, determination as to whether there was substantial evidence in the EIR supporting the County's determination that contamination was not a significant adverse impact is premature. The record indicates that it is undisputed that there is a possibility of liner leakage at some point. The EIR identifies groundwater contamination as a potential impact and includes, as a mitigating measure, up to $10 million in indemnification for third-party remediation of any contamination of groundwater. There is also evidence that groundwater contamination is possible, although there is evidence that implementation of EIR mitigating measures greatly diminishes that possibility. Since the degree of significance of the adverse effect of groundwater contamination is impacted by the volume of the groundwater resource at stake, it would be premature for us to decide the issue of whether the EIR's designation of the impact as insignificant constitutes reversible error.
3. Change In Groundwater Flow
Cadiz argues that the County should have revised and recirculated the EIR after receiving Williams's May 9, 1995, report because the report contained significant new information that the groundwater flow would change and flow towards Cadiz's land and wells as a result of Cadiz's anticipated increased groundwater pumping for its extended agricultural operations. Williams concluded that contaminants could reach Cadiz's wells in less than five years. This conclusion contradicted the FEIR comments response which states that it was “physically impossible for any subsurface contamination from the landfill site to affect agricultural properties or any other use of fresh water in the basin. Ground water does not move from the landfill site toward [Cadiz] properties.”
Disclosure of Williams's conclusions regarding water flow in the direction of Cadiz's land after the CPC's decision to approve the EIR did not require EIR revision and recirculation. The change in water flow was considered and addressed in the EIR. Although the EIR concludes the groundwater flow was currently flowing south and/or in a southwesterly direction, away from Cadiz's land, there is ample discussion in the EIR of factors impacting the direction of the flow, and recognition that it could change with a change in water pumping.
The Mitigation, Monitoring and Compliance Program addresses such possible change in water flow as follows: “An outpost ground water monitoring well shall be installed easterly of the landfill to detect leachate contamination of the underlying ground water and potential offsite migration in the event of a release from the leachate containment system․ Additional monitoring wells shall be installed on the easterly downgradient area at intervals and specific locations to be determined by the County Geologist if and when the natural ground water gradient is altered causing a reversal of natural flow in an easterly direction.”
Disagreement among experts does not constitute grounds for overturning an EIR. (Laurel Heights Improvement Assn. v. Regents of University of California, supra, 47 Cal.3d at p. 408, 253 Cal.Rptr. 426, 764 P.2d 278.) And under CEQA Guidelines section 15126.2, “In assessing the impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published.”
The County was not required to revise and recirculate the EIR based on Williams's conclusion that Cadiz's future expansion of its agricultural operations would change the water flow due to increased water pumping.
C. Adequacy of Description of Geologic Setting
Cadiz contends the EIR's discussion of the landfill's geologic conditions is inadequate as to (1) fissures, (2) lineament A, (3) potential on-site faults, and (4) the off-site South Bristol Mountains Fault. Cadiz claims these geologic conditions are significant because they may lead to rupture of the landfill liners, which in turn may lead to groundwater contamination.
1. Fissures
Cadiz asserts that the DEIR completely ignored fissure systems located in close proximity to the landfill site, and although the FEIR mentions them in appendix D,22 their significance is not discussed in any document circulated for public review.
According to a report cited in the DEIR and SEIR, entitled “Phase II, Geologic, Hydrogeologic and Geotechnical Site Characterization Study, Bolo Station Facilities,” by Jacobs Engineering Group Inc., the presence of fissuring “may be the surface expression of a fault.” The DEIR states that “Based on the studies conducted to date (e.g., aerial photo reviews, records and literature search, site reconnaissance, geologic mapping), no active or potentially active faults are known to be within or trending towards the Bolo Station site, and therefore, no impact is expected․” The DEIR further states that to ensure against undetected seismic activity at the site, a supplemental site verification study involving geophysical surveys and geologic mapping will be required, and will include a fracture trace analysis from aerial photographs of the region. The DEIR concludes that the largest potential source of earthquake activity is the Ludlow Fault 15 miles away, and the landfill is designed to withstand seismic activity from this fault.
The SEIR also discusses faulting and seismicity in the area, noting that the Mojave Desert is characterized by a series of “northwest trending, right lateral, strike-slip faults,” concentrated primarily “in the central to southwest portion of the Mojave Desert and become more diffuse and poorly defined in the eastern portions of the desert” where the landfill is located, and that “Additional research and field exploration conducted to evaluate the potential presence of Holocene faulting and buried gravel channels did not yield any evidence to suggest the presence of these features.”
Based on two geologic reports, the SEIR concludes there is no evidence of site faulting or surficial evidence of faults in the area. The two reports were prepared for Rail by Jacobs Engineering Group Inc., and are entitled “Phase I, Geologic, Hydrogeologic and Geotechnical Site Characterization Study, Bolo Station Facilities” (Phase I report), dated October 1990, and “Phase II, Geologic, Hydrogeologic and Geotechnical Site Characterization Study, Bolo Station Facilities,” dated December 1991 (Phase II report). The reports are referenced in the DEIR and SEIR as background reports relied upon in the DEIR and SEIR, and were made available for review upon request.
The Phase II report states: “Lineaments and fissures in the vicinity of the project site were identified as a part of the site geology interpretation and seismic hazard analysis․ Fissures are surface fractures that can be observed in the field. Lineaments and fissures are investigated because of the possibility that they may be the surface expression of a fault. [¶] With one exception, no lineaments or fissures were identified within the proposed site by this investigation. The fissure that extends into the project area is not considered significant (see southeast corner of Plate 4-1 [regional geologic map] ). The characteristics and occurrence of the observed ground fissures and lineaments in the site vicinity are described in the following sections.” Various fissures were further discussed in the report.
After circulation of the SEIR, an additional study was provided, which was attached as Appendix D to the FEIR. It is entitled “Analysis of Geologic Issues Related to Seismic Risk on the Proposed Rail-Cycle Bolo Station Landfill Near Amboy,” is dated March 31, 1994, and is by Gary S. Rasmussen & Associates, Inc., a Rail consultant. The report states that its purpose is to provide an independent review of seismic risks associated with the landfill by analyzing the geologic issues, data, and conclusions contained in the DEIR, SEIR, and related reports. The report mentions fissures in the area and notes the possibility of future propagation of fissures in the area. The report concludes that the DEIR/SEIR “seismic analysis, including ground shaking and ground rupture of the site as described in the Draft EIR and Supplement to the Draft EIR, together with information described in this report, are considered to adequately describe the seismic risk to the site.” The report suggests that to mitigate the risk of undetected seismic impact on the landfill, additional surveying of the landfill during excavation of the cells could be done, and if active faulting is found at that time, setbacks of the cells 200 feet from any such faults could be implemented without adversely affecting the landfill.
Also provided in response to the SEIR, is a report dated February 1994, prepared by Roy Shlemon for Cargill Salt Co., stating that there are surface ground fissures near the southwest and southeast corners of the proposed landfill. The report notes that fissures may have been caused by settlement or ground subsidence from hydrocollapse (groundwater withdrawal) or seismic activity. The report is critical of the investigative trenching conducted in connection with the landfill project. It states: “It thus seems evident that the four, each less than 100-ft long, trenches emplaced across geophysical anomalies inherently did not expose the ‘numerous other GPR anomalies,’ some of which may well be subsurface fissures. Only deep, extensive and well documented trenching will resolve the potential subsurface fissure issue, investigations that have yet to take place. [¶] Regardless of their origin, many subsurface fissures may enlarge and ultimately become preferred pathways for possible contaminant flow.”
We conclude the EIR contains ample discussion and analysis of seismic activity, including faulting and fissures. Extensive geologic studies, mapping, and reports were provided. While some of the aerial photographs may not have been provided prior to certification of the EIR, this is not fatal to the EIR since the EIR adequately addresses the presence of fissures through other mapping, studies, investigation, and reports.
2. Lineament A
Lineament A is a visible 6,000 foot line of raised land, running north toward the landfill. The northernmost end is located approximately one mile south of the southwestern corner of the landfill. The FEIR concludes that “the follow-up investigations verify the findings and conclusions of the Draft EIR/EIS that there are no active or inactive faults within the vicinity of the proposed site or that tend towards the site.” Cadiz claims that lineament A may be an active fault and was not properly trenched to determine whether it is an active fault.
CEQA Guidelines section 15144 states that, “While foreseeing the unforseeable is not possible, an agency must use its best efforts to find out and disclose all that it reasonably can.” “Without accurate and complete information pertaining to the setting of the project and surrounding uses, it cannot be found that the FEIR adequately investigated and discussed the environmental impacts of the development project.” (San Joaquin Raptor/Wildlife Rescue Center, supra, 27 Cal.App.4th at p. 729, 32 Cal.Rptr.2d 704.) But “the lead agency is not required to conduct all suggested testing or experimentation.” (Id. at p. 728, 32 Cal.Rptr.2d 704.)
The DEIR identified lineament A as a possible fault trace requiring further investigation. The Phase II geologic report by Jacobs Engineering, referenced in the DEIR, states: “It is not clear at this stage whether lineament A is the result of groundwater withdrawal, a sedimentary contact, or a fault in underlying bedrock. [¶] Unequivocal interpretation of lineament A cannot be provided with current data. Lineament A, if found to be an active fault, could create two geologic hazards: displacement along the fault trace and ground shaking caused by earthquake. Therefore, exploratory trenching in at least two locations along lineament A ․ is recommended.”
Following circulation of the DEIR, additional geologic testing, investigation, and trenching was performed by Jacobs Engineering Group Inc. and by geology expert Thomas Rockwell, Ph.D., to evaluate further lineament A. Agency representatives from the California Regional Water Quality Control Board, State Water Resources Control Board, and San Bernardino County were present during the reconnaissance of lineament A. A trenching program was developed by Rail and various governmental agencies. In order to determine whether lineament A extended onto the landfill site, lineament A was trenched on the landfill site, directly beyond the northern end of the visible portion of the lineament. Jacobs Engineering excavated and logged four trenches, each about 60 to 100 feet long. The trenching indicated that lineament A did not extend onto the landfill site.
Three geologists provided expert opinion that lineament A was not fault-related. (Rockwell, Jacobs Engineering, and Gary Rasmussen.) Rasmussen further concluded that even if it were a fault, lineament A was not large enough to produce an earthquake in excess of 4.0, and the landfill was engineered to withstand even greater seismic activity since it was designed to withstand seismic activity from the Ludlow fault, which although farther away could cause a much stronger earthquake.
Rasmussen stated in his report that, if lineament A is a fault, the only real concern is whether it extends onto the landfill site. If it does, it could cause actual ground displacement, movement of the landfill structure, and rupture of the lining. This is why state law requires a landfill to be set back a minimum of 200 feet from a fault line.
Recognizing that the on-site trenching was not definitive, the County included in the FEIR a mitigation measure (Mitigation Measure G-8) which provides that during excavation for the landfill cells, subsurface geologic investigation shall be performed to determine whether there are any on-site faults under the landfill, and if a fault is discovered, no landfill cell shall be built within 200 feet of the fault location. This mitigation measure was recommended by the State Water Resources Board, as well as Rasmussen.
Cadiz claims lineament A was trenched in the wrong area. According to Cadiz, and several experts, lineament A itself should have been trenched, rather than trenching north of lineament A. We conclude there was substantial evidence in the record supporting the County's conclusion that further trenching was not necessary. There was ample evidence that lineament A was not an active fault and that it did not extend onto the landfill site. The location of the trenches was determined based upon expert opinion. According to expert opinion, the only real concern was whether, if lineament A was a fault, it extended onto the landfill site. Trenching indicated it did not, and therefore it was concluded that further trenching of lineament A off-site was not necessary. Furthermore, Mitigation Measure G-8 required additional geologic investigation performed at the time of the excavation of each landfill cell to confirm the absence of faults on the site.
While there may be conflicting opinion as to the need for additional trenching, this is not fatal to the EIR. “[T]he fact that there are differing opinions arising from the same pool of information is not grounds for holding the EIR inadequate ․ [¶] ‘[I]t is not required “that the body acting on an EIR correctly solve a dispute among experts.” All that is required is that in substance the material in the EIR be responsive to the opposition, particularly where opinion and not fact is in issue. [Citation.]’ ” (Greenebaum v. City of Los Angeles (1984) 153 Cal.App.3d 391, 413, 200 Cal.Rptr. 237.) “A court's task is not to weigh conflicting evidence and determine who has the better argument․ We have neither the resources nor scientific expertise to engage in such analysis, even if the statutorily prescribed standard of review permitted us to do so.” (Laurel Heights Improvement Assn. v. Regents of University of California, supra, 47 Cal.3d at p. 393, 253 Cal.Rptr. 426, 764 P.2d 278.)
In addition, the County was not required to exhaust all suggested testing before EIR certification (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus, supra, 27 Cal.App.4th at p. 728, 32 Cal.Rptr.2d 704), particularly since there was expert opinion indicating that further investigation was not necessary. “Just as an agency has the discretion for good reason to approve a project which will admittedly have an adverse environmental impact, it has discretion to reject a proposal for additional testing or experimentation.” (Society for California Archaeology v. County of Butte (1977) 65 Cal.App.3d 832, 838-839, 135 Cal.Rptr. 679.)
We conclude that there is substantial evidence supporting the finding that lineament A was adequately investigated and discussed in the EIR, and the County's decision not to require additional trenching before certifying the EIR does not constitute an abuse of discretion.
3. Potential Faults Under the Landfill Site
The FEIR concludes, based on various geologic reports and maps referenced in the FEIR, that the proposed landfill site is not located on any Holocene fault.23
After the EIR was certified, discovery conducted by Cadiz revealed that the firm that performed the investigative seismic studies, Rutter and Wilbanks Corp. (R & W), concluded in two May 1992 reports that as many as 27 faults may exist under the landfill site. These two reports were not mentioned in the FEIR.
Cadiz argues that the absence of the reports or any mention of their conclusions renders the EIR's discussion of the landfill project geologic setting inadequate and in violation of CEQA Guidelines section 15151. CEQA Guidelines section 15151 requires the EIR to summarize the main points of disagreement among experts as to the potential existence of faults under the landfill site.
Although R & W's finding that there may be 27 faults under the landfill site is not mentioned in the EIR, this is not fatal to the EIR because there is ample information provided regarding investigation, data, mapping of potential active faults under the landfill, and expert analysis regarding the existence of on-site active faults. R & W's seismic studies were discussed in the FEIR technical background report, entitled “Geophysical Survey Report,” prepared for Rail by Jacobs Engineering. Jacobs Engineering was not required to adopt R & W's conclusions, nor does Jacobs Engineering's report purport to do so. Jacobs Engineering's report merely states that the seismic surveys considered in Jacobs Engineering's review were provided by R & W. While R & W's report may have provided an additional analysis of the geologic data presented, there were ample reports by other experts referenced in the EIR, including reports containing views contrary to, and critical of, Jacobs Engineering's conclusions.
We conclude the EIR's discussion of potential faults on the landfill project site is adequate and nondisclosure of R & W's seismic survey conclusions is not fatal to the EIR.
4. The South Bristol Mountains Fault
Cadiz complains that the EIR erroneously and deceptively states that the nearest potentially active fault is 15 miles northwest of the landfill (the Ludlow fault), whereas the South Bristol Mountains Fault (Bristol fault) is four miles from the landfill site and should be referred to as a “potentially active” fault, as classified by the California Division of Mines and Geology (CDMG).
A CDMG 1994 report, entitled “An Explanatory Text to Accompany the Fault Activity Map of California and Adjacent Areas,” classifies the Bristol fault as a “quaternary fault,” and explains: “The terms ‘active,’ ‘potentially active,’ ‘capable,’ and ‘inactive,’ have been interpreted differently by geologists, seismologists, and agencies, depending on the purpose on hand. To avoid confusion, this Fault Activity Map does not use these terms. Instead, faults are classified according to the age of latest displacement and, hence, are as factual as the geologic data upon which the fault is based.” The report then states the various definitions of the terms ‘active,’ ‘potentially active,’ ‘capable,’ and ‘inactive.’ One definition of a potentially active fault is “any fault that showed evidence of surface displacement during Quaternary time” (the last 1.6 million years).
According to William A. Bryant, head of the Alquist-Priolo Earthquake Fault Zoning program of the CDMG, “ ‘faults having no evidence for surface displacement within Holocene time [within the last 11,000 years] are necessarily inactive. ․'Potentially active faults,’ defined strictly for purposes of the Alquist-Priolo Act, are those faults having evidence of surface displacement during Quaternary time (last 1.6 million years).' (emphasis added).”
In a memorandum dated June 8, 1995, to the Board, regarding the landfill EIR, County Geologist Wes Reeder defined an active fault as “one that has had surface rupture within Holocene time (within the last 11,000 years),” and an inactive fault as one which “has not moved during the Holocene. A potentially active fault is a fault with unknown Holocene activity. If it can be shown that a fault has not moved within the last 11,000 years (Holocene time), the fault is no longer considered potentially active, but inactive.” Reeder concludes in his memorandum that since there has been no seismic activity within the past 11,000 years, the Bristol fault is accurately classified in the EIR as an inactive fault.
Reeder further noted that “There has been much discussion and confusion with respect to fault activity as defined by the State Division of Mines and Geology (DMG).” Reeder stated that he discussed the matter with another expert who “concurs with the County's interpretation of fault activity definitions and indicates that it is in conformance with the intent of the Alquist-Priolo Earthquake Fault Zoning Act.”
There is substantial evidence in the record supporting the County's classification of the Bristol fault as inactive and there is ample discussion of the differing views and definitions of fault classifications and terms. The County geologist considered and rejected Cadiz's contention that the EIR erroneously classified the Bristol fault as inactive.
While there may be conflicting opinion as to whether the Bristol fault should be referred to as an inactive or potentially active fault, such dispute is not fatal to the EIR. The fact that there are differing expert opinions is not grounds for holding the EIR inadequate. All that is required is that the EIR be responsive to opposing viewpoints. (Greenebaum v. City of Los Angeles, supra, 153 Cal.App.3d at p. 413, 200 Cal.Rptr. 237; Laurel Heights Improvement Assn. v. Regents of University of California, supra, 47 Cal.3d at p. 392, 253 Cal.Rptr. 426, 764 P.2d 278.) We find no reversible error or deception in the EIR indicating that there is no active fault within 15 miles of the landfill site.
Cadiz further complains that, since the EIR did not rule out the possibility of seismic activity on the Bristol fault, the EIR should have considered the potential effects of such seismic activity on the landfill. Cadiz's contention is without merit since the EIR concludes the fault is inactive. CEQA Guidelines section 15145 states that, “If, after thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact.”
There is substantial evidence supporting a finding that there was a thorough investigation of the Bristol fault and that future seismic activity was too speculative for evaluation beyond that contained in the EIR. We thus conclude that there was no error in the EIR's not considering the potential effects of Bristol fault seismic activity on the landfill beyond that which was considered and discussed in the EIR.
D. Air Quality Impacts
Cadiz contends the EIR does not adequately identify and analyze air quality impacts, such as the impact of ozone and locomotive emissions on Cadiz's crops. The EIR acknowledges that the landfill will cause substantial additional emissions of oxides of nitrogen (NOx) and reactive organic gases (ROG) (ozone precursors 24 ), and will result in unavoidable worsening of ozone levels in the Southeast Desert Air Basin. The EIR nevertheless concludes this will not significantly impact Cadiz's agriculture.
1. Emissions From Landfill Operations
Cadiz argues that studies, as well as the County's general plan, recognize that excessive ozone levels cause crop damage, and Cadiz's Thompson Seedless Grapes crop is particularly sensitive to ozone. Cadiz claims there is no discussion of this impact in the EIR.
In the potential environmental impacts section of the DEIR, the DEIR states: “Air quality impacts may occur on a local scale as a result of air pollutant emissions from the proposed action. These impacts would result from the various emission sources associated with the landfill, including fugitive landfill gas, landfill flare, locomotives while at the site, and heavy-duty construction equipment․ The local study area (see Figure 1.2) encompasses the landfill facility and the surrounding area within a radius of approximately 10 kilometers. This area encompasses ․ Pacific Agriculture near Cadiz.”
The DEIR notes that the “primary regional impact of concern is that of the photochemical pollutant ozone,” and that “[t]he proposed action will result in substantial additional emissions with SEDAB [Southeast Desert Air Basin] of the two primary O3 [ozone] precursors: NOx and ROG. It is reasonable to expect that the frequency and magnitude of exceedances of the O3 standard in the project area will increase as a result of these emissions․ [T]he proposed action results in an approximate 4 percent increase in combined NOx and ROG emission in the SEDAB.” The DEIR acknowledges in the summary of potential environmental consequences, that the landfill effects on air quality related to the production of NOx and ROG emissions could not be reduced below a level of significance.
The DEIR further states as regards agriculture: “The land in the general area of the proposed action supports sparse vegetation. [Cadiz's] farm near [the town of] Cadiz represents the only sensitive vegetation receptor. Criteria pollutant modeling data ․ indicate that the incremental criteria pollutant impacts associated with the proposed action upon Pacific Agriculture are well below the primary and secondary NAAQS [National Ambient Air Quality Standards], which have been promulgated with an adequate margin of safety, to protect public health and welfare from known or anticipated adverse effects of a pollutant. In addition, the results of the multipathway health risk assessment summarized in Section 5.7.1.2.2 consider potential health risks associated with toxic air pollutant impacts upon crop ingestion. These analyses demonstrated that, even at the maximum impact location, the proposed action is not likely to result in unacceptable health risks.” The DEIR thus concludes that “the proposed action is not expected to result in a significant impact upon sensitive vegetation.”
The EIR adequately identifies and discusses the impact of NOx and ROG emissions on Cadiz's agriculture. While Cadiz may disagree with the EIR's conclusion that these pollutants are not expected to result in a significant impact upon Cadiz's agriculture, substantial evidence supports the conclusion and thus Cadiz's difference in opinion does not render the EIR inadequate. (Greenebaum v. City of Los Angeles, supra, 153 Cal.App.3d at p. 413, 200 Cal.Rptr. 237; Laurel Heights Improvement Assn. v. Regents of University of California, supra, 47 Cal.3d at p. 392, 253 Cal.Rptr. 426, 764 P.2d 278.)
2. Emissions From Locomotives
Cadiz complains that the EIR understates the estimated amount of ozone-producing nitrogen oxide emissions from locomotives. The EIR's estimates are based on the assumption that the California Air Resources Board (CARB) will adopt new locomotive emissions regulations. As a consequence, air emissions estimates were adjusted downwards. Although in 1991, CARB proposed to adopt new locomotive emissions regulations, CARB later withdrew its proposed regulatory plan and has not adopted new regulations.
Rail argues that under Public Resources Code section 21177, subdivision (a), Cadiz is precluded from arguing this on appeal because Cadiz failed to object during the EIR process that the EIR's calculation of locomotive emissions was improperly based on proposed but not enacted CARB regulations.
Public Resources Code section 21177, subdivision (a) provides that “No action or proceeding may be brought pursuant to Section 21167 unless the alleged grounds for noncompliance with this division were presented to the public agency orally or in writing by any person during the public comment period provided by this division or prior to the close of the public hearing on the project before the issuance of the notice of determination.”
According to the administrative record, Cadiz raised this matter during the administrative proceedings in a report entitled “Response to Presentation by Rail-Cycle Proponents to San Bernardino County Planning Commission,” dated October 28, 1994, submitted shortly before the CPC decided to recommend approval of the EIR. Cadiz also raised the issue by letter, dated February 23, 1995, to the Board, in support of Cadiz's appeal of the CPC's decision to recommend approval of the EIR. Hence, Cadiz did not waive the issue on appeal.
Although it was not improper to include in the EIR projections based on anticipated revisions to the applicable regulations, estimates based on current regulations were also required since the anticipated revised regulations had not yet been enacted. When addressing significant environmental impacts, according to CEQA Guidelines section 15126.2, subdivision (a), “An EIR shall identify and focus on the significant environmental effects of the proposed project. In assessing the impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published․”
Also, under CEQA Guidelines section 15144, “an agency must use its best efforts to find out and disclose all that it reasonably can.” The CEQA Guidelines section 15144 discussion comment states that “This section limits the requirement for forecasting to that which could be reasonably expected under the circumstances and is part of the effort to provide a general ‘rule of reason’ for EIR contents. [¶] In regard to forecasting, the Laurel Heights Court commented that an agency is required to forecast only to the extent that an activity could be reasonably expected under the circumstances. An agency cannot be expected to predict the future course of governmental regulation or exactly what information scientific advances may ultimately reveal. Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376 [253 Cal.Rptr. 426, 764 P.2d 278].)”
Here, DEIR emissions tables state the estimated maximum daily and annual landfill operations emissions from on-site and off-site locomotives, and locomotive idling. The tables include estimated NOx and ROG emissions. The DEIR also discusses the data contained in the tables, and acknowledges that “[T]he proposed action results in an approximate 4 percent increase in combined NOx and ROG emission in the SEDAB [Southeast Desert Air Basin].”
The SEIR adds that “Emissions associated with Rail-Cycle trains were based on data presented in the Draft EIR/EIS, and on current CARB plans to achieve emission reductions from locomotives in nonattainment air basins (CARB, 1992). For 1994, no emission reductions are projected. By 1998, the following emission reductions are projected: [¶]-NOx: 40 percent; [¶]-PM10: 10 percent; [¶]-Sulfur oxide (SOx): 84 percent; [¶]-ROG: 0 percent.”
The SEIR notes that “A review of the baseline emissions (i.e., those reported in the Draft EIR/EIS) was conducted and revisions made to several areas where updated information is available that makes a significant change in the estimated project emissions. Baseline emissions associated with the project are estimated to be substantially lower than those reported in the Draft EIR/EIS. The reductions in emissions are primarily the result of NOx emission controls on locomotives, as forecast by CARB.”
In addition, locomotive emissions data is contained in various background technical reports, including the “Addendum to: Air Quality Site Characterization Study,” dated October 1991, prepared by Jacobs Engineering Group Inc. for Rail; the “Air Quality Impact Analysis” report, dated February 1992, prepared by Jacobs Engineering Group Inc. for Rail; and “Supplemental Air Quality Analysis” report, dated May 1993, prepared by Rail.
The May 1993 Supplemental Air Quality Analysis report states in response to DEIR comments, that the County Air Pollution Control District (APCD) questioned whether the DEIR adequately addressed air quality mitigation measures and concluded that further measures should be added to the EIR. In response, Rail conducted additional analysis of air quality emissions and mitigation measures, and stated its findings and conclusions in the May 1993 Supplemental Air Quality Analysis report. The report notes that “Baseline emissions associated with the project are projected to be substantially lower than those reported in the DEIR/DEIS. The reductions in emissions are primarily the result of NOx emission controls on locomotives, as forecast by the California Air Resources Board.”
This indicates that the DEIR and supporting background technical reports disclosed emissions data and projections based on existing regulations, and the SEIR and May 1993 Supplemental Air Quality Analysis report provided calculations and projections based on the anticipated revised regulations.
We conclude the EIR's discussion of estimated locomotive emissions is not in violation of CEQA. The EIR, which includes both the DEIR and SEIR, includes locomotive emissions projections and data based on both the existing and anticipated revised regulations.
E. Potential Cumulative Impacts On Air Quality and Groundwater
Cadiz contends the EIR fails to quantify the project's cumulative impacts on air quality and groundwater, as is required under CEQA Guidelines section 15130, subdivision (b)(2).
The term “cumulative impacts” is defined in CEQA Guidelines section 15355 as “two or more individual effects which, when considered together, are considerable or ․ compound or increase other environmental impacts.” 25 A cumulative impact is also defined as “an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts.” (CEQA Guidelines, § 15130, subd. (a)(1).)
“The Guidelines require that an adequate cumulative impacts analysis include a list of the projects producing related or cumulative impacts, a summary of the expected environmental impacts from those projects and a reasonable analysis of the cumulative impacts of the relevant projects. (Guidelines, § 15130.)” (Kings County Farm Bureau v. City of Hanford, supra, 221 Cal.App.3d at p. 729, 270 Cal.Rptr. 650.)
CEQA Guidelines section 15130, subdivision (b)(2) states: “(b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided for the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness, and should focus on the cumulative impact to which the identified other projects contribute rather than the attributes of other projects which do not contribute to the cumulative impact. The following elements are necessary to an adequate discussion of significant cumulative impacts: [¶] ․ [¶] (2) A summary of the expected environmental effects to be produced by those projects with specific reference to additional information stating where that information is available․”
The EIR adequately discusses the project's cumulative impacts. Various projects are listed and briefly discussed. Table 6.1 in the DEIR, SEIR, and FEIR indicates whether each project will have a potential cumulative impact on air, water, and other environmental elements. The DEIR also contains a generalized discussion of air quality cumulative impacts, and makes reference to a more detailed discussion of air quality impacts in another section of the DEIR. The EIR (which includes the DEIR and SEIR), in conjunction with the background technical reports, contains detailed information regarding the current and projected quantity of toxic air emissions in the area.
While the discussion of groundwater cumulative impacts is also generally adequate, it may need to be revised since, as already discussed, the EIR fails to discuss the volume of water in the aquifer. We also note that at the time of revision of the EIR regarding groundwater volume, a more detailed discussion of the Mojave Water/Cadiz water project may be required.
IV. Conditional Use Permit and General Plan Amendment
Cadiz contends the County's decision to approve a conditional use permit (CUP) and general plan amendments for the landfill constitutes an abuse of discretion.
Rail requested amendments to the general plan and a CUP, along with EIR certification, for purposes of developing the proposed landfill. Despite Cadiz's objections, the County Planning Commission (CPC) recommended adoption of the proposed amendments, approval of the CUP, and certification of the EIR. Cadiz appealed without success to the Board, thereby exhausting its administrative remedies.
We realize this issue is moot due to this court reversing the trial court ruling denying Cadiz's writ petition, which will result in vacating EIR certification and CUP approval. Nevertheless we address Cadiz's contention challenging the CUP since, if we do not, the issue may be raised in a future appeal, after revision and recertification of the EIR.
A. Standard of Review
The County's decision to grant a CUP is an administrative or quasi-judicial act (Goat Hill Tavern v. City of Costa Mesa (1992) 6 Cal.App.4th 1519, 1525, 8 Cal.Rptr.2d 385). Judicial review must be in accordance with Code of Civil Procedure section 1094.5 26 (Goat Hill, supra, at p. 1525, 8 Cal.Rptr.2d 385), which requires the court to consider “whether the respondent has proceeded without, or in excess of jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Code Civ. Proc., § 1094.5, subd. (b); Topanga Assn. for a Scenic Community v. County of Los Angeles, supra, 11 Cal.3d 506, 514-515, 113 Cal.Rptr. 836, 522 P.2d 12.) “If an administrative decision substantially affects a fundamental vested right, the trial court must exercise its independent judgment on the evidence and find an abuse of discretion if the findings are not supported by the weight of the evidence. [Citations.] On appeal, we consider only whether the trial court's finding is supported by substantial evidence. [Citations.] If the decision does not substantially affect a fundamental vested right, the trial court considers only whether the findings are supported by substantial evidence in the light of the whole record.” (Goat Hill, supra, at pp. 1525-1526, 8 Cal.Rptr.2d 385.)
Cadiz argues that, at the trial court level, the independent judgment standard of review applied, whereas Rail argues that the substantial evidence test applies to trial court review.
The determination of whether granting a CUP substantially affects a fundamental vested right is made on a case-by-case basis. (Goat Hill Tavern v. City of Costa Mesa, supra, 6 Cal.App.4th at p. 1526, 8 Cal.Rptr.2d 385.) “ ‘In deciding whether a right is “fundamental” and “vested,” the issue in each case is whether the “ ‘affected right is deemed to be of sufficient significance to preclude its extinction or abridgment by a body lacking judicial power.’ [Citation.]” ' [Citation.] [¶] The courts have rarely upheld the application of the independent judgment test to land use decisions.” (Id., at pp. 1526-1527, 8 Cal.Rptr.2d 385.) The test typically applies to classic vested rights, such as the right to continued operation of one's business. (Id. at p. 1529, 8 Cal.Rptr.2d 385.)
In Gallegos v. State Bd. of Forestry (1978) 76 Cal.App.3d 945, 142 Cal.Rptr. 86, the Camp Meeker Improvement Association and several individuals asserted on appeal that they had a fundamental vested right in a lumber company not obtaining a timber harvesting license because the proposed logging operation posed an increased fire danger in the area and could cause irreparable harm to the water supply upon which appellants relied. The Gallegos court concluded that, although a fundamental right was involved, neither appellants nor the public had a present possessory, or vested right in the subject timberlands, and thus “It was not error for the trial court to apply the substantial evidence test in reviewing the factual findings of the board.” (Gallegos, supra, at p. 950, 142 Cal.Rptr. 86.)
Here, too, Cadiz does not have a present possessory, or vested right in the landfill project or site, which is the subject of the CUP and, hence, the substantial evidence test was the appropriate standard of review at the trial court level. We in turn must review the trial court's ruling denying Cadiz's writ petition based on whether the trial court's finding is supported by substantial evidence. (Goat Hill Tavern v. City of Costa Mesa, supra, 6 Cal.App.4th at p. 1525, 8 Cal.Rptr.2d 385; E.W.A.P., Inc. v. City of Los Angeles (1997) 56 Cal.App.4th 310, 325, 65 Cal.Rptr.2d 325.)
B. Sufficiency of Evidence Supporting CUP and Amendments
Cadiz argues that the County's decision to grant the CUP and approve general plan amendments must be set aside because the landfill is inconsistent with the County's general plan. The County approved a general plan text amendment and infrastructure/improvement overlay map change which allow a Class III solid waste landfill facility on the proposed landfill site. The County also approved an amendment permitting a land use district change from “undesignated” to “resource conservation” for the exchanged BLM lands, and approved a CUP to establish a waste-by-rail Class III municipal solid waste landfill.
Government Code section 65300 provides that “Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning.”
As explained in the County general plan, “Any amendment to the Plan text or maps must be reviewed by the Planning Commission and be adopted by the Board of Supervisors.” Any proposed amendment to the land use maps must be consistent with the criteria and conditions of the general plan text.
Also, pursuant to County Development Code section 83.030120, subdivision (d)(4), in order to approve a CUP the County must find that the “proposed use is consistent with the goals, policies, standards and maps of the General Plan and any applicable plan.” Cadiz claims the County's finding that the landfill was consistent with the general plan was not supported by substantial evidence.
The general plan notes that “ ‘The Land Use Element is the primary policy base for guiding the physical development of the privately owned unincorporated land in the County. The Land Use Element correlates all land uses issues into a set of coherent development policies.’ (General Plan, p. II-D6-2.)” The general plan further states that “The County shall provide for a ‘compatible and harmonious arrangement of land uses in the rural areas' and shall ‘support measures to preserve the soils essential to agriculture and encouraging the protection and preservation of open space for recreation uses.’ (General Plan, p. II-D6-4.)”
The proposed landfill action is conditioned upon the transfer to Rail of BLM land, which is part of the proposed landfill site. The BLM land to be transferred to Rail is designated as Class L land. Use of Class L land for a solid waste management facility is not consistent with the California Desert Conservation Area Plan and thus requires redesignation of the land. The approved amendments to the general plan transfer BLM land to Rail and redesignate the land as Resource Conservation land. The remaining landfill site land is already designated Resource Conservation land.
The general plan states that the purpose of designated Resource Conservation land is “[t]o encourage limited rural development that maximizes preservation of open space, watershed and wildlife habitat areas” and “[t]o establish areas where open space and nonagricultural activities are the primary use of the land, but where agriculture and compatible uses may coexist.”
Cadiz asserts that building a landfill on Resource Conservation land is inconsistent with the general plan's goals, policies, standards and maps of the County general plan and Development Code because, as stated in the EIR, the landfill is an “ ‘intensive, industrial-type use,’ ” and “ ‘the visual qualities of the site will be impacted resulting in the proposed action not being compatible with the Open Space Element of the County General Plan.’ ” The DEIR summary of impacts, mitigation measures, and unavoidable adverse impacts also stated that “The presence of the landfill will permanently change the visual character of the site, due to the establishment of an artificial mound on the flat desert floor and long-term, industrial activity in a rural portion of the desert. The illumination of the night sky will also change the visual character of the desert locale.”
Although the EIR concludes the landfill is not compatible with the open space element of the general plan because of the landfill's impact on the “visual qualities of the site,” the landfill is not necessarily inconsistent with the general plan. As noted in the EIR in its responses to Cadiz's comments regarding the County general plan, “the County General Plan's policies are designed to assure environmentally safe landfill development, which protects natural resources, and would indicate that, with implementation of required protective measures, landfills and agricultural lands are not incompatible uses. Furthermore, the environmental analysis conducted in this EIR/EIS does not identify significant impacts to surrounding land uses, or effects of the proposed landfill which would adversely affect [Cadiz's] agricultural operations.”
In addition, the general plan expressly states that landfills are encompassed within the category of open space land uses. The general plan states under the heading, “Open Space for Public Health and Safety,” that “Also included in this category of open space are land uses which are required as part of the overall functioning of modern society and which include or require undeveloped land as a resource or a buffer; this includes landfills and airports.” (Italics added.)
The general plan recognizes the growing need for landfills, while also noting that “Because of its mostly undeveloped expanse, the Desert area is viewed by many as an ideal location for the disposal of solid and hazardous waste materials. In order to conserve the fragile desert environment and accommodate the needs of waste disposal, management practices must take into account the desires of Desert area residents.” This can reasonably be construed as stating that, when building a landfill in the desert, an effort should be made to address the concerns of area residents and minimize harmful impacts on the desert environment. We do not view this language as stating that landfills are inconsistent with the general plan.
Cadiz complains that the County failed to provide adequate findings supporting its decision to approve the CUP. Cadiz claims the County's findings merely state that “ ‘The proposed use is consistent with the goals, policies, standards and maps of the County General Plan, the Development Code and the County Solid Waste Management Plan.’ ”
An administrative agency is required to “render findings sufficient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the board's action.” (Topanga Assn. for a Scenic Community v. County of Los Angeles, supra, 11 Cal.3d at p. 514, 113 Cal.Rptr. 836, 522 P.2d 12.) Although the Board's findings “ ‘need not be stated with the formality required in judicial proceedings' [citation], they nevertheless must expose the board's mode of analysis to an extent sufficient to” enable the parties to the agency proceeding to determine whether and on what basis they should seek review, and to apprise the reviewing court of the basis for the board's action. (Id. at p. 517, fn. 16, 113 Cal.Rptr. 836, 522 P.2d 12.)
The County not only stated the findings quoted by Cadiz, but also provided additional sufficiently detailed findings adequately explaining the reasons for approving the CUP, including the following finding: “The proposed project is consistent with the Open Space policies of the General Plan which recognize that landfills are uses which require undeveloped land and open space as a resource or a buffer.”
These findings provide an adequate explanation of the reasons for concluding the landfill is consistent with the general plan. The general plan states that landfills fall within the general plan classification of an appropriate open space land use, and a resource conservation land designation permits the land to be used for open space land uses enumerated in the general plan, including landfills. The general plan also emphasizes the increasing need for additional solid waste facilities, and acknowledges that the desert is a common location for such facilities.
Cadiz argues that the general plan amendments, which add the landfill site to the appropriate general plan overlay map and designate the exchanged BLM land as resource conservation land, render the general plan internally inconsistent, in violation of Government Code section 65300.
Section 65300.5 of the Government Code “requires that the general plan and its elements and parts ‘comprise an integrated, internally consistent and compatible statement of policies․’ It is the policies which must be integrated, internally consistent and compatible, not the maps which simply depict policies applied to specific land areas, not the data and statistics, and not even the objectives within the various elements.” (Garat v. City of Riverside (1991) 2 Cal.App.4th 259, 300, 3 Cal.Rptr.2d 504, disapproved on other grounds in Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 743, fn. 11, 29 Cal.Rptr.2d 804, 872 P.2d 143.)
As explained above, designating the landfill land as resource conservation land and changing the site to a solid waste landfill facility is not inconsistent with the general plan. The general plan expressly allows landfills to be classified as open space land uses, and the general plan states that a resource conservation designation allows such land to be used for those uses which are considered in the general plan to be appropriate open space uses. The amendments and CUP were not internally inconsistent with the general plan. The trial court thus did not abuse its discretion in approving the general plan amendments and granting the CUP, other than to the extent the underlying EIR was inadequate, as discussed above.
V. Denial of Discovery
Cadiz contends the trial court committed reversible error by denying Cadiz's discovery motions to compel Joseph Lauricella's deposition and production of documents, and by granting the County and Rail's motion to quash various depositions and for a protective order.
Cadiz claims it was entitled to the discovery in question because its purpose was (1) to reveal that the Board's approval of the EIR was illicitly influenced by Rail, (2) to obtain material evidence that was improperly suppressed by Rail, and (3) to establish that the evidence Rail presented in support of the EIR was misleading or false.
Cadiz complains that Joseph Lauricella,27 also known as Tony Bergschneider, falsely held himself out as a local community leader and resident, and testified before the Board in support of the landfill on May 16, 1995. Cadiz later discovered that he was a convicted felon and a paid Rail consultant, who allegedly was engaged in illicit activities designed for the “planned destruction” of Cadiz. Cadiz claims the County Planning Department Director, Valery Pilmer; County Planning Department employee, Philip Smith; and another high ranking County official knew of Lauricella's illicit activities.
Lauricella, Smith and Rail were indicted on October 1, 1998, for conspiring to destroy Cadiz by conspiring to wiretap, receive and conceal stolen property, manipulate computer data, misuse trade secrets, and commit fraud in connection with sale of stock resulting in devaluation of Cadiz's stock. According to the indictment, Smith allegedly provided confidential County information regarding Cadiz to Rail at Rail's request. Lauricella pled “no contest” to the indictment charges and was sentenced to six years in state prison.
On February 10, 1997, the trial court heard and denied Cadiz's motions to compel Lauricella's deposition and compel Rail to produce documents, without prejudice to renewing the motions at a later date.
On February 14, 1997, the County defendants filed a motion to quash Cadiz's deposition notices served on two community activists and several experts who provided testimony and/or reports during the administrative proceedings. The County and Rail argued in their motion to quash that the requested discovery was not proper because it sought discovery into matters beyond the administrative record under Western States Petroleum Assn. v. Superior Court (1995) 9 Cal.4th 559, 38 Cal.Rptr.2d 139, 888 P.2d 1268.
During oral argument on February 27, 1997, on the County and Rail's motion to quash, Cadiz argued that the discovery was proper because it was sought to find out why certain evidence, such as the R & W report identifying 11 faults, was not included as part of the administrative record. Cadiz also wanted to find out why lineament A was not trenched, and wanted to depose CPC member, Dombrowski, regarding his improper ex parte contacts. Cadiz argued that quashing its discovery would deny Cadiz the opportunity to find out if any of the Western States exceptions applied.
The trial court concluded that the purpose of Cadiz's proposed discovery was to show that not all relevant evidence had been considered during the EIR proceedings and that the evidence considered did not support the Board's decision. The court thus granted the County and Rail's motion to quash Cadiz's discovery on the ground Cadiz had not made a sufficient showing that an exception under Western States applied.
A. Discovery Standard of Review
“Discovery statutes vest a wide discretion in the trial court, and exercise of that discretion will be disturbed only when it can be said there has been an abuse of discretion. An order compelling discovery must rest on a showing that the discovery is reasonably calculated to lead to admissible evidence․” (Morgan v. Community Redevelopment Agency (1991) 231 Cal.App.3d 243, 259, 284 Cal.Rptr. 745.)
The standard of review of trial court discovery orders is an abuse of discretion. (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 881, 94 Cal.Rptr.2d 505; Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 330, 87 Cal.Rptr.2d 813.) “Abuse of discretion is a deferential standard of review. [Citation.] Under this standard, a trial court's ruling ‘will be sustained on review unless it falls outside the bounds of reason.’ (People v. DeSantis (1992) 2 Cal.4th 1198, 1226 [9 Cal.Rptr.2d 628, 831 P.2d 1210].)” (Avant!, supra, at p. 881, 94 Cal.Rptr.2d 505; Kleitman, supra, at p. 330, 87 Cal.Rptr.2d 813.)
B. Exclusion of Evidence Outside the Administrative Record
If the conflicting evidence is not in the administrative record, the project opponent seeking admission of the evidence in the trial court faces two hurdles. First, “normally the doctrine of exhaustion of administrative remedies will bar a project opponent from arguing that the EIR improperly omitted such evidence. (See § 21177; see generally, 2 Kostka & Zischke, Practice Under the Cal. Environmental Quality Act [(Cont.Ed.Bar 1993)] § 23.94, pp. 1001-1004.) [¶] Second, ․ evidence outside the administrative record generally is inadmissible to show that the agency has not proceeded in the manner required by law. (Western States Petroleum Assn. v. Superior Court (1995) 9 Cal.4th 559, 565, 574-576 [38 Cal.Rptr.2d 139, 888 P.2d 1268].) However, extra-record evidence is admissible if the proponent shows that the evidence existed before the agency made its decision, but that it was impossible in the exercise of reasonable diligence to present it to the agency before the decision was made. (Id., at p. 578 [38 Cal.Rptr.2d 139, 888 P.2d 1268].) Also, arguably, extra-record evidence may be admissible to show ‘agency misconduct.’ (Id., at pp. 575-576, fn. 5 [38 Cal.Rptr.2d 139, 888 P.2d 1268].) Thus, if a project opponent argues that the agency failed to proceed in the manner required by law because the EIR failed to disclose information that is not in the administrative record, it must first overcome the general rule that such information is inadmissible by showing that one of these exceptions applies.” (Barthelemy v. Chino Basin Mun. Water Dist. (1995) 38 Cal.App.4th 1609, 1621, 45 Cal.Rptr.2d 688; italics added.) 28
Code of Civil Procedure section 1094.5, subdivision (e) “accords the court in an administrative mandamus proceeding discretion to remand the case for reconsideration if the court finds ‘there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced’ at the administrative hearing (or which was improperly excluded therefrom).” 29 (Fort Mojave Indian Tribe v. Department of Health Services (1995) 38 Cal.App.4th 1574, 1591, 45 Cal.Rptr.2d 822.)
Rail relies on Western States in arguing that Cadiz's discovery sought inadmissible evidence. In Western States, a CEQA case, the court considered whether a court may consider evidence outside the administrative record in determining whether a quasi-legislative administrative decision was an abuse of discretion under Public Resources Code section 21168.5. The Western States court held that “courts generally may not consider evidence not contained in the administrative record when reviewing the substantiality of the evidence supporting a quasi-legislative administrative decision under Public Resources Code section 21168.5.” The court also held “that extra-record evidence is generally not admissible to show that an agency ‘has not proceeded in a manner required by law’ in making a quasi-legislative decision.” (Western States Petroleum Assn. v. Superior Court, supra, 9 Cal.4th at p. 565, 38 Cal.Rptr.2d 139, 888 P.2d 1268.)
The Western States court discussed three exceptions to this general rule of nonadmissibility: (1) evidence to show that an administrative agency has not considered “all relevant factors” in making its decision; (2) evidence to show the evidence the agency considered did not support its decision; and (3) evidence that could not be produced at the administrative level “in the exercise of reasonable diligence.” (Western States Petroleum Assn. v. Superior Court, supra, 9 Cal.4th at pp. 576-578, 38 Cal.Rptr.2d 139, 888 P.2d 1268.) The Western States court concluded that in the first and second instances, the extra-record evidence was inadmissible, but, in the third instance, the evidence was admissible. (Ibid.) The court further noted that it did “not foreclose the possibility that extra-record evidence may be admissible in traditional mandamus actions challenging quasi-legislative administrative decisions under unusual circumstances or for very limited purposes not presented in the case now before us.” (Id. at p. 578, 38 Cal.Rptr.2d 139, 888 P.2d 1268.)
Rail argues that Western States is inapplicable because, as noted in Fort Mojave Indian Tribe v. Department of Health Services, supra, 38 Cal.App.4th at 1594, 45 Cal.Rptr.2d 822, Western States applied to traditional mandamus actions whereas the instant action is an administrative mandamus proceeding.
In Fort Mojave, which was an administrative mandamus action, the court concluded that the concerns that underlay Western States ' holding barring postdecision evidence in quasi-legislative mandamus cases also applied to the application of Code of Civil Procedure section 1094.5, subdivision (e) in administrative mandamus cases. (Fort Mojave Indian Tribe v. Department of Health Services, supra, 38 Cal.App.4th at p. 1595, 45 Cal.Rptr.2d 822.) The Fort Mojave court noted that subdivision (e) of Code of Civil Procedure section 1094.5 “opens a narrow, discretionary window for additional evidence, newly discovered after the [administrative] hearing (or improperly excluded at it)․ [¶] Remand under Code of Civil Procedure section 1094.5, subdivision (e) for consideration of postdecision evidence generally has been limited to truly new evidence, of emergent facts. The leading case [ (Windigo Mills v. Unemployment Ins. Appeals Bd. (1979) 92 Cal.App.3d 586, 596-597, 155 Cal.Rptr. 63) ] endorsing the use of newly created evidence under the statute adverted to mandamus's traditional function of achieving justice, and then concluded that by the enactment of subdivision (e), ‘․ it reasonably may be inferred that [the Legislature] meant to authorize the receipt of evidence of events which took place after the administrative hearing.’ [Citation.]” (Fort Mojave, supra, at p. 1595, 45 Cal.Rptr.2d 822.)
The Fort Mojave court further explained that the reason for narrowly limiting exceptions to the general rule of excluding evidence outside the administrative record is because routine allowance of conflicting scientific opinions created after an administrative decision would pose a threat of repeated rounds of litigation, and uncertain, attenuated finality. (Fort Mojave Indian Tribe v. Department of Health Services, supra, 38 Cal.App.4th at p. 1595, 45 Cal.Rptr.2d 822; see also Western States Petroleum Assn. v. Superior Court, supra, 9 Cal.4th at p. 578, 38 Cal.Rptr.2d 139, 888 P.2d 1268.)
While we recognize Western States and the instant case differ because Western States involved a traditional mandamus quasi-legislative action and the instant case is an administrative mandamus quasi-judicial action, this is a distinction without a difference. (Fort Mojave Indian Tribe v. Department of Health Services, supra, 38 Cal.App.4th at pp. 1595-1596, 45 Cal.Rptr.2d 822; see also Guide to the CEQA (1999 10th ed.), Remy, Thomas, Moose & Manley, pp. 595, 603-604 (Remy).) Regardless of whether common law principles under Western States apply or the action is subject to Code of Civil Procedure section 1094.5, subdivision (e), the underlying principles in determining whether extra-record evidence is admissible are essentially the same. Western States and Fort Mojave are thus both instructive here in determining whether Cadiz's discovery sought admissible evidence.
C. Motion to Compel Further Discovery Responses
Cadiz's motion to compel further discovery responses sought production of documents relating to (1) financial contributions to any former or current elected or appointed governmental official, and/or to election committee(s) or campaign(s) for public office in San Bernardino; (2) the Clean Desert Water Initiative; (3) the proposed business license tax on the permitted operators of solid waste disposal sites located in San Bernardino; (4) the Sunshine Canyon Landfill; (5) Norcal and the landfill.
We see no abuse of discretion in the trial court's denial of Cadiz's motion to compel since such discovery did not specifically seek evidence which might constitute an exception to the general rule precluding evidence outside the administrative record. Cadiz failed to establish that the requested documents could not have been obtained during the administrative proceedings in the exercise of reasonable diligence or that unusual circumstances justified production of the documents.
D. Motion to Take Lauricella's Deposition
The trial court also did not abuse its discretion in quashing Cadiz's notice of Lauricella's deposition. Cadiz sought to depose Lauricella 30 regarding his illicit activities leading to County approval of the landfill. Cadiz's attorney, John M. Bowman, met with Lauricella in state prison for two hours on October 28, 1996. In Bowman's declaration supporting Cadiz's motion to depose Lauricella, Bowman states that Lauricella was paid by Rail to organize a “front group” in the local community to support the landfill. Bowman's declaration further states that his discussion with Lauricella “covered a wide-range of topics, including Mr. Lauricella's participation in the concerted efforts of WMX/Rail Cycle to: (1) make illegal financial contributions to governmental officials to win approval of its Bolo Station landfill proposal; (2) destroy Cadiz' business operations; (3) organize and finance local political ‘front’ groups to support the landfill and oppose Cadiz' operations; (4) disseminate false information about Cadiz; (5) file false claims about Cadiz with governmental agencies; (6) illegally obtain information regarding Cadiz; and (7) disseminate false information about the backgrounds of Cadiz executives.”
In Cadiz's reply to Rail's opposition, Cadiz stated that, according to Lauricella, at least one County official who voted for approval of the landfill was on the payroll of WMX, Inc., Rail's parent company. Cadiz further stated in its reply that Lauricella was involved in several felonious criminal acts which could not be disclosed in the reply because of an ongoing criminal investigation but would be disclosed to the court in camera if necessary. Bowman's supporting declaration stated that Lauricella and Rail executives engaged in “Placing at least one San Bernardino County official who voted to approve the landfill onto the payroll of WMX, Inc., Rail Cycle's parent company.” Bowman also stated in his declaration that Lauricella told him “that he attended secret meetings in which at least one County official was present when Rail Cycle executives openly discussed Mr. Lauricella's illicit activities.”
Although Lauricella's deposition testimony would normally constitute inadmissible extra-record evidence, Cadiz argues that it fell within an exception to the general rule because Lauricella's testimony would show agency misconduct. But Cadiz did not meet its burden of establishing this. Although Bowman's supporting declarations could be read as inferring that Lauricella might testify to acts of bribery of Board and CPC members in connection with the administrative proceedings, Bowman's declarations are ambiguous and evasive in this regard such that it was not an abuse of discretion for the trial court to conclude that there was inadequate evidence that Lauricella's deposition would lead to evidence of fraud or corruption. We conclude the trial court did not abuse its discretion in denying Cadiz's motion to depose Lauricella.
E. Motion to Quash Deposition Notices and for a Protective Order
Cadiz served deposition notices on Gary Rasmussen (a Rail geology consultant), Hank Jong and Sandra Alarcon-Lopez (Jacobs Engineering engineers), Edwin Barnes, III, Ph.D. (a university professor and project consultant), John Marti, Jr., and Paul Limon (community activists who spoke in favor of the landfill during the EIR process), and Michael Dombrowski (chairman of the CPC). The notices did not indicate the subject matter to be encompassed in the depositions. Several of the deposition notices contained numerous production requests, including requests similar to those which were the subject of Cadiz's motion to compel further production requests.
Rail moved to quash these depositions, and Cadiz opposed the motion on the ground Cadiz intended to take the depositions for the following purposes: to determine why the County did not perform additional trenching on lineament A; to inquire regarding settlement calculations; to determine why Jacobs Engineering made reference to the Rutter and Wilbanks Corp. seismic report but did not include it in the administrative record; to inquire regarding errors in Rasmussen's reports and the nondisclosure of aerial photographs; to reveal Rail's use of paid operatives to organize and finance front groups to support the landfill; to expose Lauricella's illicit activities and Dombrowski's attendance at secret meetings with Lauricella and Rail executives; and to inquire regarding Barnes's employer's negotiations with Rail to enter a partnership to develop waste management systems and technologies. Other than perhaps agency misconduct, there does not appear to be justification for the requested depositions.
The only purported evidence supporting Cadiz's allegations of agency misconduct consists of the declaration of Cadiz's attorney, John Bowman, which is not based on personal knowledge of Dombrowski's or Lauricella's alleged illicit acts, and the declaration of a Cadiz resource analyst who claimed to have seen and heard Limon, Marti and Lauricella bad-mouthing Cadiz at a Bristol Valley Environmental Coalition booth. We thus conclude the trial court could reasonably find that Cadiz failed to establish that the requested depositions were reasonably calculated to lead to admissible evidence of agency misconduct. Rather, the depositions appear to have been noticed for the purpose of obtaining evidence (1) to show that an administrative agency had not considered “all relevant factors” in making its decision and (2) to show the evidence the agency had considered did not support its decision. Under Western States, such evidence is inadmissible, and thus the trial court did not abuse its discretion in granting the County and Rail's motion to quash and for a protective order.
VI. Cadiz's Challenges to the Trial Court's Summary Judgment, New Trial, and Cost Award Rulings Are Moot, As Is the County's Consolidated Appeal
Cadiz challenges the trial court's rulings granting the County and Rail's summary judgment motion, denying Cadiz's motion for new trial, and awarding Rail its costs for the preparation of the administrative record. Because we conclude the judgment must be reversed due to an inadequate EIR, these contentions are moot. The County's consolidated appeal of the trial court ruling denying the County's motion for attorneys' fees is also moot.
VII. Disposition
The EIR is inadequate because it fails to discuss the estimated volume of groundwater contained in the aquifer underlying Rail's proposed landfill site. The trial court ruling on Cadiz's writ of mandate claims is reversed, with instructions to issue a writ of mandate setting aside the County's decision to certify the EIR/EIS and related trial court decisions that are contingent upon the certification of the EIR, including summary judgment on the sixth and seventh causes of action.
The parties are to bear their own costs on appeal.
1. Cadiz previously used the name of Pacific Agriculture Holdings, Inc. (Pacific Agriculture).
2. Public Resources Code sections 21000 et seq.
3. Jerry Smith, a resident of Twentynine Palms and member of the Desert Environmental Response Team, also brought an action challenging the County of San Bernardino's approval of the landfill project. The trial court consolidated Smith's action with the County of San Bernardino's action. Smith is not a party to this appeal.
4. On this court's own motion, Cadiz's and the County's appeals (case Nos. E024373 and E024532) were consolidated solely for the purpose of appeal.
5. Rail Cycle is a limited partnership between Atchison, Topeka, and Santa Fe Railway Company, Inc. and Waste Management, Inc. In May 1993, Waste Management of North America, Inc. (WMNA) became known as Waste Management, Inc. (WMI). WMNA owns WMNA Rail-Cycle Sub, Inc., which is the general partner of defendant Rail Cycle, L.P., a limited partnership. WMNA Rail-Cycle Sub, Inc. is owned by WMX Technologies, Inc., formerly Waste Management, Inc.
6. The EIR and EIS were prepared by Environmental Solutions, Inc., an independent environmental consultant under the supervision of San Bernardino County and the U.S. Department of the Interior, Bureau of Land Management.
7. 42 United States Code sections 4321 et seq.
8. Also, in August 1991, the BLM issued a notice of intent to prepare an EIS.
9. We refer to the certified FEIR as the “EIR.”
10. Despite EIR certification and County approval of the landfill project, the landfill project will remain in abeyance until there is voter approval of the business license tax. To date, there have been two unsuccessful attempts to win voter approval.
11. “All references to Guidelines are to the state CEQA Guidelines, which implement the provisions of CEQA. (Cal.Code Regs., tit. 14, § 15000 et seq.) The Guidelines state: ‘These Guidelines are binding on all public agencies in California.’ (Guidelines, § 15000.) Although this court has not decided the issue of whether the Guidelines are regulatory mandates or merely aids to interpretation, we have indicated that, ‘[a]t a minimum, ․ courts should afford great weight to the Guidelines except when a provision is clearly unauthorized or erroneous under CEQA.’ (Laurel Heights, supra, 47 Cal.3d at p. 391, fn. 2 [253 Cal.Rptr. 426, 764 P.2d 278].)” (Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d 553, 564, fn. 3, 276 Cal.Rptr. 410, 801 P.2d 1161.)
12. The SEIR notes that Pacific Agriculture's name changed to Cadiz Land Company, Inc., which is appellant Cadiz.
13. At the time of publication the landfill DEIR, Cadiz's DEIR for expansion of its agricultural operation had not yet been published. Cadiz's DEIR was published in June 1993, after publication of the landfill DEIR in November 1992.
14. Cadiz complains that its land is located downwind from the landfill and this will subject Cadiz's agriculture to insects, spores, and litter carried by the prevailing winds to Cadiz's crops.
15. CEQA Guidelines section 15120, subdivision (c) provides: “Draft EIRs shall contain the information required by Sections 15122 through 15131. Final EIRs shall contain the same information and the subjects described in Section 15132.” CEQA Guidelines section 15125 requires the DEIR to include a description of the environmental setting.
16. The “Land Use, Planning and Recreation” chapter of the FEIR stated that east and west of the project site there was “some grazing, agriculture and scattered rural residential use,” and the FEIR described the area in the “Climate and Air Quality” chapter as “sparsely populated, with no industry other than several vineyards in the Cachagua Valley.” No other references were made in the FEIR to viticulture or wineries. (Galante Vineyards v. Monterey Peninsula Water Management Dist., supra, 60 Cal.App.4th at p. 1122, 71 Cal.Rptr.2d 1.)
17. While the DEIR initially indicated that agricultural land was not within five miles of the landfill site, whereas the eastern border of land used for agriculture by Cadiz is approximately four miles from the landfill, this discrepancy is clarified in the SEIR and FEIR.
18. According to a groundwater report dated October 2, 1995, prepared by Dennis E. Williams, Ph.D., of Geosciences Support Services, Inc., entitled, “Technical Memorandum-Modeling Of Ground Water Withdrawal Scenarios-Preliminary Results,” portions of the San Bernardino County “are in ‘serious and chronic overdraft’ regarding their current water supply situation.” The Memorandum of Understanding, dated January 11, 1994, between MWA and Cadiz, also acknowledges that “there is a serious and chronic water shortage in many parts of San Bernardino County, and in particular within the territorial boundaries of the MWA.”
19. The County staff's report to the board, entitled “Staff Analysis of Critical Issues For the June 13, 1995 Board of Supervisors' Hearing,” states while the groundwater has less than 3,000 mg/L of TDS (total dissolved solids) and is thus a potential municipal or domestic supply of water, the water would require treatment before it could meet EPA's and the state's drinking water standards of 500 mg/L of TDS.
20. “If, subsequent to the commencement of public review and interagency consultation but prior to final EIR certification, the lead agency adds ‘significant new information’ to an EIR, the agency must issue new notice and must ‘recirculate’ the revised EIR, or portions thereof, for additional commentary and consultation. (Pub. Resources Code, § 21092.1; CEQA Guidelines, § 15088.5; Laurel Heights Improvement Association of San Francisco, Inc. v. Regents of the University of California (1993) 6 Cal.4th 1112 [26 Cal.Rptr.2d 231, 864 P.2d 502] (‘Laurel Heights II’).)” (Guide to the California Environmental Quality Act (CEQA) (1999 10th ed.), Remy, Thomas, Moose & Manley, p. 301 (Remy).)
21. According to Public Resources Code section 21005, subdivision (a), “noncompliance with the information disclosure provisions of [CEQA] which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of [CEQA], may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.”
22. Appendix D to the EIR contains a report, dated March 31, 1994, entitled “Analysis of Geologic Issues Related to Seismic Risk on the Proposed Rail-Cycle Bolo Station Landfill Near Amboy,” by Gary S. Rasmussen & Associates, Inc.
23. A Holocene fault is a fault that has been active within Holocene time (about the last 11,000 years).
24. The DEIR defines precursor pollutants as “emissions that undergo chemical reactions in the atmosphere to form other pollutants. The most important of these are NOx and ROG, the primary reactants that form O3 [ozone].”
25. Guideline 15355 states: “ ‘Cumulative impacts' refer to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. [¶] (a) The individual effects may be changes resulting from a single project or a number of separate projects. [¶] (b) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.”
26. Code of Civil Procedure section 1094.5 is “the state's administrative mandamus provision which structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies.” (Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 514, 113 Cal.Rptr. 836, 522 P.2d 12.)
27. Throughout these proceedings and in various documents, Joseph Lauricella's name is spelled “Lauricello,” as well as “Lauricella.”
28. In Barthelemy we relied on Western States in concluding agency misconduct might constitute an exception. We note here that Western States did not state that agency misconduct is a recognized exception. Rather, the court indicated that it was suggested as an exception in Kostka and Zischke, Practice Under the California Environmental Quality Act, supra, section 23.55, pages 967-968, but the Western States court did not need to consider the exception. (Western States Petroleum Assn. v. Superior Court, supra, 9 Cal.4th at p. 575, fn. 5, 38 Cal.Rptr.2d 139, 888 P.2d 1268.)
29. Code of Civil Procedure section 1094.5, subdivision (e) states that, “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, the court may admit the evidence at the hearing on the writ without remanding the case.” (Italics added.)
30. Cadiz was required to bring a motion to depose Lauricella because Lauricella was in state prison. (Code of Civ. Proc., §§ 1995 and 1996.) Code of Civil Procedure section 1996 provides that a court may order the deposition of a prisoner upon a motion supported by an “affidavit showing ․ the testimony expected from the witness, and its materiality.” (Code Civ. Proc., § 1996.)
GAUT, J.
McKINSTER, Acting P.J., and WARD, J., concur.
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Life On the Ground Floor: Letters From the Edge of Emergency Medicine
by James Maskalyk
In this deeply personal book, humanitarian doctor and activist James Maskalyk, author of the highly acclaimed international bestseller Six Months in Sudan, draws upon his experience treating patients as an emergency physician from Toronto to Addis Ababa, Dadaab to Abyei. He discovers that although the cultures, resources and medical challenges of each hospital may differ, they are linked indelibly by the ground floor: the location of their emergency rooms. Here, on the ground floor, is where Dr. Maskalyk witnesses the story of “human aliveness”—our mourning and laughter, tragedies and hopes, the frailty of being and the resilience of the human spirit. And it’s here too that he is swept into the story, confronting his fears and doubts and questioning what it is to be a doctor.
Masterfully written and artfully structured, Life on the Ground Floor is more than just an emergency doctor’s memoir or travelogue—it’s a meditation on health, sickness and the wonder of life.
James Maskalyk, author
Dr. James Maskalyk is a physician and author. He practices emergency medicine at St. Michael’s in Toronto and is director of a program that works with Ethiopian partners at Addis Ababa University to train emergency physicians. He is a member of Medecins Sans Frontieres.
[His] idealism and passion are obvious... but the strength of the book is that it captures the viscera, real and symbolic, of the ER—its sights, sounds, smells, pulse—without romanticizing the work... Ultimately, that’s what the book is about—making connections, across continents, culture and social classes, and clinging to the joyful moments that can be found amid the horror. - The Globe and Mail Link to review
National Bestseller
Shortlisted, 2018 Charles Taylor Non-Fiction Award
A Globe & Mail Best Book of 2017
Longlisted, 2017 BC Book Award
Finalist, 2017 Toronto Book Award
Winner, 2017 Writers Trust Hilary Weston Award for Non-Fiction
Rights Holder: Westwood Creative Artists
email: meg@wcaltd.com
website: http://www.wcaltd.com/
rights sold: English (World, Doubleday Canada), Italy (Einaudi), Taiwan (Faces Publications)
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Paddy McLaughlin says that, despite the Europa League Play-Offs coming into sharper focus, he wants Cliftonville to produce a positive display in tomorrow’s final Danske Bank Premiership fixture of the season.
The Reds take on Glenavon at Mourneview Park four days after slumping to a disappointing defeat against Linfield and, while his side are destined to finish fifth in the table, the Manager is nevertheless keen to see an improvement on that midweek setback.
“Our position won’t change but it’s another chance for some boys to get their fitness and sharpness up to speed before the Play-Offs,” he says.
“You always want to play your strongest side but we have four players who are a booking away from missing the Play-Offs, a couple already suspended and two or three carrying knocks that we’ll assess. We need to protect the players and look to the bigger picture.
“Before the Play-Offs come around, though, we want a good performance and result against Glenavon. The game against Linfield was the worst since I came to the Club and, although we had to make a lot of changes to spare people from bans, we should still have played better than we did.
“Players were given their chance to stake a claim and not too many did that. I know we’re better than that but you can’t really have any excuses when you’re beaten 5-1.”
Premiership, Paddy McLaughlin
Hit the top
Fade from view
📕 We have been very pleased to continue producing a Matchday Magazine for every home fixture this season, but is yo… https://t.co/kh1if8E3D3yesterday
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PRESIDENT CLINTON ISSUES DIRECTIVE AIMED AT
ENSURING THAT FEDERAL HEALTH PLANS
COME INTO COMPLIANCE WITH THE PATIENTS' BILL OF RIGHTS
Today, the President is issuing an Executive Memorandum directing all Federal health plans, which serve over 85 million Americans, to come into substantial compliance with the President's Quality Commission's Consumer Bill of Rights (Patients' Bill of Rights). The Executive Memorandum follows a report that the Vice President forwarded to the President on the current status of compliance with the Consumer Bill of Rights. The President is also re-issuing his challenge to Congress to pass legislation that ensures that a patients' bill of rights will become the law of the land for all Americans. Today, the President is:
ANNOUNCING THAT THE NATION'S FEDERAL HEALTH PROGRAMS ARE LEADERS IN PROVIDING PATIENT PROTECTIONS. Today, the President accepted and praised the Vice President's report on the compliance status of Federal health programs with the Consumer Bill of Rights, including Medicare, Medicaid, Indian Health Service, the Federal Employee Health Benefits Program, the Department of Defense Military Health Program, and the Veteran's Health Program. Although citing shortcomings, the report concludes that Federal health plans are already largely in compliance. This finding illustrates that implementing consumer protections to help Americans navigate through a changing health care system, can be and has been done without excessive costs or regulations.
ISSUING AN EXECUTIVE MEMORANDUM TO ENSURE THAT THESE FEDERAL AGENCIES COME INTO SUBSTANTIAL COMPLIANCE WITH THE CONSUMER BILL OF RIGHTS. While the Federal government is taking a leading role to ensure consumer protections are in place, the Vice President's report concluded it has the authority to do more. Today, the President is issuing an Executive Memorandum to ensure that Federal programs come into substantial compliance with the Consumer Bill of Rights by no later than next year. His executive action:
Directs HHS to Take Administrative Actions to Ensure that Medicare Comes into Compliance with Rights, Including Access to Specialists, by Next Year. Medicare is largely in compliance with the Consumer Bill of Rights. However, Medicare currently does not ensure access to specialists and adequate levels of participation in treatment decisions. The President is directing HHS to issue administrative actions in these and other areas by no later than next year to bring Medicare, which serves over 38 million older Americans and people with disabilities, substantially into compliance.
Directs HHS to Take Administrative Actions to Ensure Greater Compliance for Medicaid, Including Access to Specialists, by Next Year. HHS has also determined that there are appropriate administrative actions it could take to ensure that the Medicaid program, which serves 36 million Americans, comes into substantial compliance with all of the major elements of the Consumer Bill of Rights. The President is also directing the Department to issue directives to bring Medicaid into substantial compliance by no later than next year. Directs HHS to Notify States Immediately that Emergency Room Services Are Covered Under Medicaid. The President is directing the Department to send a letter to State Medicaid directors to clarify that States are required to cover emergency room services consistent with the recommendations of the Consumer Bill of Rights.
Directs the Federal Employees Health Benefits Program (FEHBP) to Ensure 350 Participating Carriers Come into Compliance with the Consumer Bill of Rights by Next Year. The President is directing Office of Personnel Management (OPM), which manages FEHBP and its 9 million enrollees, to notify all 350 participating carriers that they must come into compliance with the Consumer Bill of Rights, particularly with regard to access to specialists, continuity of care, and access to emergency room services. He also is directing OPM to work with each participating carrier to ensure they come into full compliance with the Consumer Bill of Rights by the end of next year. OPM issues a call letter each March which sets forth FEHB Program and policy changes. To meet the President's directive, this year's letter will specifically address new expectations for participating carriers in areas such as: access to specialists, continuity of care, disclosure of financial incentives, and access to emergency room services.
Directs OPM to Publish New Regulations Prohibiting Gag Clauses. The President is directing OPM to publish a regulation in the next three months to ensure that gag clauses, which restrict physician-patient communications about medically necessary treatment options, not be a part of any provider agreement that includes FEHBP enrollees. These new actions build on OPM's existing consumer protections, including an internal and external appeals process and information disclosure rights.
Directs the Department of Defense (DoD) to Come into Compliance Through A Series of Policy Directives and Contractual Modifications. The President is directing DoD, which serves 6 million Americans to: (1) establish a strong grievance and appeal process for beneficiaries who have been denied services by managed care companies that are in contract with the Military Health System; (2) issue a directive to promote greater use of providers who have specialized training in women's health issues to serve as primary care managers for female beneficiaries; and (3) issue a directive to ensure that all patients in the military health system can fully discuss all treatments options, including prohibiting anti-gag clauses. These actions, to be completed by this fall, will bring the Military Health System into substantial compliance with the Consumer Bill of Rights.
Directs Veterans' Health Programs to Come into Compliance with the Consumer Bill of Rights Through a Series of Policy Initiatives. The President is directing the VA, which serves 3 million veterans, to use its administrative authority to ensure that an internal and external appeals process is in place and to issue a new directive to ensure that VA consumers meet the information disclosure recommendations in the Consumer Bill of Rights. The VA already assures many protections, such as access to specialists. This new action will bring the VA system into virtual compliance with the Consumer Bill of Rights.
Directs the Department of Labor to Use Its Limited Authority to Ensure Adequate Information Disclosure and a Stronger Internal Appeals Process. The Department of Labor is responsible for the administration and enforcement of the Employee Retirement Income Security Act (ERISA) which governs approximately 2.5 million private sector health plans that cover about 125 million Americans. Labor has extremely limited authority to ensure that these plans can come into compliance. Understanding this fact, the President is directing Labor to take action, by no later than this spring, to propose regulations to protect consumers by: (1) improving information disclosure rights; and (2) strengthening the internal appeals process for all ERISA plans, to ensure that decisions regarding urgent care are resolved within 72 hours and generally resolved within 15 days for non-urgent care.
RE-ISSUING CHALLENGE TO CONGRESS TO PASS FEDERALLY-ENFORCEABLE PATIENTS' BILL OF RIGHTS THIS YEAR. Today, the President renewed his call to Congress to pass a patients' bill of rights this year. The Department of Labor's report underscores that most consumer protections cannot be ensured to patients in private health plans without additional legislation. This legislation will ensure that the millions of Americans who are in private health plans will be protected, too.
RELEASING HHS CONSUMER SURVEY TO EMPOWER MEDICARE BENEFICIARIES TO MAKE INFORMED CHOICES. Today, the Consumer Assessment Health Plans Survey (CAHPS) is being released by HHS. This survey seeks information on how easily beneficiaries can access specialists, emergency care services, and the general level of consumer satisfaction. Survey results, which will provide extensive information about all Medicare managed care plans currently up and running, will be sent to every Medicare beneficiary this fall, helping them to make much-better informed choices about their health plan options.
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Dean Ambrose: "There's A Lot Of People Just Here For Money...Have No Artistic Care For What They Do"
"The Lunatic Fringe" vents a little frustration...
By Justin Henry
8 February, 2019 4:51 PM
Word broke shortly after the 2019 Royal Rumble that Dean Ambrose had given his notice to WWE, and that he would be finishing up with them at the expiration of his contract at the end of April. Reasons cited for Ambrose leaving (and turning down a reported five-year, seven-figure deal in order to stay) include a reported unhappiness with his presentation as a character, particularly the creative elements.
Ambrose recently made a guest appearance on Curt Hawkins and Zack Ryder's Major Wrestling Figure Podcast to primarily discuss wrestling figures, and his own childhood love for the business. While keeping to mostly less-controversial topics throughout the discussion, Ambrose did, however, get it a few lines that may point toward frustrations with the current state of the WWE and its creative culture.
Said Ambrose to Hawkins and Ryder, "You guys are just like me. There's a lot of people that are just here for the money. They didn't grow up watching it, they don't care what they do, and have no artistic care for what they do. You guys are like me where (wrestling) is all that we've ever loved."
Ambrose continues to be used on Raw and at live events, most recently putting over EC3 in a brief match this past Monday night.
Former IWGP Junior Heavyweight Champion Reportedly Heading For AEW
Three Matches Advertised Locally For WWE Fastlane (POSSIBLE SPOILERS)
Written by Justin Henry
In addition to writing lists and commentaries for Cultaholic, Justin is also a features writer and interviewer for Fighting Spirit Magazine, and is co-author of the WWE-related book Titan Screwed: Lost Smiles, Stunners, and Screwjobs.
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DVD Review: Breakheart Pass
Published on 21 May 2018 2 January 2020 by CineVue
While a Yankee army train stops to restock its water supply, John Deakin (Charles Bronson) is caught cheating at cards at a nearby saloon. No sooner than he’s arrested and packed on to the train along with a state governor, his daughter and a Marshal, passengers start meeting their untimely ends at the hands of a mysterious killer.
1975, the year of Breakheart Pass’ release, was a watershed moment in American film making. Both the old Hollywood studio system and the independent cinema of the 1970s would both give way to the New Hollywood, defined by the likes of George Lucas and Steven Spielberg. The western had already seen the decline in traditional films like The Searchers, and a reinvention through the hyper-stylised European Spaghetti Westerns and the gritty revisionist work of Sam Peckinpah and Clint Eastwood.
Amongst such vibrant company, Breakheart Pass is an oddly inert affair, lacking the operatic violence of The Good, The Bad, and the Ugly, the mean realism of The Outlaw Josey Wales, or the classic romance of John Ford. It’s significant that Breakheart Pass was released in the same year as Jaws, a film regularly cited as the first modern blockbuster. Where Jaws represents the future of mainstream Hollywood, Breakheart Pass bears is a film roundly out of time, ignoring the prevailing winds of cinema while offering a pale imitation of the past.
Breakheart Pass is not without appeal. Bronson is as watchable as ever, essentially playing a matinee-friendly version of his harder-bitten characters. And the mystery surrounding his wanted man provides much-needed intrigue. There are some surprising moments of brutality, too. A tracking shot of an unfortunate fireman, thrown from the train as it passes over a wooden bridge is satisfyingly nasty as he’s dashed on the wooden struts. The setting, too, is inherently cinematic: there’s something about shots of steam trains clacketing their way through the unspoilt American west that is ineffably romantic and exciting, helped in no small part by Jerry Goldsmith’s score.
Nevertheless, a narrative that should be driven by urgency feels strangely inert. At only 94 minutes in length, the film’s second act drags badly, with virtually none of the characters exhibiting the suspicion and paranoia that being stuck on a train with an unseen killer might inspire. This narrative inertia translates into boring and uninspired visuals, too. Despite the aforementioned external train shots, the film’s functional cinematography and editing feels less than cinematic. Furthermore, the convoluted conspiracy behind the killings should be fertile ground for intrigue, but instead comes of as half-baked and ultimately unsatisfying.
Breakheart Pass is not a bad film, but it’s not a particularly good one, either. Even Kim Newman, on Eureka’s supplementary interview, can’t bring himself to describe it as more than an ‘admirable star vehicle’ for Bronson. The film’s most enduring legacy is an example of cinema that had already passed into history by the time it was released. If nothing else, it’s a fitting metaphor for the old west itself.
Christopher Machell | @Dr_Machell
Christopher Machell, Reviews
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Next Next post: DVD Review: Inherit the Wind
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NewsNewsNews
Should Canada legalize marijuana?
Two states in the U.S. have legalized Marijuana – will Canada follow suit? Canada is typically regarded as a nation with fairly liberal policies, but the Canadian government has not yet taken action to legalize this widely used drug.
In November 2012, the U.S. states of Colorado and Washington voted to legalize marijuana. While a policy of this kind is determined individually per state in the U.S., in Canada it would be determined federally, and would be adopted as a national policy.
In Canada, possessing or cultivating marijuana is a criminal offense. The only exception to this rule is using marijuana for medical purposes. This requires a prescription from a physician to treat one of a small list of symptoms, such as nausea from cancer, or seizures from epilepsy.
However, only someone who is truly oblivious would be inclined to believe that marijuana is being used strictly for medical purposes in this country.
Over half of young Canadians can gain access to marijuana in less than ten minutes, and a 2007 survey stated that 8.2 per cent of Canadian youth use the drug on a daily basis. With reference to the overall adult population, 17 per cent of Canadians aged 15 to 64 regularly use marijuana for recreational purposes.
Political party stances
Currently in power, the Conservative Party of Canada is not in favour of legalization. In fact, they tried (but failed) to increase the severity of the legal consequences for cultivating or selling marijuana. So long as the Conservative Party remains in power, legalization is not a strong prospect.
On the other hand, the Liberal Party of Canada voted to make legalization a part of their official platform at their biennial convention in January 2012. Also, legalization has been a part of the Green Party of Canada‘s platform since at least 2010. Legalization would come into effect should either party win the next federal election in 2015.
The New Democratic Party is in favour of decriminalization, but not legalization.
But wouldn’t decriminalization necessarily imply legalization? Not quite. There is an important distinction between the two.
Decriminalization of marijuana would mean that it is not a criminal offense to possess a small amount of the drug, but it would be illegal to sell or purchase a large amount of it.
The policy of decriminalization is largely unclear. Among other problems, discrepancies regarding what would constitute a “small” or “large” amount of the drug would necessarily follow suit. The drug would remain in the black market, and there would be no official regulation or policy regarding it.
The idea behind the policy of decriminalization is to avoid targeting the casual drug user in order to focus police efforts on the larger suppliers. Although this would be beneficial, unless something is done to eliminate the demand for illegal marijuana altogether, it is reasonable to infer that the drug dealers would continue to persist, regardless of the concentrated police efforts.
The Liberal Party recommends that under legalization, the price of marijuana be kept 30 to 35 per cent below the street price. This policy would aim to eradicate the organized crime surrounding the sale of this drug by attempting to put the dealers out of business.
The federally regulated and sold marijuana would be kept at a regulated THC level of 11.1 per cent. As a result, not only would it be cheaper, but it would also be much safer than the marijuana that one could purchase illegally.
The Green Party recommends that marijuana be removed from the drug schedule, and suggests that we create a regulatory framework to have small, independent growers safely produce it. They also want to develop a taxation rate for marijuana, similar to tobacco.
Legalization would necessitate a number of set policies surrounding the sale and usage of the drug. For example, in Washington State, the legal age to purchase and use marijuana is 21, and it is only permitted to possess 1oz at a time.
A huge benefit for the Canadian government would be the projected $4 billion in tax revenue from the regulated sale of marijuana. Also, if dealers were, in fact, put out of business, organized crime surrounding the sale of marijuana would be reduced significantly, and police efforts could truly be redirected elsewhere.
Of course, if Canada were to legalize marijuana, there are a number of questions that remain unanswered, and potential issues would have to be addressed.
Potential consequences
How much would it cost? Would it be legal to smoke in public or around children? Would legalization spur an international response, or cause issues with cross-border trafficking? Would government-regulated sale truly eradicate the black market? Would the act of legalization have any adverse effects, like causing consumption to increase? Should we retract criminal records for those who were convicted for possession or sale of marijuana in the past?
Although the statistics about marijuana usage in Canada are high enough to be worthy of consideration, much of the population chooses to abstain from the drug for personal reasons. However, whether you regularly, occasionally, or never use this drug, the policies surrounding it will surely have an impact on everyone in the country.
What is your opinion? Should marijuana be legalized or decriminalized? What related policies should be put in to effect?
Written and researched by Jenna Hussein, a Political Columnist at Vancity Buzz. Follow Jenna on Twitter at @jennahussein.
Image: Cannabis Culture
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2020 CUAA Election Results
About the CUAA
Update Your Registration Information
Regional CUAA Groups
Alumni of the Year
Young Alumni of the Year
Events on Support.cooper.edu
2020 November Newsletter
Alumni News items (all)
News Items grouped by year
Recent Emails
Posted on February 6, 2018 by Mary Lynch
Alumni Profile: Michael Samuelian AR’95
Alumni Profile, Architect, Hall of Fame
Michael Samuelian has demonstrated extraordinary commitment to improving the architecture and civic spaces of New York City by engaging, across the arc of his distinguished career, the myriad aspects of designing the city, in both the public and private realms. He graduated from the Cooper Union in 1995. Following graduate study at the Harvard Graduate School of Design and five years of practice, he joined the Manhattan Office of the New York City Department of City Planning as director of Lower Manhattan Special Projects, responsible for developing policy, managing design, coordination and strategic planning for all major urban planning and design initiatives in Lower Manhattan.
While working for NYC City Planning, his projects included the East River Waterfront Concept Plan, commercial guidelines for the rebuilt World Trade Center, and the Fulton Street Retail Revitalization. He become a vice president at Related Companies, responsible for the design and planning of Hudson Yards, a 17 million sq. ft. $20 billion mixed use development in midtown on one of the last significant undeveloped properties remaining in Manhattan. His disciplined, strategic and tireless advocacy was instrumental to the project including 13 acres of new public space, large scale public art, and significant new works of architecture.
Michael has also taught at The Cooper Union in the school of architecture, developing and teaching the course Professional Practice for over ten years. He has been an extraordinary mentor to students, preparing them for a move from academic study to practice, in its broadest sense, and supporting them deep into their careers.
In 2017 Michael returned to the non-profit public sector to serve as President and CEO of the Trust for Governors Island, responsible for the operations, management and planning of 172 acres of largely open space on a largely unpopulated island in New York Harbor. This extraordinary place, with its dozens of historic structures, proximity to the harbor and extraordinary views of lower Manhattan, Brooklyn and Liberty Island is poised for a transformation, to be reimagined as New York City’s newest neighborhood, newest public space, newest cultural destination, all under Michael’s leadership and vision.
Michael Samuelian will receive the CUAA John Hejduk award in 2018 and be inducted into The Cooper Union Hall of Fame.
This entry was tagged John Hejduk Award, Michael Samuelian. Bookmark the permalink.
Ken Schles A’82 has 3 images included in the book, Picturing Resistance, by Ken and Melody Light, Published by Penguin Books.
Robert Feintuch A’74 has a solo exhibition titled: Robert Feintuch: Selected Paintings 2010-2018, in Bergamo, Italy.
Juan Sanchez A’77 is one of the 3 Kings in the 44th Annual Three Kings Day at the Museo Del Barrio.
the late Jack Whitten A’64, has work in a gallery show on view through January 23rd at Hauser & Wirth gallery in NYC. This show was reviewed this week in the NY Times in an article titled, “3 Gallery Shows to See Right Now.”
William Germano, professor of English, and Kit Nicholls, director of the Center for Writing, have written a book titled, Syllabus: The Remarkable, Unremarkable Document That Changes Everything, published by Princeton University Press.
David Heymann AR’84 writes about visiting cemeteries in Austin in Places Journal.
CUAA Calendar
January 2021 Council Meeting
CUAA Alumni Showcase: Karen Bausman AR'82
February 2021 Council Meeting
March 2021 Council Meeting
April 2021 Council Meeting
© Cooper Union Alumni Association
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New Database: Massachusetts: Vital Records, 1916-1920
The state seal of Massachusetts
We are very happy to announce a new database today; Massachusetts: Vital Records, 1916-1920. This is the fourth in our series of Massachusetts Vital Records databases, now covering the years from 1620 through 1920.
The database includes vital records from across the state between 1916 and 1920. It also includes amended records from 1840 through 1920. The amended records are published in separate volumes. The volumes names specify the type of record, the year, and the location of the contents.
The records in this database are indexed to allow search by: the person’s name, year of the record, record type (Birth, Marriage, and Death), location, and spouse, mother and father names (where available). Occaisonally there are additional documents, such as an affidavit, on the image immediately following the birth, marriage or death certificate. So it can be useful to use the blue arrows bracketing the page number to review the page following the record you have selected.
The Massachusetts: Vital Records, 1916-1920 database contains over 1,300 volumes, 740,000 pages, 1.4 million records, and 4.2 million searchable names. We are pleased to make this new database available as part of our partnership with FamilySearch.
May 17, 2018 Don LeClair
← Five new browsable Archdiocese of Boston parishes New Early Vermont Settlers sketches from Pomfret and Woodstock →
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Sarah Fowler
Analyst, International Economy
Oxford Analytica
Sarah Fowler joined Oxford Analytica in September 2016 and covers international economics. Sarah previously worked for seven years at Oxford Economics, where she was responsible for forecasting the economic outlook for several Asian countries and writing more broadly about global emerging markets prospects. She also wrote on Asian trade and long-term growth prospects.
Sarah worked on a number consultancy projects for Oxford Economics and played a key role in launching and establishing a new product evaluating economic and political risk in 2015. She started her career at the fund manager Alliance Trust on the management training programme, gaining experience as a research analyst in several areas including US equities and private equity before joining the economics team.
Sarah holds a BSc in Economics from Bristol University and a MSc in Economics from the University of Southampton. She also holds the investment management certificate.
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Shah on Ethnic Minorities and Transjurisdictional Marriages
June 24, 2010 /in /by Gilles Cuniberti
Prakash Shah, who is a Senior Lecturer at Queen Mary, University of London, has posted Inconvenient Marriages, or What Happens When Ethnic Minorities Marry Trans-Jurisdictionally on SSRN. The abstract reads:
This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries and across different state jurisdictions. The article partly draws on evidence gleaned from the writer’s own experience of being instructed as an expert witness to provide opinions of the validity of such marriages, and partly on evidence from reported cases at different levels of the judicial system. The evidence demonstrates that decision making in this area, whether by officials or judges, often takes place in arbitrary ways, arguably to fulfil wider aims of controlling the immigration of certain population groups whose presence in the UK and Europe is increasingly seen as undesirable. However, and quite apart from the immigration control concerns underlying such actions, the field throws up evidence of the kinds of legal insecurity faced by those whose marriages are solemnized under non-Western legal traditions and calls into question respect for those traditions when they come into contact with Western officialdom.
The Article is forthcoming in the Utrecht Law Review 2010.
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Gilles Cuniberti https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Gilles Cuniberti2010-06-24 20:34:502010-06-24 20:34:50Shah on Ethnic Minorities and Transjurisdictional Marriages
Brilmayer and Anglin on Choice of Law and the Metaphysics of the Stand-Alone... Rosenberg and McCloud on Choice of Law in Class Actions
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“Why do you call him Rohit sir, yaar?”
By Entertainer 17. July 2013
Kiran Rao
Ship of Theseus
Having been in advertising for a long time, I haven’t addressed anyone as a ‘sir’. Call it the arrogance or the informal nature of the business that I have been in for about a decade now, I call people by their first names. For some reason, my dear friend (who will be shooting & editing the interview of music composer Rohit Sharma that will happen tomorrow), still addresses him as ‘Rohit sir’. There are very few people in my book who deserve to be respected & knighted. Rakeysh Omprakash Mehra and Prasoon Joshi are the latest to be in that space, thanks to the epic biopic, Bhaag Milkha Bhaag.
I first met Rohit Sharma at a musical evening organized by some friends. Painfully shy, almost embarrassed over the attention that he was being given, I couldn’t fathom what made him such a respected figure in that gathering. He didn’t talk much, but his smile was as genuine as a baby’s. He was somebody who one would want to hug immediately and wish him all the happiness in the world. Many days later I asked my friend, “Who is this Rohit Sharma, and why do you call him Rohit sir?” What followed was a discussion that lasted almost a night, and I was sold.
I bumped into Rohit sir at a few more gatherings and he was his trademark self, head bowed (perhaps avoiding the attention), the baby-like smile in place and the respect from all those at the place intact. We never had a chance to interact in detail and both of us being those shy variety, didn’t help either. Months later his name surfaced again. This time his name was credited as the composer of Ship of Theseus, a film that became the talk of town, thanks to the involvement of my name sake (Aamir Khan’s wife) and Anurag Kashyap. This post is not about how awesome an auteur the director of the soon-to-release, ‘Ship of Theseus’, Anand Gandhi is. This one is about the man who created a composition that is based in a time when the ragas weren’t discovered yet.
Rohit Sharma has been in the industry “13 years, 7 films & just one song released to his credit yet.” What could keep a man down for all these years? Why is he still so painfully shy? As I type this he is at a party thrown by Aamir Khan. Will he get more work post the release of SOT? Will Aamir give him more work? Will he still be embarrassed & harassed to chase filmmakers for his unpaid dues? Will he get the respect that is due to him, beyond the coterie of people who have savoured his creations? Will he set an example or will he be just another name to fade into the oblivion, just because he failed to smooth-talk his way in the big-bad-ugly world of Bollywood?
Armed with a gazzabrazzamillizillion more such questions, I will be meeting Rohit Sharma exclusively for www.madaboutmoviez.com tomorrow and will hopefully come back with answers that so many of us wanting to be in this thankless zone, want to ask. Years ago, Rekhaji (Bhardwaj) told me, “Don’t be a filmmaker like Vishal, each time he makes a film, he ends up mortgaging our house.” I will meet Rohit sir tomorrow and share with y’all his journey as a music composer in B-town, whose first song to be released isn’t even a song, in the conventional sense of the word.
Drop in your questions in the comment section & I will put it up to him during our chat and let’s see what the man has to say… Till then, stay mad, stay filmi!
Lotsa love, Magik.
Original: http://www.madaboutmoviez.com/2013/07/why-call-rohit-sir-yaar/?utm_source=rss&utm_medium=rss&utm_campaign=why-call-rohit-sir-yaar
By: Magik
Posted: July 17, 2013, 7:17 am
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In Conversation with Rohit Sharma: I wonder why people call me ‘Rohit sir’
Those who’ve read my earlier post would know that I was all excited to interview Rohit Sharma.To do this...
“I create order & design to achieve a perfectly working illusion of spontaneity”- Anand Gandhi
In early 2000s, NDTV Profit aired a T.V. programme where short films were shown and discussed over with the film maker...
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Establishment of the hemovigilance system in an oncology-based hospital of Nepal: A new starting in the field of blood transfusion in limited resource settings
A. Shrestha 1 , R. M. Shrestha 2 , 3 , S. Shrestha 4 , 5 , and S. Shrestha 6
1 Consultant Clinical Hematologist, Hematology Unit, Nepal Cancer Hospital and Research Center Pvt. Ltd, Harisiddhi, Lalitpur, Nepal
2 Senior Consultant Pathologist, National Public Health Laboratory, Teku, Nepal
3 Coordinator, National Bureau of Blood Transfusion Services, Teku, Nepal
4 Clinical Pharmacist and Research Associate, Department of Pharmacy, Nepal Cancer Hospital and Research Center Pvt. Ltd, Harisiddhi, Lalitpur, Nepal
5 Lecturer, Department of Biochemistry, Nobel College, Sinamangal, Nepal
6 Senior Consultant Medical Oncologist, Department of Medical Oncology, Nepal Cancer Hospital and Research Center Pvt. Ltd, Harisiddhi, Lalitpur, Nepal
A. Shrestha
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, R. M. Shrestha
, S. Shrestha
and S. Shrestha
https://doi.org/10.2478/medu-2018-0008
Access Metrics
An access to adequate and safe blood transfusion services is an essential measure of basic healthcare systems. The main purpose of hemovigilance is to enhance the quality and safety of the blood transfusion chains, which are implemented for improving the quality of the blood transfusion chain processes, especially focusing on blood safety. Globally, the framework of hemovigilance is extending as one of the key escalations to the group of the human services administrations, recognizing restructured blood transfusions administrations.
The core objective of this review article is to highlight the objectives of the hemovigilance framework, historical aspects of the hemovigilance framework around the world and the scenario of Nepal. Furthermore, it likewise features the scopes and strategies for implementation of hemovigilance at a hospital. An acceptance and incorporation of the hemovigilance system in an oncology hospital or in any tertiary care hospitals in Nepal can avert the incidence or reappearance of adverse events due to the transfusion identified with the whole transfusion chain process. Globally, including the least developed country like Nepal, the hemovigilance framework must be incorporated and systematized for upgrading transfusion and general society certainty additionally regarding blood and its products. Different strategies must be made for the successful implementation and strengthening the hemovigilance system.
In conclusion, there is an interminable and endless necessity for the effort on hemovigilance; although the rules, regulations, and tools are in place. With the end goal to have a productive hemovigilance framework in the least developed countries like Nepal, an extensive methodology and enormous ideas are required.
hemovigilance; adverse reactions; blood safety; Nepal; transfusion
An essential measure of any basic health care system is to have an access to the adequate and safe facilities for blood transfusion services, which remain often life savers on the road to critically ill patients. For the development of every healthcare system, the important factor to be considered is a safe and enough supply of the blood. On the other hand, blood transfusion is also intrinsically accompanied by the risks that vary in severity, from negligible to life frightening occasions [1]. Today, even in developed nations, the greatest hazard to the patient lies in non-irresistible issues of blood transfusions that cause sickness and demise [2]. Defending threats which is linked with transfusion, beneficiaries have remained a global public health urgency with the appearance of human immunodeficiency virus (HIV) in 1980, which is the root of HIV contagion and over time acquired immunodeficiency syndrome (AIDS) resulting from blood transfusions as a threat to blood transfusion safety [3]. As the hazard of acquiring infectious diseases, the clinical threat of transfusions is asserted basically [4, 5].
With a resemblance to the previously existing term “Pharmacovigilance”, the word “Hemovigilance” was invented in France in1990. It is derived from the Greek word “haema” which means blood and the Latin word “vigilans” which means watchful/ paying special attention to/ keep watching. As the term enlightens the aforementioned, the purpose of hemovigilance is to enhance the quality and safety of the blood transfusion chain, first and foremost focusing on the blood safety [6]. As defined by Faber, hemovigilance is “a set of surveillance procedures covering the whole transfusion chain (from the donation of blood and its components to the follow-up of recipients of transfusion), intended to collect and assess information on unexpected or undesirable effects resulting from the therapeutic use of labile blood products and to prevent the occurrence or recurrence of such incidents” [7]. In developed countries, similar to quality systems, reviews and audits, hemovigilance has turned into a vital piece of the Blood Transfusion Service (BTS). Being an important part of the modern health care system, the latter has added astoundingly to the development of the services related to blood and blood transfusion [8].
Globally, the hemovigilance system is evolving as a vital addition to the human facilities care team fetching almost enriched patient care. Starting with the blood donors and blood donation, hemovigilance is one of the continuous and standardized systems for gathering of the data and its analysis and disseminating the outcomes and effects among clinical and public health decision makers [9]. The gathering of information that can be generated on responses taking place during the blood donation, or after the donation of blood, as well as determinations of blood donors to evade the occasion/rehash of such scenes, should be acceptable.
Objectives of the hemovigilance system
The objective of the hemovigilance framework is to monitor transfusion reactions, to identify risks, to make blood transfusions additional secure, more effective and more proficient, to create awareness among the healthcare professionals, to exhibit the safety of the current system in blood transfusion to the population, to present the risks and advantages of this treatment, to generate evidence-based recommendations, and to show that the issues are outstanding and viably tended to attempt to increase blood safety [10]. In contrast to clinical and epidemiological research on labile blood products, this framework has unexpected objectives [6]. The other objectives are to create linkages at national and international levels.
The ethical aspects of hemovigilance consider benefits identified by keeping away from malpractice, recklessness, and carelessness, blood donor awareness and giving data to both healthcare specialists. The healthcare specialists including medical doctors, nurses, lab technicians, and pharmacists/clinical pharmacists and even the patients are comprised. The ethical aspects of hemovigilance are valuable to the safety of patients and give data on wellbeing as a preventive measure in conceivable instances of the contact [11].
History of Hemovigilance
Intending to have an arrangement of blood surveillance and hence to bring down the threats related to the transfusion, several hemovigilance systems have been produced and executed in many nations. In 1993, France became the first country to present hemovigilance as a national program with compulsory reporting including surveillance activities incorporating the entire process of transfusion [12]. In 1996, the United Kingdom (UK) presented the first voluntary reporting framework which was a non-dependent, professionally directed hemovigilance system concentrated on learning from adverse events [13]. Even though the hemovigilance systems of France and the UK are different from each other. Many developed nations like Canada and European nations like the Netherlands, Ireland, and Denmark have a prerequisite of voluntary reporting [8]. Afterward, in 1995 the European Council distributed a determination through an objective on the way to enhance open trust in the harmless supply of the blood. Soon the hemovigilance framework progressed toward becoming represented by the legal specialists [9,11]. In other countries, hemovigilance is known by another name. In the United Kingdom (UK), Canada and the Netherlands, hemovigilance systems are known as Serious Hazards of Transfusion (SHOT), Transfusion Transmitted Injuries Surveillance System (TTISS), and Transfusion Reactions in Patients (TRIP), respectively. The Norwegian Haemovigilance System is known as a Troll. It was introduced in the year 2003 as a voluntary and confidential reporting system. The information from entrenched hemovigilance frameworks of different nations, for example, the UK, the Netherlands, Japan, Russia, Switzerland, and the United States of America (USA) has assumed appreciative understanding keen on diverse processes which can be beneficial in an improvement of the blood safety [8]. In the USA, in order to accomplish obligatory reporting requirements or a portion of the safety of patient improvement initiatives, hospital transfusion services report all the different hemovigilance happenings to federal, state, and non-governmental organizations (NGOs) [14, 15]. In 2004, The Norwegian hemovigilance system initiated a system of reporting which is directed to professional and voluntary systems. In 2007, haemovigilance turned out to be the duty of an expert, according to the European Union (EU) blood instruction, and recording of serious adverse reactions (SARS) and serious adverse events (SAEs) grew into being obligatory [16].
Excluding Japan, which has disseminated the information about antagonistic responses, there is a nonexistence of established hemovigilance framework and inadequacy of hemovigilance information between the Asian countries [8]. One of the essential in the nation is the hemovigilance framework to have an exhaustive way to deal with the addressed matters of antagonistic response succeeding transfusion of blood and its products.
In 2004, South Korea introduced the Korean Hemovigilance Systems for starting the activities for the additional enhancement of safety measures in blood transfusion [17]. In 2012, the neighboring country of Nepal in South Asia, India has launched a hemovigilance program, which is known as Haemovigilance Programme of India and makes a significant portion of a pharmacovigilance program at a nationwide level. With a roadmap of five years with four phases of hemovigilance, i.e., the phase of launching, the phase of expanding and partnership, the phase of development and conservation, and the phase of optimizing, it is an all-inclusive, integrated, and well-structured method [18].
Scope of Hemovigilance
Due to the regulations in the variety of reporting, the scope of assorted hemovigilance frameworks from the diverse countries reveals an inconsistency, i.e., reporting of adverse reactions versus reporting of adverse events, reporting of all versus reporting serious adverse reactions only; reporting only incidents in recipients or also in donors; reporting all adverse events or only the SARs in recipients [6]. Superlatively, the hemovigilance system needs to buffer strategies wherever all through the entire transfusion chain, from the preliminary donation of blood, passing out of blood, and blood transfusion to patients for the spotting, recording, and exploration of adverse events and responses, and proximate failures or errors identified with the blood transfusion. It ought to be very much fit between the blood transfusion office, hospital’s staff (clinical),and transfusion research or laboratories, hospital transfusion boards and the administrative office [19].
The Hemovigilance Program in the developing country of Nepal
Following this international development in hemovigilance, National Hemovigilance Reporting Guideline in Nepal was developed in 2017 by the Government of Nepal (GoN) through the National Bureau for Blood Transfusion Service (NBBTS) as a focal point for blood safety on behalf of the Ministry of Health and Population which provides the instructions on procedures covering the entire transfusion chain, their provision for transfusion to patients and their follow-up. The established Hemovigilance Program of Nepal is based on a non-punitive and anonymized approach. For the implementation of the Hemovigilance Program in Nepal, currently four hospitals (two government hospitals and two private hospitals) of Nepal are nominated. One of the nominated hospitals is the Nepal Cancer Hospital and Research Center which is an oncology-based hospital of Nepal. After the pilot study, it will be increased accordingly for the next year. The ultimate goal of the Hemovigilance Program of Nepal is to become a part of the international hemovigilance network. However, the concept of hemovigilance is not well developed in Nepal, the least developed country in South Asia.
Hemovigilance setup at Nepal Cancer Hospital and Research Center (NCHRC)
An acceptance of the hemovigilance system in an oncology hospital or in any hospitals in Nepal or globally can inhibit the occurrence or recurrence of adverse events related to the entire transfusion chain. Nepal Cancer Hospital and Research Center (NCHRC) which is an oncology based hospital in Nepal follows National Hemovigilance Reporting Guideline in Nepal (2017). All the serious adverse reactions (SARs) are reported that comprise immunological haemolysis due to ABO incompatibility and other alloantibody, non-immunological haemolysis, transfusion-transmitted bacterial infection, anaphylaxis/ hypersensitivity, transfusion-related acute lung injury (TRALI), transfusion-transmitted viral infections (HBV,HCV,HIV ½ and others), transfusion-transmitted parasitical infection (malaria), post-transfusion purpura, graft versus host disease, transfusion-associated circulatory overload (TACO), and febrile non hemolytic transfusion reactions (FNHTR). All these SARs are reported via Form 1of Blood Transfusion Monitoring Record and Form 2 of Blood Transfusion Reaction Record (Appendix I and II) once the blood is ordered from the blood bank.
According to Form 1 conditions of the patient (general appearance of the patient, temperature, pulse, blood pressure, respiration) are monitored before and during the blood transfusion, before
The organogram of the Nepal Hemovigilance System
Citation: Medical University 1, 1; 10.2478/medu-2018-0008
the beginning of the transfusion and as soon as the transfusion is in progress every next fifteen minutes. After that every hour up to 4 hours, monitoring of blood transfusion is performed. According to Form 2, different types of the transfusion reaction (fever, chills, rigors or urticaria, pruritis, flushing or hypotension, anxiety, oliguria, renal failure, anaphylaxis, shock, dyspnea, orthopnea, cough, tachycardia and delayed transfusion reactions like fever, decreasing hemoglobin) are noted before beginning the transfusion, as soon as the transfusion is started and after fifteen minutes after the transfusion. After that every hour up to four hours, monitoring of blood transfusion is performed.
The attending nursing staff of the hospital reports the suspected transfusion reaction immediately to the attending physician along with the documentation of the blood transfusion monitoring and reaction record forms and submission of required samples to the laboratory. The attending physician considers the incident through the relevant Hospital Based Transfusion Committee (HBTC) every month for its validation through the details of the transfusion reaction work-up reports. HBTC reports the details of the clinical and laboratory investigations to the National Technical Advisory Committee/Hemovigilance Advisory Committee for analysis and reporting, under the direction of an expert panel. Reports of this analysis along with the suggestions including preventive and corrective actions that have to be carried out will be disseminated to the participating health facilities. Finally, they will be published by National Public Health Laboratory (NPHL) / NBBTS annually at NPHL website and in a published booklet for public and concerned stakeholders.
Strategies for implementing hemovigilance at the hospital
There are strategies for the successful implementation of hemovigilance at the hospital which include awareness, education, and training. They are very important to every characteristic of blood safety. Education on hemovigilance can be given in the form of Continue Medical Educations (CME), awareness, lectures, seminars, and symposium, etc. for health care professionals including medical oncologists, doctors, pharmacists, nurses, and even patients. Additionally, it is necessary to develop a committee on hemovigilance within a hospital to encourage synchronization between the blood users and blood providers. Adequate maintenance of blood transfusion reactions records in the hospital should be done. Learning from the other countries which have already successfully implemented the hemovigilance system in their countries and taking guidance from the countries where this program has already been implemented successfully, but at the same time before the start of this program, we should keep in mind the local conditions of the area.
In healthcare settings, hemovigilance is considered as a new system which is essential and which has been following by a numerous nation, especially in an emerging country like Nepal. The incorporation of the hemovigilance system in a hospital can improve the patient care, the blood-related safety, and blood transfusions. Hemovigilance is a surveillance procedure for recognized adverse events and also sentinel recording and documenting of unpredicted adverse events which occur during or after the transfusions. Working as a bridge, Hemovigilance develops the safety through benchmarking to encourage superlative practices and by empowering brisk reactions to new threats regarding blood transfusions [21]. However, these days, blood transfusions are particularly harmless, yet obligatory vigilance is required for ensuring appropriate safety use of blood and blood products [11].
In conclusion, there is an interminable and endless necessity for the effort on hemovigilance; although the rules, regulations, and tools are in place, but there is still the prerequisite of beginning the spot-on awareness and alertness system in order to make certain that the measures will be followed and that hemovigilance will help to prevent undesired reactions related to entire blood transfusion chains. With the end goal to have a productive hemovigilance framework globally, an extensive methodology and enormous idea are required. A simplified tool for data collection using standardized instruments at the hospital level and with a good coordination at the national level can bring up effective hemovigilance system within a country. The data and information from that standardized tools can be utilized as a quality marker to screen blood security and furthermore contribute essentially to evidence-based medicine as well as help to bring together different related stakeholders and /or get access to the prevailing blood policies. At the worldwide level, the hemovigilance framework must be encouraged and institutionalized to improve transfusion safety and the public confidence as well. Furthermore, more researches should be conducted in this hemovigilance framework to create a national and international database.
Acquired Immunodeficiency Syndrome
Blood Transfusion Service
CBTSC
Central Blood Transfusion Service Center
HBTC
Hospital-Based Transfusion Committee
MOHP
Ministry of Health and Population
NBBTS
National Bureau for Blood Transfusion Service
NPHL
National Public Health Laboratory
NRCS
Nepal Red Cross Society
Serious Adverse Reactions
Serious Hazards of Transfusion
Transfusion-associated circulatory overload
Transfusion-related acute lung injury
TTIs
Transfusion Transmissible Infections
TTISS
Transfusion Transmitted Injuries Surveillance System
Ethics approval and consent to participate Not Applicable
Consent for publication Not Applicable
Availability of data and material Not Applicable
Competing interests None
Funding The author(s) received no financial support for the research, authorship, and/or publication of this article.
AS and SS (a) visualized the concept and were responsible for writing the manuscript. AS and RMS provided the information regarding Nepal issues. SS (b) reviewed the manuscript and added further information regarding historical aspects. All authors contributed to and approved the final version of the manuscript.
Conflict of Interest Statement The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
1↑
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Robillard P, Nawej KI, Jochem K. The Quebec hemovigilance system: description and results from the first two years. Transfus Apher Sci. 2004;31(2):111-22. https://doi.org/10.1016/j.transci.2004.07.005
Giampaolo A, Piccinini V, Catalano L, Abbonizio F, Hassan HJ. The first data from the haemovigilance system in Italy. Blood Transfus. 2007;5(2):66-74. https://doi.org/10.2450/2007.0001-07
Kleinman SH, Busch MP. The risks of transfusion-transmitted infection: direct estimation and mathematical modelling. Baillieres Best Pract Res Clin Haematol. 2000;13(4):631-49. https://doi.org/10.1053/beha.2000.0104
de Vries RR, Faber JC, Strengers PF. Haemovigilance: an effective tool for improving transfusion practice. Vox Sang. 2011;100(1):60-7. https://doi.org/10.1111/j.1423-0410.2010.01442.x
Faber JC. Haemovigilance procedure in transfusion medicine. Hematol J. 2004;5(Suppl 3):S74-82. https://doi.org/10.1038/sj.thj.6200427
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FORM 1: BLOOD TRANSFUSION MONITORING RECORD
Name of the hospital and address, Fax No. and E-mail address
Blood Transfusion Record
Name of patient: Age/Sex: Ward/Bed:
Inpatient No.: Patient’s ABO & Rh: Donor No.:
Donor ABO & Rh: Date of transfusion: Bag No.:
Transfusion started by: Time of transfusion: Hosp. code No:
Type of blood product transfused: WB □, PRC □, PRP □, FFP □, Cryoprecipitate □
Conditions of the patient to be
Before starting the transfusion
As soon as the transfusion is started
Fifteen minutes after the transfusion
Hourly Monitoring of blood transfusion
The general appearance of the patient
Pulse (/min)
Blood pressure (mmHg)
Respiration (/min)
The first few minutes of a blood transfusion are crucial. Therefore, continuous attention needs to be given at least for fifteen minutes and if any reaction is suspected immediately stop the flow, start IV drip, inform BTS Centre, complete the transfusion reaction form, and follow instructions as given in the next page.
Signature of Physician
Signature of Nursing In charge
FORM 2: BLOOD TRANSFUSION REACTION RECORD
Blood transfusion records
Donor’s ABO& Rh: Date of transfusion: Bag No.:
Type of blood product transfused: WB □, WRC □, PRP □, FFP □, Cryo □
Type of transfusion reaction
• Fever, сhills, rigors
• Urticaria, pruritis, flushing
• Hypotension, anxiety, oliguria, renal failure
• Anaphylaxis/Shock
• Dyspnea, orthopnea, cough, tachycardia
• Delayed: fever, decreasing Hb
**In case of a reaction, a comment from the physician:
Signature of the physician
Instructions to the staff:
The moment reaction occurs, first stop further transfusion of blood, complete the transfusion reaction report form, and take the
following samples, and send with the report to the BTSC for laboratory investigations:
For immediate post-transfusion blood samples (1 clotted and 1 anti-coagulated) from the vein opposite the infusion site.
Blood culture from a blood bag
The blood unit and transfusion set containing residual blood
The first specimen of the patient’s urine following the reaction
Additional samples depending on the patient’s condition.
To be printed on the Reverse of Blood Transfusion Monitoring Record Form
Please do attach Lab Investigations Report along with the sample
Medical University, Volume 1, Issue 1, Pages 47–54, eISSN 2544-9818, DOI: https://doi.org/10.2478/medu-2018-0008.
© 2018 Sunil Shrestha, published by Sciendo. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License. BY-NC-ND 3.0
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Flying Cars: A reality!
Devanshi Batra
The world has been dreaming of flying cars for decades now. From movies to comics, it’s been probably every hook and crook of our imagination. While during all this time it is important to note the rapid growth of automobile companies. However, recently, they reached a new height by turning our imagination into reality.
Yes, flying cars are now a reality!
Image Source: pakwheels
The SkyDrive Project
SkyDrive, a Japan-based urban air mobility solutions company has successfully executed the country’s first public demonstration of a flying car.
The SkyDrive project was started as a volunteer project in 2012 and was called Cartivator. The funding came from top Japanese companies. This included Toyota, Panasonic, and Bandai Namco.
The successful flight
A test flight video of the new SD-03 flying car was shared with reporters. It had one person aboard and lifted about 1-2 meters above the ground. Moreover, the test was conducted in a netted area at the Toyota Test field.
The new flying car hovered for 4 minutes. Whereas it has a potential of about 5 to 10 minutes. Besides the company thinks that it will have more potential if the time duration reaches 30 minutes. This potential will include exports to places like China.
Future of the project
The CEO of SkyDrive, Tomohiro Fukuzawa expressed his hope that the flying car can be made into a usable product by 2023. He asserted that safety must still also be important for the same.
While talking to Associated Press he said: “Of the world’s more than 100 flying car projects, only a handful have succeeded with a person on board.” He added, “I hope many people will want to ride it and feel safe.”
The eVTOL which means electric vertical takeoff and landing offers point-to-point personal travel. While we have aeroplanes and helicopters in contrast.
Along with this, they could help reduce the hassle of airports, traffic jams, and the expense of employing pilots. However, there are many challenges ahead.
Flying Car and its Challenges
The potential challenges can be battery sizes, air traffic control, and other infrastructure concerns. These are just problems. Additionally, there will be many challenges that are a part of commercializing this mode. Such concerns have been expressed by experts.
Moreover, the success of this test will flight has implications. This means that the flying car will be tested out of the Toyota Test field till the end of the year.
Delhi University prepares to reopen offline for final year students
Campus Ki Khabar Falguni Chanchlani - January 11, 2021 0
The University of Delhi is all set to organize offline practical classes for final year students. According to the Dean of Students’ Welfare, this...
Hold on and read the WhatsApp Privacy Policy first!
With a user base of 20 million, WhatsApp Messenger, the adopted child of Facebook, has come up with a new update - an update...
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by DuosDual December 22, 2017
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DVDfever.co.uk
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GTA V – PC, PS4 and Xbox One trailer and full release details!
On September 12, 2014 10:25 pm By Dom Robinson In Movie, TV & game trailers, News, Press releases
GTA V is coming to PC, PS4 and Xbox One – but when, and what extra will it contain in the wonderful world of 1080p graphics??! Patience, my pet, and read on… The new console …
The San Andreas Flight School Event Weekend – August 22-24 – GTA Online
On August 22, 2014 10:06 pm By Dom Robinson In News, Press releases
The San Andreas Flight School Event Weekend runs from today, August 22nd, up until Sunday, August 24th, and it’s it’s time for fight AND flight as it takes off in GTA Online. That’s three days …
The GTA Online San Andreas Flight School Update – Now Available
On August 19, 2014 10:00 pm By Dom Robinson In Movie, TV & game trailers, News, Press releases
The GTA Online San Andreas Flight School Update is now available, and if you think you’ve got what it takes to be awesome, and you want to take yourself to the absolute limit – even …
The San Andreas Flight School Update for GTA Online starts tomorrow
The San Andreas Flight School Update starts tomorrow for GTA Online, allowing you to enjoy the thrill and exhilaration of being a patriotic hero. This new update will feature a collection of new air and …
GTA V out on PS4, Xbox One and PC this autumn
On June 10, 2014 2:50 pm By Dom Robinson In News, Press releases
Yes, you knew the announcement was going to come sooner or later, but the wait is over as it has been confirmed that GTA V is being released on PS4, Xbox One and PC this …
GTA Online – The High Life Update is now available
On May 13, 2014 11:28 pm By Dom Robinson In News, Press releases
The High Life Update is now available to download for GTA Online, and it gives you the chance to live life large in Los Santos, owning two properties at any one time, as well as …
GTA Online – The High Life Update due next Tuesday
On May 8, 2014 11:16 pm By Dom Robinson In News, Press releases
The High Life Update is due on Tuesday May 13th on GTA Online, allowing you to expand your foothold in Los Santos, featuring new high-end apartments, multi-property ownership, four new vehicles, the powerful Bullpup Rifle …
GTA Online – New Rockstar Verified Jobs – #CaptureWeekend Selections
Four more new Rockstar-Verified Jobs are now available as a result of the Capture Weekend Selections, and chosen from among the scores of creations submitted by fans following the release of the GTA Online Capture …
GTA Online – Rockstar Game Tips: Dominating Capture Jobs
On April 10, 2014 10:56 pm By Dom Robinson In News, Press releases
Dominating Capture Jobs is what this GTA V feature is all about as this Friday sees the release of the Capture Creator update, and there’s double GTA$ and RP currently active for all Capture Jobs, …
GTA Online Capture Creator coming this Friday – Get Double GTA$ & RP on Capture Jobs Now
On April 8, 2014 11:42 pm By Dom Robinson In News, Press releases
Capture Creator is a creator which will allow you to create (as the verb suggests) your own Capture Jobs, with the GTA Online Creator tool. Due out on Friday, you’ll be able to create jobs …
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Ukraine Kyiv Kyiv
Titanic. Ship of Dreams
Chervonoarmiyska (Bolshaya Vasilkovskaya) St. 55
Price: 130 – 150 UAH
Working hours: from 10 a.m. to 9 p.m.
The exhibition “Titanic. Ship of Dreams” was opened in the Kyiv NSC Olympic on October 6th. It is dedicated to the legendary ship that sank in the Atlantic in April, 1912. Ukraine is the first East European country, where this exposition is presented. More than 1.5 million people in different countries of the world saw it so far.
More than 200 exhibits are shown there. They include installations, original artifacts, photographs and objects of that time, which have to do with the liner and its passengers. The exposition tells the human tragedy and not only the technical story of the ship.
At first, visitors have to cross special bridge in order to get on board. That is how people used to board a ship 101 years ago. The first hall features a big photograph of Lieutenant William Murdoch, who was in charge on the bridge the night when Titanic collided with an iceberg. Then, excursion continues in the steerage, where bunk beds and a washbasin are arranged in a narrow room. The luxurious corridor with cut-glass chandeliers leads to the first- and second-class rooms. Excursion ends in the technical rooms of the ship. A copy of an iceberg is exhibited there. It is the only exhibit, which you are allowed to touch.
Postcards and photos, cutlery and jewelry, furniture and chandeliers, books and tools are just a little part of all items that can be seen at the exhibition. The single object, which was raised directly from the seabed, is coal that had been stored in the ship's boiler room number 1. Other items are property of rescued passengers, imitation of interior or things from Titanic’s twin-ship – Olympic.
The exhibition will last until March 16th, 2014.
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Documentary Animation Discourse
Animated Documentary Research and Practice by Alex Widdowson
Tag: Documentary
Agnieska Piotrowska’s PhD thesis Psychoanalysis and Ethics in documentary Film
Agnieska Piotrowska, in her PhD thesis, Psychoanalysis and Ethics in documentary Film (2012), argues that the bond that develops between a filmmaker and participant is akin to transference love, a psychoanalytic term that describes an attachment that develops between analyst and analysand, determined by the power dynamics in the relationship. Piotrowska argues the intense experience of documentary production typically culminates in a betrayal where, unlike analysis, a film is produced that is largely under the control of the director and thus reflects their fantasies and desires as opposed to the participants. The film is then irrevocably released to the public often to the horror of the participant. While Piotrowska does not provide a solution to this dilemma, her extensive analysis of reflexivity in documentary practice is helpful in addressing broader ethical concerns.
Is documentary unethical?
Piotrowska refers to Krzysztof Kieślowski a Polish director who pivoted in his career from documentary to fiction, reportedly for ethical reasons (2012: 104). Kieślowski wrote ‘…I am frightened of real tears. In fact, I don’t know if I have the right to photograph them.’ (in Cousins & MacDonald 1988: 316).
Slavoj Žižek (2006) quotes Kieślowski’s words in his analysis of the documentary form arguing that it is fundamentally predatory, and subsequently unethical. He characterises the genera as ‘emotional pornography’ (Žižek 2006: 30). Žižek evokes a ‘No trespassers!’ sign and proclaims that to avoid ‘pornographic obscenity’ tender subjects should only be approached via fiction (Žižek 2006: 31).
Piotrowska suggests, Žižek may have drawn too bold a conclusion from his reading of Kieślowski’s documentary work. Žižek bases his conclusion partly on a scene in Kieślowski’s reflections on his 1974 documentary First Love, in which a farther cries after his first child is born (Piotrowska 2012: 106). However, Kieślowski’s later account of ethical concerns in his documentary work was more closely connected to the necessity and inescapabilty of manipulating reality through the documentary process. This is in contrast to Žižek’s explicit focus on the unwieldly intrusion into the intimate lives of documentary participants (Kieślowski & Stok 1993: 64).
Žižek and Kieślowski are referring to different formulations of unethical behaviour when analysing the filmmaker’s decision to abandon documentary practice. I have come to refer to the primary commitments for a documentary filmmaker as the documentary ethics trichotomy, based on Jay Ruby’s list of moral responsibilities that every documentary director must balance:
‘(1) the image maker’s personal moral contract to produce an image that is somehow a true reflection of their intention in making the image in the first place-to, use a cliché, it is being true to one’s self; (2) the moral obligation of the producer to his or her subjects; and (3) the moral obligation of the producer to the potential audience’ (2005: 211).
Žižek explicitly refers to the director neglecting their duty of care towards the participant, which includes the right to privacy (Pryluck 2005: 200). Thus, Žižek conceives Kieślowski over emphasising his commitment to his audience, or in other words strictly adhering to the public’s right to know the truth. It may also be argued that Žižek is suggesting that Kieślowski over played his commitment to his own film by channelling an obscene and intrusive desire to capture compelling footage.
This subtly contrasts Kieślowski’s own conception of his unethical activity. He clearly identifies regret and unease regarding the over emphasis on his own ethical commitment to his documentary practice, at the expense of both a breach in his commitment to factual reporting for his audience and possibly the exploitation of participants in order to do so.
Žižek’s misreading of Kieślowski’s motivations for leaving documentary undermines the argument that documentary is a predatory practice. While Kieślowski shared these concerns to an extent, he was focused on his misleading of the audience and the inability to create objective artefacts for displaying truth.
Calvin Pryluck identifies a key insight into how to balance two poles of the documentary ethics trichotomy. The participants right to privacy and their control over the outcome of the film should be proportional to their power and standing in society, the less powerful they are, the more their rights should be exercised. The greater the participants standing in society the greater the public’s right to intrude in their lives and the less influence they should have over the final film (Ruby 2005: 204-205).
While the participant’s influence over the outcome of the film does have a baring on the director’s moral commitment to their work, there is no variable within this formulation that indicates how a director should understand their commitment to themselves, i.e. what circumstances would affect a director to question their own desires. This is where Piotrowska’s psychoanalytic insights into the nature of the director’s unconscious desire become useful.
Before moving on to Piotrowska’s psychoanalytic reading of the documentary participant relationship, I would argue that animated documentary can resist what Žižek characterises as ‘pornographic obscenity’ (Žižek 2006: 30-31). The intrusive capturing of images would be replaced by the careful reconstruction of mimetic, stylised or evocative images, each of which could be approved by the participant before entering production. Similarly, Kieslowski’s concerns regarding the manipulation of reality at the expense of the audience’s reception of truth would be mitigated by an animated image which is recognisably constructed and makes no false claim to be representative of anything other than an impression of reality by the artist.
The psychoanalysis metaphor for documentary practice
Elizabeth Cowie (2011) argues there is a tension in all documentary practice between the ‘scientific recording of what one sees and somehow the desire to give it meaning and perhaps make it more beautiful.’ She refers to these as ‘contradictory desires’ (2011: 2). Cowie also identifies unconscious desires present in the makeup of documentary production, shifting the nature of the debate from ‘a discourse of sobriety’ (Nichols 1991: 4, Nichols 2010: 36), something akin to scientific investigation, to a ‘discourse of desire’ (Cowie in Gaines 1999: 25) in which the director is pursuing and delivering pleasure as well as knowledge to their audience (Piotrowska 2012: 91). Michael Renov extends this argument calling documentary a ‘discourse of jouissance’, suggesting the filmmaker’s unconscious desires are likely to be exercised through the practice amidst attempts to represent reality (Renov 2004: 23).
In stark contrast to Nichols’ discourse of sobriety and the scientific objectivity that it connotes, Piotrowska argues the nature of the relationship between filmmaker and participant is a space of psychoanalytic turbulence in which both parties express unconscious desires, typically in the form of transferential love (Piotrowska, 2012: 74). Transference is not a phenomenon exclusive to the practice of psychoanalysis. When Jacque Lacan drew his own conclusions about the nature of transference in a psychoanalytic context, he used examples from outside of the clinic, including the dynamics between teachers and students (Piotrowska 2012: 72).
‘It is the idea of the illusion of knowledge inducing desire, which makes transference relevant in interrogating relationships outside the clinic too – in education in particular but also in other situations which feature a potential imbalance of power’ (Ibid.).
Lacan, however, does not insist that transference must be avoided, it is an inevitable phenomenon that should be embraced and accepted as a kind of love. A love that can be utilised as a tool in the psychoanalytic process (Ibid.: 73).
Piotrowska makes the connection between psychoanalysis and documentary explicit:
‘Documentary filmmakers often appear the perfect canvases on which to draw one’s emotions. Just like psychoanalyst, they listen, they try to stay ‘professional’ regardless of their drives, they attempt to hold on to their boundaries in order not to reveal too much of themselves to those about whom they make films. These very attempts of course make them perfect candidates for experiencing transference from those who they make films about.’ (ibid.: 74)
Piotrowska emphasizes that while there is an erotic subtext to transference it is not necessarily sexual in nature (ibid.: 79). It is instead a bond formed by one’s counterpart occupying a subject position that triggers unconscious desires in oneself. Lacan also makes no distinction between transference and countertransference, suggesting both the analysand and analyst are experiencing the same phenomena (ibid.: 72).
Piotrowska suggest another way in which documentary and Lacanian psychoanalysis are similar is that documentary does not attempt to remedy the problems in the lives of the participants. Lacanian analysis aims to develop understanding of an analysand’s unconscious activity rather than cure it (Piotrowska 2012: 56).
Piotrowska makes some compelling arguments as to why the relationship between filmmaker and documentary participant is akin to analyst and analysand. To support her argument she explores a number of case studies from her own documentary practice and analyses the relationship between Claude Lanzmann and Abraham Bomba during the production of Shoah (1985) (Piotrowska 2012: 208-212).
As Piotrowska illuminates the presence of transferential love as an inevitable factor in documentary production, it is the differences between filmmaking and psychoanalysis that expose the possible ethical dilemmas.
‘The point is not that the documentary encounter is ‘like’ psychotherapy or psychoanalysis; it is rather the exact opposite: through the structure of the encounter and powerful unconscious mechanisms a situation might arise leading to a profound ‘misrecognition’ on the part of the subject of the film and the filmmaker alike. A documentary encounter might feel like a special safe place in which one is listened to and even loved, but that private space will soon enough be turned into a public spectacle – a process which carries with it inherent dangers.’ (2012: 56)
Documentary filmmakers, while attempting to hold together professional boundaries, lack the frameworks for understanding and making use of transferential love. ‘Because these phenomena are not named in documentary film, they remain hidden and create confusion and sometimes hurt’ (Piotrowska 2012: 74).
What makes these circumstances even more concerning is that the more vulnerable you are as a participant the more susceptible you may be to desire the filmmaker’s attention and inferred insights. ‘The filmmaker in the society of spectacle, can in some circumstances become a bearer of a clear possibility for symbolising the potential subject’s relationship with the Real [the Lacanian term for the unsymbolised] and thus be particularly seductive for those whose traumas appear un-symbolisable’ (2012: 140). For example, it is possible that the trauma of the Holocaust contributed to Bomba developing a transferential relationship with Lanzmann.
According to Piotrowska, the completion of a documentary film typically culminates in various forms of betrayal.
‘Having agreed to take part in a documentary project, sometimes longed for it to come to being, having had complex fantasies about the film and the filmmaker, when the film is finished, the people in it mostly hate it. This phenomenon is so ubiquitous that the executives in broadcast television usually forbid the filmmakers to show their films to their subjects before the documentaries are screened.’ (2012: 216)
The participant has no say over how the film takes its form. As a result, the film reflects more closely the unconscious desires and fantasies of the filmmaker, rather than the participant. After seeing the film there is now no way to stop its release.
Without stating it explicitly, the specific problems Piotrowska has pointed out illuminate possible antidotes to what she considers common ethical failures in documentary practice. Transferential love may develop between filmmaker and participant, I have certainly felt a sense of bonding take place in many of the film’s I’ve directed. This must be acknowledged by the filmmaker as more than a convenient benefit and recognised as an ethical conflict. In accordance they should adjust their duty of care to match the possibility that they have seduced their participant into a nonsexual loving relationship and visa versa. By rendering this knowledge conscious, Piotrowska can help a director to examine the nature of their and their participant’s desires. As a result, a director can wield a greater consideration for the participants best interests and help keep in check the director’s commitment to their own creative vision.
As transference is likely to be proportional to the vulnerability of the participant, any adjustments in the power relations between filmmaker and participant, can be proportional to Pryluck’s suggestions regarding how to adjust one’s approach towards a participant according to their standing in society. For instance, if a participant is from a marginalised group they could be invited to collaborate in the edit and creative development of the documentary. This will shape a film so it reflects a negotiation between theirs and the director’s desires and fantasies. This opportunity would not be offered to someone who had much more power in society than the director, such as a politician, as they are less likely to fall victim to transference and the greater public interest in exposing their private life out ways their right to privacy. This approach should reduce the likely hood that vulnerable participants feel betrayed and helpless upon the release of the film.
I feel slightly uneasy about assuming a marginalised participant is unconsciously experiencing love for me based on my power to illuminate them and hear their story. It feels obscenely presumptuous. However, it is important to hold in one’s mined that Piotrowska is drawing attention to unconscious activity as appose to concrete realities. She has articulated in psychoanalytic terms, the ethical imbalance when working with someone where there is an inherent power imbalance. It is also worth noting that much of psychoanalysis can induce an uneasy effect if rendered too literally.
Reflexivity
While Piotrowska does not allude to increased collaborative involvement with the participants as a possible antidote to the power imbalances that can result in transference, she does refer to reflexivity as a best practice quality of ethical documentary filmmaking. This is, in the first instance important because reflexivity encourages the filmmaker to self-scrutinise, leading to the illumination and negotiation of unconscious desires. Secondly, reflexivity allows for the audience to understand better the position from which the filmmaker is approaching the topic or participant. Thirdly, it can be used to encourage ethical engagement from audiences by forcing them to maintain a certain distance from the seductive qualities of the film.
In contrast to Nichols’ ‘discourse of sobriety’ (1991: 4, 2010: 36), Piotrowska conceives of documentary production, in part, as the product of a turbulent web of unconscious activity on the part of the director. ‘[Documentary filmmakers] mostly keep making different versions of the same film, perhaps unconsciously reworking some kind of trauma in a process of sublimation’ (2012: 68). According to Lacan, the psychoanalyst usually possesses some form of unconscious libidinal desire towards the analysand which must be rendered clear in their mind (Piotrowska 2012:72). ‘[This] is an important move as it dislodges the lingering stance in psychoanalysis of the psychoanalyst possessing all the power and solutions’ (Ibid.). Both the analyst and documentary filmmaker benefit from greater understanding of their own motivations and fallibility. Without self-reflexivity they would likely be trapped in cycles of behaviour that may be unethical. They could draw in their participants or analysands into an ill-defined dance in which repressed desires or traumas determine the terms of engagement.
From the perspective of the audience, there is a clear advantage to having as much insight into a filmmaker as possible when decoding how they have subjectively interpreted reality for the purposes of a documentary (Piotrowska 2012: 25). As Julian Barnes puts it in his fiction writing, ‘we need to know the history of the historian in order to understand the version that is being put in front of us’ (2011:12).
Susan Scheibler drew a distinction between the ‘constative’ and ‘performative’ tensions within the documentary genre, the constative referring to knowledge that is objective and unchanging, and the performative, as emblematic of subjective perspectives (in Renov 1993: 137). Piotrowska points out that ‘performative’ can also mean a documentary team setting up events that will unfold on camera. ‘This issue of the camera creating reality, which is not exactly staged but somehow impacted by the process itself, is also an important ethical issue in the genre – it is that notion too which bothered Krzysztof Kieślowski’ (Piotrowska 2012: 95). Even if the footage captured in a documentary production was a true reflection of “objective reality”, Piotrowska argues that it is much easier to manipulate the footage through editing than most audiences realised. ‘The spectator might have no idea how his or her perception has been altered through quite simple means: just cutting out a hesitation or a question could make an enormous difference to how you perceive the piece’ (2012: 95). Stella Bruzzi, echoes Scheibler in arguing that documentary is not a record of reality but rather a recording of a kind of ‘performance’ in the world (Bruzzi 2000: 3).
As an antidote to the performative manipulations of reality and the subjective undercurrent of the genre of documentary, Bruzzi identifies ‘performative documentary’, or what Nichols would call the participatory mode, in which the filmmaker enters the filmic frame as a participant (2001: 33). The filmmaker’s onscreen presence illuminates a certain honesty about the subjectivity of the film text as opposed to an objective record of events as they would occur naturally (Bruzzi 2000: 155). Piotrowska refers to Nick Broomfield’s performative (or in Nichols terminology, participatory) documentaries as a key example of this practice.
‘He is dismantling the conventional documentary because, in his mind, it doesn’t work. His films are ‘voyages of discovery for him’ and he wants ‘to take the audience with him’ (Broomfield in Jones et al 2010: 30), thus empowering them. The point is the filmmaker’s desire to demonstrate in some way the process of the filmmaking.’ (Piotrowska 2012: 96).
This reflexive aesthetic has its roots in Bertolt Brecht’s radical theatre, specifically his Verfremdungseffekt (distancing effect), which ‘reveal the workings of the theatre in order to empower the spectator to question rather than just to have a pleasant experience… Brecht wanted the artifice of the theatre to be stripped down so that the spectator, rather than suspending her disbelief, could instead become a co-author of the performance.’ (Piotrowska 2012: 97-98).
Piotrowska connects this distancing effect in documentary with the psychoanalytic term ‘suture’ which describes the painful transition from the Imaginary into the Symbolic i.e. the uncomfortable intersection between the realm of senses and the realm of language and the other (2012: 105). Piotrowska uses suture ‘to describe the spectators’ rupture from the illusory identification with the screen to the realisation that it is but an illusion through a reminder that the frame of the screen frames the limit of the spectator’s experience’ (Ibid.). As such, distancing effects hopefully jolt the audience out of a passive role and into the poise of a critic.
According to Ruby’s trichotomy of ethical responsibilities documentary filmmakers must consider, reflexivity is a direct response to ‘the moral obligation of the producer to the potential audience’ (Ruby 2005: 211). By treating the audience as active thinking agents and equipping them with the material to decode the desires and prejudices present in the text, the filmmaker would have acted ethically towards the audience. Piotrowska concludes that ‘the method of cutting out the author/the filmmaker rather than inscribing him or her into the text, has produced the greatest deceptions in the history of documentary film’ (2012: 118).
In my own animated documentary practice I have started to follow Broomfield’s example by including myself and my microphones in the films I animate. It is important to me to expose to the audience how strange a scenario a documentary interview is. The added artificiality of the images being purposefully rendered as opposed to captured, further highlights to the audience how I have performed my interpretation of reality. It is also important for me to be clearly present as the directing force behind the film, so the audience can understand the origin of these interpretations. Including these reflexive commitments helps me examine my own conscious desires and prejudices. I am aware I will be held accountable by my audience. This in turn heightens my sense of concern for gaining a balance between the ethical demands of my participant, my audience, and my creative project.
Barnes, J. (2011) The Sense of an Ending. London: Jonathan Cape.
Bruzzi, S. (2000) New Documentary: A Critical Introduction. London: Routledge.
Cousins, M. and MacDonald, K. (ed.) (1988) Imagining Reality. London: Faber & Faber.
Cowie, E. (2011) Recording Reality, Desiring the Real. London & Minneapolis: University of Minnesotta Press.
Gaines, J. & Renov, M. (eds.) (1999) Collecting Visible Evidence. Minneapolis: University of Minnesotta Press.
Jones, C., Jolliffe, G. & Zinnes, A. (2010) The Guerilla Film Makers Handbook. The Ultimate Guide to Digital Filmmaking. London: Continuum.
Kieślowski, K. & Stok, D. (1993) Kieślowski on Kieślowski. Trans. by D. Stok. London: Faber & Faber.
Nichols, B. (1991) Representing Reality: Issues and Concepts in Documentary. Bloomington: Indiana University Press.
Nichols, B. (2001) Introduction to Documentary. Bloomington: Indiana University Press.
Nichols, B. (2010 [2001]) Introduction to Documentary. Bloomington: Indiana University Press.
Parker, I. (2011) Lacanian Psychoanalysis: Revolutions in Subjectivity. London & New York: Routledge.
Pryluck, C. [1976] ‘Ultimately We Are All Outsiders: The Ethics of Documentary Filmmaking’ in New challenges for Documentary. (2005) ed. A. Rosenthal, J. Corner. Manchester University Press.
Renov, M. (1993) Theorizing Documentary. Minneapolis: The University of Minnesota Press.
Renov, M. (2004) The Subject of Documentary. Minneapolis: The University of Minnesotta Press.
Ruby, J. [1979] ‘The Ethics of Image making; or, “They’re going to Put me in the Movies, They’re Going to Make a Big Star Out of Me…’ in New challenges for Documentary. (2005) ed. A. Rosenthal, J. Corner. Manchester University Press.
Žižek, S. (2006) The Parallax View. Cambridge. Mass: MIT Press.
Author Alex WiddowsonPosted on 03/12/2020 Categories TheoryTags Agnieska Piotrowska, Documentary, Ethics, Piotrowska, PsychoanalysisLeave a comment on Agnieska Piotrowska’s PhD thesis Psychoanalysis and Ethics in documentary Film
Animating Documentary Modes: Navigating a theoretical model for animated documentary practice
First Published in the International Journal for Film and Media Arts, Universidade Lusófona, Lisbon.
Music & Clowns is an animated documentary that intimately portrays the subjectivity and relationships between my brother, our parents, and myself. This film will function as a case study to facilitate a reflective exploration and practice-informed analysis of some of the theoretical frameworks relevant to animated documentary discourse. Placing emphasis on Bill Nichols’ modes of documentary, I trace the influences, interactions, and specific application that this theoretical topology has had on Music & Clowns. Expanding upon Nichols’ framework by way of visual metaphors, I develop increasingly sophisticated models of the interactions between practice and theory, maintaining Nichols’ topology to integrate live-action and animated documentary traditions.
Bill Nichols, documentary modes, animated documentary, theory, practice
Music & Clowns is an animated documentary containing a rich portrait of someone with Down syndrome. This film was conceived as a response to the polemic documentary, A World Without Down Syndrome (Richards, 2016), presented by Sally Phillips, which addresses the introduction of Non-invasive Prenatal Testing (NIPT) to the United Kingdom (UK), and the likelihood that it will decrease the birth rate of people with Down syndrome. In the UK, prior to the introduction of NIPT testing, 90% of fetuses diagnosed with Down syndrome were aborted. In Iceland, after NIPT testing was introduced, the abortion rate rose to 100% (“Sally Phillips’s film on…”, 2016, para. 7-8).
It could be argued that the significant drop in the birth rate of people with Down syndrome fits Rob Nixon’s caracterisation of “slow violence”, a process or destruction that is gradual and often invisible (Carruth, 2013, p. 847). Jane Fisher, director of the support organisation, Antenatal Results and Choices, argues that these tests simply provide pregnant women with more accurate information. Phillips was criticised by Fischer for occupying an overtly pro-life position, attempting to directly influence the choices of pregnant women who are likely to give birth to a baby with Down syndrome (McVeigh, 2016, para. 5). It was also problematic that Phillips focused on the stories of people with Down syndrome who are high functioning. Fischer argued that Phillips’ thesis was informed by a relatively privileged experience of raising a high functioning child with Down syndrome. Despite Phillips’ son being representative of just a small fraction of the UK’s population of people with Down syndrome, she built an argument for the potential of the entire community to make societal contributions comparable to those without the diagnosis. In response to the dialogue between Phillips and Fisher I chose to create a film that placed emphasis away from the abortion debate, instead developing a film which tackles the under-representation of the ordinary lives of people with Down syndrome. This film provides qualitative evidence, which will hopefully demonstrate to audiences my brother Jamie’s human worth, irrespective of his profound limitations or capacity for proactive contributions to wider society.
Suzanne Buchan proposed that politically motivated animated documentaries can be characterised as an “encounter”, evoking for the viewer a sense of being “…“present” and/or involved in the subject matter and people depicted” (2014, p. 252). Music & Clowns has the potential to present viewers with an encounter with my family, positioning them in our home, immersed in our interpersonal dynamics. This film contains within it curated opportunities to observe Jamie’s unique personality, quality of life, and the influence his presence has had on my parents and I.
Despite Jamie’s extremely limited verbal communication, Music & Clowns attempts to demonstrate how funny, charming, and perceptive he is. The film is structured around a series of interviews I conducted with mine and Jamie’s mother (Anna) and father (David). Topics discussed, relevant to the political subtext, include how they both felt when first hearing of his diagnosis, as well as the impact of their decision to eventually move Jamie out of the family home into one run by carers. Anna, who was not provided with a prenatal diagnosis, does not express a position on the debate surrounding diagnosis informed abortions. In contrast, David alludes to his pro-life perspective. During the editing process his politicised opinions were selected based on their relevance to his informed perspective and rejected where it was possible to infer overt judgment regarding the choices made by others.
I also conducted interviews with Jamie. It felt necessary to grant him an active role in the documentary and offer him an opportunity to provide consent. The ethics of creating a film about someone who is not legally able to offer informed consent was a significant concern. In response to asking Jamie if he felt comfortable with me making a film about him, he laughed and kissed the microphone (figure 1). While it is tempting to infer consent from this act, I cannot assume he understands the difference between a private screening of the film and its wide distribution, and thus may not be able to forsee the potential impact of the film’s release on his life. In accordance with the Royal College of Art’s ethical procedures, David and Anna provided consent on Jamie’s behalf. In a later interview, without prompt, Jamie kissed the microphone once again. I interpreted this repetition as a signifier of his intuitive comprehension of the comedic value associated with unanticipated subversion. He was either making a joke in the former interview or observed my response, prompting a reenactment.
Figure 1: Jamie kissing the microphone. Screenshots from Music & Clowns, Alex Widdowson, 2018
Upon completion, I observed Jamie’s response to the film. He engaged enthusiastically with elements of the work, particularly those featuring clowns or music, and was able to recognise family members. However, his attempts to articulate his recognition or approval were cut short, possibly because the fast editing and dynamic animation may have been difficult for him to process. I do not consider this a flaw in the project as he is not the intended audience. If he were, the final outcome would be significantly different.
Music & Clowns addresses several ethical ambiguities, arguing for the social value of the life of someone who can’t care for themself, referencing Jamie’s limited ability to explain whether or not he is offering consent, deciphering obscured mental processes based on observation, questioning the legitimacy of each family members interpretation of his cognition, and challenging viewers to trust documentary value of a non-indexical method of representation to illustrate informed qualitative observations. In order to encourage critical engagement with the form and subject matter, the film possesses numerous reflexive devices. However, the multiple strategies employed in this film prevent it from being categorized in Bill Nichols’ reflexive mode. My choice to animate the presence of microphones in some scenes replicates and contrives a trope of the participatory mode. Interspersed between conventionally structured participatory scenes, structured around indexical testimony, are sequences that exemplify Bill Nichols’ performative mode, in which the subjectivity of a participant is evoked. In addition to this, the use of observational archive footage and the playful experimentation with form imply additional affiliations with both the observational and poetic mode. This complex medley of modal interactions has prompted my reevaluation of the relationships between animated and live action documentary practice, and the theoretical discourses relating animation to Nichols’ topology of documentary.
Developing visual metaphors to plott Nichols’ theoretical framework of documentary
John Grierson’s pithy definition of documentary as “the creative treatment of actuality” (1933, p. 8) has endured as the foundation of documentary theory. Annabelle Honess Roe argues this is partly due to a flexibility associated with epistemological “broadness” (2011, p. 216). Bill Nichols’ proposed modes of documentary create six subdivisions akin to sub-genres in his book, Introduction to Documentary (2001, p. 99, 1st ed.). His topology was composed of the “poetic mode”, which places emphasis on aesthetics rather than a subject; the “expository mode”, which presents a linear authoritative perspective; the “observational mode”, documenting a subject naturalistically; the “participatory mode”; focusing on the relationship between the filmmaker and subject; the “reflexive mode”, focusing on the relationship between the filmmaker and the audience; and the “performative mode”, attempting to represent subjective knowledge (2001, p. 125 & 138, 1st ed.). Collectively the modes appear, at first glance, to be a method for dividing the spectrum of documentary productions into distinct camps. This evoked for me an image of six pillars standing tall upon Grierson’s enduring foundation. Nichols’ rough chronology of the advent of each mode (2001, 138) could inform an extension of this metaphor indicating both the order and manner in which Nichols arranged the theoretical columns. The allegorical act of erecting individual columns could represent the linear progression implied by Nichols’ table of documentary modes (2001, 138).
Figure 2: Bill Nichols erecting the modes of documentary practice on top of John Grierson’s foundational definition, Alex Widdowson, 2018
Annabelle Honess Roe reviews early approaches to building a theoretical framework for animated documentary (2011, p. 223). These theoretical strategies anchored the discipline to individual modes of documentary practice proposed by Nichols. Contextualising animated documentary in this way further atomized his framework. The resultant discourse became preoccupied by conflicting opinions regarding which of the modes possessed animated documentary as a constituent. Sybil DelGaudio (1997, p. 192), while referencing an earlier publication by Nichols featuring just five modes (1991, p. 56), argued that animation was inherently reflexive in a documentary context because it functions as “metacommentary” by way of artistically interpreting conventional documentary sources. Gunnar Strøm undermines the idea that animated documentary is a subdivision of the reflexive mode by illuminating the culturally informed audience’s preconceived limitations on the practice. Non-fiction publications demonstrate that the written word, devoid of indexical mechanics, evidences the potential for animation to be capable of representing fiction and reality (2003, p. 52). This argument trivialises DelGaudio’s reflexive characterisation.
Strøm instead points to Nichols’ performative mode due to the emphasis it places on subject specific strategies of representation (2003, p. 53). Eric Patrick supports this categorisation, however, his argument shares similarities with both Strøm and DelGaudio by adding that “…the very nature of animation is to foreground its process and artifice” (as cited in Honess Roe, 2013, 18). Animation is therefore performative, evoking subjective of subject and animator, by way of a reflexive device.
Paul Ward, in contrast, considers the relationship between a documentarian animator and their subject demonstrates a participatory or “interactive” tendency within the discipline. Like Patrick, Ward focuses on the interpretation of testimony as animation, instead emphasizing the potential for dialogue between subject and filmmaker to facilitate representational authenticity through feedback (Ward, 2005 p 94-95).1
Honess Roe was critical of attempts to “shoehorn” animated documentary into Nichols’ modes, which were conceived with live action documentary in mind. Instead she establishes a framework specific to animation based on how the medium functions differently from live action in a documentary context (2011, p. 225). These included: “mimetic substitution”, in which live action documentary footage is imitated due to the absence of a camera or be impossibility of capturing events on film; “non-mimetic substitution”, where footage is replaced with illustrative or figurative imagery unbound by conventional documentary aesthetics; and “evocation”, which describes the use of animation to represent abstract and subjective concepts such as emotions, sensations, and mind-sets. (2011, pp. 225-227).
Nichols is also dismissive of attempts to segregate individual films into any one category, preferring a “mix and match” approach (2001, 34). He avoided categorising animated documentary into any particular mode. While not mentioned in the first edition of an Introduction to Documentary (2001), in the second edition (2010) he grounds various animated documentaries into two separate modes, while highlighting the overarching relevance of a third.
Characterised by the modernist tendency towards artistic interpretation, an emphasis on form and overthrowing conventions, Nichols references Silence (Bringas & Yadin, 1998) and Feeling My Way (Hodgson, 1997) as exemplars of the poetic mode in which the artist’s vision is foregrounded (2010, p.164). Nichols points to the stylized reenactments and metaphorical signifiers in Waltz With Bashir (Folman, 2008), Ryan (Landreth, 2004), and His Mother’s Voice (Tupicoff, 1997), attributing them to the performative mode (2010, 204). Furthermore, Nichols highlights the use of animation in documentaries as inherently reflexive. For at least some audience members animation prompts them to “question the assumption that a documentary must support its proposals or perspective with historically authentic footage” (2010, p. 33).
Despite his efforts to accommodate animated documentary in the second edition, Nichols has overlooked a significant portion of the discipline. The films he cited are certainly exemplars of the animated documentary cannon, however, Honess Roe, proposed a modal distinction between the films Nichols discussed and what she describes in her own topology as examples of mimetic substitution. The Sinking of the Lusitania (McCay, 2018) and the series Walking With Dinosaurs (BBC, 1999) use animation to replace absent or what would be impossible footage (2011, p.226). In the former, the intertitles represent the U.S. government’s propagandist motivations, and in the later a voice-over matches the contentions of natural history documentaries, linking both examples to the expository mode.
With Nichols’ “mix and match” approach in mind, my previously proposed architectural metaphor now appears to be superficial and inadequate. In its place I envisage a more complex gravitational system model, akin to a solar system, which may elucidate the interactions between the genre, modes of practice, and individual films.
Each mode, with its own gravitational field, orbits the documentary genre. In this model an individual film moves through the figurative solar system, initially guided by the directors intentions. The production’s progress is influenced by a number of gravitational fields in varying strengths, shaping the film’s trajectory. Some will arrange themselves like satellites, in tight orbits of a single mode, others will form a complex series of arcs as they travel between modes, through the system.
When extending the metaphor to account for the difference between animated and live action documentaries, one can observe that the two disciplines tend to be drawn to particular modes, and offer distinct qualities. Comparing the medium to a vehicle, allows us to account for animation’s time consuming nature, and thus these productions have a slower means of propulsion. Live action, which often involves larger crews for a shorter period of time, can be represented by larger, faster shuttles. Educational or industry training may be equivalent to a starting position or resting place. I imagine two distinct stations orbiting the documentary sun, one which services animation shuttles, the other larger live action ships.
The movement of the modes, in their orbit of the genre, may roughly characterise the shifts in trends throughout documentary history. Live action expository films, for instance, gradually rose and fell in prominence during the 20th Century. This tendency can be represented by the relative proximity of the two orbiting bodies at any given time. Tracking the 100 years would show the modes gradually rotating clockwise around the genera, before reaching their current position represented in figure 3.
Figure 3: Tracking modal influence and mediums used in Music & Clowns through a gravitational system model of the documentary genre, Alex Widdowson, 2018
Navigating documentary modes through animated documentary practice
Case study 1: Jamie’s aspiration to be a clown vs. his appreciation of clowns. Facilitating and visualising verbal metacommentary to further distinguish contrasting perspectives, manifested in the performative mode.
Music & Clowns is one of six films produced by the inaugural year group of animation masters students graduating, from the documentary pathway, at the Royal College of Art (RCA). Initially conceived by Joan Ashworth and Sylvie Bringas, following Ashworth’s departure as programme leader, Birgitta Hosea oversaw its launch in 2015. This coincided with the first Ecstatic Truth symposium, hosted by the RCA, and organised by Tereza Stehlikova and Hosea.
Figure 3, which tracks detectable influences from Bill Nichols modes of documentary in my graduate film, Music & Clowns, is a testament to how effective the master’s degree has been in familiarising me with documentary discourse. In addition to this training much of the success of this project is attributed to working with my family. It became clear early in development that 30 years of first hand experiences of my subjects facilitated unlimited access and provided an enormous advantage.
The performative qualities of animated documentary, argued by Strøm (2003) and Patrick (2004), and supported by Nichols’s reading of specific examples (2010, 111), are conceptually dominant in Music & Clowns. Nichols characterises performative documentary as, resisting the western philosophical tradition of knowledge as abstract and universal, instead promoting forms of knowledge that are subjective, constructed from lived experience and personal interpretation. Nichols emphasises that the performative mode promotes an interpretation of meaning as a “affect-laden phenomenon” (2001, 131). Jakub Traczyk, Agata Sobkow, and Tomasz Zaleskiewicz, faculty members from the University of Social Sciences and Humanities, Wroclaw, consolidate various definitions of affect-laden as follows:
People differ in the ease with which they create vivid mental images of various objects and situations. Consequently, affect-laden mental images should evoke emotions that differ in intensity in people who vary in mental imagery ability.
(2015, para. 35)
In the context of performative animated documentary, a directors role is to expand and articulate a subject’s affect-laden reading of a situation. The ambiguous nature of Jamie’s communication strategies provide numerous opportunities for this. The most tangible evidence for what Jamie is thinking at any time is his frequent reference to key interests. These include family members, favoured musicians, clowns, and the circus. More often than not these words or phrases are proclaimed spontaneously. The limitations on his ability to engage in dialogue makes it hard to contextualise his assertions and decipher his thought process. Despite not knowing what goes on in his head, the rest of the family are prone to speculation, often drawing different conclusions. For instance, while Anna thinks Jamie’s fascination with clowns must indicate that he has aspirations to be one, David disputes this, believing Jamie is drawn to clowns because their comedy is communicated almost entirely through body language and therefore more legible to him than other humour. Inspired by Samanta Moore’s “collaborative cycle” methodology (2014, pp. 105-125), I capture my parents differing perspectives by recording David’s feedback as he watched an early version of the film, featuring Anna’s speculations about Jamie’s aspirations. I then incorporated David’s verbal metacommentary into a later version of the film. This created space for David to narrate a shift in style between the two scenes, both of which are simulations of their respective affect-ladened interpretation of Jamie’s aspirations (see figure 4).
Figure 4: Jamie’s interest in clowns representing Anna’s and David’s perspectives. Screenshots from Music & Clowns, Alex Widdowson, 2018
Case study 2: Interpreting Jamie’s ambiguous behaviour. Demonstrating the complex inter-modal dynamics at play when shifting between the perspective of multiple documentary subjects
Some of the speculations about Jamie by the other subjects in Music & Clowns arguably reveal insight into the mindset and biases of that participant. When David recalls Jamie approaching him during a moment of stress, he compares his son’s touch to the effect of a “lightning conductor” (Widdowson, 2018), draining away the frustration. David is proud of Jamie’s sensitivity and perception. During an interview he proposed this anecdote as supportive evidence, however, I remember thinking that this story didn’t prove Jamie’s intentions. I’ve seen my brother approach my father this way a number of times but this instance stood out in David’s memory, possibly because of his vulnerability at that moment. Rather than demonstrating Jamie’s intention to comfort my father, I inferred from this memory that the anecdote was an indicator of confirmation bias. This term is used in behavioural science to describe people’s tendencies to overvalue information that supports an existing belief, while overlooking evidence that is unsupportive or contradictory (Heshmat, para. 2). During the editing process I reflected on how audiences might interpret the conflicting attitudes in this interview. I could see how David might be seen as a sentimentalist, where as I come across as more of a cynic. Resisting the impulse to introduce to the film as an argument for confirmation bias, I developed representational strategies to signify our conflicting interpretations and visualised the tension between them.
Figure 5: David’s colour Scanned frame from Music & Clowns, Alex Widdowson, 2018
The scene was initially rendered in TVPaint2. These digitally drawn frames were then printed and, with the help of four assistants, manually coloured. The shots where David experienced stress were shaded with charcoal, signifying his melancholy (see figure 5). Jamie is coloured using pastels, a signifier for David’s emotional reading of Jamie’s healing potential. Triggered at the point of contact, a wave of pigment radiates across the frame, vanquishing gloom from the scene. The temporal space of this reenacted memory is fractured when I enter the frame to question my father about his proposition. This break with documentary convention hybridised the performative reenactment with a participatory interview, invoking reflexivity. I signify my detached, analytical perspective by transitioning the imagery from printed, hand-coloured frames to stark, flat, digital colours rendered in TVPaint (see figure 6).
Figure 6: The perspective of David, hand coloured in charcoal and pastels, and Alex Widdowson, manifest as digital colour. Screenshots from Music & Clowns, Alex Widdowson, 2018 Screenshots from Music & Clowns, Alex Widdowson, 2018
Unlike the rest of the film, line-boil is absent from the digital character animation in this scene. This specialised term is used, in my experience as a practitioner, to refer to an animated line, the product of traced and sequential substitution, often looped, composed of a minimum of two drawings. The stillness of the fully digital sequence can be read as a further manifestation of the cynical nature of my critique. In contrast, the scanning process of the printed scenes was conducted with such haste that many frames are misaligned. When played in sequence, a tonal comparison with early black and white footage is noticeable. Where charcoal shading is dominant, the frame movement both invigorates the sequence and adds a turbulent quality. This was complimented in post-production with non-diegetic sound design featuring a recording of heavy rain. As pastels fill the frame the rain subsides, making way for bird song. The calming effect was further enhanced by my efforts to stabilise the josseling image sequence, correlation with the moment of transition. The cumulative result of these methods should invoke in the audience recognition of: firstly, an emotional shift in David, triggered by Jamie’s approach; followed by a change in tone, instigated by my intruding scepticism. The modal transition towards participation, and it’s reflexive connotation, rather than nullifying the performative qualities of the scene, illuminate the dynamics between active participants and their subjectivity. Jamie’s passivity, and lack of representation in the performative construct is informed by his absence during the source interview.
Case study 3: Approaching Jamie’s subjectivity. Demonstrating the complex ethical and inter-modal dynamics at play when representing the explicit perspective of an individual documentary subject.
Paul Wells, in an early attempt to innovate a topology specific to animated documentary in 1997, proposed four categories: the imitative, subjective, fantastic, and postmodern modes (Wells, 1997). Wells’ subjective mode recognised the attempt of documentary makers to use animation to represent the individual worldview of their subjects. This sub-category shares a close affinity with Nichols’ performative mode.
In two scenes I attempt to embody Jamie’s perspective. The first instance features abstract animation to emphasise the difficulty experienced, by both David and Anna, when imagining the manner in which Jamie thinks. This scene is unique in the film as the only sequence I chose not to animate myself. Emily Downe, a first year documentary animation student at the RCA, with an aptitude for abstractaction, had never met my brother. Her unfamiliarity with him liberated the scene from the potential signifiers which may have emerged if I were to have animated it. I anticipated that a lifetime of observing Jamie’s behaviour and appearance may have contaminated my attempts at abstraction (see figure 7).
Figure 7: An abstract representation of the impenetrability of Jamie’s consciousness. Screenshot from Music & Clowns, Alex Widdowson, 2018 (animated by Emily Downe).
The second attempt at representing Jamie’s subjectivity took Inspiration from A is for Autism, directed by Tim Webb (Arnall & Webb, 1992). In what Ward described as a “collaborative working method”, Webb encouraged the subjects of his film, who are on the autistic spectrum, to draw and discuss, on tape, their passions and concerns (p.94). In 2005, I was able to encourage Jamie to draw my portrait for an A-Level project about our relationship (see figure 8). Thirteen years later, he showed no interest in participating as an artist in Music & Clowns. I navigated around this by tracing, on my graphics tablet, drawings he created when he was younger. The resultant images, which were the basis for character designs of the entire family in this scene, do not constitute “Outsider Art”3. Roger Cardinal, coined the label Outsider Art to formulate an English language equivalent of Jean Dubuffet’s term, “Art Brut”. Their overlapping definitions encompass artwork created without traceable influence from contemporary art practice or history (Cardinal, 1972, p.21). The movement is associated with works produced by individuals who are either institutionally or mentally isolated from the art world. If Jamie’s drawings are identifiable as Outsider Art, my taking influence from his representational style could be interpreted as an inversion of the outsider convention due to my formal training, as well as my purposeful response to a recognised art movement. When considering my translations of his work, the indexical chain between Jamie’s drawings and the scene I’ve animated is significantly weak. With regards to the documentary process, the scene is better described as an imitation rather than a collaboration.
Figure 8: A portrait of Alex by Jamie. Jamie Widdowson, 2005, with permission from the artist’s parents.
My inability to solicit drawn contributions from Jamie prompted me to appropriate artwork he created in an educational context, approximately twenty five years ago. This process was further problematised by his inability to provide consent, in an informed manner, for me to use his artwork. Our shared parents, once again, took this decision on his behalf. While maintaining a strong degree of resemblance, the images I traced were significantly altered by adapting them into new mediums, and coloured, before being animated. The aforementioned conclusion, that my method was antithetical to Outsider Art, would not apply to A is for Autism, as the film is mitigated by the director’s significantly collaborative approach.
Mosaic Films, under the direction of Andy Glynn, have produced a number of animated documentaries which adopt performative devices comparable to the Music & Clowns, scene discussed in the previous two paragraphs. The Seeking Refuge series (2012), features first hand testimony from children who were forced to flee their homeland and chose to resettle in the United Kingdom. A comparison between two of the Seeking Refuge episodes reveals potential problems that arise from an imitative, as opposed to collaborative, performative animated documentary. There is a noticeable difference in the degree with which Glynn has executed artistic collaborations with the young refugees featured in each episode. This is demonstrated by Juliane’s Story (2012), animation direction by Karl Hammond at MUMMU Studio, and Ali’s Story (2012), animation direction by Salvador Maldonado, produced in house at Mosaic Films.
Ali’s Story is rendered without adherence to conventional perspective. The animation technique, commonly known as cut-out or 2 ½ D, makes use of flat puppets, consisting of individual bitmap images rigged together to make a character form. These are composited in a three dimensional digital space featuring parallaxing sets and backgrounds. Ali’s Story includes a mixture of digital imagery and scanned hand rendered artwork, much of which was created by the subject. His testimony emphasises a passion for drawing. A viewer has enough information to identify the influence Ali’s artwork had on the films art direction.
Juliane’s Story includes some animated references to what might be her own drawings. However, unlike Ali, she does not corroborate that these are her creations. The indexical link between Ali’s scanned drawings and those of Julianne’s are broken in this episode by the animators use of vector based tracing. The mechanical indifference of scanned original artwork, akin to the mechanisms of live action documentary, is entirely lost.
While this methodology is comparable to one used in Music & Clowns, audiences are left to infer a collaboration between Glynn, Hammond, and Juliane. Where as, this is explicitly evident in Ali’s Story. The increased creative dominance of the animators in Juliane’s Story makes the episode a relatively strong example of Nea Ehrlich’s characterisation of animation as “suspect and un-objective as a documentary language” (2011, para. 3).
Glynn described his interview methods during a panel discussion I attended at the animated documentary festival, Factual Animation Film Fuss (FAFF), in September 2015. Glynn, a trained clinical psychologist, recorded conversations with the pree-teen subjects of this series. From this he would extract the narration for the series by editing out his voice. Nichols referred to this process as the “masked interview”, utilised by observational documentaries in order to maintain the fly-on-the-wall aesthetic (2001, 113).
In contrast to the performative and participatory tone of the relevant scene in Music & Clowns, the Seeking Refuge series, directed by Glynn and supported by multiple animation directors, navigates a different path between modal influences, aligning very closely with performative conventions. This dominant mode contains within it a complex amalgam of other modes: a poetic animation, informed by an observational version of obscured participatory interviews.
Nichols describes a shift in prominence from the observational to participatory documentary modes. He partly attributes this trend to the limited scope of observational methodologies for exposing a director’s existing bias, as well as the disparity between a literal documentary crew and the figurative fly-on-the-wall (2001, 114). The strategies developed in the participatory mode were successful in mitigating these issues, providing further opportunities for filmmakers to reveal their existing prejudices by way of perceivable profilmic or audible interactions with subjects. Participatory documentaries also reveals some of the influence filmmakers have on events as they unfold (Nichols, 2001, 119). The weaknesses Nichols attributed to observational films, which prompted participatory innovations, helps further illuminate problems relating to ethics of authenticity when comparing Music & Clowns with Seeking Refuge.
Doctoring the interviews in the Seeking Refuge series obscures Glynn’s presence in order to remove potential distractions from the subjects’ testimony. However, whittling down the dialogue to produce a monologue nullifies the transparency and ethical benefits of the participatory act. The masked interview facilitates the construction of the performative strategy “We speak about ourselves to you”. This notion is essential to the performative mode and influenced by auto-ethnography (Nichols, 2001, 133-4). However, as mentioned previously the degree of influence the Seeking Refuge subjects had on the art direction of this series varied greatly.
Despite the visual auto-ethnographic and observational intentions of the seeking refuge series being either inconsistent or lost, animated documentary audiences are in an advantageous position, relative to viewers of a live action documentary. The indexicality of footage also helps to mask a filmmaker’s bias. Animation on the other hand provides continuous stream of fully constructed semiotic information, providing vast data set for a critical analysis of what prejudices may have informed the iconographic coding of each animated documentary. Ehrlich’s scepticism with regards to the limited documentary value of animation based on it’s “constructedness” (2011, parap. 3), is in these circumstances an advantage for a critical viewer.
There is also value to be found in reflecting on why these modal strategies were selected by the directors. In Music & Clowns I appropriated Jamie’s adolescent drawings out of necessity. He was out of practice and would not engage with a collaborative exercise. Where as, Ali’s accomplished drawings were, judging from his testimony, presented to the filmmakers with enthusiasm. Julianne on the other hand evidences no enthusiasm for drawing, possibly due to her level of ability and the self consciousness one could infer from this. Glynn may have masked his presence in the Seeking Refuge interviews because he probably considered his relationship with the participating children as irrelevant. In contrast, I chose to maintain a role in the scene with Jamie because our relationship is as much of a central theme as his ability to respond to questions and the performative interpretation of his subjectivity.
Other modal explorations in Music & Clowns
Music & Clowns features one observational scene composed of archive footage taken from a 1985 BBC Two documentary about my parents experience raising a child with Down syndrome (Chapple). This segment originally began with exposition from the programme narrator. The testimony then shifted to off camera masked interviews with my parents, participatory at the point of recording but observational in the context of the BBC Two documentary. The camera crew hid from sight, an explicitly observational filming technique, providing scope to record the dynamics between David and Anna, both in their thirties; Guy, my other brother, age two; and Jamie, age five. Within the context of Music & Clowns, careful editing of this footage allowed me to partially synchronise contemporary testimony from Anna and David with footage of them from over thirty years ago. The observational footage of my brother, visibly joyful and energetic, combined with the materiality of the damaged VHS recording may evoke a sensation of nostalgia. This is juxtaposed with contemporary participatory interviews I conducted with mine and Jamie’s parents. David describes Jamie’s decline after being moved out of the family home into one where he is assisted by carers. My brother, who was in his late 20s when this decision was made on his behalf, has since entered a gradual intellectual decline, probably caused in part by the relatively unstimulating and overly accommodating environment he lives in. Anna, responding to my questions about this decision describes her “no regrets” attitude, managing the associated guilt by explaining “you can only do what you think is best at the time” (Widdowson, 2018).
The affecting disorientation of combining conflictual visual and verbal narrative threads, complimented by a temporal displacement, places the scene closer to the performative mode. It may produce in a viewer a divided emotional state, something akin to cognitive dissonance, a term used in psychology to describe the discomfort of simultaneously experiencing conflicting thought processes (“Reference Terms Cognitive Dissonance”).
This pluralised subjectivity approach was inspired by Through the Hawthorn (2014). An animated documentary, commissioned by the Wellcome Trust, to communicate problems related to the disparate interpretations of risk and attitude that can develop during psychiatric treatment. Three directors: Anna Benner, Pia Borg, and Gemma Burditt, were each granted equal space within the frame, adopting contrasting methods to simultaneously represent the perspective of each of the three protagonists: a psychiatrist, a psychiatric patient, and the patient’s mother. Not strictly a documentary, the script was written by D. R. Hood and inspired by the 2011 non-fiction book, Henry’s Demons; co-authored by Henry and Patrick Cockburn; and informed by observations of family therapy sessions in a Hospital in South London (Borg). Despite the several degrees of separation between the animated film and the real world experiences that inspired it, Through the Hawthorn clearly demonstrates performative methodologies, which are situated within the experimental and formal concerns of the poetic mode.
The poetic mode sacrifices the conventions of continuity editing and the sense of a very specific location in time and place that follows from it to explore associations and patterns that involve temporal rhythms and spatial juxtapositions.
(Nichols, 2001, 102)
It could be argued that the prominence of formal devices, which help divide and structure my film, Music & Clowns, justify a poetic undertone. However, a performative and participatory reading of the film are more dominant. These devices could also be interpreted as having a reflexive connotation.
Unlike David, Anna and Jamie, I attempt to manifest my own subjectivity consistently throughout the film. Adopting the role of an inquisitive documentary filmmaker, the mimetic, untextured digital animation technique was intended to function as a baseline from which the aesthetics deviated throughout the film. Taking inspiration from Slaves: an Animated Documentary (Aronowitsch & Heilborn, 2003), and Ryan (Holborn, Smith, Page & Landreth, 2004), I signified both the participatory context of the audio recordings and emphasised my role as a documentarian by contriving the appearance of microphones in frame.
There is a conceptual difference between a utilitarian use of microphones and their symbolic inclusion an animated interview. Nick Broomfield’s confrontations with an unwilling documentary subject in Kurt & Courtney (1998), may not have become a film at all were he to ask for permission off camera. Thus, his wielding of a microphone is a necessity (Nicholson, 2001, 119). While microphones were present in my family home, similarly arranged to how they appear in Music & Clowns, this is not an example of Honess Roe’s mimetic-substitution category. I could have easily captured these scenes on camera as profilmic participatory interviews. This fact is evidenced to the audience when footage of me painting Jamie’s face appears alongside the end credits. By contriving participatory acts in animation I was able to both emphasise to audiences the dynamics between subject and filmmaker, while also promoting a reflexive metadiscourse, due to the purposefulness of this act. The reflexive potential of a contrived microphone adjustment is exemplified in the scene where Anna recalls her emotional state following Jamie’s birth and the subsequent diagnosis of Down syndrome. The animation features her in a hospital bed 40 years earlier holding Jamie in her arms. At the start of the scene, I adjust the microphone while I sit beside her, ten years before I was born. It is reasonable to predict some viewers may be momentarily distracted by this folding in of temporal space. Making use of Nichols’ comparison between the participatory and observational modes (2001,p. 125), the onscreen presence of an animated documentarian, microphone in hand, prompts the viewer to raise their awareness of the form, shifting focus momentarily from the relationship between me, the filmmaker and my subject, Anna, to the me, the filmmaker and them, my audience. I use this trope a number of times in the film, often with comedic effect.
While I would argue the act of navigating between multiple documentary modes is inherently reflexive, Music & Clowns, completes a full orbit of the performative mode in figure 3, indicating its dominance. However, Nichols warns of the strategic limitations of the mode to address objective truths, in addition to their “excessive” preoccupation with style (2001, 138). Ward also argues this point, highlighting the pertinence of these issues with regards to performative animated documentaries (2005, 86). This mirrors Ehrlich’s aforementioned concerns about the “constructedness” and “un-objective” constraints of animation in a documentary context (2011, parap. 3).
Rather than diminishing the authority of animation as a documentary medium, Okwui Enwezor, when addressing recent documentary innovations, argues such works “…raise new relations of ethics and aesthetics because instead of presenting the viewer with non-negotiable facts, they create a ‘truth process’” (Ehrlich, 2013, p. 252). This mirrors Werner Herzog’s attack on the preoccupation within the documentary tradition for seeking objective truths. Herzog mocks this concept comparing it to the “truth of accountants”. In its place he coined the term “ecstatic truth”, describing it as “…mysterious and elusive, and can be reached only through fabrication and imagination and stylization” (Walker Art Centre).
In attempting to strike a balance between the fluid concepts of documentary truth proposed by Herzog and Enwezor, and cautionary words regarding the performative mode and animated documentary put forward by Nichols, Ward, and Ehrlich, I devised a strategy for mitigating the risk of anecdotal subjectivity. Rather than developing a single performative strategy, as I did in my auto-ethnographic film Patients (2012), I developed distinct representational styles to separate the subjectivity of the four documentary participants in Music & Clowns. In addition to this, Anna, David, and Jamie presented or prompted distinct topics that required individual aesthetic treatment, further pluralising my representational pallet. The accumulative effect of this montage of techniques was intended to figuratively increase the sample size of my aesthetic readings of the participant’s subjectivities. Within the social sciences such an approach would in most circumstances be expected to improve the reliability of data collected. However, this research contains within it only a degree of correlation between the figurative data points. In addition to the general glowing assessment of Jamie’s character, there are many conflictual accounts and unsubstantiated assumptions about what life must be like for him from myself, David and Anna. Rather than undermining the usefulness of my results, it helped me create a rich portrait of Jamie’s life, contextualised by our family dynamics, the results illuminate the limits of our knowledge. The product of my research, Music & Clowns, suggests we can never truly know Jamie because of his limited expressive capabilities, and to a lesser degree each other, due to the limits of our own subjectivity. A key aim of this film was to evoke “truth”, in Herzog’s sense of the word, by way of a reflexive transparency regarding the capability of animation to supersede the “truth of accountants”, which still holds the attention of many live action documentarians.
My eight years of practice informed animated documentary research has been punctuated by exposure to two key text, An Introduction to Documentary (Nichols, 2001 & 2010) and Annabelle Honess Roe’s book, Animated Documentary (2013). Honess Roe establishes a bespoke theoretical framework for animated documentary, breaking from previous attempts to adapt Nichols mode system. Honess Roe went back to the drawing board and developed her own taxonomy, based on how animated documentaries function differently from live action: mimetic substitution, non-mimetic substitution, and evocation. Defined as categories rather than modes, they illuminate three distinct strategies employed by animated documentaries and, for the most part, they are inapplicable to live action documentary. Honess Roe’s framework was both insightful and inspiring, as well as a helpful framework to improve the efficiency with which I repeatedly explained what my discipline was.
However, when directly comparing the practical application of theoretical topologies contained within these two publications, the emphasis Honess Roe places on the difference between live action and animation potentially marginalises the practice of animated documentary. In a teaching context, if fledgling animator documentarians are encouraged primarily to pursue the topics that live action documentary is not capable of addressing, this might point them down a narrowing path.
Nichols, contrasts this approach in the second edition of his book, Introduction to Documentary (2010), by introducing animated documentaries into an existing theoretical framework. Despite only referencing examples of practice that exemplify particular modes, the flexibility of his modal system, characterised by the “mix and match” approach, prompts the reader to compare and contrast animated and live action documentaries that intersect two or more modes. The boundaryless approach to documentary discourse that Nichols promotes stimulates a dialogue with dominant live action forms, while illuminating numerous potential paths for creative exploration.
The detailed analysis, diagrams, metaphors and examples collected in this article should demonstrate both the aptitude of animation for navigation of Bill Nichols’s modes and the enduring and invaluable contribution he has made to animated documentary discourse. The complex, shifting and interactive relationships contained within Nichols’ documentary topology, should not be considered evidence for his weakness as a taxonomist, but rather, a testament to his strength as a theoretician, having developed a powerful set of tools to inform and reflect on animated documentary.
When attempting to articulate the influence Nichols’ modal system has had on the development and production of Music & Clowns, I found it necessary to invoke visual metaphors to clarify my insights. This process culminated in the development of a gravitational system model of Nichols documentary modes. It is a testament to the enduring brilliance of Nichols’ theoretical framework, that I was able to expand my initial solar system metaphor to not just indicate the relative position the modes in relation to each other and the genre, but also account for tenancies and trends associated with the two dominant mediums, live action and animation. The analytical potential of this figurative approach was then demonstrated by the ease with which I was able to plot the allegorical journey of my own production through the medley of influences specific to the documentary genre. While conscious of the risk of over extending the space exploration metaphor, I would like to propose one final annex to the figuration, borrowed from Adam Curtis’ 2015 essay documentary, Bitter Lake4 (Kelsall).
Stanisław Lem’s 1961 science fiction novel, Solaris, centres on an exploratory mission by cosmonauts to observe a strange planet. While orbiting Solaris, the crew experience vivid hallucinations, which are at times indistinguishable from reality. These mirages, seemingly evoked by the planet; and the subsequent delusions, are informed by past experiences and memories of loved ones. The application of Lem’s science-fiction to the metaphor of the gravitational system model of the Nichols topology for documentary, expands, all be it fantastically, the intangible mechanism by which each mode inspires and facilitates creativity at the point when filmmaker enters the range of a particular mode’s gravitational pull. My choice to conclude my practice informed theoretical analysis of the animated documentary, Music & Clowns, by leaving the realms of Newtonian physics, and entering the territory of science fiction, may indicate the limits of my own comprehension with regards to the precise mechanics of inspiration.
Arnell, D. (producer) & Webb, T. (Director), (1992) A is for Autism [Motion Picture]. United Kingdom: Fine Take.
Aronowitsch, D. (co-producer/director) & Heilborn,. H (co-producer/director), (2003). Slaves: an Animated Documentary [Motion Picture] Sweden: Story AB.
Benner, A. (co-director), Borg, A. (co-director), Burditt, G. (co-director) (2014) Through the Hawthorn [Motion Picture]. London: Wellcome Trust.
Borg, P. (2014) THROUGH THE HAWTHORN [website]. Retrieved from http://piaborg.com
Bringas, S. (co-producer/co-director) & Yadin, O., (co-producer/co-director), (1998) Silence [Motion Picture]. United Kingdom: Halo Productions.
Broomfield, N. (producer/director), (1998). Kurt & Courtney [Motion Picture]. Capitol Films
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Cardinal, R., (1972). Outsider Art. London: Studio Vista
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Ehrlich, N. (2011, December 22). Animated Documentary as Masking [peer-reviewed open access online journal], Animation Studies Online Journal, Regrieved from https://journal.animationstudies.org/nea-ehrlich-animated-documentaries-as-masking/
Glynn, A. (Producer/director), (2012, June). Ali’s Story [Television series episode]. In Seeking Refuge. London: BBC 2.
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Hoban, S. (co-producer); Mark Smith (co-producer); Marcy Page (co-producer) & C. Landreth, (director), (2004). Ryan [Motion Picture]. Canada: National Film Board.
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Honess Roe, A. (2011). Absence, Excess and Epistemologica Expansion: Towards a Framework for the Study of Animated Documentary. Animation: an Interdisciplinary Journal, 6(3), 215-230, doi:10.1177/1746847711417854
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1 Nichols’ participatory mode was originally coined as “interactive” in Representing Reality (1991, p. 44).
2 2D bitmap animation software
3 I examined the potential redundancy of Outsider Art in terms of ontology, due to increasing reach of media and popular culture influences, as well as ethical implications of a movement which incentivises the exclusion of artist for fear of creative contamination
4 In his 2015 essay film, Bitter Lake, Adam Curtis’ proposed the planet Solaris as a metaphor for Afghanistan, illuminating the ideological fractures experienced by invading forces throughout modern history.
Author Alex WiddowsonPosted on 14/07/2018 08/06/2019 Categories Practice, TheoryTags animated documentary, animation, animation MA, Bella Honess Roe, Bill Nichols, Documentary, down syndrome, masters degree, music & clowns, music and clowns, nipt, non invasive prenatal testing, rob nixon, royal college of art, sally philips, slow violence, subjectivityLeave a comment on Animating Documentary Modes: Navigating a theoretical model for animated documentary practice
Manifestos in Action: Progression, Deviation and Lived Experience
This article has been developed to support a lecture/workshop hosted on 24th October 2017 at Concordia University, Department of Art History, for the class, Art and Its Changing Contexts: The Manifesto.
Despite the title only some of the examples mentioned in this essay are defined as manifestos. In order to make my argument I wish to also address methodologies and policies. Like a manifesto, they involve rules which are created with the intent of influencing behaviour in the future.
This article is split into three distinct sections. Firstly, the Hegelian Dialect will be unpacked to reveal how movements are connected despite their differences. Secondly, the disparity between the intent of an author and the real world application of a manifesto will be explored. As the poet Robert Burns wrote, ‘The best laid schemes o’ mice an’ men often go awry.” Finally, attention shifts towards autoethnography, a useful method for documenting the application of a manifesto. I will mostly be using documentary examples to illustrate my points but this article also touches on politics, economics, fine art and fiction cinema.
PART 1 – The Hegelian Dialectic
A dialectic describes a discourse between two or more people who hold different points of view about a subject while wishing to establish the truth through reasoned arguments. The Hegelian Dialect, although associated with the German philosopher Georg Wilhelm Friedrich Hegel, was first attributed to Heinrich Moritz Chalybäus.
How it works: The dialectic is composed of stages of development. A thesis is proposed, a conceptual starting position. This gives rise to a reaction which forms into an antithesis. This position will either contradict or negate the thesis. If the tension between the thesis and antithesis resolved to produce a new position this would be a synthesis.
Using Chinese political history to demonstrate the Hegelian Dialectic:
Capitalism emerged in China in a way that was interlinked with the legacy of feudalism. There was a strong class structure which built on both heritage and personal wealth (thesis). Marxist ideology spread to China leading to the formation of the Communist Party in 1921. They promoted the ideal of a classless society and criticized capitalism as a corrupting force (antithesis). In 1949 Mao Zedong led a successful revolution, establishing China as a communist state taking charge of all property and businesses. However, in the late 20th Century the impracticality of strict communist rule led to some Chinese citizens creating black markets. This led to small pockets of prosperity. In 2003 the leaders of the Communist Party of China amended their constitution to permit a degree of private enterprise. The result was a hybrid form of communist style capitalism (Synthesis).
Tracking the Hegelian Dialect in the methodologies and manifestos of documentary practice
It could be argued that documentary filmmaking developed as an antithesis to fiction film. While Hollywood produced forms of escapism, documentaries addressed “reality”.
John Grierson coined the term documentary, defining it as the ‘creative treatment of actuality’. This definition helps us understand the agency of a director when crafting a documentary. Mark Cousins placed emphasis on the balance between creativity and actuality when he characterized documentary filmmakers as having to ‘co-direct with reality’.
The Dogme 95 manifesto is an example of how the tension between hollywood fiction (thesis) and the realism of documentary (antithesis) was resolved to form a synthesis. In 1995 Lars von Trier and Thomas Vinterberg wrote and co-signed ‘vows of chastity’. Their goal was to purify fiction filmmaking by placing specific and strict limits on directors. Such chastity prompted circumstances that mirrored some of the limitations of documentary production and promoted a form of realism in fiction film. The Dogma group specifically rejected expensive and spectacular special effects, post-production modifications and other technological gimmickry. Instead they wanted emphasis to be placed on story and the performance of actors.
The Dogma 95 Vows of Chastity
Shooting must be done on location. Props and sets must not be brought in (if a particular prop is necessary for the story, a location must be chosen where this prop is to be found).
The sound must never be produced apart from the images or vice versa. (Music must not be used unless it occurs where the scene is being shot).
The camera must be hand-held. Only movement or immobility attainable in the hand is permitted.
The film must be in colour. Special lighting is not acceptable. (If there is too little light for exposure the scene must be cut, or a single lamp be attached to the camera).
Optical work and filters are forbidden.
The film must not contain superficial action. (Murders, weapons, etc. must not occur).
Temporal and geographical alienation are forbidden. (That is to say that the film takes place here and now).
Genre movies are not acceptable.
The film format must be Academy 35 mm.
The director must not be credited.
Within documentary practice the pendulum swing from thesis to antithesis is visible. Bill Nichols, the eminent documentary theorist, identified distinct modes of documentary practice, each of which developed as a result of a particular time and context but also in response to previous modes. The majority of these modes developed without the explicit creation of manifestos, however each adear to distinct principles, rules or boundaries.
The table below is an overview of the modes of documentary practice according to Nichols:
The expository mode of documentary making (thesis) was developed in the 20s and remains to this day one of the more dominant modes. Optimised by what Nichols refers to as the ‘voice-of-God’ exposition, these films are structured around an informative and authoritative narrator who delivers a carefully written script over footage.
In the West a climate of liberation was fostered in the 1960s. In the context of social, political and sexual counterculture movements, figures of authority were being questioned. The two documentary modes which emerged in this decade, observational and participatory, represented a loss of faith in the authority of the narrator. In its place an emphasis fell on capturing footage that could speak for itself (antitheses). Another reason this shift happened at this time is because technology permitted it. All of a sudden cameras were portable, more affordable and were quiet enough to record synchronized sound.
The observational mode, also known as fly-on-the-wall documentary, took influence from ethnography. This is a qualitative research method used by anthropologists usually involving a process of embedding with a community for extended periods of time. Researchers aim to gain the trust of the community in order to get access and insight into how the community operates. An ethnographer may conduct their research in secret but generally this is not possible when creating a documentary. Ethnographic subjects range from small tribe communities, to psychiatric institutions and criminal gangs. The aspiration of observational documentarians is for the filmmaker to blend into the background and quietly film as the events unfold around them.
Asylum, directed by Peter Robinson (1972) was filmed over a period of 7 weeks while he was living at one of the controversial P.A. community houses in London. Psychiatrists, disillusioned with the medical establishment, lived with liberated patients, many of whom were schizophrenic. Each housemate had a say in the running of the community while sharing responsibility for their own wellbeing and that of their housemates.
In this clip we see a father of one resident visiting the house and struggling to let go of his preconception about what a young man’s priorities should be.
The Participatory Mode, also known as Cinéma Vérité (truth cinema), was characterised by the visible participation of the filmmakers in devised interview scenarios. Like the observational mode, narration was rejected. However, this mode occupied an antithetical position against observational documentary by negating the fly-on-the-wall metaphor. Several crew members and a camera can be quite disruptive and are more likely to capture spectacle rather than natural behaviour. Cinéma Vérité prompts filmmakers to be reflexive and expose the artificiality of a filmed scenario. Interviews were devised carefully before filming, often being planned in partnership with the subject of the interview. Cinéma Vérité nullifies the pretense of observed reality in film, instead capturing authentic testimony.
Claude Lanzmann’s Shoah (1985) is an epic Cinéma Vérité documentary series in which survivors of the Holocaust are interviewed. Despite the fact Abraham Bomba had not worked as a barber for years he agreed to cut hair while describing his experience of shaving the heads of holocaust victims before they were gassed. This scenario powerfully links the subject and the audience to the topic being discussed. Bomba’s complicity in planning the interview permitted Lanzmann to press Bomba with difficult questions.
15 years after Shoah, Werner Herzog wrote his own antithetical manifesto, The Minnesota Declaration (1999) which explicitly debunked Cinéma Vérité.
This lyrical 12 point manifesto is at times hard to digest but I believe it’s essence emerges in points 1 and 5.
“1. By dint of declaration the so-called Cinema Verité is devoid of verité. It reaches a merely superficial truth, the truth of accountants.”
Here Herzog is arguing that the sort of testimony produce in a Cinéma Vérité style interview is akin to that of a courtroom. No matter how accurate the description, the nature of these interviews are unlikely to evoke in the viewer the sensation of the crime that instigated such a trial.
“5. There are deeper strata of truth in cinema, and there is such a thing as poetic, ecstatic truth. It is mysterious and elusive, and can be reached only through fabrication and imagination and stylization.”
Herzog’s concept of ecstatic truth mirrors the notion that poets provided some of the most authentic documentation of the horrors of the First World War.
The synthesis of this particular Hegelian Dialectic is the emerging practice of animated documentary, my own discipline. For the past two years the Royal College of Art has hosted a symposium on animated documentary entitled Ecstatic Truth. Herzog’s liberal definition of how actuality can be imbued in documentary has helped animators to cover topics which live action footage could not reach, either literally or in terms of evocation.
PART 2 – The Rule of Unintended Consequences
Returning to the example of communism, I would like to highlight how impossible it would have been for Karl Marx and Friedrich Engels to predict how the Communist Manifesto would have been put into practice and the contemporary outcome.
After a violent revolution the Soviet Union gained some stability as a functioning communist state under Lenin. However Stalinism seemed far from a Marxist utopia. During the despotic leader’s reign a famine struck Ukraine killing 7 million citizens. Some historians argue this was a deliberate genocide designed by Stalin to crush ethnic uprisings. After decades of decline, the Soviet Union collapsed in 1989 leaving a handful of technocrats to pillage the remains of infrastructure resulting in today’s Russian Federation which is controlled by a elite class of fantastically rich oligarchs.
The rule of unintended consequence is a common theme in economic theory. Economics isn’t necessarily the study of wealth. It can be the empirical study of behaviour in the world through data sets. Please follow this link and listen to The Cobra Effect, an episode of Freakonomics Radio: (Listen from 00:05:00)
In summary, the cobra effect is named after an instance when the Imperial British government, which was ruling India, created a bounty for cobra heads to incentivise a cull, Local people breed cobras for the bounty. When the government figured out their mistake they canceled the bounty and the farmers released the cobras into the wild. The net result by the time the policy was rescinded was an increase in the cobra population.
Manifestos function in similar ways to well meaning government policies. Whether written by a political party or a practicing artist, a published manifesto intends to shape behaviour in the future. It is impossible to predict how a well meaning manifesto policy may be interpreted or executed.
Adam Curtis’ documentary The Trap: The Lonely Robot, (2007) addresses the unintended consequences of the policies introduced by the New Labour government in Britain in 1997. This party rose to power on a manifesto that stated specific targets as measures of success.
Watch from 00:36:36 to 00:43:00
Curtis argues the rigid target systems introduced by New Labour were reductive and distorting, serving to distract the institutions of state from their general remit. The incentives were high enough to make cheating the system a rational response.
An unintended consequence of the critical acclaim that befell the early Dogma 95 films was the appropriation of the manifesto by cash strapped studios and advertising agencies. As the Danish group came into vogue, producers around the world took notice of how much success was achieved on such small budgets. By the early 2000s the Dogma label was used to describe all mannerr of small budget productions. This could be viewed as a measure of success for the manifesto, however the cynical appropriation of the Dogma ethos and distinctive aesthetic led to proliferation, dilution of its meaning and ultimate decline.
These examples demonstrate that misappropriation and misinterpretation can result in outcomes which may horrify the authors of a manifesto. However, I would argue the rule of unintended consequences can be re-framed to describe these deviations as creative. The farmers in India, managers in the British civil service and low budget film producers are simply innovating in response to circumstances that were defined by a set of rules. The unpredictability of how manifestos will be executed may explain why they have endured as a motif in art and cinema.
Andre Breton, the author of The Surrealist Manifesto, was aware of the potential of unexpected outcomes. The text willfully insights transgressive and impulsive behaviour. Breton is daring readers to do something irresponsible and unpredictable:
“The simplest Surrealist act consists of dashing down the street, pistol in hand, and firing blindly, as fast as you can pull the trigger, into the crowd. Anyone who, at least once in his life, has not dreamed of thus putting an end to the petty system of debasement and cretinization in effect has a well-defined place in that crowd with his belly at barrel-level.”
André Breton, (1924) Manifesto of Surrealism
Exquisite corpses is a surrealist drawing exercise designed to utilize the inconsistencies between interpretations. Two or more artists would fold a piece of paper, taking turns to draw on one section. The folded section would reveal nothing more than where to join the lines at the edge. This exercise stitches together a multitude of aesthetic approaches producing a single work that is both coherent and fractured.
Nude (1927.)- Cadavre Exquis with Yves Tanguy, Joan Miró, Max Morise, Man Ray (Emmanuel Radnitzky)
This method has been appropriated by the animation community many times. The most recent example I came across was a online promo for Rick and Morty. Each animator starts their segment using the last frame of the previous artist.
Rick and Morty Exquisite Corpse (2017) multiple directors
The musician and producer Brian Eno collaborated with the artist Peter Schmidt to develop a system that would prompt innovation by incorporating unpredictable elements into a creative exercise. Oblique Strategies consists of a deck of cards. Inscribed on each one is a phrase or cryptic remark. When a music he was producing felt stuck or inhibited he would randomly select a card and attempt to put into practice it’s suggestion. They functioned like micro manifestos, prompting the user to change their approach in a way that on their surface seems meaningless, but in practice was liberating in its unpredictability.
Examples of oblique strategies:
Remove ambiguities and convert to specifics
Take away the important parts
Faced with a choice, do both
Use an old idea
What is the reality of the situation?
Pay attention to distractions
Ask your body
Honour the error as a hidden intention
Work at a different speed
This tool functions like a randomised manifesto, the blind selection of clauses plorifiates the variety of future outcomes and the vagueness of the content broadens its applicability and as well as potential for interpretation. The most famous application of Oblique Strategies was during the creation of David Bowie’s critically acclaimed albums known as the Berlin Trilogy (Low, Heroes, and Lodger), which Eno produced.
PART 3- Documenting a manifesto’s execution
Ethnographers, like the fly-on-the-wall documentarians, were confronted with the dilemma that their presence was most likely distorting the natural order of the communities they wanted to research. Reflexivity, the notion of contextualising observations with critical self-awareness, became an essential consideration when collecting reach. The greater their insight into how they were impacting a community, the better equipped they were to minimise that impact and and see beyond it.
Autoethnography emerged as an extension of the reflexive method of critique. It combined ethnographic research methods with autobiographical subject matter. The researcher attempts to collect and organise qualitative research about their own lived experience, in this way the researcher, and the circumstances they experience, are both primary subjects of the investigation. For instance, an autoethnographic investigation into alcoholism is likely to contain first hand records of struggling with addiction.
Keeping diaries and writing memoirs is nothing new. However by setting key research questions, formulating a method of collecting and processing qualitative data, and prompting self reflexive critical analysis autoethnography brings rigour to this common human instinct.
Susan Young is a PhD candidate at the Royal College of Art in London. She had a very successful animation career that was severely disrupted by a hand injury as well as difficulties in her personal life. The Betrayal is a product of auto-ethnographic research into a period of her life where she was abusively controlled by a doctor who was responsible for her becoming addicted to medication. The images in the film include leftover pills, as well as medical and court documentary specific to her case.
The Betrayal – trailer (2015) Susan Young
Autoethnography can be a useful tool to record first hand experience of enacting a manifesto. The following passage is a brief given to students at Concordia as a class exercise:
PART 4 WORKSHOP – One-week manifesto exercise (for field notebooks)
You have 30 minutes to form groups and co-write a manifesto that will influence how you live or work in the following week. For example:
– You could write a manifesto on how to best exploit social media (or to not use social media!)
– Your manifesto may push you to work outside of your comfort zone in a particular way
– You could prompt significant changes in you social life
Your manifesto should involve:
– A theme or focus of intent agreed upon by the group
– Context for this decision
– A praxis or statement of action how to be agents in said context
– A list of undersigned
This is a group activity so after deciding a theme you must debate and agree on your manifesto points as a group. Consensus may be difficult, and negotiation is part of the process.
Consider your manifesto ideas in context. What ideological, cultural or personal concepts inform your choices? Do they occupy a thesis, antithesis or synthesis dialectic position? If it is hard to reach a consensus on your manifesto points don’t forget each individual is free to interpret the manifesto through their own practices.
After you have agreed on your manifesto’s position and praxis, nominate one member of your group to read them out to the class.
For the next 6 days you must try to put your manifesto into action.
While doing so, use an auto-ethnographic methodology to document the experience. This must involve keeping a record of your experience in you field notebook, but feel free supplement your written notes with experimental, expressive, or innovative ways of recording experiences but you must insure remain reflexive. Documenting how a manifesto affects you (or not!) is part of this workshop.
You will have an opportunity discuss and share parts of your autoethnographic research in class.
Author Alex WiddowsonPosted on 23/10/2017 23/10/2017 Categories TheoryTags Adam Curtis, André Breton, animated documentary, antithesis, Art History, Asylum, autoethnography, Bill Nichols, Brian Eno, Capitalism, Cinéma Vérité, Claude Lanzmann, Concordia University, creative treatment of actuality, Documentary, Dogme 95, ecstatic truth, Ethnography, expository mode, Exquisite corpses, fly-on-the-wall, Freakonomics, Hegelian Dialect, John Grierson, Lars von Trier, Manifesto, Manifesto of Surrealism, Mao Zedong, Mark Cousins, Marxist ideology, New Labour, Oblique Strategies, observational mode, Participatory Mode, Peter Robinson, Peter Schmidt, reflexive, Rick and Morty, royal college of art, Shoah, Susan Young, synthesis, The Cobra Effect, The Lonely Robot, The Minnesota Declaration, The Trap, thesis, Thomas Vinterberg, vows of chastity, Werner Herzog, WorkshopLeave a comment on Manifestos in Action: Progression, Deviation and Lived Experience
Ethnographic Documentary Making
Anthropology is defined to be an academic discipline, the study of human cultures and the material of those cultures. Ethnography, on the other hand, is considered a methodology for producing anthropological knowledge.
In the 19th century Europeans became more interested in the cultures of the people they’d colonized. This new field of study was problematic from the beginning as there was often a disparity between those who were in the field; missionaries, explorers, soldiers; and those who published papers from the safety of their universities.
Later, field research and academic writing merged. Bronisław Malinowski, a well known anthropological writer, traveled the world immersing himself in various indigenous societies. His papers permeated both academia and the popular culture of his day. However, the cool observational style of his published work greatly contrasted his private diaries, put into print several decades later. They indicated the difficulty he had relating to the people he was studying and illustrated a critical outlook which some readers perceived as racist. Are either of these documents were more valid as sources? Put simply, the action of referencing and contextualizing both documents would be the appropriate contemporary method. The anthropologist’s subjectivity and the manner in which they project themselves onto their field of study became an increasingly important area of ethnographic research in the second half of the 20th Century.
Imperialism and the other ideologies that permitted colonialism have endured as problematic themes in anthropology. While such issues were partially addressed in many western societies during the 20th century. Post-colonialism and insidious forms of racism must be considered in contemporary ethnographic ethics.
As communication technology developed academic ethnography research and practice maintained a bias towards the written word. Footage was created as supplementary material but the writing was maintained as the focus. The films were created to document aesthetic activities like dance. An interesting consequence was that the resulting film archives over emphasize dance in indigenous cultures and fuel reductive cliches.
Workers Leaving the Factory (d. Auguste and Louis Lumière, 1895) was one of the first films ever created. The factory, in which this revolutionary technology was being developed also became the subject of the fledgling filmic gaze. The Lumière brothers set up a static shot of the building’s exit, a bottle neck where every employee passes at the end of the shift. The footage captured a procession of men and women flooding out. Some appeared to be performing for the camera, others quickly passed by with ambivalence.
On first appearance one is struck by how differently people dressed in the late 19th century. What was not immediately obvious, however, was that the Lumière brothers had given advanced warning to their factory staff informing them of the camera experiment. Consequently many of the employees followed the day’s convention to dress in their finest, as if they were posing for a photographic portrait. In what way does this effects one’s reading of the film and the ethnographic significance of the footage? The context of how the people’s image was captured has proven to be just as much a part of the ethnographic data as the recording it’s self.
Nanook of the North (d. Robert Flaherty, 1922) is considered the first feature documentary. This film was enormously successful and is credited as the birth of the genre. Flaherty adapts the language of narrative cinema to tell the story of an Inuit patriarch, Nanook, and his community.
However, when subject to closer scrutiny this feature was clearly problematic. From first glance it is obvious that many of the scenes were staged. Some times Flaherty was simply using the language of Hollywood cinema to represent a linear narrative; shooting a sled being pushed over a hill, for instance, requires the camera to move, re-shoot from another angle and be edited together to make it appear seamless. Non-the-less his method would have been truly disruptive to an authentic sled journey.
There are also scenes which feel utterly contrived and are more easily red as a projection of how Flaherty, a white visitor, perceived the native people. Flaherty demonstrates a gramophone recording device to Nanook, who repeatedly misunderstands the mechanism and insists on biting the record plate several times. Moments like this seem directed, and may have been constructed to please the expectations of western audiences.
It was eventually revealed that Flaherty staged most of the scenes in the film. He encouraged the Inuits to abandon their rifles and modern cloths in favor of traditional garments. Moreover, the main character was not called Nanook, nor was he married to the woman we were told was his wife. There seemed to be some ambiguity around the circumstances in which Flaherty’s original documentary footage from an earlier expedition was destroyed. This second batch of footage, which makes up Nanook of the North, seems to be an attempt at recreating and augmenting what he had previously scene.
The Documentary Modes, established in Bill Nichols’ book, Introduction to Documentary (2001), are a vital framework through which we can dissect the genres. Flaherty uses the expository mode, normally associated with an authoritative voice-over telling use what to think and where to look. For instance, David Attenborough’s entire career. This God’s eye view is manifest in Nanook of the North via the inter titles. The technology to synchronize sound with film had not been developed.
These modes are a set of tools that have developed in the past century. Despite the shifts in emphasis over the decades, there is no right or wrong technique and it is counter productive of be puritanical about what documentary should be.
Margaret Mead’s film Trance and Dance in Bali (1952) was created as a supplement to her written work as an anthropologist. This film also adopts the expository mode; her authoritative voice precisely describes well researched interpretations of the dance rituals. There is great attention paid to how the camera is used; towards the end of the film, when a state of trance is achieved by the dancers, the live action photography shifts into slow-motion in an attempt to mirror the dancers psychic state.
Between 198 and 1989 the nomadic African tribe, the Wodaabe, was the subject of two ethnographic documentary productions. Disappearing Worlds (1970- 1993) was a series produced in the UK by Granada television International. For their episode on the Wodaabe the producers employed an anthropologist to work with the crew while interviewing and filming the tribe. The second production was an independent film directed by Werner Herzog.
Unfortunately there are no online clips of Disappearing World: The Wodaabe (d. Leslie Woodhead, 1988, s.1/1 e.36/49). In the observational mode, the film gradually introduces us to the customs of this tribe, allowing the people to speak for themselves. In line with the reflexive mode, the director included footage tribes-people reflecting white film crew’s presence and their impressions of the West. The film climaxes with a ritual dance, the meaning of which is explained as a community wide courtship display, culminating in the young women of the tribe selecting a young man as a sexual partner.
This cultural sensitivity and self-consciousness is hugely contrasted by Herzog’s film, Wodaabe: Herdsmen of the Sun (1989) which mostly utilized the poetic mode. The highly strange looking ritual dance is featured in the first moments of the documentary. It is not explained nor given any context. We are simply confronted with it’s oddity. I feel Herzog was exploring his own uncanny sensations rather than attempting to understand the dance or communicate it’s significance. These introspective in-sensitivities are further exasperated by Herzog juxtaposing the dance with European music.
In typical fashion, the German auteur (who’s films I am a great fan of), narrates his documentary with an implausible poetic exposition, placing his interpretation and feelings center stage.
The penultimate and most impressive film of the evening was Alain Resnais and Rhris Marker’s essay documentary – Les Statues Maurent Aussie (Statues Also Die, 1953). This astonishing french language documentary lures the viewer in with conventional museum edutainment imagery and framing. Shot after shot of African mask are cut starkly into a static procession, all the while a frenetic french narrator delivers the director’s cutting thesis at break-neck-speed. Gradually the analysis deviated further away from polite, white, dinner party topics. We are eventually plunged into a troubling world of appropriation, exploitation and racism. It’s particularly bold that this film was made in an era when France still held sovereignty over some African colonies. Truly extraordinary; I only wish I could read subtitles as fast as the French at-ta-at-tack, machine gun delivery.
Irish Folk Furniture (2012), is a short pixilation film directed by Tony Donoghue. It is an example of contemporary documentary animation which was being taken seriously by anthropologists and by “grown-up” documentary festivals; proving once and for all that the documentary animation bubble is not such a cul-de-sac.
Many of the ideas and opinions in this article were originally shared or developed in a seminar, hosted by Sylvie Bringas, at the Royal College of Art on the 6th October 2016. Bringas co-produced an ethnographic film, There is Nothing Wrong With My Uncle (2011), with director, Dul Johnson .
Author Alex WiddowsonPosted on 06/10/2016 20/10/2016 Categories TheoryTags Alain Resnais, Auguste Lumière, Bill Nichols, Bronisław Malinowski, Disappearing Worlds, Documentary, Dul Johnson, Ethnography, expository documentary, Introduction to Documentary, Irish Folk Furniture, Les Statues Maurent Aussie, Louis Lumière, Malinowski, Margaret Mead, Nanook of the North, observational documentary, participatory documentary, performative documentary, poetic documentary, reflexive documentary, Rhris Marker, Robert Flaherty, statues Also Die, Sylvie Bringas, There is Nothing Wrong With My Uncle, Tony Donoghue, Trance and Dance in Bal, Werner Herzog, Wodaabe, Wodaabe: Herdsmen of the Sun, Workers Leaving the FactoryLeave a comment on Ethnographic Documentary Making
Alex Widdowson © 2020
Animated documentary practice informed research.
Alex Widdowson is a London based director and animator and researcher. He is a PhD candidate at Queen Mary, University of London, teaches MA Animation at The University of Hertfordshire and is the festival producer for Factual Animation Film Festival. Alex is an alumnus of the Documentary Animation MA at Royal College of Art, UK and the AniDox:Lab at the Animation Workshop in Denmark.
Samantha Moore’s Doctoral Thesis ‘Out of Sight: Using animation to document perceptual brain states’
Animated documentary as documentary drag
Race and Representation in Animated Documentary
‘Can the subaltern speak?’ and representing autism
The Animated Psyche – Part 1: Ethical Dilemmas Associated with Evocative Animated Documentary Production
One of the Gods or a Mere Mortal: Fantasy, Fiction and Documentary Filmmakers
Music & Clowns – Outcomes
‘Music and Clowns’, the launch of my graduate film from the Documentary Animation MA at the Royal College of Art
‘Escapology: the art of addiction’ directed by Alex Widdowson
London Animation Club – Documentary Animation Discourse
The Philadelphia Association Community Houses: is it possible to offer asylum from Psychiatry?
‘Performance’: 20 minute single shot illustrated film & an 8 minute edited sequence
Interview with Alexandra Hohner
The Fallacy of Objectivity and Ethics of Representation
Cinéma-Vérité
Changing Landscapes
Interview by Animartists Culture and Psychology Journal
Documentary Animation Discourse Create a website or blog at WordPress.com
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Afterfeast of the Nativity of Christ; the 14,000 infants (Holy Innocents) slain by Herod at Bethlehem, the first Christian martyrs; Venerable Athenodorus, disciple of St. Pachomius the Great (4th c.) Venerable Benjamin, monk of Nitria in Egyptn (392); Venerable Marcellus, Abbot of the Monastery of the Unsleeping Ones ("the Ever-Vigilant"), Constantinople (485); Venerable Thaddeus, Confessor, of the Studion Monastery (818); Venerble Saint George, Bishop of Nicomedia, composer of Canons and Troparia (ca.857-891) Saint Trophimus, first Bishop of Arles in France (ca.280); Martyrs Callistus, Felix and Boniface, martyrs in Rome; Martyrs Dominic, Victor, Primian, Lybosus, Saturninus, Crescentius, Secundus and Honoratus, martyrs in North Africa; Saint Albert of Gambron, a courtier who became a hermit, later founding the small monastery of Gambron-sur-l'Authion in France (7th c.)' Saint Ebrulfus (Evroult), Abbot, born in Bayeux, monk at the monastery of Deux-Jumeaux, later founding a monastery at Pays d'Ouche in Normany, and other smaller monasteries (596); Saint Girald (Girard, Giraud), monk at Lagny in France, later Abbot of Saint-Arnoul, and of Fontenelle Abbey, where he was murdered (1031); Saint Mark the Grave-digger, of the Kiev Caves (11th c.); Saints Theophilus and John, of the Kiev Caves (11th-12th c.); Saint Theophilus, Abbot, of Luga and Omutch (Pskov) (1412), disciple of St. Arsenius of Konevits. Saint Basiliscus, Elder, the Hesychast of Siberia (Turinsk) (1824); Venerable Laurence of Chernigov (1950); New Hieromartyr Arcadius, Bishop of Tver (1937); New Hieromartyr Theodosius Belenky, Priest, at Chimkent (1938); Virgin-martyrs: Natalia, Natalia, Eudokia, Anna, Matrona, Barbara, Anna, Eudokia, Ephrosia, Agrippina and Natalia (1942); Other Commemorations: Commemoration of the consecration of the Church of the Holy Forty Martyrs, near the Copper Tetrapyle (four-way arch); Commemoration of all Orthodox Christians who have died from hunger, thirst, the sword, and freezing.
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Home Analytics The balance of power and risks of the Black Sea region
The balance of power and risks of the Black Sea region
In 2014, the invasion of the Russian Federation into Ukraine was not only an unprecedented phenomenon for Europe of the 21st century, but also an event that changed the limits of influence and the balance of power on the world map. First of all, the balance of power in the Black and Azov Seas has undergone cardinal changes due to the annexation of the Crimea peninsula by Russia.
For four years, the Russian Federation systematically increased the contingent of its armed forces in the occupied Crimea and also increased the potential of the Black Sea Fleet of the Russian Navy. In addition to the occupation of the shelf near the Crimea peninsula and the seizure of Ukrainian gas producing towers in the Black Sea, Russia has repeatedly attempted to block the Strait of Kerch for Ukrainian ships by arrest and outright provocations. As the construction of the Kerch Bridge approached the final phase, these attempts became more frequent and systematic.
The events of November 25, during which two Ukrainian small-size armored artillery boats of the Gyurza-M type and a tugboat were attacked and captured by the Russian fleet in the neutral waters, showed that the situation in the region had reached its apogee.
This study is intended to show the real situation with the balance of power in the Black Sea region, by the example of comparing the potential of the fleets of countries of the Black Sea basin, except of unrecognized Abkhazia.
This study took into account the potential of the fleets of countries separately, without considering their presence in military associations and alliances. In other words, the factor of interaction and mutual assistance to NATO member countries was not taken into account in principle.
Also, the types of armaments that are in storage, in a state of conservation, as well as being on assembly lines in accordance with the concluded contracts, but not yet entered service, did not respond to accounting.
USED PARAMETERS
In the course of this study, parameters were used that were not previously encountered in any such work. This is due to the fact that most analytical bureaus, publishing houses and organizations take into account an extremely narrow range of categories affecting the country’s defense capability. Although, the combat capability of the army depends not only on the number of tanks and personnel, but also on a number of other factors not directly related to military affairs, but affecting the success of defensive or offensive actions.
Below are the parameters that were used in the analysis of the capabilities and potential of the fleets of the countries of the Black Sea basin, as well as a brief explanation of their influence.
The category “Armed Forces” includes the following parameters:
The budget is certainly an important parameter that is taken into account during a calculating of the capabilities of the armed forces. But it has many underwater economic stones, such as the standard of living, inflation and pricing.
In particular, the budget of the Turkish Armed Forces is $ 18.2 billion, but the pricing policy of the country is clearly reflected, for example, on the price of travel in the subway. So, if a one-time trip by the subway in Istanbul costs $ 0.75, then in Kiev – $ 0.18.
This simplest example explains how large the pricing imbalance between countries is and if the military budget of one country is larger than others, this does not mean that it is able to purchase more weapons, equipment, etc. And, it is very important to consider during evaluating this parameter for each army separately. However, it should be taken into account that the fleet is the most expensive branch of the military.
In the “Fleet” parameter, only warships that are in the ranks are taken into account, without those that are under construction or captured (as is the case with Ukrainian vessels in the occupied Crimea).
This parameter, first of all, includes the accounting for aircraft-class warships, frigates, corvettes, the presence of amphibious assault ships, minesweepers, submarines, etc. Their quantitative composition was taken into account and the moral and technical compliance of the ships that make up the fleets was studied with the modern requirements and challenges separately.
It should be noted that during the calculating of the potential of the Russian Federation, the total values of the Russian Navy were taken into account, and separately the Black Sea Fleet of the Russian Federation. This is due to the geographical location of Russia, thanks to which the support of the Black Sea fleet by other fleets of the country should be taken into account: the Baltic, Northern, Pacific Fleets and Caspian flotilla.
Further, parameters are used that are more global and in some cases predetermining potential of a country.
Nuclear weapon is the main parameter in calculating the country’s ability to respond adequately to the invasion and strike first to carry out a successful occupation. Often, this parameter prevails over all others, since its global influence can only counter the equal response.
The level of development of the military-industrial complex is a parameter that takes into account the degree of development of the country’s military-industrial complex, considering the potential not only of producing new units for the fleet, but the possibility of repairing and modernizing, adapting to changing conditions in the armaments market, as well as quantity of new surveys and projects in the industry.
It should be noted that the used five-level gradation in this parameter from “minimum” to “maximum” in its limit values was not assigned to any country.
Resistance to information threats is a very important parameter that has played no less a role in the conduct of the hot phase of war than the frigates and corvettes. When analyzing this parameter, we took into account the degree of vulnerability of the country’s media space to external factors, the possibility of confronting the information environment with fakes, manipulation, etc.
The state cyber security and the vulnerability of state institutions and the social environment to hacking and penetration also occupied an important place.
The experience of conducting combat operations outside alliances is a very important parameter that determines the degree of the army’s moral readiness to conduct defensive and offensive combat operations.
At the same time, the experience of hostilities in alliances, in particular – NATO, was not taken into account, because a limited contingent of troops takes part in such operations.
For example, the aArmed forces of Turkey, Ukraine and the Russian Federation have significantly more real combat experience and moral stability to participate in conflicts, not in the format of separate units, but in general of the armed forces, than the armies of such countries as Romania or Bulgaria.
Georgia in this case is a country of a dual category, since, on the one hand, the country took part in the war in 2008, on the other hand, 10 years have passed since that time and the lack of a permanent combat contact on the front line eliminates combat experience.
The category “Economy” is rarely taken into account during calculating the combat capability of the army, although it has a direct impact on the state of the armed forces and includes the following parameters:
GDP is an important parameter on which the welfare of the country depends, as well as the financial capacity to support the army in different situations. This parameter also affects a number of social factors that arise along with defensive or offensive actions of the country, in particular, a drop in the level of income of the population, which may lead to demoralizing tendencies.
FX reserves – gold and foreign exchange reserves present a safety cushion that can be used in the event of negative factors in the conduct of hostilities. In addition, it can be used for additional funding of the armed forces, in particular – the fleet. Ideal when FX reserves exceed the average budget of the country’s armed forces by 300%.
External debt is a parameter that seriously affects the economic component of the country. The state’s debts can become a tool not only for manipulating the economy, but also as an element of political blackmail, influencing on the social situation in the country.
HDI – The Human Development Index is a very important and complex parameter, not just showing the standard of living, literacy, education and longevity of the population of a country, but also characterizing the potential of this population during economic, political and psycho-emotional upheavals. It is also taken into account when analyzing the influence of the enemy’s propaganda, the use of information technology for manipulative effects on the population.
Oil reserves and production is a parameter that characterizes the country’s ability to provide the armed forces with fuel and fuel. For example, the troops of Nazi Germany experienced great problems with fuel as they moved to the east. The size of the reserves and the daily production of the country of this resource are important factors in assessing the capabilities of its armed forces.
1. RUSSIAN FEDERATION
Armed forces:
Budget: $ 66.3 billion
Fleet (Russian Navy): 148,000 people
Surface Fleet: 332
Submarine fleet: 67
Black Sea Fleet of the Russian Navy: 25,000 people
GM Cruiser – 1;
Patrol vessels (frigate) – 6;
Submarine fleet (submarines) – 6;
Small-size missile ships (boats) – 8;
Amphibious assault ships – 7;
Minesweepers – 19;
Anti-submarine ships – 8;
Reconnaissance ships – 4;
Nuclear weapons: available
Level of development of the military-industrial complex: high
Resistance to information threats: high
Combat experience outside alliances: Yes
Economy:
GDP: $ 1,577 trillion
FX reserves: $ 460 billion
External debt: $ 532.8 billion
HDI: 0.816
Oil reserves and production: 93 billion barrels and 11 million barrels per day
2. TURKEY
Fleet: 48,600 people
Surface fleet (including auxiliary vessels): 194
Patrol vessels (frigate): – 16;
Corvettes: – 8;
Submarine fleet (submarines): – 13;
Small-size missile boats: -16;
Other boats: – 34;
Major amphibious assault ships: – 33;
Minesweepers: – 11;
Reconnaissance ships: – 4;
Nuclear weapons: none
Level of development of the military industrial complex: medium
GDP: $ 857 billion
FX reserves: $ 105.447 billion
Oil reserves and production: 0.27 billion barrels and 45 thousand barrels per day
3. ROMANIA
Budget: € 4 billion
Fleet: 7 150 people
Surface fleet (including auxiliary vessels): 45
Submarine fleet: –
Patrol vessels (frigate): – 4;
Submarine fleet (submarines): -;
Small-size missile boats: -6;
Amphibious assault ships: -;
Minesweepers: – 5;
Reconnaissance ships: -;
Level of development of the military-industrial complex: low
Resistance to information threats: low
Combat experience outside alliances: none
FX reserves: $ 39.953 billion
Oil reserves and production: 0.6 billion barrels and 78 thousand barrels per day
4. BULGARIA
Fleet: 4,100 people
Other boats: -;
Amphibious assault ships: – 1;
GDP: $ 52.4 billion
FX reserves: $ 26.7 billion
External debt: $ 37.85 billion
Oil reserves and production: 0.015 billion barrels and 2 thousand barrels per day
5. UKRAINE
Budget: $ 4.8 billion
Fleet: > 6,500 people
Submarine fleet: -;
Small-size missile boats: – 1;
Other boats: – 9;
Amphibious landing ships: – 2;
Oil reserves and production: 0.395 billion barrels and 40 thousand barrels per day
6. GEORGIA
Budget: $ 287 million
Fleet: 495 people
Surface Fleet (including auxiliary vessels): 44;
Patrol vessels (frigate): -;
Corvettes: -;
Small-size missile boats: -;
Amphibious landing ships: –;
Minesweepers: -;
Anti-submarine ships: -;
Resistance to Information Threats: Medium
Combat experience outside alliances: insignificant
FX reserves: $ 2.756 billion
External debt: $ 14.116 billion
Oil reserves and production: 0.035 billion barrels and 0.4 thousand barrels per day
According to the study, the Russian Federation has a cardinal advantage in the region, which is achieved not only by the country’s presence of nuclear weapons, but also by the prevailing superiority in the number of warships and submarines.
The only one country in the Black Sea region that can compete with the Russian fleet is Turkey, but given the fact that the Russian fleet can receive regular assistance from other fleets of the Russian Navy, this kind of balance is leveled out even if you do not take into account the factor that the Russian Federation is nuclear state.
Other fleets of the Black Sea basin have insufficient combat potential in order to be a counterweight to the Black Sea Fleet of the Russian Navy. In addition, the warships of the fleets of Romania and Bulgaria are morally obsolete for the most part, and Georgia, in fact, does not have a fleet as usual.
At the same time, almost any country in the region is not insured that in the event of an aggravation of the foreign policy situation with the Russian Federation, the Russian Black Sea fleet may begin to carry out illegal or provocative actions against the military or civilian ships of this country.
Also, the analysis did not take into account the factor of participation countries in alliances, in particular, NATO, because the political situation in the region does not develop in the most favorable way that does not guarantee group support in a conflict situation.
In particular, when Georgia will join to NATO, provocations against the country by the Russian Black Sea Fleet are not excluded. But at the same time, there are no guarantees that such allies in the North Atlantic Alliance as Turkey, which is in close political and economic ties with the Russian Federation, will provide comprehensive support to the new member.
Similar doubts arise in respect of Bulgaria, a country whose government still has a very strong pro-Russian lobby and the influence of Russia mostly through the media.
In this case, a solution is possible in two ways.
The first one is the deployment of multinational military naval base of third countries outside the Black Sea basin on a permanent basis in the region, in order to oversee compliance with international norms and rules.
The second is a strict regulation of the forces and means that the fleet of each country may possess in the region in order to create equal conditions for all.
Alexander Kovalenko, military-political columnist, expert of the Center for Military-Political Studies
Black Sea region, balance of power, RF, Ukraine, Turkye
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THREATS OF RUSSIAN ELECTION MEDDLING IN UKRAINE
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Information Resistance is a non-governmental project whose main task is to counteract in the information field external threats arising for Ukraine in the main areas: military, economic and energy, as well as in information security.
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Hura crepitans
Species of plant
Order: Malpighiales
Genus: Hura
H. crepitans
Binomial name
Synonyms[1]
Hura brasiliensis Willd.
Hura senegalensis Baill.
Hura strepens Willd.
Hura crepitans, the sandbox tree,[2] also known as possumwood and jabillo, is an evergreen tree of the spurge family (Euphorbiaceae), native to tropical regions of North and South America including the Amazon rainforest. It is also present in parts of Tanzania, where it is considered an invasive species.[3] It can be recognized by its smooth brown bark covered in many dark, pointed spines which have led to its being nicknamed monkey no-climb.
2 Habitat
3 Uses
Description[edit]
Sandbox trees can grow to 60 metres (200 ft),[4] and its large ovate leaves grow to 2 feet (0.61 m) wide. They are monoecious, with red, un-petaled flowers. Male flowers grow on long spikes, while female flowers grow alone in axils. The sandbox tree's fruiting bodies are large capsules which can explode when ripe, splitting into segments and launching seeds at 70 metres per second (160 mph).[5] One source states that ripe capsules catapult their seeds as far as 100 metres (330 ft).[6] Another source states that seeds are thrown as far as 45 metres (148 ft) from a tree, averaging about 30 metres (98 ft).[4] The sandbox tree's explosive fruit has led to an additional nickname: the dynamite tree.
Its fruits are pumpkin-shaped capsules, 1.4–2 inches (3–5 cm) long, 2–3.2 inches (5–8 cm) diameter, with 16 carpels arranged radially. Its seeds are flattened and about 0.8 inches (2 cm) diameter.
Habitat[edit]
This tree prefers wet soil, and partial shade or partial to full sun. It is often cultivated for shade.
Uses[edit]
Fishermen have been said to use the milky, caustic sap from this tree to poison fish.[7] The Caribs made arrow poison from its sap.[8] The wood is used for furniture under the name "hura". Before more modern forms of pens were invented, the trees' unripe seed capsules were sawn in half to make decorative pen sandboxes (also called pounce pots), hence the name 'sandbox tree'.
Large sandbox tree in Honolulu
Hura crepitans in Vietnam
Hura crepitans in Saint John, U.S. Virgin Islands
Spiny trunk of Hura crepitans
Leaf of Hura crepitans
Hura crepitans fruit carpel
Hura crepitans fruit carpel, opposite side
^ "The Plant List: A Working List of All Plant Species".
^ "Hura crepitans". Germplasm Resources Information Network (GRIN). Agricultural Research Service (ARS), United States Department of Agriculture (USDA). Retrieved 24 December 2017.
^ "Factsheet – Hura crepitans (Sandbox Tree)".
^ a b Swain, M. D.; Tom Beer (1977). "Explosive Seed Dispersal in Hura crepitans L. (Euphorbiaceae)". New Phytologist. 78 (3): 695–708. doi:10.1111/j.1469-8137.1977.tb02174.x. JSTOR 2434538.
^ Vogel, Steven (March 2008). "The Flight of the Seed of Hura crepitans" (PDF). Archived from the original (PDF) on 2013-06-08.
^ Feldkamp, Susan (2006). Modern Biology. United States: Holt, Rinehart, and Winston. p. 618.
^ Smithsonian Institution.; Institution, Smithsonian (19 February 2019). "Bulletin /". biodiversitylibrary.org. G.P.O. Retrieved 19 February 2019.
^ Jones, David E (2007). Poison Arrows: North American Indian Hunting and Warfare. University of Texas Press. ISBN 978-0-292-71428-1.
Wikimedia Commons has media related to Hura crepitans.
Center for Wood Anatomy Research, details about the wood of the Sandbox tree
(in Portuguese) University of São Paulo: Hura crepitans photos
www.maya-ethnobotany.org seedpod explosion video
Taxon identifiers
Wikidata: Q2001703
Wikispecies: Hura crepitans
AoFP: 1808
APDB: 108054
EoL: 1156195
EPPO: HURCR
FNA: 220006581
FoC: 220006581
GBIF: 5380015
GRIN: 19419
iNaturalist: 163862
IPNI: 350060-1
IRMNG: 10241493
ITIS: 28327
Plant List: kew-100851
PLANTS: HUCR
POWO: urn:lsid:ipni.org:names:350060-1
Tropicos: 12800195
WCSP: 100851
WFO: wfo-0000215711
Retrieved from "https://en.wikipedia.org/w/index.php?title=Hura_crepitans&oldid=997635942"
Euphorbioideae
Flora of South America
Medicinal plants of Central America
Medicinal plants of North America
Medicinal plants of South America
Plants described in 1753
Taxa named by Carl Linnaeus
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Home » Education and Learning Analytics » Vendors » LinkIt
LinkIt!: Demystifying Data Analytics in Education
Joshua Powe, Industry Veteran
Over the last decade, the education space has been undergoing a tech-driven transformation to modernize education for tech-savvy students. By deploying advanced technologies such as learning management systems (LMS), mobile and cloud-based learning, and even AR/VR-based educational solutions, the K-12 landscape has become significantly more sophisticated for teachers and students alike. Despite the increase in technological implementations, many schools and districts are struggling to realize the expected benefits from their technology infrastructure. Joshua Powe, an industry veteran, recognized early on that siloed technology platforms within an educational institution reduce the return on investment in data for admins, teachers, and ultimately students. “Without a way to bring down the barriers that separate the different systems tracking the wide range of data sets streaming through a district, administrators will continue to fail in bringing about a significant improvement in student outcomes,” says Powe. With a vision to shift the existing data management strategy to a more unified approach that enables educators to gain a holistic view of students’ information, he started LinkIt!.
Founded in 2010, LinkIt! is on a mission to create the most effective and easy-to-use data analytics solutions for schools and K-12 service providers striving toward improving academic outcomes. Currently, the company offers a comprehensive portfolio of products and services that are specially designed to aid administrators and teachers in boosting the visibility, scalability, and efficiency of data analytics, reporting, and warehousing. The centerpiece of the company’s suite is its data capture and performance analytics platform, LinkIt!, which facilitates the consolidation of a student’s academic, behavioral, social, and demographic data to drive the development of effective instructional planning, interventional strategies, student grouping, and resource management. Further discussing the company’s offerings, Ryan Winter, president at LinkIt! elaborates, “Our LinkIt! Navigator solution goes beyond the traditional data dashboard to analyze datasets and identify patterns, which are paramount in the development of longitudinal reports, eligibility rosters and predictive analytics.” At the same time, the LinkIt! platform can also aid administrators in understanding the college readiness of their student population, thereby supporting institutions in their efforts to augment the infrastructure in place to boost the academic outcomes..
Apart from these capabilities, LinkIt! prides itself on its ability to perform high-quality data warehousing, which, unlike first-generation EdTech solutions, allows administrators, teachers, and even students to access the data in a user-friendly manner. “Historically, the idea of capturing data was enough, but today, educational institutions have to extract meaningful insights out of their datasets if they want to effectively enhance their student outcomes,” adds Powe.
Ryan Winter, President
And to support its clients through this transition, LinkIt! offers functionality that enables schools to drive progressive change with respect to their practices and build a data-centric culture. On the other hand, the company places emphasis on data privacy and security compliance by leveraging AWS for all their cloud-based activities, thereby offering its clients the flexibility and scalability required to create an efficient data ecosystem regardless of their location. LinkIt! also provides real-time data references without risking non-compliance by collaborating with education district partners to establish and maintain the safest and most efficient data access policies.
Historically, the idea of capturing data was enough, but today, educational institutions have to extract meaningful insights out of their datasets if they want to effectively enhance their student outcomes
With such unmatched core competencies, LinkIt! has ignited several client success stories since its inception. In one instance, the company assisted Mainland Regional High School, Atlantic City, significantly enhanced the academic outcomes of its student body. Initially, teachers in core academic areas lacked the reliable formative assessments aligned to state standards, hindering their ability to measure performance and progress. With LinkIt!’s benchmarking feature, the school administrators were able to measure individual progress with real-time data points on skills and standards. As a result, teachers gained critical insights that drove the development of newer and more personalized instruction strategies. “With our portfolio, Mainland redefined success and recognized that when it comes to building capacity around using data, there is no specific finish line, but a progressive journey for each stakeholder in improved student achievement,” states Winter.
Moving forward, LinkIt! plans to continue enhancing the sophistication and efficiency of bringing disparate datasets together to assist administrators and teachers in improving their ability to perform better data visualizations and positively impact student outcomes. In pursuit of this, the company is developing next-gen integration capabilities to streamline data transfer between disparate systems, including the LMS platforms that many K-12 districts are implementing for the first time in response to widespread school closures resulting from the Covid-19 pandemic. To conclude, Powe reiterates the ethos of his company, “We will continue to resolve the disconnect between data and processes through our portfolio and help our clients gain a significant return on the time and resources they invested in data capture and usage.”
Joshua Powe, Industry Veteran and Ryan Winter, President
Founded in 2010, LinkIt! is on a mission to create the most effective and easy-to-use data analytics solutions for schools and K-12 service providers striving toward improving academic outcomes. Currently, the company offers a comprehensive portfolio of products and services that are specially designed to aid administrators and teachers in boosting the visibility, scalability, and efficiency of data analytics, reporting, and warehousing. The centerpiece of the company’s suite is its data capture and performance analytics platform, LinkIt!, which facilitates the consolidation of a student’s academic, behavioral, social, and demographic data to drive the development of effective instructional planning, interventional strategies, student grouping, and resource management
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EEAS homepage > EEAS > China carbon neutrality in 2060: a possible game changer for climate
China carbon neutrality in 2060: a possible game changer for climate
22/10/2020 - HR/VP blog - Last month, President Xi Jinping pledged that China would become carbon neutral by 2060. This announcement could be a tipping point in the global fight against climate change. It will accompany European efforts in the field of climate diplomacy.
While we in Europe are currently facing a fast worsening ‘second wave’ of the pandemic, we should not lose out of sight the climate crisis that threatens humanity. I have witnessed recently the damage it is already causing in Africa and the storms Alex and Barbara that have hit Europe are another reminder - if any reminder is needed - of the danger we face.
Europe is at the forefront on climate change
The European Green Deal is a central focus of this Commission’s mandate. We have already decided to aim for climate neutrality in 2050 and we are currently discussing to raise the level of our ambition for reducing greenhouse gas emissions by 2030. The Next Generation EU recovery plan has also been built around this priority.
“We can only tackle climate change effectively with a global approach in a multilateral framework.“
However, we must be aware of our limits in this area as the European Union is responsible for only 7% of global greenhouse gas emissions. We can only tackle climate change effectively with a global approach in a multilateral framework.
The question of the role of developing countries
Since the Rio Summit in 1992, one of the main difficulties in reaching global agreements has been around the question which role developing countries, in particular China, should play. Originally, developing countries considered, in a way that had merit, that the main responsibility for climate change lay with the developed countries and that therefore they should make the necessary efforts. However, this exclusion of developing countries also led the United States to refuse to ratify the Kyoto Protocol in 1997.
Economic developments and global changes over the past 30 years have profoundly modified the situation. Given China’s technological prowess (space exploration, cutting-edge military technology, AI), its continued self-definition as a ‘developing country’ looks more and more anachronistic and self-serving: China is an international player ready to step up on its responsibilities. However, by 2014, China agreed to make commitments on the limitation of its greenhouse gas emissions, paving the way for the Paris Agreement in 2015.
The Paris agreement breakthrough
While the Paris Agreement was a true breakthrough, the scientists are clear that, for the time being the commitments made by the different countries under that agreement are still insufficient to achieve the goal of keeping global temperature rise to below 2°C by the end of the century. Given that China accounts now for 27% of global greenhouse gas emissions (while the US emits 14%, and the EU-27 and India with 7% each), its reduction efforts are absolutely critical. In addition to that, its economy is expected to continue growing and it plays a leadership role vis-à-vis emerging and developing economies on their climate stance.
“The commitments actually made under the Paris Agreement are insufficient to achieve the goal of keeping temperature rise to below 2°C by the end of the century.”
During his speech to the UN General Assembly on 22 September 2020, the Chinese President Xi Jinping announced two elements in the fight against climate change: ‘We aim to have CO2 emissions peak before 2030 and achieve carbon neutrality before 2060’. The ‘peaking before 2030’ goal was anticipated but not the carbon neutrality before 2060: the announcement was made without prior trailing. Under current policies, the world would be about 2.7 degrees Celsius warmer by 2100 (we are now at 1.1°C) according to climate modellers. If China were to achieve its new goal, it would lop off 0.3 degrees off that trajectory. This is a major step.
This year, parties to the Paris Agreement are expected to issue mid-century targets. By doing this announcement, China wants to position itself vis a vis the United States as a defender of multilateralism and follower of global rules. The reality is more complex – I have spoken in the past about “selective multilateralism” or a “pick-and-choose” approach. We will watch whether this announcement was tailored for international consumption or whether carbon neutrality become really a key feature in the upcoming Five Years Plan to be discussed at the end of the month.
“The simple fact that China acknowledges the dramatic threat of climate change and that we need more action is of paramount importance.”
However, the simple fact that China acknowledges the dramatic threat of climate change and that we need more action is of paramount importance. From a domestic viewpoint, the set of challenges to address on the climate and environmental front is such that there is a sense of social urgency inside the country. In spite of this, reaching the new target will be a tremendous challenge: in China fossil fuels represent 90 % of all energy supplies and coal, the most carbon-intensive of all, generates two-thirds of electricity. In 2018, China released 590 kg of CO2 equivalent per 1000 dollars of GDP, compared to 370 for the US and 230 for the EU.
Given China’s traditional penchant for caution in making international commitments, the announcement also suggests that the leadership is confident that technological progress in energy efficiency and the cost of renewable energy can make carbon neutrality attainable, without hampering China’s economic development.
China wants to become an “electrostate”
There are also immense opportunities linked to the new green technologies where China has taken a leading position. Today, Chinese firms produce more than 70% of the world’s solar modules, 69% of lithium-ion batteries and 45% of wind turbines. They also control much of the refining of minerals critical to clean energy, such as cobalt and lithium. An ambitious long-term goal will provide a further spur for the development of these technologies. Instead of a petro-state, the People’s Republic may become an “electro-state”. This will have huge geopolitical consequences.
“Setting an ambitious objective is important. However, what matters is delivering results and China has so far not detailed how it will achieve its 2060 target.”
During the last months, the EU urged China to step up its climate ambition and we are happy to hear the announcement going in this direction. Setting an ambitious objective is important. However, what matters is delivering results and China has so far not detailed how it will achieve its 2060 target. On 14 September in the latest VTC between the EU and Chinese Leadership, it was agreed to set up a climate and environment dialogue to go further in this field. This dialogue could focus on the pathways to get to net-zero emissions. Prominent topics should be the phasing out of coal, the role of carbon pricing, the rollout of hydrogen. In addition, the dialogue could prepare the ground for global action on methane emissions.
“China should cease its financing of fossil-fuel based energy supply in third countries, starting with coal.”
It is also not just about China’s domestic energy choices: 44 % of China’s investment support in the framework of the Belt and Road initiative relates to energy. This has resulted in the construction of many fossil-fuelled power plants. In keeping up with its domestic aspirations, China should cease its financing of fossil-fuel based energy supply in third countries, starting with coal. This question should also be high on the agenda of the EU-China dialogue and for our preparation of COP 26.
The need for high ambition coalitions
We seek high ambition coalitions with countries that share our determination to live up to the objectives of the Paris Agreement. We have always said that we need to deploy a climate diplomacy to share our efforts with the rest of the world especially with great emitters and, naturally, we want to work closely with China on that issue. It could exert strong pressure on other emitters to increase their ambitions, notably in Asia, a continent accounting for more than half of global emissions, but also in the Americas. It could turn 2021 into a successful year for climate action, culminating in COP-26 in November in Glasgow.
“We need to deploy a climate diplomacy to share our efforts with the rest of the world especially and, naturally, we want to work closely with China on that issue.”
It is obvious that China’s promising announcement on climate change comes at a time when there are also significant and in fact growing differences between us, be it the situation in Hong Kong, the treatment of the Uighurs, or the lack of reciprocity in our trade and investment relations. This reminds us of the complexity of our relationship with China: it is both an economic competitor and systemic rival, whose political system is built on values that are different from ours; but also a partner for tackling the colossal challenges of the 21st century in a multilateral framework.
“China is both an economic competitor and systemic rival and a essential partner for tackling the colossal challenges of the 21st century in a multilateral framework.”
I have argued previously that we cannot reduce the complexities of the EU-China relationship to a binary choice. It is not either/or, but both/and. We can and should push back strongly in areas where China’s behaviour goes against our interest or universal values and develop our ‘strategic autonomy’, while at the same time also working closely with China to deal with global challenges and deliver global public goods – the fight against climate change being perhaps the single clearest example of this.
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We need straight-talk and determined action on democracy24/11/2020 – HR/VP blog – With a ‘democratic recession’ underway and new threats to democracy emerging, we need to step up the defence of democracy, both at home and abroad. In particular, we should deepen our cooperation with fellow democracies to counter the rise of authoritarianism.
An EU-ASEAN Strategic Partnership: how did that happen and what does it mean?06/12/2020 – HR/VP blog – Earlier this week, the EU and ASEAN took the decision together to establish a Strategic Partnership. It worth telling the story of the long road to this historic decision and what it means. At heart the EU and ASEAN are “partners in integration” working together for
The events in Washington and what it means for Europe10/01/2021 – HR/VP blog – The shocking events in Washington last Wednesday must be a wake-up call for all democracy advocates around the world. We need to fight harder against disinformation and inequalities and renew global cooperation to promote the rule of law and democratic values.
The long and complex road towards an EU Global Human Rights Sanctions Regime31/10/2020- HRVP Blog- Since the beginning of my mandate, I have been working on a new EU Global Human Rights Sanctions Regime. We are now at the final stage of a long and complex process to establish it. Once the legal instruments adopted by the Council, this regime would allow us to go swiftly
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The Coach Gallery at Versailles Open Once Again
Posted in museums, on site by Editor on June 6, 2016
Baptism Sedan of the Duc of Bordeaux
(Château de Versailles)
◊ ◊ ◊ ◊ ◊
The coaches at Versailles are once again on view:
The Coach Gallery of the Palace of Versailles, situated in the King’s Great Stables and closed to the public since 2007, will once again be opening its doors in the spring of 2016, thanks to sponsorship by the Michelin Corporate Foundation. This recently restored collection of coaches is one of the largest in Europe but is still very little known by the general public, and will be on display in a new and fully redesigned space.
Designed to be noticed, the carriages of Versailles are artistic masterpieces. Ostentatiously luxurious and extravagantly decorated with gold and sculpted detail, they were produced by the best artists of the French Court, including architects, carpenters, sculptors, cabinet-makers, bronze workers, chasers, gilders, upholsterers, embroiderers, and trimmings suppliers.
Besides its artistic quality, the collection is also a sort of ‘Vehicle Exhibition from the 18th and 19th centuries’, containing the finest prototypes and cutting-edge advances in French coach-making in terms of comfort, level of performance, and technique including traction, steering and suspension, and the first coupés and convertibles.
In addition, each coach tells a bit of French history through dynastic or political events such as christenings, marriages, coronations or funeral ceremonies. Above all else, the collection is a living testimony to life in the French Court and sumptuousness during the Ancien Régime, the French Empire, and the Restoration.
Visitors will discover these magnificent vehicles up close, such as the Berlins from the marriage of Napoleon I, the coach from the coronation of Charles X and the funeral carriage for Louis XVIII. They will also see finely decorated harnesses with gilded bronze, litters, the small coaches belonging to Marie-Antoinette’s children and an incredible collection of fantastical sledges made during the reign of Louis XV.
During the Ancien Régime the royal stables were located in the King’s Small Stables and Great Stables, a pair of buildings built opposite the Palace of Versailles by Jules Hardouin-Mansart. Pearls of classic French architecture, these two constructions were designed to house the horses and coaches of the King and the Court as well as the thousand or so people who formed the Institution, including horsemen, drivers, blacksmiths, wheelwrights, saddlers, doctors and even musicians.
At the time of the revolution, hundreds of vehicles that once served the King and Court were sold and dispersed, and then re-used during the War in the Vendée and to serve the needs of the revolutionary government. In 1837, when Louis-Philippe turned the Palace of Versailles into a museum dedicated to ‘All the glory of France’, he re-assembled the collection of historical Coaches.
The success of the exhibition Roulez Carrosses! in 2011–13 at the Arras Musée des Beaux-Arts revealed both the richness of the exhibition and the public’s interest in these works of art. It also brought to light the need to exhibit them in the Palace of Versailles and make them permanently available to the public.
The exhibition space is composed of two galleries and currently covers nearly 1000 m², allowing the collection to be comfortably spread out. The scenography will respect the spirit and architecture of the setting: the Royal Stables built by Jules Hardouin-Mansart between 1679 and 1682.
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Journal of Business Venturing—Rationality in The Entrepreneurship Process
Starts: Nov 1, 2020 9:00 AM (ET)
Ends: Dec 1, 2020 11:59 PM (ET)
Associated with Entrepreneurship (ENT)
Special Issue of Journal of Business Venturing
RATIONALITY IN THE ENTREPRENEURSHIP PROCESS: IS BEING RATIONAL ACTUALLY RATIONAL?
Submission Deadline: December 1, 2020
Lakshmi Balachandra, Babson College
Robert Baron, Oklahoma State University
Melissa Cardon, University of Tennessee
Jeff Pollack, North Carolina State University
Enrica Ruggs, University of Memphis
Matt Rutherford, Oklahoma State University
In this special issue, we aim to tackle the provocative topic of entrepreneurial rationality and explore what it is, what it does, where it comes from, who has it, how and why it works, and the contextual factors that influence when it does and doesn't work. We also examine whether cognitive shortcuts that are often considered non-rational enable entrepreneurs to make improved decisions or whether, and when, such cognitive shortcuts result in less effective decisions (Busenitz & Barney, 1997; Manimala, 1992; Shepherd, Williams, & Patzelt, 2015). We also seek insights on how new methods of research such as neuroscience, biology, or virtual reality simulators enable a deeper examination of questions around entrepreneurial rationality and irrationality. In pursuing such questions, we hope to address unanswered questions regarding how entrepreneurs should make decisions along with our more commonly considered questions of how they currently do make decisions which impact how they behave or act.
Concerning entrepreneurs' decision-making, Shepherd et al. (2015) noted that "...we are far from having a comprehensive and coherent story of this phenomenon. Instead, the field has become increasingly fragmented and diverse" (p. 38). On one hand, we have the notion that entrepreneurs should make decisions using rationality, defined as a "...normative basis for deciding and acting" (Miller, 2007, p. 67). On the other hand, we have the notion that due to uncertainty and ambiguity inherent in entrepreneurship, biases and heuristics represent a necessary "...systematic deviation from rationality or norms in judgment and decision making" (Zhang & Cueto, 2017, p. 419). In summary of the related literature, Zhang and Cueto (2017, p. 442) note that we find "...definitional disagreements, equivocal relationships, and overdue connections to advancements in other relevant research streams." Concerning rationality specifically, Miller (2007, p. 68) notes that empirical approaches are needed, because conceptual arguments alone cannot provide adequate answers.
In line with these sentiments, and despite recent advances in the management and psychology literature (e.g., Artinger, Petersen, Gigerenzer, & Weibler, 2015; Gigerenzer & Gaissmaier, 2011), the state of affairs in this area of entrepreneurship research-specifically surrounding entrepreneurs' rationality in the entrepreneurship process-is a quagmire of mixed empirical findings and non-conclusive conceptual musings. We believe a seismic shift in extant approaches to research in this area is needed to move this research forward. Herein lies the motivation, and necessity, for this special issue.
What We Know and What We Do Not Yet Know
What we know about rationality in the entrepreneurship process, to date, has primarily explored rationality in the decision-making processes of entrepreneurs, and the actions of different types of investors (e.g. angels, VCs, crowdfunders). Regarding the first topic, decision-making processes (Miller, 2007; Zhang & Cueto, 2017), research reveals that entrepreneurs may engage in irrational actions for a variety of reasons such as too much confidence or too much optimism, uncertainty, similarity biases, and escalation of commitment. Here, some research contends that biases and heuristics are necessary in order to navigate the entrepreneurship process, whereas in some cases entrepreneurs and stakeholders with such biases and heuristics make errors (Busenitz & Barney, 1997; Holcomb, Ireland, Holmes, & Hitt, 2009; Manimala, 1992; Shepherd, Williams, & Patzelt, 2015), thus suggesting that rationality would be preferred.
Regarding the second topic, actions of different types of investors (e.g. angels, VCs, crowdfunders), the literature is expanding quickly (e.g., Balachandra, Briggs, Eddleston, & Brush, 2017; Brush, Greene, Balachandra, & Davis, 2018). Here, sources of biased decisions include gender (e.g., Kanze, Huang, Conley, & Higgins, 2018; Malmström, Voitkane, Johansson, & Wincent, 2018), gender stereotypes (e.g., Johnson, Stevenson, & Letwin, 2018), passionate displays or perceptions (e.g., Mitteness, Cardon, & Sudek, 2013), individuals' attractiveness (e.g., Baron, Markman, & Bollinger, 2006; Brooks, Huang, Kearney, & Murray, 2014), trustworthiness (e.g. Maxwell & Levesque, 2014), and weight (e.g., Pollack, Burnette, & Hoyt, 2015). This body of work is large and growing, and it shows that investors use non-rational decision criteria. Yet, we do not know whether this is how they should be making decisions; we have little evidence concerning the utility of such non-rational decision factors in terms of how well investments made based on such factors pay off for the investors or the entrepreneurs receiving them. Perhaps the context of investor decision-making is one in which rationality is less optimal than what would otherwise be considered "biases" in decision-making, though we have little evidence to evaluate the efficacy of rational versus non-rational decision criteria of investors.
In sum, despite the work in these two main areas, described above, what we do not yet know far outweighs what we do know about rationality in the entrepreneurship process. Specifically, what is it about the entrepreneurial context and process that lends itself to different standards of rationality in behaviors and actions related to, potentially, different outcomes other than success? For example, the notion of "fail fast" and "fail quickly" would certainly not be considered rational in a large, established organizations. But, in the nascent entrepreneurship context, this may indeed be rational advice to give aspiring entrepreneurs (e.g., Khanna, Guler, & Nerkar, 2016). What are or should the standards for rationality be in the context of entrepreneurial behaviors and actions, where there is a prevalence of risk, uncertainty, and ambiguity (e.g. McMullen & Shepherd, 2006; Heath & Tversky, 1991)? Are there different norms for what would be considered rational in different entrepreneurial environments or for different types of situations? We don't have answers to such questions, yet given the importance of the variety of decisions about behaviors and actions entrepreneurs make on a regular basis, this is a problematic void in our literature.
Given the state of the literature, there are numerous areas where insights are needed. First, we have little knowledge of how entrepreneurs should make decisions regarding behavior and actions. While Shepherd et al. (2015) provided insights into how entrepreneurs do make decisions, we need more normative assessments that can tell us when and why rational decisions are needed and when a "systematic deviation from rationality or norms in judgment and decision making" is needed. One of the only examples is Kanze et al. (2018), who found support for the premise that entrepreneurs can use certain tactics to decrease the gender disadvantage in funding (i.e., responding to prevention-focused questions with promotion-focused answers). In sum, there is a need for more work to (a) explore what level of rationality is appropriate for different entrepreneurial behaviors and actions and/or contexts, (b) explore ways for entrepreneurs and key stakeholders to act more rationally based on those standards, and (c) bridge the gap between science and practice to enable entrepreneurs to learn of, and use, such insights (e.g., Banks et al., 2016).
Second, we need more process-oriented research that can better capture the need for rationality versus cognitive shortcuts across the entrepreneurial life-span (e.g., McMullen & Dimov, 2013). Put differently, we need focused inquiry across the processes of identifying, exploring, and implementing opportunities that can illuminate the rationality (or not) of being rational at different stages or with different opportunities.
Potential Research Questions This Special Issue Could Address
We seek exemplary research that showcases unique empirical strategies and novel data sources. We also seek research that develops provocative theoretical and philosophical contributions and/or integrates findings and theories across multiple disciplines and perspectives. Some possible broad research questions that might be addressed by contributions in this special issue include:
• What is entrepreneurial rationality, and what can it do to help (or hurt) entrepreneurs? Can rationality be developed and how can we assess it in individuals or teams? How and when is it appropriate (and optimal) to act rationally versus not in the entrepreneurship process?
• How does uncertainty differ from ambiguity, and what are the implications for entrepreneurs' rationality (e.g., Heath & Tversky, 1991; McMullen & Shepherd, 2006)?
• How can extant perspectives regarding the entrepreneurship process be revised to account for advances in the decision-making and entrepreneurship cognition literatures (Baron, 1998)? What do we now know about different cultures and institutions that can inform our thinking about universal norms of rationality (and irrationality) in the entrepreneurship process (Busenitz & Lau, 1996; Klyver & Foley, 2012; Thornton, Ribeiro-Soriano, & Urbano, 2011)?
• How can entrepreneurship researchers leverage the vast literature on judgments and decision-making to examine which biases and heuristics are more applicable in the new venture creation process (e.g., Gigerenzer & Brighton, 2009; Gigerenzer, 2008), and specifically for different aspects of venture creation or creation of different types of ventures (e.g., Brown, Packard, & Bylund, 2018)?
• What are the philosophical approaches (and implications) to exploring rationality in the entrepreneurship process, including topics such as opportunities (e.g., Ramoglou & Tsang, 2016; Davidsson, 2017; Ramoglou & Tsang, 2017) institutions and uncertainty (e.g., Bylund & McCaffrey, 2017), as well as entrepreneurial action (e.g., Hunt & Lerner, 2018).
• Can technological solutions (e.g., virtual reality, computer-mediated decision-making, rubrics) improve the rationality of entrepreneurs' decisions? And, relatedly, building on the work of Kanze et al. (2018), what other tactics can individuals use to optimize decisions and behaviors throughout the entrepreneurship process?
• Are there any objective norms (or situations) in the domain of entrepreneurship that would indicate that individuals (or teams) should make one decision versus another decision given a set of circumstances? Are there situations that are universally rational in that one decision is "right" or "correct"?
• How can research reconcile the conflicting effects of preparation and planning on entrepreneurs' decisions (Shepherd et al., 2015, p. 25)? Should they plan before taking action (which some research supports) or should they avoid planning to mitigate slower actions? And, are some types of planning more effective at guiding rational behaviors and actions relative to others (that are less rational) in terms of achieving different outcomes?
• Can research inform entrepreneurs as to how, optimally, to approach decision-making? How can research empirically examine conceptual frameworks for entrepreneurs' decisions? For example, can we provide evidence-based, prescriptive ideas that inform entrepreneurs when to use rational versus intuitive versus action-oriented decision-making approaches (e.g., Mintzberg & Westley, 2001; Pina e Cunha, 2007)? Are decisions based on "impulse-driven, non-deliberative logics" less optimal (Lerner, Hunt, & Dimov, 2018)? Which biases and heuristics work and which don't (e.g., Artinger et al., 2015; Brandstätter, Gigerenzer, & Hertwig, 2006; Burmeister & Schade, 2007; Gigerenzer & Goldstein, 1996; Goldstein & Gigerenzer, 2002; McCarthy, Schoorman, & Cooper, 1993), and under what conditions, or for what outcomes?
• Are different levels of utility maximization versus cognitive short-cuts appropriate at different stages of the entrepreneurial or venture life-span? Do entrepreneurs with more experience or more successful prior ventures use different levels of rationality versus heuristics? How do their behaviors, actions, and associated decision-making processes impact desired outcomes?
• From a meso perspective, how do different groups (e.g., investors, entrepreneurs) make decisions, and take actions, in the entrepreneurship process? Is there an "optimal" process that can enable groups to view a set of decisions and possible actions objectively? And, relatedly, is "objectivity" the goal? Is the entrepreneurship process best viewed from an objective lens? What are the situations and scenarios in which biases and cognitive shortcuts help individuals (e.g., investors, entrepreneurs, and other stakeholders) optimize behaviors and decisions and actions throughout the entrepreneurship process?
• Implicit versus explicit bias is a needed area of inquiry. For example, what are the implicit biases that affect the entrepreneurship process (e.g., Chassot, Klöckner, & Wüstenhagen, 2015)? There are multiple neuroscientific approaches which could reveal nuanced insights that we have missed so far (Marini et al., 2016; Meadors & Murray, 2014; Nosek, Hawkins, & Frazier, 2011). Overall, what current approaches to detect implicit versus explicit biases can be leveraged to add insight to the rationality (or irrationality) of the entrepreneurship process?
• What are the best practices, both quantitative and qualitative, that can be applied to study rationality in the entrepreneurship context (e.g., Anderson, Wennberg, & McMullen, 2019; Kraus, Ribeiro-Soriano, & Schüssler, 2018; Täuscher, 2018)? Relatedly, how does our approach to entrepreneurship research, as academics, introduce irrationality and/or bias into the methods and results of our work (e.g., O'Boyle, Rutherford, & Banks, 2014)? Multiple methodologies can likely provide needed insights into this area of research. In line with current best practices, we suggest an open science (OSF; Anderson et al., 2019) approach to developing submissions using these, and other, methods:
- Prospective meta-analyses that can provide a critical mass of empirical findings to aggregate
- Randomized clinical trials that can look at ventures with a known outcome (e.g., exit, IPO, acquisition, etc.) and determine what information (low, high) relates to more accurate decisions
- Longitudinal field experiments that influence the decision-making of entrepreneurs relative to a control condition
- fMRI studies that explore which areas of the brain are affected or used when presented with certain information about entrepreneurial ventures
- Qualitative Case Analysis (QCA) and similarly nuanced and rigorous qualitative methods to extract the successful modes of operation the lead to successful ventures.
Submission Process and Deadlines
· Papers will be reviewed according to the JBV double-blind review process.
· The deadline for submission is December 1, 2020.
· Manuscripts should be submitted through the JBV online submission process: Journal of Business Venturing
**Please do email any of the guest editors with questions.
Download to Your Calendar
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Samantha Hamlin
Postdoctoral Researcher, Urban Green Infrastructure
samhaml@iu.edu
Jordan Hall 149B
Ph.D. Environmental Sciences and Resources, Portland State University, 2018
MBA, Western Washington University, 2011
M.S. Biology—Marine and Estuarine Science, Western Washington University, 2009
B.A. Biology, The Evergreen State College, 2007
Walking Tashan Weir, an ancient dam constructed in 833, in Ningbo, China (photo by Samantha Hamlin)
Samantha Hamlin is an environmental geographer with a background in geographic information systems (GIS), water resources management, green infrastructure, ecological economics, biology, and environmental economics. Prior to joining the Institute, Hamlin was a National Science Foundation fellow in the Integrative Graduate Education and Research Traineeship program at Portland State University where she studied the role of policy in the use of infrastructure for flood hazard and floodplain management. Hamlin has also studied green infrastructure for urban flood mitigation in China's 'Sponge Cities' and in the U.K. Hamlin was also a Chen Endowed Fellow in Science and Mathematics Entrepreneurship.
Sustainable urban drainage systems in Newcastle, UK (photo by Samantha Hamlin)
Hamlin's research is primarily focused on the spatial dimensions of green infrastructure. Hamlin is most interested in how these spatial inventories and analyses can be applied by practitioners, planners, and researchers to improve community resilience and livability, preserving our environmental assets and amenities for humans and non-humans alike. Hamlin leverages several disciplines to do so, including ecology and environmental science, geography and GIS, ecological economics (a discipline that seeks to integrate ecology and economics), and policy and planning. Her current work with the Urban Green Infrastructure working group builds on her earlier research that focused on green infrastructure and community resilience.
Hamlin's previous research focused on drought, water conflict, and collective action in the Oregon-California Klamath River Basin; a spatial analysis of pesticide use in California's Central Valley; the economic values of different environmental assets and amenities, and how these might change depending on location; and managing risk in river and floodplain systems.
Because of her interest in using green infrastructure to improve water and natural resource management decisions, Hamlin continues to analyze practitioners' attitudes and beliefs toward using different infrastructure such as green infrastructure (which tries to mimic a more natural ecosystem) and gray infrastructure (which uses the built environment to contain or move water out of the system as quickly as possible through the use of, for example, sewer systems) to meet community planning goals.
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Mike O'Hearn - Fitness Legend and Real-Life Superhero
Mike “Titan” O’Hearn came from humble beginnings. He grew up on a farm in Kirkland, WA and is the youngest of 9 brothers and sisters. He began competing in bodybuilding, power lifting, and martial arts at the age of 13. By the age of 15, he won the Teenage Washington State competitions in all three sports. When not training, he is busy writing, producing, and directing his own projects.
Mike is a real-life superhero and a renaissance man in the flesh. Like the bodybuilding greats before him, Arnold Schwarzenegger and Lou Ferrigno, Mike holds 4 Mr. Universe titles and was voted one of the 12 greatest physiques of all time by the fitness industry. Mike is a true champion, well-rounded athlete who has graced over 500 fitness covers (second to Arnold Schwarzenegger), actor and community ambassador.
Some of Mike’s accolades include:
Appeared on Always Sunny in Philadelphia, Days of Our Lives, and more
4x California Power Lifting Champion
4x Mr. Natural Universe
Mr. America
Mr. International
Mr. World
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Comité Europeu para a Proteção de Dados
Sobre o CEPD
Aviso relativo à Proteção de Dados
Encarregado de proteção dos dados @ CEPD
Acesso do público aos documentos
Secretariado do CEPD
Regulamento interno e Memorando de Entendimento
Quadro jurídico
Dossiê de imprensa
O nosso trabalho e os nossos instrumentos
Nossos documentos
RGPD: Diretrizes, recomendações e melhores práticas
Polícia e Justiça: Diretrizes, recomendações e melhores práticas
Conclusões em matéria de controlo da coerência
Decisões Vinculativas
Registo para Decisão tomada pelas autoridades de controlo e pelos tribunais sobre assuntos tratados no âmbito do procedimento de controlo de coerência
Instrumentos de responsabilização
Registo para Códigos de Conduta, alterações e aditamentos
Grupo de Trabalho do Artigo 29.º
News National News National News
On this page you will find news on GDPR enforcement by the national supervisory authorities. The press releases gathered here do not constitute official EDPB communication nor an endorsement. They are published strictly for information purposes and are represented here as they appeared on the supervisory authority's website or other channels of communication. Therefore, these news items are only available in English or in the Member State's official language with a short introduction. Any questions regarding these news releases should be directed at the supervisory authority concerned. You can find all supervisory authorities here.
se300,000 SEK fine against housing company
The Swedish Data Protection Authority has issued an administrative fine of SEK 300,000 against a housing company for unlawful video surveillance in an apartment building.
The Swedish Data Protection Authority (DPA) received a complaint concerning video surveillance in an apartment building belonging to the housing company Uppsalahem. The complainant claimed that there was a surveillance camera in the apartment house directed towards the complainant's front door.
The DPA's audit shows that the housing company had set up a surveillance camera monitoring the floor where the complainant lives. The camera's monitoring area clearly covered two apartment doors, one of which belongs to the complainant and the other belonging to a resident whom has been subject to disturbances and harassment.
The housing company states that the purpose of the video surveillance was to resolve disturbances having occurred in the stairwell over time.
"The way the video surveillance was set up, on the ground floor of the property, left all residents of the house subject to monitoring on their way to and from their respective home. This is especially true for the complainant and the closest neighbour, since their front doors are so clearly included in the monitoring area of the video surveillance. Even if the company had a legitimate interest for video surveillance, it was outweighed by the residents' right to privacy," says Gustav Linder, legal advisor at the Swedish Data Protection Authority's video surveillance team.
In its decision, the Swedish Data Protection Authority concludes that the video surveillance in question, monitoring individuals in their home environment is particularly privacy sensitive. For that reason, the DPA imposes a fine of SEK 300,000 on the housing company.
The housing company has ceased the video surveillance in question.
To read the original press release in Swedish, click here
For further information, please contact the Swedish SA: datainspektionen@datainspektionen.se
The press release published here does not constitute official EDPB communication, nor an EDPB endorsement. This press release was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. As the press release is represented here as it appeared on the SA's website or other channels of communication, the news item is only available in English or in the Member State's official language with a short introduction in English. Any questions regarding this press release should be directed to the supervisory authority concerned.
ieIrish Data Protection Commission announces decision in Twitter inquiry
The Data Protection Commission (DPC) has today announced a conclusion to a GDPR investigation it conducted into Twitter International Company. The DPC’s investigation commenced in January, 2019 following receipt of a breach notification from Twitter and the DPC has found that Twitter infringed Article 33(1) and 33(5) of the GDPR in terms of a failure to notify the breach on time to the DPC and a failure to adequately document the breach. The DPC has imposed an administrative fine of €450,000 on Twitter as an effective, proportionate and dissuasive measure.
The draft decision in this inquiry, having been submitted to other Concerned Supervisory Authorities under Article 60 of the GDPR in May of this year, was the first one to go through the Article 65 (“dispute resolution”) process since the introduction of the GDPR and was the first Draft Decision in a “big tech” case on which all EU supervisory authorities were consulted as Concerned Supervisory Authorities.
The European Data Protection Board has published the Article 65 decision and the final decision on its website (see below).
Note for Editors:
Article 33(1) GDPR:
“In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.”
“The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with this Article.”
seUniversity failed to sufficiently protect sensitive personal data
Umeå University has processed special categories of personal data concerning sexual life and health through, amongst other, storage in a cloud service, without sufficiently protecting the data. The Swedish Data Protection Authority is therefore issuing a fine of SEK 550,000 against the university.
The Swedish Data Protection Authority has now completed an audit of Umeå University, concluding that the University has violated the General Data Protection Regulation by processing special categories of personal data without applying appropriate technical and organisational measures to protect the data.
A research group at the University had requested from the police preliminary investigation reports concerning cases of male rape and, upon receiving such reports, proceeded to scanning and storing them digitally. The reports contained information on, among other things, suspicion of crime, name, personal identity number and contact details, as well as sensitive data about sexual life and health.
The Swedish Data Protection Authority’s investigation shows that the research group stored over a hundred scanned preliminary investigation reports in an American cloud service, despite the University having informed via its intranet that special categories of data should not be stored in the cloud service in question.
— The cloud service and the way the university uses it does not provide sufficient protection for this type of personal data, says Linda Hamidi, who led the Swedish Data Protection Authority’s audit.
When the research group sent an e-mail to the police requesting further information, one of the scanned reports was attached as a reference, a practice that the research group later repeated despite the fact that the police pointed out the inappropriateness in sending sensitive material in unencrypted e-mails.
— These events show that the University has not taken necessary measures to ensure a level of security appropriate in relation to the risk.
The Swedish Data Protection Authority also criticises the University for failing to report the incident as a personal data breach. Since 25 May 2018, organisations are obliged to report personal data breaches to the Swedish Data Protection Authority.
— The controller is obliged to notify the DPA of data breaches and furthermore to present to us what has been done to mitigate the effects of the incident and to prevent similar incidents from happening in the future.
The overall assessment of concluded infringements led to the Swedish Data Protection Authority issuing an administrative fine of SEK 550,000 against the University.
eeThe Estonian Data Protection Inspectorate obliged e-pharmacies to immediately terminate access to another person’s prescription information
On 30 November, the Estonian Data Protection Inspectorate issued a precept, granted in a warning, with a one-day compliance deadline and a penalty of 100,000 euros to three pharmacy chains that allowed viewing in the e-pharmacy environment the current prescriptions of another person without their consent on the basis of access to their personal identification code.
‘We considered it necessary to urgently suspend the display of valid prescriptions to third persons in e-pharmacy environments on the basis of personal identification codes, as there is no legal basis for such display,’ said Maris Juha, Supervisory Director.
It must be possible to buy prescription medicine for other people, but the solution must ensure that the pharmacist is sure that the prescription information is accessed with the consent of the prescription holder. The Estonian Data Protection Inspectorate cannot approve the violation of data protection requirements in the e-pharmacy environments of the three pharmacy chains.
When the lawyer of the Data Protection Inspectorate checked the e-pharmacy environments, they were able to gain quick access to the prescription information of other persons, using the chat window. First, they had to choose in the chat window whether they requested their own prescription information or the prescription information of someone else, and if they entered the personal identification code of another person, the corresponding information became available. Only one of the three pharmacy chains had a solution which required prior confirmation of whether the person has the right to view the above information. However, another person’s justification is not equivalent to the voluntary consent of the prescription holder, because the e-pharmacy cannot check whether and for what purpose consent has been given and whether it has been given voluntarily.
The Estonian Data Protection Inspectorate initiated an own-initiative procedure pursuant to clause 56 (3) 8) of the Personal Data Protection Act. On 30 November, the e-pharmacies of Apotheka, Südameapteek, and Azeta.ee received the precept, granted in a warning, due by 1 December.
seDeficiencies in how healthcare providers control staff access to patient journal data
The Swedish Data Protection Authority has audited eight health care providers in how they govern and restrict personnel’s access to the main systems for electronic health records. The DPA has discovered insufficiencies that in seven of the eight cases lead to administrative fines of up to SEK 30 million.
The Swedish Data Protection Authority has now concluded a review of eight health care providers. What has been examined primarily is whether the health care providers have conducted the needs' and risk analysis required in order to assign an adequate access authorisation for personal data in the electronic health records.
— Health care providers must carry out a thorough analysis and assessment of the personnel's need to access information in the health records and the risks that accessing patient data includes, according to the Swedish Patient Data Act that is complementary to the GDPR. Without such analysis, health care providers cannot assign the personnel a correct level of authorisation, which in turn means that the organisations cannot guarantee patients' right to privacy protection," says Magnus Bergström, coordinator of the eight audits.
The Swedish Data Protection Authority notes that seven of the health care providers have not carried out a needs' and risk analysis, while one care provider has carried out an analysis that, however, includes some shortcomings.
The authority concludes that seven of the health care providers do not limit the users' access authorisation to the respective patient journal system to what is strictly necessary for the performance of their tasks.
— This means that the seven health care providers have not taken appropriate measures to ensure and be able to demonstrate a sufficient level of security for the personal data in the electronic health record systems.
The deficiencies of seven healthcare providers are so serious that they result in administrative fines of between SEK 2.5 to 30 million. The calculation of the amount of the fine differs significantly depending on whether it is a private company or a public authority. For companies, the maximum fine is EUR 20 million or four percent of the company's global annual turnover, whichever highest. For authorities, in Sweden the maximum fine is SEK 10 million.
The Swedish Data Protection Authority has developed guidelines that summarises the conclusions from the audits with regards to the obligation to conduct needs' and risk analyses.
— This guidance points to the importance of health care providers ensuring that needs' and risk analyses are carried out. The aim is to help care providers in conducting such analyses, which need to be carried out before any access authorisation is assigned in a health record system. Our hope is now that all the healthcare providers in the country use this guidance in their work to ensure that authorisation is correctly done, in order to guarantee patients the privacy protection they are entitled to, says Magnus Bergström.
NONorwegian DPA imposes administrative fine to Østfold HF Hospital
The Norwegian Data Protection Authority has decided on an administrative fee of NOK 750,000 to Østfold HF Hospital. The background is that in the period 2013-2019, the hospital stored report extracts from patient records outside the safe zone. The case started with a notice of personal data breach from the hospital.
The folders where the extracts were stored were not access controlled, and the activity in the folders was not logged. The report extracts have also been stored long after the lists were no longer needed. That such extensive storage of unshielded health information could take place over a long period of time, we believe indicates shortcomings in the internal management system, says senior legal adviser Susanne Lie
About the breach
The report extracts were lists of patients ready for discharge (RfD list) and included special categories of personal data (sensitive patient information). The discrepancy includes three different lists:
An updated RfD list that includes approx. 25-30 patients. This list is updated every 15 minutes.
A historical RfD list from 2013 until 2019, with 13,800 patients and 26,596 discharges.
Two lists with national identification number and reason for admission, with approx. 30 patients.
The personal information in the lists includes demographic information and name, date of birth, municipality, department affiliation and any information about facilitation when transferring a patient to a municipality. Two of the lists contained national identification number and reason for admission.
There has been no access control in the area / folders where the report extracts were stored and/or temporarily stored, and it has been logged whether employees have been inside the information. The personal information has been available to 118 employees at Østfold HF Hospital, where most have not had an official and justifiable need for such access.
The Norwegian Data Protection Authority considers that Østfold HF Hospital has not established a system for access control that is sufficient to prevent similar breaches from occurring in the future, and particular reference is made to the routines for access control and storage of personal data. The management system must involve follow-up that the routines are followed, which also means to ensure that only secure systems are used in the processing of sensitive personal data.
For further information, please contact the Norwegian DPA: international@datatilsynet.no
esSpanish DPA imposes fine on Telefónica Móviles España
The Spanish Data Protection Authority (AEPD) imposed a fine of 75.000 EUR on Telefónica Móviles España, S.A.U., for unlawfully processing the claimant’s personal data by charging them several invoices corresponding to a third person.
The claimant, who wasn’t a defendant’s client, contacted the controller in order to try to solve the situation, without success. The controller stated that, eventually, the invoices charged weren’t paid, and that the processing activity was carried out by the bank.
The AEPD considered that Telefónica Móviles España, S.A.U., violated Article 6(1) of the GDPR, by processing the claimant's personal data without any lawful basis, and consequently fined the controller.
For further information, please contact the Spanish DPA: prensa@aepd.es
beBelgian DPA fine for unlawful processing of video images
The Belgian DPA imposed a fine of 1,500 EUR for unlawful processing of personal data made via a video surveillance system. The positioning of the cameras of this video system also constituted an infringement of the data protection by design principle, the DPA concluded.
Two complainants had filed a complaint with the Belgian DPA with regard to the video surveillance system of their two neighbours, as well as the further use of the images made by the system. The complainants demanded that the video surveillance system would be taken down.
The two defendants had installed a video surveillance system with five surveillance cameras (filming 24/7) on their private property. Two cameras that were mentioned in the complaint were positioned in such a way that those cameras filmed the public road or the private property of the complainants and had filmed at least one of the complainants while driving on the public road or entering private property of their own.
The images were used by the defendants in a dispute procedure between the defendants and the complainants regarding environmental planning.
In the same dispute procedure, a photograph with the image of one of the complainants was used. The complainants thought this was a still image originally made by the video surveillance system, but the photograph turned out to be made by one of the defendants with a smartphone.
Role of national law concerning video surveillance cameras
A law of 21 March 2007 regulates the positioning and use of video surveillance cameras. Although the Belgian DPA is technically competent to take into account the provisions of the law, as it did in its decision to specify certain viewpoints, the primacy of the GDPR as EU law resulted in the decision that a priori analysed potential breaches of the GDPR.
Decision of the Litigation Chamber
The litigation chamber of the Belgian DPA upheld that:
- the images with personal data made by two of the five surveillance cameras were not processed in a lawful way under article 6.1.f. GDPR, as there were legitimate interests for the defendants to protect their own private property, but the filming of large parts of the public road, as well as the filming of the private property of the complainants, was not deemed necessary to safeguard those legitimate interests. Moreover, the Belgian DPA found the interests of the defendants to process personal data through the two surveillance cameras to be overridden by the interests, fundamental rights and freedoms of the complainants;
- the transfer of images made by the two surveillance cameras containing personal data in the context of the dispute procedure, constituted a breach of article 6.1. GDPR, as the images were unlawfully made in the first place, thus constituting unlawful processing impacting the further processing;
- the making of a photograph of one of the complainants by one of the defendants, and the further processing thereof, was lawful under article 6.1. GDPR, as the processing was necessary for the defendants to safeguard a legitimate interest, and the latter interest was not overridden by the interests, fundamental rights and freedoms of the data subject;
- as the two surveillance cameras were wrongfully positioned, resulting in the unlawful processing of images containing personal data, the defendants infringed article 25.1. GDPR .
The Litigation Chamber of the BE DPA therefore imposed a fine of 1,500 EUR for the infringements of article 6 GDPR. In addition, the Litigation Chamber issued a reprimand to the defendants for not respecting article 25.1. GDPR while placing their video surveillance system.
To read the original press release in French, click here. For Dutch, click here
To read the full decision (currently only available in Dutch), click here
Fur further information, please contact the Belgian DPA: contact@apd-gba.be
seGDPR fine for unlawful video surveillance in an LSS housing
The Swedish Data Protection Authority issues an administrative fine of SEK 200,000 against Gnosjö Municipality for unlawful video surveillance in an LSS housing.
The Swedish Data Protection Authority received a complaint from a relative of a resident of a residential care home for persons with certain functional impairments (so-called LSS housing) in Gnosjö municipality, claiming that the resident was being monitored illegally. The Authority initiated an audit of the LSS housing and can conclude that the resident in question indeed was monitored in their bedroom in violation of the General Data Protection Regulation, GDPR, and the Swedish Video Surveillance Act.
"The resident has been monitored in the most private sphere of the home, which led to a severe and unjustifiable interference with the residents' right to privacy" says Jeanette Bladh Gustafson, lawyer at the Swedish Data Protection Authority's unit for video surveillance.
The Social Welfare Committee in Gnosjö, which is responsible for the LSS housing, has stated that the resident's disease profile has created major difficulties both for the resident himself and for the staff, and that situations have arisen where there has been a risk to the life and health of the resident. There has also been situations where the staff has suffered injuries.
The Swedish Data Protection Authority shares the assessment of the Social Committee that there has been a need to take measures to manage and improve the situation.
— However, it should be possible for the LSS housing to achieve the same purposes as those for which the video surveillance was carried out with less privacy-intrusive means.
The Swedish Data Protection Authority concludes in its decision that there is no legal basis for the video surveillance, that an impact assessment has not been carried out before initiating the video surveillance and that the controller has failed to clearly inform about the video surveillance. For those reasons, the Swedish Data Protection Authority issues an administrative fine of SEK 200,000 against the Social Welfare Committee.
To read the full decision in Swedish, click here
plReprimand for disclosure of the list of quarantined persons
The President of the Personal Data Protection Office, after having conducted ex officio proceedings relating to breach of personal data protection of persons subject to medical quarantine by making available to unauthorised recipients a list containing the addresses of persons in medical quarantine, imposed a penalty of a reprimand on the waste management company and ordered the company to communicate the breach to the data subjects.
Let us recall that the Personal Data Protection Office (UODO) received a letter from the State Poviat Sanitary Inspector in Gniezno (hereinafter referred to as ‘PPIS in Gniezno’) with information on the public disclosure of a list containing the addresses of persons who are in quarantine under the administrative decision of PPIS in Gniezno and the mandatory quarantine in connection with the crossing of the country’s border, as well as the address details of persons in home isolation in connection with diagnosed SARS-CoV-2 infection.
For more information (in Polish) please visit: https: //uodo.gov.pl/pl/138/1499
UODO has undertaken activities to clarify the situation. The Office called on the controller to clarify whether, in determining the procedures related to the processing of personal data concerning the addresses of quarantined persons due to the threat of coronavirus, it carried out an analysis of the method of distribution of the above-mentioned data in electronic and paper versions, in terms of the risks associated with the loss of their confidentiality, and to inform about the outcome of this analysis.
The Company stated in the submitted explanations, inter alia, that it carried out the analysis taking into account the circumstances connected with the failure of the processors of the abovementioned lists to comply with procedures in force in the Company and the circumstances related to the stealing or taking away of data. In addition, the controller expressed the view that the lists received included only administrative (police) addresses and did not include names, surnames and other identifiable data.
Having examined all the material collected in this case, the Office stated that information concerning: the name of the locality, street name, building/apartment number, subjecting a person to medical quarantine, constitutes personal data within the meaning of the GDPR, and the fact that persons are in quarantine constitutes a special category of personal data concerning health. On the basis of the above personal data, it is possible to identify the data subjects and therefore the controller is subject to the obligations resulting from the GDPR. UODO also took into account that the confidentiality of the data processed had been breached during the performance of the employee duties of the person responsible for supervising the printed list, left on the desk without proper supervision. At that time another employee recorded the list in the form of a photograph and shared it with another person.
In the UODO’s view, the safeguards indicated in the risk analysis are formulated in general terms and do not relate to specific events related to the activities undertaken by authorised employees. The provisions in the risk analysis, which largely relate only to the signing of the relevant statements and documents by employees, are insufficient and inadequate to the risks associated with the processing of the special categories of data, namely the addresses of the quarantined persons.
Furthermore, in the risk analysis, the controller should take into account both the special character of the data processed and the human factor, i.e. recklessness, negligence or lack of due diligence, which is one of the sources of risk in the processing of personal data.
The supervisory authority also noted that a one-off and cursory analysis also meant that the controller did not take action aimed, inter alia, at regular testing, measurement and evaluation of the effectiveness of technical and organisational measures to ensure the security of processing.
Article 33(1) of the GDPR sets forth that in the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The company was obliged to report the breach to the President of the UODO, however it failed to do so.
Furthermore, in a situation of high risk to the rights or freedoms of natural persons resulting from a personal data breach, the controller is obliged to communicate the breach to the data subject without undue delay. The controller shall inform persons individually of breaches of their data, unless it would involve disproportionate effort. In such a case, the controller shall issue a public communication or implement a similar measure to inform the data subjects equally effectively.
Disclosure to unauthorised recipients of personal data concerning residence addresses and health data has undoubtedly resulted in a high risk to the rights or freedoms of persons in medical quarantine. Nevertheless, the Company did not communicate personal data breaches to the data subjects.
In connection with such findings, the President of the UODO, stating a breach of the provisions of the General Data Protection Regulation, issued a reprimand to the company and ordered it to communicate the personal data breach to the data subjects.
The fact of taking by the Company disciplinary action against employees who contributed to the breach and the fact that, despite the difficult epidemiological situation, the controller has committed to provide trainings on personal data protection for its employees, are considered to be attenuating circumstances for the final decision, but not affecting its content.
To read the original press release in Polish, click here
To read the full decision in Polish, click here
For further information, please contact the Polish SA: kancelaria@uodo.gov.pl
seSwedish SA fines Board of Education in the City of Stockholm
The Swedish Data Protection Authority has reviewed the so-called School Platform, the IT system used for, among other things, student administration of schools in the City of Stockholm. The review shows an insufficient level of security of such grave nature that the authority issues an administrative fine of four million SEK against the Board of Education in the City of Stockholm.
The Swedish Data Protection Authority has received a number of personal data breach notifications from the City of Stockholm's Board of Education. The incidents all relate to the School Platform, which is the IT system used for, among other things, student administration in Stockholm. The school platform contains information of up to 500 000 pupils, guardians and teachers. The system contains sensitive data, including special categories of personal data, as well as information about pupils and teachers with classified information or protected identity.
The DPA has reviewed four subsystems in the School Platform and has found serious shortcomings. In one of the subsystems, deficiencies in the ability to restrict users' access to data have allowed large parts of the staff to access information about students with a protected identity. In another subsystem, guardians have been able to access information on other children concerning, for example, grades and evaluations talks in a relatively easy way. Through Google's search engine, it has been possible to find links for login to an administration interface in which information about teachers with a protected identity has been accessible.
— In an IT system like this, large amounts of personal data are processed. For such systems it is extremely important that the controller has put in place sufficient security measures in order to protect the data and furthermore to ensure continuous evaluation of the level of protection," says Ranja Bunni, a lawyer at the Swedish Data Protection Authority who participated in the investigation.
In its decision, the Swedish Data Protection Authority finds that the Education Board has not ensured that the personal data in question is processed securely. The Board has failed to take adequate technical and organisational measures to ensure a level of security appropriate in relation to the risk, including a procedure for regularly testing, examining and evaluating the effectiveness of the technical measures in place.
The Swedish Data Protection Authority issues an administrative fine of four million SEK for the concluded infringements. In Sweden, the maximum amount for administrative fines against public authorities is 10 million SEK.
— According to the General Data Protection Regulation, GDPR, administrative fines must be effective, proportional and dissuasive. In this case, the infringements have affected several hundred thousand data subjects, including children and pupils, as well as includes deficiencies in the handling of sensitive and special categories of personal data such as data regarding persons with protected identity and health data, says Salli Fanaei, who also participated in the investigation of the Swedish Data Protection Authority.
itAggressive telemarketing practices: Vodafone fined over 12 million Euro by Italian DPA
The Italian data protection supervisory authority (Garante per la protezione dei dati personali) ordered Vodafone to pay a fine in excess of Euro 12,250,000 on account of having unlawfully processed the personal data of millions of users for telemarketing purposes. As well as having to pay the fine, the company is required to implement several measures set out by the Garante in order to comply with national and EU data protection legislation.
This decision marks the final step in a complex proceeding that the Garante had initiated following hundreds of complaints and alerts submitted by users against unsolicited phone calls made by Vodafone and/or the company’s sales network in order to promote telephone and Internet services.
The investigations carried out by the Garante brought to light major criticalities of a ‘structural’ nature having to do with the violation not only of consent requirements, but also of key principles such as accountability and data protection by design as set forth in the EU GDPR. These criticalities could be traced down to the processing activities performed both in respect of Vodafone’s customer database and – more broadly – with regard to prospective users of electronic communications services.
More specifically, one of the most worrying findings of the investigations was the use of fake telephone numbers or numbers that were not registered with the ROC (i.e. the National Consolidated Registry of Communication Operators) in order to place the marketing calls. This practice is under Vodafone’s own spotlight and is seemingly related to a shady set of unauthorised call centres that carry out telemarketing activities in utter disregard of personal data protection legislation.
Additional violations could be established as for the handling of contact lists purchased from external providers. Those lists had been obtained by Vodafone business partners from other companies and had been transferred to Vodafone without the users’ required free, informed, and specific consent.
Customer resource management security measures were also found to be inadequate. In this respect, several complaints and alerts had been submitted to the Garante by customers who had been contacted by operators purporting to be acting on Vodafone’s behalf and requesting IDs to be sent to them via WhatsApp – quite likely for purposes related to spamming, phishing or other fraudulent activities.
Taking account of the infringements found in the course of the proceeding, the Italian Garante imposed a fine amounting to Euro 12,251,601.00.
Further, the Garante ordered Vodafone to implement systems to demonstrate that processing for telemarketing purposes complies with consent requirements. Vodafone will be required additionally to provide proof that contractual arrangements are activated only following telemarketing calls placed by their own sales network through numbers that are registered with the ROC. Stronger security measures will have to be implemented by the company to prevent unauthorised accesses to the customer database, and the company was also ordered to reply in full to certain data subject rights requests.
Finally, the Garante banned Vodafone from further processing data for marketing or commercial purposes where such data are acquired from third parties that have not obtained the users’ free, specific, and informed consent to data disclosure.
For further information, please contact the Italian SA: ufficiostampa@gpdp.it
NONorwegian DPA fines Odin Flissenter for performing a credit check of a sole proprietorship without having a lawful basis for the processing
The Norwegian Data Protection Authority has issued Odin Flissenter AS (Tile distributor) an administrative fine of EUR 13 905 (NOK 150 000) for performing a credit check of a sole proprietorship without having a lawful basis for the processing.
The background of the fine was a person filing a complaint that Odin Flissenter had performed a credit check of a sole proprietorship that did not have a customer relationship or any other connection to the company.
The amount of the fine has been somewhat reduced compared to the notification to impose an administrative fine, because of the economic consequences that Covid-19 has had on the company.
Credit information about a sole proprietorship is regarded as personal data, as the owner is directly identified with the enterprise, and this is directly linked to the owner’s private economy.
Credit check ratings are built upon a compilation of personal data from several different sources, and shows a score that states the probability that a person or a sole proprietorship will be able to pay for oneself. The credit rating will also show details about the economy of the enterprise, such as payment remarks, voluntary security (for costs), and debt-to-equity ratio.
In our evaluation of the case, we have emphasized the private character of the personal data, seeing that the data is closely linked to the private economy of the owner, and that the complainant’s privacy protection weighs heavily when this kind of personal data is being processed. We have further emphasized that the data also has been collected for purposes completely outside of the company’s line of business.
ltLithuanian DPA imposes fine for improperly processed personal data of the parents of an adopted child
The State Data Protection Inspectorate – personal data protection supervisory authority of the Republic of Lithuania has punished Vilnius City Municipality Administration for infringements of the General Data Protection Regulation. A fine in the amount of EUR 15,000 has been imposed for improperly processed personal data of the parents of an adopted child.
The State Data Protection Inspectorate (hereinafter referred to as the “SDPI”) imposed an administrative fine in the amount of EUR 15,000 on Vilnius City Municipality Administration (hereinafter referred to as the “Municipality Administration”) for infringements of the General Data Protection Regulation (hereinafter referred to as the “GDPR”). The fine was imposed for infringements of Articles 5(1)(d) and 5(1)(f) of the GDPR, i.e. a failure to implement appropriate technical and organisational measures, thus, failing to ensure the accuracy of processed personal data when processing personal data of the parents of the adopted child.
Having carried out an investigation, the SDPI has determined that when filling in an application for education of the adopted child in the Centralised Application Submission and Population Information System (hereinafter referred to as the “IS”) of the Municipality Administration, the applicant indicated his data; nevertheless, according to the agreement between the Municipality Administration and the State Enterprise Centre of Registers providing for that the data in the IS shall be automatically updated on a monthly basis, when the data in the IS was automatically updated, the contact personal data of the applicant was updated and replaced with the contact data (e-mail address) of one of the biological parents of the child available in the Population Register of the Republic of Lithuania (hereinafter referred to as the “Population Register”).
When processing personal data, the Municipality Administration must follow the principle of accuracy which provides for that the data must be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (Article 5(1)(d) of the GDPR), and the principle of integrity and confidentiality providing for that personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (Article 5(1)(f) of the GDPR).
The SDPI in its decision whereby a fine was imposed on the Municipality Administration has pointed out that, in a particular case, such contact personal data as e-mail address irrespective of whether it is indicated in the Population Register or not and, if such data is indicated in the Population Register, such data may at any time be changed by the person and only the data subject should change it and the data controller should not arbitrarily update the data on the basis of information available at the State Enterprise Centre of Registers. Even more so, in this case, there were no grounds for concluding that after update of data, namely the contact data of the applicant has been obtained from the Population Register, since data was updated not even on the basis of the applicant’s data indicated in the State Enterprise Centre of Registers but on the data of the child although it is not the child but the applicant who is a party to the education agreement. Thus, when processing the e-mail address of the third party (one of the biological parents of the child) as the contact data of the applicant, the Municipality Administration has failed to implement appropriate organisational and technical measures; thus, failing to ensure the principle of accuracy of processed personal data and breached Articles 5(1)(d) and 5(1)(f) of the GDPR.
When deciding on the amount of the administrative fine, the SDPI has considered all circumstances relevant to holding the Municipality Administration liable, for example:
- Although, in the case in question, the infringement committed by the Municipality Administration is attributed to individuals (applicants), it is not accidental and would have occurred for any person in the same circumstances due to the technical and organisational measures improperly applied by the Municipality Administration in processing of personal data;
- Data concerning adoption of the child which is particularly sensitive data and his further education has been disclosed;
- The infringement has been committed through negligence;
- The Municipality Administration repeatedly committed the infringement; in 2019 a reprimand was imposed on the Municipality Administration for a similar infringement (improper implementation of organisational and technical measures failing to ensure the principle of accuracy of personal data when processing personal data of the adopted child in the IS of the Municipality Administration).
When imposing the fine on the Municipality Administration, the amount of the budget of the current year and other comprehensive annual income received last year was also taken into account.
The afore-mentioned decision of the SDPI is not effective and may be appealed against to the court.
For further information, please contact the Lithuanian supervisory authority: ada@ada.lt
NONorwegian Data Protection Authority: Decision to Fine Bergen Municipality
The Norwegian Data Protection Authority has given Bergen municipality a final decision on an administrative fine of approximately EUR 276,000 (3 million NOK). Personal information in the communication system between school and home was not secure enough.
In October 2019, the Data Protection Authority was notified of a personal data breach by Bergen Municipality regarding the municipality's new tool for communication between school and home. Vigilo contains a module where school and parents can communicate via a portal or app. The municipality had not established nor communicated the necessary guidelines to secure the personal information of children and parents with a confidential address before the tool was put to use.
This spring, the municipality was notified of the Data Protection Authority's intention to impose an administrative fine, and now the fine has been made final.
- Bergen municipality has now received the final decision of an administrative fine of EUR 276,000, says Data Protection Authority Director-General Bjørn Erik Thon. The fee was imposed because the municipality had not implemented technical and organizational measures to achieve an adequate level of security, and for not having ensured confidentiality and integrity.
Danger to life and health
The decision emphasized that the municipality had not established nor communicated the necessary guidelines for information about children who have a clear interest in the information about them being processed with the highest degree of confidentiality.
- This applies to children who have registered a confidential or strictly confidential address in the National Register and who belong to a particularly vulnerable group. These children have a high need for protection, and in the extreme, life and health could have been in danger, says Thon.
Personal information that should have been confidential has instead been available to unauthorized persons. In one case, a contact list with information about "confidential address" was distributed to parents at a grade level.
- The risk assessments were inadequate. Among other things, there was no assessment of risk associated with information about relationships between parents and children, Thon emphasizes.
You can read the original press release on the Norwegian DPA website in English here, and in Norwegian here.
Guidance to Vigilo regarding applicable obligations
Earlier this autumn, the Norwegian Data Protection Authority decided on an administrative fee for Bergen municipality because personal information in the communication system between school and home was not adequately secured. We have now given guidance to Vigilo that they too must take responsibility for the communication failure between the company and the municipality.
Bergen Municipality was fined NOK 3 million for breaches of personal data security due to poor routines for processing addresses where confidentiality is necessary (confidential address). The Norwegian Data Protection Authority has pointed out to Vigilo that those who process data have a duty under the GDPR to assist the municipality in ensuring compliance with the data processing agreement between the parties.
- As we see it, there has been a significant communication failure between Bergen municipality and Vigilo. We are also critical of the fact that the chat functionality that was made available was not part of the agreement between the municipality and Vigilo. This indicates poor communication between the parties for which Vigilo must bear the main responsibility, says Head of section Camilla Nervik.
To read the update in Norwegian, click here
beThe Belgian Data Protection Authority has issued a warning and reprimand to a regional public environmental institution for wrongful processing of personal data from the National Register.
Three Belgian plaintiffs had lodged a complaint with the Belgian Data Protection Authority against a regional public environmental institution. This institution has the competence to take action in the case of a breach against environmental legislation, for example in the case of littering. The institution could for example fine a citizen when it finds unlawfully placed garbage containing letters with the name of that citizen. Such a fine had been issued to the first plaintiff.
However, in the decision imposing the fine, the institution also referred to the civil partner of the first plaintiff, and the alleged father-in-law of the first plaintiff. The institution found the name of and the link to the civil partner (the second plaintiff) in the National Register of the first plaintiff. The alleged father-in-law (the third plaintiff) had communications with the institution in order to defend the first plaintiff in the environmental procedure initiated by the institution. The institution had concluded in its decision, based on the family name of the second and the third plaintiff, that there was a family connection between the two.
The Litigation Chamber of the Belgian DPA upheld, among other things, that:
- the mentioning of the name of the second plaintiff, its link to the first plaintiff, as well as the alleged family link between the second and the third plaintiff, based on information retrieved from the National Register, constitutes unlawful processing (article 6.1 GDPR), as the legal ground for the processing activities in this specific context is deemed to be carrying out a task in the public interest (article 6.1.e. GDPR), and this processing in concreto was not necessary to carry out the task (environmental enforcement in a decision to impose a fine to the first plaintiff) in the public interest;
- the mentioning that there is a family connection between the second and the third plaintiff could be incorrect, and is based on assumptions not necessary to mention in a decision by the institution in this concrete context, which means the personal data of all plaintiffs is not processed in accordance with the principles of accuracy and data minimisation (resp. article 5.1.d. and article 5.1.c. GDPR.), which means the institution breaches these GDPR-provisions.
The Litigation Chamber issued a warning and reprimand to the institution in accordance with article 58.2.a. and 58.2.b GDPR.
To be conclusive, it can be mentioned that the Litigation Chamber of the Belgian DPA cannot impose an administrative fine to a Belgian public institution or any other government body, as this was excluded by the Belgian legislator
You can find the final decision in Dutch here.
For further information, please contact the Belgian DPA: contact@apd-gba.be
deHamburg Commissioner Fines H&M 35.3 Million Euro for Data Protection Violations in Service Centre
The Hamburg Commissioner for Data Protection and Freedom of Information imposes a 35.3 Million Euro Fine for Data Protection Violations in H&M's Service Center
In a case concerning the monitoring of several hundred employees of the H&M Service Center in Nuremberg by its management, the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) has issued a fine of 35,258,707.95 Euros against H&M Hennes & Mauritz Online Shop A.B. & Co KG.
The company is registered in Hamburg and operates a service center in Nuremberg. Since at least 2014, parts of the workforce have been subject to extensive recording of details about their private lives. Corresponding notes were permanently stored on a network drive. After absences such as vacations and sick leave - even short absences - the supervising team leaders conducted so-called Welcome Back Talks with their employees. After these talks, in many cases not only the employees' concrete vacation experiences were recorded, but also symptoms of illness and diagnoses. In addition, some supervisors acquired a broad knowledge of their employees' private lives through personal and floor talks, ranging from rather harmless details to family issues and religious beliefs. Some of this knowledge was recorded, digitally stored and partly readable by up to 50 other managers throughout the company. The recordings were sometimes made with a high level of detail and recorded over greater periods of time documenting the development of these issues. In addition to a meticulous evaluation of individual work performance, the data collected in this way was used, among other things, to obtain a detailed profile of employees for measures and decisions regarding their employment. The combination of collecting details about their private lives and the recording of their activities led to a particularly intensive encroachment on employees’ civil rights.
This data collection was made known by the fact that the data became accessible company-wide for several hours in October 2019 due to a configuration error. After the Hamburg Commissioner for Data Protection and Freedom of Information was informed about the data collection through press reports, he first ordered the contents of the network drive to be "frozen" and then demanded it to be handed over. The company complied and submitted a data record of around 60 gigabytes for evaluation. Interrogations of numerous witnesses confirmed the documented practices after analyzing the data.
The discovery of the serious violations has prompted those responsible to take various corrective measures. The HmbBfDI was presented with a comprehensive concept how data protection is to be implemented at the Nuremberg site from now on. In order to come to terms with the past events, the company management has not only expressly apologized to those affected, it has also followed the suggestion to pay the employees a considerable compensation. This is an unprecedented acknowledgement of corporate responsibility following a data protection incident. Further elements of the newly introduced data protection concept include a newly appointed data protection coordinator, monthly data protection status updates, increasingly communicated whistleblower protection and a consistent concept for dealing with data subjects’ rights of access.
Prof. Dr. Johannes Caspar, Hamburg's Commissioner for Data Protection and Freedom of Information, comments: "This case documents a serious disregard for employee data protection at the H&M site in Nuremberg. The amount of the fine imposed is therefore adequate and effective to deter companies
from violating the privacy of their employees.
Management's efforts to compensate those affected on site and to restore confidence in the company as an employer have to be seen expressly positively. The transparent information provided by those responsible and the guarantee of financial compensation certainly show the intention to give the employees the respect and appreciation they deserve as dependent workers in their daily work for their company.
For more information, you can go The Hamburg Commissioner for Data Protection and Freedom of Information website here, or email them at mailbox@datenschutz.hamburg.de.
fiFinnish DPA imposes financial sanction on a company due to carrying out electronic direct marketing without prior consent as well as neglecting the rights of the data subject
Financial sanction on a company due to carrying out electronic direct marketing without prior consent as well as neglecting the rights of the data subject
The sanctions board of the Finnish Data Protection Ombudsman has imposed an administrative fine on Acc Consulting Varsinais-Suomi (Independent Consulting Oy) for sending electronic direct marketing messages without prior consent as well as neglecting the rights of the data subject. The company did not respond to or implement the requests concerning the rights of data subjects, and it was not able to prove that it had processed personal data legally.
During the spring and summer of 2019, the Office of the Data Protection Ombudsman received eleven complaints on the electronic direct marketing of the company and the company neglecting the rights of the data subject in accordance with the General Data Protection Regulation (GDPR). The topics of direct marketing included various courses, such as hot work and asbestos removal.
Reprimand for the lack of consent for electronic direct marketing
In the complaints, the data subjects reported that they had received direct marketing messages from the company without consenting to it. According to section 200 of the Information Society Code (917/2014), direct marketing may only be directed at natural persons who have given their prior consent. According to Article 4(11) of the EU General Data Protection Regulation (GDPR), the consent must be a freely given, specific, informed and unambiguous indication of the data subject's wishes.
Some of the data subjects have responded to the marketing message sent as an SMS as requested by the controller in order to prohibit direct marketing. Despite the prohibition, the data subjects have still received direct marketing messages from the controller. Therefore, the controller has failed to implement the data subjects’ right to object in accordance with the GDPR.
In the controller’s view, it has targeted the electronic direct marketing at corporations, to which prior consent does not apply according to the Information Society Act. The controller has stated that the telephone numbers of data subjects were used by the company, in which the data subject works, and that these companies are within the scope of the controllers’ customer segment.
However, the Deputy Data Protection Ombudsman states that before targeting the direct marketing, the controller should have separately determined the position of the person in question in the corporation and assessed especially whether the marketed courses were significantly linked to the person’s duties. Therefore, the direct marketing by the controller targeted at natural persons cannot be considered to be intended for a corporation, and the controller should have requested the consent of the data subject for the electronic direct marketing.
The controller has been given a reprimand after it processed personal data without the consent required by the GDPR. In addition, the Deputy Data Protection Ombudsman obliges the controller to correct its operating methods with regard to direct marketing targeted at corporations.
Neglecting the rights of the data subject and failure to comply with accountability
In addition, in some of the complaints, the data subjects had made requests concerning their rights in accordance with the GDPR. However, the controller did not respond to the requests without undue delay and within one month of receiving the request at maximum, as required by the GDPR. The controller has not implemented any requests related to these rights, either.
According to the Deputy Data Protection Ombudsman, the controller does not seem to have organised its operating methods in processing personal data in such a way that the controller would be able to tell if it has implemented the rights of the data subjects or received requests related to the rights. The Deputy Data Protection Ombudsman states that as a result, the controller was not able to prove that it had processed personal data legally.
The Deputy Data Protection Ombudsman gave the company a reprimand for neglecting the rights of the data subject and failing to implement them. The Deputy Data Protection Ombudsman also ordered the company to change its operating methods and implement the rights of the data subject in accordance with the GDPR.
A financial sanction was imposed on the company
The sanctions board of the Office of the Data Protection Ombudsman imposed a financial sanction of EUR 7,000 in addition to the corrective measures mentioned above. The sanctions board considers the sanction to be proportionate and function as an effective deterrent with regard to the nature of the offences.
The intentional nature of the act, the number of similar offences over a short period of time, the disinterest of the controller in cooperating with the supervisory authority and the fact that the controller has not demonstrated that it has implemented corrective measures with regard to direct marketing and the realisation of the rights of the data subjects while the matter is being resolved have been taken into account as aggravating factors in the decision.
As a mitigating factor for the amount of the financial sanction, it has been taken into account that during the preparation of the case, it has not been found that the data subjects would have suffered financial or other material damage.
The decisions of the Deputy Data Protection Ombudsman and sanctions board are not yet final and are open to appeal in the administrative court.
You can read the decision of the sanctions board on electronic direct marketing and the rights of the data subject in accordance with the GDPR in Finlex (in Finnish) here.
You can read the decisions of the Deputy Data Protection Ombudsman are published in Finlex (in Finnish) here.
The decision-making of the sanctions board and legal protection of controllers are provided for in the Finnish Data Protection Act. The sanctions board is made up of the Data Protection Ombudsman and two Deputy Data Protection Ombudsmen, and it has the power to impose administrative fines for violations of data protection legislation. The maximum amount of the administrative fine is four percent of the company’s turnover or EUR 20 million.
For further information, please contact the Finnish DPA: tietosuoja@om.fi
NONorwegian DPA: Decision to fine The Norwegian Public Roads Administration
The Norwegian Data Protection Authority has issued the Norwegian Public Roads Administration a fine of 37,400 EUR (400 000 NOK) for processing personal data for purposes that were incompatible with the originally stated purposes, and for not erasing video recordings after 7 days.
The background of the fine is the extensive processing of personal data by using fixed road cameras to monitor contract parties, employees, subvendors and the subvendors’ employees.
The usage of such photos for documenting breaches of contract several months after the incidents took place, is incompatible with the original purpose, which was to make possible immediate security measures. It is therefore not allowed to use these video recordings to follow up contracts.
When evaluating whether this usage of the video recordings was compatible with the originally stated purpose, the Norwegian Data Protection Authority has emphasized that the new usage is at considerable disadvantage to the contract parties and its employees, and that it is in conflict with how the contract parties can expect the personal data to be used.
You can read the origional press release on the Norwegian DPA's website in English here, and in Norwegian here.
plPolish DPA fines Warsaw University of Life Sciences (SGGW)
The President of the Personal Data Protection Office, after having found a personal data breach by the Warsaw University of Life Sciences (SGGW), imposed a fine on this entity in the amount of PLN 50 000.
Let us remind you that in November 2019 the President of the UODO received a notification of breach of personal data of candidates for studies at SGGW. The notification was related to the theft of a portable private computer of the university employee, who used this device also for business purposes, including the processing of personal data of candidates for studies at SGGW for the purposes of recruitment activities. After an inspection carried out at the university in connection with a data breach, the President of the UODO instituted ex officio administrative proceedings.
On the basis of the evidence collected during the proceedings, the President of the UODO imposed an administrative fine on the university. In deciding on the amount of the fine, the supervisory authority took into account that the personal data breach concerned candidates for studies at SGGW for the last five years, covered a wide range of data and that the number of persons affected could be up to 100 (upper limit). It was also important for establishing the amount of the fine that the controller had no knowledge of the processing of personal data on the employee’s private computer, nor did it control the processing of data by failing to verify on which media the personal data of candidates for studies collected from the IT system were processed and by failing to record this operation in the IT system. The above circumstances indicate a breach of the principle of confidentiality and accountability specified in the GDPR.
It is worth noting that the personal data of candidates for studies from five years of recruitment were processed, which was non-compliant with the prescribed period of storage of personal data of candidates for studies, which was specified in SGGW as three months after completion of the recruitment process. This constitutes a breach of the principle of storage limitation provided for in the GDPR.
Moreover, in the course of the conducted proceedings it was established that the university had not implemented appropriate organisational and technical measures to ensure the security of the processing of personal data of candidates for studies.
It is the controller’s obligation to implement appropriate technical and organisational measures to ensure the security of the data processed. They should be reviewed and updated on an ongoing basis to existing legislation and changing technology. It should be noted here that the establishment of appropriate technical and organisational measures is a two-step process. First of all, it is important to identify the level of risk associated with the processing of personal data. Then it is necessary to establish which technical and organisational measures will be appropriate to ensure a level of security appropriate to this risk. Those arrangements should include measures such as the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, and a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
In the opinion of the supervisory authority, the measures taken by the university including the processing of data of candidates for studies were insufficient.
At the same time, the President of the UODO stated that in the case concerned the Data Protection Officer (DPO) performed its tasks without having due regard to the risk associated with processing operations. The appointed Data Protection Officer was not involved by the university in the recruitment process for studies covering the functioning of the IT system intended for this activity. The involvement of a DPO could reduce the risk of inappropriate processing.
When imposing a fine, the President of the UODO took into account attenuating circumstances, such as: good cooperation with the supervisory authority both in the course of the inspection and during the administrative proceedings, taking action by the university to remedy the infringement and ensure security in the processing of data in the future.
To read the press release is Polish, click here.
To read the full decision in Polish, click here.
For further information, please contact the Polish SA: http://kancelaria@uodo.gov.pl
huHungarian DPA Fines Forbes
The Nemzeti Adatvédelmi és Információszabadság Hatóság (Hungarian National Authority for Data Protection and Freedom of Information, hereinafter: Authority) imposed a total of 4.5 million forints in data protection fines on Mediarey Hungary Services Zrt. (hereinafter: Publisher), the publisher of the Hungarian Forbes magazine in two cases.
NAIH/2020/1154
The Authority established in its decision No. NAIH/2020/1154/9 of 23 July 2020 that by not carrying out proper interest assessment in relation to the printed and the on-line versions of the Forbes publication containing the largest family undertakings published in September 2019 and the printed and the on-line versions of the Forbes publication containing the 50 richest Hungarians published in January 2020, and by failing to inform the Complainants (the data subjects) in advance about the results of comparing the legitimate interests of its own and of a third party (the public) and of the Complainants, the Publisher infringed Article 6(1)(f) of the General Data Protection Regulation.
Furthermore, the Authority established that by not providing adequate information to the Complainants about all the essential circumstances of data processing and of the right of the Complainants to object to the processing of their personal data, and by failing to provide information on the possibilities of the Complainants to enforce their rights in its response to the requests of Complainants to exercise their rights as data subjects , the Publisher infringed Article 5(1)(a), Article 5(2), Article 12(1) and (4), Article 14, Article 15 and Article 21(4) of the General Data Protection Regulation.
NAIH/2020/838
The Authority established in its decision No. NAIH/2020/838/2 of 23 July 2020 that by not carrying out proper interest assessment in relation to the printed and the on-line versions of the Forbes publication containing the largest family undertakings published in January 2019 and the printed and the on-line versions of the Forbes publication containing the 50 richest Hungarians published in September 2019 and by failing to inform the Complainants (the data subjects) of the results of comparing the legitimate interests of its own and of a third party (the public) and of the Complainants, the Publisher infringed Article 6(1)(f) of the General Data Protection Regulation.
Furthermore, the Authority established that by not providing adequate information on all the essential circumstances of processing to the Complainants and about the Complainants rights to object to the processing of their personal data and in spite of the information it learned it failed to demonstrate after the objection that the data processing was justified by legitimate reasons of compelling force overriding the interests, rights and freedoms of the Complainants and in its responses to the Complainants’ requests aimed at exercising their rights as data subjects, the Publisher infringed Article 5(1)(a), Article 5(2), Article 12(1) and (4), Article 14 and Article 21(1) and (4) of the General Data Protection Regulation.
Because of the infringements established, the Authority reprimanded the Publisher in both cases and at the same time ordered it
- to meet its obligation to provide information to the Complainants in relation to the data processing, including information concerning the interests of the Publisher, as well as of Complainants considered in the course of interest assessment and the result of the interest assessment, the information on the right to object and the information concerning possibilities of the enforcement of rights;
- to carry out the interest assessment including the second individual interest assessment following the objection in accordance with the legal regulations and these decisions, if in the course of data processing envisaged in the future, the Publisher intends to use legitimate interest as the legal basis;
- to modify its practices related to providing information in advance in accordance with the legal regulations in force and the provisions of these decisions.
Because of the established infringements, the Authority imposed a data protection fine of 2 million forints in its decision NAIH/2020/1154/9 and 2.5 million forints in its decision NAIH/2020/838/2 on the Publisher.
The reason for the difference in the amounts of the fines is that despite the fact that the Publisher was aware of the specific circumstances of the Complainants in the case constituting the subject matter of decision NAIH/2020/838/2, the Publisher failed to carry out an individual interest assessment, the result of which would have demonstrated that data processing was justified by legitimate reasons of compelling force overriding the interests, rights and freedoms of the Complainants even after the objection by the Complainants.
The Authority did not arrive at a position that it was not at all possible to make lists of businessmen and companies and reports on them in this form. Forbes may compile lists on the basis of business data accessible to the public, but the publication of the lists is subject to the stringent requirements of the General Data Protection Regulation and the Publisher as controller must comply with these requirements.
The Authority supports the practice present also in the Hungarian market, according to which the various rich lists or publications listing the richest Hungarians do not in all cases include the name of the data subject and/or an entry on the data subject provided that it has sufficiently grounded reasons, and they display a single letter instead of the full name, and minimal information instead of the entry presenting the activities of the data subject (e.g. the name of the given industry, the magnitude of the assets associated with the data subject) following the well-grounded objection by the data subject.
A petition for review was submitted to the Fővárosi Törvényszék (Budapest Tribunal) by the Publisher against decision NAIH/2020/838/2 and by both parties against decision NAIH/2020/1154/9.
You can read the origional press release on the Hungarian DPA website here.
For more information, please contact the Huganian DPA here: privacy@naih.hu
plPolish DPA imposes 100 000 PLN fine on the Surveyor General of Poland
Infringement of the principle of lawfulness of personal data processing and making intentionally available without a legal basis on the GEOPORTAL2 (geoportal.gov.pl) of personal data in the form of land register numbers obtained from the land and property registers are the reason for imposing an administrative fine in the amount of PLN 100 000 on the Surveyor General of Poland (GGK).
Moreover, GGK must adapt the processing of personal data to the provisions of the GDPR by discontinuing making available on the GEOPORTAL2 portal (www.geoportal.gov.pl) of personal data in the scope of land register numbers obtained from the land and property registers (kept by the starostes).
The President of the UODO decided to carry out inspection activities at the Surveyor General of Poland at the beginning of March 2020. However, GGK prevented the possibility of examining the legality of publishing information on the land registers number on GEOPORTAL2. In the course of the inspection, it made available only documentation specifying the organisational measures applied to ensure the data security and the evidence proving the appointment of the Data Protection Officer. As a result, the President of the UODO imposed an administrative fine on GGK (https://uodo.gov.pl/en/553/1146). However, despite the refusal to carry out an inspection, GGK gave testimony which served as evidence in the present proceedings.
According to the testimony submitted, GGK publishes information obtained from land and property registers (including land register numbers) from 90 poviat starosties only on the basis of agreements concluded with them.
In accordance with Article 5(1)(a) of the GDPR, personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject. The data is processed lawfully only in cases where at least one of the conditions indicated in Art. 6 GDPR is met.
In the course of the proceedings, GGK did not indicate a provision of law which would constitute the legal basis for its activity. Moreover, none of the legal provisions governing matters related to the activities of the Surveyor General of Polandallows it to make available data obtained from the starosties within the framework of GEOPORTAL2. In the opinion of the President of the UODO, the Surveyor General of Poland, aware of the lack of a clear legal basis for the processing of land registers numbers, concluded agreements with the starostes on the basis of which it obtained information from the land and property registers (including land registers numbers) kept by the starostes for the purpose of their publication on GEOPORTAL2. The supervisory authority considered that these agreements concerned the creation and maintenance of common elements of the technical infrastructure intended to store and make available certain data filing systems, but did not constitute a legal basis for making available the data, including land register numbers. Such a basis must result from commonly binding legal provisions.
Having regard to the above, the President of the UODO considered that personal data were made available in the form of land register numbers on GEOPORTAL2 without a legal basis. Such action results in infringement of Article 5(1)(a) and Article 6(1) of the GDPR. The doctrine of law represents the view that making personal data available from public fling systems in the absence of a clear legal basis relating to the operation of making personal data available is unlawful.
In this case, it is undeniable that the land register numbers processed on www.geoportal.gov.pl constitute personal data. According to the GDPR, ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The scope of data disclosed in the land register of natural persons includes, among others, names, surnames, parents’ names, PESEL number (personal identification number), property address. The publication of such data allows the identification of the person whose data is contained in the land register. By publishing land register numbers on Geoportal2, access to the information contained in them can be obtained by any interested Internet user. This type of situation may expose a very large number of people (data subjects) to theft of their identity.
When imposing a fine, the supervisory authority took into account not only the severity of the infringement, its nature and duration, but also the intentional character of the action.
This press release can be seen as a follow up to an article previously posted here on the EDPB website.
plPolish DPA imposes a Penalty of a Reprimand for the Processing of Students’ Personal Data
The President of the Personal Data Protection Office (UODO) imposed a penalty of a reprimand for the processing of students’ personal data without legal basis in connection with survey carried out by a school in the school year 2019/2020. The survey entitled “Diagnosis of student’s home and school situation” examined personal situation of students.
In connection with the survey, the school processed personal data of students, including minors, in particular names and surnames, attended class, indication of legal guardians (parents), family status (single parent, full family), information about death of a legal guardian (parent), separation of legal guardians (parents), their education and professional situation, the number of people in the household, financial situation, health condition and addictions of legal guardians (parents), housing situation and information on social benefits.
The processing of students’ personal data included collection, storage and destruction of those data.
In the course of the UODO’s inspection it was established that the survey was conducted to identify students who require psychological support from the school they attend. The survey was carried out by class teachers in classes 7-8 of elementary school and in high school classes. It was conducted in the form of in blanco paper forms on direct instruction from school principal.
All returned copies of the survey were destroyed by an official commission. According to the findings of the inspection, personal data included in the surveys were not entered into electronic telecommunication systems, were not recorded on electronic data carriers or other information carriers, including in paper form. After collecting the surveys, the teachers did not make any scans or paper copies of them, nor did they make other additional documents containing personal data concerning the surveys. As of the date of the inspection, students' personal data obtained in connection with the surveys were no longer processed.
According to the evidence obtained as a result of the inspection, the surveys were conducted in a way that excludes the possibility of unauthorized disclosure of the data contained in them.
By conducting a survey among students, the school has violated the principle of lawfulness of data processing, according to which personal data must be processed lawfully, fairly and in a transparent manner for the data subject. The above principle has been developed in the content of Article 6(1)(c) of the GDPR, according to which the processing is lawful only if - and to the extent to which - the condition that the processing is necessary for compliance with a legal obligation to which the controller is subject is fulfilled.
The school, as a public entity, may process personal data within the scope of its tasks imposed by law. In turn, according to the Educational Law, schools process personal data to the extent necessary for the performance of the tasks and obligations arising from these regulations. The legal acts regulating the functioning of educational institutions do not specify such tasks and obligations of schools that would justify the processing of students' personal data in the way it was done in the penalised entity, in connection with the conducted survey.
The President of the UODO considered that, in the established circumstances of this case, a reprimand was sufficient. The unintended nature of the infringement was considered to be an attenuating circumstance. The school principal immediately took a number of corrective measures, such as: destruction of the survey forms or refraining from carrying out the survey by some teachers, organisation of training for staff to raise their awareness of personal data protection issues, and analysis of the incident of conducting the survey among students, given the risk to the rights and freedoms of natural persons. Moreover, on the basis of the circumstances of the present case, there are no grounds to consider that the data subjects have suffered damage as a result of the event. The President of the UODO has not received any signals that similar behaviours resulting in violations have taken place on the part of the school.
For further information, please contact the Polish SA: http://kancelaria@uodo.gov.pl
beBelgian DPA imposes €20.000 fine on Proximus for several data protection infringements
The Belgian DPA imposed a fine of 20,000 EUR on telecom operator Proximus for several data protection infringements during the processing of personal data for the purpose of publishing public telephone directories.
A Belgian citizen (the plaintiff) had requested Proximus, the publisher of a public directory, to retract the publication of his personal data in Proximus’ public directory, as well as the publication of the personal data in the directory of other publishers. Proximus, as publisher of its own public directory, had confirmed towards the plaintiff it would no longer publish the personal data, and would also inform other publishers of a public directory to not publish the personal data of the plaintiff. However, a few months later, the plaintiff discovered his personal data had not only been published in the directory of Proximus, but also in the ones of other publishers of a public directory. In its communication towards the plaintiff, Proximus also mentioned it had transferred the personal data of the plaintiff to other publishers of a public directory.
Background: lex specialis of the e-Privacy Directive
In Belgium, the consent for the publication in a public directory is given in accordance with the provisions of national telecommunications law. Those provisions are the national implementation of article 12 of the e-Privacy Directive. Although the e-Privacy Directive forms lex specialis vis-à-vis the GDPR (as lex generalis), as stated in article 95 GDPR, the provisions with regard to consent of the GDPR remain applicable as preconditions for lawful processing with regard to the consent in article 12 e-Privacy Directive .
- Proximus publishes its own public directory and must therefore be considered as a controller for several relevant processing activities. As such, it has a responsibility to align the withdrawing of the data subject’s consent with the actual processing activities. It is apparent that Proximus did not take the appropriate measures to ensure and be able to demonstrate that the personal data of the complainant was not unlawfully processed after the withdrawal of the consent. Thus, Proximus had not fulfilled its obligations (appropriately) as a controller, and therefore infringed article 6 GDPR read in conjunction with article 7 GDPR, as well as articles 24 and article 5.2 GDPR.
- Proximus did not provide the data subject with transparent information during and after the handling of his request, nor did it appropriately facilitate the exercise of his data subject rights, and therefore infringed article 12 and article 13 GDPR.
The Litigation Chamber decided not to pseudonymise the name of the defendant, as the publication of that identity was in the public interest.
NONorwegian DPA: Administrative fine for Rælingen municipality
Final decision, administrative fine for Rælingen municipality
The Norwegian Data Protection Authority has imposed an administrative fine of EUR 47,500 to Rælingen Municipality. The fine is imposed after data concerning health of children with special needs was processed using the digital learning platform Showbie.
- The case started when we received a notification of a personal data breach from the municipality. Upon further investigation of the case, it appeared that the level of security of the application was not proportionate with the risk, says Director-General of the Norwegian Data Protection Authority, Bjørn Erik Thon. – This is obviously a significant issue, as it has to do with both children and personal data concerning health.
Several infringements
The infringement affects 15 children with special needs. The application Showbie has been used to send health related personal data between the school and the homes of the children.
The necessary risk and data protection impact assessments and testing have not been completed before the application was put to use. Lack of security measures when logging in to the application has made it possible to obtain information about other children in the group.
After the breach notification, the municipality has pointed out that there is no indication that any of the children have actually been victim to material or non-material damage, but the Norwegian Data Protection Authority has not put emphasis on this in the consideration of the case. This is because we found that the infringement itself creates a risk, regardless of whether the risk actually manifests itself in a more concrete form of damage to the affected children or not.
The Norwegian Data Protection Authority has chosen to reduce the fine after an overall assessment, made on the basis of an inquiry from Rælingen municipality. An assessment was also made in relation to previous practice under the old law. The case has not been appealed, and the fee of EUR 47,500 is final.
You can read the origional press release in Norwegian here.
esSpanish Data Protection Authority (AEPD) imposes fine on company for not complying with advertisement exclusion
The Spanish Data Protection Authority (AEPD) imposed a fine of 1.200 EUR on a company for calling the data subject, offering them a deal on hotels, while they were included in an advertisement exclusion system. By joining this system, the data subject exercised their right to object to processing for marketing purposes under Article 21 GDPR. However, the company did not comply with its obligation of consulting the advertisement exclusion system before making a telephone call with marketing purposes in order to avoid processing their personal data.
The data subject received a call from the data controller’s number, stating that a friend of them had provided the company with their telephone number so that they offer them a hotel voucher, naming other friends of theirs and declaring that they had joined the promotion.
The AEPD considered that this constitutes a breach of Article 48(1)(b) of the Spanish Law 9/2014 General Telecommunications.
You can read the text of the decision in Spanish here.
esSpanish Data Protection Authority (AEPD) imposes fine of 75.000 EUR on VODAFONE ESPAÑA
The Spanish Data Protection Authority (AEPD) imposed a fine of 75.000 EUR on VODAFONE ESPAÑA for processing the claimant’s telephone number for marketing purposes after they had exercised their right to erasure in 2015, in spite of what the data subject was sent advertising SMS. The controller stated that the claimant number, being easy to remember, had been used as a “dummy number” by its employees.
The AEPD considered that VODAFONE ESPAÑA violated Article 6(1) of the GDPR, by processing the claimant's personal data without any lawful basis.
esSpanish Data Protection Authority (AEPD) imposes fine of 70.000 EUR on XFERA MOVILES
The Spanish Data Protection Authority (AEPD) imposed a fine of 70.000 EUR on XFERA MOVILES for disclosing a customer’s personal data to a third party.
The claimant was informed by another customer of Masmovil that, because of a company’s mistake, they had been charged with a claimant’s bill, and thus had access to their personal data (name, surname ID card number, and personal phone number).
The AEPD considered that this constitutes a breach of the principle of confidentiality, established in Article 5(1)(f) of the GDPR.
You can read the text of the decision here.
dkDanish DPA Fines PrivatBo
In 2018, the Danish company PrivatBo assisted a housing fund with an intended sale of three properties. On that occasion, PrivatBo provided material for the properties in question, which was distributed to the occupants of the properties on a total of 424 USB keys. However, PrivatBo was not aware that some of the documents contained personal information of a confidential nature which should not have been disclosed.
The Danish Data Protection Agency assessed the case and found that PrivatBo has not complied with the requirements of Article 32 of the Data Protection Regulation to implement appropriate technical and organizational security measures. Based on the nature of the case, the Danish DPA has therefore chosen to report PrivatBo to the police for the unintentional disclosure of personal information and proposed a fine of DKK 150.000.
You can read the full press release in Danish below or on the Danish DPA website here.
For further information, please contact the Danish SA: dt@datatilsynet.dk
Datatilsynet indstiller PrivatBo til bøde
PrivatBo er blevet anmeldt til politiet, da Datatilsynet vurderer, at administrationsselskabet ikke har levet op til kravene om et passende sikkerhedsniveau i databeskyttelsesforordningen (GDPR).
I 2018 bistod PrivatBo – som administrationsselskab – en boligfond med et påtænkt salg af tre ejendomme. PrivatBo tilvejebragte i den anledning materiale til de omhandlede ejendomme, som blev uddelt til beboerne i de pågældende ejendomme på i alt 424 USB-nøgler. PrivatBo var imidlertid ikke opmærksom på, at der for en del af de udleverede lejekontrakter var knyttet dokumenter, som indeholdt personoplysninger af fortrolig karakter, og som ikke burde have været videregivet.
”I en sag som den pågældende er det vores vurdering, at PrivatBo som minimum burde have gennemgået tilbudsmaterialet, før det blev udleveret til andre. Vi hæfter os i den forbindelse særligt ved, at der var risiko for at videregive oplysninger af fortrolig karakter til bl.a. naboer, og at dette kunne indebære et betydeligt ubehag for de pågældende lejere, herunder for tab af omdømme,” siger Frederik Viksøe Siegumfeldt, kontorchef for tilsynsenheden i Datatilsynet, og tilføjer:
”Helt generelt er det sådan, at når man som virksomhed behandler folks personoplysninger, har man også et ansvar for at sikre, at de ikke kommer til uvedkommendes kendskab. I dette tilfælde mener vi ikke, PrivatBo har gjort nok for at undgå, at personoplysningerne blev videregivet.”
Datatilsynet har således vurderet, at PrivatBo ikke har levet op til kravene i databeskyttelsesforordningens artikel 32 om at gennemføre passende tekniske og organisatoriske sikkerhedsforanstaltninger. På baggrund af sagens karakter har tilsynet derfor valgt at politianmelde PrivatBo for den utilsigtede videregivelse af personoplysninger, der skete som led i udleveringen af de 424 USB-nøgler.
Datatilsynet har herudover fundet grundlag for at udtale alvorlig kritik af, at PrivatBo efterfølgende – i forbindelse med samme tilbudspligt – utilsigtet udleverede en oversigt over indestående deposita og forudbetalt leje, og i nogle tilfælde oplysninger om udlæg i deposita, fordelt på lejemålenes adresse til beboere i en anden ejendom end den, som var omfattet af den pågældende tilbudspligt. Den utilsigtede videregivelse af disse oplysninger skete til trods for, at PrivatBo havde antaget et eksternt revisionsselskab med henblik på at kvalitetssikre materialet.
nlNational Credit Register (BKR) fined for personal data access charges
The National Credit Register (BKR) in the Netherlands can no longer charge people who wish to access the personal data it holds on them. In addition, if data subjects wish to receive a copy of their data by post, the procedure must be simple, and they must be able to request a new copy after a reasonable period of time has passed. The BKR had created too many obstacles for people wishing to access their data. Under privacy legislation, this is not permitted. As a result, the Dutch Data Protection Authority (Dutch DPA) issued the BKR with a €830,000 fine.
The Dutch DPA received complaints from data subjects about the difficulties involved in accessing the data the BKR held on them. The Dutch DPA considered these complaints significant enough to warrant an investigation.
Accessing credit registration data
In the words of Dutch DPA chairman Aleid Wolfsen, ‘It is vital that people are able to access their credit registration data. A poor credit score can affect a person’s ability to take out a loan or mortgage. So it is important for people to be able to quickly and easily check what data of theirs is being processed and if this is being done in the proper manner.’
In May 2018 the BKR began charging a fee to data subjects for requesting access to their data in a digital format. Furthermore, although data subjects could obtain a paper copy of their data for free, this was only possible once a year. This situation was an infringement of privacy legislation, and led to the BKR being fined €830,000.
Following the Dutch DPA’s investigation, the BKR has modified its processes. Since April 2019 data subjects have been able to access their data for free. In addition, in March 2019 the BKR changed the number of times a year data subjects can receive a paper copy of their data by post.
The BKR has appealed the case in court, which means that the Dutch DPA’s decision about the fine is not yet final.
The Dutch version of this press release is available here.
For further information, please contact the Dutch DPA: https://autoriteitpersoonsgegevens.nl/nl
deBaden-Wuerttemberg State Commissioner imposes fine on AOK Baden-Wuerttemberg
Baden-Wuerttemberg State Commissioner for Data Protection and Freedom of Information imposes fine on AOK Baden-Wuerttemberg –
Effective data protection requires regular monitoring and adjustment
Due to an infringement of the obligations of secure data processing (article 32 of the European General Data Protection Regulation, GDPR), the Department of Fines of the Baden-Wuerttemberg State Commissioner for Data Protection and Freedom of Information (LfDI) has issued a fine of 1,240,000 € against the AOK Baden- Wuerttemberg. At the same time, the Department of Fines, in constructive collabora-tion with the AOK, also paved the way for an improvement of the technical and organ-isational measures for the protection of personal data at the AOK Baden- Wuerttemberg.
From 2015 to 2019, the AOK Baden-Wuerttemberg hosted raffles on different occa-sions. Within this context, the AOK collected the participants’ personal data, including contact details and health insurance affiliation. Inter alia, the AOK wished to use this data for advertisement purposes, provided that the participants had consented ac-cordingly. Through technical and organisational measures, which included internal guidelines and data protection trainings, among others, the AOK wanted to ensure that only data of raffle participants who had given their prior and valid consent would be used for advertisement purposes. These measures set by the AOK did not, how-ever, comply with legal requirements. The personal data of more than 500 raffle par-ticipants were therefore used for advertisement purposes without their consent. No insurance data was concerned.
The AOK Baden-Wuerttemberg discontinued all sales activities immediately after the allegation became known, in order to thoroughly check all procedures. In addition, the AOK created a task force for data protection in sales and made adjustments which concerned, in particular, internal procedures and control structures, besides the dec-larations of consent. Further measures are to be taken in close coordination with the LfDI.
Within the frame that article 83 (4) GDPR sets for fines, the comprehensive internal reviews and adjustments of the technical and organisational measures, as well as the constructive cooperation with the LfDI, spoke in the AOK’s favour. Thus, an increase in the protection level for personal data related to the AOK’s sales activities was achieved within a short amount of time. In the future, the AOK will continue and, if necessary, adjust, these improvements and additional control mechanisms, in ac-cordance with the specifications and recommendations set by the Baden-Wuerttemberg State Commissioner of Data Protection and Freedom of Information.
When assessing the fine, the Commissioner considered factors such as the size and the relevance of the AOK Baden-Wuerttemberg. He also paid special consideration to the AOK being a statutory health insurance and thus an important part of our health system, as the AOK has the statutory obligation to preserve, restore or improve the health of the insured persons. The GDPR requires fines to not only be effective and dissuasive, but also proportionate. Determining the amount of the fine, the Commis-sioner therefore had to ensure that the fulfilment of this statutory obligation would not be endangered. To this end, particular attention was paid to the challenges the AOK currently faces due to the Corona pandemic.
“Data security is an ongoing task”, the Baden-Wuerttemberg State Commissioner for Data Protection and Freedom of Information, Dr. Stefan Brink, stresses. “Technical and organisational measures need to be adjusted to the actual conditions on a regular basis, so as to ensure an appropriate level of protection in the long term.” In this con-text, great importance is regularly attached to ensuring conditions of data protection compliance, as well as to the good cooperation of controllers with the LfDI. Brink con-cludes, “Our aim is not to issue fines which are as high as possible, but rather to reach a data protection level which is as good and appropriate as possible.”
If you have any questions you can reach call the number +49 (0)711 615541-23. For further information about data protection and freedom of information on the web please visit www.baden-wuerttemberg.datenschutz.de or www.datenschutz.de.
The German version of this press release is available at www.baden-wuerttemberg.datenschutz.de.
itTelephone Operators: Italian SA Fines Wind EUR 17 million and Iliad EUR 0.8 million
Within the framework of the Italian SA’s enforcement activities regarding telephone operators, Wind Tre SpA was fined about EUR 17 million on July 9th on account of several instances of unlawful data processing that were mostly related to marketing. The Italian SA had already issued a prohibitory injunction against the company, on account of similar infringements that had occurred when the previous data protection law was in force.
The fine was imposed following complex investigations and inspections. Complaints were received from users against unsolicited marketing communications made without their consent via texting, emails, faxes, and automated phone calls. In several cases, the complainants had declared they had not been enabled to exercise their right to withdraw consent or object to the processing of their data for marketing purposes, partly on account of the inaccurate contact information provided in the information notices. In yet other cases, users’ personal data had been included in public phone listings despite the (at times reiterated) objections made by those users.
The investigation showed that the MyWind and My3 apps had been configured in such a way as to require the user to consent, on each access, to processing for various purposes including marketing, profiling, communication of data to third parties, data enrichment and geolocation; withdrawal of such consent was allowed after 24 hours.
Beyond these overarching flaws, the investigations by the Italian SA shed light on multifarious infringements affecting Wind Tre’s business partners. On account of those infringements, one such business partner was fined EUR 200,000 by the Italian SA and was banned from using the data its agents had collected and processed in the national territory without any consideration for data protection rules. This business partner had subcontracted – without relying on any legal instrument – whole sets of processing activities to call centres, which collected data in breach of the law.
The pleadings submitted by Wind Tre and the corrective measures implemented by the company, as also related to the centralised approach applying to marketing campaigns, were found inadequate by the Italian SA, which accordingly fined Wind Tre EUR 16,729,600 and prohibited any further processing of the data they had acquired without consent. The Italian SA also ordered the company to take technical and organisational measures to ensure effective oversight of their business partners, along with implementing procedures to respect users’ indications to be left alone.
During its 9 July meeting, the Italian SA also assessed the findings of the investigations regarding another phone operator, i.e. Iliad; in that case, shortcomings were detected under different respects, in particular concerning employees’ access to traffic data. Accordingly, the company was fined EUR 800,000.
Rome, 13 July 2020
You can find a link to the press release on the Italian DPA's offical webiste here.
Polish DPA fines non-public nursery and pre-school: Lack of cooperation with the supervisory authority
The President of the Personal Data Protection Office (UODO) imposed a fine of PLN 5 000 on an individual entrepreneur running a non-public nursery and pre-school.
Entrepreneur running a nursery and pre-school failed to provide the President of the UODO with access to personal data and other information necessary for the performance of its tasks - in this case for assessment whether the controller communicated a data breach to the data subject in accordance with the GDPR (Article 58(1)(e) of the GDPR).
The controller notified to the President of the UODO a personal data breach, which consisted in losing access to personal data stored in the run private nursery and pre-school.
Given the lack of information necessary to carry out an assessment of the notification, the supervisory authority sent three requests to the entrepreneur to submit relevant explanations. Two of them weren’t collected on time, one was collected personally by the fined entity itself. The entrepreneur failed to respond to the requests of the President of the UODO.
The obligation of an entrepreneur, that is an entity conducting professional business activity on the market, is to collect correspondence connected with the conducted activity. Course of action of the entrepreneur is incomprehensible, considering the fact that it notified a personal data breach to the President of the UODO and therefore should be expecting the DPA’s standpoint in this case.
It is worth emphasizing that the activity conducted by the fined entity included the processing of personal data relating to children, who require special protection, since they can be less aware of the risk and consequences related to data processing.
When issuing the decision on imposing an administrative fine and determining its amount, the President of the UODO took into account as aggravating circumstances, among others, the severity of the breach and its duration, the intentional nature of the breach and the lack of cooperation of the controller with the supervisory authority. In view of the President of the UODO the imposed fine is proportional to the severity of the established breach and the possibility of paying the fine by the entrepreneurs without big detriment to the conducted activity.
The fine imposed by the President of the Personal Data Protection Office is intended to discipline the entrepreneur in terms of proper cooperation with the President of the UODO, both in further course of the proceedings in the case of data breach notification, and in other possible future proceedings with participation of this entrepreneur conducted by the President of the UODO. It is a clear signal to all entities that disregarding their obligation to cooperate, on request, with the supervisory authority, especially by hindering access to information necessary for the performance of its tasks, is a serious infringement and as such is subject to fines.
Polish DPA fines Surveyor General of Poland: Full inspection must be carried out
The President of the Personal Data Protection Office (UODO), after having conducted an administrative proceeding instituted ex officio in the case of imposition of an administrative fine, imposed a fine in the amount of PLN 100 000 on the Surveyor General of Poland (Główny Geodeta Kraju, GGK).
The President of the Personal Data Protection established that the Surveyor General of Poland violated the provisions of the General Data Protection Regulation (GDPR), where the breach consisted in failure to provide the supervisory authority during the conducted inspection with access to premises, data processing equipment and means, and access to personal data and information necessary for the President of the Office for the performance of its tasks. Furthermore, GGK did not cooperate with the President of the UODO during that inspection.
The President of the UODO is tasked with monitoring and enforcing the application of the GDPR. Within the scope of its competences, it conducts inter alia proceedings on the application of the provisions of the GDPR. For the performance of its tasks, the supervisory authority shall have a number of specific powers, including the right to obtain from the controller and the processor access to all personal data and to all information necessary for it, or the right to obtain access to any premises of the controller and the processor, including to any data processing equipment and means.
Moreover, the controller and the processor are obliged to cooperate with the supervisory authority in the performance of its tasks, as provided for in Article 31 of the GDPR.
An infringement of the provisions of the General Data Protection Regulation, consisting in failure to provide access to data and information by the controller or processor, shall result in a breach of the powers of the supervisory authority referred to in Article 58(1) of the GDPR. Therefore, the President of the UODO considered it reasonable to impose an administrative fine.
Let us remind you that at the beginning of March 2020, the President of the Personal Data Protection Office decided on the necessity to perform an inspection of the processing by the Surveyor General of Poland on the portal GEOPORTAL2 of personal data from the poviat land and property registers, about which it informed GGK in the letter indicating the scope and the date of the inspection. In order to perform the inspection activities, the inspectors authorised by the President of the UODO presented their official identity cards and submitted personal authorisations containing information on the scope of the inspection to GGK. The Surveyor General of Poland did not allow for performing full inspection activities resulting from the submitted authorisations. Giving the reasoning for its position, GGK indicated that, according to its assessment, it was apparent from the scope of the inspection indicated in the authorisations that the inspection was to cover the numbers of land and property registers which, in its opinion, do not constitute personal data within the meaning of the provisions of the Geodetic (Surveying) and Cartographic Law.
Finally, GGK signed the authorisations entering a written note on them stating that it refused to carry out the inspection aimed at establishing inter alia: the grounds for the processing (including disclosing on GEOPORTAL2) of personal data, the sources of such data, the scope and type of disclosed personal data, and the method and purpose of that disclosure. Furthermore, the note allows to conclude that the Surveyor General of Poland consented to the performance of the inspection activities in the scope of determining whether appropriate technical and organisational measures have been implemented to ensure an adequate level of security of the data being subject to protection, and whether GGK has appointed a Data Protection Officer. Unfortunately, due to the lack of access by the inspectors to the IT systems used by GGK and the necessary inspections of the IT system during the inspection it has not been established whether GGK has implemented appropriate technical measures to ensure data security. In view of the above, in the course of the inspection it was only established what organisational measures GGK used for data security and whether a Data Protection Officer was appointed.
An inspection protocol has been drawn up from the inspection activities carried out, which has been signed by the Surveyor General of Poland.
Due to the categorical lack of consent of GGK to carry out full inspection activities and the unambiguously expressed lack of will to cooperate, the inspectors could not determine how and on what legal ground - when providing information from the land and property registers via the GEOPORTAL2 online portal (geoportal.gov.pl) - it enable access to personal data contained in land and property registers and whether GGK has implemented appropriate technical measures to ensure data security. During the inspection, it was not possible to investigate what was the main subject of the inspection, because all operations could not be carried out. In this respect, the inspection was thwarted by the Surveyor General of Poland.
In addition, there is a separate proceedings pending before the President of the UODO in the case of a breach consisting in the processing of personal data in the form of the numbers of land and property registers on GEOPORTAL2 online portal without a legal basis.
To read the information on hindering the inspection by GGK and on issuing the decision by the President of the UODO in Polish, click here.
Belgian DPA imposes €600.000 fine on Google Belgium for not respecting the right to be forgotten of a Belgian citizen, and for lack of transparency in its request form to delist
The Belgian DPA just imposed a €600.000 fine on Google Belgium for not respecting the right to be forgotten of a Belgian citizen, and for lack of transparency in its request form to delist.
A Belgian citizen had requested the removal of links containing negative information about him. The request was refused by Google.
The Litigation Chamber of the Belgian DPA found that some of those links were needed for public interest and should not be removed: the citizen plays indeed a role in public life and the links concerned a presumed relation with a political party. The other links contained information that was outdated, unsubstantiated and could seriously damage the reputation of the citizen. The Belgian DPA considers that those links should have therefore been delisted by Google. For the Belgian DPA it is important to note that the facts of the case were clear, leaving Google no reasonable room to decide otherwise.
What’s more, Google lacked transparency in their delisting form, as well as in their response to the data subject.
For these reasons, the Belgian DPA decided to impose a fine of €600.000. This is the highest fine ever imposed by the Belgian DPA.
The Belgian DPA considers to be competent in this case, including because Google argued that their main establishment in Europe (Google Ireland) was not responsible for delisting activities. The decision contains a detailed explanation of the responsibilities of the various establishments of Google.
The decision (currently only in French) is available here.
plThe President of the Personal Data Protection Office imposes a fine in cross-border proceedings
The President of the Personal Data Protection Office (UODO) imposed a fine of PLN 15 000 on East Power company from Jelenia Góra for failing to provide the supervisory authority with access to personal data and other information necessary for the performance of its tasks.
The fined company provides employment services in Poland and Germany, and a complaint against its actions was lodged by a German citizen because it processed his personal data for marketing purposes. The complaint was lodged with the German data protection authority competent for Rhineland-Palatinate, but it was taken over for consideration by the President of the UODO, who was the so-called lead authority in this case, because the company is established in Poland.
Within the framework of this proceeding, the President of the UODO sent three requests to the company to submit explanations. Two of them (correctly served and received by the company) remained unanswered. The company replied to one of the requests, but its explanations were incomplete and contradictory. In the opinion of the President of the UODO, they were manifestly insufficient to establish the facts of the case. Due to such conduct of the company, the President of the Personal Data Protection Office considered that it intentionally impedes the course of proceedings or at least ignores its obligations related to cooperation with the supervisory authority. The President of the UODO therefore considered it necessary to initiate a separate proceedings for the imposition of an administrative fine on it.
It was only in response to the notice of initiation of the proceedings that the company provided more extensive explanations, but they were incomplete and required further investigation. Therefore, the President of the Personal Data Protection Office considered that the company does not want to cooperate with it and does not fulfil the obligation – provided for in the GDPR – to provide it with access to personal data and other information necessary for the performance of its tasks, in this case for handling a complaint lodged by a German citizen.
When issuing the decision to impose an administrative fine on East Power Sp. z o.o. and determining its amount, the President of the UODO took into account as aggravating circumstances, among others, the seriousness of the breach (undermining the proper functioning of the personal data protection system specified by the GDPR), the intentional nature of the breach and the unsatisfactory degree of cooperation of the controller with the President of UODO in order to remedy the breach and mitigate its consequences.
Sanctions imposed by the President of the Personal Data Protection Office in the form of administrative fines are intended to discipline controllers and processors. Their disregard for their obligations related to cooperation with the President of the UODO leads to prolonging the proceedings conducted by it. In this way, it is difficult to exercise the rights of persons whose personal data are being violated.
The above situation occurs in the case of the fined company. By its actions, it makes it impossible to handle the complaint of a German citizen and to issue a decision by the President of the UODO determining the case relating to the complaint lodged.
To read the press release is Polish, click here
beBelgian DPA imposed a fine of 1,000 EUR on an association that sent direct marketing messages to (former) donors for fundraising
The Belgian Data Protection Authority has imposed a fine of 1,000 EUR on an association that, on the basis of its legitimate interest (Article 6.1, f) GDPR), sent direct marketing messages to (former) donors for its fundraising. The administrative fine was imposed following a complaint lodged with the Belgian Data Protection Authority by a former donor of the association as the latter had not complied with the request for data erasure addressed by the data subject to the data controller pursuant to Article 17.1 GDPR and its right to object pursuant to Article 21.2 GDPR.
The Litigation Chamber decided that the data controller thereby infringed Articles 6.1, 17.1, c) and d), 21.3 and 21.4 GDPR.
First of all, the Litigation Chamber found that the data controller did not comply with the data erasure request and the data subject's right to object. Secondly, the Litigation Chamber held that the association could not validly invoke its legitimate interest as a ground for the processing in the present case since it did not meet the cumulative conditions imposed by the case law of the Court of Justice of the European Union - and in particular the Rigas judgment - in this respect. According to this case law, in order to invoke Article 6.1, f) GDPR, the controller must demonstrate that i) the interests pursued by the processing, can be recognized as legitimate ("purpose test"), ; ii) the intended processing is necessary for the purposes of the intended processing ("necessity test") and iii) the balancing of these interests against the fundamental rights and freedoms of the persons concerned by the data protection weighs to the favour of the controller or of a third party ("balancing test"). In the present case, the Litigation Chamber decided that the third condition of article 6.1, f) GDPR and the case law of the Court of Justice was not fulfilled.
More specifically, the Litigation Chamber found that there were doubts as to whether the data subject could reasonably expect his data to be processed for direct marketing purposes years after the collection of these data (recital 47 GDPR). Moreover, the Litigation Chamber found that the data controller had not sufficiently facilitated the right of objection.
This decision implements the 2020-2025 Strategic Plan of the Belgian Data Protection Authority, of which 'direct marketing' is one of the priority strategic points. The Litigation Chamber also refers to Recommendation No 01/2020 of the Belgian DPA in this respect.
To read the full decision in Dutch, click here
NOTemporary suspension of the Norwegian Covid-19 contact tracing app
The Norwegian Data Protection Authority has notified the Norwegian Institute of Public Health (NIPH) of its intention to impose a temporary ban on the processing of personal data in connection with the Smittestopp contact tracing mobile application. NIPH has nowtemporarily suspended all use of the app.
On Monday 15 June, NIPH announced that they have decided to suspend the app and erase all data until further notice, but that they will provide a formal response by 23 June, which is the date set by the Data Protection Authority. The notice entails a temporary ban on all collection of personal data by NIPH through the app.
Intervention no longer proportionate
“NIPH has chosen to suspend all collection and storage of data immediately. I hope they use the time left until 23 June well, both to document the benefits of the app and to make other necessary changes, so that they can resume use of it,” says Data Protection Authority Director-General Bjørn Erik Thon.
The basis for the notice is the Data Protection Authority’s assessment that the Smittestopp app can no longer be considered a proportionate intervention in the users’ fundamental rights to data protection.
“Smittestopp is a highly invasive measure in terms of data protection, even in these special circumstances, where our society is fighting a pandemic. We do not see the utility, given our current situation and the way the technical solution is designed and presently working,” Thon says.
Legality hinges on public benefit
Smittestopp is a digital solution for contact tracing. It can notify the user if they have been in close contact with people infected with Covid-19. By analysing anonymized and aggregated data of population movement patterns, NIPH will also evaluate infection control measures and monitor rates of transmission through society. Smittestopp collects large quantities of personal data about app users, including continuous location data and information about app users’ contact with others.
“Our notice does not mean that we can’t use technology and apps to fight this pandemic. However, the legality of Smittestopp hinges on its public benefit,” Thon says. “We have considered the solutions chosen for the Smittestopp app, the low proliferation of the app, with users accounting for approximately 14 percent of the population aged 16 and older, and the rates of infection in the general population. We have also taken into account the National Institute of Public Health’s release stating that the rate of infection is currently so low that it is difficult to validate that the app’s alerts are notifying the right people — not too many and not too few.”
Location data from GPS and Bluetooth
Currently, Smittestopp users cannot choose to provide personal data for contact tracing purposes without also agreeing to the data being used for analysis and research. These different purposes require different types of personal data. We question the lack of choice for the users. Several other European countries have developed contact tracing apps that rely solely on Bluetooth technology and that do not collect GPS-based location data. The World Health Organization (WHO) has also posted several publications related to digital proximity tracking for Covid-19 (example link).
“The European Data Protection Board has concluded that the use of location data in contact tracing is unnecessary and recommend the use of Bluetooth data only. We do not find that NIPH has sufficiently justified the need to use location data for contact tracing and await new information from NIPH on this issue,” Thon says.
Smittestopp currently only has contact tracing functionality in combination with notification in three test municipalities: Drammen, Trondheim and Tromsø.
“Also, no solution for anonymizing and aggregating data for analysis has yet been implemented.The app nevertheless continually collects personal data from all users,” Thon says.
The Data Protection Authority has invited the National Institute of Public Health to a meeting on Friday 19 June to further discuss this matter. NIPH has until 23 June to provide a response to the order.
“There are many different things we need to discuss. The design of the request for approval and the use of GPS in contact tracing are central issues, but we also need to discuss the anonymization solution, which is not yet in place. A solution for how to handle requests for access will also be a topic for discussion. We need to see some specific changes on these important issues,” Thon says.
To read the press release in Norwegian, click here
Update: 17/08/20
The Norwegian Data Protection Authority has imposed a temporary ban on Smittestopp contact tracing mobile application.
The Norwegian Data Protection Authority has reached a decision to temporarily ban the processing of personal data using the Smittestopp contact tracing mobile application. As previously notified, we mean that Smittestopp cannot be considered a proportionate intervention in the user’s fundamental right to data protection.
The purposes of Smittestopp are contact tracing and notification of Covid-19 infection, as well as analysis of anonymous and aggregated data to evaluate the effect of infection control measures, and monitoring of the spread of infection in society. The app has collected large amounts of personal data about the people using it, including continuous registration of movements and information about the users’ contact with others.
Still several weaknesses
The Norwegian Data Protection Authority finds that the Norwegian Institute of Public Health (NIPH) has not documented the benefit of the app. We have looked at the technical solutions chosen for Smittestopp, the low level of adoption of the app (approx. 14% of the population aged 16 or above), and the spread of the infection in the population. We also find that the NIPH has not sufficiently established the necessity of using location data from GPS in contact tracing, which we find is in conflict with the principle of data minimization.
Furthermore, the Norwegian Data Protection Authority has been critical of the fact that users have not had the option to choose to share personal data for just one or several of the purposes. In June, The Norwegian Parliament reached the decision that the purposes have to be separated in the next version of the app.
The NIPH has already decided to stop the collection of personal data, and to erase the collected data. The Norwegian Data Protection Authority will continue to control any new versions of the app.
seCo-operative housing association banned from using video surveillance in entrance and stairwell
The Swedish Data Protection Authority (DPA) has investigated a co-operative housing association’s use of video surveillance on its property. The DPA concludes that the association has gone too far when using video surveillance in the main entrance and the stairwell and when recording audio.
The Swedish DPA has received complaints claiming that a co-operative housing association monitors the stairwell in the association’s apartment building. The DPA has now finished an audit of the association.
The Swedish Data Protection Authority’s investigation shows that the association has four surveillance cameras installed. Two are located in the stairwell, one in the main entrance and one is directed towards a distribution box in the association’s storage room. All cameras record video and audio non-stop 24 hrs 7 days a week.
For the two cameras set up in the stairwell, the Swedish Data Protection Authority notes that these allow the association to map the habits, visits and social circle of the residents. “Already the fact that the surveillance is of the residents and their home environment means that it requires very strong reasons for the monitoring to be allowed,” writes the authority in its decision.
– Under special circumstances, a co-operative housing association may monitor a stairwell. However, in order for such surveillance to be allowed, the association must be able to demonstrate a pressing need for such video surveillance and that has not been the case here, says Nils Henckel, legal advisor at the Swedish DPA.
The third camera is set up at the main entrance and the association states that it is to combat problems with vandalism, which it had experienced during two months in 2018. The Swedish DPA stresses the obligation to continuously review whether a need for video surveillance is justified and concludes that no such need was still present to date.
As for the fourth camera, which is directed towards the distribution box, the DPA concludes that it must be re-directed so that it does not monitor the residents’ storage facilities.
Furthermore, the Swedish Data Protection Authority notes that audio recording constitutes an additional intrusion into the private sphere, in particular when recorded in a residential building, and that there are no circumstances that motivates such intrusion in this case.
The Swedish DPA also concludes that the association has failed to properly inform the residents about the video surveillance. That includes the lack of information about the data controller, where to turn to for further detailed information and that audio is recorded, which is a particularly severe omission.
The Swedish Data Protection Authority orders the co-operative housing association to stop the video surveillance of the stairwell and entrance, to cease audio recording for the surveillance camera by the distribution box and to improve the information provided concerning the video surveillance. The Swedish Data Protection Authority furthermore issues an administrative fine of 20 000 Swedish kronor (approximately 2 000 euro) against the association. When calculating the amount of the fine, consideration was taken to the fact that it was a smaller co-operative housing association.
To read the press release in Swedish, click here
beBelgian DPA fines controller for sending a direct marketing message to the wrong person and for not responding adequately to the subsequent request for access
The Belgian DPA has imposed a fine of 10 000 EUR on a controller for sending a direct marketing message to the wrong person and for not responding adequately to the data subject’s subsequent request for access to his data. The marketing message was sent to the plaintiff, instead of to another person who had the same name, but another email address. This incorrect processing is due to a human error. As a result, the plaintiff exercised his right of access, which did not run smoothly. The Belgian DPA established that the controller did not sufficiently answer to the request of the plaintiff (Article 15 GDPR), did not respond within the deadline set by the GDPR (Article 12.3 GDPR) and was not sufficiently transparent (Article 12.1 GDPR). For these reasons, the Belgian DPA considers that the exercise of the rights of the plaintiff were not sufficiently facilitated, as required by article 12.2 of the GDPR.
To read the full decision in French, click here
For further information, please contact the Belgian DPA contact@apd-gba.be
beBelgian DPA imposes fine of 1000 euro on a controller for not responding to a request to object to the processing of his data for marketing purposes
The Belgian DPA has imposed a fine of 1000 euro on a controller for not responding to a request from a citizen to object to the processing of his data for marketing purposes (article 15.3 GDPR), and for not collaborating with the authority (article 31 GDPR).
In a previous decision, the Belgian DPA had ordered the controller to meet the request of the plaintiff and to notify the Belgian DPA of the action taken on the request. The controller did not react to this injunction. When the controller, at a later stage, was asked why they did not comply with the injunction of the Belgian DPA, the controller demonstrated a cavalier attitude and a complete lack of interest for both the application of the GDPR and the procedure. For this attitude, as well as the established infringement of the right to object, the Belgian DPA decided to eventually impose a 1000 euro fine.
beBelgian Data Protection Authority imposed a fine of 5.000 EUR on local election candidate
The Litigation Chamber of the Belgian Data Protection Authority imposed a fine of 5.000 EUR on a candidate in local elections for using the staff registry of a municipality to send election propaganda (in the form of a letter) to staff members. The Belgian municipality in question filed the complaint against the candidate.
The Litigation Chamber established the following elements:
- A legal person (in this case the municipality) is entitled to file a complaint with the DPA.
- Contrary to what was said by the defendant, the communication didn’t amount to normal communication between a municipal councilor, which the defendant was at the time, and municipal staff. The content of the letter sent shows that it was indeed election propaganda.
- A violation of article 5, 1., b (purpose limitation) occurred, considering that the staff register is not meant to be used for other purposes than the internal management of the municipality
- The Litigation Chamber could find no legal basis for a lawful processing of data from the staff register and therefore also concluded in a violation of articles 5, 1., a) and 6, 1 (lawfulness of processing).
The imposition of a fine of 5.000 EUR was done on the basis of previous similar decisions by the Litigation Chamber of the BE DPA, where it had found that further processing of data gathered for municipal purposes with the intent of using them for political propaganda violated the principles of lawful processing and of purpose limitation.
The Litigation Chamber also considers that the defendant’s other positions in public service should have led him to a greater respect for rules on electoral campaigning, which include data protection rules.
esThe Spanish Data Protection Authority fined the company Iberdrola for not responding to the request for information with 4,000 euros
Sanction procedure opened for not responding to the request for information made in order to investigate the facts identified in a complaint. The complainant requested the exclusion of his data from a debts file -Asnef - by an alleged debt to the energy supply company -Iberdrola-.
The complaint was transferred to Iberdrola and it was required to forward to the AEPD the information and documents requested in the letter. After receiving no response, the complaint was accepted.
Investigations were then carried out and the entity was again required to report on the facts denounced. This new request was also not answered. In a nutshell, Iberdrola had not provided the information required and consequently hindered the investigative powers that each supervisory authority has, infringing Article 58.1 of the GDPR.
This infringement is typified in Article 83.5(e) of the GDPR and is classified for prescription purposes as very serious. It has also been taken into account that Iberdrola is a large undertaking, not newly created and therefore should have established procedures for the fulfilment of the obligations under the data protection regulations, including provide any information required by the supervisory authority. For this reason, it was sanctioned with 5,000 euros, reduced to 4,000 euros as it benefited from voluntary payment reduction according to the Spanish Procedure Law.
To read the full decision in Spanish, click here
fiFinnish DPA imposes administrative fine for several deficiencies in personal data processing
The Office of the Data Protection Ombudsman’s sanctions board imposed an administrative fine on Taksi Helsinki Oy for violations of data protection legislation on 26 May. The company had not assessed the risks and effects of personal data processing before adopting a camera surveillance system that records audio and video in its taxis. Deficiencies were also noted in the information provided to customers and the documentation of personal data processing.
The Office of the Data Protection Ombudsman started an investigation on Taksi Helsinki’s personal data processing in November 2019. Serious deficiencies were found in the company’s processing of personal data.
The impact of the processing had not been assessed in accordance with data protection legislation.
Taksi Helsinki replaced its camera surveillance system with one that records both video and audio in the summer of 2019. However, the company did not assess the compliance of the related personal data processing with the GDPR.
The Deputy Data Protection Ombudsman ordered the company to conduct a balance test to evaluate, for example the necessity of personal data processing and its impact on the interests and rights of the data subjects.
Taksi Helsinki also failed to conduct the impact assessments required by the GDPR before the start of processing. Data protection impact assessments would have been required for security camera surveillance, location data processing and automated decision-making and profiling connected to the company’s loyalty scheme. The Deputy Data Protection Ombudsman ordered the company to carry out the required impact assessments.
No basis given for processing audio data
Taksi Helsinki reported that it processed the personal data of drivers, staff and the customers of its drivers with a camera surveillance system that records both video and audio. However, the company did not provide an explanation for why it only processed audio data from some of its taxis. The company later stated that the audio data had been processed by mistake.
The Deputy Data Protection Ombudsman found that the processing of audio data was not in line with the GDPR’s principle of data minimisation. She ordered Taksi Helsinki to ensure that the processing of audio data without appropriate grounds is stopped immediately.
Problems with basic data protection issues
The Deputy Data Protection Ombudsman’s investigation also revealed that Taksi Helsinki did not inform data subjects of the processing of their personal data in the manner required by data protection legislation. The notifications in the taxis did not say anything about audio recording or indicate from where customers could obtain information on it.
Neither did the company’s privacy statement contain information on the automated decision-making and profiling performed in its loyalty scheme. The Deputy Data Protection Ombudsman ordered the company to change its policies for informing customers to provide clear information on its processing of personal data. The information must also be easily accessible.
Deficiencies related to documentation and the definition of personal data processing roles were also discovered in the investigation. The Deputy Data Protection Ombudsman ordered Taksi Helsinki to rectify its procedures.
Administrative fine imposed
Several serious shortcomings in the identification of risks, compliance with data protection principles and implementation of the rights of data subjects were identified in Taksi Helsinki’s processing of personal data.
The Office of the Data Protection Ombudsman’s sanctions board imposed an administrative fine of EUR 72,000 on Taksi Helsinki. This amount was proportionate, effective and cautionary in the assessment of the board.
To read the full decisions in Finnish, click here.
For further information, please contact the Finnish DPA: tietosuoja(at)om.fi
The decision-making of the sanctions board and legal protection of controllers are provided for in the Finnish Data Protection Act. The sanctions board is made up of the Data Protection Ombudsman and his two Deputy Data Protection Ombudsmen and has the power to impose administrative fines for violations of data protection legislation. The maximum amount of the administrative fine is four percent of the company’s turnover or EUR 20 million.
fiFinnish DPA imposed three administrative fines for data protection violations
The Office of the Data Protection Ombudsman’s sanctions board imposed administrative fines on three companies for violations of data protection legislation on 18 May. These violations concerned giving insufficient information on data protection rights, neglecting to conduct a data protection impact assessment and the unnecessary collection of personal data.
Deficiencies in information provided in connection with change-of-address notifications
The individuals who filed a complaint with the Data Protection Ombudsman had received communications and direct marketing from various companies after making change-of-address notifications to Posti Oy, which is the leading postal service operator in Finland. The investigation carried out by the Office of the Data Protection Ombudsman revealed that Posti had not informed the data subjects of their rights, including the right to object the disclosure of data, in connection with making change-of-address notifications.
The company should have informed its customers clearly about their right to object to the processing of their personal data. Posti had submitted such notifications only to customers who bought additional services in addition to making the change-of-address notification.
Posti had notified the Data Protection Ombudsman that it would look into possibilities for improving the transparency of personal data processing already in 2017. The company finally improved its practices for informing customers in 2020, after the Office of the Data Protection Ombudsman had contacted Posti again. The violations affected 161,000 customers in 2019 alone.
The sanctions board imposed an administrative fine of EUR 100,000 on Posti Oy.
The data protection impact assessment on the processing of employee location data had been neglected
The second decision concerned a complaint made to the Data Protection Ombudsman about how Kymen Vesi Oy processed the location data of its employees by tracking vehicles with a vehicle information system. The controller had not made the impact assessment required by the GDPR before starting to process the location data. The location data was used for monitoring working hours, among other things.
A data protection impact assessment is required if the processing is likely to result in a high risk to the rights and freedoms of data subjects. The assessment is necessary for example if the location data of vulnerable individuals is processed or the location data is used for systematic monitoring. The decision of situations in which a data protection impact assessment of the processing of location data is required can be found on the Data Protection Ombudsman’s website.
The sanctions board imposed an administrative fine of EUR 16,000 on Kymen Vesi Oy.
Job applicants’ personal data was collected unnecessarily
In the third case, the Data Protection Ombudsman had been notified about a company collecting unnecessary personal data from job applicants and employees. According to the Finnish Act on the Protection of Privacy in Working Life, the employer is only permitted to process data that is necessary in light of the employment relationship. Deficiencies were also discovered in the controller’s documentation related to compliance with the GDPR.
The company had asked for information on matters such as religious beliefs, state of health, possible pregnancy and family status of the data subjects.
The Data Protection Ombudsman ordered the company to delete the unnecessary data and issued a reprimand on the deficiencies in documentation. The sanctions board also imposed an administrative fine of EUR 12,500 on the company.
The decisions are not final since those can be appealed in the administrative court. The Office of the Data Protection Ombudsman publishes the name of the organisation on which the administrative fine was imposed if the matter is considered to be of public significance or the organisation could be confused with another.
Sanctions must be proportionate, efficient and cautionary
This was the first time that the sanctions board imposed administrative fines for violations of data protection regulations. The board has the right to impose administrative fines for data protection violations. The maximum amount of the administrative fine is 4 % of the company’s turnover or EUR 20 million.
The sanctions board is made up of the Data Protection Ombudsman and two Deputy Data Protection Ombudsmen, with the Data Protection Ombudsman serving as chairman. The decision-making of the sanctions board and legal protection of controllers are provided for in the Finnish Data Protection Act.
To read the full decisions in Finnish, click here
For further information, please contact the Finnish DPA: reijo.aarnio(at)om.fi
dkFine proposed for Danish recruitment company
The Danish Data Protection Authority considers that in a case on the right of access, the Danish recruitment company JobTeam has not met the basic requirements of the General Data Protection Regulation (GDPR) that personal data must be processed lawfully, fairly and transparently.
JobTeam has been reported to the police and a fine of DKK 50.000 has been proposed. The company had erased personal data subject to the access request of a data subject during the period after the request was submitted and prior to the company's reply. The Data Protection Authority became aware of the case on the basis of a complaint.
Good data processing
‘Where a controller deletes information on the individual directly linked to the failure to meet an access request, the controller unlawfully denies the possibility of a review of the right of access by the data by the Data Protection Authority and the Courts. This is a violation of the citizen’s fundamental rights and is not an example of good data processing,” says Astrid Mavrogenis, Head of Unit in the Danish Data Protection Authority.
Fine proposal
The Data Protection Agency has decided to report JobTeam to the police and recommended that the company should pay a fine.
It is the view of the Danish Data Protection Agency that a breach of the fundamental principles of the regulation concerning processing security for an company in a case such as the one in question cannot, in principle, be penalised by a fine lower than DKK 50.000, if the basic requirement of effective and dissuasive penalties laid down by the regulation must be complied with at the same time. At the same time, when setting the amount of the fine, the Authority emphasises that the fine must be proportionate.
In most European countries, national data protection authorities can issue administrative fines themselves, but the rules are different in, inter alia, Denmark.
After having clarified and assessed the case, the Data Protection Authority (DPA) reports the data controller to the police. The police then considers whether there are grounds for bringing a charge, and finally any financial penalty will be decided by a court.
To read the press release in Danish, click here
seWrongful to publish sensitive personal data on Region Örebro County’s website
The Swedish Data Protection Authority’s investigation shows that the Healthcare Committee in Region Örebro County made a mistake when publishing on the region’s website sensitive personal data about a patient admitted to a forensic psychiatric clinic.
The Swedish Data Protection Authority received a complaint against the Healthcare Committee in Region Örebro County, in which claims that sensitive personal data about a patient admitted to forensic psychiatry clinic had been published on the region’s website was put forward.
– Our investigation into the matter shows that sensitive personal data has wrongfully been published and thereby made accessible to the public on the region’s website”, says Elin Hallström, Legal Advisor at the Swedish Data Protection Authority.
The Swedish Data Protection Authority’s audit shows that there are no written instructions relating to the publication of documents and personal data on the website in place. Instructions for publishing information are instead communicated orally. In this case, the instructions had not been followed which led to the accidental publication of the document, suggesting that the Committee had not taken sufficient organizational measures to ensure that personal data is protected from being wrongfully published on the region’s website.
– For this reason, we are now ordering the Committee to establish written instructions and introduce measures that ensure that those who publishes personal data on the region’s website does so in accordance with set instructions.
In its decision, the Swedish Data Protection Authority also concludes that in terms of publication the Committee had neither a legitimate purpose, nor a legal basis, nor fulfilled the requirements for an exemption from the general prohibition against handling sensitive personal data in the General Data Protection Regulation.
The Swedish Data Protection Authority orders the Committee to bring its personal data handling into compliance and furthermore issues an administrative fine of 120 000 Swedish kronor (approx. 11 000 euro) against the Committee.
The published document in question has been removed from the region’s website.
seThe Swedish Data Protection Authority issues fine against the National Government Service Centre
The Swedish Data Protection Authority imposes an administrative fine of 200,000 Swedish kronor (approximately 18,700 euro) on the National Government Service Centre for failing to notify affected parties as well as the Data Protection Authority about a personal data breach in due time.
The Data Protection Authority (DPA) initiated an investigation against the National Government Service Centre (NGSC) upon having received a number of personal data breach notifications concerning an error in the IT system for salary administration. The error entailed the possibility of unauthorised access to personal data of both personnel of authorities using the system and of the personnel of the NGSC.
- Our investigation shows that it has taken too long for the NGSC to inform the concerned parties about the error and furthermore that the NGSC has failed to report the personal data breach to the DPA in due time. The documentation of the breach, as required under the GDPR, was also found incomplete with regards to the NGSC’s personnel and their data, says Elin Hallström, legal advisor, who has been leading the DPA’s audit.
The DPA noted that it took almost five months for the NGSC to notify the concerned parties and close to three months before the DPA received a data breach notification.
- When a data breach of this kind is discovered by a processor such as the NGSC in this case, it is important to inform the controllers as soon as possible so that they can report the breach to the DPA and take further actions to mitigate any related risks. The NGSC has failed to act in time.
In its decision the DPA orders the NGSC to introduce internal routines for the documentation of personal data breaches and to verify that those routines are abided by. Together with this order the DPA imposes an administrative fine on the NGSC of in total 200,000 Swedish kronor.
The National Government Service Centre coordinates the administration of government agencies by offering administrative support services to other government agencies. It offers basic services in the areas of salary administration, financial administration and eCommerce.
plFine imposed for preventing the Supervisory Authority from performing an inspection
The President of the Personal Data Protection Office imposed a fine of PLN 20 000 on Vis Consulting Sp. z o.o. in liquidation with the seat in Katowice, a company from telemarketing industry, for making it impossible to conduct inspection. Additionally, the company’s owner is subject to criminal liability for this.
The President of the Personal Data Protection Office (UODO) decided to conduct inspection activities at the penalised company, in connection with the findings made in the course of another inspection performed at the company conducting telemarketing activities. It was established that the company has a cooperation contract with regard to outsourcing of telemarketing services with Vis Consulting Sp. z o.o. Therefore, the supervisory authority found it necessary to conduct inspection activities at the entity which actually operated the telephone calls and processed the data.
Unfortunately, the UODO’s inspectors, after prior notification on the planned inspection, did not find anyone at the address indicated in the National Court Register (KRS). On the spot, there was only a company which leased office space to Vis Consulting Sp. z o.o. (so called virtual office).
The inspectors managed, however, to contact Vis Consulting by telephone, and its proxy informed that the inspection would not take place.
Therefore, the President of the UODO concluded that the company in no way wished to cooperate with the personal data protection authority. On two consecutive days of the planned inspection activities, the company made it impossible to carry out the inspection twice. Furthermore, on the date on which the inspectors attempted to conduct inspection at Vis Consulting Sp. z o.o., its authorities decided to liquidate that entity.
In the opinion of the President of the Office, this company does not comply with the obligations relating to the processing of personal data and, at least intentionally, avoids to be subject of inspection by the supervisory authority. Thus the company infringed the provisions of Article 31 of the GDPR with regard to Article 58(1)(e) and (f) of the GDPR referring to cooperation with the supervisory authority and enabling it access to all personal data and any information.
Hence, the President of the UODO concluded that the conditions for imposing a fine on the company were satisfied. In determining the amount of the fine, the supervisory authority did not identify any attenuating circumstances affecting the amount of the fine.
In connection with suspicion of commission of an offence under Article 108 (1) of the Act on the Protection of Personal Data by the President of the Company, the supervisory authority notified the District Public Prosecutor’s Office in Katowice thereof. According to that provision, the prevention or hindering of conducting inspection of compliance with the personal data protection provisions shall be subject to a fine, restriction of personal liberty or imprisonment for up to two years. The Public Prosecutor’s Office has already lodged an indictment against the President of the Company to the court.
The press release published here does not constitute official EDPB communication, nor an EDPB endorsement. This press release was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. As the press release is represented here as it appeared on the SA's website or other channels of communication, the news item is only available in English or in the Member State's official language with a short introduction in English. Any questions regarding this news release should be directed to the supervisory authority concerned.
seThe Swedish Data Protection Authority imposes administrative fine on Google
The Swedish Data Protection Authority imposes a fine of 75 million Swedish kronor (approximately 7 million euro) on Google for failure to comply with the GDPR. Google as a search engine operator has not fulfilled its obligations in respect of the right to request delisting.
In 2017 the Swedish Data Protection Authority (DPA) finalised an audit concerning how Google handles individuals’ right to have search result listings for searches that includes their name removed from Google’s search engine in case of for example lack of accuracy, relevance or if considered superfluous. In its decision the DPA concluded that a number of search result listings should be removed and subsequently ordered Google to do so.
In 2018, due to indications that Google had not fully complied with the previously issued order, the DPA initiated a follow-up audit. This audit is now finalised and the DPA is issuing a fine against Google.
– The General Data Protection Regulation, GDPR, increases the level of responsibility for organisations that collect and process personal data, and strengthens the rights of individuals. An important part of those rights is the possibility for individuals to have their search result delisted. We have found that Google is not fully complying with its obligations in relation to this data protection right, says Lena Lindgren Schelin, Director General at the Swedish DPA.
The Swedish Data Protection Authority is critical to the fact that Google did not properly remove two of the search result listings that the DPA had ordered them to remove back in 2017. In one of the cases Google has done a too narrow interpretation of what web addresses needed to be removed from the search result listing. In the second case Google has failed to remove the search result listing without undue delay.
When Google removes a search result listing, it notifies the website to which the link is directed in a way that gives the site-owner knowledge of which webpage link was removed and who was behind the delisting request. This allows the site-owner to re-publish the webpage in question on another web address that will then be displayed in a Google search. This in practice puts the right to delisting out of effect.
– In its delisting request form Google states that the site-owner will be notified of the request in a way that might result in individuals refraining from exercising their right to request delisting, thereby undermining the effectiveness of this right, says Olle Pettersson, legal advisor at the Swedish DPA who has participated in this audit of Google.
Google does not have a legal basis for informing site-owners when search result listings are removed and furthermore gives individuals misleading information by the statement in the request form. That is why the DPA orders Google to cease and desist from this practice.
Facts about the right to have search result listings removed
In May 2014 the Court of Justice of the EU ruled that an individual may request a search engine provider such as Google to remove a search result listing that contains the name of an individual in case the listing is incorrect, irrelevant or superfluous. This right was strengthened with the GDPR entering into force 25th May 2018. The right is however not absolute, you cannot demand that all search results are to be removed. Individuals who wish to exercise their right to request delisting should contact the search engine provider directly.
Google may appeal the decision of the Swedish DPA within three weeks. If Google decides not to appeal, the decision will enter into force by the end of that time period. Once the decision has entered into force it will be handed over to the Legal, Financial and Administrative Services Agency (Kammarkollegiet) that handles the administration of fines under the GDPR.
The personal data processing in question is part of the processing operations carried out by Google as a search engine operator. For this part of Google’s activity it is Google LLC (parent company of the Google group) established in the United States that decides the purpose and means of the processing. Since there is no main establishment within the EU for this part of Google’s operations, each Supervisory Authority in the EU is competent for investigating possible infringements of the GDPR within their territory.
dkFines proposed for two municipalities
The Danish Data Protection Agency has reported the municipality of Gladsaxe and the Municipality of Hørsholm to the police, as it finds that the municipalities have not met the requirements of an adequate level of security under the General Data Protection Regulation (GDPR).
For the municipalities of Gladsaxe and Hørsholm Municipality fines of DKK 100.000 and DKK 50.000 have been proposed respectively.
The Data Protection Agency became aware of the cases when both municipalities notified the agency of personal data breaches relating to the theft of computers containing personal data.
Neither computers were protected by encryption, and the loss of personal data by the municipalities therefore posed an undue risk to its citizens.
In one of the cases, the lack of security resulted in a serious personal data breach, as a computer containing personal data of 20.620 citizens, including information of a sensitive nature and personal data, was stolen from Gladsaxe City Hall.
The second security breach took place when the computer of an employee from the municipality of Hørsholm was stolen from his car. On the computer, there was information on about 1.600 employees in the municipality of Hørsholm, including information of a sensitive nature and personal data.
The specific security breaches express some of the possible consequences of the insufficient level of security which poses a high risk to all citizens of whom the municipality processes data.
Municipalities have a great deal of responsibility
“A municipality processes very large amounts of personal data concerning the municipality’s citizens, including information of a sensitive nature. As a citizen, it is not possible to opt out of the municipality’s processing of information about oneself, and the municipality therefore has a high responsibility to avoid the information being disclosed, "said Frederik Viksøe Siegumfeldt, Head of Unit of the Supervisory Unit in the Danish Data Protection Agency. He explains:
“It is simple to access the files stored on the computer when a computer’s hard drive is not encrypted, for example by moving the hard drive to another computer. Therefore, when personal data are stored locally on the computer, it is very imprudent that the municipalities' computers were not encrypted.”
Proposal of fines
The Danish Data Protection Agency has decided to report the Municipality of Gladsaxe and the Municipality of Hørsholm to the police and proposes that the two municipalities be fined DKK 100.000 and DKK 50.000 respectively.
For further information, please contact the Danish DPA: dt@datatilsynet.dk
ISPersonal data breach at the National Center of Addiction Medicine – Administrative fine
On 5 March 2020, the Icelandic Supervisory Authority (SA) took the decision to impose an administrative fine of ISK 3.000.000 (EUR 20.643) on the National Center of Addiction Medicine in a case relating to a personal data breach.
The National Center of Addiction Medicine is an NGO that operates a detoxification clinic and four inpatient and outpatient rehabilitation centers, as well as a center for family services and a social center in Iceland. Its services are delivered by a staff of medical doctors, psychologists, registered nurses, nurse practitioners and licensed counselors.
The breach occurred when a former employee of the National Center of Addiction Medicine received boxes containing what were supposed to be personal belongings that he had left there. However, it turned out that the boxes contained patient data as well, including health records of 252 former patients and records containing the names of approximately 3.000 people who had attended rehabilitation for alcohol and substance abuse.
After carrying out an investigation of the data breach, the SA concluded that the breach was a result of a lack of implementation of appropriate data protection policies and appropriate technical and organisational measures to protect the data by the controller. The lack of appropriate measures to protect the personal data therefore constituted violations of, inter alia, Art. 5(1)f and Art. 32 of the GDPR.
When determining the fine, the SA referred to the nature of the personal data involved in the breach, which were data concerning health, and the large scope of the processing. The SA also cited the nature of the National Center of Addiction Medicine as a non-profit health care provider and the fact that the Center had made considerable efforts to improve handling of personal data, beginning before the breach came to light.
The full decision in Icelandic is available here
For further information, please contact the Icelandic SA: postur@dpa.is
ISPersonal data breach at the Breiðholt Upper Secondary School – Administrative fine
On 5 March 2020, the Icelandic SA took the decision to impose an administrative fine of ISK 1.300.000 (EUR 8.945) on the Breiðholt Upper Secondary School in a case relating to a personal data breach.
The breach occurred when a teacher at the school sent an e-mail to his students and their parents/guardians, 57 people in total. Attached to the e-mail was a document that the teacher believed to contain information on consultation appointments. However, the attachment concerned a different group of students, 18 in total, and contained data on their well-being, study performance, and social conditions. To a considerable extent, the information concerned the students' problems. In one instance, the data had to do with an intervention by child protection services. Furthermore, there were data on one student's physical illness, and on another student's mental health problem.
When determining the fine, the SA referred to the nature of the personal information involved in the breach, which were data concerning health and other personal issues. The SA also cited the nature of the Breiðholt Upper Secondary School as a nonprofit institution.
plFine for processing students’ fingerprints imposed on a school
The President of the Personal Data Protection Office imposed a fine of PLN 20 000 in connection with the breach consisting in the processing of biometric data of children when using the school canteen.
The school processed special categories of data (biometric data) of 680 children without a legal basis, whereas in fact it could use other forms of students identification.
For that breach, an administrative fine was imposed on Primary School No. 2 in Gdansk. In addition, the President of the Personal Data Protection Office (UODO) has ordered the erasure of the personal data processed in the form of digital information on the specific fingerprints of the children and the cessation of any further collection of personal data.
Following an ex officio administrative proceedings, the President of the UODO has established that the school is using a biometric reader at the entrance to the school canteen that identifies the children in order to verify the payment of the meal fee.
The proceedings has shown that the school obtains the data and processes them on the basis of the written consent of the parents or legal guardians. The solution has been in place since 1 April 2015. In the school year 2019/2020, 680 pupils use a biometric reader and four pupils - an alternative identification system.
In this case, it is important to stress that the processing of biometric data is not essential for achieving the goal of identifying a child’s entitlement to receive lunch. The school may carry out the identification by other means that do not interfere so much in the child’s privacy. Moreover, the school makes it possible to use the services of the school canteen not only by means of fingerprints verification, but also electronic cards, or by giving the name and contract number. Thus, in the school, there are alternative forms of identification of the child’s entitlement to receive lunch.
In the fined Primary School No. 2, in accordance with the lunch rules, available on the website of the school’s canteen, students who do not have biometric identification have to wait at the end of the queue until all the students with biometric identification enter the canteen. Once all the students with biometric identification have entered the canteen, the students without biometric identification are allowed to enter, one by one. In the opinion of the President of the UODO, such rules introduce unequal treatment of students and their unjustified differentiation, as they clearly favour students with biometric identification. Moreover, in the authority’s view, the use of biometric data, considering the purpose for which they are processed, is significantly disproportionate.
The President of the UODO, in the grounds of his decision, emphasised that children require special protection of personal data. Moreover, in the present case, the processed data constitute the data of special categories. The biometric system identifies characteristics which are not subject to change, as in the case of dactyloscopic data. Due to the unique and permanent character of biometric data, which means that they cannot change over time, the biometric data should be used with due care. Biometric data are unique in the light of fundamental rights and freedoms and therefore require special protection. Their possible leakage may result in a high risk to the rights and freedoms of natural persons.
To read the press release in Polish, click here
The Polish text of the decision is available here
nlDutch DPA fines Tennis Association
The Dutch DPA imposed a fine of EUR 525,000 on tennis association KNLTB for selling the personal data of its Members. In 2018, KNLTB unlawfully provided personal data of a few thousand of its members to two sponsors.
Boete voor tennisbond vanwege verkoop van persoonsgegevens
De Autoriteit Persoonsgegevens (AP) legt tennisbond KNLTB een boete op van 525.000 euro voor het verkopen van persoonsgegevens. De KNLTB heeft in 2018 onrechtmatig tegen betaling persoonsgegevens van een paar honderdduizend van zijn leden verstrekt aan twee sponsoren.
De Koninklijke Nederlandse Lawn Tennisbond (KNLTB) verstrekte de sponsoren persoonsgegevens zoals naam, geslacht en adres, zodat zij een selectie van KNLTB-leden konden benaderen met tennisgerelateerde en andere aanbiedingen. De ene sponsor ontving persoonsgegevens van 50.000, de andere van meer dan 300.000 leden. Die sponsors benaderden een deel van die KNLTB-leden per post of telefoon.
Verkoop van persoonsgegevens
Voor elke verwerking van persoonsgegevens moet de organisatie die ze verwerkt zich kunnen beroepen op één van de zes grondslagen uit de AVG. Bijvoorbeeld dat degene om wie het gaat toestemming heeft gegeven voor die verwerking. Verkoop van persoonsgegevens zonder toestemming van de persoon achter de gegevens is doorgaans verboden. De KNLTB vond dat hij een gerechtvaardigd belang had bij verkoop van de gegevens. De AP is het daarmee niet eens en heeft geoordeeld dat KNLTB geen grondslag had om die persoonsgegevens door te geven aan de sponsoren.
Klacht KNLTB over AP
Tijdens het onderzoek naar de KNLTB diende de tennisbond een klacht in tegen de AP, die de AP gegrond verklaarde. Die klacht ging over het optreden van AP-voorzitter Aleid Wolfsen in Nieuwsuur, op 17 december 2018. Daarin gaf Wolfsen aan dat de AP ‘een sportbond’ onderzocht. De AP heeft in reactie op deze klacht erkend dat zij in die uitzending de indruk heeft gewekt dat de handelwijze van KNLTB niet correct was, terwijl het onderzoek daarnaar nog liep. De KNLTB zag in die uitlatingen de schijn van vooringenomenheid en dat betreurt de AP. Op aanbeveling van de Nationale Ombudsman laat de AP hierbij weten dat de uitlatingen van Wolfsen ten onrechte vooruitliepen op de uitkomsten van het onderzoek.
Bezwaar KNLTB
De KNLTB heeft bezwaar gemaakt tegen het boetebesluit. De AP zal dit gaan beoordelen.
To read the full decision, click here
For further information, please contact the Dutch DPA: https://autoriteitpersoonsgegevens.nl/nl
itMARKETING: THE ITALIAN SA FINES TIM EUR 27.8 MILLION
The Italian SA (Garante per la protezione dei dati personali) fined TIM SpA EUR 27,802,496 on account of several instances of unlawful processing for marketing purposes. The infringements concerned on the whole millions of individuals.
From January 2017 to the beginning of 2019, the SA received hundreds of complaints regarding, in particular, unsolicited marketing calls that had been performed without any consent or in spite of the called parties’ inclusion in the public opt-out register; in yet other cases, the called parties had clearly denied their consent to receiving marketing calls. Allegedly unfair processing practices were also mentioned in the complaints with regard to prize competitions and the relevant forms as submitted by TIM to users.
Complex investigations were carried out also with the support provided by a specialised unit of the Italian Financial Police and brought to light a number of severe infringements of personal data protection legislation.
TIM were proven to be insufficiently familiar with fundamental features of the processing activities they performed (accountability).
In many cases out of the millions of marketing calls that had been placed in a six-month period with ‘non-customers’, the SA could establish that the call centre operators relied upon by TIM had contacted the data subjects in the absence of whatever consent. In one case, a person was contacted 155 times in one month. In about two hundred thousand cases, ‘off-list’ numbers – that is, numbers not included in TIM’s list of marketing numbers – had been called. Other types of illicit conduct were also found such as TIM’s failure to supervise the activities of some call centres or to properly manage and update their blacklists (listing individuals who do not wish to receive marketing calls), and the fact that consent to marketing activities was mandatory in order to join the ‘Tim Party’ incentive discount scheme.
Inaccurate, unclear data processing information was provided in connection with certain apps targeted to customers and the arrangements for obtaining the required consent were inadequate. In a few cases paper forms were to be filled in where a single consent statement was available in respect of different purposes including marketing.
The data breach management system proved ineffective as well and no adequate implementation and management systems were in place regarding personal data processing, which fell short of privacy by design requirements. TIM’s blacklists were found not to match those of the contractor call centres, and this also applied to the recordings of the ‘verbal orders’ - that is, the contracts stipulated on the phone. The numbers relating to other phone operators’ customers, which TIM held in their capacity as network provider, were stored for longer than permitted by the law and had been used for marketing campaigns without the customers’ consent.
As well as the fine, the Italian SA imposed 20 corrective measures on TIM including both prohibitions and injunctions. In particular, the SA banned TIM from using, for marketing purposes, the data of the users that had denied their consent to marketing calls when contacted by call centres, of the users included in the black lists, and of the ‘non-customers’ that had not given their consent.
The company is not permitted to use any longer the customer data that were collected via the ‘MyTim’, ‘TimPersonal’ and ‘TimSmartKid’ apps for purposes other than the provision of the relevant services without the users’ free, specific consent.
The injunctions issued by the Italian SA include the obligation for TIM to check consistency of their blacklists and to timely acquire those put together by call centres so as to update their own blacklists. TIM will have to reconsider the ‘TimParty’ scheme and enable customers to access discount schemes and prize competitions without having to consent to marketing activities. TIM will also have to check the app activation procedures; always specify, in clear and understandable language, the processing activities they perform along with the purposes and the relevant processing mechanisms; and obtain valid consent. TIM will have to implement technical and organisational measures in respect of data subject rights requests and enhance the measures to ensure quality, accuracy and timely updates of the personal data that are processed in their individual systems.
The measures and implementing arrangements imposed will have to be in place and notified to the Italian SA according to a specific timeline, whilst the fine will have to be paid within thirty days.
cyThe Cypriot Supervisory Authority banned the processing of an automated tool, used for scoring sick leaves of employees, known as the "Bradford Factor’’ and subsequently fined the controller
The Commissioner for Personal Data Protection (Cypriot SA) fined LGS Handling Ltd, Louis Travel Ltd and Louis Aviation Ltd (Louis Group of Companies) for a total amount of EUR 82,000.00, concerning the lack of legal basis of “Bradford Factor” tool, which was used to score sick leaves of employees.
The Commissioner launched an investigation after a complaint was lodged by the employees’ trade union.
The reasoning behind Bradford's Factor automated system for scoring employees' sick leave was that short, frequent, and unplanned absences lead to a higher disorganising of the company rather than longer absences.
The date and the frequency of a sick leave relating to an individual, insofar as his or her identity is directly or indirectly disclosed, entail the processing of "special categories of personal data", as defined under Article 9(1) of the GDPR. Providing personal data to an automated system, scoring the data using 'Bradford Factor', and profiling individuals based on the results, is considered as processing of personal data; therefore such a processing operation needs to be in line with the principles defined in the GDPR.
The controller carried out an impact assessment of the processing operation, and it was submitted to the Commissioner for consultation during the investigation. The Commissioner was of the opinion that the controller failed to demonstrate through the impact assessment that its legitimate interest prevailed over the interests, rights and freedoms of its employees and consequently the mitigation of the risks was inadequate.
In the course of the investigation, we made use of the possibility to raise legal questions to the other EEA SAs via the so called Mutual assistance procedure and received input from 25 authorities. The replies received validated the absence of legal basis of the said processing and highlighted the necessity to regulate such issues with specific rules in line with article 88 of the GDPR.
After assessing all the elements gathered for the purpose of the investigation, the Commissioner decided that such processing operation had no legal basis. Primarily, it had not been established that the legitimate interest of the controller overrides the interests, rights and freedoms of its employees, which would enable the controller to rely on article 6(1)(f) of the GDPR. Likewise, none of the provisions of Article 9(2) of the GDPR would apply in this case, enabling the controller to process health data of employees.
The controller, as the employer, was entitled to supervise the frequency of sick leaves and the validity of sick leaves certificates. However, such a perquisite should not lead to mishandling and should be applied within the limits set by the relevant legislative framework.
Having established such unlawful conduct, the Commissioner ordered the controller to interrupt the processing and delete all data collected. Moreover, a fine of €70.000 was imposed to LGS Handling Ltd, a fine of €10.000 was imposed to Louis Travel Ltd and a fine of €2.000 was imposed to Louis Aviation Ltd, in relation to the infringements of articles 6(1) and 9 of the GDPR.
When deciding on the amount of the administrative fines, due regard was given to the number of data subjects (818 employees in total), the nature and duration of the infringements and the relevant turnover of the companies.
The full decision in Greek is available here
For further information, please contact the Cypriot SA: commissioner@dataprotection.gov.cy
itTHE ITALIAN SUPERVISORY AUTHORITY FINES ENI GAS E LUCE EUR 11.5 MILLION - On account of unsolicited telemarketing and contracts
The Italian Supervisory Authority imposed two fines on Eni Gas and Luce (Egl), totalling EUR 11,5 million, concerning respectively illicit processing of personal data in the context of promotional activities and the activation of unsolicited contracts. The fines were determined in the light of the parameters set out in the EU Regulation, including the wide range of stakeholders involved, the pervasiveness of the conduct, the duration of the infringement, and the economic conditions of Egl.
The first fine of EUR 8,5 million relates to unlawful processing in connection with telemarketing and teleselling activities as found during inspections and inquiries that were carried out by the Authority following several dozens of alerts and complaints received in the immediate aftermath of the full application of the GDPR.
The verifications revealed a limited number of cases, which however pointed to ‘systematic’ conduct by Egl and highlighted serious criticalities with regard to the general processing of data.
The violations brought to light include advertising calls made without the consent of the contacted person or despite that person’s refusal to receive promotional calls, or without triggering the specific procedures for verifying the public opt-out register; the absence of technical and organisational measures to take account of the indications provided by users; longer than permitted data retention periods; and the acquisition of the data on prospective customers from entities (list providers) that had not obtained any consent for the disclosure of such data.
Having declared the conduct detected as unlawful, the Italian SA ordered Egl to put in place procedures and systems in order to verify, also by examining a large sample of customers, the consent of the persons included in the contact lists prior to the start of promotional campaigns. Egl will also have to ensure full automation of data flows from its database to the company’s own black list, i.e., the list of those who do not wish to receive advertising.
The Italian SA further prohibited the company from using the data made available by the list providers if the latter had not obtained specific consent for the communication of such data to Egl.
The second fine of EUR 3 million concerns breaches due to the conclusion of unsolicited contracts for the supply of electricity and gas under ‘free market’ conditions. Many individuals complained to the Authority that they learned about the conclusion of a new contract only on receiving the letter of termination of the contract with the previous supplier or else the first Egl bills. In some cases, the complaints reported incorrect data in the contracts and forged signatures.
About 7200 consumers were affected by the above serious irregularities. The Authority’s findings showed that the conduct of Egl in acquiring new customers through certain external agencies operating on its behalf led, in organisational and managerial terms, to processing activities in breach of the EU Regulation as they violated the principles of data fairness, accuracy and up-to-dateness.
Having established such unlawful conduct, the Italian SA ordered Egl to take several corrective measures and to introduce specific alerts in order to detect various procedural anomalies.
Implementation of the above measures will have to take place and be communicated to the Authority within a set timeframe, while the fines will have to be paid within 30 days.
To read the press release in Italian, click here
For further information, please contact the Italian SA: garante@garanteprivacy.it
grInvestigation regarding access to and inspection by the employer of an employee’s emails on a company server, illegal installation and operation of a closed-circuit video-surveillance system and infringement of the right of access
The Ηellenic DPA in response to a complaint conducted an investigation regarding the lawfulness of personal data processing on a server of ‘ALLSEAS MARINE S.A.’, as well as the lawfulness of access to and inspection of deleted emails of a senior manager for whom there was suspicion that he had committed unlawful acts against the company’s interests.
The Authority found that the company as a controller had complied with the requirements of the GDPR and that its internal policies and regulations provided for a ban on the use of the company’s electronic communications and networks for private purposes, and for the possibility of carrying out internal inspections. The company therefore had a legal right under Articles 5(1) and 6(1)(f) of the GDPR to carry out an internal investigation searching and retreating employee’s emails.
The DPA, on the other hand, found that the closed-circuit video-surveillance system had been installed and operated illegally and, in addition, the recorded material submitted to the Authority was considered to be illegal.
Finally, the Authority found that the company did not satisfy the employee’s right of access to his personal data contained in his corporate PC.
Following the finding that the GDPR had been infringed, the Authority decided in this particular case to exercise its corrective powers under Article 58(2) of the GDPR by means of corrective measures, and decided to:
i) order the company to comply immediately with the complainant’s request to exercise his right to access and information concerning his personal data stored in the company’s computer that the complainant used, and inform the Authority thereof;
ii) ensure within one (1) month of receipt of the decision that the processing operations which take place by means of its video surveillance system comply with the provisions of the GDPR, and inform the Authority thereof, and, in particular:
(a) restore the application of the provisions of Article 5(1)(a) and (2) of the GDPR in accordance with the grounds of the judgement;
(b) also restore the application of the other provisions of subparagraphs (b) to (f) of Article 5(1) of the GDPR in so far as the infringement found affects the internal organisation and compliance with the provisions of the GDPR by taking all necessary measures under the principle of accountability;
iii) impose on the company an effective, proportionate and dissuasive administrative fine, as appropriate in the case of illegal installation and operation of a closed-circuit video-surveillance system, in accordance with the specific circumstances of this case, amounting to fifteen thousand euros (EUR 15,000.00).
Decision 43/2019 is available in Greek on www.dpa.gr “Decisions”
For further information, please contact the Hellenic DPA: contact@dpa.gr
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How Do You Responsibly Close a Diamond Mine?
Much of the conversation about ethics in the diamond industry focuses on the process of operating a mine — but it's just as important to consider what happens when one closes.
Whitney Bauck
Orapa, the world's largest open-pit diamond mine by area, located in Botswana. Photo: Sophie Elgort/Courtesy of Forevermark
When Kanye West dropped the music video for "Diamonds from Sierra Leone" in 2005, he was inviting viewers to engage with perhaps the most salient fashion ethics issue of the mid-aughts: conflict diamonds. His video, filled with images of blood-spurting diamond jewelry and forlorn-looking child miners, provided a graphic introduction to the moral questions embedded in our supply chains.
But if he was remaking the video today, it's likely that West's focus would be different. Conflict-free gem certifications are now so common that they're often taken for granted, and these days, the diamond debate is more likely to focus on lab-grown versus naturally-mined varieties or the environmental impact of mining.
A crucial but often-overlooked part of the equation in both 2005 and today, though, has to do less with the process of operating a diamond mine than it does with shutting one down. What happens to a mine — and the people and ecosystems it touches — when it ceases operations?
"For me it's almost like the question," says Katie Fergusson, SVP of Social Impact at De Beers Group, one of the largest diamond mining companies in the world, on the phone. "We need to be planning for closure right from the design of the mine."
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This planning is crucial for a couple of reasons, the first being that mines represent an inherently limited resource. Unlike a clothing factory, which could theoretically run indefinitely, a diamond mine has a built-in, if somewhat flexible, expiration date. Once there are no more diamonds to be found in the ground — or just too few to keep the mine economically viable for the company running it — it will be closed. Even if a diamond lasts forever, the mine it came from won't.
The second reason planning ahead is crucial is that closing a diamond mine isn't quite as simple as shuttering something like an apparel factory. Diamond mines mark the landscapes they inhabit as noticeably as something like a mountain or lake would, which means that opening and closing them can have serious ramifications for natural ecosystems.
Dr. Lindsay A. Bell, an anthropologist at Western University, has extensively studied the impacts of mining in northern Canada. From her perspective, part of responsibly closing a mine means accounting for gaps in current environmental knowledge.
"We don't know the consequences of some of these things because it's the first time these operations have worked on this scale," she says on the phone. "One region I worked in was a gold mine region from about the '30s to the '90s. There are high levels of arsenic in the soil now... all those [mining] companies have gone out business, so now it's the government's problem."
Though gold mining and diamond mining don't necessarily have the same environmental impact, Dr. Bell's point is that properly caring for the environment means having a plan in place for years or even decades down the line in case unforeseen issues arise.
"Saying 'we'll just put the trees [that were there before the mine] back,' maybe that's okay, but will the ducks come back, will the wildlife repopulate?" she asks. "In the case of the Arctic where people actually rely on some of the animals for food, that's quite serious."
The De Beers-operated Oaks Mine in South Africa was officially closed in 2008. The image on the left is an aerial view of the mine in 1999 shortly after it began operations, while the image on the left depicts the mine site in 2011, after a few years of rehabilitation. Photos: Courtesy of Forevermark
Dr. Ian Power, an environmental geoscientist at Trent University, is currently looking for solutions that might help diamond mines not just minimize their negative impact, but actually turn their waste byproducts into an environmental boon.
"I've been working with [University of British Columbia researcher] Greg Dipple on seeing how that waste product could be used to sequester carbon dioxide," Dr. Power says in a phone interview.
How might that work? To mine any material, you have to dig up a lot of ore that the material is embedded in. The leftover rock is treated as waste, called a mine's "tailings," which the mining company has to figure out how to dispose of. Depending on what you're mining, those tailings might generate acid or other substances that can contaminate watersheds, and therefore have to be contained in sealed storage facilities, a little bit like landfills.
But Dr. Power and his fellow researchers have proven that some kinds of mine tailings also have the potential to capture carbon dioxide, one of the greenhouse gases contributing to global warming. This occurs naturally through the weathering that happens when rainwater reacts with certain mineral surfaces, which means that mining's habit of breaking up rock — resulting in more surface area for those chemical reactions to take place — can encourage more carbon capture than would've naturally occurred. Power and his colleagues are looking at ways to potentially speed up this process even further. If they succeed, the hope is that they could help mines partially or fully offset their carbon emissions through proper tailings management.
Dr. Power is quick to admit that this science is still in the experimental stage. "I don't want to give the impression that we're going towards full-scale implementation next year or something like that," he says. But he hints that his research, which is partially funded by diamond companies, might not be possible if it weren't for the fact that diamond sellers have a financial incentive to prove they're working to shrink their ecological impact.
"The diamond industry is unique [among mining industries] in that they do sell this luxury product, so they see the reputational benefits of trying to be a responsible company, trying to reduce their brand's emissions," he notes. "They recognize that millennials... want ethical diamonds [from] companies that are trying to minimize their impact on the environment."
Raw diamonds at the De Beers polishing and sorting headquarters in Gaborone, Botswana. Photo: Sophie Elgort/Courtesy of Forevermark
At De Beers, responding to this consumer demand for "ethical diamonds" means monitoring noise pollution and water and air quality throughout the entire time a mine is operating, rather than just starting to monitor those things when it's time to close. At each mine the company operates, Fergusson says, there are teams dedicated to keeping track of these different metrics on a day-to-day basis.
"You shouldn't be getting to the end [of a mine's existence] and suddenly have these really significant environmental liabilities to remediate, which is what would have happened in mining about 50 to 100 years ago," says Fergusson.
As important as it is that mining companies take ownership of their environmental footprint by monitoring it and paying for any remediation efforts needed, Dr. Bell would also add that true responsibility involves bringing in a third-party source to verify that due diligence has been done. Just as the fashion industry has learned that self-regulation rarely works when it comes to keeping factories safe, mines need to be evaluated by independent reviewers to make sure they're really doing all they should be with regards to environmental responsibility.
Ecological concerns are just one side of the coin when it comes to mine closure, though. There's plenty to keep in mind from a social standpoint, too: Mines can be such capital-rich endeavors that whole nations may come to depend on the income they generate and the jobs they create.
A sign at Orapa, Botswana's largest diamond mine. Photo: Sophie Elgort/Courtesy of Forevermark
In Botswana, for example, which is one of the world's largest suppliers of rough diamonds, the stones account for nearly a fourth of the nation's GDP, according to the CIA's World Factbook. On the positive side, that means that the diamond industry has helped Botswana to go from being one of the world's poorest countries when it gained independence in 1966 to being one of the most economically stable countries in Africa today.
The shadow side of this, though, is that any slowdown or shutdown of mines has the potential to hurt the country's economy in a significant way. A similar effect can be seen on a micro level. Mini economies often spring up around a mine, which can go from being a hole in "the middle of nowhere" to a bustling hub of activity and commerce in a very short span of time.
For a mine to suddenly close down when a small community or whole nation depends on the income it generates can be devastating.
"When a town has grown up around one industry and therefore is entirely dependent on that industry either through direct employment or through the suppliers and services who indirectly supply it, if that industry suddenly disappears over a very short time span, the effect of that is very long term," says Fergusson. "It's very hard for that community to come back from that."
To combat these forces, similar to the ones that created ghost towns after the Gold Rush petered out in the US, De Beers prioritizes open and honest communication with its employees about how long a mine might be around at least a full year before closure, according to Fergusson. It also connects current employees to job training resources, provides interview training and creates financial planning programs to try and prepare employees to transition out of mine work into whatever's next for them.
At Victor, a De Beers-operated mine in Canada that shut down this year, the company hosted a job fair that Fergusson described as "hugely successful" in placing a "majority" of former mine employees in new non-mining positions. (What percentage, exactly, she didn't know.) De Beers' aggregation, cutting and polishing facility, which processes diamonds from all over the world, was relocated from London to Botswana to create more jobs that aren't directly dependent on Botswana's own mining output.
A diamond sorter at work in Gaborone, Botswana. Photo: Sophie Elgort/Courtesy of Forevermark
Still, Dr. Bell would caution any onlooker to ask how risk is being distributed when looking at the potential social costs involved in mining, especially after the mine has closed and the company behind it has packed up and left.
"Within a country like Canada, it's continuously Indigenous people who are being exposed to the highest risk," she says. "Sure, they might be getting more jobs or interesting opportunities, but if all of our policies continuously put them at the highest risk, then we have a problem. If I'm not willing to put my own son's future in mining, why would I think that's okay for some other Canadians just because they’re Indigenous Canadians?"
Listening to the groups of people whose lives will be most affected by the opening, operation and closure of mines is crucial in figuring out how to manage any of it responsibly, says Dr. Bell. That means engaging local stakeholders deeply and over long periods of time, rather than having one open mic night where locals are invited to share their concerns. It means understanding that many people who live in the vicinity of a mine, even if they're not directly employed by it, are affected by the presence and eventual closure of a mine — and therefore they should have some share in any benefit that a mine brings to an area, whether that's a better road or a better school.
And it also means taking people seriously when they say that the economic benefit of having a mine in or near their town, even if only for a few decades, is worth the risks associated with it.
Dr. Bell says Botswana's model, in which all De Beers mines are co-owned by the national government, is probably one of the best ways to make sure that the process of closing a mine is held accountable to social, and not just corporate, interests. As long as there's no way for a corporation to pull out and eventually leave the government to deal with any leftover problems alone, she says, that kind of 50-50 partnership makes a lot of sense.
"I think it's somewhat naive to just be against mining, and it wouldn't make me popular with the people in the communities that I work with," she says. Rather than advocating the end of mining entirely, she says, "We need to extend [corporate] responsibility way past closure so that you can really see the true effects of those big projects."
Disclosure: Forevermark, a De Beers-owned company, provided my travel and accommodations to visit the Orapa mine in Botswana.
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Director Hayao Miyazaki Confirms Theory on Princess Mononoke
Sergio Vieira | January 29, 2016 | Entertainment | No Comments
“I thought I had to depict people who are ill with what’s clearly called an incurable disease, but who are living as best they can,” Hayao Miyazaki said, referring to characters in the Tatara factory scene.
Anime director Hayao Miyazaki said Jan. 28 he depicted leprosy patients in “Mononoke Hime” (Princess Mononoke) based on his “shocking” visit to a sanitarium near his home in western Tokyo.
One scene in the 1997 hit film features people swathed in bandages. Although these characters are not clearly defined as Hansen’s disease patients, Miyazaki said, “I wanted to portray people who were living with what was said to be an incurable disease caused by bad karma.”
The 75-year-old director made the remarks during a speech at the International Symposium on Leprosy/ Hansen’s Disease History as Heritage of Humanity in Tokyo.
The three-day conference through Jan. 30 is discussing how to preserve the history of facilities for leprosy patients.
Miyazaki said he was shocked when he visited the National Hansen’s Disease Sanatorium Tama Zenshoen in Tokyo’s Higashi-Murayama located close to his home. He described it as “a place where deep suffering has accumulated.”
After the speech, the director attended a news conference where he expressed opposition to constitutional revision pushed by Prime Minister Shinzo Abe.
“We cannot say ‘let’s abandon the pacifist Constitution’ while those who underwent hard times during war are still alive,” Miyazaki said. “Even if we should amend the Constitution, we should be the last country in the world to do it.”
Miyazaki also said Japan should move away from its dependence on nuclear power and come up with alternative energy sources.
“We should sustain ourselves without restarting nuclear power plants,” he said. “We should conceive a different plan without using nuclear plants and relying on oil.”
Tags:Hayao Miyazaki, Mononoke Hime, Princess Mononoke
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Excelsior Mining Completes All Ponds at the Gunnison Copper Project
Phoenix, Arizona--(Newsfile Corp. - September 10, 2019) - Excelsior Mining Corp. (TSX: MIN) (FSE: 3XS) (OTCQX: EXMGF) ("Excelsior" or the "Company") confirms the successful completion of all ponds essential for production at the Gunnison Copper Project in southern Arizona. Excelsior remains on-schedule for first copper production in Q4 2019.
The Gunnison Copper Project has six major ponds represented by five types: Pregnant Leach Solution (PLS), raffinate, evaporation, utility and draindown ponds. Some ponds are retrofits of existing ponds, while others are completely new constructions.
Stephen Twyerould, President & CEO, said, "The successful installation of all the ponds signifies the completion of a major construction milestone. We are pleased with our progress to date and we look forward to unlocking the incredible economic benefits for local and state communities as we bring our project into production later this year."
Together, the PLS and raffinate ponds provide a closed-loop system for circulating mining fluids between the JCM production facilities and the wellfield. Excelsior recently completed the pipeline corridor that contains 18" and 20" diameter PLS and raffinate lines (See Excelsior Mining News Release - August 27, 2019).
Excess solution will be transferred to the evaporation pond. Excelsior's federal operating permit requires a bleed in excess of recovered solutions in order to maintain hydraulic control of wellfield operations. This bleed will be delivered to the evaporation pond for mechanically assisted evaporation.
Additionally, there is a new utility pond that will be able to accept either raffinate or PLS solutions to give operational flexibility; and there is also a newly constructed pipeline draindown pond that will capture any solutions should we need to perform maintenance on the pipeline.
Pond Name & Type Capacity Date Completed (2019)
Pipeline Draindown Pond 342,000 gallons May
Gunnison PLS Pond 10.7 million gallons July
Evaporation Pond 49.4 million gallons July
JCM Raffinate Ponds 3.4 million gallons August
JCM PLS Pond and Draindown Cell 4.4 million gallons August
Utility Pond 7.1 million gallons September
Excelsior "The Copper Solution Company" is a mineral exploration and development company that is advancing the Gunnison Copper Project in Cochise County, Arizona. The project is an advanced staged, low cost, environmentally friendly in-situ recovery copper extraction project that is fully-permitted to 125 million pounds per year of copper cathode production. The Feasibility Study projected an after-tax NPV of US$ 807 million and an IRR of 40% using a US$ 2.75 per pound copper price and a 7.5% discount rate.
Excelsior's technical work on the Gunnison Copper Project is supervised by Stephen Twyerould, Fellow of AUSIMM, President & CEO of Excelsior and a Qualified Person as defined by National Instrument 43-101. Mr. Twyerould has reviewed and approved the technical information contained in this news release.
Additional information about the Gunnison Copper Project can be found in the technical report filed on SEDAR at www.sedar.com entitled: "Gunnison Copper Project, NI 43-101 Technical Report, Feasibility Study" dated effective December 17, 2016.
For more information on Excelsior, please visit our website at www.excelsiormining.com.
This news release contains "forward-looking information" concerning anticipated developments and events that may occur in the future. Forward looking information contained in this news release includes, but is not limited to, statements with respect to: (i) the results of the Feasibility Study, including operating and capital cost estimates and the economic benefits from the Gunnison Copper Project; (ii) the details of the various construction activities that are being or will be undertaken on the Gunnison Copper Project and their timeline for completion; (iii) the schedule for the commencement of commercial production; and (iv) the ability to mine the Gunnison Copper Project using in-situ recovery mining techniques.
In certain cases, forward-looking information can be identified by the use of words such as "plans", "expects" or "does not expect", "budget", "scheduled", "estimates", "forecasts", "intends", "anticipates" or "does not anticipate", or "believes", or variations of such words and phrases or state that certain actions, events or results "may", "could", "would", "might", "occur" or "be achieved" suggesting future outcomes, or other expectations, beliefs, plans, objectives, assumptions, intentions or statements about future events or performance. Forward-looking information contained in this news release is based on certain factors and assumptions regarding, among other things, the estimation of mineral resources and mineral reserves, the realization of resource and reserve estimates, copper and other metal prices, the timing and amount of future development expenditures, the estimation of initial and sustaining capital requirements, the estimation of labour and operating costs, the progress of construction activities, receipt of and compliance with necessary regulatory approvals, the estimation of insurance coverage, and assumptions with respect to currency fluctuations, environmental risks, title disputes or claims, and other similar matters. While the Company considers these assumptions to be reasonable based on information currently available to it, they may prove to be incorrect.
Forward looking information involves known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by the forward-looking information. Such factors include risks inherent in the construction of mineral deposits, including risks relating to changes in project parameters as plans continue to be redefined including the possibility that mining operations may not commence at the Gunnison Copper Project, risks relating to variations in mineral resources and reserves, grade or recovery rates, risks relating to the ability to access infrastructure, risks relating to changes in copper and other commodity prices and the worldwide demand for and supply of copper and related products, risks related to increased competition in the market for copper and related products, risks related to current global financial conditions, uncertainties inherent in the estimation of mineral resources, access and supply risks, reliance on key personnel, operational risks inherent in the conduct of mining activities, including the risk of accidents, labour disputes, increases in capital and operating costs and the risk of delays or increased costs that might be encountered during the construction process, regulatory risks, financing, capitalization and liquidity risks, risks related to disputes concerning property titles and interest, environmental risks and the additional risks identified in the "Risk Factors" section of the Company's reports and filings with applicable Canadian securities regulators.
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Liga MX Guard1anes Playoff Round 16
North & Central America (Concacaf)
South America (Conmebol)
South American Games
Segunda B Group I-GRP. A
Segunda B Group I-GRP. B
Segunda B Group II-GRP. A
Segunda B Group II-GRP. B
Segunda B Group III-GRP. A
Segunda B Group III-GRP. B
Segunda B Group Iv-GRP. A
Segunda B Group Iv-GRP. B
Segunda B Group V-GRP. A
Segunda B Group V-GRP. B
# Sun 12 Jul, 09:30
FC Energetik-BGU Minsk 1 - 8 RUKH Brest
FC Energetik-BGU Minsk vs RUKH Brest Summary
Scored
Conceded
Home Win
Away Win
Home Lost
Away Lost
FC Energetik-BGU Minsk 11 20 11 17 11 233% 466% 218% 133% 266%
RUKH Brest 8 22 16 15 13 360% 240% 743% 375% 125%
FC Energetik-BGU Minsk vs RUKH Brest head 2 head
K/O
12 Jul 09:30 09:30, 12 Jul fin
FC Energetik-BGU Minsk
HT: 0-4 FT: 1-8
RUKH Brest
Premier League league table
1 Shakhter Soligorsk 9 5 2 2 17 5 17 8 4 4 0 12 4 16 17 9 6 2 29 9 33 20 1.7
2 Bate Borisov 9 4 3 2 11 7 15 8 5 1 2 19 11 16 17 9 4 4 30 18 31 12 1.8
3 FC Neman Grodno 8 6 1 1 15 6 19 7 3 1 3 7 7 10 15 9 2 4 22 13 29 9 1.5
4 Dinamo Brest 8 4 1 3 17 12 13 8 4 1 3 14 8 13 16 8 2 6 31 20 26 11 1.9
5 Torpedo Zhodino 8 5 1 2 10 8 16 9 2 4 3 11 12 10 17 7 5 5 21 20 26 1 1.2
6 Dinamo Minsk 8 4 1 3 7 4 13 8 3 1 4 13 9 10 16 7 2 7 20 13 23 7 1.3
7 FC Isloch Minsk Raion 9 5 2 2 14 10 17 8 2 0 6 5 13 6 17 7 2 8 19 23 23 -4 1.1
8 RUKH Brest 8 3 2 3 7 7 11 8 2 5 1 8 6 11 16 5 7 4 15 13 22 2 0.9
9 FC Vitebsk 7 3 3 1 8 6 12 9 2 4 3 9 12 10 16 5 7 4 17 18 22 -1 1.1
10 Slavia Mozyr 8 3 3 2 10 10 12 9 3 1 5 11 19 10 17 6 4 7 21 29 22 -8 1.2
11 FC Energetik-BGU Minsk 4 2 1 1 10 5 7 7 4 1 2 7 6 13 11 6 2 3 17 11 20 6 1.5
12 FC Slutsk 8 2 3 3 10 10 9 8 3 0 5 9 16 9 16 5 3 8 19 26 18 -7 1.2
13 Gorodeya 8 2 2 4 7 11 8 9 2 2 5 8 17 8 17 4 4 9 15 28 16 -13 0.9
14 FC Minsk 7 2 2 3 9 14 8 7 2 1 4 8 13 7 14 4 3 7 17 27 15 -10 1.2
15 Smolevichi 9 3 2 4 16 17 11 7 3 4 4 9 3 16 3 5 8 20 26 14 -6 1.3
16 Belshina Bobruisk 9 1 2 6 7 19 5 8 1 2 5 7 16 5 17 2 4 11 14 35 10 -21 0.8
17 FC Energetik-Bgatu Minsk 3 2 0 1 5 2 6 2 1 0 1 1 2 3 5 3 0 2 6 4 9 2 1.2
FC Energetik-BGU Minsk Last Games
- + 0 - + - + - 0 - - 0 - + + - 0 + + 0 + - + + + + 0 - - 0 + +
FC Minsk
Bate Borisov
FC Energetik-BGU Minsk 1
26 Jun 10:00 10:00, 26 Jun fin
Slavia Mozyr
Belshina Bobruisk
Shakhter Soligorsk
31 May 09:00 09:00, 31 May fin
FC Isloch Minsk Raion
Dinamo Brest
RUKH Brest Last Games
- - + + - - 0 + 0 0 + 0 0 - 0 - 0 + +
Slavia Mozyr 1
RUKH Brest 1
FC Slutsk
FC Energetik-BGU Minsk Results
RUKH Brest Results
FC Energetik-BGU Minsk Goals
RUKH Brest Goals
FC Energetik-BGU Minsk Strength
calculated by the robot
RUKH Brest Strength
FC Energetik-BGU Minsk Goals (Last 30 games)
Total Scored: 62. Total Conceded: 47
RUKH Brest Goals (Last 30 games)
FC Energetik-BGU Minsk Scorers (Last 15 games)
David Tweh 0 0 1 0 0 0 0 0 0 1 0 0 0 1 0 3
Djasur Yakhshibaev 0 0 0 0 0 0 0 0 1 0 0 0 0 2 0 3
Ilya Shkurin 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2
Yakhshibaev 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2
Shakhboz Umarov 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 2
Vasili Sovpel 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 2
Aleksey Nosko 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1
Artem Shkurdyuk 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1
Danil Poluboyarinov 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1
Yevgeniy Yudchits 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1
Vasiliy Sovpel 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1
Tweh 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1
Jasurbek Yakhshiboev 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1
Bakic 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1
Yudchits 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1
Yegeniy Yudchits 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1
Dusan Bakic 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1
RUKH Brest Scorers (Last 15 games)
Abdoulaye Diallo 0 0 0 0 0 0 0 0 0 1 1 0 1 1 0 4
Sedko 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 2
Vladislav Vasiljev 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0 2
Kolpachuk 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1
Vasiljev 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1
Grechikho 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1
Andronic 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1
Yaroslav Oreshkevich 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1
Egor Bogomolskiy 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1
FC Energetik-BGU Minsk Bad Boy (Last 30 games)
Aleksandr Svirepa 04.07.2020
Dusan Bakic 26.06.2020
Yegeniy Yudchits 31.05.2020
Mosahanian 08.05.2020
Svirepa 01.05.2020
Eugene Swen 16.08.2019
Arseni Kontsedailov 16.08.2019
Artem Shkurdyuk 16.08.2019
RUKH Brest Bad Boy (Last 30 games)
Oleksiy Kovtun 14.06.2020
Vasiljev 09.05.2020
Tikhonovskiy 26.04.2020
Diallo 13.04.2020
Game Prediction
calculated by the bots
Bot2
FC Energetik-BGU Minsk 1.50 0.83 1.43 0.89 0.88
RUKH Brest 1.17 0.83 1.49 0.80 0.75
FC Energetik-BGU Minsk vs RUKH Brest
The match of 17th round between FC Energetik-BGU Minsk и RUKH Brest will take place at RCOP BGU Stadium on 12 July 2020, Sunday.
The teams are close in the league table, the difference between their points is only 2 points.
FC Energetik-BGU Minsk takes the 11th position in the league table with 20 points. This is the 11th of 32 team game in the tournament.
The difference with the nearest team on top is 2 points (FC Energetik-BGU Minsk can score 63 points). The distance from the bottom league record is 11 points. The nearest pursuer is 2 points lower and has the opportunity to score 48 points additionally. The goal difference is 17:11. The FC Energetik-BGU Minsk defensive line is one of the TOP-4 in the tournament.
RUKH Brest takes the 8th position in the league table with 22 points. This is the 16th of 32 team game in the tournament.
The difference with the nearest team on top is 1 point (RUKH Brest can score 48 points). In addition, the distance from the TOP-4 is 4 points (48 points are possible). The nearest pursuer has the same number of points with RUKH Brest and can score 48 points. The goal difference is 15:13.
FC Energetik-BGU Minsk Stats
The team scored 17 points оn its own field in 10 last matches, with the following results 5 wins, 2 draws and 3 losses. The difference between scored and conceded goals is 24-22. The average number of goals is 2.4. The average number of cards in 10 last matches is 3.
Leading players in the last 15 matches in all tournaments: David Tweh (3), Djasur Yakhshibaev (3), Ilya Shkurin (2), Yakhshibaev (2), Shakhboz Umarov (2), Vasili Sovpel (2), Aleksey Nosko (1).
Manager: Vladimir Belyavskiy
RUKH Brest Stats
The team scored 17 points when playing away in 10 last matches, with the following results 4 wins, 5 draws и 1 loss. The difference between scored and conceded goals is 18-8. The average number of goals is 1.8. The average number of cards in 10 last matches is 3.
Leading players in the last 15 matches in all tournaments: Abdoulaye Diallo (4), Sedko (2), Vladislav Vasiljev (2), Kolpachuk (1), Vasiljev (1), Grechikho (1), Andronic (1).
Manager: Aleksandr Sednev
5 June 2020, 22:31 freesupertips.com
Isloch vs Rukh Brest predictions for Saturday's match in the Belarus Premier League. Mid-table sides Isloch and Ruh Brest lock horns in the Belarus Premier League this weekend.
3 June 2020, 14:10 leaguelane.com
Dynamo is 6th in the table with 16 points in the 11 matches so far. They ended a two-match losing run with the recent win against Rukh Brest away from home.
31 May 2020, 06:27 freesupertips.com
Rukh Brest v Dinamo Brest predictions for Sunday's Belarusian Premier League clash at the Yunost Stadium. Can these two evenly matched sides be separated?
29 May 2020, 11:00 sportsmole.co.uk
Rukh Brest head into the derby showdown with Dinamo Brest having put together a seven-match unbeaten streak in the Belarusian top flight.
29 May 2020, 06:31 leaguelane.com
There is only one point between these two sides. The hosts are 7th in the table with 3 wins and 2 defeats in 10 matches.
Two struggling sides in the Belarusian Premier League lock horns on Friday evening as Gorodeya welcome Neman to the Gorodeya Stadium.
Torpedo-BelAZ have the perfect opportunity to get their Belarusian Premier League title charge back on track when they face strugglers Smolevichi on Friday.
Slutsk vs Rukh Brest predictions for Saturday's Belarus Premier League clash at City Stadium. Slutsk hope to get back to winning ways in the Belarus Premier League when they host Rukh Brest on Saturday.
Slutsk was 11th in the previous edition of the Premier League. But after 9 rounds they are 4 th in the table, just 2 points away from a Europa League qualification spot.
Slutsk play host to Rukh Brest on Saturday afternoon looking to end their two-match losing streak in the Belarusian top flight.
We could be in for a one-sided affair this Thursday as Zhodino travels to Grodno. The visitors have taken us by surprise this season.
Rukh Brest v Smolevichi predictions for Sunday's Belarus Premier League clash. Struggling Smolevichi are still looking to claim their first win of the league season.
Rukh Brest welcome Smolevichi to the Yunost Stadium on Sunday evening looking to extend their unbeaten streak in the Belarusian top flight to six matches.
Both these teams are new in this top flight after being promoted from the First League at the end of the last season.
8 May 2020, 17:12 freesupertips.com
Neman Grodno vs Rukh Brest predictions for Saturday's Belarus Premier League clash. Rukh Brest hope to extend their promising start to their debut Belarus Premier League campaign when they visit Neman Grodno on Saturday.
FK Gorodeya vs FC Minsk predictions for Friday's Belarus Premier League clash. Minsk look to bounce back from defeat last weekend when they face Gorodeya in Friday's Belarus Premier League clash.
7 May 2020, 10:19 sportsmole.co.uk
Neman will be aiming to bounce back from their 3-1 defeat against 15-time Vysheyshaya Liga champions BATE Borisov as they prepare to welcome Rukh Brest to the Stadyen Nyoman on Saturday.
6 May 2020, 12:51 leaguelane.com
Igor Kovalevich's men have a great record at home for the past six months, and they easily have been the best squad in front of the home crowd in 2020.
Gorodeya and FC Minsk will be seeking a return to winning ways in the Belarusian Premier League when they face off at Gorodeya Stadium on Friday.
Rukh Brest vs FK Gorodeya predictions for Saturday's Belarus Premier League clash. Gorodeya hope to bounce back when they visit Rukh Brest in Saturday's Belarus Premier League tie.
30 April 2020, 07:01 sportsmole.co.uk
Slutsk will be looking to continue their impressive start to the 2020 Belarusian Premier League season when they travel to Dinamo Minsk this weekend.
Rukh Brest and Gorodeya will meet for the first time in their respective histories on Saturday afternoon. The majority of football across the globe has been called off due to the coronavirus outbreak, but the Belarusian Premier League is continuing, and the second of three fixtures on Saturday will see the recently-formed Rukh welcome Gorodeya to the Yunost Stadium.
29 April 2020, 18:03 leaguelane.com
Aleksandr Sednyov's men are a new team in this competition, and this lack of experience will affect their chances for a win this weekend.
25 April 2020, 16:51 freesupertips.com
Torpedo Zhodino vs Rukh Brest predictions for Sunday's Belarus Premier League clash. Torpedo Zhodino hope to return to the top of the Belarus Premier League when they face the newly promoted Rukh Brest.
It's clear that both teams are struggling to score goals in the contest this season. Henceforth, we can expect only a couple of goals in the match at Zhodino.
Rukh Brest vs FC Minsk predictions for Saturday's Belarus Premier League clash. Minsk hope to break out of their losing streak when they face Belarus Premier League newcomers Rukh Brest.
Andrey Razin's men had begun the season on the right note, but had to take on two major teams in the past two game-weeks, which put a halt to their impressive run.
Slavia Mozyr vs Rukh Brest predictions for Monday's Belarus Premier League clash. Belarus Premier League newcomers Rukh Brest hope to bounce back when they visit Slavia Mozyr on Monday afternoon.
With 3 rounds completed Rukh is already near the bottom of the table. After starting the season off to a win against Dinamo Minsk they are currently on a 2 match losing streak.
8 April 2020, 13:26 leaguelane.com
Gorodeja will have a hard time keeping the visitors at bay. With their better form in the last season than the host, Dinamo Minsk will be the favorites to win at Gorodeya.
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2.04 | 3.18 | 4.17
11.64 | 5.95 | 1.27
1.24 | 7.11 | 11.05
Tue 19 Jan, 12:30
Wed 20 Jan, 09:00
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Saudi FM says ‘final agreement’ in Qatar crisis within reach
by: JON GAMBRELL, Associated Press
Qatar’s Foreign Minister Sheikh Mohammed bin Abdulrahman Al Thani, left, and German Foreign Minister Heiko Maas, right, address the media after a meeting at the foreign office in Berlin, Germany, Wednesday, March 4, 2020. (Wolfgang Kumm/dpa via AP)
DUBAI, United Arab Emirates (AP) — The Saudi foreign minister on Friday expressed optimism the yearslong boycott of Qatar by four Arab nations, including the kingdom, may be nearing an end. His remarks came just hours after the top diplomat from mediator nation Kuwait described the ongoing talks over the crisis as “fruitful.”
However, the other three nations boycotting Qatar — Bahrain, Egypt and the United Arab Emirates — did not immediately acknowledge this burst of optimism. Over a year ago, a similar hope for an end to the dispute quickly faded.
However, the statement earlier in the day by Kuwait’s foreign minister marked the first time officials there have made a special televised communique on the Qatar crisis. And the Saudi acknowledgment appeared to signal that something was changing.
The boycott has torn apart the typically clubby Gulf Cooperation Council, a six-nation group comprised of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the UAE.
Qatar, an energy-rich nation that will host the 2022 FIFA World Cup, has seen its state-run Qatar Airways blocked from the boycotting nations’ airspace and its only land border to Saudi Arabia shut over the crisis.
Speaking to Italy’s annual Mediterranean Dialogues, Saudi Prince Faisal bin Farhan, the kingdom’s foreign minister, said: “We’ve made significant progress in the last few days.”
“We hope that this progress can lead to a final agreement which looks in reach, and I can say that I am somewhat optimistic that we are close to finalizing an agreement between all the nations in the dispute to come to a resolution that we think will be satisfactory to all,” the prince said.
That came just after Sheikh Ahmed Nasser Al Mohammad Al Sabah, Kuwait’s foreign minister, gave a brief statement as Kuwaiti state television began its 4 p.m. newscast. He said that discussions had been ongoing between parties under Kuwait’s new ruling emir, Sheikh Nawaf Al Ahmad Al Sabah, and President Donald Trump over the crisis.
“Fruitful discussions have taken place in the past period, where all parties affirmed their keenness on Gulf and Arab solidarity and stability and on reaching a final agreement that achieves the aspired permanent solidarity between their countries,” Sheikh Ahmed said, without elaborating.
Sheikh Ahmed also thanked Jared Kushner, Trump’s son-in-law and one of his senior advisers. Kushner and other American officials just traveled to Saudi Arabia and Qatar over the crisis in the waning days of the Trump administration.
Qatar’s foreign minister, Sheikh Mohammed bin Abdulrahman Al Thani, immediately wrote on Twitter that the Kuwaiti statement was an “imperative step towards resolving the GCC crisis.”
“We express our gratitude to the State of Kuwait for their mediation & the United States for their efforts,” Sheikh Mohammed wrote. “The interest and security of the people of the Gulf & the region remain our top priority.”
Oman, which also tried to mediate the dispute, welcomed the announcement in a statement carried by state television.
U.S. Secretary of State Mike Pompeo, speaking remotely to the International Institute for Strategic Studies’ annual Manama Dialogue, said he hoped any agreement between Qatar and the boycotting countries would be made on a “foundation that is lasting.”
“We are very hopeful that the dispute between the Saudis and the Qataris can be resolved,” Pompeo said. “We’re going to keep working to facilitate conversations and dialogues.”
“This needless crisis needs to come to an end,” said Sheikh Mohammed, speaking earlier to the Mediterranean Dialogues.
“There are some movements that we hope that this will put an end to this crisis,” he said. “We believe actually that Gulf unity is very important for the security of the region.”
Bahrain, Egypt, Saudi Arabia and the UAE cut ties to Qatar on June 5, 2017, just after a summit in Saudi Arabia in which Gulf leaders met with Trump. They say the crisis stems from Qatar’s support for extremist groups in the region, charges denied by Doha. Qatar has backed Islamists in the Mideast, something strongly opposed by the four Arab states.
The four nations also have pointed to Qatar’s close relationship with Iran, with which it shares a massive offshore gas field that provides the peninsular nation its wealth. Qatar restored full diplomatic ties to Iran amid the dispute. Sheikh Mohammed defended Qatar’s ties to both Iran and Turkey, which has a small military base in Doha, during his remarks.
Qatar is a valued partner of the U.S. Some 10,000 American troops are hosted at Qatar’s Al-Udeid Air Base, which also serves as the forward headquarters of the U.S. military’s Central Command.
More AP Top News Stories
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Jan. 16: Launch testing, graffiti art and the cost of workaholism
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Flying Squid with Goggles
One unlikely critter in flight, seeing the world through a lens
Southeast Alaska: Day 2, Stevens Passage and Dawes Glacier
On August 16, 2016 August 16, 2016 By flyingsquidwithgogglesIn Whales, Wildlife
Once aboard the Sea Lion and away from Juneau, we could cover a lot of territory on the ship. We moved south along the Stevens Passage, headed for the Tracy and Endicott Arms (fjords in the Tracy Arm-Fords Terror Wilderness.) The crew likely got some sort of tip about whales, because we continued south until we found a group of humpback whales near Gambier Bay.
Early whale sighting aboard the Sea Lion, 7:30 AM, August 1, 2016
These whales put on a great show, repeatedly diving and swimming by the ship, unconcerned (the officers had stopped the ship; we were essentially just drifting along, which is a pretty common safety measure among whale watching boats, although this was the largest ship I’ve been on to do this.)
A humpback whale (Megaptera novaeangeliae) strongly arches its back as it goes for a deeper dive in the Stevens Passage, AK
The group of whales (pod) was relatively large, at least seven whales and possibly as many as ten. Humpbacks owe their name to one of two things, depending on who you believe. Either the name comes from the hump just ahead and under the dorsal fin, which can be seen in the photo above; or the name comes from their tendency to deeply arch their backs as they dive, giving them the appearance of a hunch, which can also be seen in the photo above. Wikipedia’s article on humpbacks mentions the arching of the back as the origin of the name, but does not provide a source.
The whales showed off a couple of great behaviors – tail slapping, also called lobtailing, which is bringing the fluke of the whale high out of the water and slapping it down on the surface to create a large splash and sound. It is not understood why the whales do this, but chances are that it’s a signal to other whales, the loud sounds created would carry well in the ocean and be a great way to signal whales that are far away from the slapper.
A humpback tail slapping. If you look closely, you can see from the shape of the right hand side of this photo that it’s the belly (ventral surface) of the whale on that side. Underwater, this whale is belly-up to slap its flukes on the surface.
Last but not least, the humpbacks did breach at least twice, but I didn’t get a good photo. Caught by surprise (breaches can be over in just two seconds or so) I didn’t have the camera focused on the right place, and I wasn’t even trying to get a shot of the right whale.
A little too off-center to be a good photo of a breach, and not enough resolution to crop just to the whale on the left. I had been intending to get another photo of the tail-slapping whale, whose splash can be seen in the upper right.
All the photos above were captured before 8:30 in the morning, so there was even more to see that day, which may have to wait for another post.
Southeast Alaska, Day 1: Juneau, AK
Southeast Alaska: Day 2 (Part II) Dawes Glacier/Endicott Arm
Five-Crisis America: The Autogolpe of January 6th
Eagles in Skagit County, December 2020
Ann Leckie’s The Raven Tower
The Overstory, a tall tale by Richard Powers
Reading The Calculating Stars by Mary Robinette Kowal
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Foley's Fitness Center provides the best exercise and nutritional programs allowing each member to achieve their fitness and health goals in an energetic and friendly environment.
To improve the quality of life for each member by providing a facility that allows them to achieve their fitness and health goals.
The only reason we exist is because of our members.
We empower each member to achieve their maximum goals.
We are kind, treating everyone with dignity and respect.
We strive to provide an environment that is clean with everything in order.
IF IT DOESN'T CHALLENGE YOU - IT DOESN'T CHANGE YOU.
Our passionate leadership team wants to improve the quality of life for all our members with the proper exercise program and proper nutritional plan.
Mike Foley
Owner, Nutritionist & Trainer
For over the last three decades I've worked in the fitness industry. I have counseled and trained over 20,000 clients. Foley's Fitness Center is truly a place for everybody. I have worked with customers of all fitness levels, including those struggling with serious health conditions.
We look forward to working with you and showing exactly how Foley's "Does Fitness Better!"
Joe Doherty
Partner / Chief Operations Officer
Joe served in the U.S. Navy for 20 years, 11 years enlisted and nine as a Naval Officer. His expertise was in Operations: Command, Control and Communications. He followed his military service with a 20 year career as an Information Technology business executive, leading multi-billion dollar businesses. His career has taken him to 54 Countries and 49 of the 50 States.
Throughout his life, Joe has been committed to a healthy lifestyle through a disciplined physical fitness and nutritional regimen. Joining ranks with Mike Foley and his passion for fitness and community has reinvigorated Joe and guided him to be a member of this unique culture and world-class fitness center.
Catherine DeRocchi
Gym Manager
Catherine's background in review has had her spending the last 10 years working in healthcare with her most recent position as a clinical supervisor of a local endocrinology practice. She was responsible for planning, directing, and overseeing operations and fiscal health of the practice. As is one of her many positive attributes, she had a strong focus on process improvement and developing her staff to meet the high level of ethical and professional standards.
Catherine, always transparent and honest with herself and others, would tell us that she has not always been "into fitness" and has previously struggled with her weight and self-image. "I always admired people who were physically fit and devoted to living a healthy lifestyle, but I could not seem to get there myself." This has all changed since Catherine joined the gym and was introduced to weightlifting. "I absolutely fell in love with the gym atmosphere and how lifting made me feel both physically and mentally stronger." Catherine enjoys being around others who share similar health and fitness goals and strongly believes it should be incorporated into everyone's lifestyle.
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Apply for Volume 101 Editor-in-Chief and Staff Positions
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Dean Mast’s Matters
Mirth and Murder in Mimes’ New “Arsenic”
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Review: The Great Indian Streaming Wars The Great Indian Streaming Wars...
Israel G. Vargas illustration for Foreign Policy/Netflix/Amazon
The Great Indian Streaming Wars
The battle over the country’s future is being waged one TV screen—and smartphone—at a time.
By Ravi Agrawal
| September 27, 2019, 5:34 PM
Disclaimers at the start of movies or television shows are fairly common, but the one that leads season 2 of the Netflix detective series Sacred Games is particularly exhaustive: “Resemblance of any character of this series to any persons, places, real events, linguistic groups, political parties, communities, religions or sects is purely coincidental and unintentional.” It could have added that viewers should lighten up. In 2018, an Indian politician filed a complaint to the police because a character in the show’s first season, while narrating a period of India’s history, called former Indian Prime Minister Rajiv Gandhi the Hindi word fattu—translated in subtitles as “pussy.”
Netflix’s legalese may yet prove useful: On Sept. 3, another politician filed a police complaint against the streaming service for “defaming Hindus.” The fictional characters and circumstances depicted in Sacred Games do seem familiar in modern-day India. Based on the eponymous 2006 novel by Vikram Chandra, the series follows a Mumbai police officer named Sartaj Singh—played ably by the Bollywood star Saif Ali Khan—who is attempting to save his city from an imminent terrorist attack. The latest season, released on Aug. 15, India’s Independence Day, picks up from last year’s cliffhanger finale and reveals that a group of anarchists has acquired a nuclear bomb and plans to blow up the country’s financial capital.
While both seasons of Sacred Games race along, time seems to stop every time the complicated and amusingly foulmouthed gangster Ganesh Gaitonde appears on screen. The actor Nawazuddin Siddiqui’s mesmerizing Gaitonde is quite literally a haunting presence: It’s no spoiler to reveal that he shoots himself in the head in the show’s premiere but appears constantly thereafter in flashbacks. The self-made don serves as both the show’s narrator and the force guiding Singh as he struggles to save Mumbai.
Gaitonde may be dead, but his beloved city thrums with life. And through him we learn the details of Mumbai’s fictionalized-but-mostly-true inner life: its mighty slumlords; a never-ending supply of crooked cops and corrupt politicians; striving actresses exploited every step of the way up; a powerful right-wing Hindu party; and the connective tissue of crime and lust that links them together. Real-life footage of iconic moments in Indian history, such as the riots between Hindus and Muslims after the 1993 Bombay bombings, is spliced in to make Sacred Games feel like a modern history of the metropolis once known as Bombay. (The right-wing Shiv Sena party renamed the city after the local patron goddess Mumbadevi in 1995.)
As Singh, a Sikh, tries to decode Gaitonde’s warning about Mumbai’s looming destruction, viewers encounter a seemingly beatific guru, Guruji, who turns out to be masterminding the whole thing.
From left, Kalki Koechlin, Nawazuddin Siddiqui, and Pankaj Tripathi, in a scene from season 2 of Netflix’s Sacred Games.Netflix
“Your orgasm is the biggest force inside you,” he tells his followers at one point, as he tries to explain how sexual jealousy ended the first era of truth in Hinduism. Guruji evokes any of several spiritual leaders who gained followings in the West while masking sinister plans. But he is hardly the only echo of real India. Viewers will need little imagination to connect the radicalization of a young Hindu boy (the son of a beloved character killed in season 1) to the current growing spate of hate crimes against Muslims in India. And the staged killings of gangsters by Mumbai police—known colloquially as “encounters”—happen all too often in the real world.
The most worrying comparisons, however, are not in how Sacred Games depicts India’s past and present but in how it envisions the country’s near future: an entire security system undermined by bureaucratic graft and ineptitude, where only a great hero can save the place from itself. Beautifully shot and smartly edited, Sacred Games, which launched in June 2018, was Netflix’s first original Indian-made series, generating national publicity for the streaming service.
India’s current prime minister has begun promoting Hinduism in ways that threaten the country’s formal secularism, and top leaders have repeatedly threatened the country’s Muslim minority.
Several more shows have since followed. Leila was also adapted from a recent novel, this one by the journalist Prayaag Akbar. Once again, Netflix begins the show with a disclaimer that ends with: “There is no intent to portray any religion or religious sentiments or beliefs of any person(s) or community.” If the legalese seems more targeted, that’s because Leila’s portrayal of religion in India is especially grim. The show begins in the year 2047, exactly 100 years after India gained its independence. The country is now known as Aryavarta, a sort of militarized Hindu state that segregates members of different religions and castes. Episode 1 opens with a wealthy man playing with his daughter in an indoor swimming pool. He is Muslim; his wife is Hindu; their young daughter is Leila. Suddenly, a government paramilitary group breaks in and beats the father to death. His wife, Shalini (Huma Qureshi), is taken to a center for reeducating upper-caste Hindu women such as herself. There she is reminded that marrying outside her religion is a sin, among other state dictums. The scenes draw from those in Margaret Atwood’s novel The Handmaid’s Tale—which was also recently adapted for television—and are replete with regular beatings and doomed escape attempts.
Leila is a warning of what India could become. It is greatly exaggerated, of course, but its lesson is important. Under India’s current prime minister, Narendra Modi, who was reelected with a large mandate last May, the government has begun promoting Hinduism in ways that threaten the country’s formal secularism, and top leaders have repeatedly threatened the country’s Muslim minority. In the show, a maid in a wealthy household is asked if she has ever eaten meat, evoking the way upper-class Hindus frequently threaten Muslims and lower-caste Hindus in India today for eating meat, especially beef.
Meanwhile, water, used with abandon in the swimming pool in the show’s opening scene, turns out to be a particularly scarce commodity for the poor Indians shown in Leila. This motif also reminds viewers of contemporary problems, such as the city of Chennai’s recent water shortages as well as the rapid depletion of the country’s aquifers. If anything, Leila underplays the coming impact of climate change.
Will Shalini ever find her daughter? Will Singh, the police officer in Sacred Games, save Mumbai? For all that the two shows focus on the divides that separate haves and have-nots in contemporary India, the irony is that only Indians rich enough to have HD televisions, high-speed internet, and streaming services will get to find out—at least for now.
The proliferation of the internet in India, and with it the possibility of streaming television shows, has everything to do with the smartphone. In 2000, a mere 2 percent of Indians were online (compared with 52 percent of Americans). That was because personal computers and telephone landlines were restricted to a similar percentage of the Indian population; for various reasons, both amenities were inaccessible for the vast majority of the country.
While Americans got to evolve as the internet slowly grew over the last three decades, Indians are now experiencing a sudden revolution: These days, three of them discover the internet every second. Thanks to newly cheap smartphones and cellular data plans, tens of millions of Indians are coming online every year. With an average annual income of about $1,775 and a median age of 27, most Indians see these smartphones as their first-ever cameras, computers, and television screens.
While Americans got to evolve as the internet slowly grew over the last three decades, Indians are now experiencing a sudden revolution.
Netflix, however, has caught on to India’s demographic shift a little late. Until very recently, its monthly subscription plans in the country broadly matched its rates in the United States. Yet U.S. streaming services owe their newfound ubiquity not simply to their content but to their cost: In the United States, for example, a $9 monthly Netflix plan looks very attractive compared with a $70 monthly bill for cable television. In places like India, however, a $9 monthly plan for Netflix competes not only with a similarly priced cable television bill but also with far cheaper streaming services such as the Disney-owned Hotstar and Amazon Prime Video.
It was only in July that Netflix launched a cheaper, standard definition, mobile-only plan for about $2.80 a month. Perhaps tellingly, that move came right after Netflix announced lukewarm growth in users in the United States, leading at the time to a 15 percent drop in its stock price. But as Netflix CEO Reed Hastings has said, his company’s “next 100 million” subscribers will come from India, where some 800 million people are still waiting to discover the world of the internet and streaming content. As long as China blocks Netflix, no other single country has as much room to grow.
Delhi Crime and Punishment
Netflix’s hit show Delhi Crime documents the changes rocking Indian society—and not all of them are good.
Ira Trivedi
Competition among streaming services will be intense. While Netflix has an estimated 2 million users in India—it hasn’t released exact numbers—competitors like Hotstar, which also broadcasts popular cricket games, reach 300 million users every month on TVs and smartphones (although only a fraction of those users sign up to pay for its ad-free content). And then there’s JioTV, launched in 2016 and already the country’s second-most popular TV app with hundreds of free live channels.
Streaming services may be bleeding their investors’ money, but it’s a great time to be a writer, actor, producer, or viewer in the world’s largest democracy. Netflix, Amazon Prime Video, Hotstar, and several others have already commissioned slates of new movies and television series fronted by top local stars. And much of the new content—like Sacred Games and Leila—will be in the local languages that a vast majority of Indians speak. Bingeing will soon have equivalent words in Hindi, Bengali, and Tamil.
A publicity photo for Amazon Prime Video’s Made in Heaven.Amazon Prime Video
If any subject was made for television, it’s Indian weddings—spectacular events on which many Indian parents spend more than they would on an apartment, a car, or a college degree. No other ritual better encapsulates the best and worst of Indian society, from the family gatherings and traditions to the divisions in gender, caste, and religion. The makers of Amazon Prime Video’s Made in Heaven know this all too well, as they take viewers on a journey into New Delhi’s wealthy and upper-middle-class homes—and all their idiosyncrasies and tensions.
The show’s two main characters are Tara Khanna (Sobhita Dhulipala) and Karan Mehra (Arjun Mathur), who join forces to form a wedding planning business. Khanna comes from a poor family—the “gutter,” as she puts it—but has married an ultrarich industrialist and now lives a life of photogenic comfort. Mehra’s parents had more money than Khanna’s, but having failed at his first business, a nightclub, he’s now facing serious money trouble, with loan sharks at his heels. Mehra also happens to be gay, which in India could be a dangerous thing. (The country only decriminalized gay sex in September 2018.)
Made in Heaven lays bare all of India’s many barriers: rich and poor, urban and rural, English-speaking and not, progressive and traditional.
Each of the show’s nine episodes depict Khanna and Mehra struggling with their own personal and financial troubles as they also scramble to satisfy a new set of clients. Not since the filmmaker Mira Nair’s 2001 Monsoon Wedding has there been a portrayal of upper-class Indian life that is both this lush and this searing. Viewers meet a couple in their 60s, both widowers, who struggle to convince their children that they should be allowed to love again; a bride who sleeps with a film star before her wedding, only to rediscover her traditional roots and make up with her fiancé; a set of parents who threaten to call off the marriage on their son’s wedding day unless his bride-to-be’s family pays them a much greater dowry, which they demand in secret. Perhaps the darkest episode involves an Indian man living in New Jersey whose parents stage a beauty pageant back home to find his ideal wife—whom he then berates for his own impotence. No subject is off-limits in Made in Heaven, and the show lays bare all of India’s many barriers: rich and poor, urban and rural, English-speaking and not, progressive and traditional.
To what end are these fissures portrayed? The show’s main point seems to be that young Indians have grown remarkably deft at navigating the tensions between tradition and modernity—with all the deceits and hypocrisies that entails—while trying to find happiness and forge their own worlds. Nowhere is this shown more vividly than in Mehra’s conflict with his sexuality. While flashbacks reveal that in high school he tried to hide his being gay by acting homophobic, Mehra has since grown up to be out and proud. Little does he know, however, that his trysts with a revolving door of lovers are being secretly recorded by his closeted landlord, whose wife eventually shames him into turning the footage over to the police. Mehra is arrested and, in the show, ends up becoming the poster child for the gay rights movement that culminated in the real-world Indian Supreme Court ruling that overturned the colonial-era law barring same-sex love.
For all the problems Made in Heaven dramatizes, the show’s lingering message is one of hope and change. It should come as no surprise, then, that three of its four directors are women: as rare an occurrence in Bollywood as it would be in Hollywood. While shining an unstinting lens on the ugly sides of Indian society, they also depict a people who are tilting the country’s arc toward justice and equality.
If that progressive message is going to be heard and seen, however, streaming television shows will need to reach not only upper-middle-class Indian living rooms but also the smartphones that most of its newly connected citizens rely on to get their glimpse of a changing world—and an inspiration for what it could be.
This story appears in the Fall 2019 print issue.
Ravi Agrawal is the editor in chief of Foreign Policy. Twitter: @RaviReports
Tags: India, television
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Tag: Peter Berger
The Problem of Religion and Nationalism
The innocent question, “Are you religious?” raised in the Japanese context will evoke an answer which hints at a history that has been repressed in the West. Even if the subject being questioned happens to be praying at a Shinto shrine, the answer is most likely to be negative. Praying and offering homage or worship indicating complete obedience to a national identity – does it seem strange? (It will make no difference if the question is raised in Japanese and the word shukyo is used in place of “religion.”) The act of praying or making an offering at a shrine or of following the practices affiliated with being Japanese are specifically not “religious” but are simply the requirements of being Japanese.
To get at the ambiguity of the question, an ambiguity that is more normative for human history and culture than not, we can raise a similar question in a Western context. Ask someone who stands and sings the national anthem, “Are you religious?” Whatever their answer, the question would not seem to apply to the act of singing or even the act of pledging allegiance to the flag “under God.” They might reply that they are religious, but probably will be eager to explain that the scruples (the original meaning of religious) demanded by the civic faith of the land are not religious. There is only a slight difference between the function of national identity in Japan and the United States. In fact, it is precisely the U. S. and Great Britain that the Japanese had in mind when the Meiji elites began to set forth the understanding that makes up the modern Japanese sensibility. That is, the supposed division between national identity and religion is of recent vintage.
For example, a pre-Christian Roman could not have conceived of separating his religion from his identity with Empire. They were one and the same. In the ancient world the phenomena we might call “religious” permeated daily life. There was no clearly demarcated realm which one might dub religious as the gods were everywhere and everything potentially religious. Even in modern Japan the gods reign over the kitchen, the toilet, the forest, and are in control of life and death to such a degree (even if only dimly acknowledged) that to build a house, buy a car, or raise a child, without following the required practices is, for most, just too dangerous. The notion of religion as a realm apart arises only with the accompanying modern notion of the secular and Japan’s encounter with the West.
The role of Christianity in early modern Japan and ancient Rome seems to have created very similar predicaments for potential converts. Can one be a good Roman or a good Japanese if one does not adhere to the rites required by the state? Can a Christian bow to the emperor so as to acknowledge his supreme power? The original Christians answered this question decisively, acknowledging that certain rites required by Rome were forbidden by the Christian faith. A Christian could not acquiesce to Caesars claim to exclusive or final sovereignty. The faith demanded loyalty to one God and this particular God, unlike the multiplicity of gods, would not allow preeminent loyalty to the state. There would have been numerous occasions (feasts and festival days) on which loyalty to the gods would mark loyalty to the state. The Roman provinces were kept orderly by governors who were simultaneously public cult leaders. No one really cared about private cults so long as they remained private. Notions of personal belief or private faith were allowed but were accorded little importance in terms of true piety – which was synonymous with publicly honoring the traditions. The strange Christian notion that they could not offer sacrifices, light incense, or perform other religious rites for the gods, would have been read as disloyalty to the state. One either pledges his allegiance or he does not and Caesar was not tolerant of insurrectionists
The resolution brought about through the Constantinian compromise, the rise of modernity and notions of the secular, is not to ban oaths, sacrifices, and rites, it is to declare what was formerly religion as religious no more. The positing of this secular space simultaneously posits a separate role for religion, which tended to copy Roman cult practices and organization. It is not Japan which first converted religion into rites of state, it was the West. It was Western Christians who developed a full-blown notion of religion as a realm apart and the profane world of the political as in no way intersecting with the sacred. Constantine’s conversion, Augustine’s two cities, Descartes’ soul and body, are the signposts of the rise of a religious sensibility which no longer need interfere with civic duties – theoretically. (The tension between Church and state was never a settled proposition, as was clear to Japan’s elites.)
The contested nature of religion in Japan and the open debate of the Meiji government as to how best deploy what is and what is not religious, points to the manipulation of religion by cultural elites aiming to achieve parity with the West. Japan offers a unique hot house for an examination of the role of national identity and religion due to its relatively late development of national institutions. It was with the specific goal of warding off Western dominance, equated with Christianity, that Japan adapted Western institutions of state. Japanese intended to take the Western form of state and fill it with Japanese substance. Great Britain had their monarch, who was also head of the national religion, so Japan would have her Emperor as head of a new State Shinto. But to call this form of Shinto “religious” would create problems with the West and with Japanese who had converted to Christianity. There was the need to isolate the imperial institution and its connection to religion so as to justify these institutions (particularly in the eyes of the West). There was the pressure of the United States to protect Japanese Christians and the recent discovery of hidden Christians around Nagasaki became the focus of the United States and thus the concern of the Japanese government.
At the same time, the Western model posed the puzzle for Japanese as to how the nation-state could create loyalty in the midst of conflicts created by a fragmented religion. Freedom of religion and the maintenance of social order was not a finished process in the West and had not even been posed as a possibility in the East. When religionists perceived that the West was to be the model in early Meiji, Buddhists and Shintoists began vying and arguing for the top spot in the implicit state religion, like Christianity in the West. The leap to State Shinto, the religion transformed into a national polity, points to the reality Japanese perceived at the heart of the Western nation-state. The modern nation-state is religion by another name. (As Peter Berger came to recognize late in his career, the sacred canopy of nationalism functions as religion always functioned.)
The hardening distinction between private piety and the need for public order, hammered out over centuries in the West, became overt political policy in Japan. The Meiji Constitution reflects the attempt to relegate religion to private belief and to posit the belief supporting the public realm as non-religious. The Imperial Constitution enshrined religious freedom (a freedom of private belief) while, according to Trent Maxey, it “sacralized and secularized the imperial institution.”[1] Maxey maintains the constitution “offered the avowedly religious the promise of freedom in proportion to their irrelevance to and undifferentiated treatment by the state.”[2]
What Japanese perceived in 19th century America is the abiding truth that conservative religion, stripped of its anarchic (anti-arche or over and against the principalities and powers) and independent impulses, serves the modern state. The notion of a Christianity independent of national identity did not present itself, even to Japanese who converted to Christianity. Uchimura Kanzo, who became a Christian and studied at Amherst College, reaches the dilemma posed by his new faith. If being Christian was a constitutive part of being American and visa versa, then this necessarily stood juxtaposed to his Japanese identity. Loving Jesus stood opposed to loving Japan. In the end, Uchimura could not abide the Western Church due to its integration into Western national identity, and so he founds the No Church Movement.
This sad history of Christianity made subservient to the state is not simply a cultural problem or a problem of practice. Even the study of religion has been infected. The father of modern religious studies, Mircea Eliade, under the guise of saving religion from the encroachments of the secular, sums up this history in creating a place for religion which is absolutely transcendent and absolutely irrelevant. Religion rises above the mere social, economic, historical, or psychological to its own sui generis category. It is universal by way of being unalterable, irreducible and inconceivable. The sacred maintains it place only in its complete difference from the profane world which people actually inhabit. Eliade’s dalliance with fascism and anti-Semitism embodies the role for religion in the modern state. Even the formal study of religion in the modern university must lend itself to state servitude.
There is a Christianity that has not bowed its knee to the Baal of the age. By definition it is a militantly non-violent, anarchic, destabilizing, critic of Empire. It is on this basis that the upcoming PBI module will undertake the study of religion and culture. World Culture and Religion is a study of religion which aims to demonstrate how Christ exposes and defeats the religio-cultural understanding as it exists in several of the world’s major religions and cultures, most especially Christianity and the United States, as well as how Christ redirects and completes this understanding.
Sign up beginning on January 27th at PBI.
[1] I am following my nephew Trent Maxey’s excellent work, The “Greatest Problem”: Religion and State Formation in Meiji Japan. Harvard University Asia Center, 2014, and quoting here from p. 185.
[2] Ibid p. 184.
Author Paul AxtonPosted on January 16, 2020 January 15, 2020 Categories Walking TruthTags Meiji Constitution, Meiji Japan, Peter Berger, shukyo, State Shinto, the Constantinian compromise, Trent Maxey, Uchimura Kanzo3 Comments on The Problem of Religion and Nationalism
Catholic or Fascist Christianity: The State of the Christian Union
I have long presumed that Peter Berger’s three step description of culture gets at (in part) the reality of the manner in which culture is at once a human creation which acts upon us. According to Berger, it is through externalization that society is a human product – humans make it, build it, constitute it. It is through objectivation that society becomes a reality sui generis – culture and its products take on the appearance of being independent of humans. Then due to internalization of culture and its products man is himself a product of society. The role of religion in this process is to falsify human consciousness so that the projecting and reification involved in objectivation are mystified – made non-human. The fact that the socio-cultural world is shaped by human activity is obscured by the religion. The sui generis nature of religion, set forth by Mircea Eliade – the father of modern religious studies, cuts religion off from the realities of culture and even the realities of any particular religion. For Eliade, the historical and social conditions play into the interpretation of the religious phenomenon but they cannot ultimately explain it: “All these dreams, myths, and nostalgias…cannot be exhausted by a psychological explanation; there is always a kernel that remains refractory to explanation. . . that, we shall never tire of repeating, is not solely ‘historical.’” Given the Berger choice that religion is a human creation and the Eliade choice that religion transcends the human, one might think Eliade is on the side of Christianity. Eliade provides a universal experience in which to ground religion and Berger seems to reduce all religion to the relativity of culture.
The problem is that Eliade’s is a cheap universality which ultimately has nothing to say (all articulation falls short) about the transcendent (it is absolutely transcendent). The transcendent object of religion does not intersect with the realities of economics, politics, or culture and at the same time it is presumed the religious perspective is essentially free of social, economic, and political interference. This, of course, is simply not true of any religion of which I am aware. Hinduism, Buddhism, Shintoism, biblical idolatry, and most especially Christianity, are interconnected with economics, politics, and culture. In Japan, the rise of fascism depends directly upon State Shinto, Buddhist nationalism, and Christian accommodation to deification of Hirohito. All of these religions might be said to have maintained their universality – their transcendent orientation – but at the expense of being of no earthly value or influence. The sui generis reading of religion is not unrelated to the sui generis notion of Christianity – that the Church somehow exists apart from society and culture and that culture has its own innate essence by which we are shaped and to which we are subject.
The advantage of Berger’s theory, as opposed to the sui generis notion of religion, is that religion as key to world construction ties religion into every aspect of human society. In Berger’s notion human being cannot be understood as somehow resting within itself, in some closed sphere of interiority, and then setting out to express itself in the surrounding world. Objectivation seems to accurately portray the function of money and idols (intrinsically worthless and yet the most valued object). These man-made entities confront its producers as a fact external to and other than themselves. Internalization re-appropriates this same reality, transforming it from structures of the objective world into structures of the subjective consciousness.
Berger, as a practicing Christian, has his own problems. In religion as a social construct there is no clear place for sociology and Christian theology to meet – there is no place from which to critique the society or to stand outside of it. On the other hand, if one understands that it is precisely a Berger like world which Christ disrupts– persons are constituted in culture – then salvation must take on an integration with all things human. The resolution to this problem posed by Richard Niebuhr, is to recognize that culture is the shaping force of humankind and Christ, then, is incarnate so as to reshape culture. Niebuhr offers a series of possibilities as to how this might be accomplished: Christ against culture, of culture, above culture, in paradox with culture and transforming culture. The problem is that culture is the essence around which Christ is made to work. What we recognize from Berger is that Niebuhr has also reified culture and presumed Christ is forced to work with this given. Rodney Clapp sums up a more sufficient answer which allows for the primacy of culture without succumbing to Berger’s relativism or Niebuhr’s essentializing of culture: Christ and the Church constitute a culture. “The original Christians, in short, were about creating and sustaining a unique culture – a way of life that would shape character in the image of their God. And they were determined to be a culture, a quite public and political culture, even if it killed them and their children.” Here Berger’s integration of the human and the cultural are accounted for without succumbing to an essentializing of culture while also allowing for a universal through culture. At the same time, the universal is not absolutely transcendent but takes on its properly biblical slant. The incarnation is an interruption of history which re-founds what it means to be human through one who is human and divine. Yet this interruption is itself historical, cultural, and social.
Where catholic or universal is understood to be concerned not only with all people but with every aspect of life – social, political, sexual, familial, gastronomical, etc., I presume this is not only the true form of the Christian faith but the only form resistant to the manufactured reality, described by Berger, of contemporary culture. The double-sided meaning of universal, all people and all encompassing (concerned with every aspect of life), are interdependent in that universal identity manifests itself in practices inherently (political, cultural, etc.) resistant to the human “sacred canopy” always characterized by its cultural production (local and exclusive). The politics of Jesus, the culture of Christ, the family of God, or even Christian eating habits (eating with sinners, a communion open to all), are the particular manifestation of universality and are what constitute the Church a force of opposition to the alienating and divisive reified socio-political principalities and powers.
Where the opposition has failed and the dictates of the culture, with its essentializing ethos, nationalism, regimented conformity,exclusivism, and ethnocentrism, succeed then the distinctives of Christian universality are, by definition, absent. And while no particular church (Roman Catholic, Eastern Orthodox, Protestant) can exclusively claim universality (an oxymoron?) the supreme test of whether the faith is, indeed, catholic is whether it succumbs to cultural tyranny – or the reification of culture known in our day as fascism.
Fascism is the primary and most damaging form this cultural reification has taken in the 20th and, I would claim (along with Noam Chomsky and others) in the beginnings of the 21st century. Fascism presumes there is an essence to the national ethos (the blood and soil of Germany, the unique spirit (ki) of Japan, American exceptionalism) such that individuals, as in Berger’s picture, bear within themselves this essence (e.g. Japanese citizens are depicted as the egos circulating around the super-ego Emperor which together constitute the wholeness of a person). There may be many markers of the passage from nationalism to fascism – the rise of a cult of personality, the violent suppression of opposition, the demonization of certain ideas, the continual gearing up for war – but one of the clearest markers in Germany and Japan was the manner in which Christianity was co opted by the state. Pictures of Hirohito adorned every official church in Japan and Christians were made to bow to this god man to inaugurate the service. Japanese theologians even attempted to incorporate Hirohito into the Godhead (God the Father, God the Son, God the Holy Spirit, and God Hirohito). German Christians were those who accepted the Aryan clause, which excluded Jews from holding public office, inclusive of state church offices and German Christian theology expunged the Bible of its Jewishness. In both Germany and Japan, this Christian fascism is one step beyond the Constantinian fusion of state and church (arguably most complete only with the reformation). Where the Roman emperor fused church and state by acknowledging Christianity, fascist Christianity presumes to overtly absorb Christianity into state ideology (which is not to deny this was implicit with Constantine).
Though there are moments in history where “fascist Christianity” accurately describes the church, in retrospect it would seem that genocide, all-out war, emperor/dictator worship, racism, and anti-Semitism, may not accord (to say less than the least) with the basic tenets of the teaching of Jesus. Fascist theologians, fascist Christians, fascist churches, are a historical reality (not just a pejorative description), which more than simple fascism (or any of the isms of the 20th century – communism, socialism, Marxism, nationalism) may best describe the contemporary anti-Christ (the imitation or displacement of Christ). In other words, the fascist reification of a particular culture and the violence this entails – equated with Christianity – is the most obvious enemy of Christ.
Is it something like fascist Christianity, a Christianity absorbed by nationalist chauvinism, that threatens the Church universal in the United States? American exceptionalism premised on America as a Christian Nation may have succeeded, some place and some time (as with the varieties of Constantinian Christianity), in escaping the complete co opting of the church by state purposes. But one wonders if there is not an evident incongruity in Trump Doctrine, summed up by a senior White House official with direct access to the president, as “We are America, bitch.” As Jeffrey Goldberg, who originally reported this in The Atlantic has put it, “the gangster fronting, the casual misogyny, the insupportable confidence” amounts to “a middle finger directed at a cold and unfair world.” The exclusivism, isolationism, mistreatment of aliens, chauvinistic hostility, and sympathy for authoritarian strongmen, captured in this posturing may be good for America (though I doubt it) but can it be equated with the teaching of Christ? Could it be that “we are Christian America, bitch” or that we are holding up a Christian middle finger to the world? This is no more unlikely than “Christian fascism” but what it clearly is not is catholic Christianity.[1]
[1] Jeffrey Goldberg, “A Senior White House Official Defines the Trump Doctrine: ‘We’re America, Bitch’ The president believes that the United States owes nothing to anyone—especially its allies,” The Atlantic, June 11, 2018.
Author Paul AxtonPosted on February 7, 2019 February 7, 2019 Categories Walking TruthTags catholicism, fascism, Mircea Eliade, Noam Chomsky, Peter Berger, Reinhold Niebuhr, Rodney Clapp1 Comment on Catholic or Fascist Christianity: The State of the Christian Union
Breaking Free of Failed “Religion” Through a Practical Salvation
Religion as a projection of man (philosophy, psychology), as a sui generis essence (religious studies), or as a sacred canopy (sociology) all partake of a singular mistake. It is the same mistake found in the various Christian approaches to non-Christian religion (pluralism, inclusivism, and exclusivism). The problem with “religion” is with the category itself. There is the mistaken assumption that religion can be separated out from culture and practice and studied or theologized about as an entity or essence unto itself. The Bible does not make this mistake in that it does not address religion per se (more on this later). This raises the question as to whether Christianity is religion? Or should Christianity distinguish itself from religion? Continue reading “Breaking Free of Failed “Religion” Through a Practical Salvation”
Author Paul AxtonPosted on July 27, 2017 Categories Walking TruthTags available light, Bohoeefer, James MdDlendon, Kierkegaard, Mircea Eliade, Peter Berger, practical salvation, religionless Chrisitanity, sui generisLeave a comment on Breaking Free of Failed “Religion” Through a Practical Salvation
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Here’s what happens when you reach Max Level in TC: The Division
Things get a whole lot tougher when you finally reach the level cap in The Division Ubisoft’s new multiplayer online RPG shooter The Division has a maximum level cap of 30. But once you hit that ceili...
Square Enix cancels pre-orders for upcoming Hitman Game
Some PlayStation 4 owners awoke to the unpleasant surprise of having their digital pre-order for IO Interactive’s upcoming game Hitman cancelled. According to reports, Sony sent out a message of...
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Call of Duty: WWII Review
Shadow of War Announcement Trailer
Shadow of War adding DLC Character to honor late developer.
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Tag Archives: new york subway
Day 2. Minnesota Twins vs. New York Mets!
Sunday, 6/27/2010. Got up early and trudged to the bus after a hurried continental breakfast this morning! Our drive this morning took us to downtown New York City, Queens to be exact, and to the beautiful Citifield Ballpark . It was hot! Don’t really know what the weather reports will read in the AM because hot is hot and no matter how I try to describe it, you won’t be able to feel the soaking wet shirts, swollen, puffy feet, and wet hair and no place to escape from the heat. Actually, it wasn’t even sunny most of the time, just a big overcast, but it doesn’t matter. It’s that crazy humidity! For those of you who’ve experienced this, no need to say anything, and for those of you who haven’t, anything I say won’t be adequate.
But the game was great. At least for the Mets fans! Final score 6-0. So for the first two games we’ve attended the home teams have won. I want to comment on the Mets fans, and the Oriole fans too for
Mets & Twins Game
that matter, but especially the Mets. They’re intense! Part of the fun of being a baseball fan is people watching! Watching the players, the coaches, the managers, ballpark staff and the fans. Maybe it’s because this was a Sunday afternoon game, but I was touched by the number of families with young children. And these kids were all decked out in caps, shirts, shoes and even some mitts, proudly showing their loyalty to their beloved Mets! I think maybe the intensity is because they’ve lived in the shadow of the Yankees for so long
Best Mets Food? Nathan's Hotdogs!
and are always having to prove themselves worthy opponents. But whatever reason, they’re sincere and they truly love their team. It was fun to watch and I was caught up in the atmosphere of it all!
Probably the highlight of Day 2 for me was the group trip on the New York MTA Subway system to Mickey Mantle’s Restaurant, downtown Manhattan! Loud, noisy, scary and adventuresome! That’s how I’d describe my subway experience! I can’t imagine daily commuting in this mannerand have a whole new respect for the average New Yorker who does. Dan herded us like a bunch of cats and we finally got it, taking sometimes three tries to get thru the turnstiles. Sounds simple enough but if you didn’t time it just right you had to go back, repurchase another ticket and start over again. The system seems archaic in comparison to Boston and London’s, just my personal observation.
The food at Mickey Mantle’s was good. Not great, but good, and you’d still have to give it at least a 3* rating for the ambiance and great sports pictures and autographs that grace the entire facility. Probably seats around 300 – but not nearly as full for a Sunday afternoon as I would have expected. It was a real treat and I would have liked to spend at least a few hours just looking at all the pictures. A lot of history and memories in this place!
It’s taken me longer than usual to write tonight. I was caught up in the final innings of the Yankees/Dodgers game, which was Dodgers 6-2 when I turned it on and now find at the bottom of the 9th Mariano Rivera fanned 3 in a row and the score is tied 6-6 putting it into overtime! Yankees then go ahead and score 2 runs in the 10th and once again Rivera fanned 3 in a row to end the game with Yankees over Dodgers 8-6. Fans were loud and wild! Don’t you just love baseball? Down to the last pitch! Sorry, I had to digress. I’d written off the game as a Dodger win and I should have known better! Tomorrow ……. Hall of Fame @ Cooperstown!
Posted in A1 Baseball, General, A2 Ballparks, Minnesota Twins, New York Mets
Tagged citifield park, mickey mantle restaurant, minnesota twins, nathan hotdogs, new york mets, new york subway
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ProZ.com privacy policy
Date effective: 8 May 2018 (view past versions)
ProZ.com complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. ProZ.com has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
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The friend or colleague may contact ProZ.com by submitting a support request or by contacting us at privacy@proz.com to request the removal of this information from its database.
From time-to-time ProZ.com may post a list of select users and testimonials on its website that contain information such as names, titles, and company logos. ProZ.com obtains the consent of each user prior to posting any information on such a list or posting testimonials. If you wish to update or delete your testimonial, you can contact us at privacy@proz.com.
Social media widgets
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
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ProZ.com may use individuals' personal information to contact them. For example, to respond to comments or requests for information, to provide requested services, or in regard to issues relating to users' accounts, via email or telephone.
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Providing services to users;
Auditing, research and analysis in order to maintain, protect and improve ProZ.com services;
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Developing new services.
ProZ.com processes personal information on its servers in the United States of America and in other countries. In some cases, personal information may be processed on a server outside a user's own country.
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A third-party advertising service may be used which includes cookies that send the advertiser information such as the visitor's IP address, as described in the "Cookies" section above. Users can choose to opt out of these cookies, as described above.
In certain situations, ProZ.com may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
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If your personal information changes or if you no longer wish to use any ProZ.com services, you may update your information from your profile updater page or deactivate your account from the unsubscribe page. Alternately, you can request assistance from ProZ.com staff by submitting a support request, sending an email to privacy@proz.com, or contacting the ProZ.com office by telephone or postal mail at the contact information listed below. You will receive a response to your request to access within 30 days.
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
ProZ.com regularly reviews its compliance with this privacy policy. Please direct any questions or concerns regarding this privacy policy or ProZ.com's treatment of personal information to the ProZ.com IT/Security Manager by submitting a support request through the support center on this website, or by writing to:
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ProZ.com will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this privacy policy.
EU-US and Swiss-US Privacy Complaints
In compliance with the EU-US and Swiss-US Privacy Shield Principles, ProZ.com commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Jason Grimes at ProZ.com at privacyshield@proz.com, or by mail at ProZ.com, 235 Harrison Street, Syracuse, NY 13202, USA.
ProZ.com has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. The services of BBB EU PRIVACY SHIELD are provided at no cost to you.
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Data & privacy settings
Contact ProZ.com staff
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Female supercentenarians, American supercentenarians, 1907 births,
Pennsylvania births
North Carolina deaths
United States births
United States deaths
Dorothy Keller
Revision as of 15:52, 10 February 2019 by White Eaglet (Message Wall | contribs) (Adding categories)
Dorothy Keller at the age of 104.
Birth: 28 September 1907
Philadelphia, Pennsylvania, USA
Death: 3 November 2018
Greensboro, North Carolina, USA
Age: 111 years, 36 days
Unvalidated
Dorothy Keller (née Hickman) (28 September 1907 – 3 November 2018) was an American supercentenarian whose age is currently unvalidated by the Gerontology Research Group (GRG). At the time of her death, she was one of the oldest known living people in North Carolina, USA.
Dorothy Keller was born Dorothy Hickman in Philadelphia, Pennsylvania, USA on 28 September 1907. She graduated in 1927, and on 3 May 1928, she married Marvin Keller, with whom she fell in love whilst at church. They had two children; one of which, Barbara, was born on Dorothy’s 30th birthday in 1937.
Marvin worked as a home builder and later served as a state legislator in Pennsylvania for more than 30 years. Dorothy was by his side always, raising their children, travelling to Europe, and even meeting President Dwight D. Eisenhower. Marvin passed away in 1976 at the age of 70, leaving Dorothy a widow.
By 2005, Dorothy had lived in seven different assisted living facilities. She disliked them all, and moved in with her daughter Barbara right before her husband, Josey, died of cancer. By the time she was 104, Dorothy had broken her hip twice, but could still walk with the aid of a walker. On her 110th birthday in 2017, it was reported that her most memorable birthday was her 30th birthday, when her daughter was born.
Keller died in Greensboro, North Carolina, USA, on 3 November 2018, at the age of 111 years, 36 days.
She’s loving her life, all 104 years of it News & Record
Celebrating birthdays News & Record
Keller, Dorothy H. Obituary News & Record
Retrieved from "https://gerontology.wikia.org/wiki/Dorothy_Keller?oldid=93456"
American supercentenarians
More Gerontology Wiki
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Humans 3.0 Paints Our Techno-Future As Very Bright
Darrell Etherington @etherington / 6 years
Are we hurtling towards technological dystopia, or a futuristic fantasy world in which our hardware and software innovations provide a human experience that excels in almost every way compared to that which we know today? That’s the basic question at the heart of Peter Nowak’s Humans 3.0 , a survey of our technical development, which incorporates some futurism peering forward along the path leading to a potential Kurzweilean Singularity. Nowak deftly guides us to a complex, credible and positive conclusion throughout his book-length inquiry, but I still can’t help but wonder if some of the answers he provides along the journey come too readily.
Nowak, a Canadian technology journalist with a decades-long career and impressive publishing history, has created in Humans 3.0 something akin to an anti-venom for the kind of fear-mongering technophobic portrayals of robot-controlled, despotic human futures that tend to pervade a lot of sci-fi texts, and that all too-often find their way into news media accounts of developments in AI, robotics and general computing. The book presents a view of tech’s progress that is much more in keeping with what you might find on blogs like this one, where the audience is more inclined to take for granted that innovation and technological advancement are by definition positive outcomes. But it specifically doesn’t take that for granted, and instead sets about building a case, supported by interviews from subject matter experts around the world, as well as information gleaned from a strong collection of studies.
Towards the end of the book, Nowak acknowledges that he set out with an overall optimism about technology and its overall beneficial effects on human progress, but ultimately the positivity of the book’s message surprises even the author, by his own admission. And as was his goal, Nowak has indeed made a case that supports that message, and one that indeed proves useful for the book’s apparent audience, which struck me as likely a more general reader with an interest in consumer tech, but lacking a deep and pervasive knowledge. The historical survey and scene-setting Nowak offers is interesting and useful even if you’re already familiar with much of what he’s discussing, but it’s structured such that readers lacking deep context shouldn’t ever find themselves lost.
Optimism, in a book that tackles this subject matter that isn’t already aimed at the tech faithful comes across as refreshing, genuine and convincing in Humans 3.0 . That convincing bit, though, at times owes more to Nowak’s skill with prose than to the facts on hand. In these instances, the book can feel a little like the musings of a technofuturistic Dr. Paingloss: All is for the best, after all, in this, the best of all possible evolutions of human scientific and technological progress.
Consider, for instance, Nowak’s answer to the valid concern regarding what humans will do as robots assume responsibility for more of the labor that once provided them jobs. In lieu of numbers to offer reassurances of newly created roles and opportunities, Nowak indeed points to the fact that while The Great Recession has resulted in what qualifies as a recovery according to many economic measures, it still hasn’t seen employment rates rise along the lines we’ve seen with previous recoveries. Nowak concludes that this is in part because companies are doubling productivity without resorting to traditional producers, embracing technological solutions in stead.
Humans will eventually get over this setback, which Nowak characterizes as temporary, simply by coming up with new things for people to do. There’s a lack of jobs mostly because we aren’t yet creative enough to come up with new ones. Entrepreneurship as a blanket human enterprise then gets the nod as the eventual source of new, rewarding gigs for those who’ve seen their old ones disappear.
For me, this point is less well-made than the others Nowak brings up. It seems more like hand-waving, especially given the rigor of the rest of the argument made in Humans 3.0 . Which isn’t to say it’s not a valid theory: Rather, it just seems much more like educated guesswork than anything else presented. Likewise, when social media is used toward the end of the book as an example of how we might come to think of humanity as a universal extended family, I couldn’t help but want for at least a discussion of how its use can also result in extreme alienation, such as in the most aggressive forms of online trolling and cyber-bullying.
These criticisms don’t undermine Nowak’s larger argument, however, even if I am left more skeptical of the conclusions of Humans 3.0 than Nowak himself. The book has a clear bent, but it doesn’t make that a secret, nor does it feel as though it’s purposefully obfuscating anything in order to make its points. It’s also an extremely easy and pleasant read, which has clearly been thoroughly researched and which expertly weaves in a good number of well-chosen first-hand sources.
If you’re at all interested in Kurzweil, the Singularity, initiatives like Google’s Calico or visionary technologists like Elon Musk, Humans 3.0 provides an accessible, enjoyable starting point that avoids some of the fawning and complexity of other futurist texts. I’m still not convinced about the certainty of the coming techno utopia, but I’m far less sure I’ll wind up enslaved to unfeeling robotic overlords.
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Paul Crews, Director of Durham VA Health Care System
By Rob Whiteside Jan 6, 2020
Paul S. Crews, MPH, CPHQ, FACHE, was appointed Director of Durham VA Health Care System effective March 19, 2018. In this role, Mr. Crews will oversee delivery of healthcare to nearly 70,000 Veterans at 10 sites of care across eastern and central N.C. with an operating budget of $750 million. Before joining the DVAHCS team, Mr. Crews served as Interim Director of the VA Western New York Healthcare System since October 2017. Prior to that, he served as Deputy Director of the San Francisco VA Health Care System overseeing non-clinical operations from June 2016 – October 2017 and Associate Director from January 2016 – June 2016. He previously served as the Associate Director of the Tennessee Valley VA Health Care System (TVHS) in Nashville, Tennessee. Before that, he served as the Chief of Quality, Safety, and Value at TVHS for over four years. Prior to joining the Veterans Health Administration (VHA), Mr. Crews was Associate Administrator for the Riverside Health System's Tappahannock Hospital in Virginia, Vice President of the Virginia Rural Health Association, and served as the Chair of the State's Rural Health Workgroup on Quality. Mr. Crews has over 28 years of healthcare experience which includes rural emergency medical services, hospital emergency medicine, military medicine with both the Navy and Army, rural community health planning, rural health policy analysis, healthcare quality and patient safety, and healthcare administration. Mr. Crews earned his Bachelor of Healthcare Administration degree from Texas State University and received his Master of Public Health in Management and Policy from the School of Public Health at Texas A&M University. Mr. Crews served seven years in the United States Navy. He is a member of the National Association for Healthcare Quality and a Fellow of the American College of Healthcare Executives.
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MONDAY’S MOST WANTED: Jan. 11
Police car with lights(KKTV)
By Lindsey Grewe
Published: Jan. 11, 2021 at 9:31 AM MST
COLORADO SPRINGS, Colo. (KKTV) - Two attempted murder suspects are among this week’s “Most Wanted.”
Shane Carty, 38, is wanted on allegations of aggravated cruelty to animals. Carty is described as a 6-foot-tall white male weighing 185 pounds with brown hair and brown eyes.
Thirty-one-year-old Robert Harris faces charges of vehicular eluding and criminal mischief. Harris is described as a 180-pound, 6-foot-3 Black male with brown hair and brown eyes.
Ernest Muldrow, 35, is facing a laundry list of charges, including attempted second-degree murder, aggravated motor vehicle theft, violent crime with a weapon, felony menacing with a weapon, third-degree assault, false imprisonment, harassment, and telephone obstruction. Muldrow is described as Black, 250 pounds, 6-foot-2, and has black hair and brown eyes.
Christian Gutierrez, 18, also faces a lengthy list of charges, including aggravated robbery with a deadly weapon, burglary with assault, felony menacing with a weapon, theft, aggravated motor vehicle theft, and weapon possession by a previous offender. Gutierrez is described as white, 5-foot-8, 121 pounds, with black hair and brown eyes.
Joshua Thompson is accused of attempted second-degree murder and has made multiple appearances on the wanted fugitives list since mid-December. The 35-year-old is described as a 5-foot-10, 140-pound white male with black hair and brown eyes.
William Pickett, 26, faces charges of kidnapping, assault involving strangulation, harassment and criminal mischief. He is described as a Black male with black hair and brown eyes, is 6 feet tall, and weighs 187 pounds.
If you know the whereabouts of one or more of these fugitives, call Crime Stoppers at 719-634-STOP or 719-542-STOP if in Pueblo. Crime Stoppers tips can be made anonymously and could earn you a cash reward.
Copyright 2021 KKTV. All rights reserved.
13-year-old boy missing since early Sunday morning
Seasonal weekend
Another Decent Day Before Changes
Chris Joyce scores 21, Air Force rallies past Wyoming 72-69
Crash at I-25 and Bijou seriously injures 1
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Ross Andrews | Tuesday, Oct 9, 2018
Wyomia Tyus, the first repeat 100 meter champion in Olympic history, describes the moments before her historic run 50 years ago. In late September 2018, Tyus returned to the Estadio Olímpico Universitario for the first time since that October day. (Photo by Kathy Kudravi/GlobalSport Matters)
When the minibus carrying Wyomia Tyus pulled into the parking lot of Estadio Olímpico Universitario for her first visit since the 1968 Mexico City Olympic Games, a big smile spread on her face.
The end of the year is the perfect time for the GlobalSport Matters staff to reflect on the stories and people that stood out.
Today: She was the first repeat 100-meter Olympic champion, but Wyomia Tyus had not been back to the track where she cemented her legacy. Until now.
This is something she has wanted her daughter, Simone, to experience for a long time.
“Throughout my career, my parents never got to see me run,” Tyus said. “My dad died when I was 15, and my mom never got to see me run in person; she only saw on television. I just wanted someone in my family to come to a place that really means a lot to me and gave me courage to do a lot of things and say a lot of things.”
However, any claims about being nervous were shot down with a swift: “I don’t have nerves. I have nerves of steel!”
“Butterflies though,” Tyus said. “Absolutely.”
The last time Tyus stood on that ground, she was 23 years old. The last time she was here she became the first Olympian to win back-to-back gold medals in the women’s 100 meters. It was here her dreams of advocating for human rights for all took shape. It was here that her vision of equality for women in society and athletics sprouted.
So as Tyus, accompanied by her daughter, Simone, made her way through the stadium entrance, she was reminded of the young, strong 23-year-old with a full heart and a dream. She also noticed she had a severe case of the “chill bumps” up and down her arms.
“I can’t even find the words for it; I haven’t been back here in 50 years,” Tyus said while smiling and running her hand along the stone columns of the stadium as she walked to the track. “I come back and think about where I was in my life and how this made a big change in my life, the change in which I was working for… Now I’m back, the platform is a little different, and I’m included, and I think it’s wonderful to come back and share our stories and experiences.”
Coming back to the stadium in honor of the 50th anniversary of the 1968 Mexico City Games brings back many memories for Tyus. Making it more special: She was able to experience it with a lifelong friend, John Carlos, a fellow American sprinter and a bronze medalist at the games.
Tyus still remembers her 100-meter race as though it was yesterday.
“It had been raining and raining, and we had two (false starts) in the race.” Tyus said as she stood in lane four, her starting block in the race. “I remember we were walking back and I was saying: “You guys need to stop. It’s gonna rain; it’s gonna rain! We don’t want to have to run in the rain!”
After the second false start and with the competitors making their way back to the blocks, Tyus recalled the rain stopped, if only for a moment.
“The gun went off, and we ran the whole 100 meters without any rain,” she said. “As soon as we crossed the finish, the sky just kind of opened up.
“Mexico City, finals of the 100 meters, was the best start I’ve ever had in my whole life.” Tyus said, “And it was the best time to have it.”
She was considered old to be competing in the 100-meter sprint at the time. Although she had won the gold medal in the Tokyo Games four years prior, she wasn’t favored in the event in Mexico City.
Wyomia Tyus looks over the track where she made history. (Photo by Max Bechtoldt/GlobalSport Matters)
Crossing the finish line a winner was a dream come true.
“I know when I was on the victory stand, they have pictures of me … thinking that I’m crying, but I was really just trying to get all the water and rain out of my eyes,” Tyus said as she mimicked her words, pretending to swipe the water from her face.
“I always think of that 100 meters as the end of my career. Here’s the end of my career pretty much, and I’m so happy and the sky opened up and it cried for me. That’s how I think of being here in Mexico City. I look at that and standing on the victory stand and that the sky opened up and said: ‘This is what you’ve been wanting and this is what you received.’ I was happy.”
Tyus will always love Mexico City because of the support she felt, describing it as the place where she feels most comfortable in her own skin. That is a product of the relationships and memories she made on the track, but, most importantly, her impact on culture and society.
An experience Tyus and her daughter will cherish.
“Just to be back in Mexico City, where I’ve always felt comfortable in my own skin. The people of Mexico city have made me feel very comfortable too. It makes you appreciate life, appreciate different cultures, appreciate people, just to be here is beyond words. Being in the stadium with my daughter is something I will never forget.”
Athletes opportunity to be courageous still resonates in Mexico City
In 1968 baseball showed black, white, Hispanic players could get along
Olympic legend John Carlos calls athlete activism more than sports
Olympic legend John Carlos returns ‘home’ where he made ‘everlasting statement’
Tags: 100 meter sprint, 1968, activism, bronze medal, Chris Kluwe, Ed Temple, Estadio Olímpico Universitario, Games, gold medal, John Carlos, Mexico City 1968, Olympic Project for Human Rights, Olympics, podium, racism, raise a fist, Simone Tyus, Tennessee State, tigerbelles, Tokyo, Tommie Smith, wyomia tyus
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God, Drugs and Rock n' Roll
Searching for Spirituality In the Midst of Addiction
Click on “Home” above to read the story from top to bottom in chronological order!
The Story of God, Drugs and Rock n’ Roll
Tag Archives: Drunk
Van Halen Cassette tapes, Kindergarten Underpants, Atari 2600, and the Awesome Hippie Babysitter
Posted on August 21, 2013 by Benjamin Bradford White
Atari2600wood4 (Photo credit: Wikipedia)
Rock and roll was the background music to my life from a very early age. I initiated this obsessed love with two cassette tapes.
The first was “Purple Rain” by Prince. I had that when I was about 4 years old. My Dad bought it because he thought it was a killer album. My Dad always had an ear out for what the best music on the scene was, a practice that I tried to pick up on.
The second was “1984″ by Van Halen. I had that when I was about 5 years old. I loved the song “Jump“, and also loved “Panama”. I memorized the lyrics to “Jump” and used to sing them to my classmates in Kindergarten. They looked at me like some sort of space alien.
My Dad was really into music. When I was in my Mother’s womb my Dad’s drummer, Rodney Psyka nicknamed me “BB” (pronounced “Bee, Bee”), which is why my parents named me “Benjamin Bradford White” a little bit of a reference to BB King, but a never ending reminder that my identity was carved out in the middle of a bar gig.
I had no idea when I was a little man that my Dad had been heavily into the 60′s and 70′s drug scene. Nor did I have any idea that the members of Van Halen had probably indulged in their fair share of booze and drugs (especially old Diamond David Lee Roth!). I just knew that I loved the sound of music pumping in my ear-drums. Something about it felt familiar to me.
When I was a kid, my Dad smoked Barclay 100′s cigarettes. I remember being 4 and 5 years old, and my Dad would be blowing that mellow blue smoke into the air. I would be wafting it away from my face, trying not to breathe it in. I always yelled at him saying, “Dad! Smoking is so gross! I hate it!” My Dad would just laugh and light up another, at times apologizing for smoking. My mom would give my Father the dirty look that she often gave him.
I didn’t grow up under any sort of religious instruction. The basic religion that my parents seemed to feed me was love, tolerance and compassion, coupled with Beatles, Joni Mitchell and Crosby, Stills, Nash and Young records. As a child I looked to musicians as being a certain breed of sage or prophet. I felt that their chords and melodies contained some sort of mystic power. I was drawn to it. It was the most spiritual experience that I encountered in my formative years.
When I was a kid in elementary school, I did pretty well. They had me in a couple of advanced classes and I was basically a geek. I was a different kind of geek though, because I had a variety of friends. I was somewhat of a “socially adjusted geek”.
I had an appetite for trouble as well! Once in Kindergarden I pulled my pants down in front of the class when my teacher had left for a short time, trusting that we the students would behave ourselves. We found after that she had left to join a small group of people that were observing their class behind glass with a one-sided mirror. It was a behavioral experiment done by the Montessori School we were part of at the time. They wanted to see if kindergarten kids could behave themselves in a large group without adult supervision. I led the kids into a mini riot when I dropped my drawers and thwarted their experiment…
My parents later thought it would be a good idea to put me in public school, to give me more structure and rules. It ended up working well. I became a good student, and more well behaved.
In the meantime my Dad worked for John Hancock, an insurance company that was doing well in the 80′s. He was at work often but he was also a good Father. In many senses he was more of a friend to me than a disciplinary force. I could always talk him out of punishments. For example, after the pant-less fiasco my Dad tried to take away my Atari 2600 for a month… and I talked him down to 2 weeks of Atari-absence.
Then there was the first time I witnessed my Dad get drunk. He didn’t do it often, especially in front of me, and he definitely wasn’t an angry drunk, more of a slap-happy drunk. We were at a wedding once when I was 10 years old and he had a little too much whiskey. He had a lot of wild conversations with random people, basically being the life of the party in an extreme sort of way. While I, on the other hand, didn’t get it. I cried and cried on the way home telling him how wrong it was. After all, I was taught in school that these exploits were wrong. Something in my young conscience felt horrible about it.
My Dad reassured me that he wouldn’t do it again. He was generally good to his word throughout the rest of my pre-adolescent years. He wasn’t an alcoholic, just a social partier. He communicated to me that his position as a Father was more important than his party life. He did a good job of keeping those two worlds separate before my eyes for quite a time.
I had a babysitter named Laina who talked often of going outside to “get a fresh of breath air”. I had found out that she smoked Camel cigarettes, and thought that maybe she was going outside to toke. I thought that was true because she used to come back from the “breath of fresh air” in an erratic mood and feed me some wild snacks, like Tato Skin potato chips, marshmallows and Coca-Cola Classic. Then I hit the age of 13 and found that all hormones of either gender make one erratic. Nonetheless, it was safe to say I began to get a little chubby and crazy on this munchie food towards the end of my Elementary School days.
During this time I also got a guitar for Christmas. My Dad had the guitar amp wrapped up and under the tree, and I had opened up all of my presents including the amp, but no guitar was to be found. Then my Dad pulled a kamikaze move and grabbed the guitar out of his closet. I was thrilled. It was a black Fender Squier Stratocaster with white inlays.
Laina, my babysitter, was really proud of me for chasing after rock and roll. She got me into the Doors, Aerosmith and Led Zeppelin. I listened to Zeppelin II for the first time, and it blew my world apart. Jimmy Page’s riffs made me want to learn how to tear it up just like him. Laina even helped me write a song, and we called it “Death Theater”. She was really bummed when I made the lyrics a naive version of an anti-drug rant.
But Laina and I became pretty good buds. She took me downtown in Hudson, Ohio during the annual shaving cream fight that all the middle schoolers and high schoolers used to go to. It made me feel pretty cool to say the least, especially for a 4th grader! Laina helped me figure out a little bit more of who I thought I was, and turned me on to rock and roll that turned my world upside down.
Filed under The Roots of a Miscreant Youth and tagged 1984, Alcohol, Atari 2600, bar gig, Barclay 100s, BB King, Camel, chubby, cigarettes, Coca-Cola, crosby stills nash & young, David Lee Roth, Drunk, Elementary School, father, Fender, gaming, Geek, Hudson, John Hancock, Joni Mitchell, Kindergarten, Led Zeppelin, Montessori School, Ohio, overweight, Panama, Prince, Purple Rain, Squier, Stratocaster, The Beatles, Van Halen, youth | Leave a comment
Rockstar Daydreamer
Rock star baby, Rock star. (Photo credit: fmgbain)
Someday he’s gonna make it to the top
And be a juke box hero, got stars in his eyes~ Foreigner
I’ll never forget when I played my first gig in a bar. I was 14 years old and our band Mulberry Tree got a gig at a dive called “Europe Gyro” in Kent, Ohio. We got there to set up and the stench of alcohol, cigarette smoke and urine had filled the air. A couple bands were playing with us and treated us like second class citizens, so of course we went on last. It was a Sunday night before school on Monday. We went on at 10:30 pm to an audience of one black man, drunk out of his mind and yelling out, “play some Jackson 5 man!” My Dad had set up the gig for us. At one point I dropped my pick in the middle of a song and was deeply embarrassed when he picked it up off the ground and handed it to me. I think the microphone picked up my words, “get away Dad! Get away!”
Not long before this, we had our first experience in an amateur recording studio. The man who recorded us was a total throwback to the 70’s and 80’s. He had a wild long pony-tail down to his butt cheeks. He played the saxophone. We recorded all our Mulberry Tree Songs live, and then I did the vocals. We finished a whole album of 7 songs in 12 hours. We laughed at Duane, our drummer, because we had to duct tape headphones to his skull, they kept slipping off because he banged his head to the beat while drumming.
All of this led to the pinnacle for us. We had a chance to play in front of our peers in High School at what Hudson High School in Ohio called “Rock Fest”. It was 1996. Hits like “Stupid Girl” by Garbage and “Tonight, Tonight” by the Smashing Pumpkins were on the radio. Duane, Mitchell and I were nervous before the show. We snuck into a bathroom upstairs in the High School and turned off the lights. We lit up a cigarette and shared it. We hopped up and down pumping ourselves full of adrenaline before the show. Then the moment came. We were on. I stepped up to the mike, plugged in my Cherry Red Sunburst Gibson Les Paul, and wiped away the hair hanging over my eyes. We played our first song, and through the whole show the crowd stayed into it. We were deeply hooked on the accolades we got from the masses of peers looking onward.
And afterwards, we were able to sell our album to all of our friends. It was on cassette tape. I had to make copies myself on my high-speed audio dub recorder, and we gave some weed to a friend of ours for making our “high-tech” album art on his 95′ PC Computer.
But after the show, Mitchell’s Father cornered me. He proceeded to tell me that “red flags” were going off in his mind, because in one of our songs I had a lyric that sang “smoke it up, toke it up, drink it up, gulp it on down”. He was sure that I was singing from personal experience. I assured him that I was writing fictionally, and felt bad for all of the poor people who were caught up in the mess of addiction. After a lot of interrogation, Mitchell’s Father backed off.
I came up to Duane and Mitchell and they were asking me; “What did he say? What did he say???” I told them that he tried to get me to admit I was doing drugs and drinking, and that I was sure I pulled one over on him.
I was becoming a liar. I certainly struggled with lying to my parents, because we had such an open, transparent relationship. Nonetheless, somehow, lying became a new weapon that I felt I could use to protect the things I did in darkness… I began lying to many people, including my parents and some of my close friends. I began to abandon my conscience and step into a whirlwind of hedonistic freedom of which I had not experienced yet.
Filed under Ascent to Delerium and tagged Drunk, Europe Gyro, Foreigner, Garbage, High school, Jackson 5, Joni Mitchell, Jukebox Hero, Kent Ohio, Ohio, Personal computer, Rock Fest, ROCKSTAR, Smashing Pumpkin, Smashing Pumpkins, Stupid Girl, Tonight Tonight | Leave a comment
Drunk and Arrested at Age 15
Hiatt type 2010 handcuffs. Circa 1990s (Photo credit: Wikipedia)
It was late July of 1996, and “Standing Outside a Broken Phone Booth With Money in My Hand” was #1 on the alternative rock charts. Not far behind was Stone Temple Pilots’ “Tripping on a Hole in a Paper Heart”, a modern psychedelic rocker, and Beck’s “Where it’s At”- an genius hybrid of minimalistic alt-rock and hip-hop done by the white grandson of a Vaudeville performer.
This had been an interesting summer. My parents, in the midst of their continual fighting about money, had certainly moved ahead financially. We bought a nicer house closer to the High School in Hudson, Ohio. It was actually within walking distance. One positive result of this was my removal from old surroundings. Some of the neighbors around me who perpetuated my drug habits were now absent from my every day life.
On top of this, our high school band, “Mulberry Tree”, was facing some strain. Our drummer, Duane, had disappeared from our existence for the summer. We found later that he was hanging out with his older friends, and had really gotten the love bug for an older girl. I suppose I would have done the same thing were I in his shoes.
But in our youth, me and the bass player of Mulberry Tree, Mitchell, took it personally. We started writing our own music, which had more of a progressive-rock edge to it. We wrote 6 to 9 minute long opuses, which were deeply influenced by prog bands like Yes, Rush, early Genesis (with Peter Gabriel), Frank Zappa and the Mothers of Invention, and King Crimson. We were also certainly influenced by Soundgarden, Stone Temple Pilots, Black Sabbath and Ozzy Osbourne.
Yet the removal of Duane and his older friends from our little rock star utopian dream world severed us from the ability to acquire marijuana. We began to experiment more often in the cedar lined shelves of our parents’ liquor cabinets.
Mitchell would come over on Summer Evenings, after playing baseball all day, and we’d conjure up some form of liquor or beer. We’d fill ourselves with it to the point of buzzing or being intoxicated, and then we’d congregate in my basement, which now had a full drum set, guitars, a bass, amplifiers, a keyboard, PA speakers, and a little recording studio with equalizers and mini-speakers. It was every thing a young rocker would dream of. We’d record our original music, with me on drums, and rhythm guitars, and Mitchell would play bass and lead guitars. We’d mess around with over dubs and share doing the vocal tracks. We created some great material when the alcohol wasn’t disabling us too much.
We ended up connecting with an older girl named Madeira in our circle of friends. Mitchell had a love interest in her, and I had a bit of one, but knew that it was only right to allow my friend to pursue his interest before mine. Our first connection with Madeira was at one of her parties. Her parents would leave town and her 21 year-old sister would buy enough beer to kill an army of kittens. She’d invite her sphere of influence into her den of high school freedom, and we’d partake of the spirits.
Now, I haven’t touched a drop of alcohol for two years, and have never been legally drunk, because the only drinking I did past the age of twenty-one was a beer or glass of wine here or there. I was floored by Ephesians 5:18 that says; “do not get drunk with wine, for that is debauchery, but be filled with the Spirit.” I want that fulfillment and joy that can come from sobriety and being filled with God’s presence. But at the age of fourteen going on fifteen, I dug debauchery. The dictionary defines debauchery as “excessive indulgence in sensual pleasures”. This was my M.O.
The first party we attended at Madeira’s house began with Mitchell and I sharing a 12-pack of Pabst Blue Ribbon beer, and ended with both of us laying like fools on a bathroom floor, vomiting what seemed to be an endless ocean out of our insides, and professing of our bro-mance friendship love for one another. People say and do completely silly and regretful things under the influence of alcohol to be sure.
Later, Madeira had invited us to hang out with her and go bowling. She obtained a bottle of 40 proof (1/2 strength) whiskey and 2 bottles of Boone’s sparkling wine for our voyage. We made it to the parking lot of Stonehedge Bowling Alley in Cuyahoga Falls, Ohio. Madeira was 16 and drove us there. Mitchell had a learner’s permit because he was 15, and I had no sort of driver’s license because I had just turned 15. We certainly had no plans for a designated driver.
We decided to drink the alcohol before going in to bowl. Mitchell and I drank the whiskey, and Madeira drank the Boone’s. Mitchell and I managed to finish the entire bottle, which was ½ strength but a large quanitity, especially for 15 year-olds! Madeira finished both of the bottles of Boone’s. We stood outside and smoked cigarettes as the deeply inebriating effects began to destroy and flood our minds. Mitchell and Madeira ended up further away and I was on my own smoking. I saw them kiss. Madeira later got so sick that she started throwing up. We never made it into the bowling alley to bowl…
So we had a serious dilemma. Madeira was in no state of mind to drive. Mitchell had a learner’s permit and half a bottle of rot-gut whiskey in him. I had the same amount as Mitchell and no license. We collaborated with great wisdom and intelligence to have Mitchell drive us home. “We’d take a back-road highway- Route 91, and avoid the Route 8 freeway. That way we’d stay away from potentially getting pulled over.” So we thought…
Mitchell drove us home as Madeira laid down in the back on my lap. She was feeling terrible and not in the best place, but still my feelings for her were there… hidden underneath the surface. I looked out the window into the beautiful summer night sky. It was July 29th, 1996. The stars were out. What were we doing? Were we crazy? I held back my feelings for Madeira. I hoped that we wouldn’t get in deep trouble. Things weren’t looking good.
Mitchell drove through Cuyahoga Falls, then Stow, and then we were close to the border of Hudson, Ohio. All the way he kept turning around to us in a fit of adrenaline. He spoke loudly with a slur, “I think we’re going to make it! Everything is gonna be ok!”
When we crossed the border into Hudson, a cop car pulled out of the darkness. Flashing lights beamed in behind us. Mitchell began to freak out. “Oh no! Oh no oh no!!! What are we gonna do? What are we gonna do?” He yelled. I responded, in my inebriated tone, “It’s all good man, just tell him you’re taking us home and Madeira has the flu man!”
Mitchell pulled over. The cop shone a flashlight in from behind us, making our adrenaline spike up. Mixed with the alcohol, the feeling was numbing and terrifying. The cop came up and addressed Mitchell, “Son, do you realize you were driving without your headlights on?” Mitchell flipped and started apologizing. He got out of the car and admitted he didn’t have a real license.
Everything else seemed to flash before our eyes like a nightmare. Mitchell getting a sobriety test, then getting cuffed and put in the cop car. The cop pulling me and Madeira out of the car and cuffing both of us. Two back-up cops showing up and taking all of us separately… isolated from one another… They put me in the back of a cop car alone. I was drunk, only 15 years old for 9 days, and breaking curfew. An accomplice to under-age drunk driving. I don’t remember all the details in the haze, but I was definitely weeping like a little child in the back of that cop car.
Later that night at the police station, our parents would come and pick us up. I was too drunk to remember any of the conversations. But I do remember when my Dad brought me home, and my Mom was waiting at the door. It was about 3 am. She didn’t say a word to me, she just wound up and slapped me hard in the face. The numbness of the alcohol combated the physical pain. But the emotional pain and shame were magnified.
I went up and slipped into a drunken slumber. I would be grounded again for another month. I would be enrolled into Oriena House for substance abuse counseling. I would have to serve community service.
“Burden in My Hand” by Soundgarden would enter the soundwaves of the summer of August, 1996. I would write songs in my month of grounding that were reflecting on my own addiction and desperation. What would my Sophomore year of High School hold for me? Would it be a year of reformed salvation? Would it be a spiral into degradation? Time would tell, but the words of Soundgarden certainly reflected my current state.
Follow me into the desert
As thirsty as you are
Crack a smile and cut your mouth
And drown in alcohol
Cause down below the truth is lying
Beneath the riverbed
So quench yourself and drink the water
That flows below her head
Close your eyes and bow your head
I need a little sympathy
Cause fear is strong and love’s for everyone
Who isn’t me
So kill your health and kill yourself
And kill everything you love
And if you live you can fall to pieces
And suffer with my ghost
Filed under Ascent to Delerium and tagged addiction, Alcohol, arrest, arrested, Beck, beer, Boone's, Bowling Alley, Burden in my hand, busted, Cuyahoga Falls, Drunk, Frank Zappa, God, Handcuffs, King Crimson, liquor, Mothers of Invention, Ohio, Ozzy Osbourne, Pabst Blue Ribbon, Soundgarden, Standing Outside a Broken Phone Booth With Money in My Hand, Stone Temple Pilots, Stonehedge, Tripping on a Hole in a Paper Heart, Where It's At, whiskey, youth rebellion | Leave a comment
God, Drugs and Rock n’ Roll
Pre-Pubescent Rock n’ Roll
Middle School Drinking and Its Aftermath
Busted With a Pack of Marlboros at the age of 12
Ascent to Delerium
Denoument
The Peak of Madness
The Roots of a Miscreant Youth
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Why Ethiopian Airlines is still Ghana’s best bet
Government’s decision to stick with its plan to partner Ethiopian Airlines in establishing and running Ghana’s third attempt at having a national flag carrier should not come as a surprise, despite the inevitable bad press the East African airline is currently having to endure following last Sunday’s terrible accident, involving a Boeing 737 Max 8, aircraft which claimed the lives of all 157 passengers and crew.
Early indications are that it is the aircraft itself, rather than the airline which was using it that was at fault, although admittedly it is too early in the ensuing investigation into the circumstances surrounding the tragedy to be sure. Indeed, until the pertinent technical issues behind the accident are confirmed blame will be placed as much on geo-political grounds as on technical grounds, which is why China in particular has rushed to announce the grounding of its American manufactured, Boeing fleet.
However, what is certain is that up till now Ethiopian Airlines has maintained an excellent safety record, which indeed is in part why Ghana has chosen it as a partner for its planned national carrier in the first place. Changing its partner over a crash such as this would not make much sense, being a one-off incident; after all, if last weekend’s accident had happened just a few months from now, it would not have even been possible for government to reconsider the ongoing partnership.
To be sure Ethiopian Airlines is revered, not just across Africa, but all around the world for its exemplary maintenance and safety records. One crash cannot change that, even if it eventually emerges that the airline itself was partly to blame.
Besides the accident, as tragic as it has been does not change the fact that Ethiopian Airlines is the most successful national carrier on the continent; and it is most instructive that both earlier incarnations of Ghana’s national carrier failed for reason of commercial shortcomings, not because of technical shortcomings. Simply put, Ethiopian remains Ghana’s best bet to ensure that history does not repeat itself with regards to the fate of its national flag carrier.
Here though, there are two aspects of the impending new airline’s operations where government would do well to leave Ethiopian Airlines to its own devices.
One is obvious – the management of the airline. Ethiopian itself has been successful because that country’s government has always left its management to the technocrats without political interference. Government’s role has strictly been that of financial shareholder.
The other though is less obvious. This refers to the strategic decisions, which have to be made right from the start, and which will be crucial in shaping the impending new national carrier’s commercial fortunes over time – the decisions as to which routes to fly.
It is instructive that Ethiopian does not compete concertedly on the most competitive routes =- those between Africa and the western hemisphere. Rather its biggest successes have come from routes between Africa and the Middle and Far East. In similar fashion if Ethiopian opts to concentrate on regional and other less globally competitive routes, based on its analysis of the potentials, the Government of Ghana should accede.
This will be easier said than done which is why we are emphasizing it. Traditionally, Ghana’s government has always aimed for the European and American routes, largely because those are the routes where public officials themselves stand to benefit from having a national carrier flying them. If Ethiopian says no, for commercial reasons, then government and its officials must put the overall commercial potentials of the national flag carrier ahead of their own interests.
Leave it to the proven experts, as with all other aspects of the operations of our next national flag carrier.
Aviation industry gets key law
Financial reforms and infrastructure development take centre stage in latest report on Ghana
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A Demonstrator’s Guide to Understanding Riot Munitions
And How to Defend against Them
If there’s one thing that police officers prefer to hitting people with sticks, it’s shooting blunt objects and chemical weapons at people. Arms manufacturers are constantly developing new ways to assault people from a distance—and taxpayers keep buying new toys for their oppressors.
This article offers an overview of less-lethal projectiles—both chemical weapons and impact munitions. The police themselves don’t bother distinguishing the two. We’ll cover chemical weapons like tear gas and pepper spray. We’ll cover impact weapons like baton rounds, rubber bullets, and pepper-balls. We’ll cover the systems police use to apply these weapons, including air guns, sprays, grenades, grenade launchers, and shotguns. We’ll cover the ways that police mark people for arrest—and the ways they probably don’t. Other articles in this series discuss batons and other police weaponry. One of the most useful articles to read in conjunction to this one is our “Protocols for Common Injuries from Police Weapons.”
This can be a scary subject. But remember—their goal isn’t to strike us with plastic bullets or spray us with chemicals. Their goal is to make us live in fear. They want us to stay home, disconnected, leaving their authority absolute and unchallenged. They fail to achieve goal every time we take the streets together. They fail every time we refuse to let that fear dictate what we do.
In this article, we’ll touch briefly on how to protect ourselves via gas masks, armor, shields, and the like. Other articles explore those options in detail. But the chief thing that can protect us against the police is solidarity. We are the ones who must keep each other safe. One shield on the front line of a demonstration can protect many people. One medic willing to treat those in the line of fire can protect many people. A few people who risk jail time to push the police back can protect many people. Our best protection against riot munitions is each other.
Courage is not the absence of fear. It is acting despite fear. Together, we can overcome fear.
https://twitter.com/hungrybowtie/status/1344916089436655618
On Standardization and Oversight
We have found no evidence that there is any federal or state oversight of what weapons police are permitted to use to quell civil disturbances. According to an anarchist lawyer who specializes in this field, each of roughly 18,000 agencies in the US maintains its own use of force guidelines detailing internal standards regarding what its officers can do to people. We’ve found no body that certifies the chemistry employed in chemical weapons. Any given chemical weapons manufacturer chooses their own binding agents and chemical additives; it appears there is no easy way to know what chemicals we are being exposed to when police target us with these weapons. While this shouldn’t cause us to back down and accede to authoritarianism, it’s important to remember that these weapons are only “less lethal” in comparison to live ammunition.
There are only two factors contributing to standardizing these weapons. The first is that weapons that use existing projectile systems (such as 37mm launchers) are more likely to be widely adopted than oddball systems that require entirely new training and weaponry. The second is that manufacturers tend to copy each other’s innovations.
While the federal government apparently does not provide oversight, it does occasionally offer advice and suggestions—for example, in this somewhat-outdated 2004 manual of less-lethal weaponry.
Impact Munitions
Police fire a wide range of blunt force projectiles from a variety of weapons. Manufacturers and police departments sometimes call these “Blunt Impact Projectiles” (BIPs) or “Kinetic Impact Projectiles (KIPs). “Rubber bullets” are only one of many variants. They vary in size, force, composition, delivery methods, and lethality.
The sales pitches that manufacturers make to law enforcement agencies emphasize the ability to obtain compliance from subjects via projected force with minimal risk of injury or death. All of the academic studies—not to mention our lived experience—show that neither of these claims is correct: impact munitions regularly maim and kill protestors and they rarely succeed at breaking up demonstrations. They’re even less effective at stopping social movements. Often, when one of us loses an eye or suffers a fractured skull, more people come out to the streets.
Some of the more common impact munitions include baton rounds, large plastic, foam, gel, or even wooden projectiles that are fired from a multi-launcher or occasionally a shotgun; rubber bullets, metal projectiles coated in rubber or PVC; bean bag rounds, woven bags filled with either silica or lead, usually fired from shotguns; pepper-balls, which are essentially paintballs filled with pepper spray; FN303 rounds, a combination of pepper-balls and regular impact munitions; rubber balls, which are rubber or plastic or foam pellets packed into grenades to explode like shrapnel or shotgun shot; and, of course, the venerable gas canister (bearing chemical agents or smoke), which is not designed to be fired directly at protestors—but regularly is.
Contrary to popular supposition, most modern impact munitions are designed for “direct fire” rather than “skip fire.” Direct fire munitions are for shooting directly at individuals, while skip fire projectiles are designed to be skipped off the ground into the crowd. Tear gas canisters are generally intended for skip firing at close range or firing at a 25-30 degree arc into the air for maximum range; they are not rated for direct fire. Some styles of baton rounds that split into multiple projectiles are designed for skip fire to distribute the projectiles more widely, while others are designed to be fired over the heads of protesters in order to rain chemicals down. Full-size wooden baton rounds and some rubber bullets seem to be designed for skip fire as well, but in general, skip fire is less accurate and less common.
Baton rounds, stinger grenades, and beanbags hurt. They injure people. Occasionally, they maim or—even more rarely—kill people. Yet of all the tools used by the police, they are some of the least effective at stopping demonstrations. Unlike a cop within mêlée range, a baton round cannot arrest you. Unlike a cloud of gas, it can’t force you to disperse. Ranged impact weapons rely primarily on pain compliance. While this may work on individuals, pain alone usually cannot force a resolute crowd to comply. Standing around getting shot at isn’t always the right move. But the effects of impact munitions can be mitigated by protective equipment including shields, armor, helmets, goggles, barricades, and even umbrellas. Impact weapons rely on fear above all—and through mental preparation and mutual support, we can defend ourselves from fear. We can choose not to comply with fear.
All around the world, intimidation is the chief weapon of the mercenaries who serve the ruling class.
Impact munitions are ostensibly designed to hurt people and cause compliance without causing significant injury. But there’s nothing safe about them.
It’s been difficult for us to parse the available data to work out which parts are applicable specifically in the United States. The largest study, from 2017, includes information from many other studies around the world. But a good portion of its data—about 41%—describes the use of rubber bullets. Rubber bullets account for a vastly disproportionate number of the serious injuries in the study, and a slightly disproportionate number of deaths. The study found that 3% of people injured with impact munitions die as a result, but that is not a useful number to understand in the context of a demonstration of the US. People do die as a consequence of impact munitions—but it will not be anywhere near 3% of those who are injured by them. We have not been able to confirm whether rubber bullets are currently in use in the US (as they are easily confused with rubber ball ammunition), but if they are, they are not the predominant impact munition in use.
The 2017 study found that the majority of serious injuries and deaths were the result of impacts to the head or neck. A smaller study from 2000 found that the majority of deaths were the result of impacts to the chest (causing ribs to break and puncture the heart or lungs).
After the type of munition fired, the most significant factors determining the severity of injuries are the distance from which it is fired and the speed with which the victim can access medical care. Attacks from within ten feet caused the greatest number of broken bones, for example. Also, street medics save lives.
The most common injury from impact weapons is intense bruising. And despite police lacking competence and acting with impunity, it does seem like most impact munitions are aimed where they are supposed to be aimed, at the abdomen or lower, where serious injuries are less likely to occur.
Occasionally, injuries and deaths occur when an officer fires breaching rounds (projectiles designed to break through barriers such as doors) directly at people, presumably by accident.
Three weeks into the George Floyd uprising, the American Academy of Ophthalmology reported at least 20 serious eye injuries at protests caused by impact weapons (including baton rounds, bean bag rounds, and pepper-balls), tear gas canisters, and, in one case, the probe of a Taser. These included seven instances in which people lost an eye as a result of such an incident, with many more people awaiting surgery, unsure if they would keep their eyes. In one case this year, a journalist suffered a serious eye injury after a projectile broke the protective lenses of his gas mask.
Across the world, medical specialists continue to call for the abolition of impact munitions in policing.
Based on street experience and the analysis of studies, the most vital areas to protect are the head, eyes, neck, and chest. Helmets, gorgets, sports armor breastplates, and impact-resistant goggles, face masks, or gas masks can protect against this, potentially combined with shields. The neck is the most complicated of these areas to protect; most people have never heard the word “gorget,” let alone imagined wearing one while protesting against the police. Basically, a gorget is an item of neck armor worn by fencers. None of us have ever seen anyone wear one at a demonstration.
We will discuss shields in a later article. Here, suffice it to say that, to protect against impact munitions, a shield must be strong enough to resist penetration of the round, rigid enough to distribute the force of impact across a large surface area, and be backed by foam wherever the wielder’s body is in contact with it. Plywood 3/8” thick serves well enough, though 1/2” can hold up to more weaponry. Traffic barrel plastic resists penetration well but distributes the force poorly, though it is substantially lighter than wood. No shield makes you invulnerable.
Most injuries occur below the waist. It appears that the most effectively trained police prefer to shoot demonstrators in the kneecaps. In view of this, it may be worth considering wearing kneepads or more complete sports armor, not so much to avoid permanent injury or death as to remain mobile, effective, and uninjured.
Shields and barricades can help mitigate all of these potential injuries as well.
https://twitter.com/gravemorgan/status/1295116634583994369
Understanding Ballistics
To understand impact, we have to understand kinetic energy.
Kinetic energy, often called muzzle energy in ballistics, is measured in joules (or in foot-pounds, if you’re not feeling metric). It’s derived from the velocity of an object and its weight, with velocity being exponentially more important. The formula to determine the kinetic energy of a projectile is Ek = (1/2)mv2 with Ek representing energy (kinetic), m representing mass, and v representing velocity.
None of us are engineers, but we consulted a couple in the course of writing this article. Basically, we can understand joules measuring the answer to the question “How much did I get hit with?” A baseball thrown at 90 mph might have 120 joules. A baton round might have 240 joules, hitting you twice as hard as that baseball. A .22 rifle might also deliver projectiles with 240 joules, but the baton round is a blunt impact whereas a bullet is designed to penetrate. A 9mm pistol might deliver bullets with 470 joules, an AR-15 with 1850, while a slug from a 12-gauge shotgun could approach 4500. If a 180-pound person fell from a height of 15 feet, they’d have around 4000 joules when they hit the ground. A speeding car? Easily 200,000 joules.
Yet most of us would rather get shot with a baton round than a .22. As one contributor to this text put it, “I’d rather be hit with 200 joules of marshmallows than 200 joules of baton.” Joules are far from the whole story about the damage a given projectile can inflict. The surface area it hits you with (the joules per square meter), the angle it hits you, where it hits you, and the object’s composition (a wooden baton round will absorb less of its own impact than a gel baton round, for example) all matter more. In one study, it took only 375 joules to break bones when pressure was applied at certain angles, while it took 9920 joules to break the same bones when pressure was applied at other angles.
Because velocity is more important to energy than the weight of the projectile, the energy with which a projectile strikes a target drops off quickly at distance. A faster object will often carry more kinetic energy than a slower, heavier object.
It is useful to start with the energy various weapons can deliver and the impact testing to which various pieces of protective gear are subjected. We’ve found one military document that refers to a “internationally recognized lethality limit” of 75 joules. But these factors do not give us enough information to know how a given projectile will affect a given target. While we are testing various impact munitions against various items of protective gear, we’d like to hear any anecdotes or research you can share about the effectiveness of different forms of protection against projectiles.
Baton rounds
Material composition: plastic, foam, gel, wood
Delivery methods: mostly 37/40mm launchers, some 12-gauge shotguns
Velocity: most seem to be around 300 fps (feet per second), with some examples up to 650 fps
Energy: one example is 244 joules
Range: depends widely on composition, but an overall advertised range of between 1.5 and 80 meters
Baton rounds come in multiple shapes, sizes, and materials, but they’re basically big chunks of painful object. They tend to be large-caliber (37mm and 40mm), so that they impart as much force as possible while remaining too blunt to penetrate skin. Many baton rounds also include some kind of payload, such as chemical agents or marking dye.
Most projectiles that get called “rubber bullets” are probably baton rounds. It’s not necessary to correct people pedantically, but for the purpose of this article, we’re going to make the distinction and call them baton rounds instead.
The most common materials for baton rounds are plastic, foam, gel, and wood. While there are far too many varieties list at length, and different manufacturers use different materials for different purposes, the general idea seems to be that foam rounds tend to be intended for short-range fire while plastic and wood are intended for longer range applications. Gel rounds are advertised as being useful at short or long range, as are “collapsible head” plastic rounds. Of course, it’s hard to imagine the police really thinking through exactly which round they want to use for which tactical purpose, especially in chaotic situations, and it’s safe to assume that they are firing all of these at any range they want.
40mm foam baton round.
Baton rounds often contain multiple projectiles within each shell that are designed to split apart.
Some baton rounds have rifling built into the shell or into the barrel of the launcher to spin-stabilize the projectile for accuracy. Most appear not to. While every baton round is rated to a different range, most seem to be designed for use between 2 and 40 meters; only a few varieties are designed for up to 80 meters.
Direct fire baton rounds are supposed to be aimed at the navel, thighs, buttocks, or knees—though as previously mentioned, it is a mistake to expect police to limit themselves thus.
Most people struck with baton rounds just come away with a nasty welt. However, baton rounds have maimed and killed people, especially when they strike people’s faces. In July, Portland police shot a 26-year-old protestor in the face with a baton round while he had his hands up. We believe that round to have been a Sage International 37mm KO1 round. The blow fractured his skull, nearly killing him and necessitating surgery.
There are also 12-gauge shotgun baton rounds. Most of these are various rubber projectiles that have fins and look like tiny missiles or rocket ships. One, for example, the stabili-shock, weighs 6 grams and is meant to fire at 426 fps for a total of 51 joules of force. We found one video of someone loading the round wrong and shooting it at three times that velocity. We have seen some evidence of police using these at protests in the US.
Another make is the Lightfield Superstar, a colorful sea urchin of pain. It is a close-quarters weapon, considered safe for direct fire at as close as two meters. We have found no evidence of law enforcement using these in the US.
Baton rounds seem to have been invented by the British for use in their colonial project in Ireland, because the rubber bullets they were using at the time were killing too many people. Plastic baton rounds still killed colonial subjects, but at a slower rate.
Modern baton rounds often contain one or more chemical weapons, including OC (Oleoresin capsicum) and CS (common tear gas) most commonly, though CN (which is more dangerous) is used as well. Some baton rounds also contain marking compounds.
37mm wooden baton round.
Composition: hard rubber
Delivery methods: hand-thrown grenades, 37/40mm canisters, 12-gauge shotguns, possibly .68 caliber air guns
Velocity: variable
Energy: 30-200 joules when fired from a shotgun, other styles unknown
Range: widely variable
Rubber balls are fired individually or, more often, packed into shotgun shells, multi-launcher shells, or hand-thrown grenades. They shoot out wildly and injure people unpredictably. Brand names include Stinger, Sting-ball, and Hornet’s Nest; they are sometimes generically described as rubber buckshot. We’ve found a few common calibers of balls: .32 caliber and .60 caliber (which is to say .32” and .6”), are common in grenades and larger canisters, while “rubber buckshot” seems to come in 00 buckshot size: .33”. Some shotgun rounds are packed with one to three .68” rubber balls.
According to one manufacturer, rubber ball weapons are considered a weapon of last resort when other less lethal options have failed. This is probably because rubber balls are unpredictable in who they strike and where.
It’s possible, though we have not been able to confirm it, that most of what people describe as rubber bullets in the United States are the larger caliber of rubber ball. Combined Tactical Systems Sting-balls are in common use in Portland—they are presumed to be the means by which police broke someone’s finger in August. Anecdotally, a lot of them seem to misfire, as demonstrators have found a large number of improperly-deployed canisters.
A sting-ball grenade.
There is speculation that expired rubber balls lose some elasticity over time and become more hazardous.
Rubber balls are also packed into grenades that for all other purposes function as flash-bang grenades: disorientation devices that use sound and light to distract people. One hand grenade we looked at, the ALS Hornets Nest Sting Grenade, holds 180 .32 caliber balls and produces a flash of 1-2 million candela and a bang of 130 db at five feet.
Rubber balls move very chaotically; grenades detonated on the ground can easily send projectiles towards our faces and eyes.
These grenades are absolutely not safe to handle and should not be caught or thrown back.
12-gauge stinger balls.
Composition: silica or lead in Kevlar or other fabric
Delivery method: Mostly 12-gauge shotguns, but also 37/40mm launchers
Range: 20-35 feet
Velocity: ~270 fps
Force: one 12-gauge example was 146 joules
Beanbag rounds are bags full of metal (such as #9 shotgun shot) or silica (sand). On average, they are for closer-range use than baton rounds; they more often used inside buildings—specifically, in jails. Every manufacturer and every round will be different, but most seem to be intended for use between 20-35 feet. Some beanbag rounds are “drag stabilized” with a bit of cloth that hangs off the back to keep it accurate its entire effective distance. They are fired from 37mm and 40mm launchers and 12-gauge shotguns.
Manufacturer’s guidelines suggest that it would take 2-3 shots with a beanbag round to incapacitate a target. When they are used in riot situations, they are not usually employed to incapacitate people so much as to inflict a psychological impact on the crowd.
We saw one police officer on a forum telling the story of a man on PCP surviving 34 shots with beanbag rounds (though one round shattered the bones in his hand). Police on internet forums often boast about how they shoot rookies with beanbag rounds to haze them.
We found Safariland beanbag rounds for retail at $30 or available on eBay for $10. Other manufacturers charge around $6-7 per round.
40mm beanbag round.
Rubber Bullets
Composition: rubber- or nylon- or PVC-coated steel, or a hard composition of rubber and silica
Delivery method: varied
Thus far, our research into rubber bullets has been less conclusive than our research into the other rounds. Historically, rubber bullets for crowd control come in two forms: metal projectiles coated in rubber, as British occupiers used extensively in Northern Ireland, and hard pellets made of a homogenous mixture of roughly 20% rubber and 80% silica, as commonly deployed by the Israeli colonial occupation in Palestine.
We know that the police in the US are shooting people with rubber balls, and there has been some speculation that in 2020, DC police have used the steel-cored variety that have killed so many people over the years.
As metal-cored projectiles were disproportionately responsible for death and maiming in the 2017 study of less-lethal weapons, this warrants further investigation. If you see police fire rubber balls at people, try to grab some. Measure them, cut them open, and send us pictures.
There are also bullet-shaped rubber bullets designed to be fired from 9mm handguns and, presumably, every other common firearm caliber. But as these are fired from regular firearms, they do not seem to have found their way into the police riot control weapon arsenal. So far, the only manufacturer we’ve tracked down that makes this style of bullet is in Canada: Lamperd Less Lethal. It’s safest to assume that the rifles and handgun you see police carrying hold live ammunition.
Pellets and Paintballs
More and more commonly, less lethal munitions are fired from .68” caliber airguns—which is to say, paintball guns. A few styles that we have not confirmed to be in use in the USA are covered above under “rubber bullets.” The more common styles are pepper-balls and FN303 rounds.
While both are used as impact munitions, they are unique to their individual platforms, so we’ll cover them under “launchers” below. However, fascists have lately adopted the paintball gun as a favored tool for street conflict. Rumors abound that they are using frozen paintballs, but we suspect that they may be using rubber balls.
Frozen paintballs are nearly mythical in the paintball world because local media outlets falsely claim they are favored tool of Halloween vandals. Paintballs frozen in a home freezer for 48 hours do not freeze solid; they only become slightly more brittle and tacky, and they thaw quickly. Paintballs frozen in dry ice are much more solid and potentially dangerous, but unwieldy to shoot. Liquid nitrogen frozen paintballs are as hard as ice, but so brittle they are nearly impossible to load and fire. All cold paintballs become less accurate—as the shell becomes tackier—but sting more.
In parts of the world where access to firearms for self-defense is less ubiquitous, airguns are sometimes used to deliver near-lethal force, firing pellets including solid rubber and rubber- or PVC-coated steel balls such as those covered under rubber bullets above, sometimes referred to as “glass breaker” balls. These projectiles are certainly available to US law enforcement as well as civilians; they can be fired from any paintball launcher.
“Glass breaker” balls.
Anti-fascists leaking far-right communication logs in Portland in 2020 revealed that at least one far-right militia member discussed using frozen paintballs but noted their lack of accuracy. He suggested instead using glass breaker balls, as detailed above.
There are also self-defense rounds for airguns that use a D-shaped round like First Strike. First Strike is a style of paintball round fired from a magazine instead of a hopper, designed for greater accuracy. The same system has been adapted to shoot rubber projectiles with enough force to be deadly. We’ve seen no evidence of their use by police, besides the Pepperball VXR rounds covered under pepper-balls, below, and the FN303 rounds.
FN303 rounds.
Barricade Rounds
Barricade rounds are projectiles that are designed to penetrate barriers as tough as glass windows (12-gauge), hollow-core doors (37mm), or thin wallboard or plywood (40mm) and release chemical agents from their nosecone upon impact with said barrier. They are not as effective at breaking through double-pane windows or getting past heavy drapes. The rounds are not meant to be fired at people; they have killed multiple people who were struck directly by them.1
They carry OC, CS, CN, or inert liquid or powder. The liquid-carried ones are heavier and penetrate barricades more effectively, while powder carriers are more effective at dispersing gas. Liquid rounds come with red dye that mark where they hit.
Launchers and Dispersal Methods
Police have access to a wide variety of tools they use to project force at a distance. The most common of these include .68 caliber airguns (essentially, paintball guns), 12-gauge shotguns (referred to and usually marked as less-lethal shotguns, but effectively interchangeable with any other 12-guage shotgun), grenades, and 37 or 40mm “multi-launchers,” which are functionally grenade launchers. They also disperse chemicals with sprays, hoses, and smoke candles.
These weapons are not particularly inaccurate, manufacturers’ promises notwithstanding. Studies show that when the operators of less-lethal weapons are under stress, their vertical accuracy past 30 meters is significantly compromised. Other factors include fatigue, the weight of the launcher itself, which is significant when loaded, and the recoil of the rounds, which tend to “pull” the round up when fired. These minor differences multiply in effect over distance. What would be a one-inch variance at close range can become a difference of several feet at a longer range. This means that even if an officer chooses to aim a crowd control weapon at someone’s lower body, he could easily hit his target in the head—or hit someone else entirely. There is not a surefire way to shoot any weapon into a crowd of people and be certain to hit your intended target.
.68 Caliber Air-Powered Guns
Police use what amount to paintball guns to launch chemical agents, impact munitions, and marking rounds at people. These are .68 caliber air-powered rifles and handguns. At one time, these were used almost exclusively to shoot pepper-balls and paintballs at protestors, but it wasn’t long before one manufacturer added impact munitions to the projectiles by forgoing a round ball and making fin-stabilized projectiles that contain both chemical agents and enough metal to hurt.
There seem to be two primary manufacturers of .68 caliber “less lethal” weapons and ammunition: Pepperball and FN Herstal. We will focus on each one’s flagship rifle as an example, but police might be armed with older models of these weapons, the pistol versions of these weapons, or systems from other companies entirely. The pistol version of the Pepperball system seems to be even less accurate than other options.
Pepperball pistol.
There are also a large number of “riot ball”-style munitions designed to be fired from air rifles/paintball guns (including .68 caliber and .50 caliber), though we have not collected evidence of their use in the United States. These might be anything from solid rubber balls to PVC- or nylon-coated steel pellets to D-shaped projectiles that use “First Strike” paintball guns for increased accuracy.
There is a lot of anecdotal information about paintball players suffering eye damage from ordinary paintballs. These smaller projectiles may be especially dangerous in demonstrations. That’s a good reason to wear goggles.
Of the two weapon systems known to be employed by US law enforcement, the FN303 seems to be substantially more dangerous in terms of pain, injury, and death, while the Pepperball system is more tactically versatile.
The FN303.
Effective range: 50 m
Maximum range: 100 m
Caliber: .68
Magazine capacity: 15
Velocity: 295-300 fps
Energy: 35 Joules
List price: $1699
Ammunition list price: $2.85-$4.65/round (paint rounds are cheaper, chemical weapon rounds more expensive)
The FN303 is a gun that uses compressed air to fire rounds at targets. While the actual barrel is small, firing a .68” projectile like other paintball and pepper-ball guns, the FN303 looks a bit like a grenade launcher from some angles because the compressed air tank sits above the barrel and can be mistaken for a larger barrel itself. It fires polystyrene projectiles that are fin-stabilized for accuracy. Each projectile has a front section containing tiny pellets of bismuth and a rear section containing the payload. Bismuth is essentially a non-toxic alternative to lead. The front section is designed to deliver trauma without skin penetration; but tests on ballistic gel imply that it often penetrates skin regardless, and protestors in Portland have found that the rounds can penetrate bicycle helmets. Bismuth pellets can penetrate skin and stay embedded for weeks until manually removed.
The FN303 has a 10” barrel (shorter than a rifle) and a 15-round drum magazine. The air tank can fire up to 110 shots before it needs refilling. The safety is inside the trigger guard. The entire device can be removed from its stock and mounted underbarrel on a rifle, although fortunately, we have not seen any evidence of civilian police doing so. It is also available in a pistol format, with a six-round magazine that contains a disposable carbon dioxide cartridge that powers the gun.
Each FN303 projectile weighs 8.5 grams. There are five versions on the market, each color-coded. White projectiles contain inert powder and are used for training; clear projectiles have no rear payload and are only used to hurt people; orange projectiles contain PAVA powder (synthetic pepper spray—see below); pink projectiles contain a pink, water-soluble, washable paint for marking targets; yellow projectiles contain a yellow, latex-based, indelible paint for marking targets that cannot as easily be washed off. The projectiles have a shelf life of three years when kept in their original, foil-lined packaging.
In 2004, a Boston police officer used an FN303 to shoot and kill Victoria Snelgrove. The officer was allegedly aiming at someone else in the crowd. The pellet entered her eye, breaking through bone and injuring her brain. She died of her injuries a few hours later. Studies indicate that an individual FN303 loses accuracy after a few hundred rounds have been fired through it; the FN303 was the weapon used in the aforementioned study showing how inaccurate less lethal weapons are in the hands of an operator in a stressful situation. The city of Boston discontinued the use of the FN303 as a result, as did several other cities. Boston apparently melted theirs down to make manhole covers. As of this writing, Portland police continue to employ the FN303, as many other departments around the country presumably do.
In Luxembourg, in 2009, police using FN303s for the first time shot and broke a journalist’s finger.
In 2020, Portland police shot a National Geographic filmmaker with an FN303 round; it broke the plastic lens on his Czech M10 gas mask, lacerating his eye and necessitating surgery. Weeks later, the bismuth pellets were still embedded in the skin of his face, looking like small blackheads that he has been removing himself with a needle.
In July 2020, federal agents shot Trip Jennings, a videographer who has worked with PBS and National Geographic, in the eye with a less-lethal round in Portland, Oregon.
Pepperball VKS
Effective range of pepper-balls: 20 m
Effective range of VXR projectiles: 50 m
Magazine capacity: 10-15 rounds in magazine, 180 rounds in hopper
Weight: 6.2 pounds without hopper
Energy: Adjustable between 10-28 joules
Velocity: 280–425 fps
List price: around $1200
Ammunition list price: unknown
The Pepperball VKS (Variable Kinetic System) is essentially a paintball gun designed to look and function like an AR-15 and to fire paintballs full of pepper spray or other rounds. The user can switch between feeding them via a rifle-style magazine (which can hold pepper-balls or shaped rounds) or a paintball-style hopper (that holds only pepper-balls) by rotating the barrel. They can also use two different compressed air sources: the stock itself is a compressed 13ci HPA air canister or a remote air line can connect to any compressed air tank. Online forums suggest a wide range of how many shots one can get from a 13ci tank, estimating between 80-250. The AR-style safety switch has three modes: (S) Safety, (F) Fire, and (D) Disassemble. A velocity adjustment screw sits above the trigger on the right side. The VKS comes in black-and-yellow, black-and-orange, and all black.
The manufacturer’s guidelines say that the weapon is not to be fired at the head, face, eyes, ears, throat, or spine.
Police departments use pepper-balls for direct impact as well as area saturation. A Denver PD trainer says that the police use pepper-balls to saturate an area that would otherwise be dangerous to approach, to draw suspects out from hiding or cover.
The rifle fires two types of ammunition: round pepper-balls, loaded from the hopper or magazine, which are accurate up to 20 meters, and the newer form of ammunition, VXR-shaped projectiles, which are only loaded from the magazine. The VXR projectiles are accurate up to 50 meters, as they are fin-stabilized.
This rifle can fire projectiles at speeds of up to 425 fps. For comparison, most paintball fields limit guns to 280fps for safety.
Each round is color-coded. The shelf life of ammunition is 3 years.
A pepper-ball launcher with a hopper.
Pepper-balls: 280-350 fps, 12-15 joules, 20 meter accuracy, 50 meters+ area saturation
White and red: LIVE, 0.5% PAVA (synthetic pepper spray)
Black and red: LIVE-X, 5% PAVA
White and blue: CS, 2.5% CS (tear gas)
Blue and red: CS/PAVA, 1.25% CS and 1.25% PAVA
White and purple: Inert, used for training or just to hurt people
Solid green: marking, contains paint for identification
Solid white/beige: glass breaker, designed to shatter glass and then itself shatter, not designed for use on people or animals
Clear: water-filled, used for training or just to hurt people
Also clear: UV marking, used to mark people with ink that can only be detected under UV light
VXR rounds: 280-425 fps, 12-28 joules, 50 meter accuracy, 130 meter+ area saturation
Red and orange-red: VXR Live, .25% PAVA
Red and black: VXR Live-X, 2.5% PAVA
Blue and black: VXR CS, 1.25% CS
Blue and red: VXR CS/PAVA, 0.625% CS Powder and 0.625% PAVA Powder
Purple: VXR inert powder, used for training or just to hurt people
White and black: VXR inert liquid, used for training; might containing marking paint—documentation is unclear
Dark blue and black: VXR marking, contains paint for identification
Also white and black: VXR UV marking, used to mark people with ink that can only be detected under UV light
A “less lethal” shotgun.
12-Gauge Shotgun
A large number of less-lethal projectiles are fired from 12-gauge shotguns. Beanbag rounds are the most common, but rubber ball rounds exist, as do baton rounds, as do muzzle blasts—a means of dispersing chemical agents directly from the barrel of the gun, shooting a cloud of dust 10-15 feet or so.
Note that the title “riot shotgun” does not apply to dedicated less-lethal shotguns but instead describes shotguns that are designed for defensive fighting, in contrast to a hunting shotgun for hunting or a tactical shotgun for offensive combat.
We have not found evidence that there is any oversight in the US that requires police departments to use dedicated less-lethal shotguns, though most departments do. Dedicated less-lethal shotguns are generally designated by the use of bright orange, red, or other color furniture (i.e., the outer parts of a firearm) on the stock and/or the fore end (the part you pump on a pump-action shotgun). While some models of shotgun are sold specifically for less-lethal use, many departments retrofit existing models to color-code them instead. This makes it hard to offer specifics about what shotguns are in use.
Most police shotguns are pump-action shotguns, as these enable them to fire a wider variety of ammunition. A semi-automatic shotgun usually uses the blowback from the shell to chamber the next shell, and that amount of force is irregular if different types of ammunition are used, causing feeding problems and jamming.
Most police shotguns appear to have either 14” or 18” barrels. It is illegal for a civilian to own a 14” barrel shotgun without filing federal paperwork for a short-barreled shotgun. Most pump-action shotguns hold between 4 and 8 shells. One less-lethal 18” shotgun we found held 6+1: that is, six shells in the magazine tube and one chambered.
However, we have received reports on the ground of police using full-length hunting shotguns, presumably with barrel lengths of 26 or 28 inches. One comrade in Cleveland reports that these were being carried primarily for intimidation purposes, while the same department fired actual less-lethal rounds out of 18” barrel shotguns instead. The longer the barrel of a firearm, the more accurate it will be, but also the faster the projectile will go and more powerful the impact will likely be.2
Barricade rounds can be launched from a 12-gauge shotgun. They are not designed for firing directly at people. Despite this, since they are loaded into less-lethal shotguns, officers have killed multiple people with direct shots, presumably unintentionally. Relatedly, “breaching rounds” are designed to destroy locks and doors. These are shotgun rounds generally comprised of small metal shot, or metal powder, often lead, suspended in a medium like wax. The idea is that the round maintains rigidity until impact, expels energy into a hinge, lock, or doorframe, then fragments into a powder after impact.
With both barricade rounds and breaching rounds, the injuries result from the initial impact, which can transfer a lethal amount of energy into a target.
Several manufacturers of police munitions sell “grenade launching cups” that attach to the muzzle of 12-gauge shotguns, enabling police to launch grenades that are ordinarily thrown by hand. These are used by attaching the cup to the end of the barrel and loading special launching cartridges into the gun.
12-gauge beanbag round.
37mm and 40mm Launchers
The majority of riot munitions—including tear gas canisters, muzzle blasts, baton rounds, flash-bangs, and marking rounds—are fired from devices designed as grenade launchers. For the purpose of disambiguation, we’re going to refer to them as “multi-launchers,” as some sites call them, because they fire a wide range of devices, not just grenades. These are also sometimes called “riot guns” or “less-lethal launchers,” but “riot gun” is often used in the US to describe lethal “riot shotguns.”
There are two common calibers of multi-launchers, 37mm and 40mm. Traditionally, 40mm launchers are seen as “military” and 37mm launchers as “civilian,” but the police employ both and the differences between the two seem to be minor. It can be legal for a civilian in the United States to own a 37mm launcher so long as the munitions they use with it are not anti-personnel; flares and fireworks are legal, while baton rounds are not. There are also 38mm munitions, and most 37mm less-lethal launchers we’ve seen are advertised as firing 38mm munitions as well. 38mm munitions might be more common outside the United States.
All 40mm grenades used in protest situations seem to fit the “40x46mm” NATO standard for low-velocity grenades, which is the standard used for handheld launchers, unlike the 40x53mm high-velocity grenades that are generally fired from mounted and crew-served weapons (i.e., guns that are designed to be operated by two or more people at a time). The ammunition is not interchangeable between these systems.
Many multi-launcher projectiles are fired with black powder, rather than more modern gunpowder, which causes sparks and smoke. This is done because these projectiles are more fragile than most modern ammunition. Some are available in “smokeless” models that, presumably, use EC smokeless powder, a slightly more modern variant of black powder that produces less smoke.
When people report with shock that police who work at public schools have “grenade launchers,” this likely means multi-launchers. The police probably don’t plan to fire live grenades at students; rather, they plan to poison them with chemical weapons that are explicitly banned for use in war by the Geneva Convention.
Pistol-style launchers exist, but are generally designed only for muzzle blasts.
Full-size launchers are usually either breech-loaded single-shot guns (in which the barrel hinges away from the handle and a single round is inserted) or drum-fed versions that look like gigantic revolvers. These revolvers are usually advanced by a pump action, rather than a trigger as in a conventional revolver. These tend to hold between 4 to 6 rounds, depending on the model. Some are rifled to spin projectiles for better accuracy. Internationally, many have wooden stocks and look more like traditional rifles, while most of what we’ve seen in the US are “tactical” style guns with pistol grips in addition to stocks as well as vertical fore grips—a style that is not legal for civilians without special permission.
Launchers can also be mounted under the barrel of a rifle, rather than operating as standalone devices. This style is in common use in military situations but does not seem to be common among law enforcement.
A multi-launcher.
Canisters and Grenades
For the purpose of this article, we are distinguishing “canisters,” designed to be fired from launchers, from “grenades” that are designed to be thrown by hand. In reality, there is no such clear distinction. Some weapons are designed to be thrown or rolled by hand, while others are designed to be loaded into multi-launchers—but some are designed for both.
Grenades are often used to disperse chemical agents and/or impact munitions, particularly rubber balls. Other grenades are “distraction devices,” generally referred to as flash-bangs. Many combine these functions.
We’ve found at least three body styles for police grenades. There is the ball grenade, which looks like a classic baseball-style military grenade, designed to be thrown or rolled. These often contain rubber ball impact munitions, possibly paired with chemical weapons, while others are traditional pyrotechnic tear gas grenades. There are the “low roll” body grenades, which are cylinders with large hex-shaped ends that minimize the distance the grenade will roll. Then there are the regular canister grenades, which appear to be the most common style. These can be of any diameter, but 37/38m, 40mm, 45mm, and 60mm seem to be the most common.
Gas grenades and canisters can disperse chemical agents through a number of methods. The most common is the classic pyrotechnic dispersal, which works by creating a fire inside the canister that releases the chemical agent as smoke. These canisters are very hot and can spark and start other fires.
Another dispersal method, used more often by OC canisters than CS canisters, is aerosol dispersal (sometimes called “flameless expulsion”). Releasing something more akin to a mist than a smoke, these are more commonly used indoors, where pyrotechnic canisters would be less convenient. As best as we are able to determine, these are generally not used as much outside because they produce less dense concentrations of chemical agents.
An instantaneous blast grenade.
Finally, there are instantaneous blast canisters, which explode all at once and release their payload as a powder. These are designed for inside or outside use, but as the dust is easily dispersed by wind, they are intended primarily for use against dense crowds of people, when pyrotechnic grenades are less effective, either owing to throwback potential or the risk of starting unintentional fires. These canisters are easily identified after the fact because they are split open along the sides.
Gas dispersal canisters are often designed to separate into a number of sub-munitions, like the “triple chaser” from Defense Technology that splits into three smaller tear gas canisters. This is done to make it more work for us to throw them back or douse them with water.
The “triple chaser” from Defense Technology that splits into three smaller tear gas canisters.
Less-lethal grenades are generally equipped with fuses like any military grenade: the user pulls a pin, which makes it possible to release a lever that is gripped in the hand. Once the lever is released, the fuse is ignited. While fuses could be of varying length, we have found two second delays to be common: a 1.5-second delay before the fuse is ignited, then .5 seconds for the fuse itself. On at least some models, the fuse assembly ejects itself before the payload is ignited so that it does not become a projectile.
Some grenades come with additional safety clips that prevent the fuse from being pulled while the grenade is being carried. Some come with water-resistant bodies for high-humidity environments. Some, particularly flash-bangs, are reloadable. People have reported seeing police combing the area after protests and picking up certain spent munitions. It’s possible they are doing this to conceal the use of some particularly egregious weapons (such as DM gas), but it’s also possible they are recovering reloadable grenades.
Grenades can also be “command initiated” instead of lit by a fuse. This system seems to be more common in tactical situations, such as house raids, rather than at demonstrations that are more dynamic. This system involves attaching a tube to the grenade to allow for instantaneous, remote detonation.
A federal officer using a fogger to assault a legal observer from the American Civil Liberties Union in Portland, summer 2020.
Sprays and Foggers
In addition to firing canisters that release chemicals as smoke, police also spray people directly with chemicals with handheld devices. The two chemicals we’ve found in our research are OC (pepper spray) and CS (a tear gas), but almost any chemical agent can be aerosolized and sprayed. Depending on the manufacturer, the chemical irritant, and the spray pattern, these can employ any number of propellants, such as compressed air, nitrogen, or the refrigeration chemical ominously named 134a. There are numerous spray patterns, from the simple “stream” pattern to cones, fog (or “vapor”), and even foam.
Chemical sprays, unlike pyrotechnic dispersal methods that disperse a powdered irritant, generally aerosolize a liquid form of the chemical. This can be water-based or oil-based; consequently, chemical weapon protection should be rated against oil-borne particulates (P100 filters instead of N100 filters). Foggers use a liquid formulation as well, but aerosolize this liquid pyrotechnically (the way a fog machine does) rather than by using an aerosol gas.
Chemical sprays come in a range of different concentrations and it would be difficult to anticipate which is ones law enforcement are utilizing without research. To make matters more complicated, the strength of OC (the most common sprayed irritant) is notoriously difficult to identify. Manufacturers’ claims are not regulated, and there are many different types of capsaicinoids that might be present in a given variant of OC gas. There is probably internal consistency within each manufacturer’s line of weapons, but that’s about it. One manufacturer’s 2% spray might be more powerful than another’s 4% spray. Those numbers are almost meaningless on their own.
Small handheld canisters with a button on top seem to be accurate from 10-12 feet, while larger canisters with a trigger assembly seem to be accurate up to 15-20 feet, although this differs from manufacturer to manufacturer. Many spray systems also contain visible or UV reactive dyes to mark targets. UV dye is particularly common in civilian self-defense spray, while police in Seattle and other cities are known to use visible dye to mark demonstrators for arrest.
There are larger canisters that operate on the same principles as the smaller ones. These often look more like full-size fire extinguishers. Then there are backpack devices with separate spray nozzles and tanks—the “Ghostbusters” variety, as some have called them. These can operate with either powder or liquid chemicals; at least one model has an effective range of 45 feet. Portland police have been seen to conceal backpack chemical foggers inside an unmarked black backpack with a spray nozzle attached to a hose protruding from the bottom.
https://twitter.com/PredatorFiles/status/1287725556453187590
There are also devices that look like a cross between a fog machine and a leaf blower that are gas-powered and are designed to fill large areas with poison. Like the backpack foggers, these are generally designed for use in prisons, not at demonstrations. As we’ve seen recently, however, riot police will often use any weapon available to them.
Finally, chemical weapons are sometimes mixed with water and dispersed through fire hoses or water cannons. None of us had seen this method in use in the United States until the 2020 protests in Portland. Chemical burns on a nearby tree were consistent with chlorine poisoning, which could be the result of expired chemistry. This means of chemical weapon dispersal has been used in Hong Kong, Thailand, and Turkey; it is presumably possible in any country that uses water cannons against demonstrators.
Federal troops poisoning downtown Portland with a fogger, summer 2020.
A hundred years ago, when chemical warfare was first emerging, some poisonous gasses were dispersed by “candles,” which would burn and release gas. Functionally, this is the same thing as a modern tear gas grenade, which uses pyrotechnics to disperse chemical powder; the phrase “tear gas candle” could be used to describe any pyrotechnic tear gas canister.
Yet in the summer of 2020, we saw either police or federal agents walking through the streets of Portland holding a burning object at the end of a stick. This looked, for all the world, like a censor at a Catholic mass with smoke pouring out of it.
Officers distributing tear gas in Portland, summer 2020.
We don’t know for certain whether this was a chemical agent (probably) or inert smoke, but it feels noteworthy that the only tear gas we’ve come across that was designed for dispersal in “candles” like this is DM gas, the vomit gas that protestors believe is in use in Portland. This would mark a major escalation in the form of chemical warfare employed against protestors.
A civilian pepper spray.
Chemical Weapons
As with all many other less-lethal weapons, the distinctions between categories of chemicals are actually quite blurry.
Conventional parlance divides chemical weapons in two categories: tear gas and pepper spray. While these distinctions exist, they’re not clear-cut. If we imagine “tear gas” as clouds of smoke or dust and “pepper spray” as chemical sprays, this is really a question of methods of dispersal, not the actual chemicals being used.
We will discuss seven different chemicals herein. Although something like fifteen varieties have been developed, we will focus on the most common ones that are either known to be used against demonstrators or at least widely suspected of being used thus. Of those seven, five of them are usually dispersed as gas, while two usually appear as a chemical spray. But it’s possible for almost any chemical to be dispersed by almost any means, and we have seen quite a bit of crossover.
The five tear gasses, in brief, are:
CS gas, far and away the most common tear gas;
CN gas, an outdated tear gas that is more toxic and less effective, but is still in production and commercially available;
CR gas, which is sometimes called “fire gas,” known for being incredibly hard to decontaminate—this makes your skin burn even worse than other gasses, and is in suspected use but not listed as commercially available;
DM gas (or Adamsite), the nearly-mythical “vomit gas” that the police are suspected of using, though there is not yet hard evidence of its use;
and MPK gas, which to our knowledge is only used in Russia but might be of interest to some readers.
The two pepper spray chemicals are:
OC, the common “pepper spray” that is made from chile peppers; and
PAVA, a synthetic form of OC that appears to act in very similar ways.
We will largely conflate these two throughout this article, as we’ve had a hard time identifying any significant distinction between them.
The first self-defense sprays were actually filled with CN gas, but OC is generally more effective at disabling a target. There are sprays filled with CS, CN, and OC. There are also tear gas munitions filled with OC and PAVA.
For the ostensible purposes of crowd control, OC (or PAVA) is the most effective tear gas agent. It is the fastest acting, the most debilitating, and the least toxic, and its victims recover faster. CS gas is in second place; it is more traditionally used, and the most widely available.
By any measure, no other tear gas agent besides OC or CS has any use even from a statist point of view except to punish and poison people. They are outdated and cruel technologies. We don’t say that in order to ask for sympathy or to appeal to the moral judgment of the state, but simply to point out that the cruelty is the point.
Common pepper spray.
Tactical Considerations
Chemical weapons are used for a number of tactical purposes. As we’ve found with impact munitions, police employ them in many ways that they were never designed to be used. In general, tear gas is designed to control the movement of crowds, or to disperse crowds. Tear gas clouds are meant to discourage people from occupying particular areas. Police can use tear gas to direct a crowd much the same way that lines of riot police can: most people will avoid the gas and will move in the direction of clear air. The same crowd control effect can be done, on a smaller scale, with pepper-balls and the focused remote deployment of chemical weapons.
Sprays tend to be used closer up. Outside of demonstrations, they are used to subdue individuals. Inside of demonstrations, they are often used indiscriminately, to disperse, intimidate, or incapacitate a crowd.
Tear gas and other chemical weapons are specifically not designed for punishment: they are not designed to be deployed against a trapped crowd or a restrained individual. Police use them this way regularly, of course.
To prevent the police from accomplishing their crowd control goals, we simply refuse to be crowd-controlled. This can necessitate a certain amount of advance preparation.
To mitigate the effects of chemical weapons, personal protective equipment is in order. Our guide to gas masks and goggles gets into this in detail, but the short version is:
Wear long sleeves and long pants, minimizing the amount of exposed skin;
avoid wearing contact lenses;
avoid makeup and moisturizers and other skin creams, especially fat-based creams;
wear a gas mask, or a half-mask respirator with goggles, or a wet bandanna and goggles and keep moving.
Umbrellas can block chemical sprays. On the day Trump was inaugurated president, in the fabled “umbrella charge,” a single umbrella protected dozens of anarchists as they escaped from a police kettle, eight felonies, and a years-long court case.
January 20, 2017: the umbrella charge.
In light or moderate chemical weapon attacks, it’s usually sufficient for a few people to deactivate or throw back the canisters while medics and others treat those affected by sprays. It’s also possible to keep moving, so long as this doesn’t interfere the goals of the demonstrators.
Unfortunately, the heavy use of chemical weapons will tend to thin out a protest of people who are less prepared. Having wet bandannas (stored in individual ziplock bags) or other PPE available for distribution can be useful to enable the crowd to stay around longer.
Throwing Back Tear Gas Canisters
“It is never polite to throw back the tear gas… But sometimes love Sometimes real love Is fucking rude.”
Andrea Gibson, “Etiquette Leash”
Protestors regularly return tear gas canisters to those who have deployed them. Since tear gas is pyrotechnically deployed, most canisters are quite hot—hot enough to start fires or burn your skin. Anyone hoping to handle gas canisters should wear insulated work gloves made from fire-resistant material. Cheap hardware store gloves are not adequate; canisters have burned protestors through them. Synthetic materials, if not specifically designed to be fire-resistant, can melt into a person’s skin. Leather work gloves are often the simplest and best choice, though those who choose not to wear leather should be able to find heat-resistant synthetics.
People have also employed lacrosse sticks and hockey sticks to return tear gas canisters without touching them.
https://twitter.com/plsnotmike/status/1286951807168598018
https://twitter.com/MrOlmos/status/1285110589606334465
Police may employ pepper spray without putting on gas masks, but if they are going to gas an entire area, they will almost always put on masks or rotate in a new line of officers wearing protective gear. This is important: it means that if you keep an eye on the police, you should be able to tell in advance when they are preparing to gas you. It follows that, if anyone must be subjected to tear gas, it should be the people who are best equipped for it—the ones who deployed it in the first place. Of course, we’re not lawyers, and laws about which burning objects one is allowed to throw at the police likely vary by locality.
You should only throw canisters when you are aware of your surroundings and have an open space behind you. Before you throw a canister, take note of which direction the wind is blowing and where people are likely to need to go shortly, as well as where they currently are.
https://twitter.com/Gian_Neon/status/1268060951846281216
Neutralizing Tear Gas Canisters
In recent years, protestors around the world have been learning to neutralize gas canisters rather than simply tossing them back. These methods have the advantage of being a bit less confrontational.
Since most canisters are pyrotechnically deployed, it’s enough to simply put out the fire inside the canister. One rudimentary method, which does not require touching the canister at all, is to put a road cone over the canister and then pour water in through the hole at the top of the cone until it is doused.
https://twitter.com/hkfp/status/1158399008261464064
A more refined method involves picking up the canister with gloved hands and putting it in a large water bottle or a bucket of water. In Chile and some other parts of the world where communities in revolt have honed their practices, extinguishing canisters has become a distinct role in street protests. People playing this role bring a water jug with a wide mouth, containing a little baking soda, dish soap, and/or vegetable oil—3 tablespoons of each to 1 liter of water. When a canister arrives, they drop it in the jug, and shake the jug while covering the top with one hand just enough to keep the gas from getting out. If you try this, don’t seal the bottle—you don’t want it to explode.
https://twitter.com/crimethinc/status/1265808184519864320
Failing all else, if you aren’t prepared to neutralize the canister, it could be enough to simply cover it with something like a cooking pot or an orange road barrel. Some gas will leak out, but this will diminish its ability to hurt people.
Being Prepared for What Chemical Weapons Do
In theory, riot control agents are designed to be as uncomfortable and debilitating as possible without causing permanent damage. They irritate the lungs, eyes, and skin. They are lachrymatory agents, causing your eyes to water. Your nose might run. You might have trouble breathing. You might be unable to open your eyes. Some chemical weapons take effect almost immediately; others can affect you minutes after exposure. Some continue to irritate you long after you move to fresh air; others dissipate faster. Some are more toxic than others; some can cause permanent damage. We’ll discuss the specific effects of each chemical separately. But in short: sometimes exposure to riot control agents can be painful and debilitating, especially when you’re directly exposed to them without protection. In other cases, they may be simply irritating.
Shortness of breath is a specific and common problem resulting from exposure to chemical weapons. When this is combined with the shock of getting gassed, the overall stress of the situation, and irritated lungs, some people may feel as though they are going to pass out.
If you are experiencing this, try to get out of the area where the gas is deployed, sit up or stand with good posture to open your lungs, and try to breathe deeply. Even if your breathing is still restricted, the additional oxygen will lower your ambient stress level, enabling you to address some of the effects of anxiety and decreasing your heart rate. If you see other people who appear to be on the verge of passing out, try to get them to somewhere safe outside of the area of deployment and encourage them to breathe as deeply as possible.
The other thing that chemical weapons are intended to do is intimidate us. They are used to keep us out of the streets, to keep us from accomplishing our goals. If you are still building your experience in the streets, we recommend that you speak with coolheaded people who have considerable experience in public order situations about what to expect and how to handle the stress of chemical weapons attacks. If you are experiencing large-scale police violence for the first time, and you have the option, it can be a good idea to pace yourself, leaving a stressful situation when it becomes overwhelming, in order to slowly, steadily build a skillset for dealing with it levelheadedly. If you are aiming for longevity as a participant in social movements, it’s better to err on the side of caution at first than to ask too much of yourself, have a bad experience, and withdraw from the struggle.
Some of us have been hit by everything under the sun over the years and survived. The fact that we have and the experience of being among comrades who have persisted in spite of intense police violence have both done a lot to demystify the weaponry of the police.
For Those Who Are Particularly Vulnerable
Asthmatics and others with breathing difficulties should be particularly careful about exposure to chemical weapons. This could mean bringing a gas mask or being prepared to leave the area as soon as you see police preparing to deploy gas. It appears that asthmatics account for most of the deaths caused by these chemical agents. To be clear, while these agents do occasionally kill people, being gassed as an asthmatic is rarely fatal.
According to Sven-Eric Jordt, Ph.D., a tear gas researcher, children are particularly vulnerable to tear gas because of their smaller lungs, which have a very different surface-to-volume ratio than adults. This has not stopped federal officers from employing tear gas against migrant children at the US border.
Rumors abound about immunity to CS or OC, particularly in military circles.
Some people do appear to be naturally immune to CS gas, or at least more tolerant of it. It is indeed possible to build up the mental capacity to continue to function despite the pain and other effects. But there is no evidence that it is possible to develop a physiological immunity to CS or OC. In fact, on the contrary, repeat exposure to CS gas is known to cause sensitization—the opposite of tolerance.
US soldiers are exposed to CS gas during basic training as part of “mask confidence training,” aimed at demonstrating the effectiveness of their gas masks. During these trainings, it appears that some small portion of the population (perhaps 2-5%, according to speculation we’ve seen) is naturally resistant to the effects of CS. On one forum, we read that a soldier who was highly tolerant of CS gas let someone pepper spray him, erroneously believing that pepper spray (OC) is the same thing. It turned out that he was not immune to pepper spray.
The other common rumor within the ranks is that drill sergeants develop immunity to the gas as a consequence of repeated exposure. What is likely happening, instead, is either that the officers who display some naturally occurring tolerance of CS are put in charge of the CS exposure chamber, or that these instructors have developed a mental, rather than physiological, tolerance for the pain and discomfort that the gas causes.
In any case, it is ill-advised to routinely expose yourself to CS gas in hopes of building up a mental tolerance to it. Exposure to CS gas can cause a number of long-term health problems. Nor is there any evidence that eating hot peppers or the like can increase your tolerance of it.
Some police academies apparently teach racist myths about pepper spray, suggesting without evidence that Latin American and East Asian people are more tolerant of pepper spray—and therefore, it is implied, need to be sprayed longer—because of exposure to spicy food. This is just the latest in centuries of white supremacist pseudoscience justifying cruelty.
How to Treat the Effects of Chemical Agents
Depending on the agent, most of the effects of chemical agents will clear up after about 30 minutes of fresh air. Avoid rubbing your eyes. If you have contacts in, remove them as soon as possible.
Rinse your eyes with water—or, ideally, have someone else rinse your eyes. The best way to rinse someone’s eyes is to take a sports-style squirt water bottle and spray water into their open eyes. Bring a bottle for this purpose and use it only for flushes; do not drink from it, lest you contaminate it with saliva. You can open someone’s eyes with your thumb and forefinger; wear clean gloves, if you have them. It is enough to open their eyes just a little bit. Start rinsing from the inside of the eye, near the nose, and work your way to the outside. Do one eye at a time. Ask them to blink; remind them to not touch their face. Repeat as many times as necessary.
Spray the water from the sports bottle with some force: the goal is to flush the chemicals off the eye. Rinsing your eyes will not immediately alleviate the burning, but it will enable you to begin to recover.
To get tear gas and other contaminates off your skin, wash with soap and water. If the gas has dried as a powder on you (which is especially possible with expired tear gas), brush the powder off your skin and clothes before rinsing. While it’s been suggested that water “activates” the powder form of chemical irritants, experience has shown that removing it with water, or soap and water, is effective.
When you meet people after being gassed, if you are still wearing the same clothes or have remnants of the gas in your hair, warn them. You may not be affected by traces of gas that could still provoke a significant reaction in them, especially if they have asthma or similar conditions. This can also be a concern if you are entering enclosed spaces with others. Treat the risk of exposing others to tear gas secondhand as a consent issue.
When you have exited the conflict area after exposure, take off your outer clothes and double bag them until you have a chance to wash them. Shower, scrubbing your skin vigorously with soap. Be careful when you wash the chemicals out of your hair: if any get into your eyes, your genitals, or open wounds, it will hurt.
To deal with your clothes, wash them thoroughly, possibly through multiple cycles. Run the washing machine without anything in it afterwards to wash the inside of the washing machine itself. Drying your clothes outside on a line is preferable, so that any lingering effects can dissipate.
Tear Gas and COVID-19
Tear gas makes your nose run, and bodily fluids are effective vectors for COVID-19 infection. Concerned with minimizing the spread of a deadly disease, some medics who would otherwise be administering assistance to those exposed to chemical weapons have begun advocating that people treat themselves for chemical weapons exposure if they are able to. Failing this, you should wear gloves, eye protection, and a mask of your own when you are treating a person for chemical weapons exposure. Take care to clean and decontaminate as soon as you can.
Decontamination Wipes
Law enforcement use Sudecon wipes for decontaminating people from pepper spray and tear gas. Medics we’ve spoken to report that they haven’t seen a side-by-side comparison, but believe that Sudecon wipes might work at least as well as soap and water on skin.
Rosehip Medic Collective in Portland, Oregon has published a recipe for DIY decontamination wipes that were in wide use in the chemical-soaked streets there during summer 2020.
Begin with:
1 gallon warm water
2 tablespoons citric acid
Mix this well, then combine it with 21 fluid ounces of baby shampoo and mix it gently. Soak high quality paper towels in the mixture, and pack them into ziplock bags a few of them at a time. These should keep for a few days, or a few months in a refrigerator.
Medics in Portland have been manufacturing these with the help of a small rolling machine to distribute the moisture more evenly; they hope it will enable the wipes to keep longer. It also helps the medics to manufacture them more quickly.
People use many different remedies and treatments for chemical weapons—everything from milk to antacids and herbal concoctions. Based on our conversations with street medics and doctors, we recommend just using water for flushing out eyes and soap and water for washing skin. Why? After all, the doctor we spoke to pointed out that it doesn’t usually hurt, medically speaking, to use milk to flush out someone’s eyes.
We advocate for water because it’s readily available and it’s less likely to cause allergic reactions. We recommend it because it isn’t gross—getting arrested soaked in milk isn’t a pleasant experience—and because it doesn’t leave telltale white residue like antacid does, which appears more visibly on darker skin and has been used (for example, by police in the Ferguson uprising) to mark suspects for arrest. Perhaps most importantly, we recommend it because it demystifies chemical weapons.
The idea that we need some sort of special remedy to treat exposure to chemical weapons adds to their mystique and the fear they can inspire. But there’s nothing arcane about these irritants. Wash them off and get to fresh air. Even if you disagree with us that water is best, please do not interrupt experienced street medics who are applying water eye flushes. That is not helpful behavior.
There is an outdated protest technique (referred to as MOFIBA) that uses mineral oil to cleanse the skin of contaminants, but it has largely gone out of use because, if administered wrong (whether as a consequence of inexperience or of being applied in a tumultuous situation), it can do more harm than good. We won’t detail it here. Soap and water are effective for cleaning the skin. Decontamination wipes are good—possibly better—if you have them available, but they are not necessary.
Additional care can sometimes be useful, both medically and emotionally. As one street medic put it, they rub arnica lotion onto handcuff bruises because when someone shows you the bruising caused by police handcuffs, they’re showing you the physical evidence that they were assaulted and kidnapped. When you examine those bruises and apply a lotion, you’re showing that what happened to them matters and that the consequences are worth treating with care. The arnica lotion likely helps with the bruising, but the act of showing care matters too.
Some protestors in Chile have taken to spraying a room-temperature tea (made by boiling laurel leaves) into the eyes of those who are suffering from pepper-spray, and it seems to be effective. This is not a mechanical flushing of the eyes, but rather applied with a squirt bottle as an aftercare treatment to alleviate burning and to calm the person.
Some protestors in Hong Kong have carried spray bottles containing three teaspoons of baking soda for every 8.5 ounces of water. While the efficacy of this has not been directly studied, it lines up with the findings of a 2003 study to the effect that CS molecules are unstable and basic fluids like baking soda might accelerate that process of molecular breakdown.
https://twitter.com/nicole_froelich/status/1231084763412357121
The Geneva Protocol
Perhaps you’ve heard that the use of tear gas in war is a war crime, banned by the Geneva Protocol (which is distinct from and predates the Geneva Conventions). This is true. It’s not just that tear gas was accidentally swept up in a broad agreement not to employ chemical weapons, either. It’s in there explicitly by name.
In 1925, after the chemical horrors of the First World War, 38 countries signed the Geneva Protocol banning the use of chemical weapons. Most of the signatory countries assumed that this included tear gas and chemical herbicides dropped indiscriminately in remarkable quantities. The United States government decided not to share this interpretation. Throughout the 1960s, the US made extensive use of tear gas and herbicide (Agent Orange) in Vietnam.
Today, the Geneva Protocol makes it clear that tear gas is specifically prohibited.
Heads of state don’t want anyone else dropping chemicals on their civilians—but if that’s what it takes to maintain order internally, they’re all for it. So yes, international law explicitly forbids the use of tear gas in war, describing it as a war crime. But governments agree that it is fine to use it on us.
Types of Chemical Agent
We’ll review the properties and effects of the more common chemical agents here.
CS Gas
CS gas (2-chlorobenzalmalononitrile, C10H5ClN2) is the most common tear gas agent. Two US scientists, Corson and Stoughton, were the first to synthesize it; they named it after themselves. It was not weaponized into tear gas until the 1950s.
CS gas is found primarily in tear gas canisters, but it also appears in sprays, or laced throughout impact weapons.
CS gas is perceived to be substantially less toxic than CN gas, while being more effective at disabling people. It’s probably more toxic, and less disabling, than OC.
We know that CS can cause heart and liver issues. We know that intense exposure can cause chemical burns and scarring. But there is more.
In terms of immediate lethality, it is speculated that CS could kill in an enclosed space; protesters blamed several deaths in Tahrir Square during the uprising on CS. But this has not been confirmed. CS gas does seem to be less immediately capable of killing than other chemical agents. Its long-term effects, however, are troubling.
Most toxicity reports on CS are over fifty years old; new studies are somewhat rare. The US military is increasingly finding links between CS gas and persistent lung problems by studying the incidence of lung problems before and after soldiers are exposed to the CS gas chamber.
CS gas is clastogenic—that is, it can change your chromosomes. This primarily affects people who are capable of menstruation. Science has been slow to study these effects, but a large number of stories describe miscarriages, excessive bleeding, cramps, blood clots, and seizures after exposure to CS gas.
CS gas (unlike OC and the Russian tear gas MPK) is not generally considered as effective against dogs, bears, and some other mammals owing to different tear duct structure and some resistance from fur. It certainly causes discomfort, and studies have shown it is capable of killing dogs. Anecdotal reports from Turkey describe it killing birds by the thousands and blinding street cats.
As with all chemical weapons, the police do not use CS in a “pure” form—and the other chemicals it is adulterated with can also be toxic. We believe that the liquid/spray version, at least the one that the UK police use, employs methyl isobutyl ketone (MIBK) as a solvent. MIBK is itself toxic and can cause liver and kidney problems.
At least at the siege in Waco, the US government used CS aerosolized along with the solvent Dichloromethane, which has a sweet odor. It is carcinogenic.
Some comrades reported that at least some of the gas used during the G20 protests in Pittsburgh in 2009 smelled vaguely like banana candy.
A CS tear gas canister.
CN Gas
Phenacyl chloride is a common chemical used in organic chemistry. When it is weaponized as a tear gas, it is called CN gas (2-Chloroacetophenone). It was first developed as a tear gas during the First and Second World Wars, though it is not known to have been used during them.
CN gas is commercially available through any number of police weapon manufacturers, although there is no reason why it should be, considering that it is substantially more toxic and substantially less effective than CS gas. It is less common than CS or OC, but can be found in tear gas canisters, sprays, and laced throughout impact weapons.
CN gas was the active ingredient of “Mace,” the first brand of self-defense spray, before OC was developed.
CN gas has killed at least five people via heart damage or asphyxia. It has also caused contact dermatitis—sometimes permanently—in an unknowable number of police officers whose chemical weapons have accidentally leaked onto them. If it can injure police in that manner, it can injure us as well.
CR Gas
CR gas (dibenzoxazepine) is a tear gas agent that is suspected but not confirmed to be in use in the United States. It was developed in the UK in the 1960s and earns its nickname “fire gas” for its capacity to not just hurt your lungs and eyes, but to make your whole body feel like you’ve been thrown into a patch of nettles. It is said to smell sweet.
CR gas is allegedly 6-10 times more potent than CS gas, and while all the documentation we’ve found says that it is “less toxic” than CS, it is known to be capable of killing people by asphyxiation or pulmonary edema (liquid filling the lungs).
One of the worst things about CR gas is that it is substantially harder to decontaminate than other riot control agents. It can persist on surfaces for up to 60 days.
We have not found any manufacturers who advertise any products that contain CR gas.
Some protestors in Portland conjecture they might have been exposed to CR gas because some gas they were exposed to reacted particularly strongly to their sweat. The theory is that federal agents, tired of gas-masked protestors, utilized a weapon that causes suffering even to those who are masked. These federal agents might have access to old stores of CR gas, or perhaps do not need to go through public-facing commercial channels the way local police generally do.
However, CS gas (and perhaps especially expired CS gas, which might cause larger flakes that persist longer on the skin) also reacts to sweat to cause burning, and can be dispersed through sweet-smelling solvents. Chemists and others are currently trying to work out whether CR or DM have been in use in Portland.
One mysterious green gas officers utilized to assault protesters in Portland has been identified as HC gas.
DM Gas
DM gas (Adamsite, Diphenylaminechlorarsine) is another largely outdated and particularly vicious tear gas agent. Chemists in both Germany and the US developed it independently in the 1910s. It was originally burned in “candles” to disperse the gas.
DM gas is particularly ineffective as a riot control agent, as its effects take 5-10 minutes to set in. It would only be useful for inflicting punishment—for which purpose it would likely be effective, as its effects can easily last 12 hours. It starts like other tear gasses, with irritation to the eyes and lungs, but this develops into nausea, headache, and persistent vomiting.
DM gas was most notoriously used in the United States against the “Bonus Army,” a demonstration of 45,000 veterans of the First World War and their allies in DC in 1932. Eyewitnesses say that the gas suffocated two young children, though historians have been unable to confirm this.
Some people conjecture that DM gas was in use by federal agents in Portland in the summer of 2020, but it remains unproven. There were rumors describing green smoke that might have been DM gas, and reports that some tear gas had made people vomit. So far, no one has been able to prove or disprove this, though some green gas utilized in Portland has been identified as HC gas.
Toxic DM gas was used to target World War I veterans who participated in the “bonus march.”
Pepper Spray: OC
OC (oleoresin capsicum) is the only organically derived riot control agent we are aware of. It’s derived from capsaicin, the active component of chili peppers.
As far as the ostensible purpose of riot control agents go, OC seems to be the most effective: it is substantially more irritating and incapacitating than CS or CN gas, with a faster onset time than either, while apparently inflicting substantially fewer long-term adverse health effects on those exposed to it.
OC was first introduced as pepper spray, but has increasingly found its way into tear gas variants as well, appearing in tear gas grenades (both slow-burning and instant clouds of dust) and laced throughout impact weapons.
Lest we paint too rosy a picture of OC, it, too, can kill people—specifically, those who are exposed to a great deal of it, such as when police torture restrained arrestees with it, which is a common enough procedure. In particular, it can kill asthmatics by blocking off their lungs to air by “severe acute bronchospasm.”
OC in spray form is often suspended in propylene glycol, which is comparatively harmless by itself.
PAVA (Nonivamide, pelargonic acid vanillylamide) is a (usually) synthetic form of OC that is more common in Britain, where it is the most common form of pepper spray, than in the United States. The only use of it we’ve identified in the US so far is in pepper-balls and FN303 rounds.
PAVA does appear naturally, but manufacturers generally synthesize it. It is more heat-stable than OC. It is edible in the same way that OC is. We have yet to find any particular differentiation between the toxicity of PAVA and OC.
Most PAVA spray is suspended in aqueous ethanol. This is sometimes called PAVA 1. In other cases, it is suspended in a mixture of mono propylene glycol, ethanol, and water referred to as PAVA 2. PAVA 1 is flammable, while PAVA 2 is not. Neither are made of chemicals we know to be particularly toxic.
Western readers are unlikely to ever be exposed to MPK (N-nonanoylmorpholine), a tear gas used in Russia that is reported to be effective against dogs and people who are too intoxicated to be easily incapacitated by other chemical weapons. It is not as strong as other chemicals, so it is generally mixed with CS or CN gas. It is presumably less toxic than the chemicals it is mixed with, as it is reportedly sometimes used as a food additive as well.
Many canisters the police employ are just smoke grenades. Police use smoke grenades to mark areas with colored smoke, to hide their own positions and actions, to cause panic in the crowd, and, possibly, to refract lasers pointed their way (we are unsure of the efficacy of this, as there is a great deal of mixed information about lasers). Most chemical weapons manufacturers also offer smoke grenade versions of their various canisters and grenades.
Many military-style smoke grenades, called HC or HCE grenades, contain Hexachloroethane. Hexachloroethane is toxic through skin absorption, depressing the central nervous system; it is presumed to be a carcinogen. In mid-2020, federal agents in Portland, Oregon used outdated grenades containing HC. According to one researcher, HC is no longer manufactured in the USA, but is harvested as a byproduct of other chemical processes. While it is toxic, it seems considerably safer than the other chemical weapons police employ.
“Saf-smoke” grenades, the style manufactured by Defense Technologies, are advertised as less dangerous. The actual contents of Saf-smoke and other competing brands of smoke grenade are proprietary and not immediately available for review.
A “Saf-smoke” grenade.
Flash-bangs
These devices, which manufacturers call “distraction devices” or “disorientation devices,” are more commonly known as flash-bangs or stun grenades. They produce an intense flash of light and a loud bang as well as some concussive force. The light (upwards of 8 million candelas—as bright as eight million candles) blinds viewers for approximately five seconds and causes severe afterimages. The volume is around 160-180 decibels, substantially louder than any gunshot you are likely to ever hear; this deafens those in the vicinity, disrupting the fluid in the inner ear and sometimes causing dizziness.
Police occasionally use these in conjunction with baton charges or other impact weapons when they wish to knock demonstrators off guard. But at the end of the day, like so many police tactics, these are methods to intimidate people into complying, not methods that directly force people to comply.
Flash-bang grenades are generally made of solid steel or aluminum, designed not to fragment as a result of their detonation. Many of them are reloadable or refillable.
Some flash-bang grenades are “aerial warning/signaling” munitions designed to be fired into the air to explode over a crowd. These can come with or without chemical payloads; each round has a different range, ranging from 50 to 300 meters. There are versions for 12-gauge shotguns as well.
At least one manufacturer says that there should be a clear area of 5-6 feet around the site where a flash-bang will detonate; still, police regularly throw, fire, and roll these into crowds. While some are packed with rubber ball munitions, most are designed not to cause harm via impact. Yet they can maim or kill people, usually through burning. They’ve also been known to start fires, particularly when deployed indoors.
Flash-bang grenades.
Collecting Spent Munitions
Since there is so little oversight and so little information available about the weapons that taxpayers pay for police to shoot us with, protestors have taken to documenting spent shell casings to see what is being fired at them. Collecting spent munitions can contribute to useful pattern analysis. Some cities have people who are willing to come pick up munitions for this purpose. If your city doesn’t have anyone pursuing this, consider taking it on yourself.
The National Lawyers Guild is interested in knowing what people are being shot with; they are collecting information. So are we. Please contact us with photos and information.
Police in Portland seem to be convinced—or are trying to convince people—that picking up spent munitions is a crime and they have threatened to fire more munitions at anyone caught doing it. They have not managed to figure out exactly what crime it is, and we are not currently aware of anyone facing charges for doing so.
Police munitions are often found unexploded or unfired. It’s unclear to us if this is because these cartridges are firing without deploying properly, if they’re jamming the gun and being ejected unspent, or if police are simply dropping munitions on the ground by accident.
When opening a bag of spent munitions, it is possible to experience secondary effects from gas residue. Consider storing them double bagged in ziplock bags. Only handle them in open-air environments while wearing gloves and protective clothing.
The police sometimes attempt to mark those participating in demonstrations or suspected of crimes in hopes of arresting them later. In some cases, they may simply use marking to frighten us by making us believe that they will come looking for us, in hopes of limiting what we choose to do in the streets. We know of far more times that the police have used marking than times that this marking was later used to identify people for arrest or was presented as evidence in court. We would love to hear from anyone with more information about marking, whether through experience or research.
There are reports of police using pepper-ball rounds for marking at least as far back as the 2003 protests in Miami against the Free Trade Area of the Americas ministerial and the Iraq War protests of the same era.
We’ve been able to identify at least seven means by which police mark people:
Malodorants
Temporary powder
Washable paint
Indelible paint
UV dye
DNA marking
It is probable that colored, visible dye is used as well. These are often paired with other effects, such as 12-gauge beanbag rounds loaded with florescent green powder or FN303 rounds that add paint or dye to impact weaponry. We have also received reports that police in Portland have shined green laser pointers from the rooftops to mark protestors as targets for impact weapons or arrest.
There appears to be only one malodorant round on the market, the 40mm BIP Malodorant from Security Devices International, Inc. It is intended to mark people by smell and also to serve as a crowd deterrent. The smell was described by Fox News as “egg salad meets trash” and is said to disperse fairly quickly. None of us have heard of it being used at demonstrations.
Marking powder, paint, or dye can be applied via any means that chemicals are administered. Paintball guns, shotguns, and multi-launchers all have marking rounds available, and we’ve heard reports of police adding paint or dye to their water cannons.
We have yet to find information on the exact makeup of the paint or dye commonly included in marking rounds. Some manufacturers divide their products into “washable,” “indelible,” and “UV” or into “powder” and “liquid.” Security Devices International, Inc., for example, claims that their liquid marking round leaves a “semi-permanent stain” that “remains on the target and clothing up to 24 hours.” The data sheet for that particular round refers to its contents as a proprietary blend of inert materials. Other companies are no more forthcoming.
The easiest way to deal with a mark on your clothes that identifies you as a suspect is to get rid of the clothes. You should make this decision according to how important they are to you and what you fear you might be arrested for. A court case is usually more expensive than a windbreaker. You may also be able to leave an item of clothing somewhere—for example, in a bush or trash can—and come back later to see if you can recover it.
Washable paint and chalk should be the easiest to remove. It should wash off of skin with water, or soap and water and scrubbing. One way to remove water-based paint from clothes is to let the paint dry, then scrape off as much as you can with a butter knife or the back of a spoon; then hand-wash the item, passing warm water through the fabric from behind the stain, blotting it with a rag or paper towel; then mix half-detergent and half-water and rub that into the stain. Then rinse, and repeat the last step until the stain is gone or you are no longer drawing paint out of the clothes. In a worst-case scenario, try using small amounts of acetone (nail polish remover) or rubbing alcohol—but be advised, this might damage the item.
Oil-based paint, which might be used in the “indelible” paint, can be removed from skin by mixing olive oil and dish soap, lathering up your skin, and rinsing it off, repeating as necessary. You can remove oil-based paint from clothes by putting your clothes inside out on a stack of rags or paper towels and then pouring turpentine or another paint thinner onto the fabric from behind the stain, blotting it with rags. Once no more paint comes out that way, rub dishwater detergent into the stain and then leave the clothing in hot, soapy water overnight. Rinse it thoroughly in the morning, then throw your clothes into a washing machine.
UV ink can also be removed from both skin and clothes. In some ways, it may be easier to clean than other inks because it doesn’t really dry except under UV light (we are unsure if the UV light in sunlight will cause it to dry). Most UV ink appears to be alcohol-soluble, so using rubbing alcohol or even hairspray should help remove it from skin. Other recommendations we have seen include washing with diluted bleach water or scrubbing your skin with an abrasive mixture of sugar and dishwashing liquid. Still other people maintain that hot soapy water and plenty of abrasion will do. You could try washing your clothes repeatedly in hot water, checking with a UV flashlight as you go.
There are cheap, small flashlights available that come with both regular and UV LEDs. Usually, they are used by employees working door security to look for hand stamps—or by people who are checking their bedding for bedbugs.
There’s paint, there’s invisible ink, and then there’s… DNA marking. Actually, there are two different things that are called DNA marking. The first is a chemical weapon, usually a spray, that contains a unique blend of different metals and other materials, acting as a sort of chemical fingerprint that can be identified later. This type of tagging uses the word DNA only as advertising jargon. Each can, or shipment of cans, might contain its own unique fingerprint, though we have not been able to confirm this.
The other style of DNA marking uses DNA, literally. This DNA marking is a system that marks a target with synthetic DNA that can live on clothes or skin for several weeks. Both systems of DNA tagging work the same way: if someone is identified later by way of these tags, this can provide concrete evidence in court connecting them to potential criminal behavior.
There is every reason to believe that police are using one or both of these methods, though it is hard to know which one and precisely when they are using it. The 40mm DNA Forensic Marking round, for example, made by Security Devices International, Inc, uses a “botanical encrypted taggant in water” which we believe refers to actual synthetic DNA.
All the DNA marking materials that we’ve been able to find seem to be suspended in UV ink for dispersal, although we know of no reason that they would have to be.
As of this writing, we have not heard of any arrests or court cases related to the 2020 uprising that involved DNA marking. Most after-the-fact felony arrests of protestors seem to hinge instead of livestream footage and social media posts. This does not mean that it is not in use or that it will not be used in the future.
On Twitter, Minneapolis police have openly discussed using DNA marking spray, although they have not specifically claimed to have used it on protestors. It’s possible that they were conflating “UV marking” with “DNA tagging.”
Removing DNA marking
Since all available evidence suggests that DNA marking is carried in a UV dye, it seems probable that it can be removed in a similar way as one goes about removing UV dye. Most manufacturers claim that the marking lasts for “days,” or “several washes,” although at least one claims it lasts for “weeks.”
One manufacturer, Security Devices International (SDI), claims that it lasts 3-5 days on a person but 2-5 years on clothing.
Rumors from Portland suggest that the synthetic DNA is degraded by UV light. Some people have suggested that any clothes that one might not want to destroy or throw away—for example, body armor—should be left in the sun for several hours, with someone turning them regularly to make sure all parts of the items are exposed. Sunlight is bad for the plastic polymers of armor, especially soft bulletproof vests, so this might not be recommended for some materials. People also suggest using alcohol or hydrogen peroxide to break the DNA tag down, but this might degrade the material as well, especially in the case of hydrogen peroxide.
It all depends on how important it is to destroy the evidence that you were in a particular crowd at a particular time. Depending on the severity of the risk, you might replace all of your affected clothes and spend considerable time washing and exfoliating—or you could simply wash everything a couple times, take a few showers, and check yourself with a UV light.
SelectaDNA
Perhaps the first company to develop synthetic DNA marking for police use was SelectaDNA in the UK. SelectaDNA sells DNA spray, gel, and other devices directly to consumers for the purpose of home security. They also sell less-lethal .68 caliber air-powered weapons, a rifle and a pistol, to shoot DNA marking rounds at rioters. Both of these guns have an effective range of 30-40 meters and use 8-round magazines and a 20-round disposable CO2 cartridge. They are semi-automatic and can fire six rounds in a second. Each comes equipped with a camera. It’s unclear if the SelectaDNA pellets can be fired by other .68 caliber air guns.
Each pack of 16 pellets is uniquely coded. In theory, this means that police can do more than argue “this person was at the demonstration where we shot everyone with green paint, you can tell by the green paint”—they can claim “this is someone I shot with one of these 16 pellets, as registered on the timestamp of my rifle camera.”
The synthetic strands of DNA are carried by a UV ink substrate. It can be detected on a suspect with a UV light or smelled by specially-trained dogs. Presumably, the dogs are smelling the UV ink, not the DNA itself.
SelectaDNA has already caused controversy in the UK.
Defense Technology’s barricade rounds, called “Ferret” rounds, come in 12-gauge (with 2.5” shells), 37mm, and 40mm. The 12-gauge rounds have a velocity of 1000 fps and an effective range of 50-100 meters. The 37mm reputedly has a velocity of 450 fps an effective range of 50-200 yards (though we question this 200 yard claim—it seems like a typographical error). The 40mm variety has a velocity of 325 fps (liquid) or 375 fps (powder) and an effective range of 54 yards. ↩
One chart we found compares a 22-inch barrel with a 28-inch barrel, noting that a round will fire at 1304 fps from the 22-inch and 1331 fps from the 28-inch, but this may not map to the difference in velocity of a beanbag round. ↩
concussion grenades
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A Demonstrator’s Guide to Understanding Police Batons
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Protecting Yourself against Blows, Batons, Bullets, and More
EVERYBODY OUT!
Resources for a Season of Post-Election Unrest
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What Everyone Should Know
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Everything You Need to Know to Protect Your Eyes and Lungs from Gas and Projectiles
Esperanza no espera.
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Posted on April 16, 2018 April 17, 2018 by heirsandsuccesses
Chinese Surrogate Grandchild
Recently there have been reports of a baby born in China to a surrogate mother four years after his parents died in a car crash, the couple, who died in 2013, had frozen several embryos hoping to have a child through IVF.
The lack of precedent for a case of this kind in China required the deceased couple’s parents to undertake a protracted legal battle to be allowed to use the embryos. The future grandparents worked with a surrogacy agency and decided on Laos, where commercial surrogacy was legal.
In order to prove citizenship of the child, born in China – with the surrogate travelling there on a tourist visa; the grandparents had to prove paternity, to establish that the baby was indeed their grandson and that both parents had been Chinese nationals.
We have discussed previously the legal notion of a child who is En Ventre Sa Mere – in the mother’s womb. Who for the purpose of inheritance, is treated as having been in existence at the time of their father’s death if subsequently born alive.
In most jurisdictions legislation provides that where a married woman, with the consent of her husband, undergoes a fertilisation procedure as a result of which she becomes pregnant, the husband shall, for the purposes of the law of the State, be treated as if he were the father of any child born as a result of that pregnancy.
In Florida a man made a Will providing for his children however no provision was made in the will for posthumous children.
Eighteen months after he died, his wife gave birth to twins conceived via IVF treatment using the husband’s sperm deposited in the sperm bank. His widow applied for Social Security Survivors Benefits based on her husband’s lifetime earnings.
The man died in Florida, where children are not entitled to inherit from a parent if they were conceived after that parent’s death. The Social Security Administration applied state inheritance laws to decide if a person was a “child” under the Social Security Act and therefore ineligible for survivors benefits.
The Widow appealed the Social Security Administration’s decision to the US Court of Appeals for the Third Circuit which reversed the Social Security Administration’s decision.
On appeal the United States Supreme Court affirmed the original decision by imposing a time limit on when a child who’s conceived after the parent’s death must be born in order to inherit, suggesting that state legislators take into account the difficulties of administering an estate if a child born many years after her parent’s death was legally entitled to inherit part of the estate.
California and Iowa children must be conceived and in utero within two years of a parents death, however Delaware has no time limits as long as there is written consent from the deceased parent.
An Australian woman made an urgent application to the Queensland Supreme Court following her partner’s death seeking an order to have his testes and sperm removed and stored at a fertility clinic.
The Court granted the orders as the sperm had to be removed within 24hours to maintain viability. However to use any of the extracted material a further court order would be required.
The Court commented that in allowing the extraction of the testes and sperm it gave the woman the opportunity to reflect on
‘whether to proceed with the use of any extracted material’, and any further applications made by her ‘will not be rendered futile through loss of viability of the sperm’.
The English Court of Appeal has ordered the Human Fertilisation and Embryo Authority (HFEA) to reconsider an application by a 60-year-old British woman who wants to use her dead daughter’s frozen eggs to give birth to a grandchild to receive fertility treatment in the United States.
The woman’s daughter who died of bowel cancer in 2011 aged 28 wanted to have IVF treatment but became too ill.
HFEA faced an issue that the daughter had consented to treatment for egg removal and storage (including storage after her death) and also to the use of, other than for research purposes, her eggs after her death, she didn’t specifically consent to the proposed treatment.
The Court heard that the daughter was desperate to have children and asked her mother to “carry my babies”, believing she had signed all the necessary forms to authorise her mother to carry her child after her death.
The HFEA, which had great sympathy for the parents of the dead daughter, argued that after much consideration had decided that there wasn’t sufficient evidence of informed consent.
The Court of Appeal reaffirmed the need for informed consent but concluded there was sufficient evidence of the daughter’s true wishes.
The question that needs to be answered is whether artificial reproductive techniques that delay birth and lead to delays and complexity in the administration of a deceased estate, should such children be disentitled for the purposes of intestate succession or family provision where the child was not en ventre sa mere at the death of the intestate.
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Wartime/Conflict Veterans
Veterans who were NOT Dishonorably Discharged, and served at least 90 days
World War II – September 16, 1940 to July 25, 1947
Korean Conflict – June 27, 1950 to January 31, 1955
Vietnam Era – August 5, 1964 to May 7, 1975
Persian Gulf War - Check with the Veterans Administration Office
Afghanistan & Iraq – Check with the Veterans Administration Office
Veterans Administration website www.va.gov
Peacetime Service
At least 181 days of continuous active duty with no dishonorable discharge. If you were discharged earlier due to a service-related disability you should contact your Regional VA Office for eligibility verification.
July 26, 1947 to June 26, 1950
February 1, 1955 to August 4, 1964, or May 8, 1975 to September 7, 1980 (Enlisted), or to October 16, 1981 (Officer)
Enlisted Veterans whose service began after September 7, 1980, or officers who service began after October 16, 1981, must have completed 24-months of continuous active duty and been honorably discharged
Reserves and National Guard
Certain U.S. Citizens who served in the Armed Forces of a government allied with the United States during World War II.
Surviving spouse of an eligible Veteran who died resulting from service, and has not remarried.
The spouse of an Armed Forces member who served Active Duty, and was listed as a POW or MIA for more than 90-days.
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HomeMortgageCenter continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.
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Towards another model of health and disease
The report ‘Towards another model of health and disease – A new perspective on how to achieve good health for all across the EU’ is the ECH’s answer to Commissioner Byrne’s request to formulate what Europe needs to do to achieve good health for all across the EU.
Biomedicine, the predominant medical model in Europe, which is intrinsically interventionist, has earned an impressive reputation, when it comes to emergency medicine, trauma, the treatment of acute or life threatening conditions or conditions with irreversible tissue damage, and, in addition, the possibilities of medical technology — whether the use of miniature robots for surgery, genetic therapies, growing replacement organs and tissues. However, Europe is also confronted with ever increasing health care expenditure, an increasing prevalence of chronic diseases and failure of effectively managing them, a huge burden of adverse side effects and mortality due to the toxicity of prescription drugs, and a growing resistance to antibiotics.
Patients are becoming more and more worried about these issues and are, although not giving up biomedicine, increasingly looking for less-toxic and more humane alternatives, especially for chronic illness. Holistic medicine, with its fundamentally supportive nature and its potential to humanise modern medicine and widen its vision beyond disease to health and well-being, is much more effective than biomedicine when it comes to restoring the patients’ own natural systems for fighting disease and maintaining health with the aid of natural medicines, modification of lifestyle, dietary change and health psychology approaches.
Integrated medicine, which as the best of both worlds maximises both safety and choice, provides a new perspective on how to achieve good health for all European citizens.
The desirable way forward implies that the Member States and the European Union realize that it should be more responsive to patients’ demands. There are a few initiatives to integrate complementary and alternative medicine (CAM) with national health care systems and to expand the knowledgebase on CAM, namely by the WHO and the US and UK governments.
The time has come that all EU Member States adopt policies in order to define the role of CAM in national healthcare delivery systems. All the major CAM systems approach illness first by trying to support and induce the self-regenerating process of the person. If recovery can occur from this, the likelihood of adverse effects and the need for high-impact, high-cost intervention is reduced. It is this orientation towards self-healing and health promotion – salutogenesis rather than pathogenesis, or improving health rather than defeating disease – that makes CAM approaches especially appropriate.
The document can be downloaded here.
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Home TV Shows The New Legends Of Monkey Season 2: Release Date, Trailer, Cast, And...
The New Legends Of Monkey Season 2: Release Date, Trailer, Cast, And Plot Details
Udit Bishnoi
The New Legends Of Monkey Season 2 Updates: Makers of ‘The New Legends of Monkey’ are gearing up to release its second season. Gerald Johnstone is the director of the series while Rachael Gardner and Robin Scholes produced the series. It is an Australian-New Zealand TV show which is streamed at Netflix and TVNZ. This show is based on the popular novel ‘Journey to the West’.
The first season of this series was released with 10 episodes on January 28, 2018, in Australia. Later, Netflix picked up this show on April 28, 2018. Till now, the first season has received a mixed bag of positive and negative reviews. On IMDb, the show has got a rating of only 6.5 out of 10.
Also Read: Legends Of Tomorrow Season 6 Expected Release Date, Cast and Every Other Detail
But fans are wondering that when they will get to see the second season. They are also hoping that the second season will be better than the first season. Well, in this article we have gathered everything that you must know about the second season of ‘The New Legends of Monkey’.
The New Legends Of Monkey Season 2 The Release Date
We all know how the Coronavirus pandemic has slowed down the whole world. Several countries are still fighting with this deadly disease. In these stay-at-home conditions, productions and filming of several TV shows and movies are delayed or canceled.
Also Read: The New Legends Of Monkey Season 2 Netflix Release Date and Other Detail
But the good news is that makers and Netflix have confirmed that the second season of ‘The New Legends of Monkey’ will release on August 7, 2021, on Netflix with 10 episodes.
Also Read: Paatal Lok: Patriarchy, LGBTQ And Gender Abuse in Our Society
Till now, we haven’t received the confirmation of the whole cast of Season 2. But one thing is for sure that the main characters from Season 1 will be seen in this season 2. Therefore, the main cast is set to return in the second season.
The main cast includes:
Chai Hansen as Monkey
Luciane Buchanan as Tripitaka
Emilie Cocquerel as Sandy
Josh Thomson as Pigsy
Jarred Blakiston, David Watterson, Jordan Mooney, and Josh McKenzie can also be seen in the forthcoming season.
So this is all that we know so far about the second season. We will update our page if we receive any more updates before the release date.
Also Read: Black Mirror Season 6: Netflix Release Date & Everything We Know So Far
Udit Bishnoihttps://honknews.com/
Hey, I'm an undergraduate student, who has a side passion for writing. My music playlist and my mug of coffee are two things that work as a booster for me. I love to binge-watch shows and to write about them. Currently, I work as a content writer for Honknews.
Also Read: The Conjuring 3: Release Date, Cast Plot, And Every Other Detail
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Home » Celebrities » Colman Domingo on 'Euphoria' Reactions: 'I Feel Incredibly Grateful'
Colman Domingo on 'Euphoria' Reactions: 'I Feel Incredibly Grateful'
If there’s one performer who continues to surprise with every new project, it’s Colman Domingo. The 51-year-old actor not only leads Fear the Walking Dead, the AMC zombie apocalypse series he’s been on for the past six seasons, but has also made stunning appearances in both the HBO series, Euphoria, and the Netflix film adaptation of Ma Rainey’s Black Bottom.
It’s undoubtedly a long way from his days impersonating Maya Angelou on Logo’s Big Gay Sketch Show a decade ago. But for the multi-hyphenate performer, who has appeared in everything from Lincoln to the long-delayed Candyman sequel and has written for and performed on Broadway, it’s been a journey worth taking. “I’ve always been an artist that was concerned about moving forward,” Domingo tells ET, adding that while it hasn’t always been easy, he feels like “my name has been amplified, my work has been amplified and I feel like I’ve been discovered by many people.”
Now, Domingo’s getting attention like never before, earning critical acclaim for his recent on-screen performances including a supporting role as Cutler in Ma Rainey’s Black Bottom, the latest August Wilson play to get adapted for the screen.
Executive produced by Denzel Washington and directed by George C. Wolfe, Domingo plays one of the background musicians hired to play for legendary blues singer Ma Rainey (Viola Davis) during a long recording session one afternoon in 1920s Chicago. Over the course of the day, tempers flare and truths come out as trumpeter Levee (the late Chadwick Boseman) provokes his fellow musicians until they come to blows.
Serving as her proxy throughout tense negotiations between record producers and band members, “Cutler is the one character who truly understands Ma, which is why he’s the closest to her,” Domingo says. Ultimately, he acts as a buffer, absorbing the punches from both sides while trying to make sure everyone is heard, the records are made and people get paid.
He adds, “Her fight is his fight.”
When it comes to joining the project, Domingo says, “I just wanted to be in that room. I wanted to be in the room with all these artists who are at the top of their game and who are committed. And not only to films like this, but to social justice, they’re committed to incredible, impactful representation of Black life. And that speaks fully to me.”
The film’s release on Netflix comes just two weeks after Euphoria returned for an all-new, special episode filmed amid the coronavirus pandemic. It’s one of two being released before the series continues with a second season.
While Euphoria is very much Zendaya’s show, leading an ensemble of disaffected youth as Rue in creator Sam Levinson’s provocative look at teen life in America, Colman brings levity and balance to her performance. Introduced halfway through season 1, the actor plays Ali, who eventually becomes Rue’s Narcotics Anonymous sponsor but is cautious of her relationship with Jules (Hunter Schafer).
After Rue relapses in the finale, the series picks up hours later in a diner where she meets up with Ali to reflect on her addition in a special episode that takes place on Christmas Eve. Released on HBO at the beginning of December (on St. Nicholas Day, for those who celebrate), the episode plays out like a stark but compelling version of My Dinner with Andre with Domingo and Zendaya fully locked into their characters and each other.
“I feel incredibly grateful that Sam trusted me and Zendaya with that episode, to say those words, to resonate those moments, to sit across that table and have a difficult conversation and sort of respond to the bigger questions that we’ve had in our society,” Domingo says of “people coming in, sitting across from each other and having difficult conversations, whether it’s about race, whether it’s about addiction, whether it’s about politics, you name it. So, it feels like he’s sort of trying to set the example that it can be done.”
Initially, the conversation was broken up into various scenes across the first few episodes of season two, but the pandemic forced the production to temporarily shut down and rethink its approach. “When we did our table read, maybe a third of those conversations were sprinkled throughout the episodes,” Domingo says before Levinson decided to combine it all into the special episode to “really have a sit-down and lay it bare.”
In order to prepare, Domingo requested the full script from Levinson as early as he could get it so he could just start running through it over and over again at home. “I just needed to get it under my skin,” he says. “I just want to give it all that I had and leave it all on the floor.”
And when it came to filming the episode, Domingo says he didn’t have to think about the text, he could just be in the moment and be present for Zendaya. “She’s the most malleable actor I’ve ever worked with,” he adds. “We just danced together. It would feel like a ballet at times, and then at times it was a boxing match, and then we were sparring.” But all of it, he says, felt right in the moment; it felt like what was needed to bring Levinson’s script to life on camera.
While not typically a “Twitter person,” Domingo found himself going on the social media platform after the episode debuted to see how it was resonating with audiences. “Boy, it knocked me off my feet. I couldn’t believe their responses,” he says. “So I thought, ‘Oh my God. It’s doing the work that I hope it would do.’”
Although Euphoria and Ma Rainey’s Black Bottom tell two very different stories, they’re both about queer women of color with Domingo, who is openly gay, playing supporting roles in both of them. It’s not something he takes for granted, especially considering the long history of adversity the LGBTQ community has had to overcome to be open and out — and to now tell their own stories.
“Right now, artists are saying, ‘Don’t just have my artistry at the table, have all of me,’” he says. “I feel like, to be honest, I’ve been able to be a bit more open in my life because I think it’s even more important now. I’m not sure if I’m fine anymore with just people just having my art. Have my thoughts and what I think about it, to give you a fullness of a full human being.”
The actor adds, “I think we owe it to people like Ma and these people who took the knocks for us so we can actually have a choice. And now you have television shows that are embracing that, saying your uniqueness is an asset. Hopefully shows like Euphoria and films like Ma Rainey’s Black Bottom are moving the dial on our humanity and making sure that everyone has the right be exactly who they are.”
Reflecting on his 30-year-long career, Domingo says that he’s grateful for the accolades and positive reviews he’s earned, but somehow appreciation for the special Euphoria episode hit him in a way he wasn’t expecting. “I sat in my makeup chair on the set of Free the Walking Dead the day after [it premiered] and someone played ‘Have Yourself a Merry Little Christmas.’ Suddenly a 51-year-old man burst into tears,” he recalls.
“In hindsight, I think I took in all those thoughts of what we hope we can do as artists, and how we can connect people, make them feel something and feel more human,” Domingo continues. “And then I had this moment of gratitude… I think the episode feels like ‘Have Yourself a Merry Little Christmas.’ It is not the most joyful song, right? It is exactly what it’s supposed to be: bittersweet. It also has a little bit of hope in it. So I think I connected with that in the song and Euphoria and it just came out of me in this real organic way. And I feel incredibly grateful.”
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Matt James' Official Bachelor Cast Is Announced — Meet the 32 Women Vying for His Heart »
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We are committed to the safety and wellbeing of everyone who visits our events to do business with confidence. Our practices is in accordance with all the health & safety guidelines set out by the local authorities. The event will be delivered with strict standards of health & safety precautionary measures including temperature screening, crowd controling, social distancing, facemaks wearing, contactless transactions and hygiene protocols.
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Home » Higher Organising Committee of IDEX and NAVDEX and International Defence Conference prepare for the 2021 edition
Higher Organising Committee of IDEX and NAVDEX and International Defence Conference prepare for the 2021 edition
Press Release Date: Abu Dhabi, UAE – 9 December 2020:
Abu Dhabi, UAE – 9 December 2020: The Higher Organising Committee for the International Defence Exhibition (IDEX 2021), the Naval Defence Exhibition (NAVDEX 2021), and the International Defence Conference, held under the patronage of His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, have discussed preparations for the two exhibitions in their fourth meeting. IDEX and NAVDEX will be held from 21 – 25 February 2021 at the Abu Dhabi National Exhibition Centre, with the International Defence Conference being held on 20 February at the ADNOC Business Centre.
The Committee has announced that the exhibitions will see the participation of five new countries for the first time in the history of the exhibitions: Israel, Luxembourg, Macedonia, Portugal, and Azerbaijan. These additions have increased the number of countries taking part in IDEX and NAVDEX 2021 to over 60 nations, with 1,300 defence companies due to take part. Such participation demonstrates Abu Dhabi’s international position and its ability to attract a wide range of nations to participate in one of the globally leading events in the defence sector, in spite of the ongoing conditions imposed by the COVID-19 pandemic.
IDEX 2021, NAVDEX 2021, and the International Defence Conference are organised by the Abu Dhabi National Exhibitions Company (ADNEC), in cooperation with the Ministry of Defence and the General Command of the UAE Armed Forces. The events showcase the latest developments in the defence sector. They will highlight the latest in military technology, fast-tracking the development of the national defence sector. Additionally, the exhibitions forge new strategic relationships between entities attending the event and major international companies specialised in these sectors.
Both the exhibitions and the conference will be discussing how technological adoption can meet shifting global challenges, as well as discussing strategic development that can contribute toward world peace.
His Excellency Major General Staff Pilot Faris Khalaf Al Mazrouei, Chairman of the Higher Organising Committee for IDEX and NAVDEX and the International Defence Conference 2021, said: “The UAE is well known as an attractive and safe destination, ready to welcome visitors from across the world. We anticipate a large turnout at IDEX and at NAVDEX, which will be held at the beginning of 2021. In spite of the ongoing challenging global conditions, we are ready to welcome the world once again to Abu Dhabi. The UAE has seen a rapid pace of recovery from the COVID-19 pandemic. International participants and visitors will have the opportunity to explore the latest in defence and military systems, as well as see some of the most innovative developments in these industries, given the participation of leading international companies.”
His Excellency Major General Staff Pilot Ishaq Saleh Al-Balushi, Vice Chairman of the Higher Organising Committee for IDEX and NAVDEX and the International Defence Conference 2021, commented: “IDEX and NAVDEX play a pivotal role in developing both the national and international defence sector. Our previous editions are indicative of the ongoing success that IDEX and NAVDEX have had over their history. As we make our final preparations, we have doubled our efforts and we are cooperating with a range of entities working in both the private and public sectors. Our work is proceeding according to thorough strategies that will facilitate the welcoming of VIPs, participants, guests, and visitors of the exhibitions. We look to ensure the safety and security of our participants, as well as organising an event that befits the international reputation and stature of the UAE.”
Humaid Matar Al Dhaheri, Managing Director and Group CEO of ADNEC, commented: “ADNEC’s preparations to host the upcoming edition of IDEX 2021, the Naval Defence Exhibition NAVDEX 2021, and the International Defence Conference are well underway. We are continuing to cooperate with a wide range of relevant authorities, and have implemented a wide range of precautionary and preventative measures to ensure the health and safety of both visitors and participants. We want to set global benchmarks in the organisation and hosting of international exhibitions, demonstrating Abu Dhabi’s continued status as the region’s capital for business tourism.”
The Higher Organising Committee of IDEX and NAVDEX and the International Defence Conference are working with a range of entities in the UAE to develop this strategic event. The Committee is studying a wide range of measures that will facilitate the welcoming of international participants, exhibitors, and visitors, supporting their participation in the upcoming edition. The Committee is looking to ensure the implementation of preventive measures, providing leading health and standards for all attending the exhibition.
The 2021 International Defence Conference, accompanying the IDEX and NAVDEX exhibitions, will be held for the first time as a hybrid event, bringing together experts and specialists from all over the world virtually and on-ground at the ADNOC Business Centre. Participants will discuss the impact of innovation on the defence sector, alongside exploring how to use technology in the fourth industrial revolution. The conference will demonstrate Abu Dhabi’s leading role in advancing the global defence sector. Furthermore, it will demonstrate how international cooperation can lead to new ways for the global sector to face future challenges.
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Students conduct habitat restoration at the Baldwin Hills Scenic Overlook. (Photo courtesy of Baldwin Hills Greenhouse Program)
An opportunity for students and the environment
Brandon KimFebruary 15, 2019
The sky lights up in red and orange as the sun sets over Baldwin Hills, and with it, another workday for the dedicated 40-some-odd students in L.A. Audubon’s state park-specific program for high schoolers.
The Baldwin Hills Greenhouse Program isn’t the most well-known environmental program around, but for its students, which mostly come from the nearby Culver City and Dorsey high schools, it’s quickly grown into one of their most important after-school responsibilities.
Students who join the program are asked to apply for one of two categories: Restoration Leaders, who work in habitat restoration — as in weeding, planting native plants, and the such — and interns, who are asked to attempt a college senior thesis-esque endeavor in designing a project of their own choosing, conducting research, and presenting their findings at the end of the school year. It’s difficult work, and it’s certainly visible in how seriously the students take the program.
Ingrid Carrillo is one such former student. Now a current staff member, Carrillo started out as a restoration leader, doing hands-on work and often teaching children aged 10 to 11 in one of the program’s many field trips to nearby elementary schools.
Such trips typically consist of activities designed to educate the younger students about nature and Los Angeles’s local environment while still remaining fun and engaging enough to keep their attention.
It’s Carrillo’s work as an intern, however, that really shows the importance of this program for students. Her project involved measuring hummingbird abundance in the Baldwin Hills, with Carrillo conducting research at different locations in the state park and presenting her findings to her peers in May.
“It was a huge deal,” she said. “I was literally contributing to nationwide data on birds, so the responsibility was very empowering.”
Of course, both interns and restoration leaders aren’t just thrown into these responsibilities without any preparation — a large part of the program involves educating the students about the Baldwin Hills Scenic Overlook state park in which they conduct their work and Los Angeles’s environment as a whole.
Students learn to recognize and identify native plants and animals, discuss issues like Southern California’s drought and its relationship with the concreting of Los Angeles’s two major waterways in the L.A. River and La Ballona Creek, and in general grow more connected to the environment and learn to recognize its significance.
“I believe that this program really helps give students a much greater awareness of their local environment,” said program director and L.A. Audubon project biologist Stacey Vigallon. “Students in high school often get stereotyped as typical teens who don’t care about the environment, so this program shows that young people can and do value nature.”
The Baldwin Hills Greenhouse Program has value beyond just environmental education, of course, as shown by the experiences of students like Culver City High School sophomore Savannah House. For House, the program has helped enormously in helping her to decide her career — she says that it is has helped her specify where to go in terms of her future and confirmed her career path in environmental science.
Other graduated students have taken the skills learned in Greenhouse and applied it to opportunities outside of the program, such as college courses. Some, as in the case of Carrillo, have even returned to the Greenhouse Program long after their high school graduation — only this time as staff members.
“I saw this program as an opportunity than shouldn’t be taken for granted. Taking the skills I learned here and applying it to college really gave me verification that this is the type of thing that I want to do as a career — so I came back,” Carrillo said about her decision to return.
In the end, the Baldwin Hills Greenhouse Program is an incredibly valuable program that not only helps to engage students in the environment and learn about its importance, but also teach them responsibility and help point them towards their career paths.
For the students, this program holds much value in terms of their development as young adults who will soon be facing real responsibilities. And for our environment, constantly under attack by politicians — a group that includes our current president — such a program couldn’t be more helpful in helping to raise a new generation of Americans who do, in fact, care about nature.
Features Hero News
baldwin hills scenic overlook Environment volunteering
Album review: ‘A Brief Inquiry Into Online Relationships’
Opinion: College Board works against students and their wallets
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William P. Jarrett
6 1/2 × 8 1/2 in. (16.5 × 21.6 cm)
PA2014.09.0069e
In 1926, marble champ Francis Kau gave Hawaiian Delegate William Jarrett a lesson. Kau stopped in Washington, D.C., on the way from Honolulu to Atlantic City, where he would compete in the 1926 National Marbles Tournament. Even in the midst of bragging, Kau remembered that Hawaii was a territory, not a state: “I am the champion marble shooter of the Hawaiian Islands,” he said. “And I am going to be the champion marble shooter of America and all its possessions, I hope.”
Hawaiian Delegate to Congress Has Daughter for Secretary
Nine Year Old Polish Chess Wizard Challenges Champions of the Three Political Parties of Congress
JARRETT, William P.
From the Blog: It’s All Fun and Games Until
History, Art & Archives, U.S. House of Representatives, “William P. Jarrett,” https://history.house.gov/Collection/Listing/PA2014/PA2014-09-0069e/ (January 17, 2021)
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Jarrell J. Priess Celebrated for Dedication to the Field of Aerospace Engineering
HOUSTON, TX, November 24, 2020 /24-7PressRelease/ — Jarrell J. Priess has been included in Marquis Who’s Who. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection process.
Coupled with the encouragement of his mother, Mr. Priess decided to join the military and enlist in the U.S. National Guard in 1954 following the Korean War. In 1986, he retired as a lieutenant colonel with the U.S. Army Reserve. Equally inspired to delve into engineering by his father, an electrical engineer, he earned a Bachelor of Science in Electrical Engineering from the University of Kansas. In the years following his graduation, Mr. Priess has steadily found much success within the engineering and aerospace industries.
Now retired, Mr. Priess had established himself as a noteworthy aerospace engineer and facilities coordinator at the Lyndon B. Johnson Space Center, located in Houston. Affiliated with the National Aeronautics and Space Administration (NASA) for more than five decades, he is most gratified by his nearly 35-year career within the U.S. Army, in which he supported the military in a number of remarkable endeavors. Notably, Mr. Priess participated as a staff member with a team that modified aircrafts which were utilized by astronauts for when they returned to the Earth’s atmosphere.
Attributing his profound success to the diligent work ethic he developed in his youth, as well as a driving force to succeed in his profession, Mr. Priess has obtained numerous accolades in recognition of his ventures. In 1976, he was presented with the Superior Sustainability Award. Likewise, he accepted several Superior Performance Appraisals from NASA over the course of his career. Most recently, Mr. Priess was inducted to the Stafford Kansas Hall of Fame in October of 2014.
Currently residing in Houston, Mr. Priess is the proud father of two daughters. He is also a loving grandfather to four grandchildren and great-grandfather of a great-grandchild. Looking toward the future, Mr. Priess intends to continue enjoying his retirement whilst supporting his favorite hobbies and activities.
About Marquis Who’s Who®
Since 1899, when A. N. Marquis printed the First Edition of Who’s Who in America®, Marquis Who’s Who® has chronicled the lives of the most accomplished individuals and innovators from every significant field of endeavor, including politics, business, medicine, law, education, art, religion and entertainment. Today, Who’s Who in America® remains an essential biographical source for thousands of researchers, journalists, librarians and executive search firms around the world. Marquis® now publishes many Who’s Who titles, including Who’s Who in America®, Who’s Who in the World®, Who’s Who in American Law®, Who’s Who in Medicine and Healthcare®, Who’s Who in Science and Engineering®, and Who’s Who in Asia®. Marquis® publications may be visited at the official Marquis Who’s Who® website at www.marquiswhoswho.com.
Published on : https://www.24-7pressrelease.com/press-release/477501/jarrell-j-priess-celebrated-for-dedication-to-the-field-of-aerospace-engineering
V-Trans Announces the Starting of Its Operations to SAARC Countries on the 62nd Foundation Day ekar Launches Mobility Software Solution for Fleet Owners
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Why Amazing Space?
Amazing Space, News, Sustainability
Did you know that the land where Amazing Space now sits, and the surrounding prairie, was farmland until 1996? That’s the year Indian Creek Nature Center purchased the land from the Bena family before restoring it to prairie. Soon after the purchase, an army of volunteers ripped out miles of fence line, planted over 3,000 trees, built trails and seeded 20 acres of prairie where crop fields had been. Without the vision of the Nature Center’s leadership, and the efforts of hundreds of volunteers, we would not have been able to create a place that connects thousands of people each year to the beauty of nature.
The location of Amazing Space was very thoughtfully chosen. First, our vision is to create champions of nature. We know that only people who care deeply about the natural world and feel passionate about it will work to protect it. Everything we do fits into this vision, and central to that is getting our visitors and program attendees outside into nature. Our new location, only steps away from our woodlands, prairie and wetlands, enables us to immerse people of all ages, even small children, in these fascinating habitats, because it’s literally right outside our doors.
We understand the importance of untouched wild areas, but we also recognize the immense value of making nature accessible, and that is the purpose of Amazing Space. Places where people learn about and interact with nature are a necessity in a world where a majority of us now live in urban environments. For a child living in Cedar Rapids, a field trip to the Nature Center may be his or her only opportunity to walk in the woods, learn about wetland creatures, or witness monarch butterflies. We won’t have people who care about protecting our natural resources if we don’t also have places like Indian Creek Nature Center that make it easy for children and adults to get into nature, learn about it, and become passionate about it.
The Amazing Space building itself provides an inspiring, dynamic learning environment for over 14,000 children a year that attend our field trips and programs, and many thousands more casual visitors and program attendees. It addresses many issues presented by the barn building, which served as the Nature Center’s headquarters since 1979. The barn was charming and nostalgic, but also presented challenges that limited its ability to bring ICNC into the future including inaccessibility to people with disabilities, a lack of usable space for programs and field trips, soaring temperatures in the non-air conditioned upper level office and program spaces, rodent damage, and other challenges related to living in an aging building. The organization recognized years ago that to stay relevant and achieve our mission into the future, a new headquarters would be necessary.
From the very beginning of our building project, we firmly committed to minimizing our impact on the environment and setting an example of environmental stewardship for our community and the entire country. This led us to seek to achieve the Living Building Challenge, the most rigorous standard of environmental sustainability, years beyond LEED certification. The goal of the Living Building Challenge (LBC) is not just to minimize, but to eliminate the negative environmental impact of a building project. LBC includes seven petals, including Place, Water, Energy, Health & Happiness, Materials, Equity, and Beauty. These petals influenced every aspect of the project, from the actual building design (it resembles a chicken coop because it’s designed to be as energy efficient as possible), to the sourcing of materials (almost all from within a 500 mile radius). The level of care that the architect, contractors, board members and staff have put into achieving these rigorous standards cannot be overstated, and we put in this effort not because it’s trendy, and definitely not because it’s easy or affordable, but because it’s the right thing to do.
Since we chose to build this project close to the prairie that our volunteers and staff worked so hard to create, we wanted to make as small of an impact possible on the land. The Living Building Challenge said the work site needs to be as tight as possible, and it was under 5 acres. The total space covered by hard surfaces on the Amazing Space campus is only 1.6 acres. On the rest of the land that was disrupted during construction, we are replanting prairie as well as native trees and shrubs. We retained the top soil during construction and returned it to the land to give the landscaping a great start.
Amazing Space is an investment in the next generation. It’s already bringing new people into nature – even people who wouldn’t consider themselves nature lovers – and it’s resonating with them. It’s getting children so excited that they want to bring their parents back – parents who maybe never placed importance on getting their kids outside. It has educated area developers and contractors on what it takes to build a truly sustainable building, and it’s inspiring others to do the same. It’s creating a sense of place through programs and events that bring the community, people of all ages and backgrounds, together. And, it’s surrounded by 15 acres of prairie, beautiful wetlands and well-managed woodlands that exist because of the vision of this organization to create a place that inspires and connects people to nature.
We hope you’ll join us out here and see for yourself.
Get tickets for Soup’s On!
TRAIL NOTICE: Bikes on our trails this weekend
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Garbine Muguruza awarded wildcard at Sydney International
World number two Garbine Muguruza hopes to step up her preparations for the Australian Open after she was forced to retire with leg cramps during her opening match at the Brisbane International
By: Reuters | January 4, 2018 12:43:37 pm
Garbine Muguruza of Spain reacts as she lies on the court during her second round match against Serbia’s Aleksandra Krunic. (Reuters)
Wimbledon champion Garbine Muguruza has accepted a wildcard into next week’s Sydney International, the tournament organisers said on Thursday. World number two Muguruza hopes to step up her preparations for the Australian Open after she was forced to retire with leg cramps during her opening match at the Brisbane International on Tuesday.
“I’ve only played in Sydney once before and I really enjoyed the conditions there, and the beautiful city,” the 24-year-old Spaniard said in a statement. “This wildcard is a very valuable opportunity for me get back on the court and hopefully play a few more matches before the first Grand Slam of the year in Melbourne.
“The Sydney draw is incredibly strong and there will be no easy matches.” The tournament, which begins at Sydney Olympic Park on Sunday, will feature three of the four current women’s grand slam holders as Muguruza will be joined by US Open champion Sloane Stephens and Roland Garros winner Jelena Ostapenko.
The field also include seven-time grand slam winner Venus Williams, two-time Wimbledon champion Petra Kvitova, 2016 Australian and US Open champion Angelique Kerber and Australia’s 2011 US Open champion Sam Stosur. The opening grand slam of the season takes place at Melbourne Park from Jan. 15-28.
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Press/Stories
The Meaghers
When Samm and John Meagher reflect on the process of building their dream family home, John acknowledges that it was, at times, emotional. Together with Samm, he wanted every detail to be right so that the space was maximised to be enjoyed by the family for many years to come.
The house is calm and serene before school and work days are over, but when they drip feed in from their respective days, it’s easy to see that this tight knit family of six have fun together, with many laughs shared between parents and kids.
But, family fun aside, the couple put a lot of thought into researching their options when it came time to build. “We had been considering building for some time, but the process always seemed a daunting one, given our busy lives with family and work,” Samm explains.
Samm is a publicist turned fitness instructor, and John is the founder and managing director of residential project development sales agency, Three Sixty Property Group. Bring four children into the picture, and you can understand how the dream family home spent some time as a dream before becoming reality.
“We were drawn to InForm because of the design aesthetic and because it is a long-established, family-run business that had the expertise to manage the entire process from design to demolition to hand-over and beyond.”
With over 20 years’ experience in the property development industry, John’s line of work also meant that he was very thorough with the process and the details. He explored many options, from design and construction firms to engaging architects and finding a builder, but InForm’s flexible yet methodical approach stuck out to him.
“We did our research on a lot of design and construction firms, but we thought that we’d be constrained by their particular models,” John says.
“There was one big firm we considered that was trying to put a square peg in a round hole. Their home design didn’t fit our site, while the InForm team were so engaged in designing something completely custom to our block and our family’s needs.”
"You still feel connected with everyone else in the house and there are no areas that are not used or loved.”
The resulting design was every bit as unique as promised, and the design team worked collaboratively with Samm and John to get every last detail right. In fact, the process was so enjoyable for Samm and John that moving in was almost bittersweet.
“When we moved in, we were obviously thrilled to the point that Samm and I often found ourselves laughing because we couldn’t believe how lucky we were,” John says. “But, we were also a little bit sad because all of a sudden we weren’t speaking with our InForm family as often.”
As you walk into the Meagher’s new home, the first thing that is apparent is the sense of light and space. It’s large and lofty – far bigger than your average Melbourne home – yet it’s incredibly warm and peaceful.
“The flow of the house is beautiful,” Samm tells me. “Even though it is large, you still feel connected with everyone else in the house and there are no areas that are not used or loved.”
The architecture and interior does not seek to be grand or opulent. Instead, it offers space for each family member to find retreat without feeling disconnected. “One of my concerns with building a larger home was that we’d lose that feeling of togetherness, but it’s probably brought us closer together,” says John.
Sam agrees. The result of thoughtful, purposeful design planning, Samm was intent on striking the balance of togetherness and space. “This was a huge focus of the design, to give each family member some peace without disbanding us, and I couldn’t be happier with how the family works within the space.”
As we wrap up our shoot, I’m offered a lens into what family life is like for the Meaghers in their new home. John and Samm continue to talk house with me around the kitchen bench as the kids and their friends fly in and out of the room, laughing and asking their parents questions about the weekend along the way.
With Saturday morning sport on the agenda for the following morning, John tells me how the kitchen, the hub of the home, becomes a production line of making smoothies and breakfast in the morning before the day’s busy activities ahead.
But at the end of the day, Sam tells me, it’s all about coming back together in the ‘snug’, as the second living room has affectionately become known. “We love hanging out there all together, watching a movie or just debriefing on the day.”
As I picture the family of six – soccer uniforms and all – piling into the dimly lit snug after a big day at school and work, it is clear to see that their home fits its purpose; a place designed and built for family enjoyment, indeed.As our conversation concludes, and Adrian returns to his work, it’s abundantly clear that this family is contented and comfortable in their urban haven. Summer, or winter, it seems, this home is fit for purpose.
This story is an extract from UnFold, our print magazine. Please contact InForm for a copy.
InForm Office
229 Bay Road,
Sandringham Vic 3191
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Insights & Art
Straight from the dome to the plate.
Tag: Emperor Hirohito
The Collapse of Tradition
“IS THE GRAVE OF THE FIREFLIES AN ANTI-WAR FILM?”
‘Animation produces emotional effects not by reproducing reality, but by heightening and simplifying it.’
– Roger Ebert
Roger Ebert famously hailed Grave of the Fireflies (Hotaru no Haka) as one of the greatest anti-war films ever created. Since its initial release this animated classic, directed by Isao Takahata, has been associated with the dangers of militarism and the dehumanising effects of war. As Takahata and author Akiyuki Nosaka were both victims of American firebombings, there are certainly elements of pacifism which underscore the duration of the film. However it seems the real battlefield is the Japanese home front, and it is these rules and expectations which Seita and Setsuko have to navigate. The war is arguably just a trigger to explore the self-inflicted cannibalisation of Japanese society and the disintegration of ie.
Throughout many interviews Takahata has maintained that the target audience was the younger generation of the 1980s, and this film was often used as an educational video within schooling institutions. Importantly, this was also the first generation that the horrors of WWII were just figments of the past and not actual lived experiences. The importance of this shift in the public consciousness and why Takahata so outwardly addresses the youth in the film will be explained further on.
The audience is abruptly thrown into a narrative where Japan is at war, neither the enemy or the cause of this conflict is discussed. It is as if Takahata is suggesting that such details are irrelevant compared to the fact this simply forces Japanese society to change and adapt to such circumstances. Takahata does not portray the Americans as the antagonist and the Japanese as helpless casualties of foreign aggression; as most traditional anti-war films would. Paradoxically it seems it is the Japanese who are both the oppressors and the victims. The ideals of uchi and soto are dismantled as the traditional markers of Japanese identity and tribalism are abandoned in the name of self-preservation.
This is immediately highlighted in the introduction of the film, the suffering of Seita and other orphans are contrasted to the rest of Japanese society. Their decrepit statute and stationary positions accentuate the fanatic (and interestingly directionless) movement of their fellow Japanese. As if an entire generation and their memory was discarded when Japan rose to the economic powerhouse it was in the 1980s.
However, the most obvious scene of social criticism appears near the end of the film when three Japanese girls return to their wealthy home, excitedly exclaiming “It’s so good to be home… It hasn’t changed a bit.” Whilst initially it can be seen as an optimistic comment about the future of Japan, that fact it immediately follows after the passing of Setsuko paints these adolescents as callous and ignorant.
It is clear that from their western attire and their association with western technology (phonograph) that these girls are supposed to be the representations of the Japanese youth in 1980s; opulent and painfully oblivious. The proximity of the house to the caves that Seita and Setsuko lived in, is a metaphor that underneath the economic boom of the decade lie the painful memories of loss and defeat. It is not the Allied soldiers who are presented as indifferent to the suffering of the Japanese, but rather the Japanese themselves.
In a very eye opening interview Takahata states that one of his original goals was to ‘depict the boy as a contemporary boy, rather than a boy in that time.’ It is with this new found knowledge that one must address the film and see Seita’s actions as not just as personal decisions but rather a mirroring of the ideals and values held by the Japanese youth of the 1980s.
In one of the opening scenes of the film, Seita carries Setsuko upon his back trying to find his way to the bomb shelter. However, during this journey, Seita pauses and the camera spends an usually long time lingering upon a bucket, ladder and pool; tools used to fight fires. Torn between giri and ninjo, Seita chooses to flee towards safely. Almost immediately afterwards, as if an act of divine retribution, the houses around him explode into an uncontrollable blaze of fire and the skies immediately darken. Symbolically, it would seem the reason why the city of Kobe fell to the fire was not because of the American bombings, but rather an embrace of kojinshugi over ie.
Seita’s fire brigade uniform, iconic of Japan’s fashion during WWII serves not only to connect him towards the school attire of his modern day contemporaries, but also as a constant reminder of his failure to fill his obligation. Throughout the film as Seita becomes ever more removed from ie and the community, his uniform begins to disintegrate off his body. Yet in death, Seita’s uniform is restored, serving as an ominous warning that he (and the audience) will never be able to shake off their responsibilities to the nation, invoking some of the more fatalistic elements of Bushido.
Noting how consumerism has weakened the pillars of Japanese tradition, Takahata continues his criticism by stating ‘[Seita] doesn’t bear with hardships. When the aunt threatens him by saying “Let’s have our meals separately” he is relieved’… As a result, his life becomes harder. Such is the feelings held by today’s kids.’
The consequences of isolation is juxtaposed to the prior scene of surprising optimism as Seita rummages through his destroyed home and symbolically bathes in water spouting from a burst pipe. In a traditional anti-war film, this scene of returning to a destroyed community would have been a moment of intense emotional pain, yet Seita seems almost unreactive to the destroyed infrastructure. Seita and Setsuko may have lost their mother but they were still on good terms with their auntie, and thus the family unit survived: Japanese society was still adhering to its traditions, even after experiencing such causalities.
The question must be asked, why Takahata was so intensely focused on having his film connect with the Japanese youth of the baburu keiki. The 1970s and 80s, falls into what sociologist Osawa Masachi terms as ‘kyoko no jidai’ or roughly translated as the ‘age of fiction’, a period marked by a public shift on tradition. Whilst the 1960s and 70s (or riso no jidai; ‘age of idealism) aimed to change society from within established perimeters. The period of Kyoko no jidai, fuelled by an explosion of capitalism combined with the radicalisation of leftist politics saw a desire to reimagine society completely, without adherence to past traditions. It is from within this context of cultural change from which Grave of the Fireflies emerges.
“… But [the youth’s] often nihilistic attitude combined with an aggressive materialism stand in distinctive contrast to their parent’s values.”
– Susan Napier
(Nakanishi, 2003)
The post war years of 1979 to 1993 saw a steep rise in crime rates of juveniles, simultaneously followed by a dramatic increase in juvenile arrests. And it this troubled generation of Japanese delinquents which was the target audience of Grave of the Fireflies. The desire to rein the youth is expressed in Takahata’s comments; “Just like today’s junior high students, a 14-years old looks unemotional or grumpy.” Such comments leave very little room when it comes to addressing the objective of this film.
This is not to say that Grave of the Fireflies completely neglects to condemn war , but instead that its main focus is a close inspection on the Japanese character in times of trial. One of the most powerful scenes condemning militarism occurs after the fire bombings have ended and both Seita and Setsuko were able to escape (not with the rest of society at the shelters but rather to a sewer reminiscent of their eventual ‘ukiyo’). A hellish montage of soldiers and civilians dying is followed by a lone male feverishly screaming “Long Live the Emperor”. Situated amongst the backdrop of a burning building; his overly zealous rhetoric is the fan which fuels the self-immolation of Japanese society.
However, in the scene above, one could just as easily interpreted it as an anti-war message or as a cautionary warning against Japanese society being swept up by the tides of far right politics. Tellingly, both Seita and Setsuko die after WWII concludes, during a period where Americans had ‘officially’ become an ally, and peace had technically been reinstated. One must question if Grave of the Fireflies is at its core an anti-war film, as it spends so much time addressing the consequences of social decisions and not exploring the horrors of international war.
This criticism of the Japanese youth is reflected in two highly emotional scenes where both Seita and Setsuko break the fourth wall and communicate directly to the audience. In the scene directly after Seita and Setsuko’s last encounter with the fireflies and the pleasant idylls of nature, Seita walks outside the cave to see Setsuko crouching in the dirt. Setsuko starts crying as she begins to bury the fireflies and in a highly emotional moment asks “Why do fireflies have to die so soon?” It is important to not only note her words but the manner in which this dialogue is conveyed. The linear narrative of the story is broken and the camera shifts to a point of view shot of Setsuko’s teary face; positioning the audience as the recipient of her question.
Analysing the exact definition of what fireflies symbolise in this piece of work is rather difficult as they cover such a large myriad of ideas. But by immediately injecting flashbacks of Seita’s and Setsuko’s mother being thrown into a ditch, combined with the previous mention that ‘[a kamikaze plane] looks like a firefly.’ I believe that Setsuko’s question forces audience to confront why they have forgotten the memories of the fallen victims, relegating their sacrifices to pointless events along the spectrum of Japanese history. Did their suffering have any meaning and if not, then why not?
This is reinforced by the following scene, which is arguably one of the most manipulative within the entire film. A wave of intrusive Japanese children carelessly trespass on the caves that Seita and Setsuko lived in. After such a powerfully emotional scene just moments prior, the audience cannot but see their ignorance as anything but problematic. Regarding the previous example of the Japanese girls returning to their house, it is highly telling that Takahata constantly uses ignorant children as the symbol of those untouched by war.
Arguably the cause of Seita and Setsuko’s demise isn’t the war as apart from the opening scenes of the film, the audience is never again shown the graphic consequences of conflict. Likewise, Takahata portrays Japanese society as still intact after its surrender at the concluding moments of the film. In the scenes when Seita tries to buy charcoal for his sister’s funeral, there is an unusual amount of sunlight present and the farmer seems oddly optimistic, noticeably different to the feelings of the Seita and the audience. As someone who previously advised Seita to return to his auntie, this farmer stands as the ideological opposite to Seita, someone who did not abandon his station, even during turmoil. Life as a Japanese farmer and as a cog in the Japanese system continues, even in the face of defeat.
Likewise, Seita’s compliance in the selling of his mother’s kimonos is also used as a metaphor for the self-cannibalisation of Japan from within. In complete disregard for his mother’s memory and filial piety, Seita trades in a symbol of Japanese femininity and motherhood for instant gratification. The camera then pans to the ghost of Seita covering his ears and horrified by this ultimately pointless decision, as the children die anyway, and paradoxically due to a lack of parental care. This act is symbolic because it marks the start of the pair’s divorce from any forms of familial relationship, their relationship with their auntie rapidly decays afterwards: Seita’s pride and Setsuko’s willingness to follow her brother have made them orphans both literally and spiritually.
The final scene of this film however is arguably the most insightful look into the intentions of Takahata’s when directing this film. Having failed to receive proper Buddhist or Shinto burial rites, both Seita and Setsuko return as spirits, they’re marginalised on the outskirts of the city; disconnected to the wealth of the city. As Setsuko lays her head on her brother’s lap and the main theme begins to crescendo, Seita breaks the fourth wall and gives the audience an accusatory stare.
Slowly the camera pans upwards, and the fireflies; symbols of the kamikaze pilots, Seita’s mother and other countless forgotten Japanese victims are drowned out by the overwhelming lights of Kobe. As audiences, it is not hard to see this futuristic city as the stark contrast to the poverty and suffering of those caught in WWII. Once again the question is asked whether or not the stories of the older generation have been forgotten, and if so then why? Nosaka’s words captures this sense of tension and discomfort with the rapidly changing Japan; “… High-rise buildings and super-highways were once just futuristic dreams… [I] cannot help but see them amidst sunlit ruins,” echoing a real fear that Japan will forget its past.
Perhaps the most conclusive proof regarding the stance of Grave of the Fireflies is found in Takahata’s continued insistence that “[The film] is not at all an anti-war anime and contains no such message.” Whilst Takahata and Nosaka’s played large roles in shaping what this film eventually became, it is fair that audiences should have the right to interpret this film however they wish. Nor does this essay wish to diminish Roger Ebert’s remarks that this film “involves war, the results of war and two victims of war.”
However, to insist that the film Grave of the Fireflies was created with a strict anti-war theme at its heart is rather dubious. I see this film as an attempt to bridge the generational gap between those who experienced and those untouched by Japan’s darkest days. Grave of the Fireflies doesn’t so much push an anti-war message but rather one cautioning against the abandonment of communal values. The fact that this story starts and ends with the death of the protagonist suggest that bloodshed, like the defeat of Japan in 1945, is unchangeable. Yet it is how a culture remembers their past which demonstrates what direction they will take in the future.
From the dome to the tweet
58,356 muggles
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LyondellBasell and Sasol Form Integrated Polyethylene Joint Venture in Louisiana
LyondellBasell to acquire 50 percent of certain Sasol assets in Louisiana
LyondellBasell, October 5, 2020
Chemical Processing Industry
Chemicals are forms of matter with a constant composition and properties. Virtually everything that physically exists is made up of chemicals, or a mixture of multiple chemicals. For this reason, chemicals are incredibly important in the process industries. Along with virtually every...
Petrochemicals are the chemical products derived from petroleum and natural gas at different stages in the refining process. In some instances, a specific chemical included among the petrochemicals may also be obtained from other sources, such as coal or...
LyondellBasell and Bora Sign Definitive Agreements to Form Chinese Joint Venture
LyondellBasell, one of the largest plastics, chemicals and refining companies in the world, today announced it has signed definitive agreements to expand in China through a 50:50 joint venture with the Liaoning Bora Enterprise Group (Bora).
Enterprise to Build Second Propane Dehydrogenation Plant in Mont Belvieu, TX
LyondellBasell and Enterprise Products Partners have executed long-term contracts that support construction of Enterprise’s second propane dehydrogenation (“PDH”) plant near Mont Belvieu, Texas.
Pembina to Acquire Kinder Morgan Canada in Multi-Billion Dollar Deal
Pembina Pipeline Corporation is acquiring Kinder Morgan Canada Limited in a multi-billion dollar deal.
LyondellBasell to Slow Construction on PO/TBA Project in Channelview, TX
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LyondellBasell and Sasol recently announced they have entered into a definitive agreement to form a 50/50 joint venture (JV) through which LyondellBasell will acquire 50 percent of Sasol’s 1.5 MM ton ethane cracker, 0.9 MM ton low and linear-low density polyethylene plants and associated infrastructure for a total consideration of US$2 Billion. The agreement includes customary rights for each partner regarding the potential future sale of its ownership interest. The JV will operate under the name Louisiana Integrated PolyEthylene JV LLC.
“This investment represents a unique opportunity to bring together the best of both companies and create deep, long-term value while immediately realizing the many benefits of new, strategically-located, world-scale assets,” said Bob Patel, CEO of LyondellBasell. “This approach is consistent with our strategy of investing in high quality assets that meet our threshold for value creation, while also maintaining our investment grade rating and commitment to our dividend. The transaction is expected to be accretive to both cash flow and EPS within one year with significant upside as market conditions continue to improve."
“We are very pleased to have LyondellBasell join us as a key partner in our U.S. Base Chemicals Business in Lake Charles. LyondellBasell is the ideal partner to ensure the success of these world-class assets with its deep expertise in commodity chemicals,” said Fleetwood Grobler, President and CEO, of Sasol. “This milestone coincides with our 70-year anniversary and represents a significant step in creating Future Sasol, which will be a more sustainable and resilient business for the long-term. We’re excited about this joint venture and look forward to building a mutually beneficial and successful partnership with LyondellBasell.”
Strategic and financial benefits
The JV’s newly constructed assets are strategically located on the U.S. Gulf Coast, with access to low-cost feedstock, storage and logistics infrastructure.
LyondellBasell’s investment in the JV allows the company to expand in a core area of its business and leverages the company’s operational and commercial strengths. Additionally, by investing in these assets, the company will realize immediate returns and eliminate customary construction risks associated with new project execution.
This transaction represents a significant step for Sasol in achieving its financial and strategic objectives by reducing net debt and rapidly shifting the company’s portfolio towards specialty chemicals. Sasol undertook a process to determine the optimal partnership construct for its U.S. Base Chemicals Business. The LyondellBasell proposal offered the best combination of upfront and long-term value, consistent with Sasol’s long-term strategic priorities.
Transaction terms
Under the terms of the transaction agreements, each JV partner will provide pro-rata shares of ethane feedstocks and will offtake pro-rata shares of cracker and polyethylene (PE) products at cost. LyondellBasell will operate the U.S. Base Chemicals assets on behalf of the JV.
Upon close of the transaction, some Sasol U.S. employees will become employees of LyondellBasell. Sasol will retain full ownership and operational control of its Lake Charles Research and Development complex, Lake Charles East Plant ethane cracker and U.S. Performance Chemicals Business assets in Lake Charles, which produce Ziegler alcohols and alumina, ethoxylates, Guerbet alcohols, paraffins, comonomers, linear alkyl benzene, ethylene oxide and ethylene glycol. The U.S. Performance Chemicals Business is a key part of Future Sasol, consistent with the strategy to increase focus on specialty chemicals where Sasol enjoys differentiated capabilities and strong market positions. Sasol will also retain access to competitively priced onsite ethylene to ensure value chain integration.
The transaction is subject to customary regulatory approvals and approval by Sasol shareholders. The transaction is expected to close by the end of 2020.
Kirkland & Ellis LLP is serving as LyondellBasell's legal counsel, while Gordon Dyal & Co. and J.P. Morgan are serving as financial advisors. Latham & Watkins LLP is serving as Sasol’s legal counsel, while Bank of America is serving as financial advisor.
LyondellBasell (NYSE: LYB) is one of the largest plastics, chemicals and refining companies in the world. Driven by its employees around the globe, LyondellBasell produces materials and products that are key to advancing solutions to modern challenges like enhancing food safety through lightweight and flexible packaging, protecting the purity of water supplies through stronger and more versatile pipes, improving the safety, comfort and fuel efficiency of many of the cars and trucks on the road, and ensuring the safe and effective functionality in electronics and appliances. LyondellBasell sells products into more than 100 countries and is the world's largest producer of polymer compounds and the largest licensor of polyolefin technologies. In 2020, LyondellBasell was named for the third consecutive year to Fortune magazine's list of the "World's Most Admired Companies." More information about LyondellBasell can be found at www.LyondellBasell.com.
About Sasol
Sasol is a global integrated chemicals and energy company spanning 30 countries. Through our talented people, we use selected technologies to safely and sustainably source, manufacture and market chemical and energy products globally. More information about Sasol can be found at www.Sasol.com.
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“Europe – Close to You”: focus on projects in Wallonia and Brussels that were co-financed by the European Union
The campaign “Europe – Close to You”, which is the result of a collaboration between the Representation of the European Commission in Belgium and the authorities in French-speaking Belgium, was launched on 23 November 2020.
This campaign aims to raise citizens’ awareness of the European Union’s support for Belgian projects, from Brussels to Bastogne, Namur, Mons, Tournai and even Verviers. Why was this campaign set up? Because research revealed that only 22% of Belgians know of projects that were co-financed by the European Union, compared to the Europe-wide average of 40%.
“Europe – Close to You” consisted of broadcasting short videos that highlight projects that were co-financed by the European Union in Wallonia and Brussels. Lasting about one minute each, these short videos were shown on local French-language channels from 23 November to 6 December 2020, at the rate of one project per channel. At the same time, a digital communication campaign ran, targeting people who live near these projects.
An incubator, a social supermarket, a museum, an innovation lab… The campaign also highlighted the diversity of the projects that the European Regional Development Fund (ERDF) or the European Social Fund (ESF) supports in our region. You can find all the videos on the YouTube channel of Brussels International, where you can download them (with or without subtitles).
Do (re)watch these videos of great projects and initiatives that are really worth discovering:
https://www.youtube.com/playlist?list=PLzp4sqj-KlUg6gRwGRPCHCasY9ZzFnUAS
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Now Reading Beijing Opens the World's Largest, Most Expensive Airport
Beijing Opens the World's Largest, Most Expensive Airport
Photo Credit: AP / TPG Images
FORTUNE is a global leader in business journalism with major franchises including the FORTUNE 500 and the FORTUNE 100 Best Companies to Work For. FORTUNE Live Media extends the brand's mission into live settings, hosting a wide range of annual conferences, including the FORTUNE Global Forum.
Named the world's largest airport, Beijing's Daxing International Airport costs US$63 billion and claims to be one of the most technologically advanced in the world.
By Grady McGregor
Beijing travelers are due for an upgrade, and some new Jetson’s-esque technology.
On Wednesday, Chinese President Xi Jinping (習近平) officially inaugurated Beijing Daxing International Airport, located about 40 kilometers south of the country’s capital.
The opening comes a week before celebrations for China’s 70th anniversary, though some commercial travelers have already tested out the airport, which has been operating in a limited capacity for several days.
After almost five years of construction, the US$63 billion facility features a 7.5 million square foot terminal and sits on 18 square miles of land, making it the world’s largest airport.
The airport was designed by the Pritzker-winning architect Zaha Hadid — who died in 2016 — and is meant to resemble a phoenix, though it is more often described as a starfish or a hand.
The terminal building for the new Beijing Daxing International Airport is seen from above in an aerial view in Beijing.
“You have a palm and the radiant fingers; all the processing happens in the palm and the distance to the aircraft in the fingers is actually not very long,” Zaha Hadid Architects Director Cristiano Ceccato told CGTN on the airport's inaugural day. “It’s very human, it’s a very walkable terminal that you can access on a human scale, even though it is very large.”
The facility is meant to become the busiest airport in the world, aiming to take in roughly 45 million annual passengers by 2021, 72 million by 2025, and 100 million by 2040, according to the South China Morning Post.
Officials hope the airport, which will be connected to downtown Beijing via a newly built high-speed subway line, will take pressure off Beijing’s Capital Airport, which has in recent years been plagued by long delays and overcrowding. It handled over 100 million passengers in 2018, 15 million or so more than its intended capacity.
The Airport’s New Face
Officials have long promised that the new airport will be one of the most technologically advanced in the world.
Last Friday, China Eastern Airlines, China Unicom, and Huawei announced the rollout of a coordinated “5G smart travel” service system to be used in the new terminal.
Meant to “set the standard for the new generation of smart airports,” the technology will incorporate Huawei’s 5G networks, artificial intelligence, augmented reality, cloud computing, and other technologies into an integrated system for travelers, the airlines, and airport officials.
Photo Credit: Reuters / TPG Images
Staff members walk past a terminal hall of the newly opened Daxing International Airport in Beijing, China September 25, 2019.
For travelers, perhaps the most noticeable technological difference will be the extent to which facial recognition is applied. Facial scans will not only be used during check-ins and security checks, they will also be a means for flight attendants to help passengers find their seats.
A Huawei press release promises that “passengers can complete all travel transactions from ticket purchase to check-in, luggage consignment, security check, and boarding just by having their faces scanned.”
Such technology represents a significant step forward in commercial- and security-oriented uses of facial recognition technology in China — uses that may be as inevitable as they are ethically questionable, as Fortune has previously reported.
China Eastern Airlines, in partnership with Delta, Air-France and other Skyteam members, plans to use the new airport to expand its operations and customer base. At least 10 domestic carriers and several foreign carriers—including American Airlines and British Airlines — have also signed on to moving operations to Daxing, while others have remained hesitant, given the costs of transferring equipment and staff to the new location.
While Beijing’s Capital Airport will remain in operation, Daxing’s opening will mean the closure of Nanyuan Airport, a nearby terminal on Beijing's south side with one commercial carrier. As Nanyuan was China’s first airport, a significant chapter in China’s aviation history is closing just as a new one opens.
READ NEXT: China's Medicinal Demands Drive Pangolins to Commercial Extinction
© 2019 Time Inc. All rights reserved. Republished from fortune.com and published with the permission of Time Inc. Reproduction in any manner in any language in whole or in part without prior written permission is prohibited.
TNL Editor: Daphne K. Lee (@thenewslensintl)
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Urbana 15 Scripture Chosen
(Madison, WI) – InterVarsity Christian Fellowship has laid the foundation for the December 2015 Urbana Student Missions Conference by choosing the Gospel of Matthew as the Urbana 15 Scripture focus.
“Every three years, the Urbana Missions team seeks to saturate the entire Urbana conference in Scripture,” said Tom Lin, InterVarsity Vice President, Director of Missions and Urbana. “We believe this generation is moved and inspired by narrative, and there is obviously none more central than that of Jesus' crucifixion and the cross, both of which we will study from the Gospel of Matthew at Urbana 15.”
The theme for Urbana 15, which is still unchosen, will come from Matthew’s Gospel. “Selecting the Scripture on which the conference is built is one of most important decisions in the entire process of creating Urbana,” said Lindsay Olesberg, Urbana Scripture Manager and InterVarsity's Scripture Engagement Director. Urbana 15 attendees will experience Matthew’s Gospel through InterVarsity’s unique style of inductive manuscript Bible study, small group discussions, and theater team presentations. Urbana plenary speakers will also be focusing on Matthew through their Bible exposition.
"The Great Commission is from Matthew but it is usually quoted in isolation from its context,” said Úna Lucey-Lee, Urbana Program Director. “By looking at the place of the nations in Jesus' story from his birth through his resurrection, Urbana 15 participants will understand Jesus' command to ‘make disciples of all nations’ with new depth and insight.”
The purpose of Urbana is to invite each generation of college students to consider joining God’s global mission. This will be InterVarsity’s 24th triennial student missions conference, since the first was held in Toronto in 1946. Tens of thousands of men and women have been led by God into fulltime service for His Kingdom following commitments made at Urbana.
InterVarsity Christian Fellowship/USA and Inter-Varsity Canada host the Urbana Student Missions Conference as a service to the North American church. InterVarsity is a campus ministry which has worked with students and faculty on U.S. college and university campuses for more than 72 years. InterVarsity has more than 900 chapters active on almost 600 campuses across the United States, from Ivy League universities to community colleges. InterVarsity is a charter member of the Evangelical Council for Financial Accountability (ECFA) and the International Fellowship of Evangelical Students (IFES).
Gordon Govier
ggovier@intervarsity.org
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“ Showcasing the work of citizen journalists and traditional reporters in Syria. ”
Georgia: Foreign Aid Challenge
Huge infusion of US aid expected to directly benefit half a million Georgians, though some analysts have their doubts.
By Tamar Khorbaladze
An unprecedented programme of US aid was last week ratified by the Georgian parliament, representing a major foreign policy victory – but there are lingering questions about how the money will be spent.
The package gives Georgia 295 million US dollars over five years, a substantial boost for the country.
However, there are anxieties about the monitoring system being put in place to oversee the allocation of funds; fears that considerable sums could be wasted or pocketed; and concerns that such a huge injection of cash could destabilise the economy.
Georgia has been awarded the money by the Millennium Challenge Account, MCA. It is one of only a handful of countries to have received funds from the new US aid programme.
The initiative is the Bush administration’s ambitious, and controversial, new plan for distributing foreign aid to countries that have made considerable advances towards building democracy. Its priorities are to develop regional infrastructures and private sector initiatives.
Georgian president Mikheil Saakashvili and US Secretary of State Condoleezza Rice attended a high-profile ceremony at New York’s Waldorf Astoria hotel last month, where they signed a “compact”, laying out the parameters of the programme. (The full text of the compact can be found at http://www.mca.gov/compacts/091205GeorgiaCompact.pdf.)
The money will be administered by the Millennium Challenge Corporation, MCC - a “government corporation” in the words of the official website (www.mca.gov) - and its Georgian partner, Millennium Challenge Georgia, MCG.
MCG’s offices are in Tbilisi, but the majority of its employees will be working far from the capital, in the mountainous region of Samtskhe-Javakheti. Almost half the funding award will be spent on improvements to this region where over 90 per cent of the population in the southern half is ethnic Armenian.
These people speak only the most rudimentary Georgian, which, combined with very bad roads and a weak infrastructure, has meant that the province has become isolated from the rest of the country. The lack of integration has led to local interethnic tensions.
Lasha Shanidze, executive director of MCG, told IWPR, “The situation with the roads has forced them [the Armenians] into a position where it is easier for them to go to Yerevan to sell their produce or get medical treatment than to do that in their own capital city [Tbilisi].”
Over a third of the money will go towards repairing the 245 kilometres of roads that cross Samtskhe-Javakheti, including the main artery connecting the regional centre Alkhakalaki to Tbilisi, as well as other major routes to Armenia and Turkey.
Shanidze sees this as a priority not just for the region but also for Georgian national security.
The next most significant portion of the grant - about 60 million US dollars – will be allocated to developing the regional infrastructure in Javakheti, and in other regions of Georgia. This includes upgrading water supply systems and gas supplies to towns.
A further 32.5 million dollars will be used to create a regional development fund to support local small businesses and 15 million dollars will be allocated in grants to small-scale farm agriculture.
And finally, 49.5 million dollars will be spent on renovating the main Georgian gas pipeline. Most analysts see the inclusion of this clause - and its proviso that the Georgian government undertakes not to sell this strategic pipeline within the programme’s contract period - as designed to improve national security in Georgia.
It’s thought this clause appeared in the agreement after the Georgian president’s announcement in February that negotiations over the sale of the pipeline to Russian gas monopoly, Gazprom, had begun. The sole official justification for the sale was the pipeline’s desperate need for repair and the fact that the Tbilisi authorities did not have the money to pay for it.
Many observers here say they wholeheartedly approve of the US aid programme and its goals. It is thought that it will bring direct benefits to approximately half a million Georgian citizens and indirectly improve the lives of more than a quarter of the population. Improvements to the gas supply system alone will reduce health risks as well as bring benefits to the environment.
Georgia was one of only five countries worldwide (the others being Madagascar, Cape Verde, Honduras and Nicaragua) to have received MCA funds. But Georgia’s selection has contained an element of controversy from the very beginning. Countries are ranked according to their levels of democracy and reform. The Caucasus nation, when judged according to its economic and political development over the last ten years or so, fell far from the top of the MCC rankings.
Supporters of Tbilisi’s application, however, convinced the Bush administration that the country should not be judged by its uneven record since achieving independence in 1991, but rather by the major strides made since the Rose Revolution in 2003.
Some believe Georgia’s selection was an additional reward to President Saakashvili for his unabashed pro-US stance.
Most analysts see no problem with the projects selected for funding. But they are calling for more accountability and transparency.
“The most important thing is how this money is spent, and how it will be monitored,” said political analyst Paata Zakareishvili.
He went on to say that some feared “a large amount will end up being for the personal use of government officials”, adding that road construction, in particular, can become an easy source of graft.
According to MCG representatives, the MCC will follow the implementation closely and assess the programme as it progresses.
Observers like Zakareishvili, however, fear that US officials may choose to look away from any gross violations or abuses, should they occur.
“The tendency of the US government with the new Saakashvili regime is to forgive everything that happens,” he said.
“A very large amount of money is at issue here,” said Davit Usupashvili, head of the opposition Republican party. “I believe that the entire sum should be subject to parliamentary control.”
Many observers believe that, for the moment, the US aid programme is not under sufficient scrutiny.
A supervisory board, which oversees the project’s management, contains numerous government officials, they say, but only one representative from the NGO community and no one from the country’s political opposition.
Some analysts say that the process of aid administration in Georgia is already dangerously opaque. In drafting the compact between the US and Georgia, they claim, officials barely consulted with non-government organisations over how best to monitor the programme’s funds.
Also worrying is the apparent lack of transparency over how the money is allocated - MCG officials have already failed to hold public tenders for two contracts for the bank and financial agency that will hold and administer the American money.
Analysts say that, while they have no reason to suspect corruption, such failings in oversight and monitoring of tenders bode ill for the future.
But MCG officials maintain that the ai programme will be under the strictest control and all expenditures will be monitored. They point out that an advisory board with members from municipal authorities, the private sector and civil society will also advise MCG’s main supervisory board.
Another concern being voiced is that the US funds could destabilise the economy. Officials at the National Bank of Georgia fear that a huge injection of foreign currency may drive up the exchange rate of the national currency, the lari, which in turn could make exports less competitive.
According to national bank president Roman Gotsiridze, the government is working out a schedule to stagger the aid payments in order to soften the blow on the country’s currency market.
"How to manage this big capital infusion will be one of the main issues for next year,” Gotsridze told IWPR. “We had a similar problem this year because of the huge amounts we made from privatisation, but we coped with it successfully.
“The lari has been stable during 2005, and inflation has not gone above single digits.”
Tamar Khorbaladze and Manana Khidasheli are journalists with Public TV in Tbilisi.
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Marathon Oil News
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Marathon Oil Commences Tender Offer For Up To $500,000,000 Of Its 2.800% Senior Notes Due 2022
September 16 2020 - 08:33AM
PR Newswire (US)
HOUSTON, Sept. 16, 2020 /PRNewswire/ -- Marathon Oil Corporation (NYSE:MRO) announced today that it has commenced a cash tender offer for up to an aggregate principal amount of $500,000,000 (the "Aggregate Maximum Tender Amount") of its outstanding $1,000,000,000 aggregate principal amount of 2.800% Senior Notes due 2022 (the "Notes"), on the terms and subject to the conditions set forth in the Offer to Purchase, dated the date hereof (as the same may be amended or supplemented, the "Offer to Purchase"). The tender offer is referred to herein as the "Offer."
Title of Security
(per $1,000)
2.800% Senior
Notes due 2022
565849AK2
0.125% UST
due August
20 bps
Subject to the Aggregate Maximum Tender Amount, proration (if applicable) and the satisfaction or waiver of the conditions to the Offer, the Company will accept for purchase on the Early Settlement Date or the Final Settlement Date (each as defined in the Offer to Purchase), as applicable, Notes validly tendered and not validly withdrawn in the Offer.
Notes validly tendered and not validly withdrawn at or prior to the Early Tender Time (as defined below) will be accepted for purchase in priority to other Notes validly tendered after the Early Tender Time. Accordingly, if the Aggregate Maximum Tender Amount is reached in respect of tenders of Notes made at or prior to the Early Tender Time, no Notes that are tendered after the Early Tender Time will be accepted for purchase unless the Aggregate Maximum Tender Amount is increased by the Company, in its sole discretion. If the aggregate principal amount of Notes validly tendered exceeds the Aggregate Maximum Tender Amount on the applicable settlement date, the amount of Notes purchased in the Offer will be prorated as set forth in the Offer to Purchase.
The Offer will expire at 11:59 p.m., New York City time, on October 14, 2020, or any other date and time to which the Company extends the Offer (such time and date, as the same may be extended, the "Expiration Time"), unless the Offer is earlier terminated. Holders of the Notes must validly tender and not validly withdraw the Notes prior to or at 5:00 p.m., New York City time, on September 29, 2020 (such time and date, as the same may be extended, the "Early Tender Time"), to be eligible to receive the Total Consideration (as defined in the Offer to Purchase), which is inclusive of an amount in cash equal to the amount set forth in the table above under the heading "Early Tender Premium" (the "Early Tender Premium"), plus Accrued Interest (as defined below). Holders of Notes who validly tender their Notes after the Early Tender Time but prior to or at the Expiration Time will be eligible to receive an amount equal to the Total Consideration minus the Early Tender Premium (the "Late Tender Offer Consideration"), plus Accrued Interest.
Tendered Notes may be validly withdrawn at any time prior to or at, but not after, 5:00 p.m., New York City time, on September 29, 2020, (such time and date, as the same may be extended, the "Withdrawal Deadline").
The Total Consideration for each $1,000 principal amount of the Notes validly tendered and accepted for purchase pursuant to the Offer will be determined in the manner described in the Offer to Purchase by reference to a fixed spread specified for the Notes and specified in the table above plus the yield based on the bid-side price of the U.S. Treasury Reference Security specified in the table above at 10:00 a.m., New York City time, on September 30, 2020, unless extended or the Offer is earlier terminated. Holders must validly tender (and not validly withdraw) at or before the Expiration Time to be eligible to receive the Total Consideration or the Late Tender Offer Consideration, as applicable. In addition, holders whose Notes are purchased in the Offer will receive accrued and unpaid interest from the last interest payment date to, but not including, the applicable settlement date ("Accrued Interest").
Payment for Notes that are validly tendered prior to or at the Early Tender Time and that are accepted for purchase will be made on the Early Settlement Date, which will be a date promptly following the Early Tender Time. It is currently anticipated that the Early Settlement Date will be October 1, 2020, subject to all conditions to the Offer having been satisfied or waived by the Company. Payment for Notes that are validly tendered after the Early Tender Time and prior to or at the Expiration Time and that are accepted for purchase will be made on the Final Settlement Date, which will be a date promptly following the Expiration Time. It is currently anticipated that the Final Settlement Date, if applicable, will be October 16, 2020, subject to all conditions to the Offer having been satisfied or waived by the Company.
The Company's obligation to accept for purchase and to pay for the Notes validly tendered and not validly withdrawn pursuant to the Offer is subject to the satisfaction or waiver, in the Company's discretion, of certain conditions, which are more fully described in the Offer to Purchase. The complete terms and conditions of the Offer are set forth in the Offer to Purchase. Holders of the Notes are urged to read the Offer to Purchase carefully.
Marathon Oil has retained D.F. King & Co., Inc. as the tender agent and information agent for the Offer and J.P. Morgan Securities LLC and TD Securities (USA) LLC as lead dealer managers for the Offer.
Citigroup Global Markets Inc. and Goldman Sachs & Co. LLC will serve as co-dealer managers for the Offer.
Holders who would like additional copies of the Offer to Purchase may call or email the information agent, D.F. King & Co., Inc. at (212) 269-5550 (banks and brokers), (866) 416-0576 (all others), or mro@dfking.com. Copies of the Offer to Purchase are also available at the following website: www.dfking.com/mro. Questions regarding the terms of the Offer should be directed to J.P. Morgan at (866) 834-4666 (toll-free) or (212) 834-3424 (collect) or TD Securities at (855) 495-9846 (toll-free) or (212) 827-7381 (collect).
This press release is for informational purposes only and shall not constitute an offer to buy or a solicitation of an offer to sell any securities. The Offer is being made solely pursuant to the Offer to Purchase. The Offer is not being made to holders of the Notes in any jurisdiction in which the making or acceptance thereof would not be in compliance with the securities, blue sky or other laws of such jurisdiction. In any jurisdiction in which the securities laws or blue sky laws require the Offer to be made by a licensed broker or dealer, the Offer will be deemed to be made on behalf of Marathon Oil by the dealer managers or one or more registered brokers or dealers that are licensed under the laws of such jurisdiction. Neither the Company, the dealer managers, the tender agent and information agent, nor their respective affiliates is making any recommendation as to whether or not holders should tender all or any portion of their Notes in the Offer.
This release contains forward-looking statements. All statements, other than statements of historical fact, including, without limitation, statements regarding the Offer and the Company's future performance and business strategy, are forward-looking statements. Words such as "anticipate," "believe," "could," "estimate," "expect," "forecast," "future," "guidance," "intend," "may," "outlook," "plan," "positioned," "project," "seek," "should," "target," "will," "would," or similar words may be used to identify forward-looking statements; however, the absence of these words does not mean that the statements are not forward-looking. While the Company believes its assumptions concerning future events are reasonable, a number of factors could cause actual results to differ materially from those projected, including, but not limited to: conditions in the oil and gas industry, including supply/demand levels for crude oil and condensate, NGLs and natural gas and the resulting impact on price; changes in expected reserve or production levels; changes in political or economic conditions in the U.S. and Equatorial Guinea, including changes in foreign currency exchange rates, interest rates, and inflation rates; actions taken by the members of the Organization of the Petroleum Exporting Countries and Russia affecting the production and pricing of crude oil; other global and domestic political, economic or diplomatic developments; capital available for exploration and development; risks related to the Company's hedging activities; voluntary or involuntary curtailments, delays or cancellations of certain drilling activities; well production timing; liability resulting from litigation; drilling and operating risks; lack of, or disruption in, access to storage capacity, pipelines or other transportation methods; availability of drilling rigs, materials and labor, including the costs associated therewith; difficulty in obtaining necessary approvals and permits; non-performance by third parties of contractual obligations; unforeseen hazards such as weather conditions, a health pandemic (including COVID-19), acts of war or terrorist acts and the government or military response thereto; cyber-attacks; changes in safety, health, environmental, tax and other regulations, requirements or initiatives, including initiatives addressing the impact of global climate change, air emissions, or water management; other geological, operating and economic considerations; and the risk factors, forward-looking statements and challenges and uncertainties described in the Company's 2019 Annual Report on Form 10-K, Quarterly Reports on Form 10-Q for the quarters ended March 31, 2020 and June 30, 2020 and other public filings and press releases, available at https://ir.marathonoil.com/. Except as required by law, the Company undertakes no obligation to revise or update any forward-looking statements as a result of new information, future events or otherwise.
Media Relations Contact:
Stephanie Gentry: 713-296-3307
Investor Relations Contacts:
Guy Baber: 713-296-1892
John Reid: 713-296-4380
View original content to download multimedia:http://www.prnewswire.com/news-releases/marathon-oil-commences-tender-offer-for-up-to-500-000-000-of-its-2-800-senior-notes-due-2022--301132254.html
SOURCE Marathon Oil Corporation
Copyright 2020 PR Newswire
Marathon Oil (NYSE:MRO)
Latest MRO Messages
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Dana White: UFC brand now ‘worth $7 billion’ after ESPN deal
in Jaime Bonetti Zeller, Sports, UfC
Article Published by: mmajunkie.com
UFC President Dana White claims the price tag for his fight promotion is nearly double what it sold for roughly two years ago.
Endeavor purchased the UFC for $4.025 billion in August 2016. There were many perceived uncertainties in the wake of the deal, but White immediately promised it would be for the betterment of the organization in the sport moving forward.
According to White and corroborating investor reports, 2017 was the most financially lucrative year in company history. Add in the UFC’s new stateside television deal with ESPN worth $1.5 billion over five years, and White said the value of the UFC brand now sits at a whopping $7 billion.
“When you think about it we haven’t even scratched the surface yet of how big this thing can be,” White said in a recent interview with Tony Robbins. “We just did a TV deal with ESPN for $1.5 billion for five years. Now the company is worth $7 billion.”
Whether White’s claim is accurate or not is unknown, but he made it clear he still sees the UFC on an upward trajectory. Ratings for the majority of the UFC’s televised events in the United States arguably tell a slightly different story, but the company is still pulling strong gate and attendance numbers, plus there are a lengthy list of international deals that drive significant revenue.
Moreover, over the next several months, the UFC could have several of its bigger stars competing, and that includes Conor McGregor, Nate Diaz, Brock Lesnar, Jon Jones and Georges St-Pierre.
White said the deal with ESPN, which begins Jan. 1, is going to open new doors for the UFC. He expects more exposure for the UFC brand and its athletes. White said he will continue to work hard though the daily grind, as well, and in his mind the results of that will be an even higher quality product.
“Obviously this ESPN deal is going to be massive for us, expose us to millions of people just here in the U.S. that haven’t been exposed to the UFC,” White said. “We’re going to continue to go into markets we haven’t been, we’re going to continue to find the best talent in the world. I love to find up-and-coming talent. I love to find the next guy or girl. Continue to build the sport. That’s it. That’s my focus. It’s not rocket science, it’s nothing crazy. Just continue to do what we do and get bigger and bigger.”
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It’s Not That Serious
Categories: Stress
One of my friends has a mantra he uses when life starts to get tense or stressful: It’s not that serious.
We were chatting the other day, and the mantra came up. He and his fiancé are in the midst of planning their wedding. I got married a few years ago, so I know it can be a stressful time. They’re also on a short timeline because they wanted to get married during a particular time of year. A lot of the venues they looked into were booked, so they were starting to feel stressed out.
“It’s not that serious.”
Getting Worked Up
The idea behind the mantra is that a lot of times in life, we get worked up about issues that aren’t a big deal in the long run. The wedding venue is a perfect example. In the heat of the moment, it feels super stressful when you can’t find the perfect venue. But the reality is that they will get married and it will be awesome and beautiful, irrespective of the particular venue they choose. But it’s hard to feel that way when you’re in the midst of the situation.
Do the Next Thing and Move On
I heard someone say, “Nothing is a matter of life and death, except life and death.” I love that. It’s usually not that serious. If you find yourself freaking out about something, press the pause button. Is this something that you will be worrying about in five years? One year? One month? If not, it’s not that serious. Take a deep breath, and do the next thing that needs to be done. But don’t let it ruin your day.
How to View Stress as an Opportunity for Growth
How to Use Stress to Your Advantage
When Adversity Hits, Staying Calm is a Superpower
The ABC’s of Dealing with Holiday Stress
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Meat the Future
Nikita A. Mohile October 14th, 2020
Would you eat meat that was harvested from animal cells?
When you eat a burger, you probably don’t think about all of the resources that went into creating it. But 1,800 gallons of water are necessary for every pound of meat that we consume. Land and fertilizer are also needed for grazing animals.
Eating meat has other costs. According to the United Nations’ Food and Agriculture Organization (FAO), the livestock industry is responsible for roughly 14.5% of global greenhouse gas emissions.
Today, scientists and others are working to create tasty options for consumers in order to cut down on meat consumption. These include plant-based burgers and even burgers that are grown from animal cells.
A new documentary, Meat the Future, explores the cell-based beef and poultry being developed at Memphis Meats, a food tech company in California.
“I was drawn to the topic as a massive solution to some of the world’s biggest problems that I happen to care a lot about, like animals, the Earth, and human health,” says Liz Marshall, who wrote, produced, and directed Meat the Future.
“REVOLUTIONARY PROMISE”
The company that Marshall spotlights sounds like something out of a sci-fi novel. Co-founded by Uma Valeti, who was trained as a cardiologist, Memphis Meats takes cells from animals and grows them in a lab, with the hope of making delicious burgers, chicken, and even fish. Cell-based meat also drastically reduces the risk of infections since the animal cells grow isolated in a sterile environment.
If successful, this technology and others like it could change our eating habits and the way we think about food. “What the future holds for cell-based meat is unclear,” Marshall says. “But I believe its revolutionary promise and historic journey into the world will stand the test of time.”
Meat The Future will be available to stream on CBC Gemon on October 23. You can also watch it on the CBC Documentary Channel worldwide.
Photo courtesy of Meat the Future
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Home Features Not to Praise, But to Bury
Fishing for Mackerel on the High Tide
A Newer, Sleeker Santa
Not to Praise, But to Bury
Andrew Ferguson December 4, 2018 December 19, 2020 Leave a comment
As another elder statesman dies and the nation is caught in the grip of another bout of panegyrics, it’s worth stepping back to concentrate on the individual lives that they touched during their time in the halls of power. For George Herbert Walker Bush, specifically, that means considering also the plight of Keith Jackson.
In 1989, Jackson was a high school senior in Anacostia, southeast DC, living in one of the worst zip codes in the country. Like many of his peers, Jackson was a low-level drug dealer, one of the smallest cogs in a larger machine, like the Baltimore towers in The Wire. Crucially, he had reached his 18th birthday when the federal government started setting him up for a presidential publicity stunt.
See, George Bush, seemingly desperate to prove he was man enough to live up to his successor, wanted a set piece to kick off his own extension of Reagan’s War on Drugs. So his staff came up with the idea of busting someone for selling crack cocaine—still the drug warrior’s enemy of choice—in the shadow of the White House.
Bush demanded more cops to arrest drug dealers, more prosecutors to seek harsher penalties for them, and more prisons to hold all the extra convicts.
DEA agents offered up Jackson as a patsy. He’d been on their radar for months—so if selling drugs in and of itself was really such a big deal, they could have grabbed him at any point (and then he’d be replaced by another young slinger with no other prospects, and then another, ad infinitum). No, he was only worth it if he could be sacrificed for a higher purpose, like making a weedy, “wimpy” Massachusetts desk-occupier look like a tough guy. That purpose in hand, the undercover DEA agent on Jackson’s case asked him to meet at Lafayette Park, promising an extra premium to lure Jackson to Northwest DC, where black residents of the city almost never went. (As a measure of how stratified and segregated DC society was at the time — not to mention how complete the failure of the educational system — when the undercover DEA agent asked Jackson to meet him in the park across from the White House, Jackson didn’t know where that was until piecing together that it was “where Reagan lives,” and he was hesitant to make the trip because one thing he did know is how much greater the police presence would be in Official DC.)
The purchase took place on September 1, and on September 5 Bush was holding up a plastic baggie of crack cocaine during a White House address, noting that it had been “seized” (not bought) just across the street. He demanded more cops to arrest drug dealers, more prosecutors to seek harsher penalties for them, and more prisons to hold all the extra convicts. He got all of those things, often in connection with mandatory minimum laws that eliminated judicial discretion in sentencing (and which perpetuated a nonsensical divide in sentencing between powdered and crack cocaine, the burden of which fell almost entirely on the black community).
If George Bush ever cared about those whose lives didn’t intersect with his, he certainly never showed it.
Keith Jackson was one of those who fell prey to a mandatory minimum. The DEA arrested him, not at the sale for whatever reason, but immediately after Bush’s speech. After his first two trials ended in hung juries, a third trial saw him convicted and sentenced to a legally-mandated decade in prison without parole. The judge in the case, uncomfortable with the mode of Jackson’s entrapment, urged him to ask the president for a commutation. But Bush had almost immediately washed his hands of the matter: facing criticism from a variety of sources including even those had a stake in the Drug War’s continuance (like the head of the city’s police union), Bush said, “I cannot feel sorry for [Jackson]. I’m sorry, they ought not to be peddling these insidious drugs that ruin the children of this country.” And so, for the crime of selling 2.4 grams of crack cocaine to another consenting adult in a place where there had been no recorded drug busts in the past, Keith Jackson served almost eight years in prison.
What happened to him after that point is not known. One doubts that Bush ever dwelt on Jackson or any other of the thousands affected by yet another surge in the War on Drugs—young men and occasionally women losing their futures to ruthless sentencing guidelines and the economic incentives of incarceration, or often just their lives to police enforcement or to the criminal turf wars that invariably follow the artificial limiting of a highly in-demand substance. Add in the families and communities that depended on this suddenly absent and incarcerated generation, and it’s hundreds of thousands if not millions.
But if Bush ever cared about those whose lives didn’t intersect with his, he certainly never showed it, as the Iraqi people had ample opportunity to learn. In the rush to war with one-time American ally (indeed, almost appointee) Saddam Hussein over the invasion of Kuwait, Bush infamously allowed himself to be swayed by the testimony of a supposed refugee of the conflict, known only as Nayirah, who spoke of Iraqi soldiers raiding Kuwaiti hospitals, pulling prematurely born infants out of incubators and tossing them aside to die. By the time it was discovered that Nayirah was actually the daughter of the Kuwaiti ambassador to the U.S., and the entire thing had been organized by an American PR firm in the employ of the Kuwaiti government, the war was already over — though its repercussions will persist long after our lifetimes.
Between his year directing the CIA and his time as vice president, he was involved in some of the most notorious operations run through the US government: Operation Condor, the School of the Americas, the Iran-Contra affair.
An estimated 100,000 Iraqi soldiers and an unknown number of civilians were killed in that first Gulf War, with the particular highlight of the Highway of Death, in which American forces blockaded and massacred retreating Iraqi forces, as well as any civilians unfortunate enough to be within cluster bomb range. Content with this level of slaughter, Bush called off hostilities the next day—a point in his favor, perhaps, when compared to those overseeing the unceasing carnage of today’s forever wars. But Bush hardly had clean hands before this, having already orchestrated an illegal invasion of Panama. Between his year directing the CIA and his time as vice president, he was involved in some of the most notorious operations run through the US government: Operation Condor, the School of the Americas, the Iran-Contra affair; it will be decades though, if ever, before we learn just how deeply he was implicated.
There’s much else to dislike about the elder Bush and the legacy he is leaving behind, in particular his enablement of many awful people. You can draw a direct line from his campaign manager Lee Atwater and his infamous Willie Horton ad to the race-baiting scare tactics used by Donald Trump. A look at Bush’s administrative appointees reveals many of the big names—Dick Cheney, Paul Wolfowitz, Donald Rumsfeld — who would go on to botch the Iraq and Afghanistan conflicts, all the while pushing for ever more wars on ever more fronts. (Which is not even to mention his son who, in signing off on Gulf War Redux, committed what is thus far the greatest geopolitical blunder of the century.) You could talk also about his surrender to the tax-and-spenders on budget issues, or to the Religious Right about gay rights. You could also give him credit where it’s due: for handling the end of the Cold War with flexibility and grace, for committing himself to promoting volunteerism and community service, for not following in the footsteps of his father, Prescott Bush, and signing on to any half-baked fascist coups against the US government.
All this, at least the good stuff, or the bad stuff that various media figures want to recast as good, will be gone over ad infinitum. But when you see the footage of his funerals, when you take in the official outpouring of grief that is increasingly mandatory on such occasions, when above all you hear anyone talking about how George H.W. Bush advocated for a “kinder, gentler conservatism,” spare a thought for Keith Jackson. It’s more than Bush ever did.
#death #drug war #George Bush #iraq #neoconservatism #obituary #president #war
Beer, Bikes & Brexit
H.L. Mencken, Where Have You Gone?
The Fake Facebook Scandal
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Forward Services
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We would like to inform our customers and partners that we are making every effort to ensure the continuity of our services during this time. We applied contingency plans to our production facilities, and — to date — our production is running under strict safety measures to protect the health of our staff. We will keep our customers informed as the situation evolves.
Lallemand Animal Nutrition awards $14,000 in scholarships
The 2019 Lallemand Forward Scholarship committee is excited to announce the recipients of five scholarships awarded this school year. This is the fifth year of the scholarship program, which has provided $67,500 to students since its inception in 2015.
“This year, the committee reviewed more than 215 applications from more than 40 universities throughout North America,” Jeff Ast, Commercial Director, Lallemand Animal Nutrition, North and South America. “The 2019 Lallemand Forward scholarship class of recipients exemplify excellence in academics, community involvement and animal agriculture skills. The future of agriculture is bright with these young leaders and Lallemand is happy to have a small part in supporting their success.”
The Lallemand Forward Scholarships recognize students at the doctoral, master’s and undergraduate levels who are excelling in their agricultural programs. The program is part of Lallemand Forward, which are specifically chosen service solutions that enhance people, knowledge and production practices.
The 2019 Forward scholarship winners are:
Ben Saylor, a doctoral student in animal science at the University of Florida
Conor McCabe, in the master’s degree program in animal sciences at Purdue University
Elisabeth Forker, in the doctor of veterinary medicine program at Iowa State University
Paige Gaffney, an undergraduate student in agriculture business with minors in land valuation and rural real estate at South Dakota State University
Jacob Sterle, an undergraduate student in animal science and international agriculture at Iowa State University
Ben Saylor
Saylor will receive a $3,000 scholarship to support his doctoral work. Originally from Chandler, Ariz., he was active in 4-H and the Arizona Junior Rodeo Association. Saylor completed his bachelor’s degree in animal science at the University of Arizona and his master’s in animal science at Kansas State University where his research focused on forage quality and the inclusion of drought-tolerant forages in dairy diets. Currently, he is at the University of Florida conducting research in applied dairy nutrition and silage management. Saylor’s Ph.D. research focuses on understanding starch utilization in dairy cattle and improving the quality and digestibility of corn silage, sorghum silage and high-moisture corn.
Conor McCabe
McCabe will receive a $3,000 scholarship to help complete his master’s degree at Purdue University. Growing up on a small pumpkin, beef and tree farm in West Linn, Ore., he participated in 4-H projects including swine, horticulture and livestock judging. After his graduation from Cornell University, he pursued an AgriCorps Fellowship to promote youth leadership in agriculture at a middle school in Ghana as an extension agent, agriculture teacher and 4-H leader. After returning to the United States, McCabe attended Purdue University where he is focusing his master’s work on dairy cattle nutrition. McCabe’s focus is on measuring the amount of body tissue dairy cattle mobilize during the transition period around calving to meet the energy and protein requirements for milk production.
Elisabeth Forker
Forker will receive a $3,000 scholarship to help her earn a doctor of veterinary medicine degree at Iowa State University. Raised in Columbus, Neb., she spent her time riding pens on the family feedlot, packing silage and tagging along with her veterinarian parents. During her undergraduate career at the University of Nebraska, she was part of the Engler Agribusiness Entrepreneurship Program that allowed her the chance to develop a business plan for her future veterinary practice and ranching operation. Forker is focusing her education on food animal medicine, as she understands the need to work with producers and practitioners to ensure a product that is as efficient as possible.
Paige Gaffney
Gaffney will receive a $2,500 scholarship as she pursues a bachelor’s degree in agricultural business with minors in land valuation and rural real estate at South Dakota State University. Originally from Barneveld, Wis., she found her passion for agriculture through 4-H and the National Junior Angus Association. At SDSU, Gaffney is involved in Block and Bridle, SDSU Little International, Omicron Delta Epsilon and Alpha Zeta.
Jacob Sterle
Sterle will receive a $2,500 scholarship to support his bachelor’s degrees in animal science and international agriculture at Iowa State University. Growing up in Roland, Iowa, he spent many years showing swine and serving on the National Junior Swine Association Boards of Directors. Currently at ISU, Sterle is involved in Alpha Gamma Rho Professional Agriculture fraternity, Iowa State Block and Bridle and serves as the tri-chair for the 2019 Iowa State Bacon Expo.
is a privately held Canadian company, founded at the end of the 19th century, specializing in the development, production, and marketing of yeasts and bacteria
© 2021 Lallemand Inc. All right reserved
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Victoria Railway Bridge – Thames Tour, Bradshaw’s Handbook, no.117
by Candy Blackham | posted in: Bradshaw in London, Home | 0
‘..The Victoria Railway Bridge … is one of the most satisfactory bridges spanning the Thames…’, says Mr Bradshaw. ‘…Built on three stone piers, its noble iron arches have an appearance of strength and elegance which, with its level road, make it one of the latest triumphs of science and art, remembering that it has been completed in about twelve months. Over this important bridge run, or will run, the trains of the Brighton, Crystal Palace, Chatham and Dover, and Great Western railway companies to the new and magnificent Victoria Station..’.
The Victoria Railway Bridge no.1, also known as the Grosvenor Railway Bridge, was built by Sir John Fowler in 1859-60. It had two tracks and was the first railway bridge across the Thames into London, taking trains and their passengers to Victoria Station. It was widened by building a second bridge alongside the first in 1865-66 as the railways expanded and the demand for Victoria Station increased (London, Brighton, & South Coast Railway; London, Chatham & Dover Railway), and again in 1907 (London, Brighton, & South Coast Railway) when a third bridge was built to match the first and second. This is the bridge about which Mr Bradshaw enthused.
From the top: Battersea, Chelsea & Vauxhall Bridges, with the start of the railway bridge, 1859 (https://commons.wikimedia.org/wiki/File:ILN_Vauxhall,_Victoria_%26_Battersea_bridges.jpg)
The new railway bridge being built, The Illustrated London News, 1860 (as advertised on EBay)
Victoria Railway Bridge, 1897 (http://thames.me.uk/s00160.htm#top)
The Victoria Railway Bridge Bridge no.2 replaced the first bridge in 1963-67. The superstructure was completely replaced and today’s bridge has ten tracks, with a separate span for each track, and the original piers encased in concrete.
From downriver, the Victoria Rail Bridge in the distance, with Chelsea Bridge beyond
The Victoria Rail Bridge
Victoria Railway Bridge from the river
The railway line followed the line of the Grosvenor Canal and the terminus, Victoria Railway Station, was built over the Canal Basin. The remains of the canal are still visible: the Western Pumping Station, its chimney, and the entrance to the canal from the Thames.
The Victoria Rail Bridge with the Western Pumping Station on the left
The entrance to the Grosvenor Canal
The Victoria Rail Bridge, with the entrance to the Grosvenor Canal in the foreground
The chimney and Western Pumping Station
Victoria Railway Station is actually two separate railway stations, side by side. The London, Brighton & South Coast Railway Station opened in 1860 and the site included the Grosvenor Hotel. This side of the station, and the hotel, was rebuilt in 1906. Today platforms 9-19 continue to service the south and the south coast, and include the Gatwick Express.
Victoria Station, the Brighton side
The Grosvenor Hotel, Victoria Station
The London, Chatham & Dover railway joined with the South East & Chatham railway and its new entrance was also rebuilt in 1906. Today this eastern side of the station continues to service the south east from platforms 1-8, and platform 2 is the departure point for the Venice Orient Express.
Victoria Station, the Chatham & Dover side
The Chatham side of Victoria Station
The Victoria (Grosvenor) Bridge
A blog about bridges
The Secrets of London’s Bridges
Battersea, Bradshaw, Thames, Victoria Railway Bridge, Victoria Station
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The Irish Tigers From Louisiana
For a full list of articles in The Immigrants’ Civil War scroll to the bottom of the page.
As the Irish Fighting 69th Infantry Regiment in the New York State Militia was training for battle near Alexandria, Virginia, at the end of June 1861, another immigrant unit arrived in northern Virginia in clothes that exaggerated their own foreignness. This strangely dressed battalion would become one of the most famous units of the Confederate Army.
The Louisiana Tigers battalion drew its men primarily from the Irish working class in New Orleans. Its mostly impoverished soldiers took the field in some of the most outrageous uniforms worn by any men in the war. The Tigers were a Zouave unit, which meant they wore clothing patterned on the uniforms of French North African troops. The original Zouaves were Berber tribesmen recruited by the French to fight in Algiers. The Tigers would become one of the hardest fighting units in the war, but if you know the history of the Irish community in New Orleans you might ask why they fought at all.
The model below shows a Louisiana Tiger in a “Zouave” uniform based on uniforms worn by French troops in North Africa. While the Tiger would have worn a Berber-style cap on parade, the men wore straw hats to protect themselves from the sun during summer military operations. The Zouave uniform has been described as “the opposite of camouflage.” It was designed to attract attention. (Click here for source.)
New Orleans, the biggest city in the Confederacy, was also the South’s only city where nearly half of the population was born abroad. It had the largest concentration of Jewish immigrants, 4,000 to 5,000, in the South.1 It had small populations of Latinos, French immigrants, and Italians. But the city’s two largest groups of newcomers were Germans and Irish.2
We tend to think of New Orleans as city run by Creoles descended from French settlers, but in 1860 it was incredibly diverse, and woefully divided. By the start of the Civil War, non-French speaking whites outnumbered French immigrants, Creoles, free blacks, and slaves combined. The non-French whites included native-born Southerners (called “The English” by Creoles) who had moved to the area after the Louisiana Purchase, as well as large numbers of immigrants.3
Immigrants had been coming from Europe since the 1830s, when they had been crowded into neighborhoods like “Little Saxony” and “The Irish Channel.” But by 1860, Irish and Germans could be found almost everywhere. Even in the Creole bastion of the French Quarter, immigrants outnumbered the native-born Creoles.4
The diverse mix of immigrants gave the city its well-known accent, retained even today, which is less Southern and more Brooklyn.
New Orleans drew heavy immigration from Ireland because of the peculiarities of the cotton trade. All cotton from the slave states lining the Mississippi was sent down river to New Orleans where it was loaded onto sailing ship to be sent to England’s textile mills. Once it was offloaded, ships would be light and top heavy. Since the South never took in as much weight in imports as it sent to England as exports, cotton ships needing ballast would take on Irish immigrants at very cheap rates simply to keep the ships from tipping over on the return voyage. Irish peasants, unfamiliar with American geography, were often told that New Orleans was near New York and that once arrived in Louisiana they could arrange travel to join their families there or in Boston.5
Normally immigrants avoided slave states. They knew that a free workman could never compete in wages with slaves and that underbidding slave labor was a recipe for starvation. The geography of New Orleans, however, opened up a dangerous job market for the unskilled Irish worker.
New Orleans is the largest port on the Mississippi. It is set amidst swamps and lakes. Canals needed to be built to drain the swamps and provide navigable channels for ships. Levees had to be constructed to preserve the city from flooding. Ships at the docks had to be tended and loaded. This was what was referred to as “water work” and it was considered too dangerous for slaves.
An Irish laborer cost more to hire per day than the upkeep costs of a slave. However, the slave represented a capital investment for his “owner.” Water work was dangerous. Men drowned or sickened and died from the diseases of the swamps. If a slave drowned, his owner lost his capital.6
A New Orleans river pilot explained the economics of using the Irish for water work to a traveler:
“Every time a boiler bursts [on a ship], they would lose so many dollars worth of slaves, whereas by getting an Irishman at a dollar a day they pay for the [labor] as they get it, and if it is blown up, they get another [Irish worker].”7
Irish were brought to New Orleans in large numbers to build the New Ship Canal in 1831. Some were imported from Irish centers in the North like Philadelphia by project chief Simon Cameron, who would later serve as Lincoln’s Secretary of War. The Irish workers soon organized a union and published a denunciation of Cameron for “selling” them as slaves to the canal company. They denounced the company for paying them in company script, which they could only spend at the company store where prices were often twice as high as other stores. They said that promised healthcare was administered by a “quack” doctor. The day after Christmas 1831, they went on strike and were thrown out of their company housing to wander homeless. The workmen insisted in the press that they would “not tamely submit to the numberless acts of injustice” against them, but their strike was broken by replacement workers.8
An Irish actor who visited the canal project wrote that the Canal Company “wrings profits from their blood” when he saw the conditions the men worked under. Estimates of the number of immigrant workers who died in that one project are put at around 3,000. Death was so commonplace on this job that a popular Irish song about it was sung:
Ten thousand Micks, they swung their picks
To dig the New Canal
But the choleray was stronger than they
And twice it killed them all.9
Irish labor was so expendable that plantation owners brought New Orleans’ Irish upriver to their plantations to clear swamps so that they could later be worked safely by slaves.10
Irish immigrants were not only found on land. They made up half of the crews of the famous riverboats of New Orleans. Most of the city’s dockworkers were Irish, and their longshoreman’s association was the city’s strongest union before the Civil War.11
When Irish workers were abused by the city’s monied elite they struck back with boycotts, labor stoppages, and violence against their bosses. They used the same tactics to drive the city’s free blacks out of a variety of unskilled jobs. Blacks fought back by demanding that the Irish be excluded from domestic service occupations. The conflict left years of bitterness between the two groups.12
During the 1850s, a growing anti-immigrant movement developed in the city. Immigrants were hit from two directions. The “English” joined the growing national Know Nothing movement. Many Creoles, who distained the anti-Catholic Know Nothings, nevertheless saw the new immigrants as a threat to the French character of the city. The New Orleans Daily Creole “portrayed the Irish as criminals…and the Germans as anarchists and abolitionists,” according to one local historian. Oddly, because the new immigrants either spoke or learned English rather than French, they were seen by Creoles as dangerous agents of the Americanization of the city.13
Creole anti-immigrantism would fade during the half-decade before the Civil War when the Know Nothing’s American Party became the political organ of the “English.” Know Nothing toughs targeted immigrants and Creoles alike for intimidation and violence. In 1855, gangs of Know Nothings beat up Irish voters to keep them away from the polls. Know Nothings posted at voting sites called out slogans like, “Clear the polls you damned Dutch and Irish sons of bitches,” to intimidate foreign-born voters. During the following year’s local election, violence was so widespread that riots broke out and two Sicilian immigrants were lynched by an anti-immigrant mob.14
When the national election was held in November 1856, Know Nothings put on fake beards and blackened their faces before going through the streets assaulting naturalized citizens who wanted to vote. The terror tactics were effective. The Democratic vote, which was heavily immigrant, fell by 50 percent between the 1852 and 1856 elections. By the end of the year, the Know Nothings controlled all branches of city government. They immediately began firing immigrants on the city payroll, especially targeting Irish-born teachers.15
Some city leaders called for calm. Unitarian Minister Theodore Clapp urged the native-born to take a hard look at the city’s dependence on the Irish. “How could we get along without them?” he asked those who were set on violently driving the immigrants out.16
The Irish, Germans, and Creoles formed a defensive alliance in 1858 to use armed force against their tormenters. Pro-immigrant groups of conspirators stormed a local armory capturing weapons, including cannons, which they used to occupy Jackson Square, the center of life in the city. They barricaded the area, creating a “fort” as a rallying point for those fed up with Know Nothing rule. Immigrants streamed into the square to join the rebels. The “English” Know Nothings mobilized their own armed bands and a standoff ensued. When the two sides disbanded after several deaths, the fissures that gave rise to the uprising were not resolved and the Crescent City would remain divided as the American Civil War began.17
Louisiana Tigers, with Berber hats, in combat.
When war broke out, the city leaders turned to the same despised Irish for defense. The State of Louisiana authorized the formation of an Irish Brigade, but the Irish did not respond to the call to enlist. Alienation from the broader community appears to have played a part in the reluctance of the Irish to serve a city that had rejected them as voters just months earlier.18
Since an Irish Brigade couldn’t be assembled, the city tried to at least recruit a regiment. That too failed, and so a half-sized “Special Battalion” of about 500 mostly Irish soldiers called “Wheat’s 1st Louisiana Special Battalion” was mustered into the state’s service. The entire unit was quickly dubbed “The Tigers” after their most Irish company, the Tiger Rifles. 19
Kate Stone, the twenty-year-old daughter of a wealthy “English” cotton planter from rural Louisiana referred to the Irish Tigers as “the very dregs of the city.”20
Another Southerner wrote about the Tigers:
I got my first look at Wheat’s Battalion from New Orleans. They were all Irish and were dressed in Zouave dress, and were familiarly known as Louisiana Tigers, and tigers they were too in human form. I was actually afraid of them, afraid I would meet them somewhere in camp and that they would…knock me down and stamp me half to death.21
While the 1st Louisiana Special Battalion has sometimes been compared to the Fighting 69th of New York, there were important differences. The New York regiment had been in existence for years before the Civil War. It had been organized by the Irish of New York for Irish communal purposes. The regiment was officered and led by Irish-born New Yorkers who articulated a distinctively Irish nationalist credo. The 1st Louisiana was organized by native New Orleanians after the outbreak of war. It included large contingents of immigrants from other parts of Europe as well as native born soldiers. Its commander, Major Roberdeau Wheat, while well-liked by the men in the ranks, was not a leader in the Irish community. He was the native-born son of an Episcopal minister. Most importantly, the Louisiana battalion made no pretense that its men would one day serve in an army of Irish liberation or were part of a broader nationalist narrative.
Various reasons have been offered for why Irish workingmen joined the Tigers, in spite of their poor treatment by the “English” who became New Orleans’ leading Confederates. These reasons include fear that abolition would undercut Irish union organization by flooding the labor market with freedmen from rural plantations, coupled with Irish antagonism to the Northern Republicans as allies of the hated Know Nothings. The English reporter William Russel offered a simpler explanation. An economic depression hit the docks when the war broke out and trade was disrupted. For the impoverished workers, the choice was to “fight or starve.”22
Whatever the reasons for their enlisting, when they arrived in Virginia, the Irish Tigers were just weeks away from a bloody clash with their fellow countrymen from New York.
1. The Business of Jews in Louisiana 1840-1875 by Elliot Ashkenazi, University of Alabama Press, Tuscaloosa (1988) p. 104
2. Creole New Orleans: Race and Americanization ed. by Arnold R. Hirsch and Joan Logsdon, Louisiana State University Press, Baton Rouge (1992) p. 119.
3. Creole New Orleans: Race and Americanization ed. by Arnold R. Hirsch and Joan Logsdon, Louisiana State University Press, Baton Rouge (1992) p. 118-119, 164.
5. The Irish in New Orleans: 1800-1860 by Earl F. Nichaus, Louisiana State University Press, Baton Rouge (1965) p. 34
7. The Irish in New Orleans: 1800-1860 by Earl F. Nichaus, Louisiana State University Press, Baton Rouge (1965) p. 48-49
10. The Irish in New Orleans: 1800-1860 by Earl F. Nichaus, Louisiana State University Press, Baton Rouge (1965) p. 47
12. The Irish in New Orleans: 1800-1860 by Earl F. Nichaus, Louisiana State University Press, Baton Rouge (1965) p. 50-51
13. Creole New Orleans: Race and Americanization ed. by Arnold R. Hirsch and Joan Logsdon, Louisiana State University Press, Baton Rouge (1992) p. 165-168.
14. The Know Nothing Party in New Orleans by Leon Cyprian Soule, Louisiana Historical Association, Baton Rouge (1961) pp 72-79
15. The Know Nothing Party in New Orleans by Leon Cyprian Soule, Louisiana Historical Association, Baton Rouge (1961) pp. 81-82
16. UK___
18. Lee’s Tigers by Terry Jones, Louisiana State University Press, Baton Rouge (1987) Chapter 1
19. Id.
20. The Civil War: The First Year, The Library of America (2011) p. 372
21. The Lousiana Tigers in the Gettysburg Campaign June-July 1863 by Scott Mingus, Sr., Louisiana State University Press, Baton Rouge (2009) Chapter 1, p. 3 in Kindle edition
22. The Irish in New Orleans: 1800-1860 by Earl F. Nichaus, Louisiana State University Press, Baton Rouge (1965) p. 158-159
The Immigrants’ Civil War is a series that examines the role of immigrants in our bloodiest war. Articles will appear twice monthly between 2011 and 2017. Here are the articles we have published so far:
1. Immigrant America on the Eve of the Civil War – Take a swing around the United States and see where immigrants were coming from and where they were living in 1861.
2. 1848: The Year that Created Immigrant America – Revolutions in Europe, famine and oppression in Ireland, and the end of the Mexican War made 1848 a key year in American immigration history.
3. Carl Schurz: From German Radical to American Abolitionist– A teenaged revolutionary of 1848, Carl Schurz brought his passion for equality with him to America.
4. Immigrant Leader Carl Schurz Tells Lincoln to Stand Firm Against Slavery.
5. …And the War Came to Immigrant America -The impact of the firing on Fort Sumter on America’s immigrants
6. The Rabbi Who Seceded From the South
7. The Fighting 69th-Irish New York Declares War
8. The Germans Save St. Louis for the Union
9. New York’s Irish Rush to Save Washington
10. Immigrant Day Laborers Help Build the First Fort to Protect Washington-The Fighting 69th use their construction skills.
11. Carl Schurz Meets With Lincoln To Arm the Germans
12. Immigrants Rush to Join the Union Army-Why?– The reasons immigrants gave for enlisting early in the war.
13. Why the Germans Fought for the Union?
14. Why Did the Irish Fight When They Were So Despised?
15. The “Sons of Garibaldi” Join the Union Army
16. The Irish Tigers From Louisiana
Previous articleSuffolk Election Coverage: Democratic Candidate Steve Bellone on Immigration and Education [VIDEO]
Next articleFormerly Undocumented East Hampton Resident Stresses Compassion in Border Crisis
Tedra Ulmer March 17, 2020 at 7:21 pm
Roberdeau Wheat had THE best shirt in the war ❤️
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About Steven L. Sherman
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Daniel Chapter 4 – King Nebuchadnezzar Has a Fearful Dream!
Posted by Just Pray NO! in Book of Daniel
Daniel, Daniel Chapter 4, King Nebuchadnezar had a dream, King Nebuchadnezzar, Nebuchadnezzar, wise men of Babylon
King Nebuchadnezzar,
To the nations and peoples of every language, who live in all the earth:
May you prosper greatly! Daniel 4:1
This entire chapter is written in Aramaic. The Aramaic language was the common language or lingua franca, used in Assyrian, Babylonian and Persian communication. It was the bridge language or trade language used to make communication possible between people who didn’t share a native language or dialect.
It was expeditious that a letter addressed to all the nations and peoples of every language that composed King Nebuchadnezzar’s Empire would be written in Aramaic as opposed to having his letter translated into many languages and dialects. But the scope of his letter is meant to reach far beyond the borders of his empire to peoples and nations of all the earth.
It is my pleasure to tell you about the miraculous signs and wonders that the Most High God has performed for me.
How great are his signs, how mighty his wonders! His kingdom is an eternal kingdom; his dominion endures from generation to generation. Daniel 4:2-3
The purpose of Nebuchadnezzar’s proclamation is to tell the world of the mighty wonders that the Most High God who rules eternally had performed in the king’s behalf.
I, Nebuchadnezzar, was at home in my palace, contented and prosperous. I had a dream that made me afraid. As I was lying in bed, the images and visions that passed through my mind terrified me. So I commanded that all the wise men of Babylon be brought before me to interpret the dream for me. When the magicians, enchanters, astrologers and diviners came, I told them the dream, but they could not interpret it for me. Daniel 4:4-7
As in the second year of his reign, Nebuchadnezzar had a troubling dream. Once again, the wise men of Babylon were incapable of interpreting the king’s dream.
Finally, Daniel came into my presence and I told him the dream. (He is called Belteshazzar, after the name of my god, and the spirit of the holy gods is in him.)
I said, “Belteshazzar, chief of the magicians, I know that the spirit of the holy gods is in you, and no mystery is too difficult for you. Here is my dream; interpret it for me. Daniel 4:8-9
Daniel was trained in the language and traditions of the Chaldeans. He was made the leader of the Babylonian wise men. Daniel’s abilities were from Yehovah and not from Babylonian magic.
In chapter two, after Daniel had given King Nebuchadnezzar the interpretation of his dream of an enormous, dazzling statue, the king proclaimed to Daniel, “Surely your God is the God of gods and the Lord of kings and a revealer of mysteries, for you were able to reveal this mystery.” Yet, the king states that Daniel is called Belteshazzar, after the name of his god, Bel.
Marduk, in Mesopotamian religion was the chief god of the city of Babylon and the national god of Babylonia. He was eventually called simply Bel, or Lord. Originally, he seems to have been a god of thunderstorms but gradually came to be thought of as the god of order and destiny.
Clearly the king did not worship Daniel’s God. Since the Babylonians had many gods, the king attributed Daniel’s abilities to the spirit of the holy gods in him.
These are the visions I saw while lying in bed: I looked, and there before me stood a tree in the middle of the land. Its height was enormous. The tree grew large and strong and its top touched the sky; it was visible to the ends of the earth. Its leaves were beautiful, its fruit abundant, and on it was food for all. Under it the wild animals found shelter, and the birds lived in its branches; from it every creature was fed. Daniel 4:10-12
The first part of Nebuchadnezzar’s dream was of an impressive tree that was so large and its fruit so bountiful that it could shelter and feed all of the earth’s creatures.
“In the visions I saw while lying in bed, I looked, and there before me was a holy one, a messenger, coming down from heaven. He called in a loud voice: ‘Cut down the tree and trim off its branches; strip off its leaves and scatter its fruit. Let the animals flee from under it and the birds from its branches. Daniel 4:13-14
The king’s dream then takes an awful turn. An angel is dispatched from heaven and announces that the tree is to be cut down and stripped bare.
But let the stump and its roots, bound with iron and bronze; remain in the ground, in the grass of the field. “‘Let him be drenched with the dew of heaven, and let him live with the animals among the plants of the earth. Let his mind be changed from that of a man and let him be given the mind of an animal, till seven times pass by for him. Daniel 4:15-16
Finally the stump is not uprooted but bound with strong metals. The symbolism of the tree representing a man becomes evident when the angel declares, “‘Let him be drenched with the dew of heaven, and let him live with the animals among the plants of the earth. Let his mind be changed from that of a man and let him be given the mind of an animal, till seven times pass by for him.”
“‘The decision is announced by messengers, the holy ones declare the verdict, so that the living may know that the Most High is sovereign over all kingdoms on earth and gives them to anyone he wishes and sets over them the lowliest of people.’ Daniel 4:17
When the king’s dream is interpreted and comes to pass, it will serve to demonstrate the sovereignty, authority and power of the Most High God.
“This is the dream that I, King Nebuchadnezzar, had. Now, Belteshazzar, tell me what it means, for none of the wise men in my kingdom can interpret it for me. But you can, because the spirit of the holy gods is in you.” Daniel 4:18
King Nebuchadnezzar is confident that Daniel can once again do what none of the Babylonian wise men were capable of doing – interpret his dream.
Then Daniel (also called Belteshazzar) was greatly perplexed for a time, and his thoughts terrified him. So the king said, “Belteshazzar, do not let the dream or its meaning alarm you.”
Belteshazzar answered, “My lord, if only the dream applied to your enemies and its meaning to your adversaries! Daniel 4:18-19
Daniel alerts the king to be prepared for what he is about to hear because the interpretation of the dream directly concerns the king and it is quite unpleasant.
The tree you saw, which grew large and strong, with its top touching the sky, visible to the whole earth, with beautiful leaves and abundant fruit, providing food for all, giving shelter to the wild animals, and having nesting places in its branches for the birds—Your Majesty, you are that tree! You have become great and strong; your greatness has grown until it reaches the sky, and your dominion extends to distant parts of the earth. Daniel 4:20-22
The first part of the dream symbolizes the king in his lofty position and the vastness and wealth of his empire.
“Your Majesty saw a holy one, a messenger, coming down from heaven and saying, ‘Cut down the tree and destroy it, but leave the stump, bound with iron and bronze, in the grass of the field, while its roots remain in the ground. Let him be drenched with the dew of heaven; let him live with the wild animals, until seven times pass by for him.’
“This is the interpretation, Your Majesty, and this is the decree the Most High has issued against my lord the king: You will be driven away from people and will live with the wild animals; you will eat grass like the ox and be drenched with the dew of heaven. Seven times will pass by for you until you acknowledge that the Most High is sovereign over all kingdoms on earth and gives them to anyone he wishes. The command to leave the stump of the tree with its roots means that your kingdom will be restored to you when you acknowledge that Heaven rules. Daniel 4:23-26
The Most High God’s decree was that King Nebuchadnezzar would live like a wild animal. The king was told by Daniel in chapter two that the God of heaven had given him dominion and power and might and glory. But prideful Nebuchadnezzar believed that he had become ruler over Babylon because of his own ability and wisdom and not because of the sovereignty of God.
Therefore, Your Majesty, be pleased to accept my advice: Renounce your sins by doing what is right, and your wickedness by being kind to the oppressed. It may be that then your prosperity will continue.” Daniel 4:27
Nebuchadnezzar exalted himself, and in his self-centered pride, became a tyrant by oppressing the poor and weak. Although Daniel’s royal family was killed by the Babylonians during their siege and destruction of Jerusalem, and Daniel was taken captive by the king, Daniel is not vindictive but urges the king to repent of his sins.
“You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you, that you may be sons of your Father in heaven; Matthew 5:43-45
Daniel not only loved the Most High God but even loved his captor.
All this happened to King Nebuchadnezzar. Daniel 4:28
All that was decreed to happen in the interpretation of his dream came to pass.
Twelve months later, as the king was walking on the roof of the royal palace of Babylon, he said, “Is not this the great Babylon I have built as the royal residence, by my mighty power and for the glory of my majesty?” Daniel 4:29-30
Babylon was built in the form of a square, 14 miles on each side, and of enormous magnitude. The brick wall was 56 miles long, 300 feet high, 25 feet thick with another wall 75 feet behind the first wall, and the wall descended 35 feet below the ground. It contained 250 towers that were 450 feet high. A wide and deep moat encircled the city.
Babylon’s vast double wall stood on both sides of the Euphrates River with 8 gates. The Ishtar Gate in the wall of Nebuchadnezzar’s Babylon was claimed by some to be greater than any of the listed Wonders of the Ancient World.
From the Ishtar Gate ran the Processional Way – a wide paved road flanked by walls decorated with glazed and gilded bricks showing lions and dragons, which led to the Temple of Marduk and the adjacent Tower of Babel ziggurat which reached to 300 feet high. There were 4 other temples, and west of the Ishtar Gate stood 2 palace complexes.
The Euphrates River also flowed through the middle of the city. It contained ferry boats and a 1/2 mile long bridge with drawbridges that closed at night
The famous “Hanging Gardens” (one of the wonders of the ancient world) received its water from the river by hydraulic pumps. The gardens were planted on top of a building and served both to beautify and to keep the building cool from the heat of summer. They probably were in view of Nebuchadnezzar’s palace.
Yes, Babylon was a great city that contained the king’s royal residence. The city of Babylon was regarded as the symbol of his power and majesty; and he spared no expense or effort to make it the most beautiful city of the world. If the construction of a great city, magnificent in size, architecture, parks, and armaments, was a proper basis for pride, Nebuchadnezzar was justified. What he had forgotten was that none of this would be possible apart from God’s sovereign will. The king’s prideful boasting was heard from above. He had not heeded the warning dream and one year later the decree pronounced on him was fulfilled.
Even as the words were on his lips, a voice came from heaven, “This is what is decreed for you, King Nebuchadnezzar: Your royal authority has been taken from you. You will be driven away from people and will live with the wild animals; you will eat grass like the ox. Seven times will pass by for you until you acknowledge that the Most High is sovereign over all kingdoms on earth and gives them to anyone he wishes.”
Immediately what had been said about Nebuchadnezzar was fulfilled. He was driven away from people and ate grass like the ox. His body was drenched with the dew of heaven until his hair grew like the feathers of an eagle and his nails like the claws of a bird. Daniel 4:31-33
Seven times will pass either is a reference to seven years or seven seasons. In Mesopotamia, the solar year was divided into two seasons, the “summer,” which included the barley harvest in the second half of May or in the beginning of June, and the “winter,” which roughly corresponded to today’s fall-winter. The decree lasted either seven years or three and a half years.
Pride and self-conceit are sins that beset so-called self-made successful men. They are likely to glorify themselves instead of honor and thank God. While the proud word was in the king’s mouth, God pronounced His verdict. One minute the king was strutting on the roof of his palace boastfully like a peacock, and the next minute he became irrational and fell to all fours like a dumb ox.
Boanthropy means ox-man. Boanthropy is a rare psychological disorder in which a human believes himself or herself to be a bovine – a cow or an ox. They prefer to live outside, crawl on all fours, and eat grass or vegetables only.
The king’s body was drenched with the dew of heaven. The temperature range in this part of the world is 120 degrees in summer to below freezing in winter. One can imagine the physical stresses Nebuchadnezzar’s body endured as he lived outdoors the year round.
Logically it would have been Daniel, who the king had made ruler over the entire province of Babylon and placed him in charge of all its wise men, who directed the affairs of the government until the king emerged from his insanity. It is probable that Nebuchadnezzar was hidden away from view and kept in the palace gardens.
At the end of that time, I, Nebuchadnezzar, raised my eyes toward heaven, and my sanity was restored. Then I praised the Most High; I honored and glorified him who lives forever.
His dominion is an eternal dominion; his kingdom endures from generation to generation.
All the peoples of the earth are regarded as nothing. He does as he pleases with the powers of heaven and the peoples of the earth. No one can hold back his hand or say to him: “What have you done?” Daniel 4:34-35
During the duration of the decree, Nebuchadnezzar ate grass like an ox. As he crawled on all four, as the beasts do, his eyes were fixed upon the earth looking out for his food. But at the end of that time, he looked up to heaven and his sanity was restored.
“God resists the proud, but gives grace to the humble.” James 4:6b
After his very humbling experience, the king praises and gives glory to the Most High who is sovereign over the affairs of men and of angels.
At the same time that my sanity was restored, my honor and splendor were returned to me for the glory of my kingdom. My advisers and nobles sought me out, and I was restored to my throne and became even greater than before. Now I, Nebuchadnezzar, praise and exalt and glorify the King of heaven, because everything he does is right and all his ways are just. And those who walk in pride he is able to humble. Daniel 4:36-37
The king acknowledged that God did not deal unjustly or too severely with him. God does what is right and His ways are just. Not only was God just, but gracious towards the king by restoring him to his throne and making him even greater than he was before.
Nebuchadnezzar’s confession echoes what the great psalmist and former king of Israel penned when the prophet Nathan came to him after David had committed adultery with Bathsheba.
Against you, you only, have I sinned and done what is evil in your sight; so you are right in your verdict and justified when you judge. Psalm 51:4
As King David, being convinced of his sin poured out his soul to God in prayer for mercy and grace; so can anyone who turns to God in repentance receive forgiveness. Our Creator and Redeemer is not only righteous and just, but gracious and merciful, slow to anger and abounding in love.
To order, click on picture of book cover.
Book of Daniel
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Updates from Laura
What are they saying about Laura?
Get Involved – Contact Us
Laura Devlin
Taking Action, Getting Results
Laura is serving her third term representing the people of Fairfield and Trumbull in the 134th District.
She is the head House Republican on the legislature’s Transportation Committee (all laws pertaining transportation and motor vehicles), and also serves on the legislature’s Education Committee and the powerful tax-writing Finance, Revenue, and Bonding Committee. Laura has served as a member of several caucuses and task forces, including the legislature’s bipartisan Women’s Caucus, the Fire and EMS Caucus, and the Intellectual and Developmental Disabilities Caucus.
In her almost six years in the House of Representatives, Laura has worked hard to make living, raising a family and retiring in Connecticut more affordable. A lynchpin to those goals were initiatives to stop taxing peoples’ pensions and Social Security, and putting structural reforms in place that instituted the constitutional state spending cap and created a state bonding cap. These structural reforms have put Connecticut in a better financial position and will serve the state well in helping to get its economy back on track due to the pandemic.
Additionally, Laura fought for a strong constitutional state transportation lockbox and opposed the budgetary maneuver that diverted millions out of the lockbox.
Being one of the foremost authorities on the issue of tolls, Laura toured the state and worked with grassroots groups to educate residents on the issue of tolls and transportation funding.
As a state representative, Laura has spearheaded multiple community events including town diaper drives, food drives, essay contests, and flag collections. She also makes herself available to constituents through coffee hours, pizza nights, legislative forums, and now due to social distancing protocols, hosting virtual town halls. These events, along with her direct outreach to check in on constituents helps make sure she is getting the true pulse of the district.
Having lived in Fairfield for nearly 30 years, Laura is originally from the south suburbs of Chicago and still a White Sox fan. Her mother was an elementary school teacher and her father, an entrepreneur. Laura’s father was also a WWII veteran, having landed at Normandy on D-Day and fought in the Battle of the Bulge. She, along with her brother and three sisters, were raised to be independent, work hard, keep their sense of humor, and put family first.
Laura started working at 15 years of age and largely put herself through college, graduating from the University of Illinois in Champaign/Urbana in four years. Shortly after graduation, she started her career and moved to New York City. She wasn’t there long when she was transferred to Oregon, Kentucky, and then back to New York. It was when Laura came back to work in New York City that she chose Fairfield as a place to live because it was the most attractive and affordable community on the Metro-North New Haven line.
As a commuter, spending three hours a day on Metro-North, Laura’s time in Fairfield was limited to late evenings and weekends. So, when she left her job in New York to establish her own consulting business, her daily commute stopped and she began to get more actively involved in local school and community events as an advocate and volunteer.
Laura’s volunteer experience includes:
Fairfield School Volunteer – Dwight, Burr, Fairfield Woods Middle School
Volunteer, Girl Scouts of America
Board Member, Bellarmine Guild, Fairfield College Preparatory School
Secretary, Fairfield Board of Assessment Appeals
Job Re-Entry Program Coach, Dress for Success
Chair, Food Collection Outreach, Fairfield 375 Food Drive
Member, Fairfield Representative Town Meeting
Member, Fairfield Representative Town Meeting, Finance Committee
Member, Greenfield Hill Village Improvement Society
Member, Greenfield Hill Grange
Laura and her family, along with their rescue dog Tucker, reside in Fairfield, CT.
Paid for by Laura Devlin for State Representative, Loretta Chory, Treasurer. Approved by Laura Devlin.
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Faculty Directory ›
Douglass Cassel
Notre Dame Presidential Fellow
Professor Emeritus of Law
Office: 2155 Eck Hall of Law
Email: Doug.Cassel@nd.edu
Staff Assistant: Alicia Cummins
CV: View
Douglass Cassel is a scholar, practitioner and commentator on international human rights law, specializing in issues of business and human rights, regional human rights systems, and international criminal and humanitarian law. His scholarly articles in English and Spanish are published in the United States, Latin America and Europe, and he lectures at universities and conferences worldwide. On behalf of retired United States diplomats, and leading experts on international law, he has filed several amicus curiae briefs in the United States Supreme Court involving the rights of prisoners at Guantanamo and accountability for human rights violations under the Alien Tort Claims Act. He has represented victims of human rights violations in Colombia, Guatemala, Peru and Venezuela, and appeared as an expert witness, in cases before the Inter-American Commission and Inter-American Court of Human Rights.
Cassel has served as Legal Advisor to the United Nations Commission on the Truth for El Salvador; Executive Council member of the American Society of International Law; co-chair of the International Committee of the Board of Directors of the Lawyers’ Committee for Civil Rights Under Law; Chair of the Independent International Panel on Alleged Collusion in Sectarian Killings in Northern Ireland; and consultant to the Department of State, Department of Justice, Ford Foundation, the President of the American Bar Association, and non-governmental human rights organizations. In 2000, 2003 and 2012, he was nominated by the US Government and elected by the Organization of American States to four-year terms on the Board of the Justice Studies Center of the Americas, of which he was elected President during 2002-04 and again in 2014. He served as President of the Due Process of Law Foundation ("DPLF"), based in Washington, D.C., from 2000 to 2012.
Cassel is also an award-winning commentator. Until 2012 his regular commentaries on human rights were broadcast on Chicago Public Radio and published in the Chicago Daily Law Bulletin. His commentaries have also appeared in the Chicago Tribune, Miami Herald, Christian Century, and other publications.
Cassel earned a B.A. cum laude from Yale in 1969 and a J.D. cum laude from Harvard Law School in 1972. After serving for three years as a Lieutenant in the Navy Judge Advocate General’s Corps, he practiced law for 16 years as staff counsel and later General Counsel of Business and Professional People for the Public Interest in Chicago, where he handled test cases and class actions involving civil rights, civil liberties, consumer and environmental law.
After visiting at Notre Dame in 2002, Cassel joined the faculty in 2005, and served as director of the Center for Civil and Human Rights form 2005-2012. He previously directed human rights centers at DePaul College of Law and Northwestern University School of Law. He retired from the Law School in June 2018.
His current research interests include the human rights responsibilities of transnational corporations, strengthening of regional human rights institutions, accountability for gross violations of human rights, international law options for combating terrorism, and the history of human rights.
LAW70409, Accountability for Gross Violations Human Rights
LAW70443, Transnational Corporations & Human Rights
LAW70421, Regional Protection of Human Rights Seminar
LAW70417, Universal Protection of Human Rights
LAW70401, Public International Law
LAW70411, International Criminal Justice, Human Rights & Humanitarian Law
LAW88700, LLM Thesis In Notre Dame London Summer Programme: Public International Law English Legal History
(For full list see Prof. Cassel's CV)
Suing Americans for Human Rights Torts Overseas: The Supreme Court Leaves the Door Open, 89 NOTRE DAME LAW REVIEW 1773-1812 (2014).
Garry Wills on Providence, Peace and Presidential Powers, in Kenneth L. Vaux and Melanie Baffes, eds., NATION AND WORLD, CHURCH AND GOD: THE LEGACY OF GARRY WILLS (Northwestern University Press, 2014), pp. 203-217.
Regional Human Rights Systems and State Pushback: The Case of the Inter-American Human Rights System (2011-2013), 33 HUMAN RIGHTS LAW JOURNAL 1-10 (30 August 2013).
El Sistema Internacional de Protección de los Derechos Humanos y el Desafío de Washington, in A REALIZAÇÃO E A PROTEÇÃO INTERNACIONAL DOS DIREITOS HUMANOS FUNDAMENTAIS: DESAFIOS DO SÉCULO XXI (INTERNATIONAL IMPLEMENTATION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS: CHALLENGES OF THE 21ST CENTURY) (N. Baez and D. Cassel, eds.) (Editora Unoesc 2011), pp. 83-108.
El Alcance e Impacto Cada Vez Mayores de las Reparaciones Ordenadas por la Corte Interamericana de Derechos Humanos, in LA JUSTICIA CONSTITUCIONAL Y SU INTERNACIONALIZACIÓN. ¿HACIA UN IUS CONSTITUTIONALE COMMUNE EN AMÉRICA LATINA?, Tomo II, pp. 215-47, Max Planck Institute for Comparative Public Law and International Law and Instituto de Investigaciones Jurídicas de la Universidad Autónoma de México, eds., (2010).
International Human Rights Law and Security Detention, 40 Case Western Reserve Journal of International Law 383 (2009).
Empresas Multinacionales y Complicidad en Violaciones de los Derechos Humanos: Confusión Judicial Estadounidense, en la revista DERECHO PONTIFICIA UNIVERSIDAD CATÓLICA DEL PERÚ (2009) (updated version in Spanish of Corporate Aiding and Abetting of Human Rights Violations: Confusion in the Courts, 6 NW. U. J. INT’L HUM. RTS. 304 (2008)).
Honduras: Coup d’Etat in Constitutional Clothing?, ASIL INSIGHT, American Society of International Law, July 29, 2009. Spanish language version: Honduras: ¿Golpe de Estado en Vestido Constitucional?
International Human Rights Law and Security Detention, 40 CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAW 383-401 (2009).
Pretrial and Preventive Detention of Suspected Terrorists: Options and Constraints under International Law, 98 JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY 811-52 (2008) (published by Northwestern University School of Law).
Corporate Aiding and Abetting of Human Rights Violations: Confusion in the Courts, 6 NORTHWESTERN JOURNAL OF INTERNATIONAL HUMAN RIGHTS 304-26 (2008).
Transnational Corporate Accountability and the Rule of Law (co-authored with Sean O'Brien), in Oliver Williams, ed., PEACE THROUGH COMMERCE (2008), pp. 77-95.
Liberty, Judicial Review and the Rule of Law at Guantanamo: A Battle Half Won, 43 NEW ENGLAND LAW REVIEW 37-59 (2008).
La Justicia Frente a los Actos Terroristas, in J. Arjona and C. Hardaga, eds., TERRORISMO Y DERECHOS HUMANOS 95-106 (Universidad Iberoamericana, México) (2008).
Los Juicios Militares en Estados Unidos a la Luz del Derecho Comparado, in PANORAMA INTERNACIONAL SOBRE JUSTICIA PENAL: PROCESO PENAL Y JUSTICIA PENAL INTERNACIONAL, Instituto de Investigaciones Jurí¬dicas, Universidad Nacional Autónoma de México, 2007, pp. 17-23.
Las Mejores Prácticas para el Procesamiento Judicial de las Violaciones de Derechos Humanos, in LOS CAMINOS DE LA JUSTICIA PENAL Y LOS DERECHOS HUMANOS 167-74, Instituto de Democracia y Derechos Humanos, Pontificia Universidad Católica del Perú, 2007.
La responsabilidad penal de los superiores por los crÃmenes de guerra cometidos por sus subordinados: omisión y negligencia, LA ADECUACION DEL DERECHO PENAL NACIONAL A LOS TRATADOS DE DERECHO INTERNACIONAL HUMANITARIO, Memoria, Ciudad de México, Reunión Regional, 7 al 8 de diciembre de 2004, pp. 146-52 (International Committee of the Red Cross, 2007).
The Inter-American Court of Human Rights, in VICTIMS UNSILENCED: THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AND TRANSITIONAL JUSTICE IN LATIN AMERICA, Due Process of Law Foundation (2007), pp. 151-66.
Human Rights and Human Responsibilities, in FUNDAMENTAL RIGHTS AND FUNDAMENTAL RESPONSIBILITIES (S. Parmentier and H. Werdmolder, eds.), Intersentia (forthcoming 2008).
Defending Human Rights in the "War" Against Terror, 4 REGENT JOURNAL OF INTERNATIONAL LAW 223 (2006).
Equal Labor Rights for Undocumented Migrant Workers, in HUMAN RIGHTS AND REFUGEES, INTERNALLY DISPLACED PERSONS AND MIGRANT WORKERS: ESSAYS IN HONOR OF JOAN FITZPATRICK AND ARTHUR HELTON, Anne Bayefsky ed. (Martinus Nijhoff 2006), pp. 477-516.
The Expanding Scope and Impact of Reparations Awarded by the Inter-American Court of Human Rights, in OUT OF THE ASHES: REPARATIONS FOR GROSS VIOLATIONS OF HUMAN RIGHTS, K. De Feyter, S. Parmentier, M. Bossuyt and P. Lemmens eds. (Intersentia 2005), pp. 191-223.
The Globalization of Human Rights: Consciousness, Law and Reality, 2 NORTHWESTERN JOURNAL OF INTERNATIONAL HUMAN RIGHTS 6 (2004).
Does International Human Rights Law Make a Difference?, 2 CHICAGO JOURNAL OF INTERNATIONAL LAW 121-35 (2001).
International Human Rights Law
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The Legality of Conversion “Therapy” Bans After NIFLA
By LJSJ Staff
Earlier this year, Virginia became the most recent state in the United States (and the first in the South) to ban licensed mental health therapists from performing conversion therapy on minors.[1] “Conversion Therapy” refers to a wide range of (discredited) practices which attempt to change the sexual orientation, gender identity, or gender expression of LGBTQ+ individuals.[2] The methods used by its practitioners range from talk-based “therapy” to physical aversion treatments (such as inducing nausea or utilizing electric shocks).[3] These practices are ultimately united by the resounding and uniform condemnation of prominent psychological and counseling associations, which consider conversion therapy unnecessary, ineffective, and potentially harmful.[4] Sadly, outcomes such as depression, self-hatred, increase in substance abuse, and even suicidality have been associated with conversion therapy. [5]
Twenty states have passed bans on the practice of conversion therapy on minors by licensed mental health professionals.[6] The history of the bans is relatively brief, with the first state to pass such a law being California in 2012, and the vast majority of other state bans coming within the past five years.[7] In several states without such bans, counties and cities have enacted their own local ordinances prohibiting licensed medical professionals from engaging in conversion therapy with minors.[8]
Despite the proliferation of these bans, and public support for them, there have been constitutional challenges by practitioners of conversion therapy who claim such laws infringe upon their Free Speech rights.[9] The most recent of these challenges is currently on appeal with the Eleventh Circuit in Otto v. City of Boca Raton.[10] This case could become particularly salient to the question of the constitutionality of conversion therapy bans, as it is the first case to go to the circuit level on this issue after National Institute of Family and Life Advocates v. Becerra (NIFLA).[11] NIFLA itself was not about conversion therapy; it dealt with the legality of disclosures California law required pregnancy crisis centers to make.[12] However, NIFLA did disrupt the prominent case law on conversion therapy bans at the time. [13]
Prior to 2018, two circuits had dealt with this question of what (if any) First Amendment protection conversion therapists could claim.[14] Both courts concluded, through different reasoning, that such bans were constitutional.[15] The Ninth Circuit in Pickup v. Brown held that conversion therapy is not really “speech” as much as it is a kind of conduct to which speech is only incidental.[16] The court explained that there is a continuum, with purely expressive speech at one end (receiving the most constitutional protection), mere conduct on the other (receiving the least), and between them a category of “professional speech.”[17]
The Third Circuit fleshed this concept out more in King v. Governor of the State of New Jersey, where it determined that intermediate scrutiny was the appropriate standard for assessing whether restrictions on professional speech were legal.[18] The court in King disagreed with the holding in Pickup in that it determined conversion therapy efforts to be speech (rather than conduct), but that its status as professional speech entitled it only to intermediate scrutiny.[19] The Third Circuit held that the ban furthered a legitimate government interest, and that it was not more extensive than necessary in securing that interest.[20] It is important to note that both Pickup and King were unambiguous about the potential harm of conversion therapy, as well as the legitimacy of the states’ interest in restricting it.[21]
However the Supreme Court abrogated much of the reasoning in Pickup and King through its NIFLA decision.[22] The Court held that “professional speech” did not exist as a category in constitutional jurisprudence.[[23]] Content-based speech restrictions could not use professional context to avoid strict scrutiny.[24] The majority also placed significant value on “preserving an uninhibited marketplace of ideas” among varying professions, including doctors.[25]
NIFLA’s impact on King was clear; professional speech was central to the Third Circuit’s ruling.[26] It’s impact on Pickup is more difficult to define. A restrictive reading of NIFLA might not be fatal to the idea that conversion therapy is still conduct, but the opinion’s tone casts serious doubt on the idea that the Supreme Court would envision speech based therapy to be entitled to lesser protection than “professional” speech.[27] Less than a month after the Supreme Court decided NIFLA, two therapists practicing conversion therapy in Florida filed a complaint requesting a preliminary injunction against the city of Boca Raton and Palm Beach County to prevent enforcement of their conversion therapy bans.[28]
The district court in Otto v. City of Boca Raton acknowledged that after NIFLA, “the landscape of relevant First Amendment precedent is a morass when trying to address the specific facts in this case.”[29] The opinion meticulously walks through a series of questions in trying to understand what standard of review is appropriate for these bans.[30] The court walks through whether the bans regulate “speech” or “conduct” (finding the former), then asks whether the bans are content neutral or content based (finding the latter), and finally tries to establish whether this is a content based regulation which requires strict scrutiny, or allows for intermediate scrutiny.[31]
At this juncture, Otto takes an interesting turn. The court suggests that talk-based therapy is akin to a “prescription” carried out verbally, and that a strict scrutiny approach to these bans may be inappropriate.[32] However, all the court does is suggest intermediate scrutiny, and it admits that it does not have an answer regarding what standard of review to use.[33] The court believes the standard should be higher than rational basis, but beyond that leaves the question open.[34] After analyzing how the court believes the bans would survive each standard, it finds that they would likely pass rational basis and intermediate scrutiny, and that the question of strict scrutiny is too close to call.[35] However, since this is a preliminary injunction, the court determines that the conversion “therapists” failed to show “substantial likelihood on the merits” of their free speech claim.[36]For whatever reason, the district court declined to fully answer the question in this case. Now that the case is on appeal, it may fall on the Eleventh Circuit to find an answer.
Otto’s importance should not be overstated; even if the Eleventh Circuit holds these bans as unconstitutional speech infringement, it would not invalidate bans outside of that circuit (Florida is the only state with any municipal bans in that circuit).[37] However, because judicial review of these laws is sparse and relatively new, this opinion has the potential to signal a change from previous conversion therapy cases after the uncertainty NIFLA created. If Otto takes a markedly different turn from Pickup and Brown and holds that conversion therapy bans are subject to strict scrutiny (and maybe unconstitutional), it could embolden challenges in other states or localities to bans prohibiting licensed therapists from subjecting minors to conversion therapy.
These bans protect numerous, vulnerable LGBTQ+ youth. In every single case that has handled this question, the factual record has clearly emphasized that the practice of conversion therapy, even if performed purely through talk therapy, has the potential to cause significant harm to LGBTQ+ minors.[38] While the spread of conversion therapy bans should be celebrated and encouraged in other states, it is important to be aware of the potential challenges the bans might encounter going forward.
[1] Sandra E. Garcia Virginia Is First Southern State to Ban Conversion Therapy for Minors, N.Y. Times (Mar. 30, 2020), https://www.nytimes.com/2020/03/03/us/va-conversion-therapy-ban.html.
[2] Mallory et al. Conversion Therapy and LGBT Youth Update at 1 (2019) https://williamsinstitute.law.ucla.edu/wp-content/uploads/Conversion-Therapy-Update-Jun-2019.pdf
[3] Id. at 2
[4] Policy and Position Statements on Conversion Therapy, Hum. Rts Campaign, https://www.hrc.org/resources/policy-and-position-statements-on-conversion-therapy (last visited Sept. 15, 2020).
[5] Judith M. Glassgold et Al. Report of the American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation at 49 (2009) https://www.apa.org/pi/lgbt/resources/therapeutic-response.pdf
[6] Conversion “Therapy” Laws, Movement Advancement Project, https://www.lgbtmap.org/equality-maps/conversion_therapy (last visited Sept. 15, 2020).
[9] Mallory et al. Conversion Therapy and LGBT Youth Update at 2-3 (2019) . https://williamsinstitute.law.ucla.edu/wp-content/uploads/Conversion-Therapy-Update-Jun-2019.pdf.
[10] Otto v. Boca Raton, No. 19-10604 (11th Cir. argued Feb. 11th 2020).
[11] Nat’l Inst. Of Life and Fam. Advocs. v. Becerra, 138 S.Ct. 2361 (2018).
[12] Id. at 2365.
[13] See id. at 2371-72.
[14] Pickup v. Brown, 740 F.3d 1208 (9th Cir. 2014); King v. Governor of the State of N.J., 767 F.3d 216 (3d Cir. 2014).
[15] Pickup, 740 F.3d at 1222; King, 767 F.3d at 240.
[16] Pickup, 740 F.3d at 1229-30.
[17] See id. at 1227.
[18] King, 767 F.3d at 238.
[19] Id. at 228-29.
[20] Id. at 240.
[22] Nat’l Inst. Of Life and Fam. Advocs. v. Becerra, 138 S.Ct. 2361, 2371-72 (2018).
[24] See id. at 2734
[25] Id. (quoting McCullen v. Coackley, 573. U.S. 464, 476 (2014))
[27] See Becerra, 138 S.Ct. at 2375.
[28] Verified Complaint for Declaratory, Preliminary, and Permanent Injunctive Relief at 35 Otto v. City of Boca Raton, 353 F.Supp.3d 1237 (S.D. Fla. 2019).
[29] Otto v. Boca Raton, 353 F.Supp.3d 1237, 1249 (S.D. Fla. 2019)
[32] Id.at 1255.
[37] Conversion “Therapy” Laws, Movement Advancement Project, https://www.lgbtmap.org/equality-maps/conversion_therapy (last visited Sept. 15, 2010).
[38] See Pickup v. Brown, 740 F.3d 1208 at 1232 (9th Cir. 2014); King v. Governor of the State of N.J. 767 F.3d 216 238 (3d Cir. 2014); Otto v Boca Raton 353 F.Supp.3d 1237, 1259-62; Doyle v. Hogan 411 F.Supp.3d 337, 346 (D. Md. 2019).
Purcell Doctrine Amidst a Global Pandemic
Recipe for a Right to Education
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StyleLine magazine will fold after October issue
Karen Buscemi, editor of Detroit-based fashion magazine, StyleLine, announced today on her Facebook page that the glossy's October issue will be its last.
The magazine launched just seven years ago, in 2008, and is owned by the Detroit Media Partnership, a Gannett company.
Buscemi says the company that owns the magazine is "moving on to other things." She says she won't continue to work with the company after the closure.
News Hits StyleLine Gannett Karen Buscemi
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Roger Clyne’s Biggest Contribution to Pop Culture Is Also His Least-Recognized
by Jeremy Essig
Press photo via official website.
Roger Clyne and the Peacemakers will perform at Blueberry Hill on Friday, November 20.
When Roger Clyne turned down a graduate scholarship to study psychology at California State University in Long Beach in favor of “having fun” playing music around his hometown of Phoenix, Arizona, he had no idea that more than twenty years later he would become an industry unto himself. But with a record label and a tequila brand — in addition to his band the Peacemakers — the now 40-ish Clyne has done just that.
“I did not envision this at all,” Clyne says of his twenty-plus-year career. “It unfolds little by little.”
After gaining a reputation as a must-see live act in the same Phoenix-area scene that produced renowned bands such as the Meat Puppets and the Gin Blossoms, Clyne and his group the Refreshments broke into the national consciousness in 1996 with the release of its debut Fizzy, Fuzzy, Big & Buzzy. Buoyed by lyrics that featured Clyne’s sharp wit, mixed with his hometown’s Southwest flavor and goofball videos for the album’s first two singles, “Banditos” and “Down Together,” the album became a staple for anyone involved in college radio in the mid-’90s. So much so that two reissues of the album are slated for release next year.
“Universal Music, which purchased the band’s label, Mercury, is going to re-release [the album] on vinyl in the next week or so,” Clyne says during an interview in early November. “[The Peacemakers] will also be re-recording the album with friends and co-conspirators,” Clyne adds, explaining that he didn’t want to “tip our hand” as to who those participants would be, but that “you will definitely know some of them.”
Following the release of its second album, 1997’s The Bottle and Fresh Horses, the band parted ways with its label, as well as guitarist Brian Blush and bassist Buddy Edwards. Clyne and drummer/co-writer P.H. Naffah christened their new project Roger Clyne and the Peacemakers, and began crafting songs that divined even more influence from the band’s Arizona roots (Naffah is a Chicago transplant). Creating their own label called Emma Java, they also became a truly independent entity, winning over audiences one by one from live performances across the country, with virtually no radio support.
“[We get to] make some connection with the fans through music. It’s humbling,” Clyne says. “We love what we do. As long as they keep coming out, we can keep getting on the tour bus.”
A few years ago, however, Clyne began to question his road-warrior lifestyle. Occasionally waking up and not even knowing what town he was in (all Clyne knows during this interview is he is somewhere in Oklahoma, in between gigs in Houston and Iowa), he says he questioned what he was doing before realizing “this is a pretty good way to make a living — singing and meeting fans every night.
“Songwriting has become my life,” he continues. “It becomes more and more difficult, but it’s out of love. I love to create.”
The singer adds that the process has changed since Fizzy came out in 1996.
“I can hear the mistakes we made on that album,” he says wistfully, “but it would be hard to make those mistakes again. I used to write about love with a small ‘L,’ now it’s a capital ‘L.’”
One of those loves — and songwriting inspirations — appears in the form of tequila. The spirit became so prevalent in Clyne’s writing (and the band’s live shows) that manufacturers began to take note.
“We had been singing and writing about tequila for a long time,” Clyne says. “We had been approached by many a tequila company to endorse their product, but finally decided to make our own.”
The resulting liquor, Roger Clyne’s Mexican Moonshine, is available at hitimewine.net and has won multiple awards. Clyne says the group has tried to sell the tequila while on the road, but differing state alcohol laws have made that difficult.
“I always keep a personal stash on the bus,” he says. “But it never lasts very long.”
Despite a twenty-plus year career as a songwriter and an award-winning line of tequila, Clyne’s greatest contribution to the national zeitgeist is still unknown to many: An instrumental he wrote was chosen as the theme song to Mike Judge’s animated TV show King of the Hill.
“[There are] definitely more fans of the theme than there are of the band,” Clyne says before recounting an experience with one such fan in Austin, Texas, a few years ago.
“I was at this guitar shop and I was either trying out a new guitar or an amp,” he says. “I started playing [the King of the Hill theme] and this kid — well, anyone under thirty is a kid — came over and said, ‘That’s a cool theme.’ I said, ‘Thanks, you know, I wrote it.’ And he just said, ‘Yeah, right.’ Just walked away all dismissively and said, ‘Yeah, right.’”
Roger Clyne and the Peacemakers
8 p.m. Friday, November 20. Blueberry Hill, 6504 Delmar Boulevard, University City. $18. 314-727-4444.
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P.I.F.
Profil P.I.F. dan artis favorit lain hanya di Lirikbagus.id.
The right tag is P.I.F.
Bulgarian pop-rock band, established in 1992 in the town of Varna(BG) under the name "Resemblance". Then they recorded over 40 tracks in English.
In 2000 they went to the capital Sofia(BG) and recorded more tracks, but this time in Bulgarian. The same year they put out their debut self-titled album. They won an award for "Album of the year". In 2001 they finished their second album "Pictures In Frames". Unfortunately in 2005 three of the members of the band left for personal reasons and creative differences.
The latest album of the P.I.F. "Passion in Fact" can be downloaded for free from their official webpage at www.pifbg.com.
Video Musik Кой си ти? - P.I.F.
Koleksi Lirik Lagu P.I.F.
Кой си ти?
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Commercial Court gives judgment in US$850 million Russian Banking Fraud Dispute.
On 23 January, Mr Justice Bryan handed down judgment in National Bank Trust v Yurov & others [2020] EWHC 100 (Comm) following a nine-week trial in October/November 2018. The case had previously featured as one of The Lawyer magazine’s Top 20 Cases of the Year and was one of the most substantial Commercial Court trials to take place in 2018.
The Bank brought claims against its former majority shareholders and board directors for breach of their directors’ duties, claiming damages in excess of US$850 million, for a series of loans entered into by the Bank, which were claimed to be related-party transactions.
The Court considered many disputed points of Russian law, including the ability of an employer to bring civil proceedings against employed directors, along with principles relating to limitation of liability and time-bar (see paragraphs 929-1363 of the judgment).
The Court also considered complex forensic accounting evidence, tracing thousands of transactions through hundreds of companies, many of them offshore, over a ten-year period.
Alexander Halban, led by Paul Stanley QC (Essex Court Chambers) and Tom Poole (3 Hare Court), appeared for the First and Fourth Defendants, instructed by Gresham Legal.
The Bank was represented by Nathan Pillow QC, David Davies and Anton Dudnikov (Essex Court Chambers), instructed by Steptoe & Johnson UK LLP. The Second and Fifth Defendants were represented by Tim Penny QC and Tara Taylor (Wilberforce Chambers), instructed by Fried Frank Harris Shriver and Jacobson LLP. The Third and Sixth Defendants were represented by James Willan (Essex Court Chambers), instructed by Byrne & Partners.
The full judgment is available here.
Alexander Halban
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