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Stocks Break 15,000 For First Time After Hiring Climbs
U.S. Employers Add 165,000 Jobs In April May 3, 2013 at 5:20 pm
Filed Under:Alexis Christoforous, Dow Jones, S&P 500, Standard and Poor, Wall Street
NEW YORK (CBSNewYork/AP) — A big gain in the job market lifted the stock market to a record high.
The Dow Jones industrial average crossed 15,000 for the first time, and the Standard and Poor’s 500 index, a broader market measure, rose above 1,600.
EXTRA: More From CBS Money Watch
The government said U.S. employers added 165,000 jobs in April, more than economists were expecting. It also said more jobs were created in February and March than it had estimated earlier.
“We’ve all come to the conclusion that we are moving forward but slowly and slowly doesn’t seem to be too much of a concern anymore as long as we’re going in the right direction,” said New York Stock Exchange trader Doreen Mogavero.
The unemployment rate also fell to 7.5 percent, the lowest in four years, from 7.6 percent the month before.
A series of weak manufacturing reports, disappointing retail sales in March, signs of an economic slowdown in China and mixed earnings reports for the first quarter have rattled the market in recent weeks. Friday’s jobs numbers are reassuring investors.
The S&P 500 is up 13 percent from the start of the year. The Dow is up 14 percent.
When the jobs numbers were announced at 8:30 a.m., gold dropped, oil rose and the dollar strengthened against the yen.
The yield on the benchmark 10-year Treasury note rose sharply as traders moved money out of bonds and into riskier assets like stocks. The yield rose to 1.72 percent from 1.63 percent the day before, its lowest level of the year.
The Nasdaq composite rose 47 points, or 1.4 percent, to 3,387.
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Bronx Family Forced Out Of Their Apartment After Leak, Partial Ceiling Collapse
Filed Under:Bronx, Local TV, New York, Reena Roy
NEW YORK (CBSNewYork) — A family was forced out of their home in the Bronx after a leak in their ceiling lead to their apartment flooding, and part of their ceiling falling down.
Making matters worse, they say their landlord isn’t doing anything about it.
Pieces of the ceiling cover Crystal Marshall’s apartment after she says it fell shortly after 3 a.m. Saturday.
“I got up and my whole entire ceiling was leaking,” she said. “Then the bathroom started leaking and the hallway started leaking and it was just flooded in here and then the next thing you know an hour later the ceiling fell on my bed.”
Crystal, who is disabled, says she called 911 and the FDNY responded.
“They came, they shut the power down, they tried to get access to the apartment upstairs, no access,” she said. “Now I’m in here with no lights, no running water, and nowhere to sleep.”
She, her son who’s also disabled, and her husband are now without a home. The building’s superintendent told CBS2 he tried to get access to the apartment upstairs but there are two large dogs, and nobody is home. Aside from that, he also said he wasn’t able to get in touch with the landlord.
Both he and Crystal say the landlord is someone who goes by the name of “Joseph” at M&F Management on Lee Avenue in Brooklyn.
When CBS2’s Lisa Rozner tried calling him, he asked what she wanted. When she told him about Crystal’s situation, he requested she call back on Sunday and hung up.
Already in 2019, the city’s Department of Housing Preservation and Development has 15 open violations on Crystal’s building. One of them was issued just a few days ago for not fixing a water leak.
Crystal says it’s “ridiculous.”
“I’ve sent emails, I’ve sent pictures, I’ve sent 311 complaints and he’s done nothing,” she said. “This is the repercussions.”
The American Red Cross says since the city hasn’t issued a vacate order, it can’t help Crystal’s family with a place to stay. CBS2 has contacted the city’s housing agency as well as the Department of Buildings, both of whom said they’ll send inspectors to Crystal’s apartment on Sunday to investigate the matter.
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Blockchain company ConsenSys launches $50m venture capital arm to tackle global challenges
Brooklyn-based ConsenSys, the iconic Ethereum design studio, is launching a $50m (£38.3m) venture capital arm, ConsenSys Ventures, and has hired Kavita Gupta to serve as the new enterprise’s founding managing partner.
ConsenSys is the brainchild of its founder, Joseph Lubin, who also was a co-founder of Ethereum, a blockchain technology. ConsenSys develops applications and tools based on Ethereum and is a founding member of the Enterprise Ethereum Alliance.
ConsenSys selected Gupta due to her broad and pioneering background. Growing up in India, she saw first-hand the power of technology to transform a society for the better. That led her to a deep and varied career, spanning McKinsey, the World Bank, the International Finance Corporation (IFC), and, most recently, the family foundation of Eric Schmidt, who serves as executive chairman of Google’s parent company Alphabet. An alum of MIT and the Media Lab, Gupta created the first “green bond” at the World Bank and was awarded the UN Social Finance Innovator Award of the Year.
Photo courtesy of Andrew Magill.
Source: International Business Times (link opens in a new window)
bitcoin, blockchain, venture capital
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The Private Sector Can Get Water Flowing to the Poor
Private Sector Can Get Water Flowing to the Poor
Worldwide, 1.1bn people, mainly in poor countries, do not have access to clean, safe water. The shortage of water helps to perpetuate poverty, disease and early death. However, there is no shortage of water, at least not globally. We use a mere 8 per cent of the water available for human consumption. Instead, bad policies are the main problem. Even Cherrapunji, India, the wettest place on earth, suffers from recurrent water shortages.
Ninety-seven per cent of all water distribution in poor countries is managed by the public sector, which is largely responsible for more than a billion people being without water. Some governments of impoverished nations have turned to business for help, usually with good results. In poor countries with private investments in the water sector, more people have access to water than in those without such investments. Moreover, there are many examples of local businesses improving water distribution. Superior competence, better incentives and better access to capital for investment have allowed private distributors to enhance both the quality of the water and the scope of its distribution. Millions of people who lacked water mains within reach are now getting clean and safe water delivered within a convenient distance.
The privatisation of water distribution has stirred up strong feelings and met with resistance. There have been violent protests and demonstrations against water privatisation all over the world. Western anti-business non-governmental organisations and public employee unions, sometimes together with local protesters, have formed anti-privatisation coalitions. However, the movement’s criticisms are off base.
The main argument of the anti-privatisation movement is that privatisation increases prices, making water unaffordable for millions of poor people. In some cases, it is true that prices have gone up after privatisation; in others not. But the price of water for those already connected to a mains network should not be the immediate concern. Instead, we should focus on those who lack access to mains water, usually the poorest in poor countries. It is primarily those people who die, suffer from disease and are trapped in poverty.
They usually purchase their lower-quality water from small-time vendors, paying on average 12 times more than for water from regular mains, and often more than that. When the price of water for those already connected goes up, the distributor gets both the resources to enlarge the network and the incentives to reach as many new customers as possible. When prices are too low to cover the costs of laying new pipes, each new customer entails a loss rather than a profit, which makes the distributor unwilling to extend the network. Therefore, even a doubling of the price of mains water could actually give poor people access to cheaper water than before.
There is another, less serious, argument put forward by the anti-privatisation movement. Since water is considered a human right and since we die if we do not drink, its distribution must be handled democratically; that is, remain in the hands of the government and not be handed over to private, profit-seeking interests. Here we must allow for a degree of pragmatism. Access to food is also a human right. People also die if they do not eat. And in countries where food is produced and distributed “democratically”, there tends to be neither food nor democracy. No one can seriously argue that all food should be produced and distributed by governments.
The resistance to giving enterprise and the market a larger scope in water distribution in poor countries has had the effect desired by the protesters. The pace of privatisation has slowed. It is therefore vital that we have a serious discussion based on facts and analysis, rather than on anecdotes and dogmas.
True, many privatisations have been troublesome. Proper supervision has been missing. Regulatory bodies charged with enforcing contracts have been non-existent, incompetent or too weak. Contracts have been badly designed and bidding processes sloppy. But these mistakes do not make strong arguments against privatisations as such, but against bad privatisations. Let us, therefore, have a discussion on how to make them work better, instead of rejecting the idea altogether. Greater scope for businesses and the market has already saved many lives in Chile and Argentina, in Cambodia and the Philippines, in Guinea and Gabon. There are millions more to be saved.
Source: Financial Times
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LOUISVILLE, Ky. – Headlining the NFCA’s First Pitch: Opening Welcome session at the 2019 Convention in Atlantic City, N.J. is certified...
LOUISVILLE, Ky. — Forty-eight student-athletes from 40 programs were selected to the 2019 NFCA High School All-America teams, announced the...
COLUMBUS, Ga. - In an ESPN-televised showdown, Team USA rallied from a one-run deficit in the bottom of the sixth to defeat Japan, 2-1, and capture...
LOUISVILLE, Ky. – The National Fastpitch Coaches Association revealed that 160 student-athletes, representing 99 programs, received 2019 NFCA...
Continuing its longstanding support of women’s softball, ESPN will televise five games across four days (July 4-7) from this year’s USA Softball...
National champions Oklahoma City named NFCA NAIA National Coaching Staff of the Year
Category: NAIA News
LOUISVILLE, Ky. – Oklahoma City University was named 2016 NFCA NAIA National Coaching Staff of the Year, announced the Association on Wednesday morning. The Stars, under the direction of NFCA Hall of Famer Phil McSpadden, won the 2016 NAIA national championship, the ninth in program history. McSpadden, along with assistant coaches- Bobbi Bridges, Guy Cook, Harold Copas and Scott Gallagher, were recognized for their accomplishments this season.
Oklahoma City, the No. 1 overall seed at the NAIA World Series, had an uphill battle to title. After falling to Saint Xavier in their second game of the tournament, the Stars won five consecutive elimination games, including a one-run win over two-time defending champs, Auburn-Montgomery, and two on the final day against Saint Xavier.
Under McSpadden’s guidance, OCU produced a 67-3 record and 27-1 mark in the Sooner Athletic Conference, which led to a league regular season title. The 67 victories rank second in the NAIA annals, only behind the Stars’ record 69 in 1999. They were the only program in 2016 to post 60-plus wins and finish the regular season with 50-plus.
McSpadden just completed his 29th season at the helm of OCU with 1,545 victories, the most amongst four-year college coaches. Along with the national honor, McSpadden and his staff were selected NFCA NAIA Southwest Regional Coaching Staff of the Year.
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Tag Archives: access
Efficient Urban Transportation in a Zip
February 24, 2017 by Sena Eicher
Living in a technologically advanced world has its advantages, like convenience and fiscal recompenses we never could have envisioned.
As a Los Angeles native who paid car insurance the price of a mortgage in some places, one new convenience I can appreciate is Zipcar.
The program has graced Omaha with its presence for seven years. Zipcar was founded in 2000 by Antje Danielson, current director of education at MIT Energy Initiative, and Robin Chase, co-founder of French chartering service Buzzcar. The pair created Zipcar to provide a more efficient, affordable method of driving in the city.
Zipcar P.R. manager Lindsay Wester, who is based in Boston, explains that Zipcar is as simple as join, reserve, and drive.
Business customers begin by signing up online, where they pay a one-time setup fee of $75 and annual membership dues of $35 for each driver. This membership covers fuel, insurance, mileage, parking, and maintenance. Individuals can pay a $25 one-time setup fee annual dues of $70, or a monthly fee of $7 plus the one-time setup fee.
The Omaha fleet includes two Honda Civics and a Ford Escape. The Hondas and the Ford cost $8.50 per hour Monday through Thursday, or $69 per day. The Friday through Sunday rate is $9.50 per hour, or $77 per day for the Hondas and $83 per day for the Escape. The other car available in Omaha is a Volkswagen Jetta, which costs $9 per hour or $69 daily at all times. The cars are parked on Creighton and UNMC’s campuses, downtown at 17th Street and Capitol Avenue, and at Mammel Hall near Aksarben Village.
Upon becoming a member, the company sends the user a Zipcard, which functions as an entry key. The ignition key stays inside the vehicle. Each user gets one card with their membership, which gives them access to Zipcar’s nationwide fleet. Upon reserving a car, the company digitally connects the Zipcard to the specific car reserved. The user gains access to the vehicle by holding the card to the card reader placed in the windshield. After scanning in with the Zipcard, a user’s smartphone can be a backup to the Zipcard for locking or unlocking the car doors throughout a reservation.
The company first brought their concept to Omaha in 2010, launching at Creighton University, followed by University of Nebraska in 2012, then the Medical Center in October 2015. In Omaha, the target market has been students, but Zipcars also are useful for travelers.
Melanie Stewart, sustainability manager at UNMC and Nebraska Medicine, is in charge of UNMC’s program.
“Last year we had a visiting professor come in, and they had a friend in Lincoln, so they used a Zipcar to visit their friend while in Omaha,” Stewart says.
The Zipcars are also used by visitors of patients who may need to purchase supplies or just take a break from being at the hospital.
Patrick Lin, a 21-year-old Omaha resident, says, “I used Zipcar roughly four to six hours every week during my sophomore year. I first heard about it from some friends in California because they couldn’t have cars during their first year at college.”
Lin enjoys the ability to use a car when needed without the expense of owning it. “Personally, it allows a lot more to get done compared to other services. The only restraint I have is that since there is a time limit, you must plan your activities accordingly. But the per-mile usage you can get when a trip is planned right is entirely worth the time constraints,” he says.
Wester says that Zipcar has remained successful and growing for more than a decade and a half. And as city dwellers become more disenchanted with the idea of owning cars, their success should continue to accelerate.
Visit zipcar.com for more information.
This article was printed in the Spring 2017 edition of B2B.
Posted in: Auto, B2B Magazine, Omaha Magazine
Topics: access, affordable, Aksarben Village, Antje Danielson, Buzzcar, car, card, chartering, co-founder, customers, drive, efficient, fee, Ford Escape, fuel, functions, Honda Civics, insurance, Jetta, join, Lindsay Wester, locking, maintenance, manager, membership, mileage, Omaha, online, parking, professor, program, purchase, reservation, reserve, Robin Chase, service, signing, smartphone, specific, supplies, unlocking, vehicle, Volkswagen, Zipcar, Zipcard
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OSTEOPATHIC SPORTS MEDICINE
Optimal holistic treatment for athletes
Dr. Adam Olarenshaw (Osteopath)
After graduating as a Doctor of Osteopathy from Victoria University in 2004, Adam spent the next three years fine tuning his skills in large multidisciplinary clinics throughout Melbourne and London treating clients from all walks of life, ranging from children to the elderly and social athletes to the elite.
In 2008 Adam was appointed as head Osteopath and Director of Sports Medicine for the Ladies European Golf Tour (LET). Adam spent the next four years working with the top female golfers across Europe in over 100 tournaments.
In 2012, Adam transitioned to the Ladies Professional Golf Association (LPGA) tour and this is when he launched his personalised player consultancy service, Osteopathic Sports Medicine (OSM). Since then Adam has worked with some of the best female golfers in the world, establishing OSM as one of the leading player services in the world.
Combing the unique combination of Osteopathy and Myotherapy, Adam is a specialist in treating musculoskeletal dysfunction and sports injuries. Adam has further training in NG360, TPI, clinical Pilates, advanced taping and dry needling techniques.
Adam currently consults and travels internationally on the Ladies Professional Golf Association (LPGA).
Other accomplishments:
Head Osteopath for the European team at the “Solheim Cup” for the past decade.
Head Osteopath for Golf Team China at the Rio Olympics.
Consultant to Golf Team China
Dr. Shane Campbell (Osteopath)
Shane completed his studies at Victoria University graduating with a Bachelor of Clinical Sciences (Osteopathy) and a Masters in Health Sciences (Osteopathy).
From a young age Shane had a strong passion for sport playing a high level of Football, Cricket and Field Hockey. Shane took a particular interest in field hockey where he represented his state at the national championships and going on to coach many junior teams including regional representative teams.
Shane has a rich history of golf within his family where his grandfather Colin Campbell was an early professional and at the forefront of mens professional golf in Australia, he went on to design many golf courses in Melbourne including; Keysborough and Cape Schank golf courses.
Shane has a particular interest in anatomy and the biomechanics of how the body moves. This led to further training in the field where he completed the NG360 course run by the Gray Institute and also the Level 1 TPI certification. Shane has also completed a dry needling course (Dry needling plus by Andrew Hutton).
Shane currently works on the LPGA golf tour with a group of players where he uses a range of osteopathic techniques and exercise rehabilitation to gain the best outcomes for his patients.
Dr. Colin Trigellis-Smith (Osteopath)
Colin graduated from Victoria University with a Bachelor of Health Science and a Masters of Clinical Science (Osteopathy). During his times of study Colin also participated in research, which allowed him to further his knowledge in Osteopathy.
Colin has a strong interest in sport, particularly baseball and Australian Rules football. Colin has played many years of baseball and football, and represented his state in baseball. While participating in football Colin also provided rehabilitation advice to injured players so they could return to the field quicker and reduce their risk of re-injury.
While Colin has been practicing he has completed a level one dry needling course (GEMt), press-needling course, and has also completed the TPI level 1 course. With these skills Colin is able to provide safe and effective treatment, using a wide range of techniques tailored to each individual, and also provide rehabilitation advice to achieve the best possible outcome for patients.
Colin is now currently working with a group of elite golfers on the LPGA tour, treating and providing rehabilitation advice so they can perform better on the course.
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EVENTS & ENTERTAINING
HOME EVENTS & ENTERTAINING
What Is Hug Day?
By: Jenn Greenleaf
Interesting Facts About Valentine's Day
Christian Valentine Ideas
African American Holidays & Traditions
What Is the Meaning of Valentine's Day?
Ideas for Competition Gifts
FotoSearch.com
To some, hugging seems like second nature. To others, though, they need some gentle coaxing before they'll give anyone a hug. Either way, hugging is a very positive action between two people and, because of that, it is no wonder National Hug Day was enacted.
National Hug Day was first celebrated Jan. 21, 1986. National Hug Day, which is meant to help people understand the benefits of hugging, is not only celebrated in the United States. The Rev. Kevin Zaborney of Michigan created the holiday. Other countries, such as Canada, Russia and China also "embrace" this yearly holiday. Events in schools, nursing homes, hospitals and libraries have been held yearly ever since this holiday was founded.
There are many ways to celebrate this holiday beyond giving your family members a hug in the morning before heading off to work or school. If you're a parent, you can create crafts with your kids focused on the holiday to bring to Senior Centers, to give to family members as gifts, or to share with their friends at school. You can also start your own specialized celebration groups through church, school, the library, or nursing homes.
Did you know hugging makes you smarter? Yes, it's true! Research has found that hugging stimulates brain cells. According to intelligence researcher Jay Gordon, M.D., co-author of "Brighter Baby," new studies show that children who get some SUSTAINED form of touching, such as a LONG HUG EVERYDAY, are SMARTER. "The more physical contact a little one gets, the more the brain cells are stimulated, creating stronger, faster brain synapses and boosting IQ." (This quote, along with other information, can be found on the Resource Link below). So, hugging is important beyond that of an emotional standpoint. Research has proven this.
National Hug Day is a means of expressing the importance of hugging throughout the year. Yes, you can give gifts (a hug makes a nice gift) and you can celebrate (create a hug chain) on the specific day. However, spreading this kind of celebration out on a daily basis is very positive and beneficial to everyone. Hugs have a way of communicating numerous emotions without the need to speak. For those who have difficulty expressing themselves verbally, a hug might be exactly what they need.
Items, such as the Limited Edition 2008 pin from Disney, are available to purchase in order to celebrate National Hug Day. (See the Resource link below.) Other memorabilia from other retailers includes posters, T-shirts and hats. Because this holiday is one of those rare moments when a gift can be given and received simultaneously, it only seems fitting to commemorate it with items reminding us all of the importance of a hug.
National Hug Day: Official Website
National Hug Day 2008 Disney Pin
Jenn Greenleaf has been a writer for over a decade in print and on the Internet. Publications include "The Writer Magazine," "Spirit Magazine," "Do! Magazine" and "The Writer's Journal." She has written several books and is working on many more. Greenleaf is currently working toward her degree in legal studies through the University of Maryland University College's distance learning program.
Copyright © 2019 Leaf Group Ltd., all rights reserved. // Leaf Group Lifestyle
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nudisc
A music blog. rock. punk. garage. power pop. vinyl. cd. dvd. bluray. books.
By Marsh Gooch Audiophile, colored vinyl, reissue, vinyl
MC5 • The Motor City Five [LP]
It’s oh so tempting to start this review with:
“Right now, right now it’s time to… KICK OUT THE JAMS MOTHERFUCKERS!”
But that would be such a cliché. Everyone knows that that’s how they introduce the song “Kick Out the Jams” on the MC5’s debut album, Kick Out the Jams. Have I said “kick out the jams” enough times so far? Well, lucky for you, this album I’m reviewing here is called The Motor City Five, and therefore I won’t need to say “kick out the jams” again for another few paragraphs, I reckon.
This album is one of the first releases on a new label called Run Out Groove, a semi-crowdsourced label that ostensibly lets the consumer pick what they’re going to put out (via voting on their web site), then does a small, “craft” pressing of the winner, limited to however many copies they get pre-orders for. This release, ROGV-003, is limited to 2,668 copies, which can be bought via the above web site (though this one’s already sold out there), online or in-store. I missed out on ordering this one but found one at a local Seattle area plattery. Mine’s number #0989 for those keeping score at home. It’s pressed on high-quality 180-gram audiophile vinyl (clear with subtle red and blue swirls in it) and housed in a heavy duty Stoughton tip-on album cover – this one’s got that reflective silver foil material that’s so cool. (You can see a vague rendition of me hovering above the MC5 in these photos.) Each Run Out Groove release will be a limited edition, and though some will be reissues of existing albums (releases that only came out on CD, for instance), The Motor City Five is a compilation of tracks the MC5 recorded throughout their original run in the late ’60s/early ’70s. Let’s get into more about this specific release, alrighty?
Kind of a shorter version of the CD compilation The Big Bang! Best of the MC5 (from 2000), The Motor City Five is a 12-track, 50 minute compilation with a couple of raw, pre-Elektra singles and then a selection of cuts from their three original albums from 1969 to 1971. Of course you get (you knew it wouldn’t last!) “Kick Out the Jams,” “Ramblin’ Rose” and “Rocket Reducer No. 62 (Rama Lama Fa Fa Fa),” plus later cuts like “High School” and “The American Ruse.” It’s a killer collection and a superb way to get into the MC5. Their hard rockin’, garage-y psychedelic goodness spawned many a great rock, punk and/or metal band (Stooges, The Dogs) – if you’ve wondered if all of those genres could co-exist in one band then here’s the proof. Few bands can or will ever stand up next to the MC5 in terms of sheer strength and energy. I never got to see them live but I can assure you that if the live cuts here – from their first album* – are any indicator, holy shit! I’m sure my whole life would’ve changed.
Overall this is an amazing account of one of America’s most kick-ass rock bands and a great start for a new record label (though it is an offshoot of Rhino). Yes, I found a couple of nits to pick – the notes on the insert refer to Detroit’s venerable Grande Ballroom as the “Grand Ballroom,” which wouldn’t really matter except that “Grande” is pronounce “grandie” by the locals – but they’re tiny little nits! Besides, you knew that I would find something to knock. It’s my job! That being said, I hope the quality of Run Out Groove’s future releases stays at this level. If it does and you buy ’em then you’ll be adding some seriously great records to your rack.
5/5 (Run Out Groove ROGV-003, 2017)
(* Their first album was recorded live and is called, ahem, Kick Out the Jams!)
Tagged MC5
Katrina and the Waves • Katrina and the Waves [An Appreciation] [LP]
Ernie Kovacs • The Ernie Kovacs Album (Centennial Edition) [CD, DD]
Chip & Tony Kinman • Sounds Like Music [CD, DD]
R.E.M. • In Time: The Best of R.E.M. 1988-2003 [2LP]
The Beatles • “Paperback Writer” b/w “Rain” [7″]
Robin Lane & The… on Pearl Harbor and the Explosion…
Robyn Hitchcock • “S… on Robyn Hitchcock • Robyn Hitchc…
Big Star • Live on W… on Chris Bell • I Am the Cosmos […
Neil Young • Songs f… on Neil Young • Roxy – Toni…
Marsh Gooch on Various Artists • 3X4 [2LP,…
12" single
colored vinyl
Skratchdisc
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Delhomme’s shrewd move
By Andrew Brandt
A final word about the Jake Delhomme contract with the Panthers and (lack of) offset, as there have been many questions and erroneous reports about the lasting value of his this contract (the gift that keeps on giving).
To extend or not
Delhomme extended his contract with the Panthers last April prior to its final year. He was going to make $6.325 million in 2009 and, as part of his extension, that number did not change. The $12.675 million in remaining guarantee on the extension certainly had to be protected – and was – by Delhomme’s agents, since otherwise there would be no reason for the player to extend his contract as 2009 was unchanged. The Panthers were also cap-strapped due to the unwieldy number on Julius Peppers and other past decisions.
We can all debate the value of Delhomme as a player, whether back in April or now, but once the decision was made to extend his contract by the Panthers, there had to be sufficient consideration from the team for the player to make the deal. Otherwise he could play out the deal and become the top quarterback in the unrestricted free agent market in 2010. An offset of future guaranteed money would have devalued the extension signed by Delhomme significantly.
Offset requires language
As for an offset clause and its inclusion or omission in contracts: It needs to be written in. NFL contracts do not have automatic offset language; it would need to be detailed in the contract. For instance, as described here last week, Michael Vick’s $1M of guaranteed salary in 2010 has an offset clause, meaning if he’s released by the Eagles and signs elsewhere, the Eagles will get relief.
Delhomme’s contract in Carolina did not have offset language. Furthermore, it has language about how the guarantee is paid out were he to be released: The 2010 guarantee is paid through the upcoming season and the rest of the money is due March 1, 2011, at a present value rate according to the one-year Treasury Note rate published in the Wall Street Journal on Feb. 1, 2011.
More shrewd moves by Delhomme
Delhomme’s value on the field can be debated, but he is certainly a savvy businessman. While the Browns were enamored with him as a potential starter, he captivated the staff during his visit with his Bayou charm and personality (I know, he did the same in Green Bay years ago when he made a visit as a restricted free agent). Setting that tone for the negotiation, he then resisted their overtures to sign a deal before he left the building.
Instead, Delhomme gave the Browns the perception that he was going to take more trips, including one to his former team and hometown Saints, who had a mutual attraction but not the financial level of the Browns.
Although he was obviously not going to compete for the starting job in New Orleans, Delhomme was able to create the perception that he would strongly consider an offer there. The Browns could have called the bluff but did not and paid him $7M for 2010, a number confirmed by both sides of the negotiation and that insures his position as their starting quarterback – or at least it should.
Contract breakdown
$1.5M signing bonus
$4.545 roster bonus on 3/20
$855,000 salary
$100,000 workout bonus
Was a trip to the Saints a realistic option? I think we know the answer to that. However, with the prospect of that visit, the Browns raised their offer, and Delhomme agreed to sign and not travel to New Orleans.
Well-played by Delhomme, who will make close to $20M in the next 12 months, almost the same as his former teammate and free agent prize of the 2010 class, Julius Peppers.
It’s good to be the recently terminated (his contract, not him) Jake Delhomme in 2010.
Follow me on Twitter: adbrandt
Louisiana Tech DL Vernon Butler visited Titans, Panthers, Lions, Buccaneers, Bills
Louisiana Tech defensive tackle Vernon Butler visited the Tennessee Titans, Carolina Panthers, Detroit Lions, Tampa Bay Buccaneers and Buffalo Bills to a league source.
Butler worked out for the Oakland Raiders, Carolina Panthers and Tennessee Titans and Houston Texans.
Butler is in Chicago for tonight's first round of the NFL draft.
Butler is 6-4, 323
Butler is in Chicago for tonight’s first round of the NFL draft.
Butler is 6-4, 323 pounds and runs the 40-yard dash in 5.15 seconds, bench pressing 225 pounds 26 times with a 33 1/2 inch vertical leap and a 9-3 broad jump.
Butler was an All-Conference USA selection who 50 tackles last season with 10 for losses, three sacks and eight quarterback hurries. He had 56 tackles, 13 1/2 for losses as a junior.
Butler excelled at the Senior Bowl all-star game.
Butler has scheme flexibility as a potential 4-3 or 3-4 fit.
Follow me on Twitter: @AaronWilson_NFL
Aaron Wilson covers the Texans for The Houston Chronicle.
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Empowering a Predator
First, a note about my presence -- or lack of presence -- here at the National Football Post in recent months..
As many of you know, I joined ESPN in February of 2011 to provide insight and perspective on their broadcast platforms. This year, my role with ESPN was expanded to include regular
First, a note about my presence — or lack of presence — here at the National Football Post in recent months..
As many of you know, I joined ESPN in February of 2011 to provide insight and perspective on their broadcast platforms. This year, my role with ESPN was expanded to include regular columns for espn.com. With this increasing digital role at ESPN, my NFP partners and I agreed that I will no longer be contributing regular columns here.
I am not leaving completely, however. As co-founder and continuing stakeholder in NFP, I will occasionally add columns such as the one below.
NFP's continuing mission is to provide experienced and differentiated perspective into football. I hope I have served our readers well with my insights. Continued thanks to all of you for your loyalty and support….
On to the column…
With Thursday’s issuance of the Freeh Report (Report) addressing Penn State’s reaction to the atrocious acts of former coach Jerry Sandusky, my blood boiled once again, as it did when the tragedy was first reported in November. My initial bewilderment as to the breadth and length of its existence was unfortunately cemented by “active concealment” of past and future crimes that, sadly, could have been prevented by those with the wherewithal to do so.
Here is a sampling of some of the conclusions from the Report:
“From 1998–2011, Penn State’s 'Tone at the Top' for transparency, compliance, police reporting and child protection was completely wrong.”
“There was callous and shocking disregard for child victims.”
“At the very least, Mr. Paterno could have alerted the staff to prevent Sandusky from bringing another child into the Lasch Building.”
“The rapes of these boys occurred in the Lasch Building.”
And, perhaps, the most damning sentence of all:
“Nothing was done and Sandusky was allowed to continue with impunity.”
The report outlines a culture that we suspected but wished were not the case; a culture with Joe Paterno lording over sycophant administrators, a culture with the university serving at the behest of the football program rather than vice versa.
Sandusky was brazen in his predatory behavior.
The fact that a predator such as Sandusky was allowed to bring young boys into the football facility after his crimes were known is not only beyond belief but heart-wrenching for the victims, especially ones brought into the lion’s den after his evil was already known.
Sandusky acted in ways that seemed to call out his evil as if to say, “Yes, I’m doing this. What are you going to do about it?”
As it turned out, Sandusky engaged in his deviant and criminal ways for one increasingly clear reason: because he could.
Ushering in a new era
Transgressions at places such as USC and Ohio State for agent contact and free tattoos now seem quite benign.
It is Penn State, with its pristine uniforms and previously clean reputation that had a predator acting with diplomatic immunity. At best, Penn State allowed Sandusky’s chilling behavior to exist without appropriate and necessary intervention. At worst, it enabled it. Future years of civil litigation against the university will determine where along the spectrum its actions lie.
Having been around the business of football for 25 years I understand the sway that money brings. The $72 million in gross revenue brought in by Penn State football bestowed great power and privilege to Paterno and the program.
And Paterno, to be fair, used his power to bring some good to Penn State, especially his donations towards academic departments of the university. However, based on the Report, he abused that power to allow horrific acts to take place on his watch.
One can only imagine the conversation that took place between Paterno and Sandusky about the latter’s actions, if such a conversation ever took place. Did Paterno and Sandusky feel they were so far above the reach of university governance that this was a “private matter” that didn’t need to be addressed further?
The enduring theme of the Report is this: While innocent children were being victimized, adults in charge were either afraid or unwilling to do the right thing.
No one stepped up
At some point in every person’s life, in his or her own way, he or she is faced with a situation where there is an opportunity to “step up” and make a difference. With Sandusky a known predator lurking in their midst, Paterno and the administrators could have made a monumental difference in the lives of innocent children needing their intervention and future victims to come. Simply, they failed.
Maybe the silver lining in this terrible tragedy is that although it took a pedophile to do it, the age of entitlement for Penn State football has ended. At the least — we hope — Penn State football will serve at the behest of the University’s greater good, rather than vice versa. That won’t help the victims, but it may change a culture that failed them.
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All Saints Day in Court
Today in New York -- in the midst of chilling and damning audio from Gregg Williams -- Commissioner Roger Goodell will hear appeals from head coach Sean Payton, general manager Mickey Loomis, assistant coach Joe Vitt, and the organization in general -- regarding the discipline levied due to the “bounty” system in place
Today in New York — in the midst of chilling and damning audio from Gregg Williams — Commissioner Roger Goodell will hear appeals from head coach Sean Payton, general manager Mickey Loomis, assistant coach Joe Vitt, and the organization in general — regarding the discipline levied due to the “bounty” system in place in 2009, 2010, and 2011. As per the NFL Collective Bargaining Agreement (CBA) and Bylaws, the appeals are heard by the same office that originally levied the discipline, that of the Commissioner.
Why appeal?
Goodell handed out the penalties — which include a yearlong suspension to Payton, an eight game suspension to Loomis, and a six game suspension to Vitt — after a comprehensive and lengthy investigation by NFL Security. Among those questioned and allowed to explain their side of the story during the inquiry were, of course, Payton, Loomis, and Vitt. Therefore, an appeal appears futile, especially with the release of this explosive evidence today from Yahoo's Mike Silver.
However, for the simple price of asking, Payton and Loomis can have their “day in court” to challenge the harshness of the penalties. It certainly doesn’t hurt to ask.
Delay allows Parcells to further explore returning to coach Saints.
Certainly, there are strategic reasons for the appeal. Payton wants to savor every minute he can before being banned from the Saints’ facility. Payton and Loomis can also map out their calendar with existing staff to better prepare the organization for their absence. And, of course, Payton can continue to explore his replacement, including the possibility of Bill Parcells serving in his stead.
The slight delay can also give guidance to Payton on what he can and cannot do over the coming months, although this seems clumsy to me. I find it to be a bit flimsy. After an exhaustive inquiry, a prelude announcement to sanctions a month ago, and the announced sanctions two weeks ago, Payton does not know what restrictions are placed upon him? Seriously?
The real reason for the appeal is for the representatives of the Saints, Payton, Loomis, and Joe Vitt to try to put the punishment in some kind of context. They will not challenge the fact they were wrong; they will challenge the severity of the discipline imposed.
Lawyers will likely be representing all parties. And lawyers love precedent. They will try to look to any similar situations in the past — “Spygate” among them — that Goodell or those before him have ruled on. They will try to compare situations and argue that the discipline is disproportionate to the misconduct involved.
The problem for the appealing parties is that precedent may simply not matter here.
A hallmark of Commissioner Goodell’s tenure has been the Personal Conduct Policy and having full authority to rule on player conduct and any appeals (a power unchanged in the new CBA despite carping from the NFLPA).
The most well known case of this involved star quarterback Ben Roethlisberger for conduct that, while vile, did not result in criminal charges after a lengthy investigation. Nevertheless, Goodell suspended Roethlisberger for six games — later reduced to four — in the name of protecting the brand and the image of the NFL and its players.
Did Roethlisberger’s punishment fit the misconduct based on precedent? Probably not. Would a lesser known player have had the same discipline? Probably not.
Now the Saints have erred in the face of another primary initiative of Goodell: the health and safety of NFL players. As negligence lawsuits regarding concussions mount, the issue of intentional injury flies in the face of the NFL's priority on health and safety.
The behavior of the Saints’ employees was wrong and, perhaps more importantly, at the wrong time. Does their punishment fit their misconduct based on precedent, even what little there is? Probably not. However, to Goodell, there are issues bigger than this case here.
Cap Control
At the NFL meetings this week my sense is things were a bit, uh, awkward. Earlier docked $36 million and $10 million, respectively, for Cap “abuse”” during the uncapped year of 2010, the Redskins' Dan Snyder and the Cowboys' Jerry Jones -- faced with a 29-0 vote from ownership approving the sanctions against them
At the NFL meetings this week my sense is things were a bit, uh, awkward. Earlier docked $36 million and $10 million, respectively, for Cap “abuse”” during the uncapped year of 2010, the Redskins' Dan Snyder and the Cowboys' Jerry Jones — faced with a 29-0 vote from ownership approving the sanctions against them — raised the stakes, filing a grievance against the NFL challenging the imposition of such penalties.
Beyond vague comments from Giants owner John Mara about the teams “violating the spirit of the uncapped year”, the league has been mum on details. Here is the best I can surmise as to what is behind this dispute.
As NFL teams entered the uncapped year of 2010, many wondered if teams such as the Redskins and Cowboys would be “Steinbrenneresque” in their spending with none of the previous limits that the Cap had imposed in previous years.
As it turned out, the Cowboys and Redskins did not engage in disproportionate cash spending. However, they did engage in disproportionate Cap spending. To the league, therein lies the problem.
The Miles Austin contract caught the attention of the NFL.
Notorious for writing large signing bonuses to push out proration into future years and keep the first-year Cap number as low as possible, the Cowboys went the other way with Miles Austin. They loaded all $17 million of what would have ordinarily been a “bonus” into salary, thereby containing the Cap hit in 2010 alone.
Interestingly, this is the kind of Cap management that I have lauded, one being used in Tampa with their recent deals for Vincent Jackson and Carl Nicks. This structure, however, was completely out of character for the Cowboys, and has been out of character since.
The Redskins, in contrast, did not front load new contracts in 2010, as the Austin deal described above. Rather, they restructured existing contracts, negotiated in 2009, to bring forward future proration amounts from the “out” years into 2010. Restructured contracts for DeAngelo Hall and Albert Haynesworth alone accelerated $15 and $21 million of future Cap into the uncapped year. That $36 million just so happens to be the amount the Redskins have been docked.
At the time, I noted how two teams that traditionally have pushed their Cap problems into the future had become more prudent. As it turned out, they were ignoring warnings not to do so.
The warnings
I remember the NFL Management Council starting to advise clubs as far back as 2007 that, in the event of an uncapped year, they could not press “File Delete” in 2010.
These warnings continued with more urgency in 2009, that it would be “taking unfair advantage” of the uncapped year in gaining a competitive edge by Cap-dumping into a year without a Cap.
Let’s look at the arguments from each side.
The Cowboys and Redskins will argue that there were no written warnings against what they did.
The NFL will argue that there were repeated and strident verbal warnings as far back as three years prior to the uncapped year.
The Cowboys and Redskins will argue that the front loaded negotiations and Cap restructures were approved by the NFL — as all contracts must be — which represented a tacit approval of their structure.
The NFL will argue that it is irrelevant that the contracts were approved. There was no Salary Cap and thus no Salary Cap rules to manage.
The Cowboys and Redskins will argue that the league should look into teams like the Buccaneers and Chiefs, teams that underspent in 2010, and their competitive edge gained by under spending.
The NFL will argue that teams were not advised to spend or not to spend; only to not engage in accounting practices that took advantage of a unique year on the calendar.
The arbitration will be an intriguing study of the interplay, alliances and coalitions among NFL owners and the league office.
Whither the NFLPA?
Interestingly, the penalties to the Cowboys and Redskins were part of a joint agreement between the NFL and the NFLPA. The union’s primary concerns were to ensure (1) no reduction in Cap room league-wide, and (2) the team Cap number would exceed– if only barely — the number from 2011 (it did, with a $120.6 million number compared to $120.375 in 2011).
The problem for the NFLPA is that, in their zeal to prop up the 2012 Cap number, the NFLPA have borrowed from the future. Thus, the Cap “spike” that some project in 2014 when the new television contracts activate may not materialize the way the union, players and agents are hoping.
Fun times this week in South Florida this week. The faces of Jones and Snyder were quite red, a skin tone from anger rather than the sun.
Follow me on Twitter at adbrandt.
Inside the NFL Meetings
The 2012 NFL annual meetings open today, a rite of spring in which NFL owners and team personnel end their winter hibernation and surface in a plush resort to discuss the issues of the day affecting the league and its teams.
Aside from a show of relative austerity last year during the
Aside from a show of relative austerity last year during the lockout – when the meetings were held in New Orleans — the meetings return to the idyllic Breakers resort in Palm Beach, Florida.
The itinerary takes a familiar pattern each year. Team personnel would arrive throughout the weekend, with an opening speaker on Sunday afternoon. I remember being especially intrigued by Eric Schmidt of Google one year, who gave a fascinating lecture. This year’s speaker was former President Bill Clinton.
Meeting rituals
The meetings open every year with a short film of the sights and sounds of the previous season, with the best that NFL Films has to offer. After the video, with everyone feeling the energy and passion of the season, Commissioner Roger Goodell welcomes the crowd and gives proper respect and mention to the two Super Bowl teams. He then moves on to address the state of the game and the challenges that lie ahead.
Goodell’s address is concise and purposeful. This year he will certainly speak to the security of labor peace yet the challenges ahead with increasing options for fans and viewers — a theme of this year’s meetings will certainly be the in-stadium presentation, with a priority for teams to improve the game day experience.
The gathering then splits with ownership and chief executives in one room and coaches and “working club executives,” as people like myself were identified, in another. The Competition Committee presents its report at different times to different audiences — honing its presentation before its owner presentation — on topics ranging from time of games, penalties, officiating points of emphasis, overtime rules, player safety, tampering rules and specific proposals for rule changes.
Proposals for rules changes – often prompted by an egregious call the previous season — will be offered to the group, explained by the owner or team official putting forth the proposed change, and at some point voted on. Those certain to pass will be submitted to vote; those fraught with controversy or extensive debate are usually “tabled” until a later meeting in May, if at all.
An interesting proposal this year will be the discussion of moving the trade deadline back from Week Six until Week Eight. It does not seem to be a bold proposal, but may add some “buzz” to the concept of trading that has been largely foreign to the NFL compared to other leagues.
ICONMike Brown can be a polarizing presence at the meetings.
Interesting interplay
There are always interesting encounters between owners at the meetings. Mike Brown of the Bengals will certainly make a point to draw the ire of large market owners. And we can expect the recent Cap reductions given to the Redskins and Cowboys to come up, perhaps with some red-faced intensity, by Dan Snyder and Jerry Jones, who have filed a grievance against challenging its ruling. Cocktail hour could be quite interesting tonight!
Also on Monday, teams are given a list of compensatory draft selections. The carping over compensatory picks is an annual rite of spring for team personnel.
It is also always interesting to see the annual picture of the head coaches assembled, with sometimes as many as a third of them new faces.
A few agents always attend. Drew Rosenhaus is a ubiquitous presence, notorious for parading both his players and having an attractive female companion with him to entice team executives to stop by. And some business is done with agents and negotiations. I spent many a breakfast or lunch visiting with agents at the meetings.
On Tuesday and Wednesday, coaches meet the media for breakfast, with coaches treating the mandatory sessions with everything from interest to indifference or impatience. Tuesday also features the coaches’ golf tournament, a time when owners have used their absence to pass rules changes.
The meetings wrap on Wednesday, with some voting on Competition Committee issues but little in the way of monumental decisions coming out of any meeting. Replay is usually extended with some possible modifications, and some officiating changes are made based on the hot-button issue from the prior season.
No conflict
I would be surprised if Goodell steps on some of the land mines in recent weeks — the Cap penalties to the Cowboys and Redskins and the harsh discipline invoked on the Saints. Although these are working meetings, this is a time for fellowship and a bit of relaxation among the membership; Goodell saves the hard conversations for private meetings away from the public view. Moreover, this is not a time to embarrass anyone, as there are short memories all around.
On Wednesday afternoon, the limos soon pull up and owners alert their private planes to fire up. The meetings have ended, recess is over, back to work.
Stinging the Saints
I have always found the more interesting part of the NFL to be when there are no games being played. The NFL offseason is, to me, the “in-season” and never lacking for story lines or drama. Yesterday were two vivid testaments of such intrigue, with ramifications for several teams heading into 2012. Let’s look
I have always found the more interesting part of the NFL to be when there are no games being played. The NFL offseason is, to me, the “in-season” and never lacking for story lines or drama. Yesterday were two vivid testaments of such intrigue, with ramifications for several teams heading into 2012. Let’s look at each.
Unsaintly behavior
I certainly expected Commissioner Roger Goodell to levy the “Triple Cocktail of Discipline”: fines, suspensions, and the loss of draft picks. And all three were given, as per the NFL's statement, with the money quote from Goodell: “A combination of elements made this matter particularly unusual and egregious.” Yikes.
The damage: indefinite suspension for Gregg Williams, one-year suspension for Sean Payton, eight-game suspension for Mickey Loomis, six-game suspension for Joe Vitt, loss of consecutive second-round picks, and a team fine of $500,000. Steep? Of course, it was expected to be severe.
Two major tenets of the NFL were in play here. First, a bounty program strikes at the heart of competitive balance and competitive integrity of the league. Reports of “bounties” and “cart-offs” put a sinister image on a game that is being sold not only as family entertainment but as competitively honest. Simply, the entire credibility of the sport was at issue with these activities.
Second, with the issue of concussions, head trauma, lawsuits and mentally infirm players so much in the news, player safety has never been more of a priority. The NFL has instituted several measures to ensure a safer product and the new CBA allows for players to have less contact and padded practices, all in the name of player health and safety. A “bounty” program belies these efforts.
Like the 2010 Ben Roethlisberger punishment for off-field misbehavior – a six-game suspension for vile, though not criminal conduct – the league erred on the side of being too harsh rather than too light. Penalty with a purpose.
Tebow's 2011 salary advance has become much in issue.
Advance altercation
As the Saints news was resonating around the NFL – and it certainly did resonate – there was a reported trade of a player with some name recognition, Tim Tebow, from the now Peyton Manning-led Denver Broncos to the New York Jets. Soon after the report, however, there became a “not so fast” moment as a dispute developed over $5 million of the contract Tebow signed with the Broncos, a dispute that now appears resolved.
Tebow was drafted late in the first round of the 2010 draft, the final year of the “old system” of first-round picks. Under the terms of the previous CBA teams could “advance” (pay forward) future guaranteed portions of salary owed in later years. These advances, formerly “option bonuses”, were used to — in effect — create a “second Rookie Pool” for top picks to receive more than the Rookie Cap would allow.
The Broncos exercised their $6.27 million advance in March of 2011. And they had “paid forward” a remaining $5 million of Tebow's salaries due over the next three seasons, with the following breakdown:
• 2012: $1.425 million
• 2013: $1.69 million
With the purported trade, the Broncos expected repayment from the Jets for these advanced amounts to Tebow while the Jets resisted such payment as part of the trade, either due to a different interpretation of the contract or some other reasons. Regardless, it became a negotiation within a negotiation, settling with the Jets paying $2.53 million of the advance back to the Broncos over the next two seasons.
The Jets will pay the Broncos $1.5 million this year and $1.03 million next year, both paid throughout the regular season in weekly installments.
I have not seen the contract but in the vast majority of advances, an acquiring team in a trade has to pay the trading team back. This dispute, however, appears to be settled outside of the contract, as part of the trade. And despite what I sense was having the contract language on their side, the Broncos were motivated sellers of Tebow.
Finally — and thankfully — under the new CBA, such salary advances (except for that of first-year salary) are now prohibited.
The Tim Tebow spinoff from the Peyton Choice will continue in New York. Stay tuned.
Peyton picks his place
In the story of the 2012 offseason, the Peyton Predicament is coming to a conclusion. Manning has agreed to join the Denver Broncos, setting in motion movement to come for Tim Tebow. Here are ten thoughts on Peyton’s soft landing in Denver after his turbulent exit from Indianapolis:
1. It is not
1. It is not always the case, but in this situation, the first visit mattered. Just as it was telling when Mario Williams began free agency with a visit to Buffalo, there was a reason that Manning took his first trip to Denver. Of the dozen teams contacting Manning following his release from the Colts, he chose the Broncos as his first meeting. And they were also the last, watching him throw at Duke on Friday. First in, last out was telling in this case.
2. My sense is John Elway was a major factor for a couple of reasons. First, he may be the only team executive with the experience and gravitas that Manning can say “I want to hear what this guy has to tell me.” In other cases, Manning would have respect for his bosses, but not respect borne of someone who has been through similar experiences and more. I also think that a laid-back defensive coach in John Fox was a plus to Manning. Fox will not get in Manning's way.
Fox and Elway liked Tebow, but craved Manning.
3. As to Elway and Fox's comments about Tebow during his extraordinary run this year, what else could they say? They couldn't state “We are happy with Tim, unless someone like Peyton Manning comes along!” Not only was Tebow taking the country by storm but he was their quarterback for the foreseeable future. My sense is that Elway and Fox had to know there was a strong possibility that Manning would be released, as the contract was set up for his release with the Colts careening towards Andrew Luck.
4. As to Denver having an advantage over other teams with Cap room, that may have helped but I don’t think it was a major factor. Believe me: Cap room or not, the 49ers, Titans, and other teams would have done what was necessary to sign Manning.
5. Speaking of finances, I found it interesting that Peyton's decision was made in advance of instructing his agent Tom Condon to negotiate a contract. Of course, my sense is that the parameters of the deal — reportedly five years for $95 million — were in place from all finalist-teams prior to making a choice. Although detailed negotiations did not commence, these teams were “pre-qualified” to be finalists.
6. The contract price would not have been a surprise to anyone here. As I noted here, this was never going to be an “incentive-laden contract.” It will be interesting to see the structure of the deal in terms of risk allocation: How are the Broncos protected if Peyton is compromised and cannot play? How much is completely guaranteed? How much in the early years of the deal? And how much upside potential is there if he becomes the Peyton Manning of old?
7. Athletes are known to say that “It's not about the money,” which usually means “It's all about the money”. Here, however, it truly may not be about the money. Manning had several teams prepared to make a serious contract offer, four neck surgeries and all. Indeed, Titans' owner Bud Adams said he was willing to “do what it takes” to sign Manning, words that surely made the Titans front office quiver. In the end, however, Manning did not leverage that statement to get a mega-contract from the Titans.
8. Interestingly, the person negotiating the contract for the Broncos is Mike Sullivan, the former agent at Octagon who certainly knows what players look for in contracts. Mike and I negotiated Aaron Rodgers' first contract together, and I am proud he is following in my footsteps from the agent to the team side.
9. As I have said before, the impact of Luck cannot be overestimated. If the Colts did not have a grooved path to Luck, they would have had to pay Manning his $28 million option bonus and he would have been their quarterback. Can you imagine the Colts with, say, the 3rd pick in the Draft cutting Peyton Manning to take an offensive lineman? No chance. Had the Colts won one more game, Manning would still be in Indianapolis and Tebow would be the Broncos quarterback for the foreseeable future.
10. Speaking of the Colts, it will soon sink in with their fans that they will get nothing in return for the loss of Peyton. No draft picks and no compensatory draft picks. They released Peyton Manning, entitling them to no compensation. That is sad for those fans.
The chase is over; the press conference is set. Colts out, Broncos in. The business of football continues.
Catching Contracts
As per the annual ritual of the opening bell of free agency, the “chosen few” players were beneficiaries of the unrestricted free agency system brought into the NFL in 1993. Teams desiring to make purchases on the opening day of the buying season have to pay retail prices; they know that going in.
First, a couple of mantras from my years of watching free agency (and hoping in Green Bay that we would avoid the “stupid money” payouts of the first few days shopping sprees):
Some of the best deals made are the ones not made
Never let impulse or emotion override rational decision making, and
Teams that “win” March rarely play in January
Free agency moved at warp speed for one position group. A talented group of wide receivers made their presence felt throughout the league with a trade and some marquee signings designed to upgrade sluggish offenses. Let’s look at some of the new wide receiver riches…
This deal is so big it will receive a column to itself, but here are a couple instant thoughts.
NFL owners were adamant about changing the rookie pay at the top of the Draft for reasons beyond the oversized guarantees. The real issue was that these contracts have what I call “exploding escalators” in the latter years of the deal, resulting in onerous and unworkable numbers for the team. This happened with Johnson, as it did with Larry Fitzgerald when he secured his first of two record-breaking contracts.
The Lions had the least leverage of any team dealing with an existing player. They could not field a competitive roster with Johnson's enormous Cap and cash numbers in this year and next. They were stuck, and Johnson was the beneficiary.
The other takeaway from the Johnson deal is that he and Fitzgerald have zoomed past the established receiver market to set a market of their own. This deal will now affect positions beyond wide receiver and it may have an interesting effect on the stagnant negotiations between the Saints and Drew Brees.
ICONMarshall brings great talent but some baggage.
Brandon Marshall
Marshall, traded to the Bears for two third-round picks, is a talent; I remember watching him run through our defense when I was with the Packers. However, he has had some brushes with the law, including as late as this week. I am sure that Lovie Smith and his staff think they can “handle him,” but that may be a wish and not a plan. The test will come if and when things go south, and they will. All eyes will be on Marshall in how he handles adversity.
The Bears will inherit the remaining three years of Marshall’s five-year deal, with salaries of $9.3 million this year and $9.1 million in 2013 and 2014.
After a disenchanted 2011 season followed by the Franchise Tag (“Tag”) Jackson is now rewarded with a five-year deal. While it is certainly good news for Jackson to have signed a long-term deal, it appears to be a curious one.
Jackson was scheduled to make $9.5 million playing under the Tag in 2012. Jackson will now make — from bonuses and salary — $11 million in 2012, a relatively modest increase of $1.5 million. In 2013, Jackson will make $7 million in bonus and salaries, $4 million of which is fully guaranteed, the rest guaranteed only for injury (if he is unable to play in 2013 due to injury). And in 2014, Jackson will make $10.5 million, only $250,000 of which is guaranteed.
Certainly, $15 million is better than $9.5 million, but I would have expected a larger guaranteed amount for Jackson to give up four additional years beyond this Tag year. This deal feels light.
Marques Colston
Colston was the beneficiary of three factors: (1) the pending free agent deadline, using the leverage of the hours leading up to free agency to obtain the Saints’s best offer; (2) the cloud of the “bounty” scandal hanging over the Saints; and (3) unsuccessful negotiations with other Saints’ Pro Bowl players, Brees and Carl Nicks, now with Tampa Bay.
Thus, Colston secured a five-year deal with a total value of $40 million with $19 million guaranteed. That guarantee places him behind last year’s trendsetter in free agency, Santonio Holmes ($24 million), but ahead of guarantees for players such as Stevie Johnson ($18 million) and Roddy White ($18.6 million).
And for some more receiver signings…
Cap-less crackdown
The NFL’s stripping of Cap room from the Redskins and Cowboys – and, to a much lesser extent, the Saints and Raiders – is a striking punishment for actions that seemed innocent enough when they occurred during the 2010 uncapped season.
The following are excerpts from my column on September 24th, 2010. At
The following are excerpts from my column on September 24th, 2010. At that time lauded the Redskins and Cowboys for their treatment of monies paid then. As it turns out, those contracts, in the NFL’s words “created an unacceptable risk to future competitive balance.” Thus, $36 million and $10 million are being taken from the Redskins and Cowboys Caps, respectively, and placed into a pool to be shared by 28 other clubs (with the Saints and Raiders excluded for minor violations themselves.)
Now 18 months later, it is interesting to read my analysis – and praise – of what was done then, knowing what it has caused now. Here it is:
The two perennial NFL Cap spendthrifts – the Redskins and Cowboys – are being – gasp – fiscally prudent in this uncapped year. They are structuring their biggest contracts in a way that indicates that whenever a new collective bargaining agreement does get negotiated, the NFL will continue in a capped system that rewards sound and prudent Cap management.
Two teams, however, that were never known for conservative Cap management have been the Redskins and Cowboys. Now, however, in this unique year, their biggest deals are structured that way.
Haynesworth and Hall one-year impact
There is a technical rule of Cap management that if a team inserts a player voidable clause – allowing the player to end his contract early – then a signing bonus following the voidable clause will not prorate through the remainder of the contract. In other words, the Cap charge of the signing bonus will be contained in the year it is earned.
Albert Haynesworth – everyone’s favorite punching bag this year – had a $21 million bonus this year that was restructured in the manner described above to have the entire amount count in 2010 with no accounting in future years. DeAngelo Hall had a $15 million bonus restructured in the same manner. Both players had voidable clauses in their sole control, allowing them to cut short their contracts assuming they repaid their bonuses (which, of course, they would never do as that money has already been spent).
Thus, for Cap accounting, both amounts count solely in 2010 and are not prorated if and when the Cap returns in 2011 or beyond. That is $36 million of money hitting 2010, the year without a Cap, and no remaining Cap hits on that money in future years. And, perhaps best of all, the Redskins can now dump Haynesworth without Cap consequence next season, a move I fully expect them to make.
ICONAustin's contract is highly scrutinized.
Austin all in
Similarly in Dallas, the Cowboys have structured their latest big receiver contract – following a couple disaster contracts for receivers Terrell Owens and Roy Williams – in a similar fashion.
As part of his new contract, Miles Austin will make $17 million in 2010 from the Cowboys. They have frontloaded the money from a cash and – acting as if there were one – Cap standpoint, limiting hits against future Caps.
Kudos to two teams protecting their Cap future that have not previously operated with such forethought. The uncapped year, of all things, has spurred the Cowboys and Redskins to operate more prudently in their Cap management. Who knew?
It's quite strange that these contracts are now being scrutinized, given that the NFL Management Council approves all NFL contracts. While the previous CBA made no explicit warning, oral warnings were issued to teams at the beginning of 2010 and also at NFL Owners Meetings throughout the year.
Every team in the NFL feels that the league office, at some level, favors other teams. In Green Bay, we certainly had that complex, as we felt to be ignored at times since we lacked a true owner. Today, there are probably several owners who feel that the Redskins and Cowboys now have to face the music after being allowed to skate on the edges of the rules for some time.
The timing of the league's announcement is strategic as well. Rather than mete out punishment at the start of the 2011 League Year – during the harried frenzy of finalizing the new CBA – the NFL waited until it secured NFLPA approval. This happened to coincide with the announcement of the 2012 Cap number and the eve of free agency.
The punishment to the Redskins and Cowboys is substantial. However, it will serve to foster a return to their modus operandi – ignoring future Cap issues by prorating over a number of years in order to spend freely in the present.
As to the way the previous column ended, that was eerie in itself. Who knew?
Jets’ Gesture
In the NFL, contracts are often not what they appear to be. This maxim was the case two years ago in the extension between the Redskins and Donovan McNabb and appears to be the case with the three-year extension signed Friday night between the Jets and quarterback Mark Sanchez. The signing put to rest
In the NFL, contracts are often not what they appear to be. This maxim was the case two years ago in the extension between the Redskins and Donovan McNabb and appears to be the case with the three-year extension signed Friday night between the Jets and quarterback Mark Sanchez. The signing put to rest the team’s pursuit of Peyton Manning; a pursuit I am told that was lukewarm at best.
Reports immediately surfaced that Sanchez had a guarantee level in his new contract of $20.5 million, and that the extension was worth a total value of $58. 25 million. Well, not exactly. While those numbers are technically acccurate, they are a bit of a stretch. Let's examine.
Sanchez's rookie contract had two years remaining.
Two existing years
Sanchez was the fifth pick in the 2009 NFL Draft, and rewarded with a substantial contract, this prior to the “correction” of top rookie contracts in the new CBA.
That rookie contract had two years remaining, now adjusted in the new extension. Let's look at those two years:
Sanchez was scheduled to make $11.75 million. Sanchez will now make…..$11.75 million.
Instead of earning the entire amount in salary, Sanchez will now receive an $8 million signing bonus and a $3.25 million guaranteed salary, along with an offseason workout bonus of $500,000.
The signing bonus, as per Cap treatement, is prorated over the five remaining years of the contract at $1.6 million per year, reducing the $11.75 million Cap number to $5.35 million, a savings of $6.4 million to the Jets’ Cap.
The Jets were not going to release Mark Sanchez, making the guarantee a nice gesture, but one with little meaning. In other words, Sanchez makes no new money in 2012 than he was already scheduled to make.
Sanchez was scheduled to make a nonguaranteed $6 million. He will now make a guaranteed $8.25 million plus a $500,000 workout bonus for a total of $8.75 million – a $2.75 million increase.
This guarantee carries a bit more weight than the 2012 guarantee, although Sanchez would need a truly poor season for the Jets to shed him before next season. And there is no “offset” in the guarantee, meaning that if the Jets release Sanchez, they will owe him despite what he makes from another club. The Jets have made an $8.25 million bet that Sanchez will be their quarterback in 2013.
Thus, for 2012-2013, Sanchez will receive $20.5 million guaranteed compared to $17.75 million not guaranteed, a raise of $2.75 million. The guarantee this year has little to no value. As to next year, there is some value to it, although not great.
For adding the guarantees and $2.75 million to Sanchez’s compensation over the next two years, the Jets also are able to attach three nonguaranteed years to the contract, ensuring he will be a Jet – if they so desire – through 2016. The years are as follows:
Salary Roster Bonus Workout Bonus
2014 $9 million $2 million $500,000
2015 $12.5 million $1 million $500,000
2016 $10.75 million $1 million $500,000
The roster bonuses are due the 15th day of the League Year for each year, giving the Jets time to trade or release Sanchez for two weeks prior to the money becoming due.
The escalator
The escalator has been reported as a potential of $10 million. That is correct, although the Jets and Sanchez would have to win four Super Bowls for him to receive that.
The escalator adds $500,000 to Sanchez’s subsequent year salary if he reaches the Super Bowl in any year. This part of the escalator does not “stack” in future years, simply paid as an add-on to the subsequent year.
In the event Sanchez wins the Super Bowl in any year – while playing at least 60% of the offensive plays – it would add $1 million to all of the remaining years of the contract, a number that “stacks” to add a maximum of $10 million if Sanchez were to win the next four Super Bowls. Jets fans can only hope…
The Jets professed their “like” for Sanchez – this contract does not profess “love” – with limited risk to them.
To be fair, there is value to Sanchez in having 2013 guaranteed but, in my view, not enough to add three prime years of his career to the contract. Perhaps, after reports of the Jets’ toxic locker room and the passing flirtation with Manning, Sanchez felt that this kind of deal at this particular time was the right tonic entering the offseason.
With many things in life – especially NFL contracts – the truth is not always what it appears to be.
Peyton’s Next Place
First, a thought on how lucky – or technically, Lucky – Jim Irsay and the Colts are. Had the Colts not finished with the worst record in the NFL, giving them a grooved path to a replacement for Manning in Andrew Luck, how would they have been able to part from Peyton Manning? Despite
First, a thought on how lucky – or technically, Lucky – Jim Irsay and the Colts are. Had the Colts not finished with the worst record in the NFL, giving them a grooved path to a replacement for Manning in Andrew Luck, how would they have been able to part from Peyton Manning? Despite “circumstances”, “Cap problems” and Manning’s neck health, there would have been no way to justify moving on from Manning to take, say, a defensive lineman with the fifth pick in the Draft. Had the Colts won one more game they would, in my opinion, be exercising the $28 million option on Manning’s contract today.
But alas, time marches on; the speculation on Manning’s next address has been in full throat for months. Let’s examine.
ICONManning will have several suitors.
The next contract
As noted in this space often, contract negotiations are about options, as options create leverage. I sense Manning will have options. And he will have leverage.
Many have suggested that Manning’s next contract will be “incentive-laden”. Uh, no. “Incentive-laden” contracts are for players that have little to no leverage, usually having one option. Manning will have several.
This is not to say that there will not be incentives in Manning’s next contract. And those incentives will not count against the Cap, as Cap treatment of incentives relates to a player’s performance in the prior year, where Manning had no performance in 2011. However, the incentives will be layered over a serious contract, complete with heavy guarantees forged by the leverage of multiple bidders.
How much guaranteed? Hard to say, but it could potentially approach the $28 million that Manning was scheduled to receive if his contract was in place after today with the Colts.
Manning fits in the wheelhouse of two teams, both of which do not have strong emotional or financial commitments to a quarterback.
The Redskins and Dolphins both have ownership with a history of being enamored with name brands and willing to pay a premium for them. My sense is that they will be first in line at the door to sign Manning.
I also see the Seahawks as a realistic contender, replete with cash and only having limited ties to quarterbacks Tarvaris Jackson and Charlie Whitehurst. The issue there may be their potential pursuit of Matt Flynn, a favorite of general manager John Schneider from his time with the Packers. Flynn may also factor in discussions with the Dolphins.
Previously engaged
I believe that a team and its management have to stand for something. Otherwise, the organization moves with the wind with no real values in place. Therefore, I would not see Manning landing in places where the team has made commitments to quarterbacks in the past couple of years which say to them – emotionally and financially – “You’re our guy!”
To me, that rules out the Cardinals, who committed $60 million and $21 million guaranteed to Kevin Kolb. That rules out the Chiefs, who committed $63 million and $28 million guaranteed to Matt Cassel. That rules out the Texans, who committed $48 million and a $21 million guaranteed to Matt Schaub. And that rules out the Jets, who have committed $44 million and $28 million guaranteed to Mark Sanchez.
I know what you're saying: “But this is Peyton Manning! He's better than those guys!” And some of those organizations may be thinking the same thing. But personally, I just don’t think that style works. Not only is it telling your quarterback that he is expendable, it is telling every player in the locker room the same thing. Again, organizations have to stand for something, even at the expense of resisting temptation on Peyton Manning.
Truly free
Regardless, Manning becomes available in the marketplace. That, in itself, is an extraordinary statement. Players of his pedigree at the quarterback position simply do not become available in the NFL…ever. We’ve seen bounties paid – perhaps a poor choice of words – for the right to acquire quarterbacks such as Carson Palmer and Jay Cutler due to low supply and high demand. And that demand will be sky high for the NFL’s newest free agent, Peyton Manning, neck surgeries and all.
Let the bidding begin.
Here is the Peyton Predicament part one, two, three and four.
We knew this was coming. The Colts will part ways with the face of their franchise for the last fourteen years, their iconic star Peyton Manning. Although there were some with wishful thinking that this marriage would continue,
We knew this was coming. The Colts will part ways with the face of their franchise for the last fourteen years, their iconic star Peyton Manning. Although there were some with wishful thinking that this marriage would continue, there were no tangible signs that it would.
Circumstances created the perfect storm for the release of Manning. They were: (1) the extraordinary financial commitment required to keep him, $35.4 million in this year alone; (2) multiple neck surgeries that put Manning's future level of performance in questions, and (3) a ready-made replacement in Andrew Luck, available to the Colts with the top pick in the Draft for a fraction of the price of Manning.
The contract, of course, also created the problem. Manning and agent Tom Condon leveraged a decision date from the Colts of this week that would force them to retain him or release him to the free agent market after paying him $26.4 million last season. As to Manning moving the option date backwards, that was never going to happen. He had no reason to do that.
The signs were all there. Irsay had cleaned house with a new coach and general manager, both of whom uncomfortably avoiding the topic of Manning at all costs. For them, this date couldn't get here soon enough.
In Green Bay in 2008, my sense was the decision was more about Aaron Rodgers than Brett Favre. And in Philadelphia in 2010, the decision was more about Kevin Kolb than Donovan McNabb. At some point the replacement is ready and it is time to move to the future. In Indianapolis, no one knows if Luck is ready but the feeling is that the gain that the organization receives by him waiting does not justify the cost.
In the end, Irsay's decision to part with Manning is an understandable business decision, ruling from his head rather than his heart. Organizations must evolve. Leaders must respect the past, but not be controlled by it.
Irsay just needed to communicate that to Manning in a professional and respectful way. We trust that he did.
Even for the best of the best players and the longest tenured stars aligned with one team, it rarely ends well. The business of football always wins.
Flynnsanity
The Packers’ decision today regarding whether to place the Franchise Tag (Tag) on quarterback Matt Flynn has several layers to peel back in weighing the choice. It is not as simple as “Tag and trade him!”
Freeing Flynn
Flynn signed a four-year rookie contract in 2008 that is now expiring. Thus, the
Flynn signed a four-year rookie contract in 2008 that is now expiring. Thus, the only way for the Packers to retain him would be to extend his contract – doubtful with other teams looking at him as a starting quarterback – or tag him.
Of course, the Packers would be tagging Flynn with no intention of actually keeping him on their roster. Rather, the Tag would be a placeholder until trading Flynn for value back to the Packers.
Tougher Tag
When the Tag was introduced into the NFL it was designed to keep each team’s, well, “Franchise” player from entering the market: players such as John Elway, Troy Aikman, Brett Favre, Steve Young, etc.
That was then; this is now. The Tag has now become far more potent; it has become a tool to keep the team’s best free agent in a particular year. And the new ten-year CBA served to further enhance the Tag, lowering its amounts to give teams further advantage in tagging and in negotiations.
The Tag and trade of Matt Cassel to KC had different circumstances.
Tag and trade?
The Tag’s reach also continues to expand. Since the language of the Tag does not address intent, teams are using it beyond the original meaning of the Tag. I was once told the spirit of the Tag was that there had to be “intent to sign”, clearly not the case with Flynn. As to the Matt Cassel “tag and trade” in New England in 2009, there was cover due to Tom Brady’s rehabilitation from a season-ending injury.
Now I have been told the Tag requires “intent to employ”. Does that include intent to employ with another team? Probably. It appears a Tag and trade by the Packers will be allowed despite being on the edge of the spirit of the rule.
Leverage game
Flynn, if tagged, can immediately sign the projected $14.5 million one-year tender to make it guaranteed. And were I advising him, I would tell him to do so.
Flynn would have tremendous leverage with (1) the Packers, who could be stuck with a backup making $6.5 million more than Aaron Rodgers' $8 million salary; and (2) the trading team, who needs Flynn signed for more than one year.
Tagging Flynn also gives leverage to the trading team, who can firmly negotiate a trade knowing the Packers have to deal Flynn.
Which leads to…
Trade tampering?
The Packers, for reasons above, must be completely sure about a trade today, eight days prior to the March 13th start of the NFL trading period.
Teams are allowed to explore but not consummate trades prior to March 13th. Although the Packers may talk hypothetically about, say, a second-round pick for Flynn, one never knows what could happen between now and March 13th. What if, for instance, Peyton Manning becomes free in the interim – Thursday — and the trading team’s fancy turns from Flynn to Manning?
Player tampering?
And what about tampering with Flynn? With Flynn under contract to the Packers until at least March 13th, no team can “legally” talk to Flynn’s agent about a contract until that time. A trading team has to know Flynn will agree to a long-term contract, as it will not give up a high draft pick for having Flynn only 16 games.
If a trade goes through for a tagged Matt Flynn soon after March 13th, we will be led to believe the trade and contract suddenly after that date. And that the Easter Bunny brokered the deal…
Will Flynn get the Tag?
I don’t see it. I sat in that front office for nine years. The Packers are not a team to push the envelope with risk, and these decisions are all about risk.
To tag Flynn exposes them to risk that (1) they end up with Matt Flynn as a backup making $6.5 million more than the NFL MVP; (2) the trading team leverages a price lower than a second-round pick; (3) the NFL and/or NFLPA questions their decision; and (4) they tempt violation of tampering rules for having a trade in place prior to March 13.
I understand those who say for the Packers do whatever it takes to get compensation for Flynn. And I know firsthand how Ted Thompson craves second round draft picks. And it may well happen. I just don’t think it will.
The deadline is 4pm et today. Stay tuned.
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Not so Saintly behavior
On the Friday with NFL news consumed by the application of Franchise Tags by teams to players, a bombshell story has hit the news, one involving the New Orleans Saints in an extremely negative fashion.
The NFL announced today that the New Orleans Saints engaged in a bounty program under former
The NFL announced today that the New Orleans Saints engaged in a bounty program under former defensive coordinator Gregg Williams that involved more than 20 defensive players. The fact that the word “bounty” is something that will negatively affect the Saints franchise for some time to come.
It has been an initiative of Commissioner Roger Goodell from the moment he took office to maintain and promote the integrity and public confidence in the NFL. His signature Personal Conduct Policy has been vigilant in disciplining off-field behavior that negatively affects the image of the player, the team and league. And on the field Goodell and his staff have lorded over increased fines and suspensions for violent hits that affect the image of the game.
Now Goodell faces a situation that strikes at the heart of the integrity of the league. Players “gambling” with the health and safety of opposing players is something that belies the NFL shield and brand.
I remember, as a front office member of the Packers, how each year we would receive a memo from the NFL Management Council warning of stiff penalties for allowing “bounties” to exist within our players and coaching staff. I specifically remember one time where we were questioned about a comment our defensive players had made to the media about rewarding our defensive linemen with DVDs from Best Buy were we to hold Adrian Peterson under 100 yards in one game.
The NFL caught wind of those comments and inquired about them. When they used the word “bounty” in our call, it shocked me. We were talking about some DVDs from Best Buy! But, with the comments specifically concerning Peterson, who was coming off a record-breaking performance the week before, the league felt a need to ask us some questions. There was no punishment given, but it caused some a discussion to the entire team, especially the players involved in the incident.
The league will come down hard on the Saints. The timing of this announcement sets up for the loss of draft picks in the Draft that is six weeks away. And more.
The Saints offseason just got a lot worse. And Drew Brees, Carl Nicks and Marques Colston just got a lot more leverage, as the Saints need some good public relations news…soon.
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Receiver Roulette: Part 2
My first installment dissecting elite free agent wide receivers is here.
There is a surplus of talent at the wide receiver position in the free agent pool this offseason. Beyond the five players discussed in the first installment, six other notable receivers – Mike Wallace, Stevie Johnson, Reggie Wayne, Pierre Garcon, Mario
There is a surplus of talent at the wide receiver position in the free agent pool this offseason. Beyond the five players discussed in the first installment, six other notable receivers – Mike Wallace, Stevie Johnson, Reggie Wayne, Pierre Garcon, Mario Manningham, and Robert Meachem – may be available when the bell rings for free agency on March 13th. Let's examine:
Wallace is a Restricted Free Agent (RFA), so the Steelers have two options: (1) tender the highest qualifying offer – about $2.75 million – giving them the right to match any offer sheet Wallace receives, or (2) apply the Franchise Tag (Tag) to hold Wallace’s rights for an amount north of $9.4 million. Despite mortgaging $26 million of players' contracts to stay afloat amidst their severe Cap issues, the Steelers are still highly leveraged and probably cannot afford to tag Wallace. Thus, the likely course is an RFA tender while the team holds it collective breath.
A quiet win for players in the recent Collective Bargaining Agreement (CBA) negotiations was a decrease in the maximum RFA tender available. The “super tender” of first and third round picks – the highest tender in the previous CBA – was eliminated, making it less prohibitive for other teams to poach RFAs.
Teams in need of a receiver drafting at the back end of the first round – Chicago (19), Cleveland (22), Baltimore (28) or San Francisco (30), among others – could possibly make a play for Wallace. Many have asked about the Patriots making a run at Wallace, having picks 27 and 31. I don't see it due to (1) greater needs on defense; (2) an organizational philosophy to not reward other teams’ free agents at that level; and (3) the standard operating procedure of Bill Belichick is to use low first-round picks to secure additional second-round picks or future selections.
Prediction: Wallace receives a first-round RFA tender and the Steelers hold their breath that Cap-rich teams such as the Bengals, Browns, Redskins or Jaguars do not present front-loaded offer sheets.
Johnson may be allowed by the Bills to test the market.
Stevie Johnson
After stellar 2010 and 2011 campaigns in which Johnson posted at least 75 catches, 1000 yards and 7 touchdowns each season, Johnson is looking for the Bills or another suitor to show him the money.
The Bills and Johnson exchanged proposals at the Combine, but no deal was reached. While the two sides appear close, if a long-term agreement is not made by March 5th then the Bills will most likely let the market decide Johnson’s worth. I don’t see a Tag here.
Despite his production, Johnson has some question marks. More important to him will be whether some of these other receivers make it to the market, pushing him down the list of top players available at the position.
Prediction: Johnson enters free agency, with the Bills hoping to match what the market bears.
Reggie Wayne/Pierre Garcon
While the Peyton Predicament continues, Manning’s reliable receiver Wayne is set to test free agency for the first time in his eleven-year career as his six-year $39.5 million contract expires. There has even been some chatter that the pair could come as a package deal.
Teams will focus on Wayne's age (33), but his agent will emphasize the 75 receptions and three 100-yard games catching passes from the likes of Kerry Collins and Curtis Painter in 2011. Wayne still has value; the key will be structuring a contract that allows a team to separate with limited risk after a year or two.
Unlike Wayne, the Colts have shown interest in retaining Garcon, who reportedly turned down a deal with a total value of $35 million. Whether due to the probable release of Manning or otherwise, Garcon appears ready and willing to become a former Colt.
Prediction: Wayne goes to the market and receives a one or two-year deal with a veteran team. Garcon goes to the market and receives a significant contract, although less than what the Colts had offered.
Mario Manningham
While his 2011 overall numbers (39 catches, 523 yards, 4 touchdowns) aren't nearly as gaudy as his counterparts, Manningham made the biggest play of the 2011 season in Super Bowl 46. Will this single catch increase his value? That will be hard to determine, although we have seen the value of players with memorable Super Bowl plays – such as Santonio Holmes – increase in part due to that moment.
With the emergence of — and a future investment ahead in — Victor Cruz and previous investment in Hakeem Nicks, the Giants are likely to move on from Manningham. And with the Giants’ quarterbacks coach, known to be a fan of Manningham, moving to Tampa Bay, the Cap-rich Buccaneers look to be the clear favorite here.
Prediction: Manningham signs a four-year deal with the Buccaneers that is front-loaded to eat up some of their excess Cap room.
Robert Meachem
Despite showing flashes of promise, Meachem – the 27th pick in the 2007 Draft – has been overshadowed in the Saints' crowded wide receiver corps.
The Saints are overwhelmed with decisions on Pro Bowl free agents Drew Brees, Carl Nicks, and Marques Colston, so re-signing Meachem is a lower priority. Although Meachem’s money won't be nearly as exorbitant as these other names, the Saints may let him walk.
Prediction: Meachem goes to the market and slots under the players mentioned above.
In what will be a fascinating offseason free agent period, the first true offseason under the new CBA, the wide receiver position may be the most interesting group of all.
Tag Time
The clock is ticking toward Monday’s deadline for the application of Franchise Tags (the “Tag”) across the NFL. I expect a number of Tags, with teams waiting until the deadline to apply them. With that, I’ll try to answer some themes from the scores of questions I am getting about the Tag.
Why are Tag numbers down this season from last year?
As explained here in November, the new CBA formula for determining the Tag number is looking back five years at the top five Salaries at each position (“Salaries” include salaries plus proration), rather than a looking only to last year. The result of this calculation is that Tag numbers are down from last year an average of $2 million per position!
The lower numbers are advantageous to teams for a couple of reasons. First, it allows $2 million in savings to use on other areas of the team. More importantly, it sets a lower floor for negotiations, giving teams a lower starting point in negotiations on a long-term deal.
The Tag reduction is another nugget gleaned from the ten-year CBA as we enter the first offseason under the deal, a “win” for owners that may grow more important as the deal progresses.
What goes into the decision to place a Tag on a player?
Sometimes teams believe the agent and player are, well, delusional as to the player’s value. The Tag can put negotiations that are far apart on hold while allowing for future data to enter into the discussion.
ICONThe Titans used consecutive Tags on Haynesworth, not wanting to commit.
Also, teams may want to go “year-to-year” with players rather than committing to a long marriage. There may be concerns about longevity, durability and, most importantly, work ethic. The Tag gives the team the option to “pay as you go,” albeit for a large amount.
The primary example here is the when the Titans – concerned about motivation and work ethic with Albert Haynesworth – chose to apply the Tag to Haynesworth in consecutive years while making little to no effort to sign him beyond one year. The Redskins then sunk $41 million of guaranteed money into Haynesworth and have been trying to recover ever since.
Can teams apply the Tag repeatedly? Is there any limit?
In the event the teams apply the Tag for a third consecutive year, they must tender an amount of not 120% of the player’s previous salary – as in a second consecutive year – but 144% of that amount. That appears to be the only restriction on the continued use of the Tag.
For which positions is the Tag especially important?
The Tag gives teams an advantage with the two particular skill positions that have proven the most difficult to predict long-term success: running backs (projected Tag of $7.7 million) and wide receivers (projected Tag of $9.4 million).
These are the two positions where decline can come swiftly and irrevocably. The Tag allows teams to avoid being locked into a contract while such decline is happening before their eyes. I expect several Tags to be used here. As we speak, the Tag is being used as leverage in negotiations with running backs Ray Rice and Matt Forte, and receivers DeSean Jackson, Dwayne Bowe and Wes Welker.
An interesting situation is also occurring with kickers, where top deals exceed a $3 million average yet the Tag is projected at about $2.7 million. The Bills’ Rian Lindell recently decided to take a deal with the team, although not what he was hoping for, rather than being saddled with an under-market Tag. Other kickers faced with this dilemma may be Josh Scobee, Connor Barth, Neil Rackers, Matt Prater and Jay Feely.
As the top pick in the 2006 NFL Draft, Mario Williams' contract not only contained $26.5 million in guaranteed money, but also had a host of bells and whistles that the new CBA sought to eliminate (and did).
Williams’ 2011 salary was $13.8 million, above the projected $10.6 million Tag for defensive ends. Thus, his Tag number will be 120% of his 2011 “Salary” — a number that includes the proration from his option bonus and buyback bonus (don’t ask) — totaling $18.325 million. 120% of that number gives Williams a Tag number – should the Texans choose to apply it – of a staggering $21.99 million!
Thus, Williams will either make $22 million with the Texans or sign a long-term contract with the Texans or another team for guaranteed money that will certainly exceed $22 million. It’s good to be Mario.
The game of Tag will heat up in the coming days.
Combine Confidential
Finley finds a deal
Before getting to the Combine, a note on the two-year deal agreed to last night between the Packers and talented tight end Jermichael Finley, an agreement with a value of $14 million, with $10.2 million of that amount coming over the next 13 months. The deal makes sense for
Before getting to the Combine, a note on the two-year deal agreed to last night between the Packers and talented tight end Jermichael Finley, an agreement with a value of $14 million, with $10.2 million of that amount coming over the next 13 months. The deal makes sense for both sides.
ICONFinley re-ups with the Packers for two years.
For Finley, he avoids an under-market tight end Franchise Tag of $5.5 million and a potentially messy battle over whether he merits a wide receiver Tag number of $9.5 million.
The best news for Finley may be that he is a free agent again in two years at the tender age of 26! He will have another bite at the free agency apple in the prime of his career. And by that time, he and the Packers will know if Greg Jennings, whose contract expires after this season, will be retained or not.
Finley is a talent that the Packers did not want to lose. Now both sides have two more seasons together and more data points will be established prior to another showdown at the bargaining table.
On to the Combine….
While the Super Bowl – three weeks before the Combine – is the sizzle, the Combine is the steak. Here is some insight about what goes on:
The drills
The “meat market” part of the Combine is probably most striking. Players walk around in shirts and sweats displaying numbers and names. They are asked to stand in front of hundreds of scouts in only their gym shorts, then asked to turn around and sometimes asked to bend, while scouts write down in the notebooks observations about their frame.
Then come the measurables: speed, strength, agility, intelligence and, most importantly, medical, as each player is poked and prodded by all 32 NFL team doctors.
ICONScouts came back drooling at Vernon Davis's workout at the Combine.
As to whether teams place too much or too little emphasis on Combine measurables, my feeling is it is another set of metrics to go along with on-the-field game performance. Everything is data to be considered in evaluation.
Do freaks of nature surface at the Combine? Sure. I remember in 2006 when scouts came back from the week in Indianapolis raving nonstop about Mario Williams and Vernon Davis. But again, it's all a part of the process, soon to be followed by Pro Days, more interviews, more testing, more game tapes to watch, etc.
The agents
There will be approximately 900 NFL agents in Indianapolis this weekend, many of whom have no clients. The annual NFLPA meeting is scheduled on Friday and agents are required to attend as part of their certification. I was asked to speak there one year while with the Packers, having been an agent, but due to ongoing bargaining the Packers and NFL Management Council told me to refrain.
The meeting will be the first gathering since the negotiation of the new ten-year CBA with the NFL. Many agents felt ignored during the negotiation process and it will be interesting to see if the meeting becomes heated.
I remember when agents could roam (relatively) freely among the players' hotel. Now agents are barred from most areas; however, they attend to take their players out to meals, give pep talks, and provide moral support while, of course, protecting their new assets from potential poachers that lie in wait.
Agents have little to no influence in getting clients invited to the Combine. Or at least I did. I unsuccessfully tried to secure an invitation for a quarterback from Boston College named Matt Hasselbeck. Now fourteen years into a prosperous NFL career, Matt and I have a nice laugh every year while recalling the names of quarterbacks invited ahead of him that never played in the NFL.
Beyond the physical workouts, players are shuttled from team to team for interviews. The answers are predictable – the most important person in their life is their mother, they are very coachable, the problem they had in college with their coach/teammate/girlfriend, etc. was an isolated incident, etc. The players have been “coached up” by agents and services specifically designed for these interviews.
One year I joined the Packers’ interviews. With my legal background and inquisitive nature, I tried to dig deeper and go off-script, asking a lot of questions that started with “Why?” and see how they could re-focus on changed circumstances. Since our time with these players was very limited, I was soon told to ease up on the interrogations.
The tampering
The timing of the Combine – which precedes the opening of free agency and trading – necessitates discussion of player contract negotiations and/or movement. Meetings between team negotiators and agents take place in hotel rooms and lobbies and restaurants throughout downtown Indianapolis. With the Packers, we stayed at the Omni hotel, as did several other teams, and we would each have our section of the lobby where we would meet agents.
Most of my meetings were about players that we had under contract already and we were either trying to re-sign (as the Finley deal last night) or listen to complaints about what the player was making. In the rare times where we were talking about potential free agents, I was careful to phrase questions such as “In the event your player is out of his contract next week, what would you be looking for?”
What became frustrating as a team negotiator was when I could not even talk to agents of our players with expiring contracts because the agent had so many meetings scheduled with other teams. Could I prove that he was talking about our player? No, as most agents have existing players on many teams. But it was maddening to watch agents ignore the player’s existing team to seek out other options.
Let the (Combine) games begin.
Peyton Predicament: Part 4
Here are the Peyton Predicament previous entries Part 1, Part 2 and Part 3.
As the NFL world once again descends on Indianapolis, the epicenter of the biggest offseason decision in the league, this is just getting weird. Colts owner, rock paraphernalia collector and tweet maven Jim Irsay has
As the NFL world once again descends on Indianapolis, the epicenter of the biggest offseason decision in the league, this is just getting weird. Colts owner, rock paraphernalia collector and tweet maven Jim Irsay has turned the decision on whether Peyton Manning stays with the Colts into its own reality show/soap opera. Unfortunately for Irsay, he is not the party with leverage in this negotiation.
We are now smack in the middle of a one-month window where Irsay must either exercise the option on Manning’s contract or release him into the open market. As I have written, the Colts cannot simply let the March 8th date pass (they would still owe him $28 million). They must exercise the option or release him.
All indications have been that the Colts would move on: Irsay first spun a potential split and advised the team’s new coach and general manager to avoid the topic like the plague.
Now, Irsay is publicly floating the notion of trying to work something out with his iconic star if, and only if, Manning would accept a lesser contract reflecting his compromised physical condition. Hmmmm.
In following this saga, I am reminded of the spin between the NFL and the NFL Players Association exactly one year ago.
When the lockout appeared inevitable, there was posturing by both sides to win the hearts and minds of football fans. The NFL insisted the NFLPA only wanted to decertify and head to court instead of negotiating to resolve the dispute. The NFLPA asserted – through “Let Us Play” campaigns – that it was the NFL, not them, killing football. Both sides pointed fingers and screamed, “It’s their fault!”
Here, Irsay and Manning have been similarly strategic. Irsay tweeted that he didn’t mind paying Manning $26 million last year, a passive-aggressive move in light of the next approaching payout of $28 million. He has called Manning a “politician” and talked about keeping things “in-house” while politically using the media to take things public.
Manning made sure news was disseminated that he is medically cleared by renowned doctors to resume playing football. With that, he shifted the focus back to the Colts and Irsay, who was quietly hoping that Manning would retire and take some role with the team.
All of this spinning is fine, but …
The contract was negotiated for the Colts to decide to (1) have Manning on a one- year deal, the year he just completed for $26.4 million, or (2) have Manning on a five-year deal for $90 million, with $35.4 million due in 2012. The choice is theirs.
The Colts made this deal with Manning following multiple surgeries and after allowing his previous contract to expire. They also had no backup plan for Manning, hastily rustling up Kerry Collins from the couch with $4 million to play for them.
As to whether Manning would renegotiate either the date of the option or the terms of the contract, the Colts can certainly ask. And Manning can certainly say “no.”
ICONCondon will bargain hard against a reduced contract.
If, as Irsay suggests, the Colts are actually negotiating with agent Tom Condon, my sense is they would be focusing on the reduction of the guaranteed money – $28 million – due to Manning as a result of his compromised physical condition.
For Manning to accept this type of deal, however, the Colts would have to provide enough upside to Manning in exchange for their reduced risk. For example, were the Colts to reduce the guaranteed portion from $28 million to, say, $20 million, Condon may require them to provide twice the amount of the reduction – $16 million – in upside potential performance incentives.
In this scenario, Manning would be able to make $36 million – a $20 million option bonus plus $16 million of incentives — plus his $7.4 million salary for a total of $43.4 million. And, due to the fact that Manning did not play last season, these incentives would be NLTBE (not likely to be earned) and would not count against the Salary Cap until after the 2012 season.
As to moving the date back, again, it serves Manning little to no purpose to allow the Colts more time, and Manning wants to know their decision as soon as possible. Having said that, everything is negotiable. The Colts can try to “buy time” by paying Manning to move the date back.
Manning’s options
My sense is Manning will have several teams interested despite his recent medical issues. And those options may include the Redskins and Dolphins, two teams with ownership history showing a willingness to pay a premium for name brands.
Options create leverage, and leverage creates large guaranteed contracts. Will that guarantee exceed the $28 million Manning is schedule to make? That’s a good question, but my sense is it would be close.
My continuing belief is that the Colts and Manning will part. The Colts know Andrew Luck is their future; moving on with him is a reasonable and understandable business decision. Organizations need to evolve.
Irsay just needs to tell Manning that. It would be a difficult and uncomfortable conversation, but all parties would eventually be better for it.
Before we get to that, however, I am sure there is much more ahead to “As the Manning Turns”. Part 5 of this series is inevitable.
Receiver Roulette
The longest offseason in major professional sports has begun. While we wait for the next edition of “As Peyton Turns,” let’s examine a high-profile position group – wide receiver – that offers a substantial amount of talent. Among the group, five upper-tier players – Wes Welker, Vincent Jackson, DeSean Jackson, Marques Colston and Dwayne
The longest offseason in major professional sports has begun. While we wait for the next edition of “As Peyton Turns,” let’s examine a high-profile position group – wide receiver – that offers a substantial amount of talent. Among the group, five upper-tier players – Wes Welker, Vincent Jackson, DeSean Jackson, Marques Colston and Dwayne Bowe – are set to receive the Franchise Tag (“Tag”)or hit the open market. Let's examine:
My sense is Brady will continue to have his favorite wide receiver on the Patriots.
Welker had a remarkable 2011 season (122 receptions, 1569 yards, 9 touchdowns) despite the disappointment of his last play. Regardless, his rapport with Tom Brady and prolific work product in New England – 554 receptions in five seasons – speaks for him being retained.
My sense is Welker will return to the Patriots, whether via a long-term deal or the Tag. Bill Belichick had long coveted Welker when he played for Miami and the Patriots will be competitive with Welker as long as his contract demands are not astronomical.
The Tag number for wide receivers is projected to be around $9.4 million and would represent a substantial increase for Welker, who earned $2.5 million last season.
Prediction: a deal gets done with the Patriots.
Vincent Jackson
The contentious relationship between Chargers general manager A.J. Smith and Jackson may finally end. In 2010 as a Restricted Free Agent – due to the uncapped rules in place – Jackson held out most of the season. Smith, who relishes a good battle with a player, responded by placing Jackson on the roster exempt list, suspended him three games and reduced the $3.7 million tender to the minimum – $583,000, prorated to $171,000 for the balance of the season.
In 2011, Jackson unhappily received the Tag once the lockout ended (if one can be unhappy earning $11.4 million). To tag him again in 2012, Jackson would receive $13.8 million – 120% of last year's salary – and considerably more than the $9.4 million Tag number for receivers.
Prediction: the Chargers are prepared to move on from Jackson, who is said to be seeking a 5-year $50 million deal (aren’t we all?).
After ending his training camp holdout, Jackson arrived in July with an expectation of being compensated for outperforming a contract that paid $600,000 in 2011. That new deal never arrived, and Jackson watched as the Eagles spent cash freely on big tickets such as Nnamdi Asomugha and Michael Vick as well as mid-tier players such as Vince Young, Ronnie Brown and Steve Smith.
Jackson – admittedly distracted by his contract situation – was marred by inconsistency all season.
The Eagles thus find themselves in a precarious position. Jackson's big-play potential is undeniable yet his attitude, slight build, and concussion history are mitigating factors for a long-term deal. Also, Jackson's view of his value is in a different sphere than that of the Eagles front office.
Prediction: the Tag, while the Eagles subtly let teams know Jackson can be had for an attractive offer.
Colston, a 7th round pick out of Hofstra in 2006, has been pure treasure for the Saints, topping 70 catches, 1000 yards and 7 touchdowns in each of the last three seasons.
Colston’s stay in New Orleans may be directly related to that of his quarterback Drew Brees. The Saints are in heavy negotiations with Brees and if they cannot secure him by March 5th they will certainly use their Tag.
The team may then be forced to choose between Colston or Pro Bowl guard Carl Nicks, also set to become a free agent. Ultimately, with other priorities, a talented stable of receivers and concerns about Colston’s balky knee may rule the Saints decision.
Prediction: the Saints let Colston enter the market.
Dwayne Bowe
Bowe followed up his breakout 2010 season (72 catches, 1162 yards, and 15 touchdowns) with a solid performance in 2011, despite a carousel of quarterbacks slinging the ball his way.
The Chiefs have made it known that retaining Bowe and cornerback Brandon Carr are their priorities. One player will likely receive the Tag; the other a long-term deal. With Bowe naturally wanting a contract reflective of the market set by Santonio Holmes – five years, $45 million, $24 million guaranteed – the Chiefs might prefer to go year-to-year with Bowe, applying the Tag.
Prediction: Bowe receives the Tag.
Stay tuned, more top players in position groups to come.
Re-Routted
Before dealing with the first significant move of the 2012 offseason -- the Raiders' release of Stanford Routt -- a note on former Raider Randy Moss wanting to play again.
Moss wants in
It is interesting that a good amount of attention was paid to Moss “UStreaming” that he wants to come
Before dealing with the first significant move of the 2012 offseason — the Raiders' release of Stanford Routt — a note on former Raider Randy Moss wanting to play again.
It is interesting that a good amount of attention was paid to Moss “UStreaming” that he wants to come back to the NFL. That is nice, but he needs a team to make that happen.
ICONMoss wants to be “unretired.”
Moss “retired” last season after surveying the NFL and not finding any mutual interest. That is not likely to change now.
The vast majority of NFL players do not retire. As with Moss – a truly special player in his prime – these players are “retired” by NFL teams' lack of interest, hoping that someone will “unretire” them.
Brett Favre was one of the lucky ones: the Vikings “unretired” him twice. Now more than ever, teams move on with younger players that have futures ahead of them, not pasts behind them.
Let’s be clear: whether Favre or Moss or Terrell Owens or Tiki Barber or any player returns to the NFL after being away a while is less about them than it is about a team willing to take them.
Moss may sign a one-year deal at some point, but I doubt it will be soon. My sense is teams will go through the offseason and perhaps bring him in for training camp with little risk in the contract.
And speaking of Moss and Favre, I will never forget trying to bring them together.
Raider woes
New Raiders general manager Reggie McKenzie inherited a thorny contract and Cap situation. The Raiders possess several, shall we say, “player-friendly” contracts and have long been a favorite team of the agent community.
Routt’s deal was certainly one in that category. With his contract expiring last year at this time, Nnamdi Asomugha certain to sign elsewhere and the NFL heading into an indefinite lockout, the Raiders panicked and re-signed Routt to a three-year contract with total value of $31 million and potential guarantees up to $20 million. Around the same time, the Raiders also signed defensive end Richard Seymour to an eye-popping two-year, $30 million deal, a contract that was essentially fully guaranteed.
Now a year later, Routt is a former Raider and will receive approximately half of that $31 million – $15 million – for a performance of fifteen passes defended ($1 million per pass defended).
Routt's riches
Routt received $10 million in 2011 and was to earn an additional $5 million Friday were he on the Raiders roster. The Raiders released him Thursday to avoid that $5 million.
They cannot, however, avoid another $5 million. Routt has a $5 million guaranteed option bonus due in March. It was structured as a “second signing bonus” so the Raiders did not have to fund the payment in 2011, as per NFL rules. This structure is very similar to first-round rookie deals in the prior CBA, with large second-year option bonuses that shielded large sums from the Rookie Cap.
Here's a kicker — that $5 million to Routt in March is not offset against future money from another team. Thus, in 2012, Routt will receive $5 million from the Raiders plus any new contract money from where he signs next. And with the leverage of several teams being interested – Bills, Titans, Texans, Chiefs, Cowboys, Vikings – he will again have a nice contract.
This can rarely be said about a player just fired, but it’s good to be Stanford Routt.
Cap issues
The Raiders have some serious work to do just to get to a point that they can operate going into the 2012 League Year. Only the Steelers Cap situation is more dire (I’ll have a separate column upcoming on their situation).
The Cap was $120.375 million in 2011, with an additional $3 million that each team could “draw down” from the future, thus a practical Cap of about $123 million. The exact figure for the 2012 Cap will not be known for a couple weeks, but I don’t expect it to be much higher.
And, as discussed here in December, while teams can, for the first time, “bring forward” Cap room, those benefits are somewhat hollow for 2012 without team minimum spending requirements (not until 2013).
As we speak, teams such as these are restructuring contracts for short-term Cap relief while creating long-term consequences. Cap managers have to prepare for the 2012 Cap while accounting for tenders to their exclusive and restricted free agents, earned incentives from 2012, franchise or transition tenders, Rookie Pool, etc.
The business of football will dominate the next few months in the NFL, and the wheels have already started to turn.
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Liability for Accidents
HANDBOOK OF LAW AND ECONOMICS, A. Mitchell Polinsky, Steven Shavell, eds., Vol. 1, 2006
Harvard Law and Economics Discussion Paper No. 530
See all articles by Steven Shavell
Steven Shavell
Harvard Law School; National Bureau of Economic Research (NBER)
HANDBOOK OF LAW AND ECONOMICS, A. Mitchell Polinsky, Steven Shavell, eds., Vol. 1, 2006, Harvard Law and Economics Discussion Paper No. 530
Number of pages: 42 Posted: 16 Nov 2005
Number of pages: 42 Posted: 19 Feb 2006 Last Revised: 11 Sep 2010
This is a survey of legal liability for accidents. Three general aspects of accident liability are addressed. The first is the effect of liability on incentives, both whether to engage in activities (for instance, whether to drive) and how much care to exercise (at what speed to travel) to reduce risk when so doing. The second general aspect concerns risk-bearing and insurance, for the liability system acts as an implicit insurer for accident victims and it imposes risk on potential injurers (because they may have to pay judgments to victims). In this regard, victims' accident insurance and injurers' liability insurance are taken into account. The third general aspect of accident liability is its administrative expense, comprising the cost of legal services, the value of litigants' time, and the operating cost of the courts. A range of subtopics are considered, including product liability, causation, punitive damages, the judgment-proof problem, vicarious liability, and nonpecuniary harm. Liability is also compared to other methods of controlling harmful activities, notably, to corrective taxation and to regulation.
Keywords: law and economics, liability, accident(s), tort(s), insurance, product liability, externalities, information, regulation, litigation, suit, trial, court(s)
JEL Classification: D00, D6, D8, K00, K13, L5, H1, H8
Shavell, Steven, Liability for Accidents. HANDBOOK OF LAW AND ECONOMICS, A. Mitchell Polinsky, Steven Shavell, eds., Vol. 1, 2006; Harvard Law and Economics Discussion Paper No. 530. Available at SSRN: https://ssrn.com/abstract=849285
Steven Shavell (Contact Author)
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
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Keepin’ It Reel: The Meg
“The Meg” is such a suspenseful movie; you will never want to leave your seat. Since I had never seen a movie like this one before, it introduced a new type of thrill I never knew I was missing. The graphics were just right, the suspense was timed perfectly and the actors were daring. They were not at all what you would expect from people who are coming face to face with a pre-historic shark. If you want to go to the movies and grip onto the arms of your seat the entire time, this is the movie for you.
As the movie begins, we are introduced to Taylor, a rescue diver played by Jason Statham, and his team attempting to rescue scientists from a nuclear submarine. As Taylor is rescuing the last man, he witnesses the side of the submarine being bitten into by an unknown sea creature. After rescuing the group and returning to the rescue submarine, Taylor is forced to choose between risking everyone’s lives to save his team, or to leave his team behind to save the scientists. In the end, Taylor chooses to abandon his team, leaving them to die in the submarine’s explosion. Taylor was the only witness to the strange cause of the submarine’s combustion and, because of his crazy story, he is brushed off and diagnosed with pressure-induced psychosis. Taylor loses his wife, job and leaves the country after being branded as a victim of trauma.
Five years later, an underwater research facility attempts to explore a possibly deeper section of the Marianas Trench. Lori, Taylor’s ex-wife, is on board the submarine, Mana One, when an incredibly large creature hits the submarine, causing it to lose contact with the facility. In a panic, Dr. Minway Zhang asks Taylor to rescue his crew and confront the monster he escaped from years ago.
Though Jason Statham is no Chuck Norris, he has set a high standard for portraying a fearless hero. His character is always there to save the day with a few snide remarks to help introduce some comic relief. In the crazy battle of man versus monster, Taylor makes you doubt the shark’s might when tested against his courage and skill in every scene.
All of the scenes from “The Meg” are unforgettable, but there is one particular scene that stood out to me. Toward the middle of the movie, the research group and Taylor are forced to try the impossible and get close enough to the megalodon to place a tracker on its fin. During the debate as to who should jump into the water with the megalodon, Taylor steps forward. I felt this was the most suspenseful scene in the entire movie. The theater was silent as everyone waited to see if Taylor could get the tracker on the giant shark without being noticed, or if he would be swallowed alive by the giant jaws of the megalodon.
For those of you looking for human-shark carnage, “The Meg” is not for you. Honestly, I was a little disappointed with the lack of gore. I went into the movie expecting to see bloodshed similar to “Jaws,” but ten times more gruesome. “The Meg” did not have nearly the number of graphic deaths as “Jaws.” Then again, “Jaws” was a normal great white shark that needed to bite into his victims a few times before their death, whereas the megalodon swallows everything whole. For anyone with a weaker stomach, or just wanting to enjoy a good thrill, “The Meg” will not disappoint.
Overall, I really enjoyed “The Meg” and it’s interesting take on a creature whose existence is still questioned by scientists. I would rate this movie a 7 out of 10, since it lacks the gore and horror that was expected from the audience. “The Meg” was thrilling, exciting and funny in every scene. Its plot did not disappoint. This is one of those movies were you’ll leave the theater wondering if there is such a monster out there, and what would happen if it was discovered.
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Has Rudd joined the Liberal Party?
Guide to Australian minor political parties
Tony Abbott’s manipulation of public perception
By James Wight in Deregulation, Elections, News, Politics, Spin
Australia’s Opposition Leader Tony Abbott says in today’s newspaper:
The problem with the Parliament at the moment is that almost nothing is ever said which isn’t basically crude political head-banging. Both sides are guilty but I think that as prime minister Gillard was particularly bad at it.
Abbott’s hypocrisy is staggering. In reality, it is he and his Liberal Party who have for three years led a relentlessly negative campaign against Labor, its successive leaders Julia Gillard and Kevin Rudd, and the Greens whose vote Labor relied upon. Instead of presenting an alternative policy vision, the Liberals have spent most of their time inventing baseless reasons why the incumbent government and its policies are illegitimate. And instead of criticizing policies in detail, the Liberals have attacked them with simplistic three-word slogans and misleading fear tactics. It’s pretty obvious they aim to bring down the government whatever it takes.
I believe the Liberals’ negativity has been a deliberate strategy to cultivate in the minds of voters a certain set of perceptions which help the Liberals both electorally and ideologically. A lot of voters do not follow politics closely, and as a consequence tend to generalize the behaviour of specific politicians to all politicians, and particularly the incumbent government. Thus the Liberals, abetted by their allies in the Murdoch media, have intentionally created an atmosphere of chaos in Canberra to trash the reputation of politicians, knowing many voters would ultimately blame Labor and the Greens.
They have demonized the Greens in particular because they represent a far greater ideological opponent than Labor, who these days are little more than an electoral threat to the Liberals. The Greens were accused of secretly controlling the government despite overwhelming evidence to the contrary. This antipathy has recently culminated in Abbott’s sweeping declaration that he will not do deals with crossbenchers and that minority government is a “failed experiment”. Never mind that minority governments are commonplace in other countries and Australian states, or that Abbott’s own party is in a permanent Coalition with the Nationals. Abbott’s message is that the hung parliament has been the worst in a very long time. In my opinion, the hung parliament was actually a slight improvement on its predecessors because it resulted in meaningful negotiations with crossbenchers – particularly the Greens, who have consistently advocated policies in the public interest, unlike Liberal and Labor who are both in the pocket of big business, especially the fossil fuel lobby.
The flip side of the Liberals’ message is that they would restore order and stability and trust in government and be “a mature government, run by grown-ups”. Apparently focus-group research shows this is how voters remember the last Liberal government led by John Howard. I have argued the Liberals may actually be hiding a radical neoliberal agenda of austerity, deregulation, and decentralization which will lead to less democracy, less stability, less equality, less accountability, and rising greenhouse gas emissions. Those who fondly remember Howard have perhaps forgotten these are exactly the sort of actions he took when he was elected. (Remember “non-core promises”?) More recently, the Newman government in Queensland did the same thing. If my suspicions are correct, the Liberals are trying to sneak into government by opposing a “great big new tax”, so they can blindside Australians with great big new cuts.
Naturally, when Abbott is in power he will want voters to support his government. However, there is another way in which making “politics” a dirty word is advantageous to the Liberals no matter who happens to be in power at the time. A pervasive “anti-politics” attitude among the public provides a convenient justification for the Liberals’ ideology of minimal government. Abbott and the Liberals will argue that the general unsuitability of politicians for leadership, which “everybody” knows to be true, just goes to show that most important decisions should be taken out of their hands.
All this explains why Abbott complains about political negativity despite being the principal source of it. There are unmistakeable similarities to the more extreme obstructionist strategy of the US Republican Party, as revealed by former Republican insider Mike Lofgren:
A couple of years ago, a Republican committee staff director told me candidly (and proudly) what the method was to all this obstruction and disruption. Should Republicans succeed in obstructing the Senate from doing its job, it would further lower Congress’s generic favorability rating among the American people. By sabotaging the reputation of an institution of government, the party that is programmatically against government would come out the relative winner.
A deeply cynical tactic, to be sure, but a psychologically insightful one that plays on the weaknesses both of the voting public and the news media. There are tens of millions of low-information voters who hardly know which party controls which branch of government, let alone which party is pursuing a particular legislative tactic. These voters’ confusion over who did what allows them to form the conclusion that “they are all crooks,” and that “government is no good,” further leading them to think, “a plague on both your houses” and “the parties are like two kids in a school yard.” This ill-informed public cynicism, in its turn, further intensifies the long-term decline in public trust in government that has been taking place since the early 1960s – a distrust that has been stoked by Republican rhetoric at every turn (“Government is the problem,” declared Ronald Reagan in 1980).
Don’t get me wrong: politics is plenty corrupt and there is certainly reason for discontent with both of Australia’s major parties. But in my view the source of the problem is not the politicians per se; it is corporate control of those politicians. Reducing the size of government will not significantly empower ordinary individuals, it will only further entrench the power of business and make the problem even worse. Corporate leaders are unelected, employed to ruthlessly pursue their company’s self-interest, and not accountable to the broader public in the same way politicians are. However corrupt political parties may be, at least in theory we could vote them out and replace them with parties that would actually represent our interests.
The perceptions the Liberals have fostered appear to have taken hold in the public imagination. Please think critically about them. As voters, we must not allow our perceptions to be manipulated in this way. We should not conclude that government is bad, that hung parliaments are bad, or that the Greens are bad, because that’s only what the Liberals and the business lobby want us to think. And we must not reward Abbott for his negativity.
Australia, Democracy, Elections, Julia Gillard, Kevin Rudd, Liberal Party of Australia, News, Politics, Random, Thoughts, Tony Abbott
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In-depth A-Z
In-depth (clubs)
HomeIn-depthHistory of the Brighton – Crystal Palace Rivalry
History of the Brighton – Crystal Palace Rivalry
25 January 2019 PremPlace In-depth 0
It may seem like an unlikely rivalry to most, but Brighton and Crystal Palace share real hatred for each other. This game is not a derby, because over 40 miles separates the clubs, but it does have a derby feel to it. The game between the two sides is also nicknamed the ‘M23 Derby’. Brighton even changed their nickname from ‘the Dolphins’ to ‘the Seagulls’ in direct opposition to Palace’s ‘Eagles’.
The rivalry between Brighton and Crystal Palace dates back to the 1970s, where the two clubs had some heated games. Games between the two had some added bite before that, as they played each other numerous times in the years before, but that’s when the rivalry really kicked off and things became bitter between the two clubs.
The Brighton/Crystal Palace rivalry began during the 1976/77 season, when both played in Division Three: today’s League One. Brighton appointed Alan Mullery as their manager, while Crystal Palace appointed Terry Venables. These two already shared a bit of a rivalry, as they played together at Tottenham. Mullery was appointed Tottenham captain ahead of Venables, and their rivalry began. There was never any hate between the two, though.
Mullery and Venables were both expected to get their clubs promoted at the first time of asking. And they both did. Brighton finished second with 61 points, with Crystal Palace one place below them, with 59 points. But it was the games between the two that season that started the rivalry.
Crystal Palace went unbeaten in the five games they played against Brighton, with a win and a draw in the league and a win and two draws in the FA Cup. The first game of that season between the two was played at the Goldstone Ground: Brighton’s home. It finished 1-1, with play being stopped for a short time because of smoke bombs being thrown onto the pitch. In the second league game, Crystal Palace beat Brighton 3-1 at Selhurst Park, but the rivalry had begun before this game.
The teams were drawn to play each other in the first round of the FA Cup. They played out a 2-2 draw at the Goldstone, so a replay would be necessary at Selhurst Park. But this game finished in a 1-1 draw, so there would have to be a third replay played at a neutral venue. That game was postponed twice because of bad weather, but the game eventually went ahead at Stamford Bridge on November 6, 1976. The Brighton/Crystal Palace rivalry can be dated back to this day.
Paul Holder scored in the 18th minute to give Crystal Palace the lead. During the game, Brighton striker Peter Ward scored, but this goal was disallowed for handball, but he only handled it because Crystal Palace defender Jim Cannon pushed him.
The real controversy came late in the game. With the score still 1-0, Brighton were awarded a penalty. Brian Horton scored to draw them level, but the referee awarded a retake. The reason was that there had been encroachment by players, but the only players to approach the ball were Crystal Palace players, so the goal should have stood. The Palace goalkeeper, Paul Hammond, saved the second penalty and the Eagles went on to win the game 1-0.
After the game, Brighton boss Mullery was furious. He argued with the referee over the penalty incident. But as he walked off the pitch, a Crystal Palace fan threw hot coffee over him. Mullery told the Guardian: “As I was walking up the tunnel a load of boiling hot coffee was thrown over me by a Crystal Palace supporter. So I pulled a handful of change out of my pocket, threw it on the floor and shouted, ‘That’s all you’re worth, Crystal Palace!’ And I’d shout it at anybody who did that.”
As Mullery was led away by police, he flicked ‘v-signs’ at the Palace fans and shouted abuse at them. He was fined £100 for bringing the game into disrepute and warned.
Brighton finished fourth in Division Two in the 1977/78 season: missing out on promotion by goal difference. Crystal Palace finished ninth. The two games they played ended up as draws: 1-1 at the Goldstone Ground and 0-0 at Selhurst Park.
Both teams again aimed for promotion from Division Two in the 1978/79 season. In the two league games they played, Crystal Palace earned the bragging rights: beating Brighton 3-1 at Selhurst Park and drawing 0-0 at the Goldstone Ground. But the league went down to the wire this season, further fueling the rivalry between Brighton and Crystal Palace.
Brighton finished their season top of the league, but, because of postponements throughout the season, Crystal Palace still had a game to play. They played Burnley at Selhurst Park in front of 50,000 fans and won 2-0. The Eagles won the league on the final day of the season and pipped Brighton to the title by a single point.
Both clubs played in the First Division in the 1979/80 season, with Crystal Palace finishing 13th and Brighton finishing 16th. But Brighton had the bragging rights this season: beating Crystal Palace 3-0 at the Goldstone Ground on Boxing Day and drawing 1-1 at Selhurst Park.
In 1982, Alan Mullery was appointed as Crystal Palace manager, which didn’t go down well with the fans because of their rivalry with Brighton. The decision was met with hostility and attendances at Selhurst Park fell. He lost both of his games against Brighton and left in 1984.
In 1985, Crystal Palace’s Henry Hughton – brother of Chris Hughton – dived in for a tackle on Brighton fan favourite Gerry Ryan. The horrific challenge broke Ryan’s leg in three places and ended the Irishman’s career. There were scenes of violence among fans after this game, with clashes being some of the worst seen between the two.
Brighton and Crystal Palace met again in 1989 as their rivalry continued. There were five penalties awarded in the space of 27 minutes at Selhurst Park, with Crystal Palace being awarded four of them. The Eagles missed three of them, but still won the game 2-1. Palace were promoted to the First Division that season, while Brighton remained in the Second Division.
In the 90s, Brighton really struggled on and off the pitch. They regularly spent time in the bottom two divisions, while Crystal Palace were in the top two. In 1997 and 1998, Brighton were almost relegated from the Football League entirely, but narrowly survived on both occasions.
Selhurst Park was the venue for the first meeting between Crystal Palace and Brighton for 13 years. Brighton were managed by former Palace boss Steve Coppell. Andy Johnson scored a hat-trick as Palace won the game 5-0.
The teams met occasionally in the few years that followed, with Crystal Palace having a better record against their rivals.
Glenn Murray’s Brighton contract was up, and he was set to leave on a free transfer. He ended up signing for Crystal Palace.
In November of that year, the clubs met for the first time in six years, at Brighton’s new Falmer Stadium. Brighton led for most of the game after taking the lead through Craig Mackail-Smith just seven minutes in. But after 80 minutes, Crystal Palace equalised through Wilfried Zaha. Darren Ambrose put the Eagles ahead after 89 minutes, and Glenn Murray scored in stoppage time to make it 3-1 and ensure Palace won it.
Brighton and Crystal Palace met in the Championship play-off semi-final in May 2013, with another huge game adding to their rivalry. The first leg finished 0-0 at Selhurst Park, meaning it was all to play for at the Amex Stadium in the second leg.
When Palace arrived at the Amex, they were greeted by human excrement, which was smeared all over the toilet floor in the away dressing room. This only motivated Palace, though, and they went out and won 2-0, with Zaha scoring twice. Palace went on to beat Watford 1-0 in the final and gain promotion to the Premier League.
Glenn Murray returned to Brighton in 2016, on loan from Bournemouth. He then signed for the Seagulls permanently the following year.
In the 2016/17 season, Brighton secured promotion to the Premier League as they finished second in the Championship, behind Newcastle. Murray scored 23 goals for Brighton that season. They would join their fierce rivals in England’s top division once again.
Since Brighton were promoted to the Premier League, there have been some fiesty encounters between them and Crystal Palace, as their rivalry continues. There have been some exciting, goal-filled games and some trouble between fans off the pitch.
In November 2017, there was trouble around the Amex when Palace came to town. Palace fans without tickets tried to gain access to the ground, with some reportedly getting in through a fire exit. Brighton closed the turnstiles six minutes into the game, with many Palace fans who had tickets being unable to get in and being left disappointed.
Sussex police later had to apologise to Crystal Palace fans, as they claimed that Palace fans tried to gain entry to the stadium armed with “knives and knuckledusters”, but this never happened. They claimed weapons were found, but that wasn’t the case. There certainly was some violence, though, as two stewards were hospitalised; one with fractured ribs.
The game, which was their first encounter as Premier League clubs, finished 0-0.
In other games since then, there have been plenty of goals and some drama.
In January 2018, Brighton beat Crystal Palace 2-1 in the FA Cup, with Glenn Murray scoring a late winner. This was the first time VAR was ever used in English football.
In April 2018, Crystal Palace beat Brighton 3-2 at Selhurst Park, with all the goals coming in the first half.
In December 2018, Brighton took a 3-0 lead into half-time at the Amex. Shane Duffy was sent off for violent conduct after a headbutt on Patrick van Aanholt. Luka Milivojevic scored a second-half penalty for Palace, but they couldn’t turn the game around.
In March 2019, Brighton beat Crystal Palace 2-1 at Selhurst Park. Glenn Murray opened the scoring, before a Milivojevic penalty levelled things up. Anthony Knockaert scored a cracking goal with just over 15 minutes to play to win it for Brighton.
In May 2019, Brighton were in a Premier League relegation battle with Cardiff City. Cardiff needed to keep winning to keep the pressure on the Seagulls, who looked in real trouble at times. Crystal Palace played Cardiff at the Cardiff City stadium, and goals from Zaha, Michy Batshuayi and Andros Townsend gave them a 3-2 win. This win relegated Cardiff and ensured that Crystal Palace’s bitter rivals, Brighton, survived in the Premier League.
There have been a lot of great games between Brighton and Crystal Palace, as their rivalry adds to the occasion whenever they play each other. Games will continue to be fierce between the two as they battle it out in the Premier League.
Brighton and Crystal Palace have had a fierce rivalry since 1976, and will continue to add to that in the years to come.
“History of the Brighton – Crystal Palace Rivalry” is part of our in-depth series.
Follow us on Twitter (@premplace)
Like our page on Facebook (facebook.com/thepremplace)
See our in-depth section, our in-depth A-Z section, and our in-depth clubs section
Can Chelsea turn tie around or will Tottenham reach the final? Chelsea must play Giroud if they’re going to
A look at today’s FA Cup games – Crystal Palace vs Tottenham & Chelsea vs Sheffield Wednesday + Hudson-Odoi to leave
Brighton vs Arsenal Team News – Brighton unchanged; Bellerin dropped
4 March 2018 PremPlace News 0
Brighton host Arsenal at the Amex Stadium today, with the game set to kick off at 1:30pm. There is a preview of the game here. This is how the sides line up: Brighton: Ryan, Schelotto, Duffy, More
Crystal Palace vs Arsenal Team News – Calum Chambers starts in Arsenal back 3
28 December 2017 PremPlace News 0
Crystal Palace and Arsenal face off at Selhurst Park tonight, with the game kicking off at 8pm. I’m in the middle of writing a preview of it now and that will be up soon. This More
Brighton vs Everton – Team-news
15 October 2017 PremPlace News 0
Brighton and Everton go head-to-head today at the Amex Stadium, with the game kicking off at 1:30pm. Here is how the sides line-up: Brighton: Ryan, Bruno, Dunk, Duffy, Suttner, Pröpper, Knockaert, March, Stephens, Murray, Groß Subs: Krul, More
It’s Champions League final day as Tottenham and Liverpool face off in Madrid
It’s Europa League final day as Arsenal play Chelsea in Baku
Sorry it’s been quiet around here
Van Dijk ready for Lewandowski challenge, says he’s enjoying the pressure
Tottenham through to Champions League quarter-final – can Man Utd turn PSG tie around?
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Home learn products overviews video overview | cona glass filter rod for siphon brewers
Video Overview | Cona Glass Filter Rod For Siphon Brewers
Cona Glass Filter Rod For Siphon Brewers
A single-piece glass filter that replaces the standard filter assembly
Hey friends. Caleb here with Prima Coffee. Today, we're going to be taking a look at the Cona draining rod. If you've ever used a siphon brewer, you know that the clean up process is quite involved. But here to save the day is the Cona draining rod. It's made entirely of glass, so clean up is a breeze. I mean, you just have to rinse it off under some water, and it's good to go for another round. If you can see right here, it's textured, so it does allows the non-solubles to go through. At first glance, it looks like something that wouldn't really work for a filter. But yeah, this textured glass right here will allow your coffee to drain through, but not the larger grounds that are still up top. So yeah, let's go ahead and see this in action. Go ahead and add that in there. All right, while we get this going, I'll mention that this draining rod is compatible with all Hario, all Cona, all Yama brewers. So it's a really neat feature. So now, we got the water up there. We'll go ahead and add some coffee. Give it a stir. So, we'll give this just about a minute, and then we'll see it draining in action. So, you have the draining rod, yeah, I mean, it's a really neat feature, a really neat...a tool for this.
I mean, it makes cleaning a breeze, but it changes the cup just slightly. It's a heavier bodied cup. It's going to be something more like what you would get from a metal filter. It's not going to be as clean as something from cloth or a paper filter but it's still a very good cup of coffee. Going to give this another stir. So, we'll go ahead and cut the heat off and we can watch the drain. Watch it drain. So again, the Cona draining rod is going to be a different type of filter. It's going to be something that's going to have a heavier body. But because of the texture that's on the glass, we're able to keep most of the grounds from draining through. It is a great tool for somebody who is using this siphon on a regular basis, going to be something that's very easy to clean. It's good to note though, that it is going to be very hot to the touch afterwards. So, you're going to want to give it some time to cool down. But yeah, other than that though, it's such a great feature to have. It's super easy to clean. So yeah, that is the Cona draining rod. Thanks for watching.
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Opinion | Policy
Landmark High Court Decision Guides How Compensation for Native Title Losses Will be Determined
Friday, 15th March 2019 at 5:18 pm
William Isdale and Jonathan Fulcher, from the University of Queensland, examine the significance of the High Court’s decision about native title compensation claims, in this article which first appeared in The Conversation.
Friday, 15th March 2019
FREE SOCIAL
The High Court has decided, for the first time, the approach that should be taken to resolving native title compensation claims. In a previous article, we said it would be “the most significant case concerning Indigenous land rights since the Mabo and Wik decisions”.
The High Court’s decision this week certainly stands up to that description, and provides a degree of certainty for native title holders and governments. However, it also leaves a number of important issues unresolved. There will no doubt be further significant decisions in the future.
The significance of the decision
The decision is significant for Indigenous people because it confirms the substantial awards that may be made for past losses of native title.
In this case, the High Court awarded the Ngaliwurru and Nungali peoples just over $2.5 million for the loss of 1.27 square kilometres of non-exclusive native title, in and around the remote Northern Territory township of Timber Creek. The loss of that title occurred incrementally, by various acts of the NT government in the 1980s and ’90s.
The decision is significant for state and territory governments because the financial liabilities they owe to many Indigenous peoples have been clarified. Governments have known about the potential for compensation claims since the Native Title Act was passed in 1993. But because the act expresses the right to compensation in vague terms (being an entitlement “on just terms to compensate the native title holders”), the amounts were unquantifiable. For example, the Commonwealth government’s 2007-08 budget papers noted: “The Australian government’s liability cannot be quantified due to uncertainty about the number and effect of compensable acts, both in the past and in the future, and the value of native title affected by those acts.”
The Native Title Act’s recognition of rights to compensation extends back only to losses of title that have occurred since October 31 1975 (when the Racial Discrimination Act 1975 commenced). However, as explained below, it is possible that claims for compensation for some losses of title prior to that date could succeed.
What the High Court said
Unlike conventional interests in land – like freehold title – it is not possible to sell or lease native title rights. That made it especially difficult to determine what the economic value of those rights would be.
Secondly, there was the question of how a native title party’s cultural or religious ties to country would be compensated for. The High Court’s decision has provided the first inkling of clarity on these questions.
The High Court said the economic component of native title rights was to be valued by assessing those rights in comparison to a freehold title. A freehold title sets the upper limit for economic value because it provides the most extensive set of property rights known to the law. The court confirmed that the task is essentially intuitive.
The first decision of the Federal Court, in 2016, had said that the rights in this case were worth 80 per cent of the freehold value of the land. The Full Court of the Federal Court reduced that amount to 65 per cent. The High Court whittled it down further in this decision, to 50 per cent.
As to the cultural or religious loss caused by the loss of native title rights, the High Court said: “… what, in the end, is required is a monetary figure arrived at as the result of a social judgement, made by the trial judge and monitored by appellate courts, of what, in the Australian community, at this time, is an appropriate award for what has been done; what is appropriate, fair or just.”
The court considered that the amount awarded by the courts below – $1.3 million – was an appropriate award for this aspect of the loss.
Why we can expect more judgements on this topic
The court’s judgement still leaves a lot intuitive work to be done by those trying to determine native title compensation awards. In our view, that is not to the benefit of either native title parties or governments.
What is needed is further guidance about the criteria or principles that will guide the exercise of what is, essentially, an evaluative, or intuitive, decision. Further clarity about these principles will make it easier for compensation claims to be resolved by agreement, rather than by expensive (and time-consuming) litigation. Because the common law is worked out incrementally by the courts, it is likely that future decisions will go some way towards providing further guidance.
The High Court’s decision also leaves unanswered a number of significant questions. The most significant of these concerns the requirement in the Australian Constitution, section 51, that certain acquisitions of property be on “just terms”.
High Court judges have, over the years, expressed different views as to whether native title would enjoy the protection of this provision. If it does, then it is possible that certain restrictions on compensation provided for under the Native Title Act are unconstitutional.
Further, it may be possible for compensation claims to be successfully made outside of the Native Title Act and for losses that occurred before 31 October 1975. If that were the case, for example, actions by the Commonwealth in the Northern Territory (which achieved self-government only in 1978) that extinguished or affected native title, all the way back to Federation in 1901, could be compensable.
What the decision means
For governments around the country that are beginning to quantify their native title liabilities, the amounts could be eye-wateringly large. It is unlikely that many governments have prepared financially for the wave of potential compensation claims.
The greater certainty about the amounts that may be available is likely to accelerate the making of such claims. As the Federal Court noted in its 2016-17 annual report: “A significant number of compensation claims are anticipated when the legal processes in Griffiths [the formal name of this High Court decision] conclude.”
Overall, the decision will mark a shift in Australia’s native title journey from determining claims about the existence of native title (phase one) into determining compensation for past losses of native title (phase two).
The first phase has been with us since Mabo in 1992, and new claims for the recognition of native title continue to be made. The second phase is only just beginning. We will see claims before the courts for many years to come.
Given that compensation claims will be payable in most cases by governments, it is likely the decision will trigger political debate about the economic, budgetary and social implications. This debate will deserve close scrutiny.
About the authors: William Isdale is a lawyer in Brisbane, currently researching and writing a PhD at the University of Queensland’s T.C. Beirne School of Law. His thesis is about compensation for native title rights and interests.
Professor Jonathan Fulcher is one of Australia’s leading native title and cultural heritage lawyers. Active in practice and academia, Fulcher delivers lectures in Native Title at The University of Queensland and Griffith University. He is a current member of The University of Queensland Centre for International Minerals and Energy Law (CIMEL).
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Tags : Compensation, High Court, Indigenous, Mabo, native title,
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English professor wins Lannan Foundation fellowship in honor of his fiction writing
Author: Josh Weinhold
Roy Scranton, an assistant professor in Notre Dame’s Department of English, has won a fellowship from the Lannan Foundation in recognition of his fiction writing.
Since 1989, the foundation has given literary awards and fellowships to both established and emerging writers “of distinctive literary merit who demonstrate potential for continued outstanding work.” It looks to honor work that “challenges our understanding of the world,” and past honorees include George Saunders, Edwidge Danticat, Barbara Ehrenreich, Elizabeth Kolbert, Don Mee Choi, and Philip Metres.
“Before the award, I intended to keep writing what I felt the need to write, out of stubbornness if nothing else,” Scranton said. “Winning the award means that I will continue writing in challenging ways about the complex world we live in, a little less alone and much more emboldened.”
Scranton joined the Notre Dame faculty in 2016 after earning his Ph.D. at Princeton University. An Army veteran who served in the Iraq war, Scranton’s debut novel, War Porn, draws upon his military experience in questioning hero narratives built up around soldiers and considering the effects violence has on the people who live where wars are fought.
His 2015 nonfiction book Learning to Die in the Anthropocene is a reflection and treatise on the implications of global warming and the need for serious contemplation about the end of the Earth as humans have known it. His writing has also appeared in The New York Times, Rolling Stone, and the LA Review of Books.
“I wrote these formally and emotionally difficult books because I felt the need to understand the problems they address, and I did my best to confront those problems as directly and honestly as I could,” Scranton said. “One ought to expect little thanks for such efforts, and indeed I did not. To have the Lannan Foundation recognize my work gave me a sense of relief, hope, and validation that I find hard to put into words.”
Originally published by Josh Weinhold at al.nd.edu on February 08, 2018.
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Coming ’Round Again: A Perfect Circle returns to Grand Rapids for first time in more than a decade
Written by Eric Mitts
A Perfect Circle Tim Cadiente
Right from the beginning, A Perfect Circle never fit the shape of a conventional rock band. It’s no surprise then that the group has defied regular touring and recording cycles over its nearly 20-year history.
Often described by critics as an art-rock inspired alt-metal supergroup, A Perfect Circle melds the powerful, haunting vocals of Tool frontman Maynard James Keenan with the soaring, searing guitar work of co-songwriter/producer Billy Howerdel.
The duo famously first originated when Howerdel played Keenan some of the songs he had written after spending years working as a guitar tech for bands like Tool, The Smashing Pumpkins, Nine Inch Nails and others. Impressed, Keenan said he could hear himself singing on the tracks, and the project came to life in 1999.
“I’m not gonna lie. I am pretty pragmatic and shy when it comes to things. But when we went into this, I thought we had something special,” Howerdel said of the band’s beginnings.
At the time, Howerdel was a ProTools engineer on the long-delayed Guns N’ Roses album Chinese Democracy. But the feedback he kept getting from friends and peers in the music industry gave him the confidence he needed to step away from that high-profile gig and venture out with his own music.
“I had saved up all of my money at the time and put it into APC,” Howerdel said. “I had toured for many years, and worked at home, and saved over $100,000, and I put it all into this band. So if it failed, I was going to be screwed. I definitely was shooting for the stars.”
The effort paid off in 2000 with A Perfect Circle’s debut LP Mer De Noms, which launched at No. 4 on the Billboard Albums chart, becoming the highest-charting debut for a rock band ever. Then APC returned with its second LP, 2003’s Thirteenth Step, which charted even higher at No. 2.
The band quickly followed up with eMOTIVe, a politically charged covers LP released on Election Day in 2004, before going on hiatus in January 2005. At that time, Keenan returned to work with Tool, while Howerdel released his own album as Ashes Divide.
APC has since reunited, first in 2011 for a series of sold-out concerts and major festival appearances all over the world, and again at the beginning of this year in anticipation of a now long-awaited fourth LP.
“I don’t mean to get too fuzzy and heavy about it, but I got into music because the music I listened to meant so much to me,” Howerdel said of APC’s ongoing legacy and dedicated fanbase. “I’ve got to pinch myself sometimes when I hear people recounting stories of how (APC) was the soundtrack to moments of their life. Especially when it brings positive change to them.”
When Revue got ahold of Howerdel last month, he had just finished work on the latest batch of mixes for the new album, which has a tentative release of some time in 2018. He said the band is “full steam on a roll” with the new LP.
Going back as far as 2008, this project has been slow going due to the logistical and creative difficulties of Keenan and Howerdel living in different states and working on different projects. Still, they’ve shared songs and demos online over the years and have used their recent live performances as fuel for the fire of their new material. The band played two new songs — Feathers and Hourglass — on its spring tour earlier this year.
“I’m shocked sometimes how quickly he’ll respond to something I put up,” Howerdel said. “There was one (song) that went up two weeks ago and I think within 48 hours or less there was a finished song. And he hadn’t heard it before. These aren’t that simple of arrangements, so he’s unique like that. He’s a talented dude.”
Shortly after talking with Revue, the band cryptically teased The Doomed online, hinting at its first new material since 2013.
“On the spring tour, I started working on the record, and I’m bringing another studio on the road this time, so I’m going to be busy,” Howerdel said. “I wake up in the morning and get right in the studio in the dressing room, and try and capitalize on that kind of energy.”
In addition to harnessing the concert energy, Howerdel said the current political climate once again is having quite the impact on new material.
“(Maynard) said it very well on the last tour. To paraphrase him, it was something like, ‘Our job as artists is to be emotive creatures, and we’re here to interpret and report,’” Howerdel said. “But it’s our interpretation. It’s our report, and it’s completely subjective.
“For me, I would say most people could agree that things are more chaotic than ever, and more unsettled, and more uncertain than I’ve ever experienced in my life, and I’ve lived through the cold war. It takes a toll on everybody. There was a time, especially in early winter, where I wasn’t really working. … And so I think we all need a balance. People have to pay attention — they have to stay involved, but they have to keep a balance. You have to unplug for a moment and be healthy enough to make informed and wise choices.”
A Perfect Circle wsg. The Beta Machine
The Deltaplex, 2500 Turner Ave., Grand Rapids
Nov. 22, 6:30 p.m., $45-$65, Vip Tour Package: $225, Billy Howerdel + Caduceus Cellars Package: $325
deltaplex.com, (616) 364-9000
Published in On Tour
More in this category: « Life in the Present: Chris Robinson and his Brotherhood create one day at a time Cutting the Fat: Milo Aukerman talks Wienerschnitzel, passion and four decades of Descendents »
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(Redirected from Shintō)
The Great Torii at Kehi Jingu in Tsuruga, Fukui, Japan.
The dreams of man
Snooze buttons
Disturbing your sleep
Antitheism
Recurring dreams
Theophagy
Shinto (神道, Shintō) is one of the handful of indigenous religions (or spiritualities[note 1]) from Japan. It has become so ingrained in Japanese culture, rituals, art, literature, and daily life that it could be considered the single most-practiced religion in Japan, though few people in Japan self-identify as followers of Shinto.[note 2] Shinto is a nature-based religion, focusing on the importance of nature in guiding human lives, and provides background beliefs for such core Japanese cultural practices as suibokuga (brush art), bonsai, and karesansui (Zen rock-gardening).
1 Beliefs
2 Creation
3 Folklore and folk practices
4 State Shinto
Beliefs[edit]
Shinto Torii
Shinto recognizes the kami (神, gods or spirits) which exist within every natural thing. Sometimes this is extended to everything, period. The rocks, the mountains, the wind, the rivers all have kami, but a swordsman or potter may also say their creations have kami within them. Though the word in one context means "gods", kami are something unique to Japan: not quite souls, but energy forces with some level of will to them, to be respected and honored.
Nature is always at the very core of Shinto animistic beliefs, permeating not only the art and way of daily life for the Japanese, but modern Japanese views of a "green" economy, of renewable resources and energy, and of preserving habitats for endangered species.[1]
Shrines that are specifically placed to honor kami traditionally have a gate (torii 鳥居) which marks the beginning of the sacred land. This symbol is often associated with Japan as a nation.
Shinto does not require any profession of faith, nor does it have any systematic doctrine. There are no scriptures or holy works associated with Shinto, only various myths, long-held traditions, and a general overarching understanding of how the world works and what human roles within that world should be. Most of the people who actively practice Shinto (as opposed to just going to festivals, or doing folk magic because "it's what mom did") are also Buddhists. Unlike most Western religions, the basic tenets of Shinto are compatible with any other belief system.[note 3]
The majority of people who practice Shinto self-identify as "atheist".[note 4]
Creation[edit]
Izanagi stirring the early Universe to create land.
The Shinto creation myth is one of the more beautiful creation myths[note 5], and is also the subject of the first known Japanese book, Kojiki (712).
The Universe has always existed, but it was formless, like clouds in a light storm, churning. But soon, there were sounds[note 6] which indicated there was specific movement in the mass, of individual tiny particles. Because of the movement, light rose to the top of the Universe, and the particles rose as well, but not as high, yet escaping from a more dense matter. The light was takamagahara (高天原), where the gods would reside, the two masses became sky and water, and earth.
The early gods were not human-like, and they did not have definite shape or gender. But when the next generation of gods arose from the heavens, they had gender, and populated the earth. While the rest of the earth was made to be wild. From the kami's wills, Izanagi and Izanami, a mated pair of gods, specifically carved out Japan and made the Japanese people.
Folklore and folk practices[edit]
Teru teru bōzu (照る照る坊主) are supposed to bring good weather.
Shinto is the main source for the traditions of the Japanese people, even more so than Buddhism (which did not arrive in Japan until c. 552 CE). Shrine Shinto is the general source for the majority of the seasonal festivals, including the famous Summer Festival, Children's Day Festival, Cherry Blossom Festival, the Lantern Festival, and the Doll Festival, among some 20-30 other annual festivals.
Shinto is also responsible for the famous good luck charms and wish flags found at Buddhist temples and Shinto shrines.
Want to control the weather? Make a ghost-like toy and hang it out of your window.
Want to heal a friend? Make an origami crane, or better, 1000 of them (though the story behind this one is quite sad).
Want to purify yourself? Invite the sparrows into your home to make mud nests for the season.
The amount of belief in things like these can usually vary from household to household; however, it is incredibly uncommon for these traditions to be 'forcibly passed on' or 'spread' to other people. In fact, these beliefs are far more a cultural practice of Japan than an actual religious ideology. For example, folding origami cranes may or may not have a spiritual meaning depending on who you ask.
State Shinto[edit]
SCAP (Supreme Commander of Allied Powers) "is accomplishing these reforms: Elimination of militaristic State Shinto; Weeding Shinto out of schools; Guaranteeing freedom for all religions"
For most of Japan's history, Shinto was intimately tied to the Japanese government, because since the 7th and 8th centuries [2] the emperor was believed to be a descendant of the sun goddess Amaterasu and thus part of the divine hierarchy; the promotion of Shinto as the national religion was retroactively termed "state Shinto" in the 1970s. State Shinto was heavily promoted during the Meiji period (1868-1912), when government bureaus were established to regulate worship, and came to a head in World War II, when the state religion was used to encourage nationalism and militarism. State Shinto effectively died after the war, when Emperor Hirohito was forced to renounce his divine status.
↑ There is much academic debate as to whether one can classify Shintoism as a formal religion with a formalized dogma and a body of rituals.
↑ According to Adherents.com, people claiming Shinto as their religion make up only 11% of the population. However, the tradition of registering new births both at a Shinto shrine and at a Buddhist temple suggests that nearly 90% of the population "is" both Shinto and Buddhist. Both statistics are highly misleading, according to Japanese studies on religion.
↑ For instance, many Japanese have no trouble believing in (if not worshiping) the Judeo-Christian God (Kami-sama 神様, often identified with the Chinese supreme god Yu Huang 玉皇), the Buddha, and traditional Shinto deities all at once.
↑ Japan is one of the most confusing sets of religious demographics. Wikipedia states in one paragraph that "70% of the population is Buddhist ", and then states "roughly 70% of the population adhere to any faith or belief in god". The reason for this is that both Japanese Buddhism and Shinto are part of a cultural heritage, but do not require active participation or statements of faith. So from the perspective that a person walks by a temple and claps twice, cause it's what he's always done — he's Buddhist. From the perspective of "do you think God or any god controls the world", he would say no, and be counted as an atheist.
↑ Therefore, it clearly should be taught in American schools.
↑ Often associated with the clicking sounds made by Japanese water garden art, or the sound of particular bugs.
↑ See roughly half the films of Hayao Miyazaki .
↑ "Shinto history", BBC
Retrieved from "https://rationalwiki.org/w/index.php?title=Shinto&oldid=2047820"
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Ray City Real Estate
May 8, 2011 at 12:54 am (Uncategorized)
Tags: Adel Public Road, Bank of Ray's Mill, Charles A. Knight, Charles X. Jones, Clements Sawmill, Dr. C. X. Jones, F.D. Clifton, Georgia Loan & Trust Company, I.H. Sutton, J.F. Buckholtz, J.J. Swindle, J.M. Deloach, James S. Swindle, Jasper Nobles, L.J. Clements, Levi J. Clements, M.S. Knight, R.M. Green, Riley M. Green, T.I. Griffin, W.L. Swindle, William Lawrence Swindle
The previous post, Ray City Land Passed Through Many Hands, discussed ownership of the land where Ray City is situated going back into the 1870s. By 1895 150 acres of this land had come into the possession of James S. Swindle.
Dr. Charles X. Jones, First Mayor of Ray City
In 1903, James S. Swindle sold four acres of this land to Dr. Charles X. Jones. “All that tract or parcel of land lying and being in the County of Berrien, containing four acres, more or less, at the north end of Card the Card dam, and running northward to the Rays Mill and Adel Public Road; thence westward to the southwest corner of Chas. A. Knight and J.J. Swindle land, thence southward to the corner of the lands of I.H. Sutton, M.S. Knight and J.S. Swindle, thence Eastward to the starting point.”
“…in the year 1908 the said tract was cut up into town lots, by the surveyor of Berrien County, T.I. Griffin, and platted for the Town of Raysmill, and that the said town of Rays mill, afterwards became incorporated as the town of Ray City, Ga.”
The newly platted town of Ray City experienced a real estate boom. On March 9, 1909 the Atlanta Constitution ran an article that included the following account of the new town:
“Rays Mill, a very new town on the Georgia and Florida Railroad, ten miles south of Nashville, is in this section, and is proud of its location. Less than six months ago there was no town and no sign of it. Today there are at least a half a dozen new store houses completed or being built, and probably twenty-five new residence buildings completed or planned, to say nothing of a half a hundred new cabins for the colored laborer. A two story hotel building is near completion and will soon be occupied. M.E Studstill has a new sawmill here and J.H. Crenshaw has another. Charles H. Anderson and Dr. Guy Selman are putting up a drug store. Mr. Anderson is postmaster and Dr. Selman practices his profession here. A.L. Bridges is another young merchant who will soon move his store to town. Louis Bullard is completing a two story house. And so on — all in five months. The truth is, Rays Mill, the town, has just about ‘arrived,’ or will soon.”
About Charles X. Jones, the article said, “It will not, I believe be improper to say that Dr. C. Jones, an older citizen here, is the leading spirit of this town. Dr. Jones has for years served these people, and has done business and owns considerable of the land around here, and he proposes to help his new town along. He is clever and generous and disposed to serve his community. “
Another Berrien County title document goes on to describe specific Ray City lots owned by Dr. Jones, “That the said Chas. X. Jones sold off city lots and sold lot No I in block No. 2 to J.F. Buckholtz…”
Buckholtz sold this lot on March 18, 1910 to J.M. Deloach. Within a month J.M. DeLoach flipped the lot, selling it to Levi J. Clements on April 11, 1910. Clements was a well-to-do planter who owned a home on the town’s newly designated Main Street , and who later owned the Clements lumber mill at Ray City. Perhaps he purchased the lot intending it for one of his sons.
Clements held the lot for about a year and a half but then sold out to William Lawrence Swindle. W. L. Swindle was born and raised in the Rays Mill District, a son of pioneer settlers James Swindle and Nancy Parker. He served three terms as Sheriff of Berrien County.
W.L. Swindle quickly closed a deal conveying the land to Riley M. Green on Dec 19, 1911. Riley M. Green was an investor and one of the incorporators of the Bank of Rays Mill.
Three years later Riley M. Green sold the lot to F.D. Clifton for $150 dollars. In 1917, F.D. Clifton doubled his money, selling the lot to Jasper Nobles for $295.00.
Jasper Nobles constructed a home on the site at a cost of $1200 dollars. In 1919, he mortgaged the house and property for a $1000 dollar loan from the Georgia Loan and Trust Company. In the 1930s the house and lot was sold at auction on the Berrien County courthouse steps for $100.
Jasper Nobles built this house on Jones Street, Ray City, GA on land that once belonged to Thomas M. Ray.
Ray City Land Passed Through Many Hands
Dr. B.F. Julian Burned Out at Ray’s Mill
Obituary of Dr. L.S. Rentz
Dr. H.W. Clements and the Doctor’s Roadster
Lawson Rentz Serves Country and Ray City, GA
Dr. Guy Selman
Feb 4, 1911 Ray’s Mill News Items
Medical Men of Ray’s Mill
Jasper Nobles ~ Ticket to the Past
Dr. Charles X. Jones ~ Ray City’s First Elected Mayor
Dr. A. L. Johnston and the 1913 Possum Supper
May 7, 2011 at 9:20 am (Society and Leisure)
Tags: Berrien County GA, Card Gin Dam, Charles X. Jones, Dr. C. X. Jones, General Levi J. Knight, Henry Harrison Knight, James S. Swindle, James Swindle, Levi J. Knight, Ray City GA, Ray's Mill GA, T.I. Griffin, Thomas M. Ray, Thomas M. Ray Jr., William Roberts of Ray City Georgia
According to early land title documents the land that now constitutes a significant portion of Ray City, GA was once owned in part by Thomas M. Ray. T.M. Ray, along with his father-in-law, Levi J. Knight, founded Rays Mill.
Grave marker of Thomas M. Ray, Cemetery at Union Church (aka Burnt Church), Lakeland, GA.
The Last Will and Testament of Thomas M. Ray directed that ” all my property of every sort and kind be kept together and managed by executors upon the plan and fashion as nearly as possible that I have lately managed it for a term of ten years, at the expiration of which time executors are hereby directed to expose every parcel of property that may then belong to the estate at public sale, and the proceeds from said sale be equally divided among my legal heirs that may then be living, or their representatives if any, and they be dead.” “I hereby constitute and appoint my son in law H.H. Knight and my son Thos. M. Ray, to qualify and act when he becomes of age and my worth friend William Roberts executors of this my last will and testament. This May 31, st, 1876.”
Thomas M. Ray died just a few days later, June 14, 1876. In accordance with his will, his land was tied up in the estate for the next 10 years, including Land Lots 422, 423, 451, and 452 in the 10th land district which were owned jointly by William Roberts and T.M. Ray.
Subsequent court documents show:
“At the April term 1879 Thos. M. Ray [Jr.] filed his petition to the Court oy Ordinary of Berrien County, Ga. showing that he had been duly appointed executor of the last will and testament of his father Tho’s M. Ray, and that he had reached the age of 21 years, and asking that he be appointed executor under the said will. Whereupon the Court directed that he be appointed executor as prayed.”
“H.H. Knight and Tho’s M. Ray [Jr.], as the duly and legally qualified Exrs. under the last will and testament of Tho’s M. Ray, applied to the Court of Ordinary of Berrien county, setting forth that under the terms of the said Will that all of the lands and property belonging to said estate should be sold, and praying that leave be granted to them to sell the said lands etc. Citation was ordered issued and published in terms of the law, Oct, term, 1886, of the Court of Ordinary of Berrien County.”
“At the November term 1886 of the Court of Ordinary of Berrien County an order was granted by said Court, reciting that it appearing to the Court that said citation had issued and been published as the law required that the said executors be granted leave to sell the land etc.”
With the estate cleared to sell, William Roberts sold out his interest in Land Lots 422, 423, 451, and 452 to James Swindle on November 18th, 1886, receiving the amount of $10,029. 70 in consideration. In today’s dollars, this would have been about $12.1 million dollars.
Nine years later, in 1895, James Swindle transferred 150 acres of this land to his son, James S. Swindle. The warranty deed stated that the value received in consideration was “Love and Affection,” and described the property “to wit: One hundred and fifty (150) acres, more or less, being part of lot of land number 423, and bounded as follows; 10th Dist of Berrien County, Ga. Commencing at the North end of the Dam known as the Card Gin Dam and running North to a branch known as the Davis branch thence down said branch to Cat creek, thence down said Cat creek to lands of H.H. Knight, thence running East along said H.H. Knight land to starting point.”
The Swindle land encompassed virtually all of present day Ray City lying north of Beaver Dam Creek. “That along in the 1880’s, it was owned and possessed by one James Swindle, and that James Swindle sold the same to his son James S. Swindle, and that James S. Swindle sold that part of the land…to Chas. X. Jones, with several other acres of the land, and that in the year 1908 the said tract was cut up into town lots, by the surveyor of Berrien County, T.I. Griffin, and platted for the Town of Raysmill, and that the said town of Rays mill, afterwards became incorporated as the town of Ray City, Ga.”
1919 title document showing chain of ownership of land at Ray City, GA.
1915 – Rays Mill Becomes Ray City
Henry Harrison Knight Among Earliest Teachers in Berrien County
James Swindle ~ Wiregrass Pioneer
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Home / Opinion / Editorial / Fair and simple
Fair and simple
By: Rochester Business Journal Staff May 21, 2010
Bipartisanship is an endangered species in America these days, especially in the nation’s capital. Yet it has not vanished entirely and in fact could help produce the most significant tax reform in a quarter-century.
Sens. Ron Wyden, a Democrat from Oregon, and Judd Gregg, a New Hampshire Republican, have introduced the Bipartisan Tax Fairness and Simplification Act of 2010. In a narrow sense, it is designed to address a looming issue-the expiration of the Bush tax cuts on Dec. 31.
But this measure is not a tax-law patch. Rather, the bill aims to streamline and modernize the tax code so that it is fairer and less costly for all Americans.
Consider this: The Internal Revenue Service estimates that Americans annually spend nearly $194 billion and 6.6 billion hours on tax compliance.
The last major reform of the tax code, which occurred in 1986, eliminated scores of special provisions and loopholes. But Congress almost immediately began recomplicating the code.
Here are just a few of the significant changes contained in the Wyden-Gregg bill:
n The measure would reduce the number of tax brackets to three: 15 percent, 25 percent and 35 percent.
It would triple the standard tax deduction and eliminate restrictions on personal exemptions and itemized deductions; however, the number of exemptions and deductions for individuals and businesses would be greatly reduced.
The progressive corporate income tax would become a 24 percent flat tax. Today, U.S. corporate taxes are second-highest in the developed world; this change would bring the U.S. rate below the average of those countries.
The Alternative Minimum Tax would be abolished.
As for simplifying tax compliance, the senators say most taxpayers "will be able to use a straightforward and shortened one-page 1040 IRS form to file their federal income taxes."
On paper, the Wyden-Gregg plan is revenue-neutral. But by reducing the amount of money spent on compliance and by encouraging capital formation, it could have a strong positive impact on the economy.
At first glance this bill seems to offer the best chance for real tax reform in a very long time.
Snap Poll: Little support for ‘Green Light’ bill
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Home / Industry / Legal / It’s time to rethink ‘three strikes’ and similar laws
It’s time to rethink ‘three strikes’ and similar laws
By: Amitrajeet A. Batabyal January 3, 2014
When I was a graduate student in Berkeley, Calif., in the early to mid-1990s, a particularly heinous crime riveted the San Francisco Bay area and ultimately the nation. The victim in this case was a 12-year-old girl, Polly Klaas, who was abducted at knifepoint from a slumber party in her mother’s home by a career criminal named Richard Allen Davis. The well-organized search for Polly ended a little over two months after her abduction when Polly’s decomposed body was discovered in a shallow grave not very far from her home in Petaluma.
It is fair to say that this crime was the single most important factor in generating broad voter support in California for stringent "three strikes and you’re out" laws whose aim is to put habitual offenders away in prison for life. Since the three strikes law in California was enacted in 1994, many other states also have adopted their own versions of such laws. By passing and/or supporting such laws, politicians and law enforcement officials certainly give the impression of being tough on crime. However, such impressions alone ought not to be the basis for sound public policy against crime. What is needed is reasoned inquiry to tell us whether the benefits from such laws justify the costs.
Consider two cases. The first involves Norman Williams in California. The New York Times points out that Williams’ first "strike" occurred in 1982 when he bungled the burglary of an apartment that was being fumigated. His second strike came in 1992 when he stole two hand drills and some other tools from an art studio. Therefore, in 1997, when Williams stole a floor jack from a tow truck, he effectively struck out and was sentenced to life in prison.
The second case concerns Timothy Jackson in Louisiana. The Economist notes that by the mid-1990s, Jackson already had two previous convictions for stealing from cars and one juvenile conviction for robbery. Hence, when Jackson stole a jacket from a store in New Orleans in 1996, under Louisiana’s "four-strikes" law, the judge involved had no choice but to sentence him to life in prison with no chance of parole.
In both cases, the individuals involved were locked away for non-violent offenses. Given the zeal of some states in locking up even non-violent three-strikes offenders for life, it is no surprise that our prison population has swelled significantly in the last two decades. Some studies show that the cost of implementing the three-strikes law in California since 1994 has been at least $4.8 billion and possibly as high as $20 billion. Viewed against this background, it is difficult to come to terms with the triviality of some third strikes that can result in life without parole. Depending on a person’s prior background, an offense such as shoplifting, cashing a stolen check, siphoning gas from a truck or threatening a police officer while handcuffed can put him or her away for life without parole.
In addition to costs and the relative insignificance of some third strikes, there also is the issue of legal challenges to three-strikes and similar laws. For instance, New York’s "persistent offender statute" directed trial judges to ascertain whether longer sentences were called for in the case of defendants with three or more felony convictions. In 2010, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan ruled that a key provision of the statute was unconstitutional because the longer prison terms for repeat offenders were based on findings by judges and not juries.
There is no gainsaying the fact that some criminals, particularly the violent ones, ought to be locked up for long periods of time. Even so, existing studies do not reveal an unequivocal, causal connection between three-strikes laws and crime reduction. As a society, we need to ask ourselves whether we truly benefit by keeping petty thieves in cells until they die of old age. In this regard, what is certain is that the cost of doing so is staggering: A year behind bars, according to the Economist, can cost more than tuition at Harvard. What is uncertain is whether there are any benefits to such draconian actions.
Amitrajeet A. Batabyal is the Arthur J. Gosnell professor of economics at Rochester Institute of Technology, but these views are his own.
1/3/14 (c) 2013 Rochester Business Journal. To obtain permission to reprint this article, call 585-546-8303 or email rbj@rbj.net.
12:00 am Fri, January 3, 2014 Rochester Business Journal
Amitrajeet A. Batabyal
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Segment and personalize programs for customers. This is one of the big pluses of today’s smart energy networks. They can consider multiple variables – like a utility customer’s preferences, system parameters, weather, cost of energy – to optimize and personalize rates and programs. As part of that personalization, a smart city’s utility, whether municipally owned or a private utility that operates in the city, can identify energy use patterns and then make customized recommentions to help customers get the best possible rates or assist with fraud and service connection issues.
Today many electric and gas utilities charge a single rate for every residential customer at every time of the day. In reality, the cost of energy varies widely depending on the time. In particular, electric energy can be very inexpensive at night when demand is low and the output from wind farms is high. But it can be very costly during hot summer days when air conditioners are cranked up, demand is very high and energy is scarce.
Smart meters and smart grids make it possible for utilities to offer a variety of programs to encourage energy efficiency and cost savings. Examples include time-of-use rates, peak-time rebates, efficiency incentives and demand response programs.
CenterPoint Energy in Texas completed installation of more than 2.2 million smart meters from Council member Itron as part of its smart grid initiative, which was designed to give consumers more control over their energy consumption.
Give consumers more control. CenterPoint Energy customers have 15-minute interval access to their energy data via an online portal.
Now CenterPoint customers have 15-minute interval access to their energy data from the Smart Meter Texas online web portal and have wireless capabilities to install in-home energy management devices.
“Our smart meter deployment has been extremely successful. Not only have we had compliments from our customers and the Public Utility Commission of Texas, we’ve also had compliments from the Department of Energy,” said Kenny Mercado, division senior vice president of Grid and Market Operations for CenterPoint Energy.
The Smart Grid Consumer Collaborative is a nonprofit organization focused on advancing a consumer-safe, consumer-friendly smart grid and has researched consumers and published reports on smart grid consumer education and segmentation. SGCC’s research shows that consumers fall into five broad segments ranging from Concerned Greens, those people who want a cleaner energy portfolio, to Do-It-Yourself and Save,
those people who want to save money and are likely to enroll in programs that will help them take action to do that. Both of these segments would likely be responsive to personalize programs that match their values around energy.
Joining with organizations like SGCC to obtain materials, collaborate with others and learn best practices for citizen engagement is one way to increase the likelihood that smart energy projects receive consumer support.
Facility helps public and private sector researchers scale up clean energy technologies
Located at the National Renewable Energy Laboratory’s campus in Golden, Colorado, the new 182,500-square-foot Energy Systems Integration Facility (ESIF) is the first facility in the United States to help both public and private sector researchers scale-up promising clean energy technologies – from solar modules and wind turbines to electric vehicles and efficient, interactive home appliances – and test how they interact with each other and the grid at utility-scale. The U.S. Congress provided $135 million to construct and equip the facility.
ESIF, which opened in 2013, houses more than 15 experimental laboratories and several outdoor test beds, including an interactive hardware-in-the-loop system that lets researchers and manufacturers test their products at full power and real grid load levels. The facility will also feature a petascale supercomputer that can support large-scale modeling and simulation at one quadrillion operations per second.
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The Persons With Disabilities (PWD) Act 1995
Click here to Download Gazzete
Click here for PWD Act 1995 in Hindi
Click here for PWD Act 1995 on Ministry of Social Justice and Empowerment, Govt. of India Website
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
The Act has been enacted under Article 253 of the Constitution read with item No. 13 of the Union List. It gives effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc. The implementation of the Act requires a multi-sectoral collaborative approach by the appropriate governments, including various Central Ministries/Departments, States/Union Territories, local bodies.
SOURCE: http://socialjustice.nic.in/policiesacts3.php
THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995
PUBLISHED IN PART II, SECTION 1 OF THE
EXTRAORDINARY GAZETTE OF INDIA
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi, the 1st January, 1996/Pausa 11, 1917 (Saka)
The following Act of Parliament received the assent of the President on the 1st January, 1996, and is hereby published for general information:- No.1 OF 1996
[1st January 1996]
An Act to give effect to the Proclamation on the Full Participation and Equality of the People with Disabilities in the Asian and Pacific Region.
WHEREAS the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December,1992, adopted the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region;
AND WHEREAS India is a signatory to the said Proclamation; AND WHEREAS it is considered necessary to implement the Proclamation aforesaid.
Be it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:-
Chapter II The Central Coordination Committee
Chapter III The State Coordination Committee
Chapter IV Prevention And Early Detection Of Disabilities
Chapter V Education
Chapter VI Employment
Chapter VII Affirmative Action
Chapter VIII Non - Discrimination
Chapter IX Research And Manpower Development
Chapter X Recognition Of Institutions For Persons With Disabilities
Chapter XI Institution For Persons With Severe Disabilities
Chapter XII The Chief Commissioner And Commissioners For Persons With Disabilities
Chapter XIII Social Security
Chapter XIV Miscellaneous
CHAPTER-I
1. PRELIMINARY
(1) This Act may be called the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may. by notification, appoint.
2. In this Act, unless the context otherwise requires,-
(a) "Appropriate Government" means,-
(i) In relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924, the Central Government ;
(ii) In relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority., other than a Cantonment Board, the State Government;
(iii) In respect of the Central Co-ordination Committee and the Central Executive Committee, the Central Government;
(iv) In respect of the State Co-ordination Committee and the State Executive Committee, the State Government;
(b) "Blindness" refers to a condition where a person suffers from any of the following conditions, namely:-
(i) Total absence of sight. or
(ii) Visual acuity not exceeding 6160 or 201200 (snellen) in the better eye with correcting lenses; or
(iii) Limitation of the field of vision subtending an angle of 20 degree or worse;
(c) "Central Co-ordination Committee" means the Central Co-ordination Committee constituted under sub-section (1) of section 3;
(d) "Central Executive Committee" means the Central Executive Committee constituted under sub-section (1) of section 9;
(e) "Cerebral palsy" means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development;
(f) "Chief Commissioner" means the Chief Commissioner appointed under subsection (1) of section 57;
(g) "Commissioner" means the Commissioner appointed under sub-section (1) of section 60;
(h) "Competent authority" means the authority appointed under section 50;
(i) "Disability" means-
(I) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;
(j) "Employer" means,-
(i) In relation to a Government, the authority notified by the Head of the Department in this behalf or where no such authority is notified, the Head of the Department; and
(ii) In relation to an establishment, the chief executive officer of that the establishment;
(k) "Establishment" means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 617 of 'the Companies Act, 1956 and includes Departments of a Government;
(l) "Hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of' frequencies;
(m) "Institution for persons with disabilities" means an institution for the reception. Care, protection, education, training, rehabilitation or any other service of persons with disabilities;
(n) "Leprosy cured person" means any person who has been cured of leprosy but is suffering from-
(i) Loss of sensation in hands or feet as well as loss of sensation and paresis in the eye and eye-lid but with no manifest deformity;
(ii) Manifest deformity and paresis; but having sufficient mobility in their hands and feet to enable them to engage in normal economic activity;
(iii) Extreme physical deformity as well as advanced age which prevents him from undertaking any gainful occupation, and the expression "leprosy cured" shall be construed accordingly;
(o) "Loco motor disability" means disability of the bones, joints muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy,
(p) "Medical authority" means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government;
(q) "Mental illness" means any mental disorder other than mental retardation;
(r) "Mental retardation" means a condition of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;
(s) "Notification" means a notification published in the, Official Gazette;
(t) "Person with disability" means a person suffering from not less than forty per cent. of any disability as certified by a medical authority;
(u) "Person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;
(v) "Prescribed" means prescribed by rules made under this Act;
(w) "Rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels;
(x) "Special Employment Exchange" means any office or place established and maintained by the Government for the collection and furnishing of information, either by keeping of registers or otherwise, respecting-
(i) Persons who seek to engage employees from amongst the persons suffering from disabilities;
(ii) Persons with disability who seek employment;
(iii) Vacancies to which person with disability seeking employment may be appointed;
(y) "State Co-ordination Committee" means the State Co-ordination Committee constituted under sub-section (1) of section 19;
(z) "State Executive Committee" means the State Executive Committee constituted under sub-section (l) of section 19
CHAPTER II THE COORDINATION COMMITTEE
3. (1) The Central Government shall by notification constitute a body to be known as the Central Co-ordination Committee to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Central Co-ordination Committee shall consist of-
(a) The Minister in charge of the Department of Welfare in the Central Government, Chairperson, ex officio;
(b) The Minister of State in-charge of the Department of Welfare in the Central Government, Vice-Chairperson, ex officio;
(c) Secretaries to the Government of India in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel, Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology. Legal Affairs, Public Enterprises, Members, ex officio;
(d) Chief Commissioner, Member, ex officio;
(e) Chairman Railway Board, Member, ex officio;
(f) Director-General of Lab our, Employment and Training, Member, ex officio;
(g) Director, National Council for Educational Research and Training, Member, ex officio;
(h) Three Members of Parliament. of whom two shall be elected by the House of the People and one by the Council of States, Members;
(I) Three persons to be nominated by the Central Government to represent the interests, which in the opinion of that Government ought to be represented, Members;
(j) Directors of the-
(I) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secundrabad;
(iii) National Institute for the Orthopaedically Handicapped, Calcutta;
(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Bombay,
Members, ex officio;
(k) Four Members to be nominated by the Central Government by rotation to represent the States and the Union territories in such manner as may be prescribed by the Central Government:
Provided that no appointment under this clause shall be made except on the recommendation of the State Government or, as the case may be, the Union territory;
(l) Five persons as far as practicable, being persons with disabilities. to represent non-governmental Organizations or associations which are concerned with disabilities, to he nominated by the Central Government, one from each area of disability, Members:
Provided that while nominating persons under this clause, the Central Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
(m) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio.
(3) The office of the Member of the Central Co-ordination Committee shall not disqualify its holder for being chosen as or for being a Member of either House of Parliament.
4. (1) Save as otherwise provided by or under this Act a Member of Central Co-ordination Committee nominated under clause (i) or clause (l) of sub-section (2) of section 3 shall hold office for a term of three years from the date of his nomination:
Provided that such a Member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The term of office of an ex officio Member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated.
(3) The Central Government may if it thinks fit remove any Member nominated under clause (i) or clause (1) of subsection (2) of section 3, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(4) A Member nominated under clause (i) or clause (1) of subsection (2) of section 3 may at any time resign his office by writing under his hand addressed to the Central Government and the seat of the said Member shall thereupon become vacant.
(5) A casual vacancy in the Central Co-ordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so Dominated.
(6) A Member nominated under clause (i) or clause (l) of subsection (2) of section 3 shall be eligible for (7) Members nominated under clause (i) and clause (1) of sub-section (2) of section 3 shall receive such allowances as may, be prescribed by the Central Government.
5. (1) No person shall be a Member of the Central Coordination Committee, who-
(a) Is, or at any time has been, adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
(b) Is of unsound mind and stands so declared by a competent court, or
(c) Is or has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or
(d) Is or at any time has been convicted of an offence under this Act. or
(e) Has so abused in the opinion of the Central Government his position as a Member as to render his continuance in the Central Coordination Committee detrimental to the interests of the general public.
(2) No order of removal shall be made by the Central Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 4, a Member who has been removed under this section shall not be eligible for renomination as a Member.
6. If a Member of the Central Coordination Committee becomes subject to any of the disqualifications specified in section 5, his scat shall become vacant.
7. Lie Central Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.
8. (1) Subject to the provisions of this Act, the function of the Central Coordination Committee shall be to serve as the national focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.
(2) In particular and without prejudice to the generality of the foregoing, the Central Coordination Committee may perform all or any, of the following functions, namely:-
(a) Review and coordinate the activities of all the Departments of Government and other Governmental and non-Govemmental Organizations which are dealing with matters relating to persons with disabilities;
(b) Develop a national policy to address issues faced by, persons with disabilities;
(c) Advise the Central Government on the formulation oil policies, programmes, legislation and projects with respect to disability,
(d) Take up the cause of persons with disabilities with the concerned authorities and the international organizations with a view, to provide for schemes and projects for the disabled in the national plans and other programmes and policies evolved by the international agencies;
(e) Review in consultation with the donor agencies their funding policies from the perspective of their impact on persons with disabilities;
(f) Take such other steps to ensure barrier free environment in public places, work places, public utilities, schools and other institutions;
(g) Monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;
(h) To perform such other functions as may be prescribed by the Central Government.
9. (1) The Central Government shall constitute a Committee to be known as the Central Executive Committee to perform the functions assigned to it under this Act.
(2) The Central Executive Committee shall consist of-
(a) The Secretary to the Government of India in the Ministry of Welfare, Chairperson, ex officio;
(b) The Chief Commissioner, Member, ex officio;
(c) The Director-General for Health Services, Member, ex officio;
(d) The Director-General, Employment and Training, Member, ex officio;
(e) Six persons not below the rank of a Joint Secretary to the Government of India, to represent the Ministries or Departments of Rural Development, Education. Welfare, Personnel Public Grievances and Pension and Urban Affairs and Employment, Science and Technology, Members, ex officio;
(f) The Financial Advisor, Ministry of Welfare in the Central Government, Member, ex officio;
(g) Advisor (Tariff) Railway Board, Member, ex officio;
(h) Four members to be nominated by the Central Government, by rotation, to represent the State Governments and the Union territories in such manner as may be prescribed by the Central Government;
(i) One person to be nominated by the Central Government to represent the interest, which in the opinion of the Central Government ought to be represented, Member;
(j) Five persons, as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to he nominated by the Central Government, one from each area of disability, Members:
(k) Joint Secretary to the Government of India in the Ministry of Welfare dealing with the welfare of the handicapped, Member-Secretary, ex officio.
(3) Members nominated under clause (i) and clause (j) of sub-section (2) shall receive such allowances as may be prescribed by the Central Government.
(4) A Member nominated under clause (i) or clause (i) of sub-section (2) may at any time resign his office by writing under his hand addressed to the Central Government and the scat of the said Member shall thereupon become vacant.
10. (1) The Central Executive Committee shall be the executive body of the Central Coordination Committee and shall be responsible for carrying out the decisions of the Central Coordination Committee.
(2) Without prejudice to the provisions of sub-section (1), the Central Executive Committee shall also perform such other functions as may be delegated to it by the Central Coordination Committee.
11. The Central Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by the Central Government.
12. (1) The Central Executive Committee may associate with itself in such manner and for such purposes as may be prescribed by the Central Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the Central Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the Central Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not be a member for any other purpose.
(3) A person associated with the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the Central Government.
CHAPTER III. THE STATE COORDINATION COMMITTEE
13. (1) Every State Government shall, by notification, constitute a body to be known as the State Coordination Committee to exercise the powers conferred on, and to perform the function assigned to it, under this Act.
(2) the State Coordination Committee shall consist of-
(a) The Minister in-charge of the Department of Social Welfare in the State Government, Chairperson, ex officio;
(b) the Minister of State in-charge of the Department of Social Welfare, if any, Vice-Chairperson, ex officio;
(c) Secretaries to the State Government in-charge of the Departments of Welfare, Education, Woman and Child Development, Expenditure, Personnel Training and Public Grievances, Health, Rural Development, Industrial Development, Urban Affairs and Employment, Science and Technology, Public Enterprises, by whatever name called, Members, ex officio;
(d) Secretary of any other Department, which the State Government considers necessary, Member, ex officio;
(e) Chairman Bureau of Public Enterprises (by whatever name called) Member, ex officio;
(f) Five persons, as far as practicable, being persons with disabilities, to represent non-governmental organizations or associations which are concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members:
Provided that while nominating persons under this clause, the State Government shall nominate at least one woman and one person belonging to Scheduled Castes or Scheduled Tribes;
(g) Three Members of State Legislature, of whom two shall be elected by the Legislative Assembly and one by the Legislative Council, if any;
(h) Three persons to be nominated by that State Government to represent agriculture, industry or trade or any other interest, which in the opinion of State Government ought to be represented, Members, ex officio;
(i) The Commissioner, Member, ex officio;
(j) Secretary to the State Government dealing with the welfare of the handicapped, Member-Secretary, ex officio.
(3) Notwithstanding anything contained in this section, no State Coordination Committee shall be constituted for a Union territory and in relation to a Union territory; the Central Coordination Committee shall exercise the functions and perform the functions of a State Coordination Committee for the Union territory:
Provided that in relation to a Union territory. The Central Coordination Committee may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.
14. (1) Save as otherwise provided by or under this Act, a Member of a State Coordination Committee nominated under clause (f) or clause (h) of subsection (2) of section 13 shall hold office for a term of three years from the date of his nomination:
(3) The State Government may, if it thinks fit, remove any7 Member nominated under clause (f) or clause (h) of sub-section (2) of section 13, before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the same.
(4) A Member nominated under clause (f) or clause (h) of sub-section (2) of section 13 may. At any time, resign his office by writing under his hand addressed to the State Government and the seat of the said Member shall thereupon become vacant.
(5) A casual vacancy in the State Coordination Committee shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the Member in whose place he was so nominated.
(6) A Member nominated under clause (f) and clause (h) of sub-section (2) of section 13 shall be eligible for renomination.
(7) Members nominated under clause (f) and clause (h) of sub-section (2) of section13 shall receive such allowances as may he prescribed by the State Government.
15. (1) No pet-son shall he a Member of the State Coordination Committee, who--
(a) Is, or at any time, has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
(c) Is or has been convicted of an offence which in the opinion of the State Government involves moral turpitude, or
(d) Is or at any time has been convicted of an offence under this Act or
(e) Has so abused, in the opinion of the State Government, his position as a member as to render his continuance in the State Coordination Committee detrimental to the interests of the general public.
(2) No order of removal shall be made by the State Government under this section unless the Member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 14, a Member who has been removed under this section shall net be eligible for renomination as a Member.
16. If a Member of the State Coordination Committee becomes subject to any of the disqualifications specified in section 15, his seat shall become vacant.
17. The State Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.
18. (1) Subject to the provisions of this Act, the function of the State Coordination Committee shall be to serve as the state focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities.
(2) In particular and without prejudice to the generality of the foregoing function the State Coordination Committee may, within the State perform all or any of the following functions, namely.-
(a) Review and coordinate the activities of all the Departments of Government and other Governmental and non-Govemmental Organizations which are dealing with matters relating to persons with disabilities.,
(b) Develop a State policy to address issues faced by persons with disabilities;
(c) Advise the State Government on the formulation of policies. Programmes, legislation and projects with respect to disability;
(d) Review, in consultation with the donor agencies, their funding from the perspective of their impact on persons with disabilities;
(e) Take such other steps to ensure barrier free environment in pupil’s places. Work places, public utilities, schools and other institutions;
(f) Monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of persons with disabilities;
(g) To perform such other functions as may be prescribed by the State Government
19. (1) The State Government shall constitute a committee to be known as the State Executive Committee to perform the functions assigned to it under this Act.
(2) The State Executive Committee shall consist of-
(a) The Secretary, Department of Social Welfare, Chairperson, ex officio;
(b) The Commissioner, Member, ex officio;
(c) Nine persons not below the rank of a Joint Secretary to the State Government, to represent the Departments of Health, Finance, Rural Development, Education, Welfare, Personnel Public Grievances, Urban Affairs Labor and Employment, Science and Technology, Members, ex officio;
(d) One person to be nominated by the State Government to represent the interest, which in the opinion of the State Government ought to be represented. Member;
(e) Five persons, as far as practicable being persons with disabilities. to represent non-governmental organizations or associations which arc concerned with disabilities, to be nominated by the State Government, one from each area of disability, Members:
(f) Joint Secretary dealing with the disability division in the Department of Welfare, Member-Secretary, ex officio.
(3) Members nominated under clause (d) and clause (e) of sub-section (2) shall receive such allowances as may be prescribed by the State Government.
(4) A Member nominated under clause (d) or clause (e) may at any time resign his office by writing under his hand addressed to the State Government and the scat of the said Member shall thereupon become vacant.
20. (1) The State Executive Committee shall be the executive body of the State Coordination Committee and shall be responsible for carrying out the decisions of the State Coordination Committee.
(2) Without prejudice to the provisions of sub-section (1), the State Executive Committee shall also perform such other functions as may be delegated to it by the State Coordination Committee.
21. The State Executive Committee shall meet at least once in three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by, the State Government.
22. (1) The State Executive Committee may associate with itself in such manner and for such purposes as may he prescribed by the State Government any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the State Executive Committee under sub-section (1) for any purpose shall have the right to take part in the discussions of the State Executive Committee relevant to that purpose, but shall not have a right to vote at a meeting of the said Committee, and shall not he a member for any other purpose.
(3) A person associated wills the said Committee under sub-section (1) for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the said Committee, as may be prescribed by the State Government.
23. In the performance of its functions under this Act,-
(a) The Central Coordination Committee shall be bound by such directions in writing, as the Central Government may give to it; and
(b) The State Coordination Committee shall be bound by such directions in writing, as the Central Coordination Committee or the State, Government may give to it:
Provided that where a direction given by the State Government is inconsistent with any direction given by the Central Coordination Committee, the matter shall be referred to the Central Government for its decision.
24. No act or proceeding of the Central Coordination Committee, the Central Executive Committee, a State Coordination Committee or a State Executive Committee shall be called in question on the ground merely on the existence of any vacancy in or any defect in the constitution of such Committees.
CHAPTER IV PREVENTATION AND EARLY DETECTION OF DISABILITIES
25. Within the limits of their economic capacity and development, the appropriate Governments and the local authorities, with a view to preventing the occurrence of disabilities, shall-
(a) Undertake or cause to be undertaken surveys, investigations and research concerning the cause of occurrence of disabilities;
(b) Promote various methods of preventing disabilities;
(c) Screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
(d) Provide facilities for training to the staff at the primary health centers;
(e) Sponsor or cause to be sponsored awareness campaigns and is disseminated or cause to be disseminated information for general hygiene. Health and sanitation,
(f) Take measures for pre-natal, parental and post-natal care of mother and child;
(g) Educate the public through the pre-schools, schools, primary health Centers, village level workers and anganwadi workers;
(h) Create awareness amongst the masses through television, radio and other mass media on the causes of disabilities and the preventive measures to be adopted;
26. The appropriate Governments and the local authorities shall-
(a) Ensure that every child with a disability has access to free education in an appropriate environment till he attains the age of eighteen years;
(b) Endeavor to promote the integration of students with disabilities in the normal schools;
(c) Promote setting up of special schools in Government and private sector for those in need of special education, in such a manner that children with disabilities living in any part of the country have access to such schools;
(d) Endeavor to equip the special schools for children with disabilities with vocational training facilities.
27. The appropriate Governments and the local authorities shall by notification make schemes for-
(a) Conducting part-time classes in respect of children with disabilities who having completed education up to class fifth and could not continue their studies on a whole-time basis;
(b) Conducting special part-time classes for providing functional literacy for children in the age group of sixteen and above;
(c) Imparting non-formal education by utilizing the available manpower in rural areas after giving them appropriate orientation;
(d) Imparting education through open schools or open universities;
(e) Conducting class and discussions through interactive electronic or other media;
(f) Providing every child with disability free of cost special books and equipments needed for his education.
28. The appropriate Governments shall initiate or cause to be initiated research by official and non-governmental agencies for the purpose of designing and developing new assistive devices, teaching aids, special teaching materials or such other items as are necessary to give a child with disability equal opportunities in education.
29. The appropriate Governments shall set up adequate number of teachers' training institutions and assist the national institutes and other voluntary organizations to develop teachers' training programmes specializing in disabilities so that requisite trained manpower is available for special schools and integrated schools for children with disabilities.
30. Without prejudice to the foregoing provisions, (be appropriate Governments shall by notification prepare a comprehensive education scheme which shall make Provision for-
(a) Transport facilities to the children with disabilities or in the alternative financial incentives to parents or guardians to enable their children with disabilities to attend schools.
(b) The removal of architectural barriers from schools. colleges or other institution, imparting vocational and professional training;
(c) The supply of books, uniforms and other materials to children with disabilities attending school.
(d) The grant of scholarship to students with disabilities..
(e) Setting up of appropriate fora for the redressal of grievances of parent, regarding the placement of their children with disabilities;
(f) Suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision;
(g) Restructuring of curriculum for the benefit of children with disabilities;
(h) restructuring the curriculum for benefit of students with hearing impairment to facilitate them to take only one language as part of their curriculum.
31. All educational institutions shall provide or cause to be provided amanuensis to blind students and students with or low vision.
32. Appropriate Governments shall--
(a) Identify posts, in the establishments, which can be reserved for the persons with disability;
(b) At periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.
33. Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent. for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-
(i) Blindness or low vision;
(ii) Bearing impairment;
(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
34. (1) The appropriate Government may, by notification. Require that from such date as May he specified. By notification. The employer in every establishment shall furnish such information or return as may be prescribed in relation to vacancies appointed for person, with disability that have occurred or are about to occur in that establishment to such Special Employment Exchange as may be prescribed and the establishment shall thereupon comply with such requisition.
(2) The form in which and the intervals of time for which information or returns shall be furnished and the particulars, they shall contain shall be such as may be prescribed.
35. Any person authorized by the Special Employment Exchange in writing, shall have access to any relevant record or document in the possession of any establishment, and may enter at any reasonable time and premises where he believes such record or document to be, and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information.
36. Where in any recruitment year any vacancy under section 33, cannot be filled up due to non-availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if ;r the succeeding recruitment year also suitable person with disability is not available, it may first be filled by interchange among the three categories and only when there is no parson with disability available for the post in that Year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person can not be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.
37. (1) Every employer shall maintain such record in relation to the person. With disability employed in his establishment in such form and in such manner as may be prescribed by the appropriate Government.
(2) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours by such persons as may be authorized in this behalf by general or special order by the appropriate Government.
38. (1) The appropriate Governments and local authorities shall by notification formulate schemes for ensuring employment of persons with disabilities, and such schemes may provide for-
(a) The training and welfare of persons with disabilities;
(b) The relaxation of upper age limit;
(c) Regulating the employment;
(d) Health and safety measures and creation of a non-handicapping environment in places where persons with disabilities are employed;
(e) The manner in which and the person by whom the cost of operating the schemes is to be defrayed; and
(f) Constituting the authority responsible for the administration of the scheme.
39. All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities.
40. The appropriate Governments and local authorities shall reserve not less than three per cent. in all poverty alleviation schemes for the benefit of persons with disabilities.
41. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide incentives to employers both in public and private sectors to ensure that at least five per cent. of their work force is composed of persons with disabilities.
42. The appropriate Governments shall by notification make schemes to provide aids and appliances to persons with disabilities.
43. The appropriate Governments and local authorities shall by notification frame schemes in favor of persons with disabilities, for the preferential allotment of land at concession] rates for-
(a) House;
(b) Setting up business;
(c) Setting up of special recreation centers;
(d) Establishment of special schools;
(e) Establishment of research centers;
(f) Establishment of factories by entrepreneurs with disabilities
CHAPTER VIII NON-DISCRIMINATION
44. Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to-
(a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons;
(b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently.
45. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for-
(a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap;
(b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users;
(c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision;
(d) Engraving on the edges of railway platforms for the blind or for persons with low vision;
(e) Devising appropriate symbols of disability;
(f) Warning signals at appropriate places.
46. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for-
(a) Ramps in public buildings;
(b) Braille symbols and auditory signals in elevators or lifts;
(c) Braille symbols and auditory signals in elevators or lifts;
(d) Ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.
47. (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service. Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits.
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
48. The appropriate Governments and local authorities shall promote and sponsor research, inter alia,, in the following areas-
(a) Prevention of disability;
(b) Rehabilitation including community based rehabilitation;
(c) Development of assistive devices including their psychosocial aspects;
(d) Job identification;
(e) On site modifications in offices and factories.
49. The appropriate Governments shall provide financial assistance to universities, other institutions of higher learning, professional bodies and non-governmental research-. units or institutions, for undertaking research for special education. rehabilitation and manpower development.
CHAPTER X. RECOGNITION OF INSTITUTIONS FOR PERSONS WITH DISABILITIES
50. The State Government shall appoint any authority, as it deems fit to be a competent authority for the purposes of this Act.
51. Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except under and in accordance with a certificate of registration issued in this behalf by the competent authority:
Provided that a person maintaining an institution for persons with disabilities immediately before the commencement of this Act may continue to maintain such institution for a period of six months from such commencement and if he has made an application for such certificate under this section within the said period of six months, till the disposal of such application.
52. (1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and where it is satisfied that the applicant has cornplied with the requirements of this Act and the rules made thereunder it shall grant a certificate of registration to the applicant and where it is not so satisfied the competent authority shall. by order. refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate the competent authority shall give to the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall he communicated to the applicant in such manner as may be prescribed by the State Government.
(3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and maintain such standards as may be prescribed by the State Government.
(4) A certificate of registration granted under this section,-
(a) Shall, unless revoked under section 53, remain in force for such period as may, be prescribed by, the State Government.
(b) May be renewed from time to time for a like period; and
(c) Shall be in such form and shall be subject to such conditions as may be Prescribed by the State Government
(5) An application for renewal of a certificate of registration shall be made not less than sixty days before the period of validity.
(6) The certificate of registration shall he displayed by the institution in a conspicuous place.
53. (1) the competent authority may, if it has reasonable cause to believe that the
Holder of the certificate of registration granted under sub-section (2) of section 52 has -
(a) Made a statement in relation to any application for the issue of renewal of the certificate which is incorrect or false in material particulars; or
(b) Committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted,
it may after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such order shall he made until an opportunity is given to the holder of the certificate to show cause as to why the certificate should not be revoked.
(2) Where a certificate in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation.
Provided that where an appeal lies under section 54 against the order of revocation, such institution shall cease to function—
(a) Where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal, or
(b) Where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
(3) On the revocation of a certificate in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be-
(a) Restored to the custody of her or his parent, spouse or lawful guardian, as the case may be, or
(b) Transferred to any other institution specified by the competent authority.
(4) Every institution, which holds a certificate of registration, which is revoked, under this section shall, immediately after such revocation. Surrender such certificate to the Competent authority.
54. (1) Any person aggrieved by the order of the competent authority, refusing to grant a certificate or revoking a certificate may, within such period as may he prescribed by the State Government, prefer an appeal to that Government against such refusal or revocation.
(2) The order of the State Government on such appeal shall he final.
55. Nothing contained in this Chapter shall apply, to an institution for persons with disabilities established or maintained by the Central Government or State Government.
CHAPTER XI. INSTITUTION FOR PERSONS WITH SEVERE DISABILITIES
56. The appropriate Government may establish and maintain institutions for persons with severe disabilities at such places as it thinks fit.
(2) Where, the appropriate Government is of opinion that any institution other than an institution. Established under sub-section (1), is fit for the rehabilitation of the persons with severe disabilities, the Government may recognize such institution as an institution for persons with severe disabilities for the purposes of this Act:
Provided that no institution shall be recognized under this section unless such institution has complied with the requirements of this Act and the rules made there under.
(3) Every institution established under sub-section (1) shall be maintained in such manner and satisfy such conditions as may be prescribed b), the appropriate Government.
(4) For the purposes of this section "person with severe disability" means a person with eighty per cent. or more of one or more disabilities.
57. (1) The Central Government may, by notification appoint a Chief Commissioner for persons with disabilities for the purposes of this Act.
(2) A person shall not be qualified for appointment as the Chief Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(3) The salary and allowances payable to and other terms and conditions of service (including pension, gratuity and other retirement benefits of the Chief Commissioner shall be such as may be prescribed by the Central Government.
(4) The Central Government shall determine the nature and categories of officers and other employees required to assist the Chief Commissioner in the discharge of his functions and provide the Chief Commissioner with such officers and other employees as it thinks fit.
(6) The salaries and allowances and other conditions of service of officers and employees provided to the Chief Commissioner shall be such as may be prescribed by the Central Government.
58. The Chief commissioner shall ---
(a) Coordinate the work of the Commissioners;
(b) Monitor the utilization of' funds disbursed by the Central Government;
(c) Take steps to safeguard the rights and facilities made available to Persons with disabilities;
(d) Submit reports to the Central Government on the implementation of the Act at such intervals as that Government may prescribe.
59. Without prejudice to the provisions of section 58 the Chief Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to --
(a) Deprivation of rights of persons with Disabilities.
(b) Non-implementation of laws, rules, byelaws, regulations. Executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights or persons with disabilities. And take up the matter with the appropriate authorities.
60. (1) Every State Government may, by notification appoint a Commissioner for persons with disabilities for the purpose of this Act.
(2) A person shall not be qualified for appointment as a Commissioner unless he has special knowledge or practical experience in respect of matters relating to rehabilitation.
(3) The salary and allowances payable to and other terms and conditions of service (including pension gratuity and other retirement benefits) of the Commissioner shall be such as may he prescribed by the State Government.
(4) The State Government shall determine the nature and categories of officers and other employees required to assist the Commissioner in the discharge of his functions and provide the Commissioner with such officers and other employees as it thinks fit.
(5) The officers and employees provided to the Commissioner shall discharge their functions under the general superintendence of the Commissioner.
(6) The salaries and allowances and other conditions of service of officers and employees provided to the Commissioner shall be such as may he prescribed by the State Government.
61. The Commissioner within the State shall-
(a) Coordinate with the departments of the State Government for the programmes and schemes, for the benefit of persons with disabilities;
(b) Monitor the utilization of funds disbursed by the State Government;
(c) Take steps to safeguard the rights and facilities made available to persons with disabilities.
(d) Submit reports to the State Government on the implementation of the Act at such intervals as that Government may prescribe and forward a copy thereof to the Chief Commissioner.
62. Without prejudice to the provisions of section 61 the Commissioner may of his own motion or on the application of any aggrieved person or otherwise look into complaints with respect to matters relating to---
(a) Deprivation of rights of persons with disabilities;
(b) Non-implementation of laws, rules, bye-laws, regulations, executive orders, guidelines or instructions made or issued by the appropriate Governments and the local authorities for the welfare and protection of rights of persons with disabilities, And take up the matter with the appropriate authorities.
63. The Chief Commissioner and the Commissioners shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of witnesses;
(b) Requiring the discovery and production of any documents;
(c) Requisitioning any public record or copy thereof from any court or office;
(d) Receiving evidence on affidavits; and
(e) Issuing commissions for the examination of witnesses or documents.
(2) Every proceeding before the Chief Commissioner and Commissioners shall be a judicial proceeding within the meaning directions 193 and 228 of the Indian Penal Code and the Chief Commissioner, the Commissioner, the competent authority, shall be deemed to he a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
64. (1) The Chief Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the Central Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the Central Government.
(2) The Central Government shall cause the annual report to be laid before each House of Parliament along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the Central Government and the reasons for non-acceptance, if any, of any such recommendation or part.
65. (1) The Commissioner shall prepare in such form and at such time for each financial year as may be prescribed by the State Government an annual report giving a full account of his activities during the previous financial year and forward a copy thereof to the State Government.
The State Government shall cause the annual report to be laid before each State Legislature along with the recommendations explaining the action taken or proposed to be taken on the recommendation made therein in so far as they relate to the State Government and the reasons for non-acceptance, if any, of any such recommendation or part.
66. (1) The appropriate Governments and the local authorities shall within the limits of their economic capacity and development undertake or cause to be undertaken rehabilitation of all persons with disabilities.
(2) For purposes of sub-section (1), the appropriate Governments and local authorities shall grant financial assistance to non-governmental organizations.
(3) The appropriate Governments and local authorities while formulating rehabilitation policies shall consult the non-governmental organizations working for the cause of persons with disabilities.
67. (1) The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.
(2) Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.
68. The appropriate Governments shall within the limits of their economic capacity and development shall by notification frame a scheme for payment of an unemployment allowance to persons with disabilities registered with the Special Employment Exchange for more than two years and who could not he placed in any gainful occupation.
69. Whoever fraudulently avails or attempts to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both.
70. The Chief Commissioner, the Commissioners and other officers and staff provided to them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
71. No suit, prosecution or other legal proceeding shall lie against the Central Government, the State Governments or the local authority or any officer of the Government in respect of anything which is done in good faith or intended to be done in pursuance of this Act and any rules or orders made there under.
72. The provisions of this Act, or the rules made there under shall be in addition to, and not in derogation of any other law for the time being in force or any rules, order or any instructions issued there under, enacted or issued for the benefit of persons with disabilities.
73. (1) The appropriate Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) The manner in which a State Government or a Union territory shall be chosen under clause (k) of sub-section (2) of section 3;
(b) Allowances, which members shall receive under subsection (7) of section 4;
(c) Rules of procedure, which the Central Coordination Committee shall observe in regard to the transaction of business in its meetings under section 7;
(d) Such other functions, which the Central Coordination Committee may perform under clause (h) of sub-section (2) of section 8;
(e) The manner in which a State Government or a Union Territory shall be chosen under clause (h) of sub-section (2) of section 9;
(f) The allowances, which the Members shall receive under sub-section (3) of section 9;
(g) Rules of procedure, which the Central Executive Committee shall observe in regard to transaction of business at its meetings under section 11;
(h) The manner and purposes for which a person may be associated under sub-section (I) of section 12;
(i) Fees and allowances which a person associated with the Central Executive Committee shall received under sub-section (3) of section 12;
(j) Allowances which members shall received under sub-section (7) of section 14;
(k) Rules of procedure, which a State Coordination Committee shall observe in regard to transaction of business in its meetings under section 17;
(l) Such other functions, which a State Coordination Committee may perform under clause (g) of sub-section (2) of section 18;
(m) The allowances, which Members shall receive under sub-section (3) of section 19;
(n) Rules of procedure, which a State Executive Committee shall observe in regard to transaction of business at its meetings under section 21;
(o) The manner and purposes for which a person may be associated under sub-section (1) of section 22;
(p) Fees and allowances which a person associated with the State Executive Committee may receive under sub-section (3) of Section 22;
(q) Information or return which the employer in every establishment should furnish and the Special Employment Exchange to which such information or return shall be furnished under sub-section (1) of section 34;
(r) The form and the manner in which record shall be maintained by an employer under sub-section (1) of section 37;
(s) The form and manner in which an application shall be made under sub-section (1) of section 52;
(t) The manner in which an order of refusal shall be communicated under sub-section (2) of section 52;
(u) Facilities or standards required to be provided or maintained under sub-section (3) of section 52;
(v) The period for which a certificate of registration shall be valid under clause (a) of sub-section (4) of section 52;
(w) The form in which and conditions subject to which a certificate of registration shall be granted under clause (c) of sub-section (4) of section 52;
(x) Period within which an appeal shall lie under sub-section (1) of section 54;
(y) The manner in which an institution for persons with severe disabilities shall be maintained and conditions which have to be satisfied under sub-section (3) of section 56;
(z) The salary, allowances and other terms and conditions of service of the Chief Commissioner under sub-section (6) of section 57;
(za) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 57;
(zb) intervals at which the Chief Commissioner shall report to the Central Government under clause (d) of section 58;
(zc) the salary, allowances and other terms and conditions of service of the Commissioner under sub-section (3) of section 60;
(zd) the salary, allowances and other conditions of service of officers and employees under sub-section (6) of section 60;
(ze) intervals within which the Commissioner shall report to the State Government under clause (d) of section 61;
(zf) the form and time in which annual report shall be prepared under sub-section (1) of section 64;
(zg) the form and time in which annual report shall be prepared under sub-section (1) of section 65;
(zh) any other matter which is required to be or may be prescribed.
(3) Every notification made by the Central Government under die proviso to section 33, proviso to sub-section (2) of section 47, every scheme framed by it under section 27, section 30, sub-section (1) of section 38. section 42, section 43, section 67, section 68 and every rule made by it under sub-section (1). shall be laid. as soon as may be after it is made, before each House of Parliament, while it is in session for a tow period of thirty days which may be comprised in one session or in two or more successive sessions, and if. before the expiry of the session immediately following the session or the successive sessions aforesaid, berth Houses agree in making any modification in the rule, notification or scheme, both Houses agree that the rule, notification or scheme should not be
Made, the rule, notification or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Notification or scheme, as the case may be.
(4) Every notification made by the State Government under the provison to section 33 proviso to sub-section (2) of section 47, every scheme made by it under section 27, section 30, sub-section (1) of section 38, section 42. section 43, section 67. section 68 and every rule made by it under sub-section (1), shall be laid. as soon as may be after it is made, before each House of State Legislature, where it consists of two Houses or where such legislature consists of one House before that House.
74. In section 12 of the Legal Services Authorities Act. 1987, for clause (d), the following clause shall he substituted, namely:-
"(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act. 1995."
K. L. MOHANPURIA
Secy. to the Govt. of India
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We don't have a trillion-dollar debt because we haven't taxed enough; we have a trillion-dollar debt because we spend too much
Quote by Ronald Reagan
Topics: Money Quotes
The one irrefutable lesson of the entire postwar period [is] contradicting the notion that rigid...
Democracy is less a system of government than it is a system to keep government...
Freedom is the recognition that no single person, no single authority or government has a...
Are you willing to spend time studying the issues, making yourself aware, and then conveying...
What makes him think a middle aged actor [Clint Eastwood], who's played with a chimp,...
I've noticed that everybody that is for abortion has already been born.
A tree's a tree. How many more do you need to look at?
Before I refuse to take your questions, I have an opening statement.
It's silly talking about how many years we will have to spend in the jungles...
We've gone astray from first principles. We've lost sight of the rule that individual freedom...
No matter what time it is, wake me, even if it's in the middle of...
Our whole system of government is based on We the people, but if we the...
It's difficult to believe that people are still starving in this country because food isn't...
Freedom is never more than one generation away from extinction. We didn't pass it to...
Democracy, I do not conceive that ever God did ordain as a fit government either...
We who live in free market societies believe that growth, prosperity and ultimately human fulfillment,...
Each generation goes further than the generation preceding it because it stands on the shoulders...
We should declare war on North Vietnam. We could pave the whole country and put...
There are no easy answers' but there are simple answers. We must have the courage...
We're in greater danger today than we were the day after Pearl Harbor. Our military...
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Husband Sayings and Quotes
Providing for one's family as a good husband and father is a watertight excuse for making money hand over fist. Greed may be a sin, exploitation of other people might, on the face of it, look rather nasty, but who can blame a man for 'doing the best' for his children?
Eva Figes
Children, Father, Husband
Providing for one's family as a good husband and father is a water-tight excuse for making money hand over fist.
Father, Hands, Husband
No marriage or family, no ward or stake is likely to reach its full potential until husbands and wives, mothers and fathers, men and women work together in unity of purpose.
Father, Husband, Mother
Children need love and discipline. They need mothers and fathers. A welfare check is not a husband. The state is not a father.
Children, Husband, Mother
If women have become innocent victims, if women running around today are unable to protect themselves, if the picture that we're painting, if the caricature we are creating is of women that are helpless waifs who are at risk of predator men throughout the busy day, then we have to somehow involve Hillary Clinton in that recipe in truthful and honest ways. That, when it came to defending and protecting women who alleged that they had been abused or even raped by her husband, those women were nothing but scum who had to be dispatched and just swept out of the way.
Husband, Men, Running
If you want a successful marriage, let your husband do what he wants to do.
Husband, Successful, Want
Her [Hillary Clinton's] husband is running around on her with everything that walks. He's having an affair with Gennifer Flowers, he's having an affair with... I forget the names, but they're legion. He's cheating on her frequently, and she knows about it and yet puts up with it and stays in Arkansas. Why? At the beginning of feminism, when this is exactly the kind of boorish behavior women are not gonna put up with anymore, no way.
Cheating, Husband, Running
I think it's a Pew survey of Millennials, and the first one is that more and more Millennial-aged women are ashamed and embarrassed that they earn more than their husbands or boyfriends.
Ashamed, Husband, Thinking
In 1970, you went to school to find your husband.
Husband, School, Your Husband
What Hillary Clinton is known for is the bimbo eruptions unit. What she is known for - and the reason that she has been nominated - is that she saved her husband and thus saved the Democrat Party by agreeing to defend her husband and go after the women, and not just the women. She went after the entire conservative movement and blamed us for what her husband was doing! It was "the vast right-wing conspiracy."
Conservative, Husband, Party
We have the beginnings of feminism starting to rear its head, where all of that got blown up. The whole point of going to college became not to find a husband - screw that! - feminism became, "You don't want anything about a man to be defining you, and you don't want your relationship to define, you! You don't want a relationship to be your happiness. You certainly don't want marriage to be the sole determining reason you live".
College, Husband, Men
Hillary Clinton said that white women did not vote for her because their husbands told them not to. You remember that? And we all said, "Wait a minute. What happened to feminism? Who are all of these docile women who are only doing what their husbands and boyfriends tell 'em to do?" But Hillary said that. White women didn't vote for her because their husbands didn't like Hillary and their husbands are telling them.
Feminism, Husband, Waiting
Hillary throws that sexism victim card right down, starts crying, starts talking about how hard it's been. She was raising Chelsea, she was doing her best, and her husband was doing that, and the attacks are so mean and so cruel, the attacks are so vicious. And she hung in there. And then the other thing they do is say she didn't know, she's ignorant, she's not up to speed. I don't know how any of it jibes with the Smartest Woman in the World.
Husband, Ignorant, Mean
Hillary Clinton never had this kind of success with her invention of the vast right-wing conspiracy. She tried, but that bombed out compared to this. Back then, it was her husband that ended up being impeached despite her conspiracy theory. But, sadly, now the chants of "lock her up" are just a distant, bitter memory, and the Donald Trump administration is in the crosshairs.
Bitter, Husband, Memories
How is it that she [Hillary Clinton] ends up in Arkansas with a philandering husband who makes 25 grand a year as governor, and she has to provide the income for the family at the Rose Law Firm, in Arkansas? How does this that happen?
Husband, Law, Years
There is female-on-male spouse abuse. There are women who hit their husbands. But there must have been something that caused that because otherwise it wouldn't have happened.
Abuse, Husband, Males
Ladies, if you want a happy marriage, then do whatever your husband tells you without questioning his authority.
Happy Marriage, Husband, Want
If you dare go out and criticize Hillary Clinton, they'll call you "attacking the girl," "unfairly the attacking the girl" or "unfairly attacking her husband" and it becomes a whole different media narrative.
Girl, Husband, Media
Folks, don't lose perspective. Michelle Obama husband has been in office 7-1/2 years. This country is in the middle of a massive transformation. She's not gonna go out there and undercut her husband. She probably thinks that the things her husband has done that are transforming this country, that 94 million Americans aren't working... I mean, if you knew what to listen for, you could hear the push-button signs that she's still angry, still carries around a lot of resentment.
Country, Husband, Mean
The Hillary Clinton story basically is this. And see how similar this sounds to the old days before the modern era of feminism raised its head. You're a girl, you're a young woman, what do you do? You go off to college. That's what she did. Why do you go? To meet your husband. That's what she did. She wouldn't be where she is if it weren't for her husband.
College, Girl, Husband
Good husbands make good wives.
Martha Finley
Good Husband, Husband, Wife
I really felt that I had accomplished my goals in life. My first passion has always been to be a restaurateur, a good husband and father, and to provide for my family.
Guy Fieri
Father, Husband, Passion
I know how lucky I am. I never take it for granted. In this country [USA], anything can happen - anybody can be what they want to be. All I ever wanted was to be a good husband and father, a good chef, and to have my own restaurant. And the celebrity was never expected. Wouldn't have even dared dream of it. And here I am. So anyone's dreams can come true. And I'm very, very grateful for everything that's come my way. I thank everyone who enjoys what I do.
Country, Dream, Husband
No disease is more dangerous than a bad husband, for if a woman catches that Pox, she'll languish from it her entire life.
Disease, Husband, Pox
The gun lobby finds waiting periods inconvenient. You have only to ask my husband how inconvenient he finds his wheelchair from time to time.
Gun, Husband, Waiting
When a husband says, "I run things in my home" he may mean the washing machine, the dishwasher and the vacuum cleaner.
Home, Husband, Running
I don't really go to clubs anymore. I’m actually quite settled. Living in Highgate with my dog and my husband and my daughter! I’m not a hell-raiser. But don’t burst the bubble. Behind closed doors, for sure I’m a hell-raiser.
Daughter, Dog, Husband
I love my kids, I'm a proud father, a happy husband, and all of that. I live my life with my wife as a normal person, and that's that.
Kevin Federline
Father, Husband, Kids
I'm the fussiest eater on earth; my husband despairs. I like chicken and pasta, and can't resist milk chocolate. I figure if you're going to do something naughty, make it really enjoyable.
Bonnie Langford
Chocolate, Husband, Naughty
I was in civil society long before I was ever in politics or my husband was ever even elected president.
Husband, Long, President
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Drysdale ready to turn pro
November 6, 2008 November 6, 2008 by Jack Bratcher
Although BJJ phenom Robert Drysdale has had only one amateur MMA fight, apparently he’s ready to give it a go in the professional ranks.
The Fight Zone, Inc. sent out a press release today announcing that Robert Drysdale will be turning professional within MMA.
His announcement to turn pro is not surprising. What’s even more surprising to some is he even bothered having an amateur MMA bout at all.
Drysdale has been a dominant force in the world of jiu jitsu for several years winning dozens of titles including the highly coveted Abu Dhabi Submission Wrestling Championship, the BJJ Black Belt World Championship (4 times), and the National Brazilian Championship (5 times).
He has served as a coach for the former UFC Heavyweight Champion Frank Mir on Spike TV’s, The Ultimate Fighter and is the head Brazilian Jiu-Jitsu instructor at UFC Heavyweight Champion Randy Couture’s training facility, Xtreme Couture, in Las Vegas, Nevada.
Executive Director of The Fight Zone and Robert Drysdale’s coach, Skip Kelp, commented, “For the past few years Robert has almost completely dominated the world of Jiu-Jitsu. His advanced skills in this area will make him a formidable competitor in MMA. While he’s known mainly for his grappling, his striking skills should not be discounted. He’s serious about making his mark in MMA. We all welcome him to the pro ranks.”
“I’ve been planning to enter professional MMA since I first started training,” said Robert Drysdale. “I have done what I set out to do relative to the world of Jiu-Jitsu and now I will be turning 100% of my attention to my professional career within this fascinating sport. I look forward to announcing my first professional fight over the next few months.”
Drysdale made short work of his 8-0 opponent in an amateur MMA bout at Tuff-N-Uff last month winning in round one by armbar. His move to the pro ranks will be watched very closely by promoters and fans alike wondering if he will be the next big thing.
More information on Robert Drysdale and the fight zone can be viewed at www.thefightzone.tv/investor or www.robertdrysdale.net
Categories MMA Tags Abu Dhabi, bjj, Brazilian Jiu Jitsu, jiu jitsu, Ju-Jitsu, Mixed Martial-Arts, MMA, pro, professional, Robert Drysdale, The Fight Zone, Xtreme Couture Post navigation
Darryl Worley Brings MMA To Nashville
MMA Live – episode 26
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Ray Brady
Lifetime Service Award
The Public Lands Foundation grants to Ray Brady its Lifetime Service Award for excellence in public land management. The Foundation provides this award to deserving members who have perpetuated and enhanced the proud tradition of public service.
Ray Brady has dedicated his life to public land management. He was born in 1948 in Decatur, Illinois. He moved to Arizona when he was about 10 years old. And, he graduated from the University of Arizona in 1970 with a Bachelor of Science degree in Geology. Ray served in the Army in Vietnam and he went to work for the Bureau of Land Management as a Mineral Specialist in Colorado and Arizona in the early 1970s.
He has more than 40 years of professional federal public service in the management of public lands and mineral resources—35 years with the Bureau of Land Management, and 8 years with the Conservation Division of the U.S. Geological Survey.
He has served as BLM Deputy State Director for Minerals in Arizona; BLM District Manager at Safford, Arizona; Deputy Mining Supervisor with the U.S. Geological Survey in New Mexico; Mineral Specialist with the Federal Oil Shale Program, and Chief, Division of the Lands and Realty, in the BLM’s Washington, D.C. Office.
He has been involved in major land management challenges and opportunities throughout his career. In Arizona, he assisted in a major land exchange with the State which acquired land that Congress later designated as the San Pedro Riparian National Conservation Area. In the Washington Office, Ray Brady was a key BLM staff leader in the Department of the Interior’s efforts to increase the development of renewable energy projects on Federal lands by helping and leading the development of new policies and best management practices, screening priorities for environmental resource conflicts, and streamlining procedures for review and approval of renewable energy projects on federal public lands.
He has received awards and recognition as an “unsung hero” of the Administration’s efforts to increase the development of renewable energy projects on Federal land. His supervisors and peers have described him as “a visionary who served as a keystone to opening up the public lands for renewable energy development,” and have commended him for “achieving success in such a short period of time.”
In 2012, the Wilderness Society presented him with their “Conservation of Our Public Lands Award” for his completion of the BLM Western Solar Plan and Programmatic EIS which established a blueprint for conservation and responsible development of solar energy resources in the six southwestern States.
Ray Brady has had a long and distinguished career with the BLM, and the PLF is honored to recognize Ray Brady with this Lifetime Service Award.
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OMEGA PGA Players of the Year Named
Nebraska’s Ryan Vermeer, Ohio’s Bob Sowards capture 2018 OMEGA PGA Professional, Senior PGA Professional Players of the Year honors
By Bob Denney, PGA Historian
PGA Professional Champion Ryan Vermeer of Omaha, Nebraska, and Senior PGA Professional Champion Bob Sowards of Dublin, Ohio, have won the respective 2018 OMEGA PGA Professional and Senior PGA Professional Player of the Year awards.
They will be honored on Friday, April 26, in conjunction with the 52nd PGA Professional Championship presented by Club Car and OMEGA at Belfair in Bluffton, South Carolina.
Vermeer, 40, the PGA Director of Instruction at Happy Hollow Club in Omaha, Nebraska, won his first national award during a season when he captured the PGA Professional Championship in June at Bayonet Black Horse in Seaside, California. Vermeer is the first Nebraska PGA Member to earn both national titles.
Vermeer’s banner season included winning a second Nebraska PGA Player of the Year award in three years. He finished with 1,000 total points, while Michael Block of Aliso Viejo, California, was runner-up with 850. Sowards, who made a strong run in both award categories, shared third with Johan Kok of Nashville, Tennessee, with 830 points.
Capturing the PGA Professional Championship gave Vermeer the spark to the award, and he added 300 points for Nebraska PGA Player of the Year; as well as 100 each for winning the Section PGA Professional Championship and the Section Championship.
“Winning this award was in the back of my mind,” says Vermeer. “It was attainable and within reach. To have it come to reality is awesome.
“The PPC was the biggest win of my life. It has opened a lot of pretty cool doors. Those opportunities allowed me to be playing against the best players in the world, which is an awesome experience.”
The son of PGA Life Member Bob Vermeer of Waterloo, Nebraska, Vermeer was elected to PGA membership in 2016, and spent nearly 11 years attempting to build a tour career.
“At age 40, I’ve had a lot of experiences that helped me along the way and the ability to stay calm,” he explains.
Vermeer, a two-time All-American at the University of Kansas, has had several PGA Members help navigate his path in the game, but perhaps one colleague’s presence at the PGA Professional Championship meant the most.
Jon Petersen, the PGA Director of Instruction at Tiburon Golf Club in Omaha, missed the cut at Bayonet Black Horse. However, he stayed long enough to meet Vermeer midway through the final round before having to depart for a flight home.
“I worked for Jon for four years prior to taking the job at Happy Hollow,” says Vermeer. “I saw Jon as I walked from No. 9 to the 10th tee. He gave me a nice kick in the butt. He told me to put my head down and go after it. That was good for me to hear.”
Sowards, who turned 50 in June, is the PGA Director of Instruction at the Kinsale Golf and Fitness Club in Powell, Ohio. The 2004 PGA Professional Champion celebrated his debut in the senior division by capturing the OMEGA Senior PGA Professional Player of the Year Award. He added the honor to four previous PGA Professional Player of the Year Awards (2003, ’04,’05 and ’14).
Sowards earned 1,180 points, while Paul Claxton of Claxton, Georgia, was runner-up with 948.068; Omar Uresti of Austin, Texas, third (840.7); and University of Illinois Coach Mike Small fourth (799.216).
The combination of success among his 50-and-under peers carried over for Sowards this season to make an impact in two age divisions. His five over- all national PGA Player of the Year awards moved him into a tie for second place all-time with Bruce Zabriski of Jupiter, Florida, and one behind Sonny Skinner of Sylvester, Georgia.
Propelling Sowards to the award was sharing runner-up honors in the PGA Professional Championship (362.5 points); capturing the Senior PGA Professional Championship (250 points) in his first start; winning one event in the PGA Tournament Series and finishing as the Series’ No. 1 money-winner.
He also earned 300 points as the Southern Ohio PGA Player of the Year; and 50 points each for winning the Section Senior PGA Professional Championship and the Section Senior Championship.
“I felt rejuvenated and excited to win again,” says Sowards. “The last few years, I stopped trying to be perfect, and trust my golf swing. Once I came to that realization it made golf more fun. It did free me up and I trusted it more.”
Sowards has made PGA Golf Club in Port St. Lucie, Florida, his home away from home. He has won nearly 20 titles between the PGATournament Series and the PGA Winter Championships.
“PGA Golf Club fits me. I don’t mind the wind,” says Sowards. “I can hit it low. When the conditions aren’t perfect, it brings the short game into play. That has been my strength for my whole life.
“It is a new chapter for me in golf (being 50). I’m excited to play and to play the shorter courses. I’m loving life.”
The final PGA Professional and Senior PGA Professional Player of the Year standings were deter- mined based on a point system involving national and PGA Section competitions from Jan. 1 through Dec. 18, 2018.
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Guest Artist Mike Brush
by Amy Simons | Sep 21, 2016 | 2016-2017 Season, Guest Artists
Our 81st season, “In Our Own Backyard” is about collaboration and highlighting some of the terrific talent in our region. The season opener “Dancing in the Moonlight,” is a singer-songwriter concert featuring music by Carly Simon, Jim Croce, Queen and an original song by a one of Saginaw’s most beloved jazz pianist, Mike Brush.
Tickets may be purchased via the Temple Theatre online or by calling 989-754-SHOW.
Mike Brush
Michael Brush is most recognized as a jazz and blues pianist, music educator, and composer. His fifty-year musical history extends back to the garage band era band, “the Paupers” and has continued to his current group, “Brush Street featuring Julie Mulady”. He has devoted his talents to many personal, educational, collaborative, and community-centered creative projects over the years.
As an educator in the Saginaw Public School District, Mike taught elementary school music (1978-1990), developed and directed the Saginaw Kids All-City Choir (1994-99), served as director of the Voice/Keyboard Department at the Saginaw Arts and Sciences Academy (1999-2010), and has been an adjunct teacher at Delta College and SVSU – retiring from teaching in 2010.
In 1997 he was recognized for his work with young people by receiving the Herman W. Coleman Human Relations Award from the Michigan Education Association, an All Area Arts Award from the Saginaw Community Enrichment Commission, and theUnity Award from the Los Angeles Unified School District. In 1996, he served as theGrand Marshall of the Saginaw Pride Parade, and in 2006 received the prestigiousSaginaw News’ Crystal Apple Award. He and his musical associates and groups have received well over 60 Review Awards, a readers’ poll, since their inception in 1984.
Mike was honored in a first-of-its-kind event: “Melodies & Memories, A Community Tribute to Michael C. Brush” sponsored by the Saginaw Public Schools Foundation and SASA in October 2011. The evening chronicled his life in education and music, complete with performances of his music, a State of Michigan Special Tribute Proclamation and Saginaw City Council ‘s Proclamation of October 17, 2011 as Michael C. Brush Day.
Mike has produced 4 CDs, one LP, an educational cassette/classroom guide set, and published a collection of his song lyrics. He has composed music for young people, various performing ensembles, musical theatre, and numerous civic organizations and events.
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Gazing at the mistery
The Glacial Men
Glacial Humans
Well, my friends, now we are going to discuss the glacial humans.
It is urgent to comprehend the process of the revolution of the axis of the Earth, which brings distinct glaciations. It has said unto us that before the past glaciation, the poles of the Earth were situated in the zone that presently corresponds to the equatorial line, in such a way that what was the equator became converted into the poles, and vice versa. This is what originated the submergence of Atlantis, and it is clear that by such cause the terrestrial geography changed.
Vegetal carbon was found in the North Pole, and in Siberia at the shore of the great rivers, pre-deluge animals that perished by cold and ice have been discovered. Such completely tropical creatures were from one moment to the next surprised by the ice and snow, thus they died.
The First Root Race that existed in the world lived in the polar cap of the north, on the Secret Island. That region was tropical and was situated, as we already said, in the equatorial zone, although, later on, due to the revolution of the axis of the Earth, it came to occupy its current place.
The First Root Race lived there, in that region, and was completely protoplasmic. The bodies of those people were ductile, elastic; they could achieve gigantic proportions or shrink themselves at will. They did not have the physical consistency of the present humanity. Nonetheless, the people from that Root Race were happy. They perceived the world and things in their complete, integral way. They saw not only what is merely physical, but moreover they could see the soul and spirit of all beings and things. The whole Earth, with its seas and mountains, had then a very beautiful, intensely blue color.
Even though it seems incredible, the truth is that the First Root Race that existed in the world was of a very beautiful black color. However, it is a little difficult for contemporary people to comprehend that in the cheeks of those black people, and in their face in general, in spite of being a race of color, shined a certain redness similar to fire.
Their reproductive system was completely different from the present one. Those human beings reproduced themselves in a way that is very similar to the division of organic cells. We already know that one cell is divided into two and that those two become divided into four and the four into eight, etc. Thus, in the same way, the organism of the Father-Mother did it. Their organism was totally androgynous, because it was neither masculine nor feminine, but it had both polarities at the same time. At a determined moment, their organism was divided into two. Thus, the child was, as a way of saying it, detached from the Father-Mother. This was a very profoundly religious event.
To some people, a race of androgynes might appear as strange. Nevertheless, it is obvious that the first human race was like that. The people from that protoplasmic race had marvelous temples, grandiose cities, and a very rich divine wisdom.
The Angel Uriel lived on the planet Earth at that time; he had a human physical body. He wrote a grandiose book with Nordic runic characters. He accomplished a very beautiful mission by teaching the humanity of that epoch.
That humanity is the Adam-Solus to whom the Bible refers, that Adam from whom the mythological Hebraic Eve was not yet separated.
Centuries, innumerable millions of years, have passed. Nevertheless, that race, in spite of having transformed themselves into other races, is still preserved in very original forms. This is something that could overwhelmed the audience.
What I want to state is that not all the individuals of that race disappeared from the face of the Earth. A certain group of such primeval people exist; they still live here on the Earth. That mysterious group presently abides in a secret subterranean city, situated exactly in the North Pole. They are the glacial humans, who, for the good of this poor suffering humanity, still exist.
What is most astonishing about this matter is that such individuals or such a group that correspond to the first race, in spite of having been isolated in order to avoid all of those organic transformations that gave origin to all the millions of human beings who populate the face of the Earth, have preserved their original purity, but moreover — and this is what is most remarkable — they achieved a unique, special, and extraordinary metamorphosis. Presently, the members of that group have a beautiful human size and presence similar to our own. They have perfect bodies of flesh and bone, and great wisdom. Indeed, they are the living prototype of what all of the populace of the Earth should be.
There is no doubt that their subterranean city situated under the polar ice is formidable, marvelous. They possess a high, ultramodern technology; they have access to mechanical apparatuses that correspond to a remote future, therefore they are well-developed ahead in time.
It is clear that those glacial humans will help us — especially in the future wars — through their medicine, by healing wounds or curing sick people, through atomic science and chemistry by assisting the victims of biological warfare or nuclear bombs, etc. They can assist people and be unnoticed everywhere.
Question: What is the reason for that race to have preserved itself, without mixing with our own?
Answer: I will gladly answer the gentleman. It is clear that the human beings of the First Root Race — before becoming Hyperboreans — passed through many transformations. These souls (the Hyperboreans), even though they were also androgynous, reproduced themselves by means of that which we can call “budding.” The budding system is similar to the budding of plants. Any vegetal sprout that is detached from its original trunk can be transformed into another plant. Likewise, oviform spores were detached from the Hyperborean bodies. Such spores were converted into new independent organisms.
The Lemureans came after the Hyperboreans. The Lemureans were hermaphrodite people of flesh and bones who reproduced themselves by gemmation. An egg was detached from the ovary; this egg, after a certain time, was opened in order for a new creature to come from it, who was nourished through the breasts of the Father-Mother.
The Lemurean race, after million of years, was divided into opposite sexes. This event is symbolized in the Bible by that allegory in which Jehovah extracts Eve from a rib of Adam.
It is clear that after the human beings were divided into opposite sexes, reproduction was then performed by means of sexual cooperation. This is the system we presently have.
As you are hearing, the primeval, original race, through time and many centuries, transformed itself into other races. The primeval, original race passed through incessant metamorphoses, evolutions, and devolutions, etc. Nonetheless, I repeat, there was a certain group from this primeval original race that removed themselves from all of those successive metamorphoses and that preserved itself, pure and virginal, until our days. These are the glacial humans.
Question: Is possible to visit these glacial humans?
Answer: Already in a former discussion written in this book we stated that is possible to place the physical body into the fourth dimension. We taught the clue; we explained that each individual has his own particular Mother Nature, and that if we profoundly concentrate in her in those instants when falling asleep, if we beg and beseech her for the favor of placing our physical body inside the unknown dimension, she will help us in this matter. We then affirmed that we just have to get up carefully from our bed, in order to preserve the sleepy state, as if we were somnambulists, nonetheless, with our consciousness very awakened.
Thus, in those circumstances, while floating in the surrounding environment of the fourth dimension, we can visit the city of the glacial humans. It is clear that faith is necessary, a great deal of faith, love for Christ, and true longing. Only like that is the triumph possible.
Question: Can we visit them without their permission?
Answer: Generous young lady, allow me to tell you in an emphatic manner that all doors are closed to the unworthy, except one: the door of repentance.
Psychic Narrations
New York’s Blackout
Mysterious Disappearances
The Men Fish
Psychic Materializations
Cases of the Unexpected
Rocks or Something Else?
The Blue Men
Nahuals
Jinn Phenomena
Jinn Instances
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FSD3242 Vocational School Student Survey 2017
The dataset is (A) openly available for all users without registration.
Codebook (PDF file, in English)
Nurmikari, Elina (Research Foundation for Studies and Education (Otus))
Saari, Juhani (Research Foundation for Studies and Education (Otus))
Salminen, Tuukka (Research Foundation for Studies and Education (Otus))
education, educational guidance, expectation, labour and employment, leisure time, living conditions, occupational life, occupational training, students, upper secondary education, vocational education, well-being (society)
The Vocational School Student Survey (VET Student Survey) 2017 is a total study charting experiences of young people studying in Finnish vocational education institutions. The survey was conducted by the Research Foundation for Studies and Education (Otus) in collaboration with the National Union of Vocational Students in Finland (SAKKI), which also funded the study with funding received from the Ministry of Education and Culture and the Ministry of Economic Affairs and Employment. Main themes of the survey included applying for studies, experiences relating to studies and teaching, financial circumstances, plans for the future and working life, and wellbeing and leisure time.
Relating to studies at the time of the survey, the respondents were asked, among other things, their field of education, year of study, and distance to the vocational institution. They were also asked whether they had moved to another municipality due to their current studies. Earlier studies and applying for vocational studies were examined with questions regarding, for instance, whether vocational studies had been discussed or recommended in their families or at school, whether their friends or siblings had studied in a vocational institution, and how clear the decision to opt for vocational studies had been. They were also asked whether they had worked or completed other studies before starting vocational studies, and how they had performed in earlier education.
Experiences of studies and teaching were examined with questions about the time spent on studies in a week, form and sufficiency of the teaching and guidance received, balancing and managing studies, and money spent on study materials. Possible learning difficulties and support received for these difficulties were also surveyed. With regard to study progress, satisfaction with studies and the institution itself was charted as well as feelings of studying the right field, prospects of graduating, things slowing down study progress, and views on the importance of vocational studies.
Working, housing and financial circumstances were investigated by asking about working during studies and in the summer, housing during semesters, financial help from parents and relatives, and sufficiency of money for expenses. Concerning occupational life, opinions were probed on a number of statements about employment, employment prospects after graduation, and the importance of various things for a successful career. Future plans to study were also surveyed. Finally, wellbeing and leisure time were examined with questions concerning e.g. friends, social relationships, bullying and discrimination, sleep, alcohol use, hobbies and Internet use.
Background variables included the respondent's year of birth (categorised), gender, and mother tongue. The time the respondent had lived in Finland was further charted, along with languages spoken with parents, and parents' employment status and education level.
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Finding Safe Haven
For years, Angalia Bianca had slept in abandoned buildings throughout Chicago. She stole. She did drugs. She spent time in and out of jail for forgery, theft, trespassing, and possession of narcotics. But after she landed in prison for the seventh time, something changed -- Bianca knew she wanted a better life. She just didn’t know how to make it happen.
After serving her time, Bianca sought help from a local homeless organization, A Safe Haven, and moved to its shelter in the Rogers Park neighborhood. Bianca followed the program closely -- she attended all the required meetings, passed drug tests, and volunteered at every opportunity.
“They taught me basic life skills. I didn’t know how to get up in the morning, or how to clean the kitchen. They showed me how to do little things that most people take for granted,” she says.
A Safe Haven is a network of shelters that address the causes of chronic homelessness and teach residents how to relearn a life without drugs and alcohol. Neli Vazquez-Rowland, a member of the Rotary Club of Chicago, and her husband, Brian Rowland, founded the organization 20 years ago. Under Vazquez-Rowland’s guidance, more than 50,000 clients have followed a program that includes treatment, education, health care, job training, and job placement.
A PERSONAL STORY
Neither Vazquez-Rowland nor her husband had a traditional social service background, but they did have personal motivation to start A Safe Haven. In the early 1990s, both were flourishing in the financial field. Their lives took an abrupt turn when Rowland developed an addiction to alcohol. They could afford the pricey rehab but quickly realized that only their personal wealth separated them from the addicts who ended up on the streets or in jail.
“We realized how grateful we were that we had resources to get the help we needed and could pay for the best treatment that money could buy,” Vazquez-Rowland says. “That helped me understand the disparities between people with resources and people without resources and where their paths lead them. If you have money, you have access to treatment, you have access to legal representation, and you have the ability to get back on your feet and not lose your job. But if it happens in the poor communities, you get arrested and you end up in jail.”
As Rowland got sober, the couple discovered the paucity of services for people in recovery, especially for those with little money or family support. Government agencies weren’t meeting the needs of people they encountered who were struggling to get their lives back on track. So in 1994, Vazquez-Rowland and her husband bought and refurbished an abandoned apartment building in the Logan Square neighborhood. Their plan was to rent out the building for a year to people recovering from drug and alcohol addiction, and when the real-estate market recovered, sell it for a profit. But as more people showed up seeking their services, Vazquez-Rowland realized she and her husband could help transform people’s lives.
CREATING A SAFE HAVEN
So the couple established A Safe Haven Foundation, developing a comprehensive program to serve those in recovery. Vazquez-Rowland personally subsidized care for thousands as she continued to work in the investment business. But after five years, she and Rowland saw that this wasn’t a sustainable course.
In 1999, armed with a study conducted by Northwestern University that provided the hard data they needed to seek outside funding, they landed their first contract, with the Illinois Department of Corrections, to provide transitional housing for nonviolent ex-offenders.
Around that time, Vazquez-Rowland also decided to give up her career, leaving a job that had provided her family of four with a comfortable life. “We had this moment of truth,” she says. “We asked each other: ‘What are we doing? Are we in the business of finance or are we in the business of helping people?’ ”
After 20 years, A Safe Haven has 28 locations throughout Chicago, housed in once-abandoned buildings the couple bought in the South Shore, Englewood, and North Lawndale neighborhoods -- areas that other developers might shun.
FROM HOMELESSNESS TO INDEPENDENCE
Vazquez-Rowland has learned that there is no single approach to homeless services. Some clients were ready to move on to their own apartments but were shut out of the rental market because of bad credit or a criminal background. Some had difficulty finding a job after being released from prison. Others were families coming to the shelter for the first time because they’d lost their home to foreclosure after a job loss.
In response, A Safe Haven developed social enterprise ventures to employ its graduates. These include catering, landscaping, and pest control businesses.
“The services of A Safe Haven are free, but its clients commit to becoming self-sufficient. The reason it’s so powerful here is because there are so many people in different stages of their development,” Vazquez-Rowland says. “They’re getting that pride back in their eyes, and the enthusiasm to take care of themselves.”
While continuing to run A Safe Haven, Vazquez-Rowland spends three or four days a month at an office in Washington, D.C., meeting with leaders in government, business, and academia to promote her model nationally.
“We all want the same thing. We just don’t agree on how to achieve it,” she says.
In North Lawndale, one of Chicago’s most poverty-stricken neighborhoods, A Safe Haven’s headquarters serves as an oasis. Inside the building, a teenager explains how the organization helped reunite him with his father. An older woman who has finished the program says goodbye to the friends she’s made at the shelter as she leaves for her first apartment. A young man approaches Vazquez-Rowland in the cafeteria to thank her for saving his life.
Vazquez-Rowland can’t walk from one side of the building to the other without someone calling out her name and waving a greeting. She knows everyone by first name too.
“This is the most rewarding work in the world,” she says. “We’re saving lives.”
By Megan Ferringer
Adapted from a story in the February 2014 issue of The Rotarian
25-FEB-201
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Admirável Atwood
Postado em 18 de novembro de 2007 27 de setembro de 2011
‘Everybody is happy now’
A world of genetically modified babies, boundless consumption, casual sex and drugs … How does Aldous Huxley’s vision of a totalitarian future stand up 75 years after Brave New World was first published, asks Margaret Atwood
“O brave new world, that has such people in’t!” – Miranda, in Shakespeare’s The Tempest, on first sighting the shipwrecked courtiers
In the latter half of the 20th century, two visionary books cast their shadows over our futures. One was George Orwell’s 1949 novel Nineteen Eighty-Four, with its horrific vision of a brutal, mind-controlling totalitarian state – a book that gave us Big Brother and thoughtcrime and newspeak and the memory hole and the torture palace called the Ministry of Love and the discouraging spectacle of a boot grinding into the human face forever.
The other was Aldous Huxley’s Brave New World (1932), which proposed a different and softer form of totalitarianism – one of conformity achieved through engineered, bottle-grown babies and hypnotic persuasion rather than through brutality, of boundless consumption that keeps the wheels of production turning and of officially enforced promiscuity that does away with sexual frustration, of a pre-ordained caste system ranging from a highly intelligent managerial class to a subgroup of dim-witted serfs programmed to love their menial work, and of soma, a drug that confers instant bliss with no side effects.
Which template would win, we wondered. During the cold war, Nineteen Eighty-Four seemed to have the edge. But when the Berlin Wall fell in 1989, pundits proclaimed the end of history, shopping reigned triumphant, and there was already lots of quasi-soma percolating through society. True, promiscuity had taken a hit from Aids, but on balance we seemed to be in for a trivial, giggly, drug-enhanced spend-o-rama: Brave New World was winning the race.
That picture changed, too, with the attack on New York’s twin towers in 2001. Thoughtcrime and the boot grinding into the human face could not be got rid of so easily, after all. The Ministry of Love is back with us, it appears, though it’s no longer limited to the lands behind the former iron curtain: the west has its own versions now.
On the other hand, Brave New World hasn’t gone away. Shopping malls stretch as far as the bulldozer can see. On the wilder fringes of the genetic engineering community, there are true believers prattling of the gene-rich and the gene-poor – Huxley’s alphas and epsilons – and busily engaging in schemes for genetic enhancement and – to go one better than Brave New World – for immortality.
Would it be possible for both of these futures – the hard and the soft – to exist at the same time, in the same place? And what would that be like?
Surely it’s time to look again at Brave New World and to examine its arguments for and against the totally planned society it describes, in which “everybody is happy now”. What sort of happiness is on offer, and what is the price we might pay to achieve it?
I first read Brave New World in the early 1950s, when I was 14. It made a deep impression on me, though I didn’t fully understand some of what I was reading. It’s a tribute to Huxley’s writing skills that although I didn’t know what knickers were, or camisoles – nor did I know that zippers, when they first appeared, had been denounced from pulpits as lures of the devil because they made clothes so easy to take off – I none the less had a vivid picture of “zippicamiknicks”, that female undergarment with a single zipper down the front that could be shucked so easily: “Zip! The rounded pinkness fell apart like a neatly divided apple. A wriggle of the arms, a lifting first of the right foot, then the left: the zippicamiknicks were lying lifeless and as though deflated on the floor.”
I myself was living in the era of “elasticised panty girdles” that could not be got out of or indeed into without an epic struggle, so this was heady stuff indeed.
The girl shedding the zippicamiknicks is Lenina Crowne, a blue-eyed beauty both strangely innocent and alluringly voluptuous – or “pneumatic”, as her many male admirers call her. Lenina doesn’t see why she shouldn’t have sex with anyone she likes whenever the occasion offers, as to do so is merely polite behaviour and not to do so is selfish. The man she’s trying to seduce by shedding her undergarment is John “the Savage”, who’s been raised far outside the “civilised” pale on a diet of Shakespeare’s chastity/whore speeches, and Zuni cults, and self-flagellation, and who believes in religion and romance, and in suffering to be worthy of one’s beloved, and who idolises Lenina until she doffs her zippicamiknicks in such a casual and shameless fashion.
Never were two sets of desiring genitalia so thoroughly at odds. And thereon hangs Huxley’s tale.
Brave New World is either a perfect-world utopia or its nasty opposite, a dystopia, depending on your point of view: its inhabitants are beautiful, secure and free from diseases and worries, though in a way we like to think we would find unacceptable. “Utopia” is sometimes said to mean “no place”, from the Greek ou-topos; others derive it from eu, as in “eugenics”, in which case it would mean “healthy place” or “good place”. Sir Thomas More, in his own 16th-century Utopia, may have been punning: utopia is the good place that doesn’t exist.
As a literary construct, Brave New World thus has a long list of literary ancestors. Plato’s Republic and the Bible’s book of Revelations and the myth of Atlantis are the great-great-grandparents of the form; nearer in time are More’s Utopia, and the land of the talking-horse, totally rational Houyhnhnms in Jonathan Swift’s Gulliver’s Travels, and HG Wells’s The Time Machine, in which the brainless, pretty “upper classes” play in the sunshine during the day, and the ugly “lower classes” run the underground machinery and emerge at night to eat the social butterflies.
In the 19th century – when improvements in sewage systems, medicine, communication technologies and transportation were opening new doors – many earnest utopias were thrown up by the prevailing mood of optimism, with William Morris’s News from Nowhere and Edward Bellamy’s Looking Backward foremost among them.
Insofar as they are critical of society as it presently exists, but nevertheless take a dim view of the prospects of the human race, utopias may verge on satire, as do Swift’s and More’s and Wells’s; but insofar as they endorse the view that humanity is perfectible, or can at least be vastly improved, they will resemble idealising romances, as do Bellamy’s and Morris’s. The first world war marked the end of the romantic-idealistic utopian dream in literature, just as several real-life utopian plans were about to be launched with disastrous effects. The Communist regime in Russia and the Nazi takeover of Germany both began as utopian visions.
But as had already been discovered in literary utopias, perfectibility breaks on the rock of dissent. What do you do with people who don’t endorse your views or fit in with your plans? Nathaniel Hawthorne, a disillusioned graduate of the real-life Brooke Farm utopian scheme, pointed out that the Puritan founders of New England – who intended to build the New Jerusalem – began with a prison and a gibbet. Forced re-education, exile and execution are the usual choices on offer in utopias for any who oppose the powers that be. It’s rats in the eyes for you – as in Nineteen Eighty-Four – if you won’t love Big Brother. Brave New World has its own gentler punishments: for non-conformists, it’s exile to Iceland, where Man’s Final End can be discussed among like-minded intellects, without pestering “normal” people – in a sort of university, as it were.
Utopias and dystopias from Plato’s Republic on have had to cover the same basic ground that real societies do. All must answer the same questions: where do people live, what do they eat, what do they wear, what do they do about sex and child-rearing? Who has the power, who does the work, how do citizens relate to nature, and how does the economy function? Romantic utopias such as Morris’s News from Nowhere and WH Hudson’s A Crystal Age present a pre-Raphaelite picture, with the inhabitants going in for flowing robes, natural settings in abodes that sound like English country houses with extra stained glass and lots of arts and crafts. Everything would be fine, we’re told, if we could only do away with industrialism and get back in tune with nature, and deal with overpopulation. (Hudson solves this last problem by simply eliminating sex, except for one unhappy couple per country house who are doomed to procreate.)
But when Huxley was writing Brave New World at the beginning of the 1930s, he was, in his own words, an “amused, Pyrrhonic aesthete”, a member of that group of bright young upstarts that swirled around the Bloomsbury Group and delighted in attacking anything Victorian or Edwardian. So Brave New World tosses out the flowing robes, the crafts, and the tree-hugging. Its architecture is futuristic – electrically lighted towers and softly glowing pink glass – and everything in its cityscape is relentlessly unnatural and just as relentlessly industrialised. Viscose and acetate and imitation leather are its fabrics of choice; apartment buildings, complete with artificial music and taps that flow with perfume, are its dwellings; transportation is by private helicopter. Babies are no longer born, they’re grown in hatcheries, their bottles moving along assembly lines, in various types and batches according to the needs of “the hive”, and fed on “external secretion” rather than “milk”. The word “mother” – so thoroughly worshipped by the Victorians – has become a shocking obscenity; and indiscriminate sex, which was a shocking obscenity for the Victorians, is now de rigueur.
“He patted me on the behind this afternoon,” said Lenina.
“There, you see!” Fanny was triumphant. “That shows what he stands for. The strictest conventionality.”
Many of Brave New World’s nervous jokes turn on these kinds of inversions – more startling to its first audience, perhaps, than to us, but still wry enough. Victorian thrift turns to the obligation to spend, Victorian till-death-do-us-part monogamy has been replaced with “everyone belongs to everyone else”, Victorian religiosity has been channelled into the worship of an invented deity – “Our Ford”, named after the American car-czar Henry Ford, god of the assembly line – via communal orgies. Even the “Our Ford” chant of “orgy-porgy” is an inversion of the familiar nursery rhyme, in which kissing the girls makes them cry. Now, it’s if you refuse to kiss them – as “the Savage” does – that the tears will flow.
Sex is often centre stage in utopias and dystopias – who can do what, with which set of genital organs, and with whom, being one of humanity’s main preoccupations. Because sex and procreation have been separated and women no longer give birth – the very idea is yuck-making to them – sex has become a recreation. Little naked children carry on “erotic play” in the shrubberies, so as to get a hand in early. Some women are sterile – “freemartins” – and perfectly nice girls, though a little whiskery. The others practise “Malthusian drill” – a form of birth control – and take “pregnancy surrogate” hormone treatments if they feel broody, and sport sweet little faux-leather fashionista cartridge belts crammed with contraceptives. If they slip up on their Malthusian drill, there’s always the lovely pink-glass Abortion Centre. Huxley wrote before the pill, but its advent brought his imagined sexual free-for-all a few steps closer. (What about gays? Does “everyone belongs to everyone else” really mean everyone? We aren’t told.)
Huxley himself still had one foot in the 19th century: he could not have dreamed his upside-down morality unless he himself also found it threatening. At the time he was writing Brave New World he was still in shock from a visit to the United States, where he was particularly frightened by mass consumerism, its group mentality and its vulgarities.
I use the word “dreamed” advisedly, because Brave New World – gulped down whole – achieves an effect not unlike a controlled hallucination. All is surface; there is no depth. As you might expect from an author with impaired eyesight, the visual sense predominates: colours are intense, light and darkness vividly described. Sound is next in importance, especially during group ceremonies and orgies, and the viewing of “feelies” – movies in which you feel the sensations of those onscreen, “The Gorillas’ Wedding” and “Sperm Whale’s Love-Life” being sample titles. Scents are third – perfume wafts everywhere, and is dabbed here and there; one of the most poignant encounters between John the Savage and the lovely Lenina is the one in which he buries his worshipping face in her divinely scented undergarments while she herself is innocently sleeping, zonked out on a strong dose of soma, partly because she can’t stand the awful real-life smells of the “reservation” where the new world has not been implemented.
Many utopias and dystopias emphasise food (delicious or awful; or, in the case of Swift’s Houyhnhnms, oats), but in Brave New World the menus are not presented. Lenina and her lay-of-the-month, Henry, eat “an excellent meal”, but we aren’t told what it is. (Beef would be my guess, in view of the huge barns full of cows that provide the external secretions.) Despite the dollops of sex-on-demand, the bodies in Brave New World are oddly disembodied, which serves to underscore one of Huxley’s points: in a world in which everything is available, nothing has any meaning.
Meaning has in fact been eliminated, as far as possible. All books except works of technology have been banned – cf Ray Bradbury’s 1953 novel Fahrenheit 451; museum-goers have been slaughtered, cf Henry Ford’s “History is bunk”. As for God, he is present “as an absence; as though he weren’t there at all” – except, of course, for the deeply religious John the Savage, who has been raised on the Zuni “reservation”, where archaic life carries on, replete with “meaning” of the most intense kinds. John is the only character in the book who has a real body, but he knows it through pain, not through pleasure. “Nothing costs enough here,” he says of the perfumed new world, to where he’s been brought as an “experiment”.
The “comfort” offered by Mustapha Mond – one of the 10 “controllers” of this world, direct descendants of Plato’s guardians – is not enough for John. He wants the old world back – dirt, diseases, free will, fear, anguish, blood, sweat, tears and all. He believes he has a soul, and like many an early 20th-century literary possessor of such a thing – think of the missionary in Somerset Maugham’s 1921 story, Miss Thompson, who hangs himself after sinning with a prostitute – he is made to pay the price for this belief.
In a foreword to a new edition of Brave New World published in 1946, after the horrors of the second world war and Hitler’s “final solution”, Huxley criticises himself for having provided only two choices in his 1932 utopia/dystopia – an “insane life in Utopia” or “the life of a primitive in an Indian village, more human in some respects, but in others hardly less queer and abnormal”. (He does, in fact, provide a third sort of life – that of the intellectual community of misfits in Iceland – but poor John the Savage isn’t allowed to go there, and he wouldn’t have liked it anyway, as there are no public flagellations available.) The Huxley of 1946 comes up with another sort of utopia, one in which “sanity” is possible. By this, he means a kind of “high utilitarianism” dedicated to a “conscious and rational” pursuit of man’s “final end”, which is a kind of union with the immanent “Tao or Logos, the transcendent Godhead or Brahmin”. No wonder Huxley subsequently got heavily into the mescaline and wrote The Doors of Perception, thus inspiring a generation of 1960s dopeheads and pop musicians to seek God in altered brain chemistry. His interest in soma, it appears, didn’t spring out of nowhere.
Meanwhile, those of us still pottering along on the earthly plane – and thus still able to read books – are left with Brave New World. How does it stand up, 75 years later? And how close have we come, in real life, to the society of vapid consumers, idle pleasure-seekers, inner-space trippers and programmed conformists that it presents?
The answer to the first question, for me, is that it stands up very well. It’s still as vibrant, fresh, and somehow shocking as it was when I first read it.
The answer to the second question rests with you. Look in the mirror: do you see Lenina Crowne looking back at you, or do you see John the Savage? Chances are, you’ll see something of both, because we’ve always wanted things both ways. We wish to be as the careless gods, lying around on Olympus, eternally beautiful, having sex and being entertained by the anguish of others. And at the same time we want to be those anguished others, because we believe, with John, that life has meaning beyond the play of the senses, and that immediate gratification will never be enough.
It was Huxley’s genius to present us to ourselves in all our ambiguity. Alone among the animals, we suffer from the future perfect tense. Rover the Dog cannot imagine a future world of dogs in which all fleas will have been eliminated and doghood will finally have achieved its full glorious potential. But thanks to our uniquely structured languages, human beings can imagine such enhanced states for themselves, though they can also question their own grandiose constructions. It’s these double-sided imaginative abilities that produce masterpieces of speculation such as Brave New World
To quote The Tempest, source of Huxley’s title: “We are such stuff / As dreams are made on.” He might well have added: “and nightmares”.
Publicado em CaosMarcado livros
Anterior El mutante
Avançar Blake, 250 anos
Eu li e entendi os dois aos 12 anos. Orwell e Huxley. Fiquei assustadíssima, porque o pior dos dois estava acontecendo. (E “Revolução dos Bichos”, que li de bônus, já tinha acontecido.)
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Classical Portraits of Extreme Plastic Surgery
By David Rosenberg
Allanah, 2008
Phillip Toledano
(Warning: This post contains nudity.)
Phillip Toledano’s photos in his series “A New Kind of Beauty” have many traits of a traditional portrait, but his subjects are far from average. Toledano documents people who have gone through radical reconstructive plastic surgery.
“In 50 or 100 years time, I think humanity won’t look like it does today because of technology. … We will be able to redefine what it means to look human and I think these people are the vanguard of that type of evolution,” Toledano said about the project.
The evolution of the series was somewhat serendipitous and evolved through both social media and traditional word of mouth. During an assignment to photograph a man who’d had multiple plastic surgery procedures, Toledano befriended the man’s press assistant. Through that friendship on Facebook, he noticed Allanah, a transgendered woman who had also gone through multiple surgeries. He photographed her, and she in turn let him know about other people for the project. It grew into a larger network of friends of friends.
Steve, 2008
Nikki, 2009 (left); Fred, 2008
Inspired by the German artist Hans Holbein the Younger, whose 16th-century portraits are considered to be some of the most realistic of that era, Toledano’s images are in many ways a nod to Holbein.
“I wanted to make beautiful and distinguished portraits of these people. … I wanted to represent a particular part of beauty from our time,” Toledano said.
Toledano said reaction to the project has been mixed—and not unexpected.
Monique, 2008
Justin, 2009
Angel, 2009 (left); Yvette, 2008
“Usually there are two kinds of feedback: the expected ‘Holy shit! These people look crazy,” which definitely isn’t the point of the work. … it’s too easy in art to take a group or subgroup of people and point and laugh. I’ve never been interested in that. And then there are hopefully some people who understand the point I’m making about the direction we’re headed, which is what I’m trying to do. … I’m not naïve; I know people will look at the work and be taken aback, but I hope they can work through that and see the point I’m trying to make.”
“A New Kind of Beauty” is the second work in a trilogy Toledano has created about mortality. The first installment and subsequent book Days With My Father was about taking care of his elderly dad. For the final installment, Toledano is focusing on his own mortality. Using DNA testing, fortune tellers, and prosthetics, Toledano is creating images about who he is and what kind of person he could possibly become.
“It will be very interesting to see in a few years time how I compare physically to these projected images,” he said.
The book A New Kind of Beauty is available for purchase.
Dina, 2009
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Community, Community Blogs, cultured, Featured, News, San Marcos, Scene, Texas State, True Vineyard Ministries
Central Texas Medical Center, CTMC, Frank Harvey, Jacques Lowe, JFK, John F. Kennedy, LBJ Presidential Museum, Lyndon B. Johnson, Remembering Camelot, Ruth Goerger, True Vineyard Ministries
Remembering Camelot: Peace Corps official makes return to hometown
This photo of Lyndon B. Johnson and John Kennedy is one of 80 images by Kennedy family photographer Jacques Lowe that will be exhibited in San Marcos starting in October as part of a series of events benefiting True Vineyard Ministries. In addition to the photographs — many of which have never been viewed publicly — the exhibition will include 30 unique artifacts including the lead car from JFK’s inaugural parade and his private sailboat.
SPECIAL to the SAN MARCOS MERCURY
As the 35th president of the United States, one of John F. Kennedy’s first and most influential accomplishments was working with Congress to create the Peace Corps, which has sent more than 200,000 volunteers to serve in underdeveloped countries since 1961.
» For more information about the event, sponsorship opportunities or to purchase tickets, please call 512-665-3393 or visit rememberingcamelot.com.
Today, San Marcos native Helen Lowman is the Peace Corps’ associate director for the Office of Volunteer Recruitment and Selection, previously serving as the regional director for Europe, Mediterranean and Asia operations. In Nov., Lowman will return to San Marcos to speak at a once-in-a-lifetime JFK exhibit.
Remembering Camelot through the Lens of Jacques Lowe – the Private Collection of Frank Harvey will provide three separate opportunities to catch a glimpse into the years that are treasured as a pivotal time in American history, the most comprehensive of which will take place on Sat., Nov. 16 at Embassy Suites Hotel, Spa & Conference Center in San Marcos. Lowman, who once served as the San Marcos High School mascot, will share her inspiring story at the event, which will benefit True Vineyard Ministries, a local non-profit that shares Kennedy’s vision to provide aid to hurting nations.
“As a graduate of San Marcos High School it is always an honor to be able to return to my hometown for any reason,” Lowman said. “The Remembering Camelot event is especially important to the Peace Corps as it honors our founder, President John F. Kennedy. In that way, the event is a wonderful merging of so many things that have been integral to my life.”
According to Lowman, the Peace Corps has worked with the same three goals for its entire 52 year history: Help the people of interested countries in meeting their need for trained men and women, help promote a better understanding of Americans on the part of the peoples served, and help promote a better understanding of other peoples on the part of Americans.
“It is through these goals that Peace Corps works to help the people of underdeveloped nations at the grassroots level,” Lowman said. “Through the transfer of knowledge, ideas, experience and skills, people from all walks of life foster greater understanding between countries and cultures.”
True Vineyard Ministries in San Marcos shares the fundamental values of the Peace Corps by reaching out to poverty-stricken Rwandan widows and empowering them through work-based solutions. One of the ways True Vineyard helps to suppress Rwandans’ hunger and lack of means for basic necessities is through its Handspun Hope Program, which provides resources to help women raise sheep, shear them and dye the wool for local textiles. The ministry also sells popular jewelry, soap stone trinkets, stationery and other hand-made items in The Vineyard Marketplace, a fair trade boutique that is located at 317 W. San Antonio Street in San Marcos.
“Research reveals that investing in women in developing countries is essential in achieving broader development goals,” said Diana Wiley, founder of True Vineyard Ministries. “By providing jobs, education, and encouragement to women who each have an average of four to ten children, they will be more likely to instill those values in future generations.”
Wiley launched her ministry after hearing a heart-felt testimony at her church that touched on Rwandan widows who were left behind in the tragic 100-day genocide in 1994, where nearly a million people were murdered. Some of the widows are rape survivors, suffering from HIV/AIDS and/or mothers to multiple children.
Proceeds from Remembering Camelot will benefit True Vineyard’s ministry while giving the audience a true taste of an important American period.
More than 80 images from the JFK era will be featured at the Nov. 16 event, as well as more than 30 unique artifacts all from the collection of uber Kennedy collector Frank Harvey (including the lead car from JFK’s inaugural parade). Besides Kennedy-era inspired hors d-oeuvres and specialty cocktails, a unique silent auction will provide a chance to take a once-in-a-lifetime trip to Rwanda, guided by Wiley.
For those who cannot attend the Camelot reception and full exhibit, the following two opportunities will offer additional chances to view pieces of Harvey’s collection.
Oct. 1 – Nov. 9 | Free
Texas State University’s Alkek Library
Preview showing of a limited portion of the collection on display
Sunday, Nov. 17 | $25
Embassy Suites Hotel, Spa & Conference Center in San Marcos
A public viewing of the photography portion from the collection
Tickets to the full exhibit on Nov. 16 cost $250. For more information or to purchase tickets, visit www.RememberingCamelot.com.
10/08/2013 Remembering Camelot: Curator seeks to capture fascination with American ‘royalty’
11/14/2013 Remembering Camelot: Nonprofit to auction guided tour of Rwanda
09/30/2013 Remembering Camelot: The connection behind the JFK collection
07/24/2013 ‘Once-in-a-lifetime’ JFK collection coming to San Marcos
05/28/2014 Bartee Haile: Not even blindness could stop Gen. ‘Stovepipe’
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The 10 Best Asian Horror Movies
by Shawn S. Lealos
– on Feb 24, 2019
Horror movies have changed and morphed throughout history in America, moving from classical monsters to creatures created out of the atomic age to real-life horrors and slasher killers. In the '90s, Hollywood picked up on a new trend when they discovered the horror films coming out of Asia. Whether it was the Japanese or Korean horror movies, America started remaking them left and right.
RELATED: 10 Best Korean Horror Movies
However, as the case seems to always be, Hollywood rarely seemed to get the feel and atmosphere right when remaking Asian horror. While most Americans know about the scary, stringy-haired demonic children, there is much more to Asian horror than that. Here is a look at the best Asian horror movies of all-time.
10 A TALE OF TWO SISTERS
Remade by Hollywood as The Uninvited, the 2002 South Korean horror movie A Tale of Two Sisters is superior in every way. The movie starts off with a young girl released from a mental institution and returning to her home with her father and younger sister. The reunion with her stepmother is less joyful.
When she starts to see the ghost of her dead mother, Su-mi begins to wonder if there was more to her mom's death than originally thought and her eyes turn to her stepmother. To reveal more would be heading toward spoiler territory, but A Tale of Two Sisters is a twisted Asian horror movie and one of the best of its kind.
9 RINGU
Ringu is the one that started it all when it comes to Hollywood remakes. Remade as The Ring, the Hollywood version was not only one of the most successful Asian horror remakes but very scary on its own. The original Asian horror movie was itself an adaptation of a novel that had already been adapted into a Japanese television film.
RELATED: The 16 Best Japanese Horror Movies of All Time
The movie, released in 1998 by director Hideo Nakata, features a news reporter who investigates the mystery of a videotape that allegedly kills anyone who watches it seven days later. It was a huge success and there have now been 12 films in the franchise about the vengeful ghost known as Sadako.
8 SHUTTER
Released in 2004, Shutter is an Asian horror movie from Thailand that focused on strange images found in developed photographs. After an auto accident causes them to run over a young woman on the road, Jane and Tun flee the scene. However, after this Tun begins to notice white shadows with faces in photos he develops.
RELATED: 10 Best Thai Horror Movies
When it turns out the girl was not a stranger but was instead a former girlfriend of Tun, people close to him start to die and it appears that the vengeful ghost of the girl has returned seeking revenge. A Hollywood remake came in 2008 starring Joshua Jackson and Rachael Taylor.
7 JU-ON: THE GRUDGE
In 2004, Hollywood released The Grudge with Sarah Michelle Gellar leading the cast to mixed reviews. It was popular enough to receive two sequels but couldn't compare to the horror of the original Japanese version, titled Ju-on: The Grudge. Released in 2002, the movie was actually the third in the series but the first to get a theatrical release.
The movie follows the legend that when a person dies in a jealous rage, a curse remains left behind. The curse then repeats itself over and over in the future at the location the original deaths occur. It was a monster success and there have been nine Japanese movies in the series and a new American version is coming in 2020.
6 THE EYE
The Hollywood remakes of Asian horror movies hit its breaking point in 2008 when Jessica Alba starred in The Eye, a movie critically panned (22% rotten) with a Razzie nomination for Alba and a box office take of barely $31 million domestically. That remains even more discouraging since the original 2002 Asian horror movie by the Pang brothers was a huge success and wildly popular.
RELATED: 12 Best Horror Movies with Creepy Kids
The Eye follows a woman who had been blind since she was two getting a cornea transplant, receiving the gift of sight once again. However, the bad thing is that she can now see figures that foretell death and destruction. There were two sequels in The Eye 2 and the incredibly entertaining third movie in the series, titled The Eye 10.
5 AUDITION
Takashi Miike is one of Japan's greatest genre filmmakers with iconic classics like Ichi the Killer and Dead or Alive in his back catalog. In 1999, Miike turned his attention to Asian horror and created a movie that was scary based solely on the actual plausibility of the situation. It was also a tragedy with a victim who in no way deserved what happened to him.
RELATED: The 8 Scariest Moments in Modern Horror Movies
A middle-aged widower has secluded himself since his wife died but his son convinces him to get back into dating again. He ends up meeting a woman named Asami and grows attracted to her. However, he is very shy and introverted so he sets up a fake casting call to meet her and then asks her out. His lies come back to haunt him when the girl turns out to be mentally unstable and takes him captive.
4 UGETSU
There is nothing wrong with looking into the classics when discovering foreign-language films. In the realm of Asian horror movies, the 1953 Japanese film Ugetsu is as good as it gets. Directed by Kenji Mizoguchi, Ugetsu is a ghost story set in the Azuchi–Momoyama period Japan.
RELATED: 5 Awesome Supernatural Samurai Movies
A peasant farmer sets out during the Civil War to find his fortune, leaving them behind to protect them from the pirates that he might face along the way. The movie shows how greed and looking for fortune above enjoying the love already there leads to darkness when he comes across a ghost that teaches him a lesson -- too late.
3 TRAIN TO BUSAN
For anyone who thinks that there is nothing fresh in the zombie genre, check out the Asian horror movie Train to Busan. The film was released in South Korea in 2006 and tells the story of a workaholic father and his daughter who wants to visit her mother in Busan for her birthday.
RELATED: James Wan to Produce Remake of Korean Zombie Movie Train to Busan
He agrees to it but when they arrive at the train station, the zombie outbreak occurs and they end up fighting for their lives on the train to Busan. There is plenty of zombie horror but there is also fantastic character building and social commentary to make this one of the best zombie horror movies in years.
2 THE HOST
Sometimes, horror movie fans just need giant monsters. Everyone knows about the Japanese icon Godzilla but in 2006, Bong Joon-ho brought a new giant monster to the world of cinema with his 2006 South Korean monster film The Host. Not to be confused with the young adult Hollywood movie of the same name, this Asian horror movie pitted a monster against a group of survivors off the Han River.
Unlike many giant monster movies, The Host mostly focused on the relationship of a dysfunctional family that tried to stick together for survival. The movie was a monster success, the highest grossing South Korean film at the time of its release while winning Best Film at the 2007 Asian Film Awards.
1 THIRST
Park Chan-wook is one of the most successful South Korean filmmakers and his masterpiece has to be Old Boy as well as the other two movies in The Vengeance Trilogy -- Sympathy for Mr. Vengeance and Lady Vengeance. However, between those movies and his English language debut with Stoker (2013), he directed an Asian horror movie called Thirst.
As expected with someone like Chan-wook, this was a subverted example of a vampire movie. The movie followed a Catholic priest who fell in love with his friend's wife and then ended up turning into a vampire after a failed medical experiment. It is different, unique and very different from anything Hollywood attempts in the horror genre.
NEXT: 15 Foreign Blockbusters Hollywood Wishes They'd Made
Tags: the grudge, the ring, Horror
Which Arthur Character Are You, Based On Your MBTI?
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Friends: 10 Hidden Details About The Main Characters Everyone Missed
Vampire Diaries: 10 Worst Episodes Ever, According To IMDB
Friends: 5 Best Friendships (And 5 Worst)
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'Justice League: Gods and Monsters' Teaser Trailer: A Darker Animated DC Universe
by Sarah Moran
in Movie Trailers
For years the animated side of the DC Universe has seen great success come from adapting many of comics most celebrated stories - The New Frontier, The Dark Knight Returns, Flashpoint, etc. But this year Warner Bros. Animation and DC Entertainment have teamed with Machinima to develop a new animated film and three-part animated series based on an entirely original narrative - Justice League: Gods and Monsters.
From a screenplay by Alan Burnett (Batman: The Animated Series, Batman Beyond) and directed by Sam Liu (Batman: Year One, All-Star Superman), Gods and Monsters explores a “newly conceived reality” of the DC Universe and will feature versions of its most famous heroes that are much darker. Even more exciting for longtime DCAU fans is the involvement of Bruce Timm. The animation icon is working on the project as a producer (along with Sam Register), though he's also credited with co-developing the story and character designs.
Check out the first sneak peek (above) of Justice League: Gods and Monsters.
What becomes immediately apparent from watching this short trailer is that these are not the versions of Superman, Wonder Woman, and Batman we're most familiar with. They look and act dramatically different, appearing to be a Justice League comprised of only the Trinity - and are in no way beloved by the people of Earth.
Further details taken from a behind-the-scenes featurette on the recently released Batman vs. Robin Blu-Ray (via Nerds on the Rocks) reveal that this version of Superman is the son of General Zod and therefor more violent and quick-temperored. Wonder Woman is not an Amazon but rather one of the New Gods and wife of Orion. As for Batman, he isn't Bruce Wayne but instead Kirk Langstrom (AKA Man-Bat) and is dying from cancer. Using bat venom in an attempted cure, Langstrom transforms himself into a pseudo-vampire, now feeding on the blood of criminals to sustain himself.
The whole conceit of Gods and Monsters is that the Justice League are being framed for the murders of several, famed scientists - Ray Palmer, Victor Fries, Silas Stone, etc. And after seeing just how different and violent these versions of Superman, Wonder Woman, and Batman are, it's easy to understand why that would be so believable.
Wonder Woman, Superman, and Batman in 'Justice League: Gods and Monsters.'
This radically different Justice League won't be the only changes to the DC Universe as we know it. Both Darkseid and Lex Luthor are set to make appearances, with Luthor being described as akin to Stephen Hawking, seeking out knowledge instead of lusting for power. Darkseid, however, may only appear briefly, but with this version of Wonder Woman hailing from Apokolip's sister planet, New Genesis, there's a good likelihood the two share something of a past.
What do you make of this dramatically different take on DC Comics' most iconic heroes? Are you excited to explore this new animated continuity? Sound off in the comments below!
Justice League: Gods and Monsters Chronicles will premiere on Machinima in the second quarter of 2015, not too long before the Justice League: Gods and Monsters animated feature is made available for home viewing.
Source: Warner Bros, Nerd on the Rocks
Tags: justice league, justice league gods and monsters
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The Welfare Fund Project
To maintain a small reserve fund to help Asylum seekers and Refugees in emergency when they have no money themselves. It could, for example, be used to purchase nappies, baby milk or food for a destitute family. It could be for urgent transport, for example to attend a solicitor’s appointment.
It is on-going, rolling from year to year
Charity information: Slough Refugee Support
In the year Apr 2009 to Mar 2010 there were 2,165 visits to our Service by needy households, and 36.5% of these visits were from households with no source of income what-so-ever. The aim is always to use the Fund in a way which enables a longer term solution to the problem. Eg a few pounds can enable a destitute person to get the photos needed to claim subsistence payments from the Home Office. Families may be at risk of hunger or a night on the street, or unable to get to a vital appointment.
Last year we spent £1,785 from the fund. Most of the payments given out were under £10.00. Just a few pounds can make all the difference to a person’s future. At the end of the year the Fund stood at £65, and we constantly need to top it up. We receive donations from individuals, faith groups and clubs. As explained, a little goes a long way, and we would be grateful for any donation from £5 to £500.
To help Refugees with emergency payments in order to get lasting solutions to their problems.
» By giving small emergency grants governed by rigorous guidelines. These include 2 people to agree on a payment, and no more than 3 payments per client
Success will be...evidenced through the careful monitoring of the payments and the outcomes in terms of emergencies solved, e.g. legal assistance obtained.
To lift households out of destitution.
» To pay for photos, transport and emergency supplies while actively seeking a long term solution to the emergency.
Success will be...evidenced through the careful monitoring of the payments and the outcomes in terms of e.g. income sources and/or accommodation obtained for households.
In the long term destitute households will be enabled to subsist, to carry forward their asylum case, to have a roof over their heads, or to integrate and settle into their new country and life. The Welfare Fund is highly cost effective in enabling long term solutions, contributing to community cohesion, and giving vulnerable adults and families emergency respite and help in the midst of confusing bureaucracy.
We avoid risk by doing everything we can to maintain a small emergency fund at all times and adhering to our guidelines. There is no risk of anyone depending on the fund because, except in exceptional circumstances, there is a maximum of 3 payments per client. In the very unusual case of needing to supply bed and breakfast we require the permission of a Trustee, and have to be working towards a longer term solution.
Through our Annual Report which shows the needs, expenditure, and describes outcomes of our work. If any donor wished, we can also supply the breakdown of expenditure on different items for any year. The categories cover: Food; Transport; Photos; Toiletries; Baby Items; Accommodation.
Budget - Project Cost: £1,800
£1,800 Welfare Fund Emergency welfare payments
Jill Franklin Trust £500 Guaranteed
It is based at our premises in Bath Road Slough. Slough has a considerable population of asylum seekers and refugees partly due to proximity to Heathrow, and also because it is a town with a highly diverse population. In spite of this, there is a great shortage of immigration solicitors in Slough, and clients have to travel some distance for the legal help required in applying for asylum, dealing with appeals, and other immigration business.
People applying for asylum in the UK and those who have been granted some form of leave to remain in the UK. People with refugee status. In some cases we help failed asylum seekers to get the papers to return with dignity to their own country. More rarely we might help an illegal migrant to regularise their status.
Because we have 13 years of experience working in this field, we are the only Drop-in Centre for all refugees and asylum seekers in Slough able to give this support, and because we have an experienced and trained team of volunteers to administer the project.
Drop-In Co-Ordinator
She manages the Drop-in service and recruits and trains the volunteers
She manages and keeps records of all petty cash transactions, keeps the ledger, and collates the statistics on the use of the Welfare Fund
20 Volunteer Advisers
The Volunteer Advisers deliver the service. They reflect the diverse population of the town, and do a wonderful and dedicated job.
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Sun 31 Jan, 2016, 10:00 PM (EST)
Novak Djokovic vs. Andy Murray 2016 Australian Open Final Pick, Odds, Prediction
By: Randy
Created: 1/29/16
Andy Murray vs. Novak Djokovic
Sunday January 31, 2016, 10:00 PM (EST)
The Line: -- Over/Under:
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Novak Djokovic and Andy Murray square off Sunday morning in the final of the 2016 Australian Open.
Novak Djokovic is coming off a four set win over Roger Federer and has lost three sets this tournament. Djokovic is getting at least 57 percent of his first serves in play and is winning no less than 65 percent of those points. Djokovic has racked up 32 winners in his last two matches and has 128 unforced errors in his last three matches. Djokovic played some of his best tennis in his last match, simply destroying Federer in all aspects. Djokovic has proven time and time again that he’s the top player in the world, and he’s looking for his fifth major in his last six tries. Djokovic has lost in grand slam final three times since 2013 but never in the Australian Open. Djokovic looks for his sixth AO title.
Andy Murray is coming off a five set win over Milos Raonic and has dropped four sets this tournament. Murray is getting at least 57 percent of his first serves in play and is winning no less than 73 percent of those points. Murray has produced 87 winners in his last two matches and 28 or less unforced errors in four of his six matches. Murray continues to play high level tennis, but you have to worry about fatigue at this point considering he’s played 92 games in his last two matches. Still, Murray’s lack of unforced errors does give him a chance to pull off the upset. Murray has lost all four of his Australian Open final appearances. Murray looks for his first grand slam title since the 2013 Wimbledon.
These two have played 30 times in the past, and Djokovic leads the series 21-9. The most recent match was in last year’s Paris Masters, a match Djokovic won in straight sets. Djokovic has beaten Murray in 10 of the last 11 meetings. Murray’s last win over Djokovic came in the 2015 Canadian Masters. Three of the last five matches between these two have gone the distance.
I said Federer was the only person who could beat Djokovic in this tournament, and Novak crushed him with ease. It’s hard to see Murray getting it done, especially after a five set match while Novak has an extra day of rest.
Look for Djokovic to win yet another grand slam crown.
GrabThePoints
Randy Chambers has been with Sports Chat Place since 2014 and covers everything from the NFL to WNBA and tennis. Nobody works harder in this business in terms of content produced and amount of sports covered. Formerly a lead college football writer with Bleacher Report and has had his work featured at Fox Sports, CBS Sports and various other outlets.
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All posts by Comrade
Analysis, Environment
The facts on Climate Change Demand A Radical Solution
January 10, 2015 Comrade
by Evan Engering
The latest book of Naomi Klein, the influential Toronto-based journalist, author and activist, may live up to its ambitious title “This Changes Everything”. In it, Klein turns her thorough, eye-opening brand of investigative journalism to the topic of climate change. The book is a surprising achievement for a mainstream author. Her call for a new grassroots movement to rise up and defeat neo-liberalism and halt climate change has been publicized on television and in book stores across Canada and around the world.
Continue reading The facts on Climate Change Demand A Radical Solution →
bookCapitalismclimate changeeco-socialismecologyecosocialismEnvironmentglobal warmingnaomi kleinreviewthis changes everything
Anti-War, Canada, NDP
Did Intervention in Middle East prompt Ottawa shootings?
November 3, 2014 Comrade
by Evan Engering and Barry Weisleder
Immediately after two Canadian Forces soldiers were killed in separate incidents on October 20 and 22, Conservative Prime Minister Stephen Harper called the assailants ‘terrorists’. Leader of the Official Opposition New Democratic Party, Tom Mulcair, disagreed, citing a blend of factors, psychological and political.
Harper seized on the gun fight in a hallway of Parliament, in which a deranged man with a rifle fell in a hail of police bullets, to step up his assault on civil liberties. Mulcair and the labour-based NDP opposed Harper’s words, but should oppose his direction on principle, not just on semantic grounds.
Against a backdrop of widespread grief for the dead soldiers and their families, Harper and the business media stoked the fires of patriotism, which spilled over into Islamophobic acts across the country.
The assailants, Michael Zehaf-Bibeau and Martin Couture-Rouleau, recent converts to Islam, were not linked to ISIS. What is not known is whether they lashed out for political or personal reasons. Thus, their actions can be seen as an indictment of Canada’s faltering mental health care system. Or they can be cited as ‘blow-back’ from western military intervention in the Middle East. Or both.
In any event, the context of the attack on the soldiers, and the Conservative government’s rhetoric in response to it, reveal another crack in the myth that Canada is a peace-keeping state.
In early October, Prime Minister Stephen Harper commited fighter jets, pilots and ground crew to join the U.S.-led bombing campaign in war-torn Iraq and Syria. That came on the heels of 13 years of Canadian military intervention in Afghanistan, and Ottawa’s involvement in NATO wars in the former Yugoslavia, in the Persian Gulf, Libya, and Somalia. This is not to mention Harper’s brash support for the Israeli apartheid state, and for its brutal summer 2014 onslaught against the people of Gaza.
Harper in Libya
Conservative foreign policy makes many enemies at home and abroad, but individual attacks against military personnel on Canadian soil play directly into the hands of the capitalist rulers, fanning the flames of pro-war sentiment, racism and jingoism. Stephen Harper and his collaborators, by their engagement in military interventions in the East, have certainly outraged peoples there, fanning the flames of their discontent with the West. Every bomb dropped by Canadian, American and allied fighter jets on Iraq and Syria brings fresh recruits to ISIS.
And the context of intervention goes back much further.
In this centennial year of World War 1 it is timely to recall Canada’s contribution to the sad legacy of big power nationalism and imperialism as it continues to plague the peoples of the Middle East. Canada joined WWI at Britain’s behest to fight for the class interests of the Triple Entente rulers against those of the Central Powers. Arms producers became obscenely rich, while millions of workers died in trenches, at sea, and by aerial bombardment.
That conflagration was sparked by an assasination in Sarajevo that detonated an already tense situation. For the Arab and Kurdish peoples then living in the countries now under attack, it meant the drawing of artificial borders along lines beneficial to the British and French colonial powers. The foreign rulers called that infamous arrangement the Sykes-Picot Agreement. It is no surprise that the current prime target of the Western rulers, the Islamic State, pledges to abolish the borders imposd by Sykes-Picot.
Prime Minister Harper, in the wake of the Ottawa shootings, made an emotive speech that was broadcast live. In it, he condemned any and all who attack Canadian soldiers as somehow attacking all “Canadians as a free and democratic people”, and he doubled down on his “national security” plans. But one is hard pressed to recall the Prime Minister making such a hardline speech regarding the hundreds of missing and murdered aboriginal women. He continues to refuse to launch an inquiry into that ongoing tragedy.
In the face of Conservative plans to legislate U.S. Patriot Act-style infringements on civil liberties, progressive and working class people should stand up to the government and its insidious plans. We should expose the big lies – the false claims that the Canadian state has a duty or right to interfere militarily in the Middle East, that the Canadian Forces are serving to protect all, rather than uphold the interests of corporate Canada, and that we should accept the expansion of the surveillance state for our own good.
Instead, the streets should be filled with demonstrators demanding: Canada out of NATO! Ottawa, Washington, London and allies, Out of the Middle East!
civil libertiesIraqOttawaStephen HarperSyria
Announcements, Canada, Youth
Mississauga Municipal Election
October 22, 2014 Comrade
Evan Engering is running in the municipal election in Mississauga wards 3 and 5. Read the campaign platform here
ELECT EVAN ENGERING
SOCIALIST ACTION – SCHOOL TRUSTEE CANDIDATE –
Mississauga WARDS 3 & 4
I am a student, labour activist and have been a resident of Mississauga for 24 years. My family has a long history of learning at, and working for the Peel District School Board. I care deeply about our public school system. From the fight against Bill 160 in the Conservative Mike Harris years, to the most recent dispute with the McGuinty/Wynne Liberal government, I have walked the picket line with teachers, defending their right to decent wages and collective bargaining. As a student, I have taken part in demonstrations in Ontario and Quebec in favour of free, quality post-secondary education for everyone.
This municipal election is full of liberals, conservatives, and other candidates who have no plans to change the status quo, or to make Mississauga a better place in which to live. With land development firms making bigger campaign contributions than any other entity – while public services shrink — it’s clear who’s calling the shots and who’s getting left behind.
The school trustee races are particularly lacking in policy platforms. Most candidates seem content to run on vague slogans and platitudes, rather than advance clear ideas, let alone good ones. This is why it is time for a change. We need real working class candidates to stand up for our public services and to offer a bold direction, to fight for radical change, to ensure that everyone is guaranteed free and equal access to quality public services.
For free secular public education, with one school system in English, and one in French. No public funding for religious, separate or private schools.
End standardized testing. End streaming of students into dead-end courses.
No cutbacks. No school closures.
For free collective bargaining for all education workers. For decent pay, benefits and job security for teachers, substitute teachers, hall monitors, lunch room attendants and school office staff.
Elimination of property tax on primary residences.
For steeply progressive taxation of land developers, big corporations and banks, religious institutions and the rich.
A new needs-based funding formula to cover the real costs of public education.
Smaller class sizes in every grade; more teachers and support staff.
Give students a greater range of subjects and make improvements in culture, arts, music, sports and environmental studies.
Increasing funding for Adult Education and English as a Second Language (ESL) program’s.
Voting rights in civic elections for permanent residents.
Endorsed by Mississauga New Democratic Youth
Evan EngeringMississaugaSocialist Action
Dump Ford! For A Labour City Hall!
June 10, 2014 Comrade
Here is the link to our latest booklet made ahead of the 2014 Toronto municipal election.
Anti-War, Canada
Harper’s Hypocrisy on Ukraine
May 13, 2014 Comrade
It is often said that truth is the first casualty of war. But in the dark days of late capitalism we have learned one more thing. From the tall tales about murdered “incubator babies” and alleged “weapons of mass destruction” in Iraq, we know that even before a war is declared, the truth comes under withering assault.As Canadian Prime Minister Stephen Harper sends fighter jets and troops to NATO bases in Poland, this becomes evident. After over 80% of the people in Crimea voted to rejoin Russia, western media and politicians went on a propaganda rampage, posing any argument they could imagine to de-legitimize the referendum. While Putin’s actions were heavy-handed, Russia was not alone in recognizing the validity of the vote. Many countries in the global South did. But the Western media played its usual role in trumpeting the claims that the election was held at “gunpoint”, ignoring the fact that Russian soldiers were already legally stationed in the region, by treaty, as they had been for years.
The most brazen display of Western hypocrisy came courtesy of political leaders after the vote in Crimea. Prime Minister Harper flew to Ukraine in March for the purpose of expressing support for the new Ukrainian government and to shake his fist at Russia. Even after flying there and back, Canadian politicians and media were silent on the ultra-nationalist character of the new regime in Kiyiv.
Taking advantage of folks with a short memory, Harper did a double about-face. Late last year he visited Israel. Even writers at the right wing Sun newspapers and the National Post expressed their loathing to hear the tired old argument that criticism of Israel is anti-Semitism. Of course, the ongoing illegal and expanding Israeli settlements in the West Bank were not mentioned. Fast forward to Harper’s recent visit to Ukraine. Suddenly his viewpoint is reversed: annexation of another country or region is instantly outrageous, whereas anti-Semitism (this time not from the dark crevices, but from the junior partner in the ruling coalition government in Kijiv) is ignored. If Harper were a man of democratic principles, such cognitive dissonance would make him dizzy!
The Ukrainian Jewish community was shamelessly used by US Secretary of State John Kerry. A distributed leaflet, purportedly from the “pro-Russian” group, the Donetsk People’s Republic, ordered all Jews in the area to surrender their money and register themselves. But the document was a fraud. Despite Kerry’s fast and furious condemnation of the document, nobody claimed authorship for this supposedly public edict.
Again, Kerry has no known history of speaking out against the actual proven racism of Svoboda or any other pro-Maidan fascists. He does, however, have a history of speaking out against a foreign adventure that was started and waged under a US president from the Democratic Party. Kerry served in the Vietnam war under US President Lyndon B Johnson and, upon his return to the US, joined the anti-war movement as a member of Vietnam Veterans Against the War. Now that he is in a position of influence and power, like a butterfly coming out of a cocoon, he has metamorphosed from anti-war activist to imperialist war hawk.Fortunately for Harper and Kerry, they can maintain these positions and contradict them freely, for it is clear as day that their actions are not motivated by principle or respect for international law at all, but by crude geo-political strivings for power and profit abroad. Unfortunately for Canada, the media’s rabid focus on Putin’s wrongdoings have blown the situation out of proportion. While condemnation of his oligarchical regime is justified, it is no reason to take our own government’s sabre-rattling rhetoric at face value.
Canadians who are outraged Russia’s actions, but were not so opposed to Canada’s presence in Afghanistan, or who don’t mind Ottawa’s role in NATO, should be mindful of the narrative they are being sold by politicians and media. Canada just happens to be on one side of the geo-political divide. Russia is on the other. Considering that this whole situation started with protests against the refusal of Yanukovich to accept a deal with the EU, and that the US (which is no objective party to any conflict in the world) has picked a side, there is no reason to believe this is anything other then an inter-imperialist conflict. We should be calling for NATO to pull back; and for the US to stop funding the ultra-nationalist, rightist regime in Kiyiv. Neither intervention from Russia or Western forces is needed, but for Ukraine to exercise its sovereignty through democratic elections – and to allow its regions more autonomy, outright independence, or if they wish, to choose merger with Russia.
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Defending Pimlico School
Published Tue 18 Mar 2008
Protesters occupied the lobby of Sovereign Capital on Wednesday of last week, in protest at plans to turn Pimlico School in south London into an academy.
Sovereign Capital is the private equity company founded by tycoon John Nash that wants to sponsor the academy.
Westminster council, despite three consultations that have shown overwhelming opposition, is pushing ahead with the plans. It voted at a meeting on Monday of this week to allow the academy to go ahead.
Georgina Schueller is a parent who joined the protest. She told Socialist Worker, “I’ve been very happy with the quality of education at Pimlico.
“Westminster council has said that the only way we can get money for improvements to the school is if it is turned into an academy. It’s blackmail.
“Academies often offer more ‘vocational’ qualifications. They are easier to pass but not worth as much.
“It makes academies look like they’re getting good results but is nothing to do with giving children a better education.”
Dave Gay, an NUT member and former teacher at Pimlico, said, “The best way to beat academies is for teachers to take strike action to stop them.”
Tue 18 Mar 2008, 19:07 GMT
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Botswana shut down by first mass strike
Published Tue 26 Apr 2011
A strike by more than 90,000 government workers has paralysed Botswana in southern Africa for more than a week.
It is a historic moment for the working class in Botswana.
The Botswana Federation of Public Sector Unions—made up of five unions representing over 90 percent of the government workforce—called the strike.
The ten-day stoppage, which started on Monday of last week, is the first mass public sector strike in the country’s history.
And it is the first legal public sector strike—something won only last year, when the government was forced to back down.
Even in the hometown of president Ian Khama—who publicly declared his unwillingness to compromise last week—workers marched, singing. The confidence of the strikers is something never seen in the country before.
Workers are fighting for a 16 percent wage increase.
They have had no raise since 2008, despite rising inflation.
The government has offered 5 percent, arguing that there is no money due to the economic crisis. But the workers reject that.
The strike has had a paralysing impact. Most government offices are closed.
Doctors, nurses and cleaners from clinics and hospitals joined ranks with teachers and cooks from government schools.
On the second morning of the strike, one picket said, “There is more than enough money.
“They pump millions into the Directorate for Intelligence and Security Services which is only spying on people, but where are our allowances?”
Another striker added, “They have money to build expensive houses for ministers and palaces for former presidents while they impose VAT on us.”
Workers are clearly influenced by the revolutions in North Africa and the Middle East.
Some are talking about “regime change” in Botswana, where the ruling party has been in power for more than 40 years.
Thanks to International Socialists Botswana
Tue 26 Apr 2011, 17:53 BST
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14 November will be a day of strikes across southern Europe
Millions of workers in Portugal, Spain, Italy and Greece are set to walk out together in less than two weeks time, in an unprecedented general strike across southern Europe.
The debt crisis spreads from Greece across Europe
France, Greece, Italy, Portugal, and—last but not least—Spain. A storm of anti-austerity protest has been sweeping through Europe.
Bank crisis could let Berlusconi return
Ratings agency Moody’s downgraded some of Italy’s major banks on Monday of this week.
Italy: one crisis follows another
Mario Monti’s government in Italy is in a deepening crisis. He has watered down his flagship labour reforms, and now business leaders have slammed them.
The eurozone’s not so happy new year
New Year cheer is in short supply judging by the latest statements from European leaders. Germany’s chancellor Angela Merkel, France’s president Nicolas Sarkozy and Italy’s president Giorgio Napolitano all began the year by warning of more pain to come.
Italy’s Monti faces strike wave
A huge strike wave involving thousands of workers kicked off in Italy this week. The country’s three main union federations—the CGIL, CISL and UIL—joined together for their first united strikes for six years.
Italy: unelected leader imposes new austerity measures
Unelected leader Mario Monti has forced through 30 billion euros of austerity cuts by parliamentary decree. These new cuts will be implemented before Italy’s parliament can discuss them.
Market chaos shows the crisis is far from over
There is huge uncertainty across Europe. Bank shares are plunging, France is facing a possible credit rating downgrade and the markets are falling sharply in France, Spain, Italy and Germany.
Downfall: Crowds gather in Rome to cheer Berlusconi's departure
Italians have been celebrating the downfall of their hated prime minister Silvio Berlusconi, who resigned in disgrace last night (Saturday).
Crisis is at the heart of capitalism, as any ‘expert’ should know
Europe’s leaders breathed a sigh of relief when prime ministers George Papandreou in Greece and Silvio Berlusconi in Italy stepped down.
The Tories can't ignore the turmoil in the eurozone
Britain is not immune to the crisis that is crashing through Europe. More than half of Britain’s trade is with the European Union (EU). Now Italy’s economy is reaching a tipping point. And this is making for some very nervous bankers in the City of London.
The key players in Italy
The Italian political establishment is bloated and corrupt. Among the huge political elite is a myriad of parties, formed through bitter splits and personal rivalries.
Italy's Mario Monti represents the old order
Mario Monti is the new leader of Italy. He has not been elected. Instead he has been picked by Europe’s elite to "fix" the crisis in Italy.
Downfall: Crowds gather in Rome to cheer Berlusconi’s departure
As Italy's crisis grows - resistance to austerity is key
The economic and political crisis in Italy is deepening amid growing fears that the country will default on its debt.
West’s role in dictator’s downfall shouldn’t stop us celebrating
MUAMMAR GADDAFI’S end resembles nothing more than that of Italian dictator Benito Mussolini, sometime colonial master of Libya.
Day of rage across Italy
Tens of thousands marched in Rome—and police responded with tear gas and water cannon.
Cable Street - they did not pass
IT was 1936 and fascism was spreading across Europe. Adolf Hitler had become chancellor of Germany. Benito Mussolini had seized control in Italy. Franco was on the march in Spain. And the British Union of Fascists (BUF) was trying to do the same in Britain.
General strike brings Italy to a halt
Millions of workers in Italy took part in a general strike today (Tuesday) against the government’s austerity plans.
Ten years on: the bloody battle of Genoa
Ten years ago huge anti-capitalist protests in the Italian city of Genoa shook the world’s leaders.
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Tag: sergeant york
Sergeant York (1941)
Render Unto Caesar
It’s refreshing to watch a film like Sergeant York with it’s straight up old-fashioned Boy Scout, trying- to-do-what’s-right hero. There’s no edginess, no irony or need for an anti-hero here and while there’s a place for that I enjoy seeing a protagonist who’s trying to reflect the best of humanity; many will find this boring and corny but I dig it. Who better to play such a role than the boy scout-iest of actors (along with Jimmy Stewart) – Mr. Gary Cooper as Alvin C. York; the story of a contentious objector whom in an ironic twist of fate became a war hero. Although you do have to ask if Cooper was too old for the role of York as at the beginning of the movie he is presented as a pathetic man-child still living with his mother.
Sergeant York is the black sheep in Howard Hawks’ filmography, lacking his trademarks and in many ways the opposite of what you would expect from him. Sergeant York is a film which espouses traditional morality and notions of marriage. Joan Leslie as York’s love interest Gracie Williams is anything but a Hawksian woman; rather is as innocent and wholesome as you can get. The real Alvin C. York himself initially refused to allow Hollywood to make a film about his life over concerns of the morality espoused in their films resulting in Sergeant York being as wholesome and old-fashioned as it is in a film in which religion and the community dominate everyday life. However, it’s not religion which triggers York’s reformation but rather the love of a woman which allows the audience’s identification with the character not be a purely religious one. Likewise, the foreshadowing from Pastor Pile (Walter Brennan) to York being struck by lightning avoids making the plot device more contrived.
At its heart, Sergeant York is a movie about pacifism. While its examination of the topic is very much pacifism 101 it is still thought-provoking stuff and lets the audience make up their own mind as the film doesn’t propagate a point of view (including that which York comes to) onto the viewer. The discussions within the film, on York trying to determine the right thing to do, present both religious and secular arguments in relation to pacifism. On the religious side York states that the Bible is against killing as his reason to be exempt from military service but the draft board states the Bible can be interpreted as its followers choose. On the secular side of things, York is handed a book on the history of the United States by one of his superior officers and is told if he wants to worship God in his own way, plow his fields as he sees fit and raise a family according to his own likes then the cost of that heritage is high – In the words of Team America; freedom isn’t free. One of the most striking images in the film is that of York and his dog sitting on a rock on the side of a cliff overlooking the wilderness in a state of deep thought as the words “God” and “Country” are repeated in his head serving as inspiration for the challenge of wrestling with weighty decisions (What Would York Do?).
It’s clear Joan Leslie in the role of York’s future wife Gracie can only just manage to act herself out of a paper bag but manages to get away with it on endearment alone. However, the show stealer is Walter Brennan and those amazing eyebrows as the father like figure Pastor Pile; I don’t think anyone can play an endearing old man better than Brennan. The other cast member that sticks out to me is Dickie Moore as Alvin’s younger brother George. I’m not sure if his performance is supposed to be funny or not but his monotone reaction to everything makes me laugh.
Sergeant York is one example in media of Appalachians being presented in a dignified manner rather than being the butt of jokes. In Sergeant York, there are presented as uneducated and sheltered but not as a pack of simpletons. As it turns out the writers and filmmakers had little choice in this matter as the real York and several townsmen in Tennessee refused to sign releases unless the film was an accurate portrayal of history. Likewise, not a single character in the film, both in York’s rural Tennessee home or at the army barracks in which he trains, seem to know what the war is about but then again no one knows what World War I is all about.
Author MichaelPosted on January 1, 2018 November 10, 2018 Categories Movie ReviewsTags 1940's, 1941, Alvin York, dickie moore, Drama, gary cooper, george tobias, Howard Hawks, joan leslie, june lockhart, margaret wycherly, noah beery jr, sergeant york, stanley ridges, walter brennan, war, ward bond2 Comments on Sergeant York (1941)
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Tag: twilight’s last gleaming
Twilight’s Last Gleaming (1977)
Not The Final Installment In That Teen Vampire Series
1977 was a year of some high profile bombs which later achieved some cult status such as Cross of Iron, Sorcerer and Twilight’s Last Gleaming. This partially came about from the competition from a certain film called Star Wars which offered a more optimistic and hopeful cinematic experience. As someone who has mixed feeling on New Hollywood, these movies don’t deserve to be ignored the way they are and are some of the best hidden gems of the 1970’s. Likewise, the trashy, conspiracy theory concept of Twilight’s Last Gleaming would be the ire of many high brow critics but it’s the high concept which makes Twilight’s Last Gleaming irresistible and helps the viewer to look past the implausibility of the premise. This is a film which trades it’s logic for emotion and is aware of its own implausibility (“How in the hell does some joker walk into a top-secret installation and get control of the most sophisticated weapons system in the world?”). As a layman, it feels believable within the context of the movie but it’s always fun to ask, could it happen in real life?
Twilight’s Last Gleaming features an ironic use of ‘My Country Tis of Thee’ during the opening and closing credits; it’s not exactly a happy movie. Oddly, however, Jerry Goldsmith’s score sounds like something from an action/adventure blockbuster and is even John Williams like at times. The action takes place over a single day in what can be described as Dog Day Afternoon like scenario in a missile silo for a film which you could mistaken as being based on a stage play with its handful of sets and lengthy scenes. On my first viewing I wasn’t convinced the running time was justified but watching it again I was hooked. Twilight’s Last Gleaming takes is set in the future year of November 16th, 1981 although it’s not stated why it’s set on this particular date.
Burt Lancaster was still getting some great roles into the 1970’s. He still had his mojo and now with a beat-up face to boot. As one of the characters in the film puts it, “with that rhetoric he could be elected governor in ten states”. Lancaster’s role of General Lawrence Dell draws parallels to his role of General Scott in the political thriller Seven Days In May; a megalomaniac going to extremes in order to fulfill his agenda despite the risks to the United States and the world as a whole. He may be trying to provide a catharsis to the pain and anger of Vietnam veterans but at what cost? Lancaster and co-star Paul Winfred have an enjoyable chemistry between them and provide comic relief with their back and forth. It’s interesting seeing Lancaster sparring off with actors much younger than him as well as dropping some F-bombs. On top of that, there is something surreal about watching Burt Lancaster drinking a can of Coca-Cola. Product placements for Coca-Cola appear at several points throughout the film with Coke vending machines in clear sight; I guess they have to answer to The Coca-Cola Company.
Twilight’s Last Gleaming consists of veteran actors talking some serious stuff. The discussions in the Oval Office scene are a lot to take in on one viewing (“Ralph! Are you comparing Vietnam to Hitler?!” – It always goes back to Hitler). The movie is full of entertaining one-liners – “It’s like Star Trek all over again”, “Come on this isn’t Disneyland” and my favourite, “There are no midgets in the United States Air Force”. The oldest among this cast is Melvyn Douglas, the prime example of an actor who got better with age as clearly evident here; full of powerful subdue comments and monologues (“The beginning of the end of mankind, in graphic black and white”).
The film’s extensive use of split screen works remarkably well and does not feel like a gimmick creating a unique viewing experience; the split screen here is clearly not an afterthought. The entire sequence in which missiles are about to be launched is presented entirely in split screen with events being monitored in three different locations in order to heighten the tension. The scene itself is one scary sequence with the pandemonium and the sight of the missiles rising (the model of the silo exterior is shown on screen just briefly enough not to notice they are models). The President himself describes it best – “The opening of the doors of hell”.
The President in Twilight’s Last Gleaming played by Charles Durning is not an idealistic representation of a president nor is he massively charming and ultimately a bit drab. However, we do get to see his human side during a scene in which he talks to his General alone and admits to being scared out of his mind. At the beginning of the film, there is a scene in which the President has a conversation with a character played by Roscoe Lee Brown. It doesn’t have a purpose in the plot but does set the tone of the White House scenes and foreshadows the rest of the movie (“If I grant Zabat sanctuary, I give approval to every dissident with a cause and a gun”).
The ending of Twilight’s Last Gleaming all comes down to the question of whether or not society can deal with the truth? With widespread distrust in the government starting with the assassination of JFK and not getting any better with the Watergate scandal, would the President’s cabinet reveal the movie’s purported truth on the Vietnam War to the American public like he ordered before being shot down in an attempt to take down the two men holding him hostage. However was his death even an accident or did they intend to let him be shot down in order to keep the truth hidden; it does seem odd that no medical aid is given to him after being shot. The ending is left ambiguous and the viewer is left to think about it.
Author MichaelPosted on November 15, 2017 November 10, 2018 Categories Movie ReviewsTags 1970's, 1977, burt lancaster, burt young, charles durning, Drama, jerry goldsmith, joseph cotten, melvyn douglas, paul winfield, politics, richard jaeckel, richard widmark, robert aldrich, roscoe lee browne, thriller, twilight's last gleaming, war, william marshall6 Comments on Twilight’s Last Gleaming (1977)
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Archive for Big Brother
TSA to expand pre-check screening at airports to sporting events, music festivals, rodeos and train terminals
Posted in Homeland Security, TSA with tags assembly line, Automated Targeting System, behavior techniques, Big Brother, Department of Homeland security, driver's license, expanding, FBI Terror Watch List, intelligence-driven, pre-check, pre-screening, profile, random screening, risk-based analysis, TSA, VIPR on October 22, 2013 by saynsumthn
The TSA is expanding its passenger screening process, according to a report in the New York Times. The TSA will use government and private records in order to pre-screen fliers and streamline the security process.
According to the New York Times, the agency says that the goal is to streamline the security procedures for millions of passengers who pose no risk, the new measures give the government greater authority to use travelers’ data for domestic airport screenings. Previously that level of scrutiny applied only to individuals entering the United States.
The prescreening, some of which is already taking place, is described in documents the T.S.A. released to comply with government regulations about the collection and use of individuals’ data, but the details of the program have not been publicly announced.
It is unclear precisely what information the agency is relying upon to make these risk assessments, given the extensive range of records it can access, including tax identification number, past travel itineraries, property records, physical characteristics, and law enforcement or intelligence information.
The measures go beyond the background check the government has conducted for years, called Secure Flight, in which a passenger’s name, gender and date of birth are compared with terrorist watch lists. Now, the search includes using a traveler’s passport number, which is already used to screen people at the border, and other identifiers to access a system of databases maintained by the Department of Homeland Security.
Privacy groups contacted by The New York Times expressed concern over the security agency’s widening reach.
The Transportation and Security Administration is expanding its’ reach to sporting events, music festivals, rodeos and train terminals. It’s all part of the TSA’s Intermodal Prevention and Response Squad (VIPR). However, complaints about TSA misconduct have increased by 27 % in the last two year, per a recent Government Accountability Office report. Michael Brooks, Producers producer for The Majority Report joins us to discuss whether the TSA is really the best situated agency to search Americans everywhere they go.
Critics argue that the problem with what the TSA calls an “intelligence-driven, risk-based analysis” of passenger data is that secret computer rules, not humans, make these determinations. Civil liberties groups have questioned whether the agency has the legal authority to make these assessments, which the T.S.A. has claimed in Federal Register notices and privacy disclosures about the initiative. Privacy advocates have also disputed whether computer algorithms can accurately predict terrorist intent.
The airline industry has supported the expansion of PreCheck and using data about travelers to decide who should receive more or less scrutiny at checkpoints, to reduce security bottlenecks and focus resources on higher-risk passengers.
At the heart of the expanded effort is a database called the Automated Targeting System, which is maintained by the Department of Homeland Security and screens travelers entering the United States.
Data in the Automated Targeting System is used to decide who is placed on the no-fly list — thousands of people the United States government has banned from flying — and the selectee list, an unknown number of travelers who are required to undergo more in-depth screening, like Mr. Darrat. The T.S.A. also maintains a PreCheck disqualification list, tracking people accused of violating security regulations, including disputes with checkpoint or airline staff members.
Much of this personal data is widely shared within the Department of Homeland Security and with other government agencies. Privacy notices for these databases note that the information may be shared with federal, state and local authorities; foreign governments; law enforcement and intelligence agencies — and in some cases, private companies for purposes unrelated to security or travel.
For instance, an update about the T.S.A.’s Transportation Security Enforcement Record System, which contains information about travelers accused of “violations or potential violations” of security regulations, warns that the records may be shared with “a debt collection agency for the purpose of debt collection.”
A recent privacy notice about PreCheck notes that fingerprints submitted by people who apply for the program will be used by the F.B.I. to check its unsolved crimes database.
“The average person doesn’t understand how much intelligence-driven matching is going on and how this could be accessed for other purposes,” said Khaliah Barnes, a lawyer with the Electronic Privacy Information Center, which has fought to block these initiatives. “There’s no meaningful oversight, transparency or accountability.”
For travelers who feel they have been wrongly placed on some type of watch list or experienced security screening problems, the Department of Homeland Security has established a Traveler Redress Inquiry Program. According to a review by the department’s Privacy Office, there were at least 13,000 inquiries to the redress program in the nine months ending March 31, but civil liberties groups and some travelers described the redress process as a black hole.
“A lot of people I know have tried it,” Mr. Darrat said. “And it just doesn’t really make a difference.”
NSA spying on American citizens deepens to internet traffic
Posted in Big Brother, Internet, NSA with tags American Citizens, Big Brother, FiSA Court, Internet, NSA, spying on August 21, 2013 by saynsumthn
The Wall Street Journal peels back another layer of the NSA surveillance onion with an exclusive report:
The National Security Agency—which possesses only limited legal authority to spy on U.S. citizens—has built a surveillance network that covers more Americans’ Internet communications than officials have publicly disclosed, current and former officials say. The system has the capacity to reach roughly 75% of all U.S. Internet traffic in the hunt for foreign intelligence, including a wide array of communications by foreigners and Americans. In some cases, it retains the written content of emails sent between citizens within the U.S. and also filters domestic phone calls made with Internet technology, these people say.
More details on “filtering” capabilities and processes. Note well the bits about content interception and data storage:
The NSA’s filtering, carried out with telecom companies, is designed to look for communications that either originate or end abroad, or are entirely foreign but happen to be passing through the U.S. But officials say the system’s broad reach makes it more likely that purely domestic communications will be incidentally intercepted and collected in the hunt for foreign ones…This filtering takes place at more than a dozen locations at major Internet junctions in the U.S., officials say. Previously, any NSA filtering of this kind was largely believed to be happening near points where undersea or other foreign cables enter the country….The NSA is focused on collecting foreign intelligence, but the streams of data it monitors include both foreign and domestic communications. Inevitably, officials say, some U.S. Internet communications are scanned and intercepted, including both “metadata” about communications, such as the “to” and “from” lines in an email, and the contents of the communications themselves. Much, but not all, of the data is discarded, meaning some communications between Americans are stored in the NSA’s databases, officials say. Some lawmakers and civil libertarians say that, given the volumes of data NSA is examining, privacy protections are insufficient.
MORE at TownHall
NSA audit proves BIG BROTHER is spying on Americans
Posted in Big Brother, Constitution, NSA with tags Big Brother, Edward Snowden, NSA Audit, spying on August 16, 2013 by saynsumthn
The National Security Agency has overstepped its authority and broken privacy rules thousands of times every year since being given new surveillance powers by Congress in 2008, The Washington Post reported, citing an internal audit and other secret documents.
The documents, which the Post claims it received earlier this summer from NSA leaker Edward Snowden, detail how the controversial agency has crossed the line many times over in its collection of massive amounts of data from around the world.
Read more: http://www.foxnews.com/politics/2013/08/16/nsa-reportedly-broke-privacy-rules-thousands-times/#ixzz2c9gb6drX
The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.
In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.
In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.
The NSA audit obtained by The Post, dated May 2012, counted 2,776 incidents in the preceding 12 months of unauthorized collection, storage, access to or distribution of legally protected communications. Most were unintended. Many involved failures of due diligence or violations of standard operating procedure. The most serious incidents included a violation of a court order and unauthorized use of data about more than 3,000 Americans and green-card holders.
Zip codes used by the Retailer Big Brother !
Posted in Big Brother with tags Big Brother, clerk, retailers, Zip Code on June 24, 2013 by saynsumthn
Big Brother plan calls for more scanning of private Web traffic, email
Posted in Big Brother, cyber security with tags banks, Big Brother, Cyber Security, Cyber War, government, scan e-mail on March 22, 2013 by saynsumthn
The U.S. government is expanding a cybersecurity program that scans Internet traffic headed into and out of defense contractors to include far more of the country’s private, civilian-run infrastructure.
As a result, more private sector employees than ever before, including those at big banks, utilities and key transportation companies, will have their emails and Web surfing scanned as a precaution against cyber attacks.
Under last month’s White House executive order on cybersecurity, the scans will be driven by classified information provided by U.S. intelligence agencies — including data from the National Security Agency (NSA) — on new or especially serious espionage threats and other hacking attempts. U.S. spy chiefs said on March 12 that cyber attacks have supplanted terrorism as the top threat to the country.
The Department of Homeland Security will gather the secret data and pass it to a small group of telecommunication companies and cyber security providers that have employees holding security clearances, government and industry officials said. Those companies will then offer to process email and other Internet transmissions for critical infrastructure customers that choose to participate in the program.
Big Brother’s U.S. Terrorism Agency to Tap a Vast Database of Citizens
Posted in Big Brother, National Counterterrorism Center, Privacy with tags Barack Obama, Big Brother, Constitution, Dragnet, executive order, government files of U.S. citizens, National Counterterrorism Center, NCTC, Privacy, spying, Wall Street Journal on December 14, 2012 by saynsumthn
H/T Hot Air
Remember when government needed something called a warrant or even probable cause to look at your records? Good times, good times. I’m nostalgic for the halcyon days of, er, February of this year, before the Attorney General of the United States signed off on an order allowing the government to access pretty much everything it wanted in the name of counterterrorism. The Wall Street Journal found out about the order and got a FOIA request to force its exposure:
Top U.S. intelligence officials gathered in the White House Situation Room in March to debate a controversial proposal. Counterterrorism officials wanted to create a government dragnet, sweeping up millions of records about U.S. citizens—even people suspected of no crime.
Not everyone was on board. “This is a sea change in the way that the government interacts with the general public,” Mary Ellen Callahan, chief privacy officer of the Department of Homeland Security, argued in the meeting, according to people familiar with the discussions.
A week later, the attorney general signed the changes into effect.
Read the WSJ U.S. Terrorism Agency to Tap a Vast Database of Citizens
Through Freedom of Information Act requests and interviews with officials at numerous agencies, The Wall Street Journal has reconstructed the clash over the counterterrorism program within the administration of President Barack Obama. The debate was a confrontation between some who viewed it as a matter of efficiency—how long to keep data, for instance, or where it should be stored—and others who saw it as granting authority for unprecedented government surveillance of U.S. citizens.
The rules now allow the little-known National Counterterrorism Center to examine the government files of U.S. citizens for possible criminal behavior, even if there is no reason to suspect them. That is a departure from past practice, which barred the agency from storing information about ordinary Americans unless a person was a terror suspect or related to an investigation.
Now, NCTC can copy entire government databases—flight records, casino-employee lists, the names of Americans hosting foreign-exchange students and many others. The agency has new authority to keep data about innocent U.S. citizens for up to five years, and to analyze it for suspicious patterns of behavior. Previously, both were prohibited. Data about Americans “reasonably believed to constitute terrorism information” may be permanently retained.
The changes also allow databases of U.S. civilian information to be given to foreign governments for analysis of their own. In effect, U.S. and foreign governments would be using the information to look for clues that people might commit future crimes.
“It’s breathtaking” in its scope, said a former senior administration official familiar with the White House debate.
Counterterrorism officials say they will be circumspect with the data. “The guidelines provide rigorous oversight to protect the information that we have, for authorized and narrow purposes,” said Alexander Joel, Civil Liberties Protection Officer for the Office of the Director of National Intelligence, the parent agency for the National Counterterrorism Center.
The Fourth Amendment of the Constitution says that searches of “persons, houses, papers and effects” shouldn’t be conducted without “probable cause” that a crime has been committed. But that doesn’t cover records the government creates in the normal course of business with citizens.
Congress specifically sought to prevent government agents from rifling through government files indiscriminately when it passed the Federal Privacy Act in 1974. The act prohibits government agencies from sharing data with each other for purposes that aren’t “compatible” with the reason the data were originally collected.
Read Rest
Big Brother : Mandatory Black Boxes in Cars
Posted in Big Brother, Privacy with tags Big Brother, cars, Mandatory Black Boxes, Privacy, spying on December 14, 2012 by saynsumthn
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Innate Immuno-Oncology
Conformational Genetics
Our STING Program
ROGER POMERANTZ, M.D., F.A.C.P.
Over the course of his career, Dr. Pomerantz led the development of 12 infectious disease drugs that have been approved and launched worldwide, and established an outstanding track record in licensing and acquisitions. Following an academic career, most recently as an endowed, tenured Professor of Medicine, Biochemistry and Molecular Pharmacology, and Chief of Infectious Diseases at Thomas Jefferson University and Medical School, he joined Johnson & Johnson’s Tibotec Pharmaceuticals unit as President. He subsequently moved to Merck, where he served as Global Head of the Infectious Diseases Franchise and Senior Vice President at Merck Research Labs, and Worldwide Head of Licensing and Acquisitions, Senior Vice President at Merck & Co. Following Merck, he become President, CEO and Chairman of the Board of Seres Therapeutics, where he continues to serve as Chairman. He joined Contrafect in 2014 as Vice Chairman of the Board of Directors and he currently serves as President, CEO and Chairman. He is also on several other boards including Intec Pharma, Inc. Dr. Pomerantz holds a BA in Biochemistry from Johns Hopkins University and an MD from the Johns Hopkins University School of Medicine. He did his medical post-graduate training at the Massachusetts General Hospital (MGH) and Harvard Medical School (HMS), where he did a subspecialty fellowship in Infectious Diseases. Dr. Pomerantz was also the Chief Resident at MGH. He is board certified in both Internal Medicine and Infectious Diseases. He did post-doctoral training at the Whitehead Institute of the Massachusetts Institute of Technology (MIT), in the laboratory of Dr. David Baltimore, in molecular retrovirology.
TRENCY GU, PH.D
Dr. Trency Gu is the Managing Director at Sequoia in their Shanghai Office, focusing on healthcare investments, with a focus on biotech, molecular diagnostics and precision medicine. Prior to joining Sequoia, she worked as an Associate at OrbiMed’s Asia team, covering healthcare and life sciences investments. Prior, Dr. Gu worked as a Project Manager at Eli Lilly Global External Research and Development Center in Shanghai, responsible for scouting, collaboration and partnership activities. She also worked at Shanghai Genomics, a biotech company on innovative drug discovery and development, as a Director for Development Planning. Dr. Gu has a B.S. with double majors in Biotechnology and English, and a Ph.D. in Biochemistry and Molecular Biology, both from Shanghai Jiao Tong University.
MARK GILBERT, M.D.
Mark J. Gilbert, Chief Medical Officer joined Juno in March 2014. Prior to joining Juno, Dr. Gilbert served as an interim CMO or consultant in strategic drug development and portfolio management in medical oncology for several US biotech and pharmaceutical companies. Previously, Dr. Gilbert served as Vice President and Head Global Clinical Development, Therapeutic Area Oncology, at Bayer Schering Pharmaceuticals. Prior to Bayer Schering, he held several executive positions with Berlex Pharmaceuticals and its parent company Schering, AG, mostly as Vice President and Head of Global Medical Development Group, Oncology. Dr. Gilbert joined Berlex from Immunex, where his responsibilities included development and medical affairs for Leukine and Mitoxantrone in hematology, oncology, Crohn’s disease, and multiple sclerosis. Dr. Gilbert received a B.S. in Biochemistry from the University of Iowa and his M.D. from the University of Iowa Medical School and trained in internal medicine, infectious disease, and medical oncology at the University of California, San Francisco, and the University of Washington, respectively. Prior to his executive positions in biotech and oncology companies, Dr. Gilbert was a faculty member at the Fred Hutchinson Cancer Research Center and the University of Washington and trained in the laboratory of Dr. Phil Greenberg, one of Juno’s scientific co-founders.
LANNY SUN
Board Director, CEO
Lanny co-founded Silicon Therapeutics in 2016. He has spent his entire career in the healthcare sector working across a number of industries including drug discovery, CRO, investment banking, consulting, venture capital, private equity and non-profits. He started his career on Wall Street with Deutsche Bank Securities where he focused on Healthcare M&A and financings and was most recently a Venture Partner at Chengwei. He received his Bachelors of Science in Economics from Trinity College in Hartford, CT.
JINGSONG WANG, MD, PH.D
Dr. Wang is the CEO of Harbour BioMed (HBM). Before establishing HBM, Dr. Wang served as the Head of China Research and Development Center and the Head of Translational Medicine for Asia Pacific at Sanofi. Dr. Wang joined Sanofi from Bristol-Myers Squibb, where he served in multiple roles with increasing responsibilities, including Director of Discovery Medicine and Clinical Pharmacology and Global Program Lead for multiple pre-clinical and clinical assets.Dr. Wang completed his Clinical Rheumatology Fellowship and subsequently was an Attending Rheumatologist and faculty member at Brigham and Women’s Hospital and Harvard Medical School. Dr. Wang received his PhD in Molecular Pharmacology from China Pharmaceutical University and has also completed a Molecular Immunology Research Fellowship at Dr. Laurie Glimcher’ s laboratory at the Harvard School of Public Health. Dr. Wang is an Adjunct Assistant Professor of Medicine at the University of Pennsylvania. He has served on the Research Grant Review Committee, National Natural Science Foundation of China, and as a scientific grant reviewer for the Medical Research Council, National Institute for Health Research, National Health Service of the United Kingdom.
HEADQUARTERED AT 451 D ST, BOSTON, MA, USA WITH OFFICES IN SUZHOU, CHINA | PRIVACY POLICY | TERMS OF USE
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Welcome to 2016, and welcome to the first manifestation of my New Year’s resolutions, to wit, the revival of this irregular collection of activity reports, back-in-the-day musings, and irreverent observations. I confess that Swan Drives languished during 2015, which was a very good year for me (and the industry) in terms of new car introductions, major auto shows attended (5 of them), North American Car of the Year, and extra-curricular automotive events (read: 24 Hours of LeMons racing).
Extra-curricular also applies to my ongoing dance with the Devil, better known as squamous cell cancer. The short version: after a third round of pruning by the redoubtable Dr. Yoo—a BMW owner, BTW—a follow-up CT scan last week did not set off any new alarm bells. While this isn’t exactly a cause for hosannahs, it does inspire cautious—very cautious—optimism. And it allows me to focus more fully on resuscitating this column. So this year I vow to do better on all of the fronts.
Post-NAIAS
Detroit’s 2016 North American International Auto Show (NAIAS) is just about in the books, and aside from the puzzling absence of Jaguar-Land Rover, Bentley, and Mini it was once again an exposition chock-a-block with world premieres, which is how we assess the merit of big-time shows. World premieres and concept vehicles.
I’ll confine myself to a couple of my show favorites, both very sexy, one a concept, the other a production car.
It’s no secret that Lexus has be working to put some adrenaline in its corporate image. It’s not something that happens overnight. Images are easily acquired, but when they’re undesirable they’re very difficult to alter. Lexus is a powerful case in point. Created as a Japanese rival to German luxury sedans, Lexus drifted into a series of beautifully boring offerings—meticulously assembled, beautifully finished, handsomely furnished, quiet as midnight in a cathedral … and as exciting as tofu. Toyota’s luxury division has been trying to alter this perception with its performance-oriented F models, as well as the LF-A supercar.
And now, closer to the economic realities to at least some of the rest of us (the very limited production LF-A carried a $375,000 pricetag), here’s the LC 500 coupe. Chassis with granitic rigidity, lots of carbon fiber, magnesium, and aluminum. A 467-horsepower V8 feeds power to the rear axle via a 10-speed automatic transmission. And there’s nothing conservative about the styling. It almost makes the trademark spindle grille treatment acceptable. Almost. Look for an MSRP in the vicinity of $100,000, Can’t wait to drive this one.
Buick Avista
It’s fair to say that Buick has successfully hoisted itself out of near-obscurity with a line of vehicles that appeal to buyers well outside of geriatric ranks. So now the challenge is coming up with designs that go beyond merely attractive to compelling. Buick has had a few of these over the decades—the 1939 Y Job, the 1953 Wildcat, the 1973 Riviera, and now the Avista. I am not alone in thinking this was the hottest concept at the show; it took the EyesOn Design award for design excellence. The Avista is a real car, with a 400-horsepower twin-turbo V6 engine under that long hood. But whether it will get a green light for production is unknown; coupes don’t sell in the kind of volume General Motors marketing people like to see. Maybe if it had four doors…?
As noted, there were many more newbies at Detroit’s Cobo Arena over the show’s two press preview days, 35 of them at least, far too many for me to catalogue here. For a comprehensive rundown, check www.caranddriver.com, where you’ll find all of them in glorious color with detailed info.
NACTOY
The acronym stands for North American Car and Truck of the Year, and by now I’m sure you’re aware that the Honda Civic and Volvo XC90 have been named North American Car and Truck of the Year for 2016.
I was privileged to announce the Honda Civic as 2016 North American Car of the Year.
What you may not know is that both vehicles have won in the past, the Civic in 2006, the XC90 in 2003. But for both winners, those predecessors are ancient history. The state of the art keeps evolving and advancing, and the pace seems to keep accelerating; last year’s wundercar is this year’s old news.
To someone who’s been making a living in connection with wheels for over four decades (hint: that would be me), contemporary vehicles are incredibly sophisticated. My notion of infotainment, for example, dates to cars like my 1954 Mercury, a time when AM radio was as good as it got. KDWB, Minneapolis, Channel 63.
But I digress. The thing that impresses me about the new Civic is not only that it’s the best compact sedan going for model year 2016. It’s that Honda has sustained that nameplate ever since the first Civic made its U.S. debut for 1973. Not all generations were best-in-class, but unlike many domestic nameplates, Honda never gave up on Civic. (The same can be said for Toyota and the Corolla.)
One other Honda note: the sedan is only the first chapter in the new Civic story. Next we’ll see a new coupe—I’ll file a report in early February—followed by a four-door hatchback, a high performance Si, and an even higher performance R version.
Tags: Buick Avista, Honda Civic, Lexus LC500, NACTOY, NAIAS 2016, Tony Swan
Categories Auto Shows, New Car Review
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2 Responses to “The Show Goes On. Again.”
Paul Stenquist January 23, 2016 at 3:54 pm #
Great to see this in my mailbox again!
Gary A. Emfield January 23, 2016 at 6:34 pm #
Great to have this back You know I had a lot to do with the title !! Good job Gary
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'Marine Le Pen won't win this time - but in five years it might be a different story'
Professor Matthew Goodwin believes Marine Le Pen will struggle in the second round
Marine Le Pen is unlikely to win the French presidency this time round - but she's got every chance in the next election cycle.
That's the view of politics Professor Matthew Goodwin, who believes that in four to five years Le Pen will be able to tell the public they've tried everything - and it's time to give the National Front a go.
Goodwin told Julia Hartley-Brewer that centrist Emmanuel Macron is more likely than Le Pen to win the presidency this year.
But he added Macron hasn't got a big idea or vision, and if he simply says he's different from President Hollande voters won't be impressed over the long term.
Goodwin also suggested that the National Front isn't a fascist party, but it attracts supporters who are sympathetic to fascism.
Listen to the full interview above
Julia Hartley-Brewer
Matthew Goodwin
French Presidential Election
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TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 54. JUDICIAL PROCEEDINGS
Sec. 54.01. DETENTION HEARING. (a) Except as provided by Subsection (p), if the child is not released under Section 53.02, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; provided, however, that when a child is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the child is taken into custody.
(b) Reasonable notice of the detention hearing, either oral or written, shall be given, stating the time, place, and purpose of the hearing. Notice shall be given to the child and, if they can be found, to his parents, guardian, or custodian. Prior to the commencement of the hearing, the court shall inform the parties of the child's right to counsel and to appointed counsel if they are indigent and of the child's right to remain silent with respect to any allegations of delinquent conduct, conduct indicating a need for supervision, or conduct that violates an order of probation imposed by a juvenile court.
(b-1) Unless the court finds that the appointment of counsel is not feasible due to exigent circumstances, the court shall appoint counsel within a reasonable time before the first detention hearing is held to represent the child at that hearing.
(c) At the detention hearing, the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Prior to the detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision. The court may order counsel not to reveal items to the child or his parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(d) A detention hearing may be held without the presence of the child's parents if the court has been unable to locate them. If no parent or guardian is present, the court shall appoint counsel or a guardian ad litem for the child, subject to the requirements of Subsection (b-1).
(e) At the conclusion of the hearing, the court shall order the child released from detention unless it finds that:
(1) he is likely to abscond or be removed from the jurisdiction of the court;
(2) suitable supervision, care, or protection for him is not being provided by a parent, guardian, custodian, or other person;
(3) he has no parent, guardian, custodian, or other person able to return him to the court when required;
(4) he may be dangerous to himself or may threaten the safety of the public if released; or
(5) he has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released.
(f) Unless otherwise agreed in the memorandum of understanding under Section 37.011, Education Code, a release may be conditioned on requirements reasonably necessary to insure the child's appearance at later proceedings, but the conditions of the release must be in writing and a copy furnished to the child. In a county with a population greater than 125,000, if a child being released under this section is expelled under Section 37.007, Education Code, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.
(g) No statement made by the child at the detention hearing shall be admissible against the child at any other hearing.
(h) A detention order extends to the conclusion of the disposition hearing, if there is one, but in no event for more than 10 working days. Further detention orders may be made following subsequent detention hearings. The initial detention hearing may not be waived but subsequent detention hearings may be waived in accordance with the requirements of Section 51.09. Each subsequent detention order shall extend for no more than 10 working days, except that in a county that does not have a certified juvenile detention facility, as described by Section 51.12(a)(3), each subsequent detention order shall extend for no more than 15 working days.
(i) A child in custody may be detained for as long as 10 days without the hearing described in Subsection (a) of this section if:
(1) a written request for shelter in detention facilities pending arrangement of transportation to his place of residence in another state or country or another county of this state is voluntarily executed by the child not later than the next working day after he was taken into custody;
(2) the request for shelter contains:
(A) a statement by the child that he voluntarily agrees to submit himself to custody and detention for a period of not longer than 10 days without a detention hearing;
(B) an allegation by the person detaining the child that the child has left his place of residence in another state or country or another county of this state, that he is in need of shelter, and that an effort is being made to arrange transportation to his place of residence; and
(C) a statement by the person detaining the child that he has advised the child of his right to demand a detention hearing under Subsection (a) of this section; and
(3) the request is signed by the juvenile court judge to evidence his knowledge of the fact that the child is being held in detention.
(j) The request for shelter may be revoked by the child at any time, and on such revocation, if further detention is necessary, a detention hearing shall be held not later than the next working day in accordance with Subsections (a) through (g) of this section.
(k) Notwithstanding anything in this title to the contrary, the child may sign a request for shelter without the concurrence of an adult specified in Section 51.09 of this code.
(l) The juvenile board may appoint a referee to conduct the detention hearing. The referee shall be an attorney licensed to practice law in this state. Such payment or additional payment as may be warranted for referee services shall be provided from county funds. Before commencing the detention hearing, the referee shall inform the parties who have appeared that they are entitled to have the hearing before the juvenile court judge or a substitute judge authorized by Section 51.04(f). If a party objects to the referee conducting the detention hearing, an authorized judge shall conduct the hearing within 24 hours. At the conclusion of the hearing, the referee shall transmit written findings and recommendations to the juvenile court judge or substitute judge. The juvenile court judge or substitute judge shall adopt, modify, or reject the referee's recommendations not later than the next working day after the day that the judge receives the recommendations. Failure to act within that time results in release of the child by operation of law. A recommendation that the child be released operates to secure the child's immediate release, subject to the power of the juvenile court judge or substitute judge to reject or modify that recommendation. The effect of an order detaining a child shall be computed from the time of the hearing before the referee.
(m) The detention hearing required in this section may be held in the county of the designated place of detention where the child is being held even though the designated place of detention is outside the county of residence of the child or the county in which the alleged delinquent conduct, conduct indicating a need for supervision, or probation violation occurred.
(n) An attorney appointed by the court under Section 51.10(c) because a determination was made under this section to detain a child who was not represented by an attorney may request on behalf of the child and is entitled to a de novo detention hearing under this section. The attorney must make the request not later than the 10th working day after the date the attorney is appointed. The hearing must take place not later than the second working day after the date the attorney filed a formal request with the court for a hearing.
(o) The court or referee shall find whether there is probable cause to believe that a child taken into custody without an arrest warrant or a directive to apprehend has engaged in delinquent conduct, conduct indicating a need for supervision, or conduct that violates an order of probation imposed by a juvenile court. The court or referee must make the finding within 48 hours, including weekends and holidays, of the time the child was taken into custody. The court or referee may make the finding on any reasonably reliable information without regard to admissibility of that information under the Texas Rules of Evidence. A finding of probable cause is required to detain a child after the 48th hour after the time the child was taken into custody. If a court or referee finds probable cause, additional findings of probable cause are not required in the same cause to authorize further detention.
(p) If a child is detained in a county jail or other facility as provided by Section 51.12(l) and the child is not released under Section 53.02(f), a detention hearing without a jury shall be held promptly, but not later than the 24th hour, excluding weekends and holidays, after the time the child is taken into custody.
(q) If a child has not been released under Section 53.02 or this section and a petition has not been filed under Section 53.04 or 54.05 concerning the child, the court shall order the child released from detention not later than:
(1) the 30th working day after the date the initial detention hearing is held, if the child is alleged to have engaged in conduct constituting a capital felony, an aggravated controlled substance felony, or a felony of the first degree; or
(2) the 15th working day after the date the initial detention hearing is held, if the child is alleged to have engaged in conduct constituting an offense other than an offense listed in Subdivision (1) or conduct that violates an order of probation imposed by a juvenile court.
(q-1) The juvenile board may impose an earlier deadline than the specified deadlines for filing petitions under Subsection (q) and may specify the consequences of not filing a petition by the deadline the juvenile board has established. The juvenile board may authorize but not require the juvenile court to release a respondent from detention for failure of the prosecutor to file a petition by the juvenile board's deadline.
(r) On the conditional release of a child from detention by judicial order under Subsection (f), the court, referee, or detention magistrate may order that the child's parent, guardian, or custodian present in court at the detention hearing engage in acts or omissions specified by the court, referee, or detention magistrate that will assist the child in complying with the conditions of release. The order must be in writing and a copy furnished to the parent, guardian, or custodian. An order entered under this subsection may be enforced as provided by Chapter 61.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2156, ch. 693, Sec. 14, 15, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1102, ch. 518, Sec. 2, eff. June 11, 1979; Acts 1995, 74th Leg., ch. 262, Sec. 31, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 922, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1015, Sec. 18, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 232, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 20, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(30), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 14, eff. Sept. 1, 2003.
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 12, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 912 (H.B. 1318), Sec. 4, eff. September 1, 2013.
Sec. 54.011. DETENTION HEARINGS FOR STATUS OFFENDERS AND NONOFFENDERS; PENALTY. (a) The detention hearing for a status offender or nonoffender who has not been released administratively under Section 53.02 shall be held before the 24th hour after the time the child arrived at a detention facility, excluding hours of a weekend or a holiday. Except as otherwise provided by this section, the judge or referee conducting the detention hearing shall release the status offender or nonoffender from secure detention.
(b) The judge or referee may order a child in detention accused of the violation of a valid court order as defined by Section 51.02 detained not longer than 72 hours after the time the detention order was entered, excluding weekends and holidays, if:
(1) the judge or referee finds at the detention hearing that there is probable cause to believe the child violated the valid court order; and
(2) the detention of the child is justified under Section 54.01(e)(1), (2), or (3).
(c) Except as provided by Subsection (d), a detention order entered under Subsection (b) may be extended for one additional 72-hour period, excluding weekends and holidays, only on a finding of good cause by the juvenile court.
(d) A detention order for a child under this section may be extended on the demand of the child's attorney only to allow the time that is necessary to comply with the requirements of Section 51.10(h), entitling the attorney to 10 days to prepare for an adjudication hearing.
(e) A status offender may be detained for a necessary period, not to exceed the period allowed under the Interstate Compact for Juveniles, to enable the child's return to the child's home in another state under Chapter 60.
(f) Except as provided by Subsection (a), a nonoffender, including a person who has been taken into custody and is being held solely for deportation out of the United States, may not be detained for any period of time in a secure detention facility or secure correctional facility, regardless of whether the facility is publicly or privately operated. A nonoffender who is detained in violation of this subsection is entitled to immediate release from the facility and may bring a civil action for compensation for the illegal detention against any person responsible for the detention. A person commits an offense if the person knowingly detains or assists in detaining a nonoffender in a secure detention facility or secure correctional facility in violation of this subsection. An offense under this subsection is a Class B misdemeanor.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 32, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1374, Sec. 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, Sec. 15, 16, eff. Sept. 1, 2003.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 15, eff. September 1, 2013.
Sec. 54.012. INTERACTIVE VIDEO RECORDING OF DETENTION HEARING. (a) A detention hearing under Section 54.01 may be held using interactive video equipment if:
(1) the child and the child's attorney agree to the video hearing; and
(2) the parties to the proceeding have the opportunity to cross-examine witnesses.
(b) A detention hearing may not be held using video equipment unless the video equipment for the hearing provides for a two-way communication of image and sound among the child, the court, and other parties at the hearing.
(c) A recording of the communications shall be made. The recording shall be preserved until the earlier of:
(1) the 91st day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a misdemeanor;
(2) the 120th day after the date on which the recording is made if the child is alleged to have engaged in conduct constituting a felony; or
(3) the date on which the adjudication hearing ends.
(d) An attorney for the child may obtain a copy of the recording on payment of the reasonable costs of reproducing the copy.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 33, eff. Jan. 1, 1996.
Sec. 54.02. WAIVER OF JURISDICTION AND DISCRETIONARY TRANSFER TO CRIMINAL COURT. (a) The juvenile court may waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal district court for criminal proceedings if:
(1) the child is alleged to have violated a penal law of the grade of felony;
(2) the child was:
(A) 14 years of age or older at the time he is alleged to have committed the offense, if the offense is a capital felony, an aggravated controlled substance felony, or a felony of the first degree, and no adjudication hearing has been conducted concerning that offense; or
(B) 15 years of age or older at the time the child is alleged to have committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no adjudication hearing has been conducted concerning that offense; and
(3) after a full investigation and a hearing, the juvenile court determines that there is probable cause to believe that the child before the court committed the offense alleged and that because of the seriousness of the offense alleged or the background of the child the welfare of the community requires criminal proceedings.
(b) The petition and notice requirements of Sections 53.04, 53.05, 53.06, and 53.07 of this code must be satisfied, and the summons must state that the hearing is for the purpose of considering discretionary transfer to criminal court.
(c) The juvenile court shall conduct a hearing without a jury to consider transfer of the child for criminal proceedings.
(d) Prior to the hearing, the juvenile court shall order and obtain a complete diagnostic study, social evaluation, and full investigation of the child, his circumstances, and the circumstances of the alleged offense.
(e) At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. At least five days prior to the transfer hearing, the court shall provide the attorney for the child and the prosecuting attorney with access to all written matter to be considered by the court in making the transfer decision. The court may order counsel not to reveal items to the child or the child's parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(f) In making the determination required by Subsection (a) of this section, the court shall consider, among other matters:
(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person;
(2) the sophistication and maturity of the child;
(3) the record and previous history of the child; and
(4) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court.
(g) If the petition alleges multiple offenses that constitute more than one criminal transaction, the juvenile court shall either retain or transfer all offenses relating to a single transaction. Except as provided by Subsection (g-1), a child is not subject to criminal prosecution at any time for any offense arising out of a criminal transaction for which the juvenile court retains jurisdiction.
(g-1) A child may be subject to criminal prosecution for an offense committed under Chapter 19 or Section 49.08, Penal Code, if:
(1) the offense arises out of a criminal transaction for which the juvenile court retained jurisdiction over other offenses relating to the criminal transaction; and
(2) on or before the date the juvenile court retained jurisdiction, one or more of the elements of the offense under Chapter 19 or Section 49.08, Penal Code, had not occurred.
(h) If the juvenile court waives jurisdiction, it shall state specifically in the order its reasons for waiver and certify its action, including the written order and findings of the court, and shall transfer the person to the appropriate court for criminal proceedings and cause the results of the diagnostic study of the person ordered under Subsection (d), including psychological information, to be transferred to the appropriate criminal prosecutor. On transfer of the person for criminal proceedings, the person shall be dealt with as an adult and in accordance with the Code of Criminal Procedure, except that if detention in a certified juvenile detention facility is authorized under Section 152.0015, Human Resources Code, the juvenile court may order the person to be detained in the facility pending trial or until the criminal court enters an order under Article 4.19, Code of Criminal Procedure. A transfer of custody made under this subsection is an arrest.
(h-1) If the juvenile court orders a person detained in a certified juvenile detention facility under Subsection (h), the juvenile court shall set or deny bond for the person as required by the Code of Criminal Procedure and other law applicable to the pretrial detention of adults accused of criminal offenses.
(i) A waiver under this section is a waiver of jurisdiction over the child and the criminal court may not remand the child to the jurisdiction of the juvenile court.
(j) The juvenile court may waive its exclusive original jurisdiction and transfer a person to the appropriate district court or criminal district court for criminal proceedings if:
(1) the person is 18 years of age or older;
(2) the person was:
(A) 10 years of age or older and under 17 years of age at the time the person is alleged to have committed a capital felony or an offense under Section 19.02, Penal Code;
(B) 14 years of age or older and under 17 years of age at the time the person is alleged to have committed an aggravated controlled substance felony or a felony of the first degree other than an offense under Section 19.02, Penal Code; or
(C) 15 years of age or older and under 17 years of age at the time the person is alleged to have committed a felony of the second or third degree or a state jail felony;
(3) no adjudication concerning the alleged offense has been made or no adjudication hearing concerning the offense has been conducted;
(4) the juvenile court finds from a preponderance of the evidence that:
(A) for a reason beyond the control of the state it was not practicable to proceed in juvenile court before the 18th birthday of the person; or
(B) after due diligence of the state it was not practicable to proceed in juvenile court before the 18th birthday of the person because:
(i) the state did not have probable cause to proceed in juvenile court and new evidence has been found since the 18th birthday of the person;
(ii) the person could not be found; or
(iii) a previous transfer order was reversed by an appellate court or set aside by a district court; and
(5) the juvenile court determines that there is probable cause to believe that the child before the court committed the offense alleged.
(k) The petition and notice requirements of Sections 53.04, 53.05, 53.06, and 53.07 of this code must be satisfied, and the summons must state that the hearing is for the purpose of considering waiver of jurisdiction under Subsection (j). The person's parent, custodian, guardian, or guardian ad litem is not considered a party to a proceeding under Subsection (j) and it is not necessary to provide the parent, custodian, guardian, or guardian ad litem with notice.
(l) The juvenile court shall conduct a hearing without a jury to consider waiver of jurisdiction under Subsection (j). Except as otherwise provided by this subsection, a waiver of jurisdiction under Subsection (j) may be made without the necessity of conducting the diagnostic study or complying with the requirements of discretionary transfer proceedings under Subsection (d). If requested by the attorney for the person at least 10 days before the transfer hearing, the court shall order that the person be examined pursuant to Section 51.20(a) and that the results of the examination be provided to the attorney for the person and the attorney for the state at least five days before the transfer hearing.
(m) Notwithstanding any other provision of this section, the juvenile court shall waive its exclusive original jurisdiction and transfer a child to the appropriate district court or criminal court for criminal proceedings if:
(1) the child has previously been transferred to a district court or criminal district court for criminal proceedings under this section, unless:
(A) the child was not indicted in the matter transferred by the grand jury;
(B) the child was found not guilty in the matter transferred;
(C) the matter transferred was dismissed with prejudice; or
(D) the child was convicted in the matter transferred, the conviction was reversed on appeal, and the appeal is final; and
(2) the child is alleged to have violated a penal law of the grade of felony.
(n) A mandatory transfer under Subsection (m) may be made without conducting the study required in discretionary transfer proceedings by Subsection (d). The requirements of Subsection (b) that the summons state that the purpose of the hearing is to consider discretionary transfer to criminal court does not apply to a transfer proceeding under Subsection (m). In a proceeding under Subsection (m), it is sufficient that the summons provide fair notice that the purpose of the hearing is to consider mandatory transfer to criminal court.
(o) If a respondent is taken into custody for possible discretionary transfer proceedings under Subsection (j), the juvenile court shall hold a detention hearing in the same manner as provided by Section 54.01, except that the court shall order the respondent released unless it finds that the respondent:
(1) is likely to abscond or be removed from the jurisdiction of the court;
(2) may be dangerous to himself or herself or may threaten the safety of the public if released; or
(3) has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term of jail or prison and is likely to commit an offense if released.
(p) If the juvenile court does not order a respondent released under Subsection (o), the court shall, pending the conclusion of the discretionary transfer hearing, order that the respondent be detained in:
(1) a certified juvenile detention facility as provided by Subsection (q); or
(2) an appropriate county facility for the detention of adults accused of criminal offenses.
(q) The detention of a respondent in a certified juvenile detention facility must comply with the detention requirements under this title, except that, to the extent practicable, the person shall be kept separate from children detained in the same facility.
(r) If the juvenile court orders a respondent detained in a county facility under Subsection (p), the county sheriff shall take custody of the respondent under the juvenile court's order. The juvenile court shall set or deny bond for the respondent as required by the Code of Criminal Procedure and other law applicable to the pretrial detention of adults accused of criminal offenses.
(s) If a child is transferred to criminal court under this section, only the petition for discretionary transfer, the order of transfer, and the order of commitment, if any, are a part of the district clerk's public record.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2156, ch. 693, Sec. 16, eff. Sept. 1, 1975; Acts 1987, 70th Leg., ch. 140, Sec. 1 to 3, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 34, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1477, Sec. 8, eff. Sept. 1, 1999.
Acts 2009, 81st Leg., R.S., Ch. 1354 (S.B. 518), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1087 (S.B. 1209), Sec. 4, eff. September 1, 2011.
Sec. 54.03. ADJUDICATION HEARING. (a) A child may be found to have engaged in delinquent conduct or conduct indicating a need for supervision only after an adjudication hearing conducted in accordance with the provisions of this section.
(b) At the beginning of the adjudication hearing, the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the proceedings, including the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding;
(3) the child's privilege against self-incrimination;
(4) the child's right to trial and to confrontation of witnesses;
(5) the child's right to representation by an attorney if he is not already represented; and
(6) the child's right to trial by jury.
(c) Trial shall be by jury unless jury is waived in accordance with Section 51.09. If the hearing is on a petition that has been approved by the grand jury under Section 53.045, the jury must consist of 12 persons and be selected in accordance with the requirements in criminal cases. If the hearing is on a petition that alleges conduct that violates a penal law of this state of the grade of misdemeanor, the jury must consist of the number of persons required by Article 33.01(b), Code of Criminal Procedure. Jury verdicts under this title must be unanimous.
(d) Except as provided by Section 54.031, only material, relevant, and competent evidence in accordance with the Texas Rules of Evidence applicable to criminal cases and Chapter 38, Code of Criminal Procedure, may be considered in the adjudication hearing. Except in a detention or discretionary transfer hearing, a social history report or social service file shall not be viewed by the court before the adjudication decision and shall not be viewed by the jury at any time.
(e) A child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision need not be a witness against nor otherwise incriminate himself. An extrajudicial statement which was obtained without fulfilling the requirements of this title or of the constitution of this state or the United States, may not be used in an adjudication hearing. A statement made by the child out of court is insufficient to support a finding of delinquent conduct or conduct indicating a need for supervision unless it is corroborated in whole or in part by other evidence. An adjudication of delinquent conduct or conduct indicating a need for supervision cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the child with the alleged delinquent conduct or conduct indicating a need for supervision; and the corroboration is not sufficient if it merely shows the commission of the alleged conduct. Evidence illegally seized or obtained is inadmissible in an adjudication hearing.
(f) At the conclusion of the adjudication hearing, the court or jury shall find whether or not the child has engaged in delinquent conduct or conduct indicating a need for supervision. The finding must be based on competent evidence admitted at the hearing. The child shall be presumed to be innocent of the charges against the child and no finding that a child has engaged in delinquent conduct or conduct indicating a need for supervision may be returned unless the state has proved such beyond a reasonable doubt. In all jury cases the jury will be instructed that the burden is on the state to prove that a child has engaged in delinquent conduct or is in need of supervision beyond a reasonable doubt. A child may be adjudicated as having engaged in conduct constituting a lesser included offense as provided by Articles 37.08 and 37.09, Code of Criminal Procedure.
(g) If the court or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision, the court shall dismiss the case with prejudice.
(h) If the finding is that the child did engage in delinquent conduct or conduct indicating a need for supervision, the court or jury shall state which of the allegations in the petition were found to be established by the evidence. The court shall also set a date and time for the disposition hearing.
(i) In order to preserve for appellate or collateral review the failure of the court to provide the child the explanation required by Subsection (b), the attorney for the child must comply with Rule 33.1, Texas Rules of Appellate Procedure, before testimony begins or, if the adjudication is uncontested, before the child pleads to the petition or agrees to a stipulation of evidence.
(j) When the state and the child agree to the disposition of the case, in whole or in part, the prosecuting attorney shall inform the court of the agreement between the state and the child. The court shall inform the child that the court is not required to accept the agreement. The court may delay a decision on whether to accept the agreement until after reviewing a report filed under Section 54.04(b). If the court decides not to accept the agreement, the court shall inform the child of the court's decision and give the child an opportunity to withdraw the plea or stipulation of evidence. If the court rejects the agreement, no document, testimony, or other evidence placed before the court that relates to the rejected agreement may be considered by the court in a subsequent hearing in the case. A statement made by the child before the court's rejection of the agreement to a person writing a report to be filed under Section 54.04(b) may not be admitted into evidence in a subsequent hearing in the case. If the court accepts the agreement, the court shall make a disposition in accordance with the terms of the agreement between the state and the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 17, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1098, ch. 514, Sec. 1, eff. Aug. 27, 1979; Acts 1985, 69th Leg., ch. 590, Sec. 2, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, Sec. 8, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 386, Sec. 3, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 37, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, Sec. 10, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 9, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 22, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 17, eff. Sept. 1, 2003.
Acts 2009, 81st Leg., R.S., Ch. 28 (H.B. 609), Sec. 1, eff. September 1, 2009.
Sec. 54.031. HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS. (a) This section applies to a hearing under this title in which a child is alleged to be a delinquent child on the basis of a violation of any of the following provisions of the Penal Code, if a child 12 years of age or younger or a person with a disability is the alleged victim of the violation:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct);
(3) Section 43.25 (Sexual Performance by a Child);
(4) Section 20A.02(a)(7) or (8) (Trafficking of Persons); or
(5) Section 43.05(a)(2) (Compelling Prostitution).
(b) This section applies only to statements that describe the alleged violation that:
(1) were made by the child or person with a disability who is the alleged victim of the violation; and
(2) were made to the first person, 18 years of age or older, to whom the child or person with a disability made a statement about the violation.
(c) A statement that meets the requirements of Subsection (b) is not inadmissible because of the hearsay rule if:
(1) on or before the 14th day before the date the hearing begins, the party intending to offer the statement:
(A) notifies each other party of its intention to do so;
(B) provides each other party with the name of the witness through whom it intends to offer the statement; and
(C) provides each other party with a written summary of the statement;
(2) the juvenile court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement; and
(3) the child or person with a disability who is the alleged victim testifies or is available to testify at the hearing in court or in any other manner provided by law.
(d) In this section, "person with a disability" means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
Added by Acts 1985, 69th Leg., ch. 590, Sec. 3, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.31, eff. Sept. 1, 1995.
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 3, eff. June 11, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 4.01, eff. September 1, 2011.
The following section was amended by the 86th Legislature. Pending publication of the current statutes, see S.B. 346, 86th Legislature, Regular Session, for amendments affecting the following section.
Sec. 54.032. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN COURT PROGRAM. (a) A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child:
(1) is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of this state of the grade of misdemeanor that is punishable by fine only or a penal ordinance of a political subdivision of this state;
(2) waives, under Section 51.09, the privilege against self-incrimination and testifies under oath that the allegations are true;
(3) presents to the court an oral or written request to attend a teen court program; and
(4) has not successfully completed a teen court program in the two years preceding the date that the alleged conduct occurred.
(b) The teen court program must be approved by the court.
(c) A child for whom adjudication proceedings are deferred under Subsection (a) shall complete the teen court program not later than the 90th day after the date the teen court hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier. The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen court program.
(d) A case dismissed under this section may not be part of the child's records for any purpose.
(e) The court may require a child who requests a teen court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located. A child who requests a teen court program and does not complete the program is not entitled to a refund of the fee.
(f) A court may transfer a case in which proceedings have been deferred as provided by this section to a court in another county if the court to which the case is transferred consents. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.
(g) In addition to the fee authorized by Subsection (e), the court may require a child who requests a teen court program to pay a $10 fee to cover the cost to the teen court for performing its duties under this section. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee. A child who pays a fee under this subsection is not entitled to a refund of the fee, regardless of whether the child successfully completes the teen court program.
(h) Notwithstanding Subsection (e) or (g), a juvenile court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a fee of $20 under those subsections.
Added by Acts 1989, 71st Leg., ch. 1031, Sec. 2, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 748, Sec. 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 216, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 18, eff. Sept. 1, 2003.
Acts 2007, 80th Leg., R.S., Ch. 910 (H.B. 2949), Sec. 2, eff. September 1, 2007.
Sec. 54.0325. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TEEN DATING VIOLENCE COURT PROGRAM. (a) In this section:
(1) "Dating violence" has the meaning assigned by Section 71.0021.
(2) "Family violence" has the meaning assigned by Section 71.004.
(3) "Teen dating violence court program" means a program that includes:
(A) a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct;
(B) a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system;
(C) a court-employed resource coordinator to monitor children's compliance with the 12-week program;
(D) one judge who presides over all of the cases in the jurisdiction that qualify for the program; and
(E) an attorney in the district attorney's office or the county attorney's office who is assigned to the program.
(b) On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct:
(1) that violated a penal law of this state of the grade of misdemeanor; and
(2) involving dating violence.
(c) For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault.
(d) Before implementation, the teen dating violence court program must be approved by:
(1) the court; and
(2) the commissioners court of the county.
(e) A child for whom adjudication proceedings are deferred under Subsection (b) shall:
(1) complete the teen dating violence court program not later than the last day of the deferral period; and
(2) appear in court once a month for monitoring purposes.
(f) The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen dating violence court program.
(g) The court may require a child who participates in a teen dating violence court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located.
(h) In addition to the fee authorized by Subsection (g), the court may require a child who participates in a teen dating violence court program to pay a fee of $10 to cover the cost to the teen dating violence court program for performing its duties under this section. The court shall pay the fee to the teen dating violence court program, and the teen dating violence court program must account to the court for the receipt and disbursal of the fee.
(i) The court shall track the number of children ordered to participate in the teen dating violence court program, the percentage of victims meeting with the teen victim advocate, and the compliance rate of the children ordered to participate in the program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1299 (H.B. 2496), Sec. 1, eff. September 1, 2011.
Sec. 54.0326. DEFERRAL OF ADJUDICATION AND DISMISSAL OF CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM. (a) This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.
(b) A juvenile court may defer adjudication proceedings under Section 54.03 until the child's 18th birthday and require a child to participate in a program established under Section 152.0017, Human Resources Code, if the child:
(1) is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision and may be a victim of conduct that constitutes an offense under Section 20A.02, Penal Code; and
(2) presents to the court an oral or written request to participate in the program.
(c) Following a child's completion of the program, the court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child successfully completed the program.
Added by Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(5), eff. September 1, 2015.
Sec. 54.033. SEXUALLY TRANSMITTED DISEASE, AIDS, AND HIV TESTING. (a) A child found at the conclusion of an adjudication hearing under Section 54.03 of this code to have engaged in delinquent conduct that included a violation of Sections 21.11(a)(1), 22.011, or 22.021, Penal Code, shall undergo a medical procedure or test at the direction of the juvenile court designed to show or help show whether the child has a sexually transmitted disease, acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. The court may direct the child to undergo the procedure or test on the court's own motion or on the request of the victim of the delinquent conduct.
(b) If the child or another person who has the power to consent to medical treatment for the child refuses to submit voluntarily or consent to the procedure or test, the court shall require the child to submit to the procedure or test.
(c) The person performing the procedure or test shall make the test results available to the local health authority. The local health authority shall be required to notify the victim of the delinquent conduct and the person found to have engaged in the delinquent conduct of the test result.
(d) The state may not use the fact that a medical procedure or test was performed on a child under this section or use the results of the procedure or test in any proceeding arising out of the delinquent conduct.
(e) Testing under this section shall be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the child and the victim of the delinquent conduct.
(f) Nothing in this section allows a court to release a test result to anyone other than a person specifically authorized under this section. Section 81.103(d), Health and Safety Code, may not be construed to allow the disclosure of test results under this section except as provided by this section.
Added by Acts 1993, 73rd Leg., ch. 811, Sec. 2, eff. Sept. 1, 1993.
Sec. 54.034. LIMITED RIGHT TO APPEAL: WARNING. Before the court may accept a child's plea or stipulation of evidence in a proceeding held under this title, the court shall inform the child that if the court accepts the plea or stipulation and the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, the child may not appeal an order of the court entered under Section 54.03, 54.04, or 54.05, unless:
(1) the court gives the child permission to appeal; or
(2) the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence.
Sec. 54.04. DISPOSITION HEARING. (a) The disposition hearing shall be separate, distinct, and subsequent to the adjudication hearing. There is no right to a jury at the disposition hearing unless the child is in jeopardy of a determinate sentence under Subsection (d)(3) or (m), in which case, the child is entitled to a jury of 12 persons to determine the sentence, but only if the child so elects in writing before the commencement of the voir dire examination of the jury panel. If a finding of delinquent conduct is returned, the child may, with the consent of the attorney for the state, change the child's election of one who assesses the disposition.
(b) At the disposition hearing, the juvenile court, notwithstanding the Texas Rules of Evidence or Chapter 37, Code of Criminal Procedure, may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. On or before the second day before the date of the disposition hearing, the court shall provide the attorney for the child and the prosecuting attorney with access to all written matter to be considered by the court in disposition. The court may order counsel not to reveal items to the child or the child's parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(c) No disposition may be made under this section unless the child is in need of rehabilitation or the protection of the public or the child requires that disposition be made. If the court or jury does not so find, the court shall dismiss the child and enter a final judgment without any disposition. No disposition placing the child on probation outside the child's home may be made under this section unless the court or jury finds that the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of the probation.
(d) If the court or jury makes the finding specified in Subsection (c) allowing the court to make a disposition in the case:
(1) the court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:
(A) in the child's own home or in the custody of a relative or other fit person; or
(B) subject to the finding under Subsection (c) on the placement of the child outside the child's home, in:
(i) a suitable foster home;
(ii) a suitable public or private residential treatment facility licensed by a state governmental entity or exempted from licensure by state law, except a facility operated by the Texas Juvenile Justice Department; or
(iii) a suitable public or private post-adjudication secure correctional facility that meets the requirements of Section 51.125, except a facility operated by the Texas Juvenile Justice Department;
(2) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony, the court or jury made a special commitment finding under Section 54.04013, and the petition was not approved by the grand jury under Section 53.045, the court may commit the child to the Texas Juvenile Justice Department under Section 54.04013, or a post-adjudication secure correctional facility under Section 54.04011(c)(1), as applicable, without a determinate sentence;
(3) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) and if the petition was approved by the grand jury under Section 53.045, the court or jury may sentence the child to commitment in the Texas Juvenile Justice Department or a post-adjudication secure correctional facility under Section 54.04011(c)(2) with a possible transfer to the Texas Department of Criminal Justice for a term of:
(A) not more than 40 years if the conduct constitutes:
(i) a capital felony;
(ii) a felony of the first degree; or
(iii) an aggravated controlled substance felony;
(B) not more than 20 years if the conduct constitutes a felony of the second degree; or
(C) not more than 10 years if the conduct constitutes a felony of the third degree;
(4) the court may assign the child an appropriate sanction level and sanctions as provided by the assignment guidelines in Section 59.003;
(5) the court may place the child in a suitable nonsecure correctional facility that is registered and meets the applicable standards for the facility as provided by Section 51.126; or
(6) if applicable, the court or jury may make a disposition under Subsection (m) or Section 54.04011(c)(2)(A).
(e) The Texas Juvenile Justice Department shall accept a person properly committed to it by a juvenile court even though the person may be 17 years of age or older at the time of commitment.
(f) The court shall state specifically in the order its reasons for the disposition and shall furnish a copy of the order to the child. If the child is placed on probation, the terms of probation shall be written in the order.
(g) If the court orders a disposition under Subsection (d)(3) or (m) and there is an affirmative finding that the defendant used or exhibited a deadly weapon during the commission of the conduct or during immediate flight from commission of the conduct, the court shall enter the finding in the order. If there is an affirmative finding that the deadly weapon was a firearm, the court shall enter that finding in the order.
(h) At the conclusion of the dispositional hearing, the court shall inform the child of:
(1) the child's right to appeal, as required by Section 56.01; and
(2) the procedures for the sealing of the child's records under Subchapter C-1, Chapter 58.
(i) If the court places the child on probation outside the child's home or commits the child to the Texas Juvenile Justice Department, the court:
(1) shall include in its order its determination that:
(A) it is in the child's best interests to be placed outside the child's home;
(B) reasonable efforts were made to prevent or eliminate the need for the child's removal from the home and to make it possible for the child to return to the child's home; and
(C) the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions of probation; and
(2) may approve an administrative body to conduct permanency hearings pursuant to 42 U.S.C. Section 675 if required during the placement or commitment of the child.
(j) If the court or jury found that the child engaged in delinquent conduct that included a violation of a penal law of the grade of felony or jailable misdemeanor, the court:
(1) shall require that the child's thumbprint be affixed or attached to the order; and
(2) may require that a photograph of the child be attached to the order.
(k) Except as provided by Subsection (m), the period to which a court or jury may sentence a person to commitment to the Texas Juvenile Justice Department with a transfer to the Texas Department of Criminal Justice under Subsection (d)(3) applies without regard to whether the person has previously been adjudicated as having engaged in delinquent conduct.
(l) Except as provided by Subsection (q), a court or jury may place a child on probation under Subsection (d)(1) for any period, except that probation may not continue on or after the child's 18th birthday. Except as provided by Subsection (q), the court may, before the period of probation ends, extend the probation for any period, except that the probation may not extend to or after the child's 18th birthday.
(m) The court or jury may sentence a child adjudicated for habitual felony conduct as described by Section 51.031 to a term prescribed by Subsection (d)(3) and applicable to the conduct adjudicated in the pending case if:
(1) a petition was filed and approved by a grand jury under Section 53.045 alleging that the child engaged in habitual felony conduct; and
(2) the court or jury finds beyond a reasonable doubt that the allegation described by Subdivision (1) in the grand jury petition is true.
(n) A court may order a disposition of secure confinement of a status offender adjudicated for violating a valid court order only if:
(1) before the order is issued, the child received the full due process rights guaranteed by the Constitution of the United States or the Texas Constitution; and
(2) the juvenile probation department in a report authorized by Subsection (b):
(A) reviewed the behavior of the child and the circumstances under which the child was brought before the court;
(B) determined the reasons for the behavior that caused the child to be brought before the court; and
(C) determined that all dispositions, including treatment, other than placement in a secure detention facility or secure correctional facility, have been exhausted or are clearly inappropriate.
(o) In a disposition under this title:
(1) a status offender may not, under any circumstances, be committed to the Texas Juvenile Justice Department for engaging in conduct that would not, under state or local law, be a crime if committed by an adult;
(2) a status offender may not, under any circumstances other than as provided under Subsection (n), be placed in a post-adjudication secure correctional facility; and
(3) a child adjudicated for contempt of a county, justice, or municipal court order may not, under any circumstances, be placed in a post-adjudication secure correctional facility or committed to the Texas Juvenile Justice Department for that conduct.
(p) Except as provided by Subsection (l), a court that places a child on probation under Subsection (d)(1) for conduct described by Section 54.0405(b) and punishable as a felony shall specify a minimum probation period of two years.
(q) If a court or jury sentences a child to commitment in the Texas Juvenile Justice Department or a post-adjudication secure correctional facility under Subsection (d)(3) for a term of not more than 10 years, the court or jury may place the child on probation under Subsection (d)(1) as an alternative to making the disposition under Subsection (d)(3). The court shall prescribe the period of probation ordered under this subsection for a term of not more than 10 years. The court may, before the sentence of probation expires, extend the probationary period under Section 54.05, except that the sentence of probation and any extension may not exceed 10 years. The court may, before the child's 19th birthday, discharge the child from the sentence of probation. If a sentence of probation ordered under this subsection and any extension of probation ordered under Section 54.05 will continue after the child's 19th birthday, the court shall discharge the child from the sentence of probation on the child's 19th birthday unless the court transfers the child to an appropriate district court under Section 54.051.
(r) If the judge orders a disposition under this section and there is an affirmative finding that the victim or intended victim was younger than 17 years of age at the time of the conduct, the judge shall enter the finding in the order.
(s) Repealed by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64(1), eff. June 8, 2007.
(t) Repealed by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64(1), eff. June 8, 2007.
(u) For the purposes of disposition under Subsection (d)(2), delinquent conduct that violates a penal law of this state of the grade of felony does not include conduct that violates a lawful order of a county, municipal, justice, or juvenile court under circumstances that would constitute contempt of that court.
(v) If the judge orders a disposition under this section for delinquent conduct based on a violation of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the papers in the case if the judge determines that, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial:
(1) is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or
(2) has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. Section 1101(a)(15)(U)(iii).
(w) That part of the papers in the case containing an affirmative finding under Subsection (v):
(1) must include specific information identifying the victim, as available;
(2) may not include information identifying the victim's location; and
(3) is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim's parent or guardian.
(x) A child may be detained in an appropriate detention facility following disposition of the child's case under Subsection (d) or (m) pending:
(1) transportation of the child to the ordered placement; and
(2) the provision of medical or other health care services for the child that may be advisable before transportation, including health care services for children in the late term of pregnancy.
(y) A juvenile court conducting a hearing under this section involving a child for whom the Department of Family and Protective Services has been appointed managing conservator may communicate with the court having continuing jurisdiction over the child before the disposition hearing. The juvenile court may allow the parties to the suit affecting the parent-child relationship in which the Department of Family and Protective Services is a party to participate in the communication under this subsection.
(z) Nothing in this section may be construed to prohibit a juvenile court or jury in a county to which Section 54.04011 applies from committing a child to a post-adjudication secure correctional facility in accordance with that section after a disposition hearing held in accordance with this section.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2158, ch. 693, Sec. 23, eff. Sept. 1, 1975; Acts 1981, 67th Leg., p. 1802, ch. 394, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, Sec. 3, eff. April 26, 1983; Acts 1983, 68th Leg., p. 3261, ch. 565, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 385, Sec. 9, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1052, Sec. 6.11, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 2, Sec. 16.01(17), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 80, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 557, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 574, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 784, Sec. 8, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 1048, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 38, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 669, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 11, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1193, Sec. 9, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 19, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1448, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 10, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 23, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 5.001, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 13, eff. Sept. 1, 2003.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 7, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 64(1), eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 3, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(13), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 108 (H.B. 1629), Sec. 2, eff. May 23, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 2, eff. December 1, 2013.
Sec. 54.0401. COMMUNITY-BASED PROGRAMS. (a) This section applies only to a county that has a population of at least 335,000.
(b) A juvenile court of a county to which this section applies may require a child who is found to have engaged in delinquent conduct that violates a penal law of the grade of misdemeanor and for whom the requirements of Subsection (c) are met to participate in a community-based program administered by the county's juvenile board.
(c) A juvenile court of a county to which this section applies may make a disposition under Subsection (b) for delinquent conduct that violates a penal law of the grade of misdemeanor:
(1) if:
(A) the child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of misdemeanor on at least two previous occasions;
(B) of the previous adjudications, the conduct that was the basis for one of the adjudications occurred after the date of another previous adjudication; and
(C) the conduct that is the basis of the current adjudication occurred after the date of at least two previous adjudications; or
(A) the child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony on at least one previous occasion; and
(B) the conduct that is the basis of the current adjudication occurred after the date of that previous adjudication.
(d) The Texas Juvenile Justice Department shall establish guidelines for the implementation of community-based programs described by this section. The juvenile board of each county to which this section applies shall implement a community-based program that complies with those guidelines.
(e) The Texas Juvenile Justice Department shall provide grants to selected juvenile boards to assist with the implementation of a system of community-based programs under this section.
(f) Expired.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 8, eff. June 8, 2007.
Sec. 54.04012. TRAFFICKED PERSONS PROGRAM. (a) This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.
(b) A juvenile court may require a child adjudicated to have engaged in delinquent conduct or conduct indicating a need for supervision and who is believed to be a victim of conduct that constitutes an offense under Section 20A.02, Penal Code, to participate in a program established under Section 152.0017, Human Resources Code.
(c) The court may require a child participating in the program to periodically appear in court for monitoring and compliance purposes.
(d) Following a child's successful completion of the program, the court may order the sealing of the records of the case in the manner provided by Subchapter C-1, Chapter 58.
Redesignated from Family Code, Section 54.04011 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(17), eff. September 1, 2015.
Sec. 54.04013. SPECIAL COMMITMENT TO TEXAS JUVENILE JUSTICE DEPARTMENT. Notwithstanding any other provision of this code, after a disposition hearing held in accordance with Section 54.04, the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony offense to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community. The court should consider the findings of a validated risk and needs assessment and the findings of any other appropriate professional assessment available to the court.
Sec. 54.0404. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR: EDUCATIONAL PROGRAMS. (a) If a child is found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6), the juvenile court may enter an order requiring the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(b) A juvenile court that enters an order under Subsection (a) shall require the child or the child's parent or other person responsible for the child's support to pay the cost of attending an educational program under Subsection (a) if the court determines that the child, parent, or other person is financially able to make payment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 18, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.004, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 23, eff. September 1, 2017.
Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a disposition under Section 54.04 in which a child described by Subsection (b) is placed on probation, the court:
(1) may require as a condition of probation that the child:
(A) attend psychological counseling sessions for sex offenders as provided by Subsection (e); and
(B) submit to a polygraph examination as provided by Subsection (f) for purposes of evaluating the child's treatment progress; and
(2) shall require as a condition of probation that the child:
(A) register under Chapter 62, Code of Criminal Procedure; and
(B) submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required specimen under other state law.
(b) This section applies to a child placed on probation for conduct constituting an offense for which the child is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
(c) Psychological counseling required as a condition of probation under Subsection (a) must be with an individual or organization that:
(1) provides sex offender treatment or counseling;
(2) is specified by the local juvenile probation department supervising the child; and
(3) meets minimum standards of counseling established by the local juvenile probation department.
(d) A polygraph examination required as a condition of probation under Subsection (a) must be administered by an individual who is:
(1) specified by the local juvenile probation department supervising the child; and
(2) licensed as a polygraph examiner under Chapter 1703, Occupations Code.
(e) A local juvenile probation department that specifies a sex offender treatment provider under Subsection (c) to provide counseling to a child shall:
(1) establish with the cooperation of the treatment provider the date, time, and place of the first counseling session between the child and the treatment provider;
(2) notify the child and the treatment provider, not later than the 21st day after the date the order making the disposition placing the child on probation under Section 54.04 becomes final, of the date, time, and place of the first counseling session between the child and the treatment provider; and
(3) require the treatment provider to notify the department immediately if the child fails to attend any scheduled counseling session.
(f) A local juvenile probation department that specifies a polygraph examiner under Subsection (d) to administer a polygraph examination to a child shall arrange for a polygraph examination to be administered to the child:
(1) not later than the 60th day after the date the child attends the first counseling session established under Subsection (e); and
(2) after the initial polygraph examination, as required by Subdivision (1), on the request of the treatment provider specified under Subsection (c).
(g) A court that requires as a condition of probation that a child attend psychological counseling under Subsection (a) may order the parent or guardian of the child to:
(1) attend four sessions of instruction with an individual or organization specified by the court relating to:
(A) sexual offenses;
(B) family communication skills;
(C) sex offender treatment;
(D) victims' rights;
(E) parental supervision; and
(F) appropriate sexual behavior; and
(2) during the period the child attends psychological counseling, participate in monthly treatment groups conducted by the child's treatment provider relating to the child's psychological counseling.
(h) A court that orders a parent or guardian of a child to attend instructional sessions and participate in treatment groups under Subsection (g) shall require:
(1) the individual or organization specified by the court under Subsection (g) to notify the court immediately if the parent or guardian fails to attend any scheduled instructional session; and
(2) the child's treatment provider specified under Subsection (c) to notify the court immediately if the parent or guardian fails to attend a session in which the parent or guardian is required to participate in a scheduled treatment group.
(i) A court that requires as a condition of probation that a child attend psychological counseling under Subsection (a) may, before the date the probation period ends, extend the probation for any additional period necessary to complete the required counseling as determined by the treatment provider, except that the probation may not be extended to a date after the date of the child's 18th birthday, or 19th birthday if the child is placed on determinate sentence probation under Section 54.04(q).
Added by Acts 1997, 75th Leg., ch. 669, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 211, Sec. 13, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.743, eff. Sept. 1, 2001.
Sec. 54.0406. CHILD PLACED ON PROBATION FOR CONDUCT INVOLVING A HANDGUN. (a) If a court or jury places a child on probation under Section 54.04(d) for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, as defined by Section 46.01, Penal Code, and if at the adjudication hearing the court or jury affirmatively finds that the child personally possessed, carried, used, or exhibited the handgun, the court shall require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of and any person involved in the acquisition.
(b) On receipt of information described by Subsection (a), a juvenile probation officer shall promptly notify the appropriate local law enforcement agency of the information.
(c) Information provided by a child to a juvenile probation officer as required by Subsection (a) and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.
Sec. 54.0407. CRUELTY TO ANIMALS: COUNSELING REQUIRED. If a child is found to have engaged in delinquent conduct constituting an offense under Section 42.09 or 42.092, Penal Code, the juvenile court shall order the child to participate in psychological counseling for a period to be determined by the court.
Sec. 54.0408. REFERRAL OF CHILD EXITING PROBATION TO MENTAL HEALTH OR MENTAL RETARDATION AUTHORITY. A juvenile probation officer shall refer a child who has been determined to have a mental illness or mental retardation to an appropriate local mental health or mental retardation authority at least three months before the child is to complete the child's juvenile probation term unless the child is currently receiving treatment from the local mental health or mental retardation authority of the county in which the child resides.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 14, eff. September 1, 2005.
Sec. 54.0409. DNA SAMPLE REQUIRED ON CERTAIN FELONY ADJUDICATIONS. (a) This section applies only to conduct constituting the commission of a felony:
(1) that is listed in Article 42A.054(a), Code of Criminal Procedure; or
(2) for which it is shown that a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during the commission of the conduct or during immediate flight from the commission of the conduct.
(b) If a court or jury makes a disposition under Section 54.04 in which a child is adjudicated as having engaged in conduct constituting the commission of a felony to which this section applies and the child is placed on probation, the court shall require as a condition of probation that the child provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required sample under other state law.
Added by Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 3, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.32, eff. January 1, 2017.
Sec. 54.041. ORDERS AFFECTING PARENTS AND OTHERS. (a) When a child has been found to have engaged in delinquent conduct or conduct indicating a need for supervision and the juvenile court has made a finding that the child is in need of rehabilitation or that the protection of the public or the child requires that disposition be made, the juvenile court, on notice by any reasonable method to all persons affected, may:
(1) order any person found by the juvenile court to have, by a wilful act or omission, contributed to, caused, or encouraged the child's delinquent conduct or conduct indicating a need for supervision to do any act that the juvenile court determines to be reasonable and necessary for the welfare of the child or to refrain from doing any act that the juvenile court determines to be injurious to the welfare of the child;
(2) enjoin all contact between the child and a person who is found to be a contributing cause of the child's delinquent conduct or conduct indicating a need for supervision;
(3) after notice and a hearing of all persons affected order any person living in the same household with the child to participate in social or psychological counseling to assist in the rehabilitation of the child and to strengthen the child's family environment; or
(4) after notice and a hearing of all persons affected order the child's parent or other person responsible for the child's support to pay all or part of the reasonable costs of treatment programs in which the child is required to participate during the period of probation if the court finds the child's parent or person responsible for the child's support is able to pay the costs.
(b) If a child is found to have engaged in delinquent conduct or conduct indicating a need for supervision arising from the commission of an offense in which property damage or loss or personal injury occurred, the juvenile court, on notice to all persons affected and on hearing, may order the child or a parent to make full or partial restitution to the victim of the offense. The program of restitution must promote the rehabilitation of the child, be appropriate to the age and physical, emotional, and mental abilities of the child, and not conflict with the child's schooling. When practicable and subject to court supervision, the court may approve a restitution program based on a settlement between the child and the victim of the offense. An order under this subsection may provide for periodic payments by the child or a parent of the child for the period specified in the order but except as provided by Subsection (h), that period may not extend past the date of the 18th birthday of the child or past the date the child is no longer enrolled in an accredited secondary school in a program leading toward a high school diploma, whichever date is later.
(c) Restitution under this section is cumulative of any other remedy allowed by law and may be used in addition to other remedies; except that a victim of an offense is not entitled to receive more than actual damages under a juvenile court order.
(d) A person subject to an order proposed under Subsection (a) of this section is entitled to a hearing on the order before the order is entered by the court.
(e) An order made under this section may be enforced as provided by Section 54.07 of this code.
(f) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(h) If the juvenile court places the child on probation in a determinate sentence proceeding initiated under Section 53.045 and transfers supervision on the child's 19th birthday to a district court for placement on community supervision, the district court shall require the payment of any unpaid restitution as a condition of the community supervision. The liability of the child's parent for restitution may not be extended by transfer to a district court for supervision.
Added by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 18, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 338, ch. 154, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 528, ch. 110, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 3262, ch. 565, Sec. 3, eff. Sept. 1, 1983; Acts 1989, 71st Leg., ch. 1170, Sec. 3, eff. June 16, 1989; Acts 1995, 74th Leg., ch. 262, Sec. 39, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.09, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 24, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 15, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 19, eff. Sept. 1, 2003.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
Sec. 54.0411. JUVENILE PROBATION DIVERSION FUND. (a) If a disposition hearing is held under Section 54.04 of this code, the juvenile court, after giving the child, parent, or other person responsible for the child's support a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay a fee as costs of court of $20.
(b) Orders for the payment of fees under this section may be enforced as provided by Section 54.07 of this code.
(c) An officer collecting costs under this section shall keep separate records of the funds collected as costs under this section and shall deposit the funds in the county treasury.
(d) Each officer collecting court costs under this section shall file the reports required under Article 103.005, Code of Criminal Procedure. If no funds due as costs under this section have been collected in any quarter, the report required for each quarter shall be filed in the regular manner, and the report must state that no funds due under this section were collected.
(e) The custodian of the county treasury may deposit the funds collected under this section in interest-bearing accounts. The custodian shall keep records of the amount of funds on deposit collected under this section and not later than the last day of the month following each calendar quarter shall send to the comptroller of public accounts the funds collected under this section during the preceding quarter. A county may retain 10 percent of the funds as a service fee and may retain the interest accrued on the funds if the custodian of a county treasury keeps records of the amount of funds on deposit collected under this section and remits the funds to the comptroller within the period prescribed under this subsection.
(f) Funds collected are subject to audit by the comptroller and funds expended are subject to audit by the State Auditor.
(g) The comptroller shall deposit the funds in a special fund to be known as the juvenile probation diversion fund.
(h) The legislature shall determine and appropriate the necessary amount from the juvenile probation diversion fund to the Texas Juvenile Justice Department for the purchase of services the department considers necessary for the diversion of any juvenile who is at risk of commitment to the department. The department shall develop guidelines for the use of the fund. The department may not purchase the services if a person responsible for the child's support or a local juvenile probation department is financially able to provide the services.
Added by Acts 1987, 70th Leg., ch. 1040, Sec. 23, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 347, Sec. 8, eff. Oct. 1, 1989.
Sec. 54.042. LICENSE SUSPENSION. (a) A juvenile court, in a disposition hearing under Section 54.04, shall:
(1) order the Department of Public Safety to suspend a child's driver's license or permit, or if the child does not have a license or permit, to deny the issuance of a license or permit to the child if the court finds that the child has engaged in conduct that:
(A) violates a law of this state enumerated in Section 521.342(a), Transportation Code; or
(B) violates a penal law of this state or the United States, an element or elements of which involve a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
(2) notify the Department of Public Safety of the adjudication, if the court finds that the child has engaged in conduct that violates a law of this state enumerated in Section 521.372(a), Transportation Code.
(b) A juvenile court, in a disposition hearing under Section 54.04, may order the Department of Public Safety to suspend a child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child, if the court finds that the child has engaged in conduct that violates Section 28.08, Penal Code.
(c) The order under Subsection (a)(1) shall specify a period of suspension or denial of 365 days.
(d) The order under Subsection (b) shall specify a period of suspension or denial:
(1) not to exceed 365 days; or
(2) of 365 days if the court finds the child has been previously adjudicated as having engaged in conduct violating Section 28.08, Penal Code.
(e) A child whose driver's license or permit has been suspended or denied pursuant to this section may, if the child is otherwise eligible for, and fulfills the requirements for issuance of, a provisional driver's license or permit under Chapter 521, Transportation Code, apply for and receive an occupational license in accordance with the provisions of Subchapter L of that chapter.
(f) A juvenile court, in a disposition hearing under Section 54.04, may order the Department of Public Safety to suspend a child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child for a period not to exceed 12 months if the court finds that the child has engaged in conduct in need of supervision or delinquent conduct other than the conduct described by Subsection (a).
(g) A juvenile court that places a child on probation under Section 54.04 may require as a reasonable condition of the probation that if the child violates the probation, the court may order the Department of Public Safety to suspend the child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child for a period not to exceed 12 months. The court may make this order if a child that is on probation under this condition violates the probation. A suspension under this subsection is cumulative of any other suspension under this section.
(h) If a child is adjudicated for conduct that violates Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on which that adjudication is based is a ground for a driver's license suspension under Chapter 524 or 724, Transportation Code, each of the suspensions shall be imposed. The court imposing a driver's license suspension under this section shall credit a period of suspension imposed under Chapter 524 or 724, Transportation Code, toward the period of suspension required under this section, except that if the child was previously adjudicated for conduct that violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not be given.
Added by Acts 1983, 68th Leg., p. 1605, ch. 303, Sec. 25, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 629, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 784, Sec. 7, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 491, Sec. 3, eff. June 15, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.32, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 40, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 30.183, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 593, Sec. 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 17, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(18), eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 20, eff. Sept. 1, 2003.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 18.02, eff. September 1, 2009.
Sec. 54.043. MONITORING SCHOOL ATTENDANCE. If the court places a child on probation under Section 54.04(d) and requires as a condition of probation that the child attend school, the probation officer charged with supervising the child shall monitor the child's school attendance and report to the court if the child is voluntarily absent from school.
Added by Acts 1993, 73rd Leg., ch. 347, Sec. 6.02, eff. Sept. 1, 1993.
Sec. 54.044. COMMUNITY SERVICE. (a) If the court places a child on probation under Section 54.04(d), the court shall require as a condition of probation that the child work a specified number of hours at a community service project approved by the court and designated by the juvenile probation department as provided by Subsection (e), unless the court determines and enters a finding on the order placing the child on probation that:
(1) the child is physically or mentally incapable of participating in the project;
(2) participating in the project will be a hardship on the child or the family of the child; or
(3) the child has shown good cause that community service should not be required.
(b) The court may also order under this section that the child's parent perform community service with the child.
(c) The court shall order that the child and the child's parent perform a total of not more than 500 hours of community service under this section.
(d) A municipality or county that establishes a program to assist children and their parents in rendering community service under this section may purchase insurance policies protecting the municipality or county against claims brought by a person other than the child or the child's parent for a cause of action that arises from an act of the child or parent while rendering community service. The municipality or county is not liable under this section to the extent that damages are recoverable under a contract of insurance or under a plan of self-insurance authorized by statute. The liability of the municipality or county for a cause of action that arises from an action of the child or the child's parent while rendering community service may not exceed $100,000 to a single person and $300,000 for a single occurrence in the case of personal injury or death, and $10,000 for a single occurrence of property damage. Liability may not extend to punitive or exemplary damages. This subsection does not waive a defense, immunity, or jurisdictional bar available to the municipality or county or its officers or employees, nor shall this section be construed to waive, repeal, or modify any provision of Chapter 101, Civil Practice and Remedies Code.
(e) For the purposes of this section, a court may submit to the juvenile probation department a list of organizations or projects approved by the court for community service. The juvenile probation department may:
(1) designate an organization or project for community service only from the list submitted by the court; and
(2) reassign or transfer a child to a different organization or project on the list submitted by the court under this subsection without court approval.
(f) A person subject to an order proposed under Subsection (a) or (b) is entitled to a hearing on the order before the order is entered by the court.
(g) On a finding by the court that a child's parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite the parents' or guardians' efforts, the child continues to engage in such conduct, the court shall waive any requirement for community service that may be imposed on a parent under this section.
(h) An order made under this section may be enforced as provided by Section 54.07.
(i) In a disposition hearing under Section 54.04 in which the court finds that a child engaged in conduct violating Section 521.453, Transportation Code, the court, in addition to any other order authorized under this title and if the court is located in a municipality or county that has established a community service program, may order the child to perform eight hours of community service as a condition of probation under Section 54.04(d) unless the child is shown to have previously engaged in conduct violating Section 521.453, Transportation Code, in which case the court may order the child to perform 12 hours of community service.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 41, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1358, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 25, eff. Sept. 1, 2001.
Sec. 54.045. ADMISSION OF UNADJUDICATED CONDUCT. (a) During a disposition hearing under Section 54.04, a child may:
(1) admit having engaged in delinquent conduct or conduct indicating a need for supervision for which the child has not been adjudicated; and
(2) request the court to take the admitted conduct into account in the disposition of the child.
(b) If the prosecuting attorney agrees in writing, the court may take the admitted conduct into account in the disposition of the child.
(c) A court may take into account admitted conduct over which exclusive venue lies in another county only if the court obtains the written permission of the prosecuting attorney for that county.
(d) A child may not be adjudicated by any court for having engaged in conduct taken into account under this section, except that, if the conduct taken into account included conduct over which exclusive venue lies in another county and the written permission of the prosecuting attorney of that county was not obtained, the child may be adjudicated for that conduct, but the child's admission under this section may not be used against the child in the adjudication.
Sec. 54.046. CONDITIONS OF PROBATION FOR DAMAGING PROPERTY WITH GRAFFITI. (a) If a juvenile court places on probation under Section 54.04(d) a child adjudicated as having engaged in conduct in violation of Section 28.08, Penal Code, in addition to other conditions of probation, the court:
(1) shall order the child to:
(A) reimburse the owner of the property for the cost of restoring the property; or
(B) with consent of the owner of the property, restore the property by removing or painting over any markings made by the child on the property; and
(2) if the child made markings on public property, a street sign, or an official traffic-control device in violation of Section 28.08, Penal Code, shall order the child to:
(A) make to the political subdivision that owns the public property or erected the street sign or official traffic-control device restitution in an amount equal to the lesser of the cost to the political subdivision of replacing or restoring the public property, street sign, or official traffic-control device; or
(B) with the consent of the political subdivision, restore the public property, street sign, or official traffic-control device by removing or painting over any markings made by the child on the property, sign, or device.
(a-1) For purposes of Subsection (a), "official traffic-control device" has the meaning assigned by Section 541.304, Transportation Code.
(b) In addition to a condition imposed under Subsection (a), the court may require the child as a condition of probation to attend a class with instruction in self-responsibility and empathy for a victim of an offense conducted by a local juvenile probation department.
(c) If a juvenile court orders a child to make restitution under Subsection (a) and the child, child's parent, or other person responsible for the child's support is financially unable to make the restitution, the court may order the child to perform a specific number of hours of community service, in addition to the hours required under Subsection (d), to satisfy the restitution.
(d) If a juvenile court places on probation under Section 54.04(d) a child adjudicated as having engaged in conduct in violation of Section 28.08, Penal Code, in addition to other conditions of probation, the court shall order the child to perform:
(1) at least 15 hours of community service if the amount of pecuniary loss resulting from the conduct is $50 or more but less than $500; or
(2) at least 30 hours of community service if the amount of pecuniary loss resulting from the conduct is $500 or more.
(e) The juvenile court shall direct a child ordered to make restitution under this section to deliver the amount or property due as restitution to a juvenile probation department for transfer to the owner. The juvenile probation department shall notify the juvenile court when the child has delivered the full amount of restitution ordered.
Acts 2007, 80th Leg., R.S., Ch. 1053 (H.B. 2151), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 3, eff. September 1, 2009.
Sec. 54.0461. PAYMENT OF JUVENILE DELINQUENCY PREVENTION FEES. (a) If a child is adjudicated as having engaged in delinquent conduct that violates Section 28.08, Penal Code, the juvenile court shall order the child, parent, or other person responsible for the child's support to pay to the court a $50 juvenile delinquency prevention fee as a cost of court.
(b) The court shall deposit fees received under this section to the credit of the county juvenile delinquency prevention fund provided for under Article 102.0171, Code of Criminal Procedure.
(c) If the court finds that a child, parent, or other person responsible for the child's support is unable to pay the juvenile delinquency prevention fee required under Subsection (a), the court shall enter into the child's case records a statement of that finding. The court may waive a fee under this section only if the court makes the finding under this subsection.
Added by Acts 1999, 76th Leg., ch. 174, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 601, Sec. 3, eff. Sept. 1, 2003.
Sec. 54.0462. PAYMENT OF FEES FOR OFFENSES REQUIRING DNA TESTING. (a) If a child is adjudicated as having engaged in delinquent conduct that constitutes the commission of a felony and the provision of a DNA sample is required under Section 54.0409 or other law, the juvenile court shall order the child, parent, or other person responsible for the child's support to pay to the court as a cost of court:
(1) a $50 fee if the disposition of the case includes a commitment to a facility operated by or under contract with the Texas Juvenile Justice Department; and
(2) a $34 fee if the disposition of the case does not include a commitment described by Subdivision (1) and the child is required to submit a DNA sample under Section 54.0409 or other law.
(b) The clerk of the court shall transfer to the comptroller any funds received under this section. The comptroller shall credit the funds to the Department of Public Safety to help defray the cost of any analyses performed on DNA samples provided by children with respect to whom a court cost is collected under this section.
(c) If the court finds that a child, parent, or other person responsible for the child's support is unable to pay the fee required under Subsection (a), the court shall enter into the child's case records a statement of that finding. The court may waive a fee under this section only if the court makes the finding under this subsection.
Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE. (a) If the court or jury finds at an adjudication hearing for a child that the child engaged in delinquent conduct or conduct indicating a need for supervision that constitutes a violation of Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the court may order that the child attend a drug education program that is designed to educate persons on the dangers of drug abuse and is approved by the Department of State Health Services in accordance with Section 521.374, Transportation Code.
(b) If the court or jury finds at an adjudication hearing for a child that the child engaged in delinquent conduct or conduct indicating a need for supervision that violates the alcohol-related offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the court may order that the child attend an alcohol awareness program described by Section 106.115, Alcoholic Beverage Code.
(c) The court shall, in addition to any order described by Subsection (a) or (b), order that, in the manner provided by Section 106.071(d), Alcoholic Beverage Code:
(1) the child perform community service; and
(2) the child's driver's license or permit be suspended or that the child be denied issuance of a driver's license or permit.
(d) An order under this section:
(1) is subject to a finding under Section 54.04(c); and
(2) may be issued in addition to any other order authorized by this title.
(e) The Department of State Health Services:
(1) is responsible for the administration of the certification of drug education programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding drug education programs approved under this section; and
(4) shall monitor and provide training to a person who provides a drug education program.
(f) If the court orders a child under Subsection (a) or (b) to attend a drug education program or alcohol awareness program, unless the court determines that the parent or guardian of the child is indigent and unable to pay the cost, the court shall require the child's parent or a guardian of the child to pay the cost of attending the program. The court shall allow the child's parent or guardian to pay the cost of attending the program in installments.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 18, eff. Sept. 1, 1997. Renumbered from Sec. 54.046 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(19), eff. Sept. 1, 1999.
Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 6, eff. September 1, 2015.
Sec. 54.048. RESTITUTION. (a) A juvenile court, in a disposition hearing under Section 54.04, may order restitution to be made by the child and the child's parents.
(b) This section applies without regard to whether the petition in the case contains a plea for restitution.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 26, eff. Sept. 1, 2001.
Sec. 54.0481. RESTITUTION FOR DAMAGING PROPERTY WITH GRAFFITI. (a) A juvenile court, in a disposition hearing under Section 54.04 regarding a child who has been adjudicated to have engaged in delinquent conduct that violates Section 28.08, Penal Code:
(1) may order the child or a parent or other person responsible for the child's support to make restitution by:
(A) reimbursing the owner of the property for the cost of restoring the property; or
(B) with the consent of the owner of the property, personally restoring the property by removing or painting over any markings the child made; and
(2) if the child made markings on public property, a street sign, or an official traffic-control device in violation of Section 28.08, Penal Code, may order the child or a parent or other person responsible for the child's support to:
(b) If a juvenile court orders a child to make restitution under Subsection (a) and the child, child's parent, or other person responsible for the child's support is financially unable to make the restitution, the court may order the child to perform a specific number of hours of community service to satisfy the restitution.
(c) For purposes of Subsection (a), "official traffic-control device" has the meaning assigned by Section 541.304, Transportation Code.
Sec. 54.0482. TREATMENT OF RESTITUTION PAYMENTS. (a) A juvenile probation department that receives a payment to a victim as the result of a juvenile court order for restitution shall immediately:
(1) deposit the payment in an interest-bearing account in the county treasury; and
(2) notify the victim that a payment has been received.
(b) The juvenile probation department shall promptly remit the payment to a victim who has been notified under Subsection (a) and makes a claim for payment.
(b-1) If the victim does not make a claim for payment on or before the 30th day after the date of being notified under Subsection (a), the juvenile probation department shall notify the victim by certified mail, sent to the last known address of the victim, that a payment has been received.
(c) On or before the fifth anniversary of the date the juvenile probation department receives a payment for a victim that is not claimed by the victim, the department shall make and document a good faith effort to locate and notify the victim that an unclaimed payment exists, including:
(1) confirming, if possible, the victim's most recent address with the Department of Public Safety; and
(2) making at least one additional certified mailing to the victim.
(d) A juvenile probation department satisfies the good faith requirement under Subsection (c) by sending by certified mail to the victim, during the period the child is required by the juvenile court order to make payments to the victim, a notice that the victim is entitled to an unclaimed payment.
(e) If a victim claims a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the juvenile probation department shall pay the victim the amount of the original payment, less any interest earned while holding the payment.
(f) If a victim does not claim a payment on or before the fifth anniversary of the date on which the juvenile probation department mailed a notice to the victim under Subsection (b-1), the department:
(1) has no liability to the victim or anyone else in relation to the payment; and
(2) shall transfer the payment from the interest-bearing account to a special fund of the county treasury, the unclaimed juvenile restitution fund.
(g) The county may spend money in the unclaimed juvenile restitution fund only for the same purposes for which the county may spend juvenile state aid.
Added by Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 12, eff. September 1, 2007.
Renumbered from Family Code, Section 54.0481 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(14), eff. September 1, 2009.
Sec. 54.049. CONDITIONS OF PROBATION FOR DESECRATING A CEMETERY OR ABUSING A CORPSE. (a) If a juvenile court places on probation under Section 54.04(d) a child adjudicated to have engaged in conduct in violation of Section 28.03(f), Penal Code, involving damage or destruction inflicted on a place of human burial or under Section 42.08, Penal Code, in addition to other conditions of probation, the court shall order the child to make restitution to a cemetery organization operating a cemetery affected by the conduct in an amount equal to the cost to the cemetery of repairing any damage caused by the conduct.
(b) If a juvenile court orders a child to make restitution under Subsection (a) and the child is financially unable to make the restitution, the court may order:
(1) the child to perform a specific number of hours of community service to satisfy the restitution; or
(2) a parent or other person responsible for the child's support to make the restitution in the amount described by Subsection (a).
(c) In this section, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code.
Added by Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 3, eff. June 18, 2005.
Sec. 54.0491. GANG-RELATED CONDUCT. (a) In this section:
(1) "Criminal street gang" has the meaning assigned by Section 71.01, Penal Code.
(2) "Gang-related conduct" means conduct that violates a penal law of the grade of Class B misdemeanor or higher and in which a child engages with the intent to:
(A) further the criminal activities of a criminal street gang of which the child is a member;
(B) gain membership in a criminal street gang; or
(C) avoid detection as a member of a criminal street gang.
(b) A juvenile court, in a disposition hearing under Section 54.04 regarding a child who has been adjudicated to have engaged in delinquent conduct that is also gang-related conduct, shall order the child to participate in a criminal street gang intervention program that is appropriate for the child based on the child's level of involvement in the criminal activities of a criminal street gang. The intervention program:
(1) must include at least 12 hours of instruction; and
(2) may include voluntary tattoo removal.
(c) If a child required to attend a criminal street gang intervention program is committed to the Texas Juvenile Justice Department as a result of the gang-related conduct, the child must complete the intervention program before being discharged from the custody of or released under supervision by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 19, eff. September 1, 2009.
Sec. 54.05. HEARING TO MODIFY DISPOSITION. (a) Except as provided by Subsection (a-1), any disposition, except a commitment to the Texas Juvenile Justice Department, may be modified by the juvenile court as provided in this section until:
(1) the child reaches:
(A) the child's 18th birthday; or
(B) the child's 19th birthday, if the child was placed on determinate sentence probation under Section 54.04(q); or
(2) the child is earlier discharged by the court or operation of law.
(a-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 , Sec. 41(3), eff. September 1, 2015.
(b) Except for a commitment to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011 or a placement on determinate sentence probation under Section 54.04(q), all dispositions automatically terminate when the child reaches the child's 18th birthday.
(c) There is no right to a jury at a hearing to modify disposition.
(d) A hearing to modify disposition shall be held on the petition of the child and his parent, guardian, guardian ad litem, or attorney, or on the petition of the state, a probation officer, or the court itself. Reasonable notice of a hearing to modify disposition shall be given to all parties.
(e) After the hearing on the merits or facts, the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of other witnesses. On or before the second day before the date of the hearing to modify disposition, the court shall provide the attorney for the child and the prosecuting attorney with access to all written matter to be considered by the court in deciding whether to modify disposition. The court may order counsel not to reveal items to the child or his parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(f) Except as provided by Subsection (j), a disposition based on a finding that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony may be modified so as to commit the child to the Texas Juvenile Justice Department or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, if the court after a hearing to modify disposition finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court. A disposition based on a finding that the child engaged in habitual felony conduct as described by Section 51.031 or in delinquent conduct that included a violation of a penal law listed in Section 53.045(a) may be modified to commit the child to the Texas Juvenile Justice Department or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, with a possible transfer to the Texas Department of Criminal Justice for a definite term prescribed by, as applicable, Section 54.04(d)(3) or Section 152.0016(g), Human Resources Code, if the original petition was approved by the grand jury under Section 53.045 and if after a hearing to modify the disposition the court finds that the child violated a reasonable and lawful order of the court.
(g) Except as provided by Subsection (j), a disposition based solely on a finding that the child engaged in conduct indicating a need for supervision may not be modified to commit the child to the Texas Juvenile Justice Department. A new finding in compliance with Section 54.03 must be made that the child engaged in delinquent conduct that meets the requirements for commitment under Section 54.04.
(h) A hearing shall be held prior to placement in a post-adjudication secure correctional facility for a period longer than 30 days or commitment to the Texas Juvenile Justice Department as a modified disposition. In other disposition modifications, the child and the child's parent, guardian, guardian ad litem, or attorney may waive hearing in accordance with Section 51.09.
(i) The court shall specifically state in the order its reasons for modifying the disposition and shall furnish a copy of the order to the child.
(j) If, after conducting a hearing to modify disposition without a jury, the court finds by a preponderance of the evidence that a child violated a reasonable and lawful condition of probation ordered under Section 54.04(q), the court may modify the disposition to commit the child to the Texas Juvenile Justice Department under Section 54.04(d)(3) or, if applicable, a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, for a term that does not exceed the original sentence assessed by the court or jury.
(k) Repealed by Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 64(2), eff. June 8, 2007.
(l) The court may extend a period of probation under this section at any time during the period of probation or, if a motion for revocation or modification of probation is filed before the period of supervision ends, before the first anniversary of the date on which the period of probation expires.
(m) If the court places the child on probation outside the child's home or commits the child to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility operated under Section 152.0016, Human Resources Code, the court:
(1) shall include in the court's order a determination that:
(B) reasonable efforts were made to prevent or eliminate the need for the child's removal from the child's home and to make it possible for the child to return home; and
(2) may approve an administrative body to conduct a permanency hearing pursuant to 42 U.S.C. Section 675 if required during the placement or commitment of the child.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1979, 66th Leg., p. 1829, ch. 743, Sec. 1, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 162, ch. 44, art. 1, Sec. 4, eff. April 26, 1983; Acts 1985, 69th Leg., ch. 45, Sec. 3, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 385, Sec. 10, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 557, Sec. 3, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 42, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1448, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 11, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 27, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 5.002, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 21, eff. Sept. 1, 2003.
Sec. 54.051. TRANSFER OF DETERMINATE SENTENCE PROBATION TO APPROPRIATE DISTRICT COURT. (a) On motion of the state concerning a child who is placed on probation under Section 54.04(q) for a period, including any extension ordered under Section 54.05, that will continue after the child's 19th birthday, the juvenile court shall hold a hearing to determine whether to transfer the child to an appropriate district court or discharge the child from the sentence of probation.
(b) The hearing must be conducted before the person's 19th birthday, or before the person's 18th birthday if the offense for which the person was placed on probation occurred before September 1, 2011, and must be conducted in the same manner as a hearing to modify disposition under Section 54.05.
(c) If, after a hearing, the court determines to discharge the child, the court shall specify a date on or before the child's 19th birthday to discharge the child from the sentence of probation.
(d) If, after a hearing, the court determines to transfer the child, the court shall transfer the child to an appropriate district court on the child's 19th birthday.
(d-1) After a transfer to district court under Subsection (d), only the petition, the grand jury approval, the judgment concerning the conduct for which the person was placed on determinate sentence probation, and the transfer order are a part of the district clerk's public record.
(e) A district court that exercises jurisdiction over a person transferred under Subsection (d) shall place the person on community supervision under Chapter 42A, Code of Criminal Procedure, for the remainder of the person's probationary period and under conditions consistent with those ordered by the juvenile court.
(e-1) The restrictions on a judge placing a defendant on community supervision imposed by Article 42A.054, Code of Criminal Procedure, do not apply to a case transferred from the juvenile court. The minimum period of community supervision imposed by Article 42A.053(d), Code of Criminal Procedure, does not apply to a case transferred from the juvenile court.
(e-2) If a person who is placed on community supervision under this section violates a condition of that supervision or if the person violated a condition of probation ordered under Section 54.04(q) and that probation violation was not discovered by the state before the person's 19th birthday, the district court shall dispose of the violation of community supervision or probation, as appropriate, in the same manner as if the court had originally exercised jurisdiction over the case. If the judge revokes community supervision, the judge may reduce the prison sentence to any length without regard to the minimum term imposed by Article 42A.755(a), Code of Criminal Procedure.
(e-3) The time that a person serves on probation ordered under Section 54.04(q) is the same as time served on community supervision ordered under this section for purposes of determining the person's eligibility for early discharge from community supervision under Article 42A.701, Code of Criminal Procedure.
(f) The juvenile court may transfer a child to an appropriate district court as provided by this section without a showing that the child violated a condition of probation ordered under Section 54.04(q).
(g) If the juvenile court places the child on probation for an offense for which registration as a sex offender is required by Chapter 62, Code of Criminal Procedure, and defers the registration requirement until completion of treatment for the sex offense under Subchapter H, Chapter 62, Code of Criminal Procedure, the authority under that article to reexamine the need for registration on completion of treatment is transferred to the court to which probation is transferred.
(h) If the juvenile court places the child on probation for an offense for which registration as a sex offender is required by Chapter 62, Code of Criminal Procedure, and the child registers, the authority of the court to excuse further compliance with the registration requirement under Subchapter H, Chapter 62, Code of Criminal Procedure, is transferred to the court to which probation is transferred.
(i) If the juvenile court exercises jurisdiction over a person who is 18 or 19 years of age or older, as applicable, under Section 51.041 or 51.0412, the court or jury may, if the person is otherwise eligible, place the person on probation under Section 54.04(q). The juvenile court shall set the conditions of probation and immediately transfer supervision of the person to the appropriate court exercising criminal jurisdiction under Subsection (e).
Added by Acts 1999, 76th Leg., ch. 1477, Sec. 12, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 22, eff. Sept. 1, 2003.
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.07, eff. September 1, 2005.
Sec. 54.052. CREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only to a child who is committed to:
(1) the Texas Juvenile Justice Department under a determinate sentence under Section 54.04(d)(3) or (m) or Section 54.05(f); or
(2) a post-adjudication secure correctional facility under a determinate sentence under Section 54.04011(c)(2).
(b) The judge of the court in which a child is adjudicated shall give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a Texas Juvenile Justice Department facility or a post-adjudication secure correctional facility, as applicable.
(c) If a child appeals the child's adjudication and is retained in a secure detention facility pending the appeal, the judge of the court in which the child was adjudicated shall give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the child under this subsection.
(d) The Texas Juvenile Justice Department or the juvenile board or local juvenile probation department operating or contracting for the operation of the post-adjudication secure correctional facility under Section 152.0016, Human Resources Code, as applicable, shall grant any credit under this section in computing the child's eligibility for parole and discharge.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 10, eff. June 8, 2007.
Sec. 54.06. JUDGMENTS FOR SUPPORT. (a) At any stage of the proceeding, when a child has been placed outside the child's home, the juvenile court, after giving the parent or other person responsible for the child's support a reasonable opportunity to be heard, shall order the parent or other person to pay in a manner directed by the court a reasonable sum for the support in whole or in part of the child or the court shall waive the payment by order. The court shall order that the payment for support be made to the local juvenile probation department to be used only for residential care and other support for the child unless the child has been committed to the Texas Juvenile Justice Department, in which case the court shall order that the payment be made to the Texas Juvenile Justice Department for deposit in a special account in the general revenue fund that may be appropriated only for the care of children committed to the Texas Juvenile Justice Department.
(b) At any stage of the proceeding, when a child has been placed outside the child's home and the parent of the child is obligated to pay support for the child under a court order under Title 5, the juvenile court shall order that the person entitled to receive the support assign the person's right to support for the child placed outside the child's home to the local juvenile probation department to be used for residential care and other support for the child unless the child has been committed to the Texas Juvenile Justice Department, in which event the court shall order that the assignment be made to the Texas Juvenile Justice Department.
(c) A court may enforce an order for support under this section by ordering garnishment of the wages of the person ordered to pay support or by any other means available to enforce a child support order under Title 5.
(d) Repealed by Acts 2003, 78th Leg., ch. 283, Sec. 61(1).
(e) The court shall apply the child support guidelines under Subchapter C, Chapter 154, in an order requiring the payment of child support under this section. The court shall also require in an order to pay child support under this section that health insurance and dental insurance be provided for the child. Subchapter D, Chapter 154, applies to an order requiring health insurance and dental insurance for a child under this section.
(f) An order under this section prevails over any previous child support order issued with regard to the child to the extent of any conflict between the orders.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1983, 68th Leg., p. 163, ch. 44, art. 1, Sec. 5, eff. April 26, 1983; Acts 1987, 70th Leg., ch. 1040, Sec. 24, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 798, Sec. 23, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 1048, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 43, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 7.11, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 283, Sec. 61(1), eff. Sept. 1, 2003.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 1, eff. September 1, 2018.
Sec. 54.061. PAYMENT OF PROBATION FEES. (a) If a child is placed on probation under Section 54.04(d)(1) of this code, the juvenile court, after giving the child, parent, or other person responsible for the child's support a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay to the court a fee of not more than $15 a month during the period that the child continues on probation.
(c) The court shall deposit the fees received under this section in the county treasury to the credit of a special fund that may be used only for juvenile probation or community-based juvenile corrections services or facilities in which a juvenile may be required to live while under court supervision.
(d) If the court finds that a child, parent, or other person responsible for the child's support is financially unable to pay the probation fee required under Subsection (a), the court shall enter into the records of the child's case a statement of that finding. The court may waive a fee under this section only if the court makes the finding under this subsection.
Added by Acts 1979, 66th Leg., p. 338, ch. 154, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2425, ch. 617, Sec. 4, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1040, Sec. 25, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 44, eff. Jan. 1, 1996.
Sec. 54.07. ENFORCEMENT OF ORDER. (a) Except as provided by Subsection (b) or a juvenile court child support order, any order of the juvenile court may be enforced as provided by Chapter 61.
(b) A violation of any of the following orders of the juvenile court may not be enforced by contempt of court proceedings against the child:
(1) an order setting conditions of probation;
(2) an order setting conditions of deferred prosecution; and
(3) an order setting conditions of release from detention.
(c) This section and Chapter 61 do not preclude a juvenile court from summarily finding a child or other person in direct contempt of the juvenile court for conduct occurring in the presence of the judge of the court. Direct contempt of the juvenile court by a child is punishable by a maximum of 10 days' confinement in a secure juvenile detention facility or by a maximum of 40 hours of community service, or both. The juvenile court may not impose a fine on a child for direct contempt.
(d) This section and Chapter 61 do not preclude a juvenile court in an appropriate case from using a civil or coercive contempt proceeding to enforce an order.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1979, 66th Leg., p. 339, ch. 154, Sec. 3, eff. Sept. 1, 1979; Acts 2003, 78th Leg., ch. 283, Sec. 23, eff. Sept. 1, 2003.
Sec. 54.08. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as provided by this section, the court shall open hearings under this title to the public unless the court, for good cause shown, determines that the public should be excluded.
(b) The court may not prohibit a person who is a victim of the conduct of a child, or the person's family, from personally attending a hearing under this title relating to the conduct by the child unless the victim or member of the victim's family is to testify in the hearing or any subsequent hearing relating to the conduct and the court determines that the victim's or family member's testimony would be materially affected if the victim or member of the victim's family hears other testimony at trial.
(c) If a child is under the age of 14 at the time of the hearing, the court shall close the hearing to the public unless the court finds that the interests of the child or the interests of the public would be better served by opening the hearing to the public.
(d) In this section, "family" has the meaning assigned by Section 71.003.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1987, 70th Leg., ch. 385, Sec. 11, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 262, Sec. 45, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, Sec. 12, eff. Sept. 1, 1997.
Sec. 54.09. RECORDING OF PROCEEDINGS. All judicial proceedings under this chapter except detention hearings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means. Upon request of any party, a detention hearing shall be recorded.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.
Sec. 54.10. HEARINGS BEFORE REFEREE.
(a) Except as provided by Subsection (e), a hearing under Section 54.03, 54.04, or 54.05, including a jury trial, a hearing under Chapter 55, including a jury trial, or a hearing under the Interstate Compact for Juveniles (Chapter 60) may be held by a referee appointed in accordance with Section 51.04(g) or an associate judge appointed under Chapter 54A, Government Code, provided:
(1) the parties have been informed by the referee or associate judge that they are entitled to have the hearing before the juvenile court judge; and
(2) after each party is given an opportunity to object, no party objects to holding the hearing before the referee or associate judge.
(b) The determination under Section 53.02(f) whether to release a child may be made by a referee appointed in accordance with Section 51.04(g) if:
(1) the child has been informed by the referee that the child is entitled to have the determination made by the juvenile court judge or a substitute judge authorized by Section 51.04(f); or
(2) the child and the attorney for the child have in accordance with Section 51.09 waived the right to have the determination made by the juvenile court judge or a substitute judge.
(c) If a child objects to a referee making the determination under Section 53.02(f), the juvenile court judge or a substitute judge authorized by Section 51.04(f) shall make the determination.
(d) At the conclusion of the hearing or immediately after making the determination, the referee shall transmit written findings and recommendations to the juvenile court judge. The juvenile court judge shall adopt, modify, or reject the referee's recommendations not later than the next working day after the day that the judge receives the recommendations. Failure to act within that time results in release of the child by operation of law and a recommendation that the child be released operates to secure the child's immediate release subject to the power of the juvenile court judge to modify or reject that recommendation.
(e) Except as provided by Subsection (f), the hearings provided by Sections 54.03, 54.04, and 54.05 may not be held before a referee if the grand jury has approved of the petition and the child is subject to a determinate sentence.
(f) When the state and a child who is subject to a determinate sentence agree to the disposition of the case, wholly or partly, a referee or associate judge may hold a hearing for the purpose of allowing the child to enter a plea or stipulation of evidence. After the hearing under this subsection, the referee or associate judge shall transmit the referee's or associate judge's written findings and recommendations regarding the plea or stipulation of evidence to the juvenile court judge for consideration. The juvenile court judge may accept or reject the plea or stipulation of evidence in accordance with Section 54.03(j).
Added by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 19, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 1830, ch. 743, Sec. 2, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 385, Sec. 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 74, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1086, Sec. 13, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 232, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 13, eff. Sept. 1, 1999.
Acts 2005, 79th Leg., Ch. 1007 (H.B. 706), Sec. 2.03.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.08, eff. January 1, 2012.
Acts 2017, 85th Leg., R.S., Ch. 981 (H.B. 678), Sec. 1, eff. September 1, 2017.
Sec. 54.11. RELEASE OR TRANSFER HEARING. (a) On receipt of a referral under Section 244.014(a), Human Resources Code, for the transfer to the Texas Department of Criminal Justice of a person committed to the Texas Juvenile Justice Department under Section 54.04(d)(3), 54.04(m), or 54.05(f), on receipt of a request by the Texas Juvenile Justice Department under Section 245.051(d), Human Resources Code, for approval of the release under supervision of a person committed to the Texas Juvenile Justice Department under Section 54.04(d)(3), 54.04(m), or 54.05(f), or on receipt of a referral under Section 152.0016(g) or (j), Human Resources Code, the court shall set a time and place for a hearing on the possible transfer or release of the person, as applicable.
(b) The court shall notify the following of the time and place of the hearing:
(1) the person to be transferred or released under supervision;
(2) the parents of the person;
(3) any legal custodian of the person, including the Texas Juvenile Justice Department or a juvenile board or local juvenile probation department if the child is committed to a post-adjudication secure correctional facility;
(4) the office of the prosecuting attorney that represented the state in the juvenile delinquency proceedings;
(5) the victim of the offense that was included in the delinquent conduct that was a ground for the disposition, or a member of the victim's family; and
(6) any other person who has filed a written request with the court to be notified of a release hearing with respect to the person to be transferred or released under supervision.
(c) Except for the person to be transferred or released under supervision and the prosecuting attorney, the failure to notify a person listed in Subsection (b) of this section does not affect the validity of a hearing conducted or determination made under this section if the record in the case reflects that the whereabouts of the persons who did not receive notice were unknown to the court and a reasonable effort was made by the court to locate those persons.
(d) At a hearing under this section the court may consider written reports and supporting documents from probation officers, professional court employees, professional consultants, employees of the Texas Juvenile Justice Department, or employees of a post-adjudication secure correctional facility in addition to the testimony of witnesses. On or before the fifth day before the date of the hearing, the court shall provide the attorney for the person to be transferred or released under supervision with access to all written matter to be considered by the court. All written matter is admissible in evidence at the hearing.
(e) At the hearing, the person to be transferred or released under supervision is entitled to an attorney, to examine all witnesses against him, to present evidence and oral argument, and to previous examination of all reports on and evaluations and examinations of or relating to him that may be used in the hearing.
(f) A hearing under this section is open to the public unless the person to be transferred or released under supervision waives a public hearing with the consent of his attorney and the court.
(g) A hearing under this section must be recorded by a court reporter or by audio or video tape recording, and the record of the hearing must be retained by the court for at least two years after the date of the final determination on the transfer or release of the person by the court.
(h) The hearing on a person who is referred for transfer under Section 152.0016(j) or 244.014(a), Human Resources Code, shall be held not later than the 60th day after the date the court receives the referral.
(i) On conclusion of the hearing on a person who is referred for transfer under Section 152.0016(j) or 244.014(a), Human Resources Code, the court may, as applicable, order:
(1) the return of the person to the Texas Juvenile Justice Department or post-adjudication secure correctional facility; or
(2) the transfer of the person to the custody of the Texas Department of Criminal Justice for the completion of the person's sentence.
(j) On conclusion of the hearing on a person who is referred for release under supervision under Section 152.0016(g) or 245.051(c), Human Resources Code, the court may, as applicable, order the return of the person to the Texas Juvenile Justice Department or post-adjudication secure correctional facility:
(1) with approval for the release of the person under supervision; or
(2) without approval for the release of the person under supervision.
(k) In making a determination under this section, the court may consider the experiences and character of the person before and after commitment to the Texas Juvenile Justice Department or post-adjudication secure correctional facility, the nature of the penal offense that the person was found to have committed and the manner in which the offense was committed, the abilities of the person to contribute to society, the protection of the victim of the offense or any member of the victim's family, the recommendations of the Texas Juvenile Justice Department, county juvenile board, local juvenile probation department, and prosecuting attorney, the best interests of the person, and any other factor relevant to the issue to be decided.
(l) Pending the conclusion of a transfer hearing, the juvenile court shall order that the person who is referred for transfer be detained in a certified juvenile detention facility as provided by Subsection (m). If the person is at least 17 years of age, the juvenile court may order that the person be detained without bond in an appropriate county facility for the detention of adults accused of criminal offenses.
(m) The detention of a person in a certified juvenile detention facility must comply with the detention requirements under this title, except that, to the extent practicable, the person must be kept separate from children detained in the same facility.
(n) If the juvenile court orders that a person who is referred for transfer be detained in a county facility under Subsection (l), the county sheriff shall take custody of the person under the juvenile court's order.
(o) In this section, "post-adjudication secure correctional facility" has the meaning assigned by Section 54.04011.
Added by Acts 1987, 70th Leg., ch. 385, Sec. 13, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 574, Sec. 3, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 46, eff. Jan. 1, 1996; Acts 2001, 77th Leg., ch. 1297, Sec. 29, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 24, eff. Sept. 1, 2003.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.058, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.007, eff. September 1, 2011.
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HEALTH AND SAFETY CODE
TITLE 4. HEALTH FACILITIES
SUBTITLE D. HOSPITAL DISTRICTS
CHAPTER 281. HOSPITAL DISTRICTS IN COUNTIES OF AT LEAST 190,000
SUBCHAPTER A. CREATION OF DISTRICT
Sec. 281.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of hospital managers of a district.
(2) "District" means a hospital district created under this chapter.
(3) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0828, eff. April 2, 2015.
Sec. 281.002. DISTRICT AUTHORIZATION. (a) A county with at least 190,000 inhabitants that does not own or operate a hospital system for indigent or needy persons may create a countywide hospital district and provide for the establishment of a hospital or hospital system to furnish medical aid and hospital care to indigent and needy persons residing in the district.
(b) A county with at least 190,000 inhabitants that owns and operates a hospital or hospital system for indigent or needy persons, separately or jointly with a municipality, may create a countywide hospital district and take over the hospital or hospital system to furnish medical aid and hospital care to indigent and needy persons residing in the district.
(c) A county with at least 190,000 inhabitants that has within its boundaries a municipality that owns a hospital or hospital system for indigent or needy persons that is operated by or on behalf of the municipality may create a countywide hospital district to assume ownership of the hospital or hospital system and to furnish medical aid and hospital care to indigent and needy persons residing in the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.208, eff. Sept. 1, 2003.
Sec. 281.003. CREATION ELECTION REQUIRED. (a) The district may be created only if the creation is approved by a majority of the qualified voters of the county in which the proposed district is to be located who vote at an election called and held for that purpose.
(b) The commissioners court may order a creation election to be held on its own motion and shall order the election on the presentation of a petition for a creation election signed by at least 100 qualified property taxpaying voters of the county.
(c) The election shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law.
Sec. 281.004. BALLOT PROPOSITIONS. (a) Except as provided by Subsection (a-1) or (b), the ballot for an election under this chapter shall be printed to provide for voting for or against the proposition: "The creation of a hospital district and the levy of a tax not to exceed 75 cents on each $100 of the taxable value of property taxable by the district."
(a-1) The ballot for an election under this chapter held in a county with a population of more than 800,000 that is not included in the boundaries of a hospital district before September 1, 2003, shall be printed to provide for voting for or against the proposition: "The creation of a hospital district and the levy of a tax not to exceed 25 cents on each $100 of the taxable value of property taxable by the district."
(b) If the county or a municipality in the county has any outstanding bonds issued for hospital purposes, the ballot for an election under this chapter shall contain the proposition prescribed by Subsection (a) or (a-1), as appropriate, followed by ", and the assumption by the district of all outstanding bonds previously issued for hospital purposes by __________ County and by any municipality in the county."
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 281.021. APPOINTMENT OF BOARD. (a) The commissioners court of a county in which a district is created under this chapter shall appoint a board of hospital managers composed of not less than five or more than seven members.
(b) The commissioners court of a county with a population of more than 1.8 million but less than 1.9 million in which a district is created under this chapter shall appoint a board composed of not less than five or more than 15 members.
(c) The Harris County Commissioners Court shall appoint a board composed of not less than seven or more than nine members.
(d) If a district is created under this chapter in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003, the district shall be governed by a nine-member board of hospital managers, appointed as follows:
(1) the commissioners court of the county shall appoint four members;
(2) the governing body of the municipality with the largest population in the county shall appoint four members; and
(3) the commissioners court and the governing body of the municipality described by Subdivision (2) shall jointly appoint one member.
(e) The El Paso County Commissioners Court shall appoint a board composed of seven members, and shall by order provide for the qualifications of appointees to the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 72, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 669, Sec. 36, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.210, eff. Sept. 1, 2003.
Acts 2011, 82nd Leg., R.S., Ch. 841 (H.B. 3462), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 35, eff. September 1, 2011.
Sec. 281.0211. APPOINTMENT OF DALLAS COUNTY HOSPITAL DISTRICT BOARD; MEMBERS' TERMS. (a) The Dallas County Hospital District is governed by a board composed of 11 members, appointed as follows:
(1) the Dallas County Commissioners Court shall appoint one member;
(2) each commissioner on the Dallas County Commissioners Court shall appoint two members; and
(3) the county judge of Dallas County shall appoint two members.
(b) Board members appointed under this section serve staggered three-year terms, with as near as possible to one-third of the members' terms expiring each year.
(c) On or after September 1, 2022, the Dallas County Commissioners Court shall appoint members to the board in accordance with Sections 281.021(a) and 281.022(a).
(d) Subsection (c) does not affect the entitlement of a member of the board of the Dallas County Hospital District appointed to the board under this section before September 1, 2022, to continue to carry out the member's functions for the remainder of the member's term.
(e) On the expiration of the terms of the board members described by Subsection (d), the Dallas County Commissioners Court shall take appropriate action to ensure that, as soon as possible, the board of the Dallas County Hospital District complies with the requirements of Sections 281.021(a) and 281.022(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 899 (S.B. 1461), Sec. 1, eff. June 18, 2015.
Sec. 281.022. TERM. (a) A board member serves a two-year term, except that the commissioners court may make some initial appointments for one year in order to stagger terms.
(b) The members of the board of hospital managers of the Nueces County Hospital District serve staggered three-year terms, with as near as possible to one-third of the members' terms expiring each year.
(c) The members of a board of hospital managers appointed under Section 281.021(d) serve staggered four-year terms, with as near as possible to one-fourth of the members' terms expiring each year. The terms of the members appointed under that section are as follows:
(1) the members appointed solely by the governing body of the municipality with the largest population in the county shall draw lots to determine which member serves a one-year term, which member serves a two-year term, which member serves a three-year term, and which member serves a four-year term;
(2) the members appointed solely by the commissioners court of the county shall draw lots to determine which member serves a one-year term, which member serves a two-year term, which member serves a three-year term, and which member serves a four-year term; and
(3) the member appointed jointly by the governing body of the municipality described by Subdivision (1) and the commissioners court serves a four-year term.
(d) The members of the board of hospital managers of the El Paso County Hospital District serve staggered three-year terms, with as near as possible to one-third of the members' terms expiring each year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 212, Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 198, Sec. 2.211, eff. Sept. 1, 2003.
Sec. 281.0221. TERM LIMIT. A member of the board of hospital managers of the El Paso County Hospital District may not serve more than two consecutive three-year terms and is not eligible for reappointment to the board until the second anniversary of the date the member's eligibility expires under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 206 (S.B. 534), Sec. 3, eff. September 1, 2009.
Sec. 281.0222. QUALIFICATIONS FOR OFFICE. (a) This section applies only to the El Paso County Hospital District.
(b) The El Paso County Commissioners Court may not appoint a person to the board of hospital managers of the district if the person is:
(1) an employee of El Paso County;
(2) a district employee; or
(3) related within the third degree of consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code, to a member of the commissioners court or to a person described by Subdivision (1) or (2).
Added by Acts 2011, 82nd Leg., R.S., Ch. 841 (H.B. 3462), Sec. 2, eff. June 17, 2011.
Sec. 281.023. OFFICERS. (a) The board shall elect from among its members:
(1) a chairman; and
(2) a vice-chairman to preside in the chairman's absence.
(b) The board shall appoint a board member or the administrator to serve as secretary.
Sec. 281.024. COMPENSATION. A board member serves without compensation.
Sec. 281.025. RECORD OF BOARD MEETING. (a) The board shall require the secretary to keep a suitable record of each board meeting.
(b) The presiding member shall read and sign the record after the meeting, and the secretary shall attest to the record.
Sec. 281.026. ADMINISTRATOR; DUTIES. (a) The board shall appoint a person qualified by training and experience as the administrator for the district.
(b) The administrator serves at the will of the board and for terms of not more than four years.
(c) The administrator is entitled to compensation as determined by the board.
(d) Before assuming duties, the administrator shall execute a bond payable to the district in the amount of not less than $10,000, conditioned on the faithful performance of the administrator's duties and any other requirements determined by the board.
(e) Subject to the limitations prescribed by the board, the administrator shall:
(1) perform duties required by the board;
(2) supervise the work and activities of the district; and
(3) generally direct the affairs of the district.
Acts 2005, 79th Leg., Ch. 424 (S.B. 1769), Sec. 1, eff. June 17, 2005.
Sec. 281.027. ASSISTANT ADMINISTRATOR. (a) If the administrator is incapacitated, absent, or unable to perform the administrator's duties, the board may designate an assistant administrator to perform any of the administrator's powers or duties, subject to limitations prescribed by board order.
(b) The assistant administrator or other persons shall execute a bond as required by board order.
Sec. 281.028. STAFF. (a) The board may appoint doctors to the district's staff and hire technicians, nurses, and other employees the board considers advisable for the district's efficient operation.
(b) An employment contract of a person appointed or hired under this section may not exceed four years.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 110, Sec. 1, eff. Aug. 26, 1991.
Sec. 281.0281. EMPLOYMENT OF HEALTH CARE PROVIDERS. (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(b) The board, as it considers necessary for the efficient operation of the district, may employ:
(1) physicians as provided in this section and Sections 162.001(c-4) and (c-5), Occupations Code; and
(2) dentists or other health care providers.
(c) The board may employ a licensed physician as a medical director if the physician:
(1) provides only policy, administrative, and managerial services; and
(2) does not provide direct patient care or otherwise practice medicine, as defined by Section 151.002, Occupations Code, at or for the district.
(d) This section does not authorize the board to supervise or control the practice of medicine or permit the unauthorized practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
Sec. 281.0282. DALLAS COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF HEALTH CARE PROVIDERS AND PHYSICIANS. (a) The board of the Dallas County Hospital District may appoint, contract for, or employ physicians, dentists, and other health care providers as the board considers necessary for the efficient operation of the district.
(b) The term of an employment contract entered into under this section may not exceed four years.
(c) This section may not be construed as authorizing the board of the Dallas County Hospital District to supervise or control the practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
(d) The authority granted to the board of the Dallas County Hospital District under Subsection (a) to employ physicians shall apply only as necessary for the district to fulfill the district's statutory mandate to provide medical and dental care for the indigent and needy residents of the district as provided by Section 281.046.
(e) The Dallas County Hospital District shall establish a committee consisting of at least five actively practicing physicians who provide care in the district. The committee shall approve existing policies or adopt new policies, if no policies exist, to ensure that a physician who is employed by the district is exercising the physician's independent medical judgment in providing care to patients.
(f) The chair of the committee must be a member of the executive committee of the Dallas County Hospital District's medical staff.
(g) The policies adopted or approved by the committee shall include policies relating to credentialing, quality assurance, utilization review, peer review, medical decision-making, governance of the committee, and due process.
(h) Each member of a committee shall provide biennially to the chief medical officer of the Dallas County Hospital District a signed, verified statement indicating that the committee member:
(1) is licensed by the Texas Medical Board;
(2) will exercise independent medical judgment in all committee matters, including matters relating to credentialing, quality assurance, utilization review, peer review, medical decision-making, and due process;
(3) will exercise the committee member's best efforts to ensure compliance with the Dallas County Hospital District's policies that are adopted or established by the committee; and
(4) will report immediately to the Texas Medical Board any action or event that the committee member reasonably and in good faith believes constitutes a compromise of the independent medical judgment of a physician in caring for a patient.
(i) The committee shall adopt rules requiring the disclosure of financial conflicts of interest by a committee member.
(j) For all matters relating to the practice of medicine, each physician employed by the board shall ultimately report to the chief medical officer of the Dallas County Hospital District.
Added by Acts 2009, 81st Leg., R.S., Ch. 823 (S.B. 1705), Sec. 1, eff. June 19, 2009.
Sec. 281.0283. HARRIS COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF PHYSICIANS. (a) The board of the Harris County Hospital District may appoint, contract for, or employ physicians as the board considers necessary for the efficient operation of the district.
(c) This section may not be construed as authorizing the board of the Harris County Hospital District to supervise or control the practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
(d) The authority granted to the board of the Harris County Hospital District under Subsection (a) to employ physicians shall apply as necessary for the district to fulfill the district's statutory mandate to provide medical care for the indigent and needy residents of the district as provided by Section 281.046.
(e) The medical executive board of the Harris County Hospital District shall adopt, maintain, and enforce policies to ensure that a physician employed by the district exercises the physician's independent medical judgment in providing care to patients.
(f) The policies adopted by the medical executive board under this section must include:
(1) policies relating to:
(A) governance of the medical executive board;
(B) credentialing;
(C) quality assurance;
(D) utilization review;
(E) peer review;
(F) medical decision-making; and
(G) due process; and
(2) rules requiring the disclosure of financial conflicts of interest by a member of the medical executive board.
(g) The medical executive board and the board of the Harris County Hospital District shall jointly develop and implement a conflict management process to resolve any conflict between a policy adopted by the medical executive board under this section and a policy of the Harris County Hospital District.
(h) A member of the medical executive board who is a physician shall provide biennially to the chair of the medical executive board a signed, verified statement indicating that the board member:
(2) will exercise independent medical judgment in all medical executive board matters, including matters relating to:
(A) credentialing;
(B) quality assurance;
(C) utilization review;
(D) peer review;
(E) medical decision-making; and
(F) due process;
(3) will exercise the board member's best efforts to ensure compliance with the policies that are adopted or established by the medical executive board; and
(4) will report immediately to the Texas Medical Board any action or event that the board member reasonably and in good faith believes constitutes a compromise of the independent medical judgment of a physician in caring for a patient.
(i) For all matters relating to the practice of medicine, each physician employed by the Harris County Hospital District shall ultimately report to the chair of the medical executive board for the district.
Sec. 281.0284. BEXAR COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF PHYSICIANS. (a) The board of the Bexar County Hospital District may employ physicians as the board considers necessary for the efficient operation of the district.
(b) A physician employed by the Bexar County Hospital District under this section must practice with a nonprofit health organization certified by the Texas Medical Board and created by the Bexar County Hospital District.
(c) The term of an employment contract entered into under this section may not exceed four years.
(d) This section may not be construed as authorizing the board of the Bexar County Hospital District to supervise or control the practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
Redesignated from Health and Safety Code, Section 281.0283 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(26), eff. September 1, 2013.
Sec. 281.0285. EL PASO COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF PHYSICIANS, DENTISTS, AND OTHER HEALTH CARE PROVIDERS. (a) The board of the El Paso County Hospital District may appoint, contract for, or employ physicians, dentists, and other health care providers as the board considers necessary for the efficient operation of the district.
(c) This section may not be construed as authorizing the board of the El Paso County Hospital District to supervise or control the practice of medicine as prohibited by Subtitle B, Title 3, Occupations Code, or to supervise or control the practice of dentistry as prohibited by Subtitle D, Title 3, Occupations Code.
(d) The authority granted to the board of the El Paso County Hospital District under Subsection (a) to employ physicians shall apply as necessary for the district to fulfill the district's statutory mandate to provide medical care for the indigent and needy residents of the district as provided by Section 281.046.
(e) The medical executive committee of the El Paso County Hospital District, in accordance with the bylaws adopted by the board of the El Paso County Hospital District, shall adopt, maintain, and enforce policies to ensure that a physician employed by the district exercises the physician's independent medical judgment in providing care to patients.
(f) The policies adopted by the medical executive committee under this section must include:
(A) governance of the medical executive committee;
(2) rules requiring the disclosure of financial conflicts of interest by a member of the medical executive committee.
(g) The medical executive committee and the board of the El Paso County Hospital District shall jointly develop and implement a conflict management process to resolve any conflict between the policies adopted under this section and a policy of the El Paso County Hospital District.
(h) A member of the medical executive committee who is a physician shall provide biennially to the chair of the medical executive committee a signed, verified statement indicating that the committee member:
(2) will exercise independent medical judgment in all medical executive committee matters, including matters relating to:
(3) will exercise the committee member's best efforts to ensure compliance with the policies that are adopted or established by the medical executive committee; and
(i) For all matters relating to the practice of medicine, each physician employed by the El Paso County Hospital District shall ultimately report to the chair of the medical executive committee for the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 417 (S.B. 860), Sec. 1, eff. June 17, 2011.
Sec. 281.0286. TARRANT COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF PHYSICIANS. (a) The board of the Tarrant County Hospital District may appoint, contract for, or employ physicians as the board considers necessary for the efficient operation of the district.
(c) This section may not be construed as authorizing the board of the Tarrant County Hospital District to supervise or control the practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
(d) The authority granted to the board of the Tarrant County Hospital District under Subsection (a) to employ physicians shall apply as necessary for the district to fulfill the district's statutory mandate to provide medical care for the indigent and needy residents of the district as provided by Section 281.046.
(e) The medical executive committee of the Tarrant County Hospital District shall adopt, maintain, and enforce policies to ensure that a physician employed by the district exercises the physician's independent medical judgment in providing care to patients.
(g) The medical executive committee and the board of the Tarrant County Hospital District shall jointly develop and implement a conflict management process to resolve any conflict between a policy adopted by the medical executive committee under this section and a policy of the Tarrant County Hospital District.
(h) A member of the medical executive committee who is a physician shall provide biennially to the chair of the medical executive committee a signed, verified statement indicating that the member of the medical executive committee:
(i) For all matters relating to the practice of medicine, each physician employed by the Tarrant County Hospital District shall ultimately report to the chair of the medical executive committee for the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1320 (S.B. 303), Sec. 3, eff. September 1, 2011.
Sec. 281.029. RETIREMENT PROGRAMS. (a) With the approval of the commissioners court, the board may contract with the state or the federal government as necessary to establish or continue a retirement program for the benefit of district employees.
(b) In addition to the retirement programs authorized by Subsection (a), the board may establish a retirement program the board considers necessary and advisable for the benefit of district employees.
Sec. 281.030. SEAL. The board shall have a seal engraved with the district's name. The seal shall be kept by the secretary and used to authenticate the board's acts.
Sec. 281.031. REMOVAL OF BOARD MEMBER. (a) A member of the board of hospital managers of the El Paso County Hospital District is considered to have resigned the member's position if the member:
(1) is absent from all the regularly scheduled board and committee meetings that the member is eligible to attend during a 90-day period;
(2) is absent from more than half of the regularly scheduled board and committee meetings that the member is eligible to attend during a 12-month period;
(3) fails to pay a local tax, including an ad valorem tax, when due; or
(4) would be ineligible to serve on the board as provided by Section 281.0222.
(b) A resignation under Subsection (a) is effective immediately on the date the absence, disqualifying conduct, or ineligibility specified by Subsection (a) occurs or exists.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 281.041. TRANSFER OF COUNTY AND MUNICIPAL HOSPITAL PROPERTY AND FUNDS. (a) Except as provided by Subsection (e), on the creation of a district under this chapter and the appointment and qualification of the district board, the county owning the hospital or hospital system, the county and municipality jointly operating a hospital or hospital system, or the municipality owning a hospital or hospital system shall execute and deliver to the district board a written instrument conveying to the district the title to land, buildings, and equipment jointly or separately owned by the county and municipality and used to provide medical services or hospital care, including geriatric care, to indigent or needy persons of the county or municipality.
(b) On the creation of a district under this chapter and the appointment and qualification of the district board, the county owning the hospital or hospital system, the county and municipality jointly operating a hospital or hospital system, or the municipality owning a hospital or hospital system shall, on the receipt of a certificate executed by the board's chairman stating that a depository for the district has been chosen and qualified, transfer to the district:
(1) all joint or separate county and municipal funds that are the proceeds of any bonds assumed by the district under Section 281.044; and
(2) all unexpended joint or separate county and municipal funds that have been established or appropriated by the county or municipality to support and maintain the hospital facilities for the year in which the district is created, to be used by the district to operate and maintain those facilities for the remainder of the year.
(c) Funds transferred to the district under this section may be used only for a purpose for which the county or the municipality that transferred the funds could lawfully have used the funds if the funds had remained the property and funds of the county or municipality.
(d) On the creation of the district, the board of managers of the county or municipal hospital system shall continue to manage and control the property and affairs of that system until the board of the district is appointed and organized. At that time, the county or municipal board of managers shall transfer to the district board all county and municipal hospital system records, property, and affairs and shall cease to exist.
(e) A county or municipality transferring property or funds under this section is not required to transfer to the district:
(1) a medical facility used primarily for the treatment of inmates of a jail or any other correctional facilities, including juvenile justice facilities;
(2) property owned by the municipality that is used in connection with the provision of utility services, including electricity, water, wastewater, and sewer services;
(3) any real property or other assets related to a medical clinic facility on which construction has begun, but has not been completed, by the date on which the board members have been appointed and qualified to serve;
(4) a building and related land owned by the county or municipality that are used for purposes related or unrelated to the hospital or hospital system, except that:
(A) if the county or municipality retains ownership of the building and related land, the county or municipality shall lease the space used for hospital or hospital system purposes to the district for an initial term of three years unless a shorter term is otherwise agreed to by the district and the transferring entity; or
(B) if the county or municipality transfers the building and related land to the district, the district shall lease to the transferring entity the space not used for hospital or hospital system purposes for an initial term of three years unless a shorter term is otherwise agreed to by the district and the transferring entity;
(5) any or all of the public health services and related facilities of the county or municipality, other than a hospital or hospital district, unless the transfer of the public health services or a related facility to the district is mutually agreed to by the district and the transferring entity; or
(6) an ambulance service, emergency medical service, search and rescue service, or medical transport service that is owned or operated by the county or municipality, unless the transfer of all or part of the service and related buildings and equipment to the district is mutually agreed to by the district and the transferring entity.
(f) A transfer of an asset under this section, including a federally qualified health center, that would violate federal or state law unless a waiver or other authorization or approval is granted by a federal or state agency may not occur until the required waiver, authorization, or approval is obtained. A facility designated as a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B), as amended, may not be transferred to the district until the district board has confirmed that the transfer will not jeopardize the federal designation of that facility.
Sec. 281.042. RETURN OF TRANSFERRED PROPERTY TO COUNTY OR MUNICIPALITY. (a) The board by deed may transfer to the county or a municipality any property that:
(1) was transferred to the district by that county or municipality under Section 281.041; and
(2) the board considers is not and will not be useful for the purposes for which the property was originally transferred to the district.
(b) The transfer may be made on terms determined suitable by the board and the commissioners court.
Sec. 281.043. ASSUMPTION OF CONTRACT OBLIGATIONS. On the creation of the district, the district assumes, without prejudice to the rights of third parties, any outstanding contract obligations legally incurred by the county or municipality, or both, for the construction, support, maintenance, or operation of hospital facilities and the provision of health care services or hospital care, including mental health care, to indigent residents of the county or municipality before the creation of the district.
Sec. 281.044. ASSUMPTION OF BONDED INDEBTEDNESS; CANCELLATION OF UNSOLD MUNICIPAL OR COUNTY BONDS. (a) On the creation of the district, the district assumes:
(1) any outstanding bonded indebtedness incurred by the county or municipality, or both, in the acquisition of land, buildings, and equipment transferred to the district or in the construction and equipping of hospital facilities; and
(2) any other outstanding bonds issued by the county or municipality for hospital purposes, the proceeds of which are in whole or in part unexpended.
(b) On the creation of the district, the county or a municipality in the district that issued bonds for hospital purposes is no longer liable for the payment of the bonds or for providing interest and sinking fund requirements on those bonds.
(c) This section does not limit or affect the rights of a bondholder against the county or municipality if there is a default in payment of the principal or interest on the bonds in accordance with their terms.
(d) If the issuance of bonds by the county or municipality, or both, to provide hospital facilities was approved at a bond election but the bonds have not been sold on the date on which the hospital district is created under this chapter, the bond authority is canceled and the county or municipality, or both, may not sell the bonds.
Sec. 281.045. LIMITATION ON TAXING POWER BY GOVERNMENTAL ENTITY; DISPOSITION OF DELINQUENT TAXES. (a) On or after the creation of the district, the county or a municipality located in the district may not levy taxes for hospital purposes.
(b) The county or a municipality located in the district that collects delinquent taxes owed to the county or municipality on levies for county and municipal hospital systems under Chapter 265 shall pay the amount of the collected delinquent taxes to the district, and the district shall apply that money to the purposes for which the taxes were originally levied.
Sec. 281.046. DISTRICT RESPONSIBILITY FOR MEDICAL AID AND HOSPITAL CARE. Beginning on the date on which taxes are collected for the district, the district assumes full responsibility for furnishing medical and hospital care for indigent and needy persons residing in the district.
Sec. 281.0465. NURSING SERVICES FOR SCHOOL DISTRICTS. A hospital district may contract with a school district included in the hospital district to provide nursing services and assistance to employees or students of the school district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 38, eff. May 30, 1995.
Sec. 281.047. MANAGEMENT, CONTROL, AND ADMINISTRATION. The board shall manage, control, and administer the hospital or hospital system of the district.
Sec. 281.0475. RENAMING DISTRICT. (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(b) With the approval of the commissioners court, the board may rename the district.
Added by Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 10, eff. September 1, 2005.
Sec. 281.048. DISTRICT RULES. The board may adopt rules governing the operation of the hospital or hospital system.
Sec. 281.049. PURCHASING AND ACCOUNTING METHODS AND PROCEDURES. (a) The commissioners court may prescribe:
(1) the method of making purchases and expenditures by and for the district; and
(2) accounting and control procedures for the district.
(b) The commissioners court by resolution or order may delegate its powers under Subsection (a) to the board.
(c) A county officer, employee, or agent shall perform any function or service required by the commissioners court under this section.
(d) The district shall pay salaries and expenses necessarily incurred by the county or by a county officer or agent in performing a duty prescribed or required under this section.
Sec. 281.050. POWERS RELATING TO DISTRICT PROPERTY, FACILITIES, AND EQUIPMENT. (a) With the approval of the commissioners court, the board may construct, condemn, acquire, lease, add to, maintain, operate, develop, regulate, sell, exchange, and convey any property, property right, equipment, hospital facility, or system to maintain a hospital, building, or other facility or to provide a service required by the district. Approval of the commissioners court shall be required for the sale or lease of a hospital facility regardless of the provisions of Section 285.051.
(b) Notwithstanding any other law, the board may, with the approval of the commissioners court, enter into a lease, including a lease with an option to purchase, an installment purchase agreement, an installment sale agreement, or any other type of agreement that relates to real property considered appropriate by the board to provide for the development, improvement, acquisition, or management of developed or undeveloped real property designed to generate revenue for the financial benefit of the district. The board, directly or through a nonprofit corporation, may contract or enter into a joint venture with a public or private entity as necessary to enter into an agreement under this subsection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 137, Sec. 1, eff. Sept. 1, 1997.
Acts 2009, 81st Leg., R.S., Ch. 535 (S.B. 1478), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 104 (H.B. 2559), Sec. 1, eff. May 23, 2015.
Sec. 281.051. CONTRACTING AUTHORITY. (a) With the approval of the commissioners court, the board may, in performing its powers under Section 281.050, contract or cooperate with:
(1) the federal government;
(2) this state;
(3) another governmental entity; or
(4) a privately owned or operated hospital.
(b) With the approval of the commissioners court, the board may contract with:
(1) a county for care and treatment of the county's sick, diseased, or injured persons; and
(2) this state or the federal government for care and treatment of sick, diseased, or injured persons for whom the state or federal government is responsible.
(c) The board shall encourage and promote participation by all sectors of the business community, including small businesses and businesses owned by members of a minority group or by women, in the process by which the district enters into contracts. The board shall develop a plan for the district to identify and remove barriers that do not have a definite or objective relationship to quality or competence and that unfairly discriminate against small businesses and businesses owned by members of a minority or by women. These barriers may include contracting procedures and contract specifications or conditions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 996, Sec. 1, eff. Aug. 30, 1993; Acts 1997, 75th Leg., ch. 137, Sec. 2, eff. Sept. 1, 1997.
Sec. 281.0511. CONTRACTING AUTHORITY OF CERTAIN DISTRICTS; LEASE OF PROPERTY OR HOSPITAL FACILITIES. (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(b) Notwithstanding Sections 281.050 and 281.051, the board may contract with any person, including a private or public entity or a political subdivision of this state, to provide or assist in the provision of services.
(c) Notwithstanding Section 281.050, the board may lease any property or hospital facility without the approval of the commissioners court. The board may enter into a lease under this subsection only after an open meeting in accordance with Chapter 551, Government Code, including Section 551.072, Government Code.
(d) Notwithstanding any other law, the board may, with the approval of the commissioners court at a meeting subject to Chapter 551, Government Code, lease undeveloped or vacant real property for not more than 99 years to provide for the development and construction of facilities designed to generate revenue for the financial benefit of the district. The board, directly or through a nonprofit corporation, may contract or enter into a joint venture with a public or private entity as necessary to enter into a lease under this subsection.
Acts 2011, 82nd Leg., R.S., Ch. 917 (S.B. 1352), Sec. 1, eff. June 17, 2011.
Sec. 281.0512. CONTRACT TO PROVIDE ADMINISTRATIVE FUNCTIONS AND SERVICES. (a) This section applies only to a federally qualified health center as defined by 42 U.S.C. Section 1396d(l)(2)(B) or a federally qualified health center look-alike organized and operated under the authority of and in compliance with 42 U.S.C. Section 254b that is substantially devoted to providing services to socially and economically disadvantaged individuals in the geographical area of the district.
(b) The board may contract with a federally qualified health center or a federally qualified health center look-alike to perform for the center administrative functions and services that the district and the center may perform independently.
Sec. 281.0514. HARRIS COUNTY HOSPITAL DISTRICT; CONTRACT WITH CERTAIN HOSPITALS. (a) The Harris County Hospital District may contract for indigent health care services with at least one hospital that is:
(1) located in the district;
(2) exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, and its subsequent amendments, by being listed as an exempt entity under any subdivision of Section 501(c) of that code; and
(3) substantially devoted to providing hospital services to socially and economically disadvantaged individuals in the geographical area of the district.
(b) A contract under this section is subject to Section 281.051(a).
Added by Acts 1999, 76th Leg., ch. 1377, Sec. 1.24, eff. Sept. 1, 1999.
Sec. 281.0515. PROCEDURES FOR HEALTH MAINTENANCE ORGANIZATION. A district may establish a health maintenance organization in accordance with Chapter 843, Insurance Code, to provide or arrange for health care services for the residents of the district.
Added by Acts 1993, 73rd Leg., ch. 908, Sec. 2, eff. Aug. 30, 1993.
Sec. 281.0517. INTEGRATED HEALTH CARE SYSTEM. (a) In this section:
(1) "Integrated health care system" means a nonprofit corporation established and operated by a district and a medical school to provide or arrange for comprehensive health care services for residents of the district.
(2) "Provider" means a physician or a provider as defined under Section 843.002, Insurance Code.
(3) "Medical school" means a medical school governed by Chapter 110, Education Code.
(b) The El Paso County Hospital District and a medical school may establish and operate an integrated health care system.
(c) To provide or arrange for comprehensive health care services, an integrated health care system created under this section may:
(1) own, acquire, lease, or contract for all necessary assets;
(2) enter into contracts with providers for the provision of health care services directly or indirectly through subcontract;
(3) provide or enter into a contract with an individual or business entity under which the individual or entity provides necessary management or administrative services for the system and the system's providers;
(4) enter into a contract or other agreement with a business or governmental entity under which the system is paid to provide health care services; and
(5) enter into a fee-for-service, capitated, or risk-sharing health care service arrangement.
(d) An integrated health care system that recites in its articles of incorporation that it is created under this section is:
(1) subject to:
(A) Chapter 551, Government Code;
(B) Chapter 552, Government Code;
(C) Chapter 843, Insurance Code;
(D) Chapter 844, Insurance Code; and
(E) Chapter 262, Local Government Code; and
(2) a unit of local government for the purposes of Chapter 101, Civil Practice and Remedies Code.
(e) Notwithstanding Subsection (d)(1)(A), an integrated health care system created under this section may hold a closed meeting to deliberate:
(1) pricing or financial planning relating to a bid or negotiation for a contract to provide a service or product line, if an open meeting would have a detrimental effect on the position of the system in the bid or negotiation process; or
(2) a proposed new service or product line, if the meeting is held before public announcement of the service or product line.
(f) Notwithstanding Subsection (d)(1)(B), information relating to the following is confidential and not subject to disclosure:
(1) pricing or financial planning relating to a bid or negotiation for a contract to provide a service or product line, if disclosure would have a detrimental effect on the position of the integrated health care system in the bid or negotiation process; or
(2) a proposed new service or product line, if disclosure is requested before public announcement of the service or product line.
(g) Subject to the requirements and limitations of the local health care market, an integrated health care system created under this section shall make reasonable efforts to include in its provider group community providers other than the medical school and a hospital of the El Paso County Hospital District.
Added by Acts 1997, 75th Leg., ch. 947, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.528, 10A.529, eff. Sept. 1, 2003.
Sec. 281.0518. DALLAS COUNTY HOSPITAL DISTRICT; AUTHORITY TO SELL OR LICENSE INTELLECTUAL PROPERTY. (a) The Dallas County Hospital District or a nonprofit corporation formed by the district may:
(1) sell or license technology or intellectual property that is owned by or licensed to the district or a nonprofit corporation formed by the district;
(2) enter into a contract to provide services related to technology or intellectual property sold or licensed under Subdivision (1);
(3) contract, collaborate, or enter into a joint venture or other agreement with a public or private entity to engage in an activity authorized under Subdivision (1) or (2); or
(4) take any other action necessary to protect or benefit from the exclusivity of technology and intellectual property owned by or licensed to the district or a nonprofit corporation formed by the district, including applying for, acquiring, registering, securing, holding, protecting, and renewing under applicable provisions of state, federal, or international law:
(A) a patent;
(B) a copyright;
(C) a trademark, service mark, collective mark, or certification mark; or
(D) any other form of protection of intellectual property provided by law.
(a-1) For purposes of Subsection (a)(3):
(1) a public or private entity may be a for-profit or a nonprofit entity; and
(2) a nonprofit corporation formed by the district may hold an ownership interest in a public or private entity described by Subsection (a)(3).
(b) Information prepared or compiled by or for the Dallas County Hospital District or a nonprofit corporation formed by the district relating to the development of technology or intellectual property to which this section applies is exempt from public disclosure under Chapter 552, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1375 (S.B. 1916), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 363 (H.B. 2557), Sec. 1, eff. June 9, 2015.
Sec. 281.052. COUNTY AUTHORITY TO SELL, LEASE, AND PURCHASE FACILITIES FOR DISTRICT PURPOSES. (a) The commissioners court of a county in which a district is created under this chapter may sell real or personal property in order to enter into a contract to:
(1) lease or rent buildings, land, facilities, equipment, or services from others for district purposes;
(2) construct, repair, renovate, improve, or enlarge buildings, land, facilities, or equipment for district purposes; and
(3) pay regular monthly utility bills, including electricity, gas, and water bills, for the leased or rented buildings, land, facilities, equipment, or services.
(b) The commissioners court may pay for the facilities, equipment, and services and for the regular monthly utility bills for those facilities, equipment, and services from the county's general fund if a majority of the commissioners court considers the facilities, equipment, and services essential to the proper administration of the county.
(c) A construction project under this section shall be let by contract. The contract must contain the prevailing wage for mechanics, laborers, and other persons employed in the project. The Tarrant County Commissioners Court shall set the prevailing wage in the amount set by the commissioners court for all construction projects involving the expenditure of county funds.
(d) On or before the expiration of the lease or rental contract, the county may purchase the facilities with county general funds if a majority of the commissioners court considers the purchase price reasonable.
Sec. 281.053. DISTRICT INSPECTIONS. (a) The district may be inspected by a representative of the commissioners court or the Department of State Health Services.
(b) A district officer shall:
(1) admit an inspector into the district facilities; and
(2) on demand give the inspector access to records, reports, books, papers, and accounts related to the district.
Sec. 281.054. EMINENT DOMAIN. (a) The district has the power of eminent domain to acquire any interest in real, personal, or mixed property located in the district if the property interest is necessary or convenient for the exercise of the rights or authority conferred on the district by this chapter.
(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, but the district is not required to deposit with the trial court money or a bond as provided by Section 21.021(a), Property Code.
(c) In a condemnation proceeding brought by the district, the district is not required to:
(1) pay in advance or give bond or other security for costs in the trial court;
(2) give bond for the issuance of a temporary restraining order or a temporary injunction; or
(3) give bond for costs or supersedeas on an appeal or writ of error.
Sec. 281.055. GIFTS AND ENDOWMENTS. On behalf of the district, the board may accept gifts and endowments to be held in trust and administered by the board for the purposes and under the directions, limitations, or provisions prescribed in writing by the donor that are consistent with the proper management of the district.
Sec. 281.056. AUTHORITY TO SUE AND BE SUED; LEGAL REPRESENTATION. (a) The board may sue and be sued. A health care liability claim, as defined by Section 74.001, Civil Practice and Remedies Code, may be brought against the district only in the county in which the district is established.
(b) Except as provided by Subsection (b-1), a district may employ or contract with private legal counsel to represent the district on any legal matter. If the district does not employ or contract with private legal counsel on a legal matter, the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall represent the district.
(b-1) The county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters shall, in all legal matters, represent a district located in:
(1) a county with a population of 800,000 or more that borders the United Mexican States;
(2) a county with a population of 3.4 million or more; or
(3) a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(c) A board that receives legal services from a county attorney, district attorney, or criminal district attorney may employ additional private legal counsel when the board determines that additional counsel is advisable. A board that contracts or employs private legal counsel under Subsection (b) may request and receive additional legal services from the county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent the county in civil matters when the board determines that additional counsel is necessary.
(d) If the district receives legal services from a county attorney, district attorney, or criminal district attorney, the district shall contribute sufficient funds to the general fund of the county for the account of the budget of the county attorney, district attorney, or criminal district attorney, as appropriate, to pay all additional salaries and expenses incurred by that officer in performing the duties required by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 3.08, eff. Sept. 1, 2003.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 11, eff. September 1, 2005.
Sec. 281.0565. CHARITABLE ORGANIZATIONS. (a) In this section, "charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 by being listed as an exempt organization in Section 501(c)(3) or 501(c)(4) of the code.
(b) A district may create a charitable organization to facilitate the management of a district health care program by providing or arranging health care services, developing resources for health care services, or providing ancillary support services for the district.
(c) A charitable organization created by a district under this section is a unit of local government only for purposes of Chapter 101, Civil Practice and Remedies Code.
(d) A district may make a capital or other financial contribution to a charitable organization created by the district to provide regional administration and delivery of health care services to or for the district.
(e) A charitable organization created by a district under this section may contract, collaborate, or enter into a joint venture or other agreement with a public or private entity, without regard to that entity's for-profit or nonprofit status, and may hold an ownership interest in such an entity.
(f) A charitable organization created by a district under this section remains subject to the laws of this state and the United States that govern charitable organizations. Nothing in this section may be construed as abrogating or modifying any other provision of law governing charitable organizations.
Sec. 281.057. EMPLOYMENT OF DISTRICT PEACE OFFICERS. (a) The board of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District may employ and commission peace officers for the district.
(b) The jurisdiction of a peace officer commissioned under this section includes the property owned or controlled by the district that employs the peace officer and any street abutting, right-of-way over or through, or easement in the property.
(c) In a district peace officer's jurisdiction, the peace officer has the authority granted by Chapter 14, Code of Criminal Procedure. The peace officer may also make an arrest without a warrant in the officer's jurisdiction if the offense involves injury or harm to any property owned or controlled by the district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 853, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 888, Sec. 1, eff. June 20, 2003.
Acts 2011, 82nd Leg., R.S., Ch. 402 (S.B. 601), Sec. 1, eff. June 17, 2011.
Sec. 281.058. AUTHORITY TO FORM CAPTIVE INSURANCE OR CAPTIVE MANAGEMENT COMPANY. (a) In this section, "captive insurance company" and "captive management company" have the meanings assigned to those terms by Section 964.001, Insurance Code.
(b) A district, a combination of districts, or a nonprofit corporation formed by a district or a combination of districts to further the purposes of the district or districts, as appropriate, may form a captive insurance company or a captive management company in accordance with the provisions of Chapter 964, Insurance Code, for the purpose of engaging in the business of insurance under that chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 363 (H.B. 2557), Sec. 3, eff. June 9, 2015.
Sec. 281.059. DALLAS COUNTY HOSPITAL DISTRICT; BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY. (a) In this section:
(1) "Broker" means a person licensed as a broker under Chapter 1101, Occupations Code.
(2) "District" means the Dallas County Hospital District.
(b) Except as provided by Subsection (c), the Dallas County Hospital District may contract with a broker to lease or sell a tract of real property that is owned by the district.
(c) The district may not contract with a broker who is related within the third degree of consanguinity, as determined under Chapter 573, Government Code, to:
(1) a member of the board of hospital managers of the district; or
(2) a public official who serves on the Dallas County Commissioners Court.
(d) The district may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property.
(e) If a contract made under Subsection (b) requires a broker to list the tract of real property for sale for at least 30 days with a multiple-listing service used by other brokers in the county in which the real property is located, the district, on or after the 30th day after the date the property is listed, may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker, including a broker described by Subsection (c), using the multiple-listing service and who submits the most advantageous offer.
(f) The district must post a notice of intent to sell the real property in a newspaper of general circulation, not less than once, at least 14 days before the date the district accepts an offer produced by a broker.
(g) The district may sell a tract of real property under this section without complying with the requirements of Section 272.001, Local Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 1066 (H.B. 3178), Sec. 1, eff. June 15, 2017.
SUBCHAPTER D. MEDICAL TREATMENT AND CARE
Sec. 281.071. PAYMENT AND SUPPORT. (a) The administrator shall inquire into a patient's circumstances and the circumstances of the patient's relatives legally responsible for the patient's support if the patient is admitted to district facilities from the county in which the hospital is located. If the administrator finds that the patient or the patient's relatives are liable for the patient's care and treatment in whole or in part, the administrator shall issue an order directing the patient or the patient's relatives to pay to the district treasurer a specified amount each week in proportion to the financial ability of the patient or the patient's relatives to pay.
(b) A patient or the patient's relatives may not be required to pay an amount greater than the actual per capita cost of maintenance.
(c) An administrator may collect an amount owed under this section from the estate of a patient, or the relatives legally responsible for the patient's support, in the manner provided by law for the collection of expenses of the last illness of a deceased person.
(d) If the administrator finds that the patient and the patient's relatives are not able to pay in whole or in part, the district shall without charge supply the care and treatment to the patient.
(e) A county court of the county in which a patient's hospital is located shall hear and determine the ability of the patient or the patient's relatives to pay under this section if there is a dispute over this ability or if there is doubt in the mind of the administrator over this ability. The court shall hear witnesses and issue any order that may be proper.
(f) An appeal from an order of the county court must be made to a district court in the county in which the district is located.
Sec. 281.072. REIMBURSEMENT FOR SERVICES. The board shall require reimbursement from a county, municipality, or public hospital located outside the boundaries of the district for the district's care and treatment of a sick, diseased, or injured person of that county, municipality, or public hospital as provided by Chapter 61 (Indigent Health Care and Treatment Act).
Sec. 281.073. DISPOSITION OF DISTRICT RECORDS. (a) The preservation, microfilming, destruction, or other disposition of the records of a district is subject to Subtitle C, Title 6, Local Government Code.
(b) The period that medical records are retained shall be in accordance with rules relating to the retention of medical records adopted by the executive commissioner and with other applicable federal and state laws and rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 118, eff. Sept. 1, 1991.
SUBCHAPTER E. DISTRICT FINANCES
Sec. 281.091. BUDGET. (a) The administrator shall prepare an annual budget under the board's direction.
(b) The budget and budget revisions must be approved by the board and then shall be presented to the commissioners court for final approval.
Sec. 281.092. ADMINISTRATOR'S REPORT. (a) As soon as practicable after the close of the fiscal year, the administrator shall make a report to the board, commissioners court, executive commissioner, and comptroller.
(b) The report must:
(1) consist of a sworn statement of all money and choses in action received by the administrator and their disposition; and
(2) show in detail the operations of the district for the fiscal year.
Sec. 281.093. DEPOSITORY. (a) Not later than the 30th day after the appointment of the board, the board shall:
(1) select a depository for district funds in the manner provided by law for the selection of a county depository; or
(2) elect to use the depository previously selected by the county.
(b) If the board selects a depository in accordance with Subsection (a)(1), the depository shall serve as the district depository for four years and until its successor is selected and qualified.
(c) The board may extend any contract with a depository to the next October and then select a depository for the following four years.
(d) All income of the district shall be deposited in the district depository.
(e) Warrants against district funds do not require the county clerk's signature.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 246, Sec. 1, eff. Aug. 30, 1993.
Sec. 281.094. USE OF CERTAIN FUNDS BY THE NUECES COUNTY HOSPITAL DISTRICT. (a) With the approval of the Nueces County Commissioners Court, the board of the Nueces County Hospital District may use funds made available to the district from sources other than a tax levy to fund health care services, including public health services, mental health and mental retardation services, emergency medical services, health services provided to persons confined in jail facilities, and for other health related purposes.
(b) The board of the Nueces County Hospital District may use funds made available to the district from any source to fund:
(1) indigent health care; and
(2) intergovernmental transfers from the district to the state for use as the nonfederal share of Medicaid supplemental payment program or waiver program payments for eligible health care providers located inside or outside the district's boundaries, including, but not limited to, any payments available through a waiver granted under Section 1115, Social Security Act (42 U.S.C. Section 1315), or other similar payment programs, subject to the limitation prescribed by Subsection (c).
(c) Neither the funds comprising an intergovernmental transfer described by Subsection (b)(2) nor any federal funds obtained from any such transfer may be used by the board of the Nueces County Hospital District or any entity to expand eligibility for medical assistance (Medicaid) under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152).
Added by Acts 1999, 76th Leg., ch. 1133, Sec. 1, eff. June 18, 1999.
Acts 2013, 83rd Leg., R.S., Ch. 1373 (S.B. 1863), Sec. 1, eff. June 14, 2013.
Sec. 281.095. PROHIBITION AGAINST PARTICIPATION IN TAX INCREMENT FINANCING BY CERTAIN HOSPITAL DISTRICTS. (a) In this section, "district" means Bexar County Hospital District, Nueces County Hospital District, El Paso County Hospital District, or Harris County Hospital District.
(b) The district may not enter into a contract or agreement to pay into a tax increment fund any of the district's tax increment produced from property located in a reinvestment zone under Chapter 311, Tax Code. This subsection does not affect the validity of an agreement entered into by the district before September 1, 2001, to pay a portion of the district's tax increment into a tax increment fund under Chapter 311, Tax Code.
(c) The proceeds of a tax imposed under Section 281.121 may not be used to make a payment into a tax increment fund under Chapter 311, Tax Code, if that payment is prohibited by this section.
(d) A project plan or reinvestment zone financing plan approved under Section 311.011, Tax Code, on or after September 1, 2001, may not include any of the district's tax increment or any other funds derived from the district as a source of revenue to finance or pay project costs.
(e) A project plan or reinvestment zone financing plan approved under Section 311.011, Tax Code, before September 1, 2001, may not be amended on or after September 1, 2001, to:
(1) increase the percentage of the district's tax increment to be contributed to a tax increment fund;
(2) increase the time during which the district is to contribute any of the district's tax increment to a tax increment fund;
(3) allow or require the district, if it was not included in the originally approved project plan or reinvestment zone financing plan, to contribute any of the district's tax increment or other money to a tax increment fund; or
(4) allow the district to pay into a tax increment fund any of the district's tax increment derived from property added to the reinvestment zone on or after September 1, 2001.
(f) An agreement entered into by the district under Section 311.013(f), Tax Code, before September 1, 2001, may not be amended on or after September 1, 2001, to include any of the conditions prohibited by Subsection (e).
Sec. 281.096. AUTHORITY TO TAKE ACTIONS RELATING TO AD VALOREM TAXES. (a) With respect to the imposition or collection of an ad valorem tax imposed for the benefit of a hospital district, the commissioners court of the county in which the district is located has the authority assigned by law to the governing body of the hospital district, including the authority to:
(1) adopt an exemption, partial exemption, or other form of relief from an ad valorem tax;
(2) elect to tax property that would otherwise be exempt from an ad valorem tax; and
(3) exercise a power granted to a taxing unit under Section 6.30, Tax Code.
(b) The board of a hospital district may not exercise a power granted by Subsection (a) to the commissioners court with respect to the imposition or collection of an ad valorem tax imposed for the benefit of the hospital district.
SUBCHAPTER F. DISTRICT BONDS AND CERTIFICATES OF OBLIGATION
Sec. 281.101. GENERAL OBLIGATION BONDS. The commissioners court, in the district's name and on the district's faith and credit, may issue and sell bonds to acquire, construct, equip, or enlarge the hospital or hospital system.
Sec. 281.102. BOND ELECTION. (a) The district may not issue bonds, excluding refunding bonds, unless the bonds are authorized by a majority of the qualified voters of the district voting at an election called and held for that purpose.
(b) The commissioners court may order a bond election on its own motion or on the board's request.
(c) The election must be:
(1) called and held in accordance with Chapter 1251, Government Code; and
(2) conducted in the same manner as other countywide elections.
(d) The district shall pay for the cost of the election and shall provide for payment before the commissioners court orders the election.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.261, eff. Sept. 1, 2001.
Sec. 281.103. REFUNDING BONDS. (a) Refunding bonds of the district may be issued to refund and pay any outstanding bonded indebtedness of the district, including assumed bonded indebtedness.
(b) The refunding bonds must be issued in the manner provided for other bonds of the district except that an election is not required.
(c) The refunding bonds may be:
(1) sold and the proceeds applied to the payment of outstanding bonds; or
(2) exchanged in whole or in part for not less than a similar principal amount of the outstanding bonds plus the unpaid, matured interest on those bonds.
(d) The average annual interest cost on the refunding bonds, computed in accordance with recognized standard bond interest cost tables, may not exceed the average annual interest cost so computed on the bonds to be discharged out of the proceeds of the refunding bonds, unless the total interest cost on the refunding bonds, computed to their respective maturity dates, is less than the total interest cost so computed on the bonds to be discharged out of those proceeds. In those computations, any premium required to be paid on the bonds to be refunded as a condition to payment in advance of their stated maturity dates shall be taken into account as an addition to the net interest cost to the district of the refunding bonds.
Sec. 281.104. EXECUTION OF BONDS. The county judge of the county in which the district is created shall execute the bonds in the name of the district, and the county clerk shall countersign the bonds.
Sec. 281.105. APPROVAL AND REGISTRATION OF BONDS. (a) District bonds are subject to the same requirements with regard to approval by the attorney general and registration by the comptroller as the law provides for approval and registration of bonds issued by the county.
(b) The attorney general's approval of district bonds has the same effect as that approval for other bonds issued by the county.
Sec. 281.106. AUTHORITY TO ISSUE CERTIFICATES OF OBLIGATION. With the approval of the commissioners court, the board may issue certificates of obligation in accordance with Subchapter C, Chapter 271, Local Government Code, for district purposes as authorized by this chapter.
The following section was amended by the 86th Legislature. Pending publication of the current statutes, see S.B. 2, 86th Legislature, Regular Session, for amendments affecting the following section.
Sec. 281.107. ALTERNATIVE FINANCING AND ELECTION PROCEDURES. (a) This section is applicable to any hospital district that was created pursuant to the authority granted by Section 4, Article IX, Texas Constitution, is operating under this chapter, and has previously held an election at which the voters approved the levy and assessment of an ad valorem tax at a rate not greater than 75 cents per $100 of assessed valuation of taxable property within the district.
(b) The commissioners court may, in the district's name, call, order, and hold an election and submit thereat the proposition and ballot prescribed in Subsections (c) and (d) if the district's board of managers:
(1) finds that capital funds are needed to acquire, construct, equip, and improve the district's hospital system;
(2) finds that financing such improvements through the issuance of combination tax and revenue bonds or other obligations is the best available method to provide the capital funds that are needed to furnish the highest quality of medical treatment and hospital care to persons residing in the district; and
(3) requests that the commissioners court call and hold an election under the alternative procedures authorized by this section.
(c) The official proposition submitted to the voters at an election held under this section shall include, at a minimum, the information included in the election order as prescribed by Subsection (e).
(d) The ballot shall be arranged in a manner that will permit the voters to vote for or against the following summary of the proposition:
"Authorizing (insert name of district) to (insert description of proposed district improvement) and to pledge (insert amount of combination tax and revenue bonds or other obligations) for the purpose of financing the proposed hospital district improvement project."
(e) The election order shall include:
(1) a statement of the maximum aggregate principal amount of bonds and obligations having maturities longer than five years that will be secured by the hospital system and tax revenues authorized by this section if approved by the voters at the election unless another election is held and the voters approve an increased amount; and
(2) a general description of the district's proposed financing and improvement plans, including:
(A) the expected uses of the proposed improvements to the hospital system according to the proposed plans;
(B) estimates of the costs of the proposed improvements, estimates of the amount of the expected revenues that will be received from the operation of the proposed improvements, and estimates of the amount of revenues, including tax revenues, that will be required to pay the long-term combination tax and revenue bonds and other obligations when due, based on the interest rate and other assumptions stated in the order; and
(C) any other matter deemed by the board of managers to be appropriate to inform the voters of the details of the proposed improvements to the district's hospital system and the financing plans.
(f) An election conducted pursuant to this section shall be conducted in accordance with the procedures provided in Section 281.102.
(g) If a majority of the votes received at the election favor the proposition submitted at the election, the commissioners court is authorized to issue and execute, on behalf and in the name of the district, combination tax and revenue bonds and other short-term and long-term obligations in the amounts and upon the terms recommended and at the times requested by the board of managers. If requested by the board of managers, the commissioners court may also, by order, extend or confirm the pledge to previously issued bonds and other obligations of the district.
(h) Bonds and other short-term or long-term obligations that are secured in the manner authorized by this section shall be payable from and secured by the revenues of the district's hospital system and from the ad valorem tax revenues of the district to the extent prescribed and agreed in the orders, resolutions, indentures, contracts, or other documents authorizing their issuance or execution. The district, through the commissioners court, shall annually levy, assess, and collect ad valorem taxes on taxable property in the district, within the limited tax rate previously authorized by the voters, when and as required by the proceedings authorizing the bonds and other obligations.
(i) Each district that utilizes the alternative procedures permitted by this section is authorized to enter into, execute, and deliver any of the credit agreements permitted by Chapter 1371, Government Code, and to secure them by pledging revenues and taxes to the same extent they are pledged to bonds or other short-term or long-term obligations in accordance with this section.
(j) The portion of the rate of ad valorem tax that is to be levied and assessed each year by or for the district that is allocated by the district to the payment of the principal of and the interest on bonds and other obligations or the maintenance of reserves therefor in accordance with this section shall be applied as a payment on current debt in calculating the current debt rate under the applicable tax rate rollback provisions of Chapter 26, Tax Code.
(k) The procedures authorized by this section are alternative to the provisions of Chapter 284 and the other sections of this chapter and are cumulative of and in addition to any powers granted to any district under those or any other laws.
Added by Acts 2003, 78th Leg., ch. 55, Sec. 1, eff. May 15, 2003.
Renumbered from Health and Safety Code, Section 281.106 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(48), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 371 (H.B. 1366), Sec. 1, eff. June 19, 2009.
SUBCHAPTER G. TAXES
Sec. 281.121. TAXES TO PAY BONDS AND CERTIFICATES OF OBLIGATION; TAX ASSESSMENT AND COLLECTION. (a) When the district issues bonds or certificates of obligation payable from and secured by taxes under this chapter, the commissioners court shall impose a tax for the benefit of the district on all property subject to district taxation. The commissioners court may impose the tax for the entire year in which the district is created in order to finance initial district operation and to pay bonds assumed by the district.
(b) The tax amount:
(1) must be sufficient to create an interest and sinking fund to pay the principal of and interest on the bonds as they mature; and
(2) may not exceed 75 cents on each $100 of the taxable value of property taxable by the district, or the rate authorized in the election to create the district.
(c) The proceeds of the tax may be used:
(1) to pay the interest on and create a sinking fund for bonds that may be assumed or issued by the district for hospital purposes in accordance with this chapter;
(2) to provide for the operation and maintenance of the hospital or hospital system;
(3) if requested by the board and approved by the commissioners court, to make further improvements and additions to the hospital system, including acquiring necessary sites by purchase, lease, or condemnation; and
(4) to pay for certificates of obligation issued under Section 281.106 that are payable from and secured by taxes.
(d) The county tax assessor-collector shall collect the tax.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 47, Sec. 3, 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 198, Sec. 2.2216, eff. Sept. 1, 2003.
Sec. 281.122. REDUCTION IN AD VALOREM TAX RATE BY GOVERNMENTAL ENTITY. (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(b) The commissioners court of the county and the governing body of the municipality with the largest population in the county, in determining the ad valorem tax rate of the county or municipality, as appropriate, for the first year in which the district imposes ad valorem taxes on property in the district, shall:
(1) take into account the decrease in the amount the county or municipality will spend for health care purposes in that year because the district is providing health care services previously provided or paid for by the county or municipality; and
(2) reduce the ad valorem tax rate adopted for the county or municipality, as appropriate, in accordance with the amount of the decrease.
(c) The commissioners court of the county and the governing body of the municipality with the largest population in the county shall retain an independent auditor to verify that the ad valorem tax rate of the county or municipality, as appropriate, has been reduced as required by Subsection (b).
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.217, eff. Sept. 1, 2003.
Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF ROLLBACK TAX RATE. (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the boundaries of a hospital district before September 1, 2003.
(b) The board may hold an election at which the registered voters of the district may approve a tax rate for the current tax year that exceeds the district's rollback tax rate for the year computed under Chapter 26, Tax Code, by a specific rate stated in dollars and cents per $100 of taxable value.
(c) An election under this section must be held at least 180 days before the date on which the district's tax rate is adopted by the board. At the election, the ballot shall be prepared to permit voting for or against the proposition: "Approving the ad valorem tax rate of $ (insert total proposed tax rate) per $100 valuation in (insert district name) for the (insert current tax year) tax year, a rate that exceeds the district's rollback tax rate. The proposed ad valorem tax rate exceeds the ad valorem tax rate most recently adopted by the district by $ (insert difference between proposed and preceding year's tax rates) per $100 valuation."
(d) If a majority of the votes cast in the election favor the proposition, the tax rate for the specified tax year is the rate approved by the voters, and that rate is not subject to a rollback election under Section 26.07, Tax Code. The board shall adopt the tax rate as provided by Chapter 26, Tax Code.
(e) If the proposition is not approved as provided by Subsection (c), the board may not adopt a tax rate for the district for the specified tax year that exceeds the rate that was not approved, and Section 26.07, Tax Code, applies to the adopted rate if that rate exceeds the rollback tax rate.
(f) Notwithstanding any other law, if a majority of the votes cast in the election favor the proposition, a governing body with approval authority over the district's budget or tax rate may not disapprove the tax rate approved by the voters or disapprove the budget based solely on the tax rate approved by the voters.
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2005 Gold Dust Tour
Stevie's buzzing
AT HOME in her beloved Santa Monica mansion, Stevie Nicks (pictured) is feeling the thrill of a returning songwriting buzz.
For the first time in more than 18 months, the 57-year-old sex siren of the shimmering ’70s has put pen to paper.
The new song is an ode to New Orleans, as yet untitled, but bound to wring a few more drops of emotion from that familiar Southern whipping post.
By Ritchie Yorke
Queensland Newspaper
“I’m in the middle of writing a happy song – not a sad song – about the plight of New Orleans.
“I have so many memories of New Orleans because we always play there.
“I’m not gonna write a really miserable song,” she ruefully declares. “I’m going to write a song about the New Orleans that was – and hopefully will come again.
“This is the first song that I’ve written in over 18 months. The last songs I wrote were the four tunes I wrote for the Say You Will project (2003). Since then I’ve written nothing.”
But she’s certainly had her eyes tightly focused on other balls, such as performing.
“Well yes. After we, Fleetwood Mac, left you guys in 2004, we went back to the States and did another four months of shows. Then I went into pre-production for myself and started out with four shows in Virginia in May.
“Then I did 10 shows with Don Henley and that was lots of fun. Then I followed up with 20 shows by myself and I’m into a little break time now. But we’re rehearsed and ready to go.”
Accompanying Nicks on her double header with John Farnham at the Entertainment Centre on February 20, will be a distinguished nine-man band under the direction of the redoubtable Waddy Wachtel.
Some observers might suggest that Wachtel’s talents alone are worth the price of admission. But that might cast unfair aspersions at the feet of two honest triers such as Nicks and Farnham.
“Waddy is my musical director and he plays guitar for me. He really doesn’t go out on the road with anyone else except me. He’s like my Keith Richards and I’m happy, frankly, that he’s not out doing everybody’s stuff. He stays in town, mainly working on film and TV projects,” she says, with just a touch of elitism.
“There’s parts of this band of mine that go way, way back.”
With an extensive punter-friendly repertoire that includes such gems as Bella Donna, Stop Draggin’ My Heart Around, Edge of Seventeen, White Wing Dove and Leather and Lace, Stevie operates from a pretty special place in the public psyche.
The Australian response to last year’s Fleetwood Mac-athon was a key reason driving Stevie’s desire to get back Down Under. But equally significant was a timely invitation from the tuned-in Melbourne Symphony Orchestra for Nicks t
o join them in a high profile union. She’s flown out to Australia this weekend to announce the symphony gig and to attend Tuesday’s big puntathon at Flemington.
If she seemed a tad flustered during our conversation, there was ample reason for it.
“My father passed away about six weeks ago. It was sad but it’s OK. He was in a lot of pain and needed to move on. But it put me into a bit of a different space.
“So I should remember to tell you that there’s a Best Of retrospective coming out to tie-in with the tour. But there won’t be any new tracks. When I came off the road six weeks ago, I just didn’t have the time to do some new recording. And anyway, I didn’t have any new material until I started writing this song about New Orleans.”
Stevie Nicks will perform with John Farnham at the Brisbane Entertainment Centre on February 20.
Stevie Nicks in concert (AU)
Gold Dust Tour ends in Las Vegas
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Welcome to the website for Stocksfield Parish Council, which includes the hamlets of Broomley, New Ridley, Old Ridley, Ridley Mill, Hindley, Apperley and Kipperlyn.
The aim of the Parish Council is to help ensure Stocksfield and the immediate area remain a pleasant and safe place to live, work and visit. The Parish Council helps provide the facilities you want to see in the area and, where possible, deals with local problems as they arise in partnership with local community organisations and with other public bodies, such as Northumberland County Council, Northumbria Police and other neighbouring parish councils.
The Parish Council meets every month (except August) in Stocksfield Community Centre and you are welcome to attend meetings. Agendas and minutes of meetings are published on this website and are posted on the Parish Council notice boards opposite the Railway Station and at Branch End.
The Council's name is inherited from the name of the Civil Parish it represents - originally 'Broomley and Stocksfield' in a time when both villages were very small and of similar composition. On 11 January 2019 the name of the Parish was officially changed to reflect developments in the area and changes in population over the years. Where you see reference to 'Broomley and Stocksfield Parish Council', whether in documents on this website or anywhere else, that is also a reference to Stocksfield Parish Council. In time new Ordnance Survey maps of the area will show the Civil Parish as 'Stocksfield'.
Northumberland Domestic Abuse Service
The Northumberland Domestic Abuse Service (NDAS) is an independent charity working in Northumberland
External audit and notice of your rights
The Parish Council is required by law to publish certain documents relating to the external audit procedure.
Make yourself heard - 999 silent option
Every day the police nationally receive thousands of accidental or hoax 999 calls. Differentiating a caller who
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512-320-0474 info@tcjl.com
TexasJudges.org
TCJLPAC.com
AG Paxton Commends U.S. District Court Ruling That Upholds Texas’ Time-Honored System of Statewide Judicial Elections
Sep 13, 2018 | Attorney General, Court Decisions, Judiciary, Lawsuits, Texas Courts of Appeals
by TCJL Staff | Sep 13, 2018 | Attorney General, Court Decisions, Judiciary, Lawsuits, Texas Courts of Appeals
Attorney General Ken Paxton today applauded a decision by the U.S. District Court in Corpus Christi upholding the well-established practice of statewide judicial elections for the Texas Supreme Court and Court of Criminal Appeals. The court ruled that the system fully complies with voting rights’ laws.“Texans have been choosing the courts’ highest appellate judges in statewide elections for 142 years, and this system supports the state’s interest in maintaining judicial accountability and independence,” Attorney General Paxton said. “The system was enshrined in the Texas Constitution in 1867 and allows every Texas voter to vote for every candidate seeking a seat on the state’s two highest courts.”A lawsuit against the state of Texas sought to divide the two highest courts into single-member judicial districts. But such a change would mean voters would only be able to vote for one seat on each high court instead of casting a ballot for all 18 seats. The court concluded that the plaintiffs that had standing “have not satisfied their burden to show that the voting methodology results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color.”View a copy of the U.S. District Court ruling here: https://bit.ly/2QjOpeF
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TCJL 2019 Session Report
The 86th Legislative Session began with a distinctly different tone than its predecessor. The November 2018 election registered voter dissatisfaction with an aggressively partisan approach that produced an overemphasis on social issues at the expense of addressing basic functions, primarily public education. The Lieutenant Governor narrowly won re-election, and if it hadn’t been for a special election in which a…
LT. GOV. Patrick Announces 2021 Redistricting Committee
AUSTIN – Lt. Gov. Dan Patrick announced his appointments to the 2021 Redistricting Committee today. Sen. Joan Huffman, R-Houston, will serve as Chair: “This critical committee is bipartisan and includes senators from every region of our state. Sen. Huffman is an exceptional and trusted leader in the Texas Senate and I am confident she and this committee will do the…
TCJL Files Amicus in Firearm Litigation
Last week TCJL filed an amicus curiae brief in a case of first impression that could have far-reaching impact on retail sellers of firearms and ammunition in Texas. The case, In re Academy, Ltd. d/b/a Academy Sports + Outdoors, arose from the horrific shooting at a church in Sutherland Springs, Texas in November, 2017. Plaintiffs sued Academy, alleging, among other things, that it violated the federal Gun…
Copyright © 2019 Texas Civil Justice League. All rights reserved.
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teaching201
Teacher Research
Staff Meetings
Community & Collaboration
Welcome to Community and Collaboration!
What methods might help foster community in the classroom? How do we develop collaborative assignments that are generative, fair, and fun? How might we rethink our goals and approaches to peer review? In this workshop, we will address these questions through the development of a collaborative assignment sequence/course unit for your class next semester. Though use of this assignment is (of course) optional, participants will leave this workshop with a concrete model for future collaborative assignments. (Led by Maggie.)
When we’re meeting
Friday, September 30, 2:00-3:00 in the WC Commons
Friday, October 7, 2:00-3:00 in WC Commons
Monday, Oct 10, 2:00-3:00 in TBA
Taking our cues from active and problem-based learning–with an eye toward also understanding what our students will experience when we assign them a group project–our goal, outlined in this prompt, is to revise this sample assignment as a group.
To do this, first we’ll talk about past experiences with collaborative work.
Next, we’ll fill out a group contract and assign group roles.
Then, we’ll probably want to return to the prompt, figure out what we need to accomplish, and write up a task list and timeline for those goals.
At the end of the workshop, we’ll use a few different assessment tools to evaluate our group’s process and product.
Why we’re doing it that way
While the jury is still out on whether problem-based learning (a pedagogical method which originated in medical schools where students are given a problem which they are asked to figure out how to solve) is especially effective for “recalled content knowledge” (Allen et al., 20011, p.25), PBL has been shown to cultivate positive student dispositions toward learning (Springer et al., 1999) and improves student engagement (Ahlfedt et al., 2005; Murray & Summerlee, 2007).
Where writing is involved in PBL, studies have shown that it improves student performance in content-based exams (Butler et al., 2001; Drabick et al., 2007; Stewart et al., 2010).
Experiential learning is often closely associated with internships and service learning in that this pedagogical method asks students to apply their knowledge and skills to real-life situations. This kind of work has been associated with improved academic performance and higher rates of graduation (Dundes & Marx, 2006) as well as motivation and skills development (Crowe & Brakke, 2008).
Why Learn Together? Group Work, Collaborative Learning, Cooperative Learning, Team-Based Learning
Group learning has been shown, not surprisingly, to help students develop the kinds of self-knowledge and social skills that are increasingly necessary in the workplace (Sedgwich, 2010). Ädel (2011) argues that interaction has become a key component of recent theories of how learning works, especially with regard to transfer, and indeed that these models find that “the establishment of a social context and group identity” are “central to the learning experience” (2932).
Group work has also been shown to help students “negotiate meaning, share ideas, collaborate, and reflect and report on learning experiences”(Allan, 2011). Likewise, group work helps students develop “greater self-autonomy and responsibility” (Bourner et al, 2001; Burdett and Hasite, 2009). More than this, one study found that the “problem-solving ability” scores were “significantly improved” compared to the control group (Kim et al., 2016) …pretty cool.
To avoid the pitfalls of group work–to help ensure that social interactions go smoothly and that everyone contributes somewhat equally–McInnis and Devlin (2002) suggest that the instructor provide some structure to groups (assigning group roles for example) and be as clear as possible about assessment and why a group activity is especially helpful for learning in the context of that assignment. Some studies suggest skills for managing difficult group dynamics do not, however, emerge on their own–instructors should give clear guidelines, help students learn about what makes for effective group work, and even intervene in problematic dynamics (Brutus & Donia 2010; Prichard et al., 2006). And faculty rarely teach these skills (Colbeck et al, 2002; Myers et al., 2009).
There is a lot of scholarly debate about what methods of assessment (individual, group, process, product) are fair and aid most in learning. For assessment, then, it seems like the best thing to do is work backwards from your goals and your courses’s overall assessment philosophy. Maybe? Like I said, there’s a whole lot of debate.
Despite these potential issues–which are, in any case, the same kinds of problems students will deal with in the workplace–there is a lot to recommend group learning. Figuring out how to work in a group is central to school, work, and life (Lizzio and Wilson, 2006; Noonan, 2013; Burdett and Hastie, 2009). And, overall, group work, team work, collaborative learning–learning together improves student achievement (Johnson et al, 2000).
This Workshop
I’m imagining that this project is a bit like experiential learning… but backwards… but not really…
The “real-life” situation of this workshop that we’re experiencing here, I think, is the real-life situation of the student, in your classroom, who’s been asked to engage in a collaborative writing project. By placing ourselves in this situation, experiencing what it might be like to be that student, I’m hoping that we’ll accomplish a few things:
First, a cool framework for collaborative assignments. Given the awesome potential of group work for learning and performance, I’m hoping that by putting our heads together, we can develop a really nice framework for future collaborative assignments we might want to design.
Second, to that end, I think by experiencing collaborative work, we’ll be better able to smooth out the kinks for next time. Having experienced it ourselves, we’ll be able to think through what else would have been helpful, what would have made the experience go smoother, or the product more awesome and do some good revisions.
Third, fun. Like… problem-based learning, which I think is basically what we’re doing here, is supposed to help increase not only learning, but engagement and positivity. (puttin all my cards out on the table here!) So… hopefully, this will be the most enjoyable way to spend our workshop time 🙂
Allen, H. (2011). “Using psychodynamic small group work in nurse education: closing the theory-practice gap.” Nurse Education Today 31.5, 521-524.
Allen, D. E., Donham, R. S., Bernhardt, S.A., Buskist, W., Groccia, J.E. (2011). “Problem-based learning.” New Directions for Teaching and Learning 2011.128, pp. 21-29.
Ahlfeldt, S., Mehta, S., and Sellnow, T. “Measurement and Analysis of Student Engagement in University Classes where Varying Levels of PBL Methods of Instruction Are in Use.” Higher Education Research and Development, 2005, 24, 5–20.
Ädel, A. (2011). “Rapport building in student group work.” Journal of Pragmatics 43, pp. 2932-2947.
Bourner, J., Hughes, M, Bourner, T. (2001). “First-year undergraduate experiences of group-project work.” Assessment and Evaluation in Higher Education 26.1, 19-39.
Brutus, S., & M. B. L. Donia. 2010. Improving the effectiveness of students in groups with a centralized peer evaluation system. Academy of Management Learning and Education 9(4): 652–662.
Burdett, J. & Hastie, B. (2009). “Prediciting Satisfaction with Group Work Assignments.” Journal of University Teaching Practices 6.1, 61-71.
Butler, A., Phillmann, K.-B., and Smart, L. “Active Learning within a Lecture: Assessing the Impact of Short, In-Class Writing Exercises.” Teaching of Psychology, 2001, 28, 57–59.
Colbeck, C. L., S. E. Campbell, & S. A. Bjorklund. 2000. Grouping in the dark: What college students learn from group projects. The Journal of Higher Education 71(1): 60–83.
Crowe, M., & Brakke, D. (2008). Assessing the impact of undergraduate research students: An overview of current literature. Council on Undergraduate Research Quarterly, 28(4), 43-50.
Drabick, D.A.G., Weisberg, R., Paul, L., and Bubier, J. L. “Keeping It Short and Sweet: Brief, Ungraded Writing Assignments Facilitate Learning.” Teaching of Psychology, 2007, 34, 172–176.
Dundes, L., & Marx, J. (2006). Balancing work and academics in college: Why do students working 10 to 19 hours per week excel? Journal of College Student Retention, 8, 107-120.
Gilbert, B. L. & Banks, J. & Houser, J. H. W. & Rhodes, S. J. & Lees, N. D. (2014). Student Development in an Experiential Learning Program. Journal of College Student Development 55(7), 707-713. The Johns Hopkins University Press.
Kim, H., Song, Y., Lindquist, R., Kang, H. (2016). “Effects of team-based learning on problem-solving, knowledge and clinical performance of Korean nursing students.” Nurse Education Today 38, 115-118.
Johnson, D., Johnson, R., Stanne, M. “Cooperative Learning Methods: A Meta-Analysis.” Link.
Lizzo, A. and Wilson, K. (2006). “Enhancing the effectiveness of self-managed learning groups: understanding students’ choices and concerns.” Studies in Higher Education 31.6, pp. 689-703.
Prichard, J. S., L. A. Bizo, & R. J. Stratford. 2006. The educational impact of team-skills training: Preparing students to work in groups. British Journal of Educational Psychology 76: 119–140.
Sedgwich, P. (2010). “Reflections of a “Progressive” teacher in higher education: The opportunities involved in giving students control.” CETL AFL Occasional Papers No. 5, Centre for Excellence in Assessment for Learning, Northumbria University.
Springer, L., Stanne, M. E., and Donovan, S. S. “Measuring the Success of Small-Group Learning on Undergraduates in Science, Mathematics, Engineering and Technology: A Meta-Analysis.” Review of Educational Research, 1999, 69, 21–51.
Stewart, T. L., Myers, A. C., and Culley, M. R. “Enhanced Learning and Retention Through ‘Writing to Learn’ in the Psychology Classroom.” Teaching of Psychology, 2010, 37, 46–49.
McInnis, J.R. & Devlin, M. (2002). “Assessing Learning in Australian Universities.” Ideas, Strategies and Resources in Quality Student Assessment.
Murray, J., and Summerlee, A. “The Impact of Problem-based Learning in an Interdisciplinary First-Year Program on Student Learning Behaviour.” Canadian Journal of Higher Education, 2007, 37, 87–107.
Myers, S. A., N. A. Smith, M. A. Eidsness, L. M. Bogdan, B. A. Zackery, M. R. Thompson, M. E. Schoo, & A. N. Johnson. 2009. Dealing with slackers in college classroom work groups.College Student Journal 43(2): 592–598
Noonan, M. (2013). “The ethical considerations associated with group work assessment.” Nurse Education Today 33.11, pp. 1422-1427.
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Final Show Of The Tragically Hip Concert Tour Being Broadcast Live
Entertainment / Music
By Jason Bouwmeester
Image courtesy David Bastedo via The Tragically Hip
It’s been a few weeks since Gord Downie, the lead singer for The Tragically Hip, announced he had cancer and subsequently announced a final Tragically Hip concert tour. CBC, Canada’s national public radio and television broadcaster, announced today that they will be broadcasting the final The Tragically Hip concert of the tour for free.
The final concert in the tour takes place on Saturday, August 20th in Kingston at the Rogers K-Rock Centre. CBC will broadcast the concert live at 8:30pm ET across all their platforms including television, radio, YouTube and their cbcmusic.ca website.
Many fans were extremely disappointed with how fast the tickets for the Man Machine Poem tour sold out on Ticketmaster. The quick sell outs prompted the usual complaints about the monopoly of the service in Canada, as well as about the various ticket reseller sites that seem to somehow have a large number of tickets available for sale above face value so soon after tickets go on sale. Whether this was planned before or as a result of the quick sellouts, this is definitely a great opportunity for Canadians — and others — to be able to watch and experience The Tragically Hip live one last time.
Will you be tuning in to the live broadcast of the final Tragically Hip concert when it airs? Let us know in the comments below, or on Google+, Twitter, or Facebook and check out the press release below.
CBC and The Tragically Hip have partnered to celebrate the band’s historic Kingston, Ontario tour stop and make it available to all Canadians and audiences around the world in a live, commercial-free, all platform broadcast on Saturday, August 20. The iconoclastic Canadian rockers return to their hometown for the final stop of their Man Machine Poem tour. CBC is broadcasting and streaming this monumental event live at 8:30 p.m. ET across CBC Television, CBC Radio One, CBC Radio 2, CBC’s YouTube channels, and cbcmusic.ca. The Kingston performance will be the culmination of a multi-week national celebration of Canada’s unofficial poet laureates.
The 15-date sold out cross-Canada tour coincides with the release of the band’s 14th studio album, Man Machine Poem. The final stop on the tour sees Gord Downie, Paul Langlois, Rob Baker, Gord Sinclair, and Johnny Fay perform at Rogers K-Rock Centre in what is sure to be a celebratory and moving night.
“The Tragically Hip’s enigmatic sound, their poignant and witty lyrics, and the unique, special relationship they have with their fans have helped define and influence our identity as Canadians,” said Heather Conway, executive vice-president, English Services, CBC. “It’s hard to overstate the importance of this tour. CBC and The Hip are so happy to be able to share this event with all Canadians and bring audiences across the country and around the world together to celebrate the moment.”
Formed in Kingston in the mid-80s, The Tragically Hip have sold millions of records worldwide, managing to enjoy both mass popularity and critical acclaim. The group released their first album in 1987, and have since released 14 studio albums, earning two diamond certifications and 20 #1 hits. The Hip has won 14 Juno Awards and was inducted into the Canadian Music Hall of Fame in 2005. They have also received the Governor General’s Performing Arts Award, as well as honorary degrees from the Royal Conservatory of Music and most recently Queen’s University.
Source: CBC
Related Items:CBC, concert, featured, Gord Downie, Man Machine Poem tour, Tragically Hip
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Anthropoid Trailer #1 Hits YouTube
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Discussing the limits of artificial intelligence
Alice Lloyd George 2 years
Alice Lloyd George Contributor
Alice Lloyd George is an investor at RRE Ventures and the host of Flux, a series of podcast conversations with leaders in frontier technology.
More posts by this contributor
One billion 3D views and counting
Thomas Reardon and CTRL-Labs are building an API for the brain
It’s hard to visit a tech site these days without seeing a headline about deep learning for X, and that AI is on the verge of solving all our problems. Gary Marcus remains skeptical.
Marcus, a best-selling author, entrepreneur and professor of psychology at NYU, has spent decades studying how children learn, and believes that throwing more data at problems won’t necessarily lead to progress in areas such as understanding language, not to speak of getting us to AGI — artificial general intelligence.
Marcus is the voice of anti-hype at a time when AI is all the hype, and in 2015 he translated his thinking into a startup, Geometric Intelligence, which uses insights from cognitive psychology to build better-performing, less-data-hungry machine learning systems. The team was acquired by Uber in December to run Uber’s AI labs, where his co-founder Zoubin Ghahramani has now been appointed chief scientist. So what did the tech giant see that was so important?
In an interview for Flux, I sat down with Marcus, who discussed why deep learning is the hammer that’s making all problems look like a nail and why his alternative sparse data approach is so valuable.
We also got into the challenges of being an AI startup competing with the resources of Google, how corporates aren’t focused on what society actually needs from AI, his proposal to revamp the outdated Turing test with a multi-disciplinary AI triathlon and why programming a robot to understand “harm” is so difficult.
AMLG: Gary, you are well-known as a critic of this technique, you’ve said that it’s over-hyped. That there’s low-hanging fruit that deep learning’s good at — specific narrow tasks like perception and categorization, and maybe beating humans at chess, but you felt that this deep learning mania was taking the field of AI in the wrong direction, that we’re not making progress on cognition and strong AI. Or as you’ve put it, “we wanted Rosie the robot, and instead we got the Roomba.” So you’ve advocated for bringing psychology back into the mix, because there’s a lot of things that humans do better, and that we should be studying humans to understand why they do things better. Is this still how you feel about the field?
GM: Pretty much. There was probably a little more low-hanging fruit than I anticipated. I saw somebody else say it more concisely, which is simply, deep learning does not equal AGI (AGI is “artificial general intelligence.”) There’s all the stuff you can do with deep learning, like it makes your speech recognition better. It makes your object recognition better. But that doesn’t mean it’s intelligence. Intelligence is a multi-dimensional variable. There are lots of things that go into it.
In a talk I gave at TEDxCERN recently, I made this kind of pie chart and I said look, here’s perception, that’s a tiny slice of the pie. It’s an important slice of the pie, but there’s lots of other things that go into human intelligence, like our ability to attend to the right things at the same time, to reason about them to build models of what’s going on in order to anticipate what might happen next and so forth. And perception is just a piece of it. And deep learning is really just helping with that piece.
In a New Yorker article that I wrote in 2012, I said look, this is great, but it’s not really helping us solve causal understanding. It’s not really helping with language. Just because you’ve built a better ladder doesn’t mean you’ve gotten to the moon. I still feel that way. I still feel like we’re actually no closer to the moon, where the moonshot is intelligence that’s really as flexible as human beings. We’re no closer to that moonshot than we were four years ago. There’s all this excitement about AI, and it’s well deserved. AI is a practical tool for the first time and that’s great. There’s good reason for companies to put in all of this money. But just look for example at a driverless car, that’s a form of intelligence, modest intelligence, the average 16-year-old can do it as long as they’re sober, with a couple of months of training. Yet Google has worked on it for seven years and their car still can only drive — as far as I can tell, since they don’t publish the data — like on sunny days, without too much traffic…
AMLG: And isn’t there the whole black box problem that you don’t know what’s going on. We don’t know the inner workings of deep learning, it’s kind of inscrutable. Isn’t that a massive problem for things like driverless cars?
GM: It is a problem. Whether it’s an insuperable problem is an open empirical question. So it is a fact at least for now that we can’t well interpret what deep learning is doing. So the way to think about it is you have millions of parameters and millions of data points. That means that if I as an engineer look at this thing I have to contend with these millions or billions of numbers that have been set based on all of that data and maybe there is a kind of rhyme or reason to it but it’s not obvious and there’s some good theoretical arguments to think sometimes you’re never really going to find an interpretable answer there.
There’s an argument now in the literature which goes back to some work that I was doing in the 90s about whether deep learning is just memorization. So this was the paper that came out that said it is and another says no it isn’t. Well it isn’t literally exactly memorization but it’s a little bit like that. If you memorize all these examples, there may not be some abstract rule that characterizes all of what’s going on but it might be hard to say what’s there. So if you build your system entirely with deep learning, which is something that Nvidia has played around with, and something goes wrong, it’s hard to know what’s going on and that makes it hard to debug.
AMLG: Which is a problem if your car just runs into a lamppost and you can’t debug why that happened.
GM: You’re lucky if it’s only a lamppost and not too many people are injured. There are serious risks here. Somebody did die, though I think it wasn’t a deep learning system in the Tesla crash, it was a different kind of system. We actually have problems on engineering on both ends. So I don’t want to say that classical AI has fully licked these problems, it hasn’t. I think it’s been abandoned prematurely and people should come back to it. But the fact is we don’t have good ways of engineering really complex systems. And minds are really complex systems.
AMLG: Why do you think these big platforms are reorganizing around AI and specifically deep learning? Is it just that they’ve got data moats, so you might as well train on all of that data if you’ve got it?
GM: Well there’s an interesting thing about Google, which is they have enormous amounts of data. So of course they want to leverage it. Google has the power to build new resources that they give away free and they build the resources that are particular to their problem. So Google, because they have this massive amount of data, has oriented their AI around, how can I leverage that data? Which makes sense from their commercial interests. But it doesn’t necessarily mean, say from a society’s perspective, does society need AI? What does it need it for? Would it be the best way to build it?
CERN is a vast interdisciplinary, multi-country consortium to solve particular scientific problems, maybe we need the same thing for AI. Most of the efforts in AI right now are individual companies or small labs working on small problems like how to sell more advertising… what if we brought people together to try this moonshot of doing better science, and what if we brought not just machine learning experts, and engineers who can make faster hardware, but researchers who look at cognitive development. I think we could make some progress. Gary Marcus
I think if you asked those questions you would say, well what society most needs is automated scientific discovery that can help us actually understand the brain to cure neural disorders, to actually understand cancer to cure cancer, and so forth. If that were the thing we were most trying to solve in AI, I think we would say, let’s not leave it all in the hands of these companies. Let’s have an international consortium kind of like we had for CERN, the large hadron collider. That’s seven billion dollars. What if you had $7 billion dollars that was carefully orchestrated towards a common goal. You could imagine society taking that approach. It’s not going to happen right now given the current political climate.
AMLG: Well they are sort of at least coming together on AI ethics. So that’s a start.
GM: It is good that people are talking about the ethical issues and there are serious issues that deserve consideration. The only thing I would say there is, some people are hysterical about it, thinking that real AI is around the corner and it probably isn’t. I think it’s still OK that we start thinking about these things now, even if real AI is further away than people think it is. If that’s what moves people into action and it takes 20 years, but the action itself takes 20 years, then it’s the right timing to start thinking about it now.
AMLG: I want to get back to your alternative approach to solving AI, and why it’s so important. So you’ve come up with what you believe is a better paradigm, taking inspiration from cognitive psychology. The idea is that your algorithms are a much quicker study, that they’re more efficient and less data hungry, less brittle and that they can have broader applicability. And in a brief amount of time you’ve had impressive early results. You’ve run a bunch of image recognition tests comparing the techniques and have shown that your algorithms perform better, using smaller amounts of data, often called sparse data. So deep learning works well when you have tons of data for common examples and high-frequency things. But in the real world, in most domains, there’s a long tail of things where there isn’t a lot of data. So while neural nets may be good at low-level perception, they aren’t as good at understanding integrated wholes. So tell us more about your approach, and how your training in cognitive neuroscience has informed it.
GM: My training was with Steve Pinker. And through that training I became sensitive to the fact that human children are very good at learning language, phenomenally good, even when they’re not that good at other things. Of course I read about that as a graduate student, now I have some human children, I have a four-year-old and a two-and-a-half year old. And it’s just amazing how fast they learn.
AMLG: The best AIs you’ve ever seen?
GM: The best AIs I’ve ever seen. Actually, my son shares a birthday with Rodney Brooks, who’s one of the great roboticists, I think you know him well. For a while I was sending Rodney an e-mail message every year saying “Happy birthday. My son is now a year old. I think he can do this and your robots can’t.” It was kind of a running joke between us.
AMLG: And now he’s vastly superior to all of the robots.
GM: And I didn’t even bother this year. The four-year-olds of this world, what they can do in terms of motor control and language is far ahead of what robots can do. And so I started thinking about that kind of question really in the early 90s. And I’ve never fully figured out the answer, but part of the motivation for my company was, hey we have these systems now that are pretty good at learning if you have gigabytes of data, and that’s great work if you can get it, and you can get it sometimes. So speech recognition, if you’re talking about white males asking search queries in a quiet room, you can get as much labelled data, which is critical, for these systems as you want. This is how somebody says something and this is the word written out. But my kids don’t need that. They don’t have labelled data, they don’t have gigabytes of label data they just kind of watch the world and they figure all this stuff out.
Geometric’s Xprop algorithm systematically beating convolutional nets
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The FCC just repealed net neutrality. What happens next?
Devin Coldewey @techcrunch / 2 years
The FCC voted this morning to nullify 2015’s Open Internet Order and its strong net neutrality rules, substituting a flimsy replacement with a deeply (and deliberately) incorrect technical justification.
The battle is lost. What of the war? Here’s what happens next, and what you can do to help.
First, very little
As rushed as this vote was, it doesn’t make the rest of the government move any faster. Voting to adopt the order doesn’t magically and instantly eliminate net neutrality. First, the new rules have to be entered into the federal register — and that won’t happen for a little while, perhaps a couple of months.
In the meantime, you’re going to get a whole lot of blog posts, opinion pieces in newspapers, speeches, statements, notices of intent and anything else that will keep the topic alive in the public eye.
During this time the FCC will point out that despite having voted in new regulations, the internet has not devolved into a corporate free-for-all. Of course it hasn’t, because the rules haven’t taken effect yet. They will point out that companies could start changing policies or making announcements ahead of that event, but for reasons we’ll go into later, that’s extremely unlikely, even if said companies do have evil intent. At any rate, don’t be fooled.
Do, however, continue engaging with your elected officials. They are only engaged in this fight — if they are at all — because their constituents have expressed that it is important to them. If they think they can get away with not paying attention for a few months, or that voters have moved on to another hot-button issue, they’ll gladly spend their time and money pursuing other things. Don’t let that happen. Make sure they are aware (and aware that we’re aware) that this problem isn’t going away.
Early next year: lawsuits aplenty
When the rules get entered in the federal register, the floodgates open. Right off the bat I can think of a number of different lawsuits or challenges that could be filed, though the details are unfortunately beyond my sight.
1. States take issue with preemption. The new order includes considerable provisions preventing states and municipalities from creating rules or regulations that contradict the federal ones. So did the 2015 order, of course — but there’s a big difference. The authority granted to the FCC by Title II made it a force to be reckoned with; it could reach in and quash incompatible state laws or practices. The new rules, however, reduce the FCC’s reach considerably by restoring it to Title I, under which it repeatedly failed to establish or enforce broadband rules. Without Title II, states may ask under what authority do you presume to preempt our laws?
2. Arbitrary and capricious. From its first draft, Restoring Internet Freedom has been predicated on a massive misrepresentation of how the internet works. The details you can find here, but suffice it to say that when the people who actually created the web, internet, encryption, networking layers and all that say you’ve got it wrong, you’ve probably got it wrong.
Chances are that net neutrality will find its way back to the Supreme Court eventually.
Now, what you’ll hear about this one is a bit technical: that the Supreme Court in 2005 made a major decision known as “Brand X” establishing the precedent that, in case of ambiguity in the law (like how broadband companies should be defined), the courts would defer to any reasonable interpretation made by an expert agency like the FCC.
In 2005, that was one way; in 2015 they went another way; and in 2017 they’re going back to the first way. But how it’s technically justified in the order now is so demonstrably wrong that it could very well be open to a lawsuit alleging that these rules could very credibly be challenged under the Administrative Procedure Act, which prohibits regulations that are “arbitrary and capricious.”
3. Fraudulent comments and procedural shenanigans. This is a little more hazy, but the cloud hanging over the FCC relating to its handling of the millions of fake comments in its system is a real thing. Congress has repeatedly asked for information on the cybersecurity aspect of this, and New York’s attorney general has gone public with his office’s frustration at being stonewalled by the agency when it comes to identity theft.
Congress could request an independent investigation (and has, actually) and pending the results of that investigation ask that the rule not be enforced. Similarly, the NY AG could sue (in fact he just announced he will) saying the FCC failed to fulfill the requirement of allowing fair and open commentary on its process — even if the FCC is itself not obligated to consult that commentary in its decision.
In some of these lawsuits, the plaintiffs may ask that the new rules be suspended while the court case goes on; this type of “stay” worked with Trump’s travel ban, but it likely won’t work here. That’s because in the latter case, there was evidence of immediate and irreparable harm: people in Iran or Syria might lose their jobs or come to harm because of the rule being challenged. Net neutrality is a serious issue, but the harm it may cause is more subtle. Judges probably won’t be convinced that the new rules need to be stayed for any period of time.
These are just basic ideas (I am not a lawyer, thankfully), but they show the variety of ways in which the new rules could be legally challenged. The 2015 order was also subject to lawsuits, but none made a dent; in fact, having the courts repeatedly uphold the order is something that has been key to the arguments of net neutrality proponents.
There’s a risk that the same will happen here, but you can’t win if you don’t play. As for the Supreme Court, the appointment of Gorsuch could be considered a hazard for a progressive verdict, but interestingly it is the famously conservative late Justice Scalia who put forth the most famous argument in favor of classifying broadband as telecommunications. So political alignment may not play as much of a role as some would think in these proceedings.
It will, however, play a major part in others.
Congressional action
Ultimately, as many commentators and the FCC on occasion have pointed out, the question may have to be settled by legislation. Ultimately the FCC derives its authority from laws written by Congress, and if those laws are amended or others appended, it could moot the arguments of the past decade or two.
2018 is, of course, an election year, and a particularly important one for a number of reasons. The majority role in the Senate hangs in the balance, and the House as always is up for grabs, though the Republicans have a more commanding lead there.
Political actions will naturally be divided into two sections: the lead-up to the election and what comes after. I hesitate to speculate on what might happen after the election, as the balance of power may shift considerably.
In the lead-up, however, there will be strong Democratic leadership on the topic of net neutrality, since their constituencies have been particularly vocal about it (and must remain so!).
A scene from the net neutrality Day of Action in July.
There are two tacks they might take. First is the possibility of using the Congressional Review Act, which allows Congress to undo recently instituted regulations, to nix the FCC’s plan; Representative Mike Doyle (D-PA) just announced he will do this. This is the most straightforward solution, and one the Republican Congress recently deployed in order to kill several Obama-era regulations, including the Broadband Privacy Rule. That action was particularly unpopular, and Republicans aiming to look progressive may hop on board a Democratic bill. Bipartisan talks will have to take place — this can’t be done without work on both sides of the aisle.
A CRA repeal of Restoring Internet Freedom would be devastating to the FCC’s plans, but likely would leave intact the legislative ambiguities that gave rise to today’s issues.
A true solution would involve amending the 1996 Telecommunications Act. The critical part of all this is the classification of broadband under Title II of the act, and if that could be accomplished by legislation — it would only take a few words — it would put an end to these questions once and for all. However, to amend a major bill is not something a minority party is likely to attempt. And with the threat of a veto hanging over them, it’s very unlikely that this will come to pass until a Democratic president is elected.
Following the vote, I talked with Senator Brian Schatz (D-HI). His advice for the present is simple: “We want every Member of Congress to have to go on the record and say whether or not they agree with what the Commission just did.”
Having everyone take a side makes it a clear issue for debate in the 2018 midterms — and the 2020 Presidential election as well. “We have to take all the outrage and enthusiasm around this issue and turn it into a real electoral force in 2018,” he said, echoing what he told me earlier this year. “2018 has to be the first year of the net neutrality voter.”
Can you find your elected official’s stance on net neutrality? If not, email, call, or tweet at them to ask why not.
ISPs will bide their time
The net neutrality rules may be effectively dead, but there are several reasons why broadband providers won’t make any overt efforts to take advantage of the fact.
For one thing, everyone is watching them like hawks. ISPs are under extreme scrutiny right now, both from regulators like the FTC (which will be put back in charge of them) to grassroots activists watching for any unseemly network practices. For them to immediately change their practices right after the regulations change would be hypocritical in the context of their repeated arguments that they already respect the no blocking, no throttling, no paid prioritization rules.
Not that major companies generally shy away from a little hypocrisy now and then, but in this case it would be risky; anything they do could and would be used against them in a court of law in one of the cases listed above. Instead, it’s in their interest to appear totally unaffected by all this.
That said, they may try to pull a fast one here and there. You can help here by reporting any changes you do see. TechCrunch will be watching its tip line.
Next, there’s really no guarantee these regulations are here to stay. ISPs have strongly supported Chairman Pai’s plan, but anyone with a brain can see how flimsy the technical justification for re-reclassifying broadband is.
There’s a very real chance that a lawsuit, administrative challenge or bipartisan legislation could reverse these incredibly unpopular new rules. It’s just bad business to use anything so unstable as the foundation for any major practices, and ISPs are plenty aware of that. Imagine the time and money they’d have to invest to institute some fast-lane plan, throttling scheme not considered anti-competitive or what have you — only to have to turn it off a few months later.
No: until the rules are cemented in place or removed, the ISPs will continue just as they have done for the last few years — with a few exceptions.
You can expect them to resume a few programs that have been considered borderline in the past. Zero rating schemes, you can bet, will flourish. And situations where companies are mixing services — Comcast’s Stream TV, for instance, which essentially zero-rated all its own TV traffic — will also get a green light.
You’ll be targeted for these practices, and the details of how they work will be interesting to scrutinize. Ordinary users will be the ones who see these things first in test markets and targeted advertising, so if you see something suspicious, bring it to the attention of your friendly neighborhood tech site.
The ISPs will also make some highly visible investments and expansions in rural areas and chalk them up to the freedom afforded them by the new regulatory scheme. Of course, it will turn out these investments were planned years ahead of time or totally unaffected by Title II. But all the same the companies will act as if a great weight has been lifted from their shoulders.
Basically you can expect broadband providers (including mobile ones) to play it safe while keeping a very close eye on the courts, Congress, and all the rest.
This sucks, to be sure. But the reality is that the effects of net neutrality being nullified won’t be felt for some time, and even then its precarious position means that for the foreseeable future, ISPs won’t go hog-wild.
Your role now is to be the eyes and ears of the attorneys general, members of Congress and advocacy organizations that are fighting on your behalf. The next few months will be spent in preparation, and the months after that in fierce litigation — and if we’re lucky, a few months after that, legislation.
This vote was as good as set in stone a year ago, a foregone conclusion given the fierce partisan divide, but we didn’t stop talking about it or holding companies and officials responsible. Don’t stop now.
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Home|Front Page
Community Connections with Manna Meal April 25, 2018
Community Connections with Manna Meal April 25, 2018tgkvf2018-06-05T18:15:06+00:00
Community Connections with Susan Hoover, TGKVF Scholarship Program Officer, October 14, 2018
Jane Powell has a conversation with Susan Hoover, TGKVF’s Scholarship Program Officer. They discuss the scholarship application process and much more about the Foundation’s statewide scholarship program.
Community Connections with Susan Hoover, TGKVF Scholarship Program Officer, October 14, 2018tgkvf2018-11-02T20:59:13+00:00
Community Connections with WV Hub January 23, 2019
Jane Powell has a conversation with Stephanie Tyree, Executive Director of WV Hub. They discuss the Hub’s statewide work to create economic development opportunities in small rural communities.
Community Connections with WV Hub January 23, 2019tgkvf2019-02-05T21:43:21+00:00
Community Connections with YWCA Sojourner’s Homeless Women and Families Shelter, December 2018
Jane Powell has a conversation with Margaret Taylor, Director of YWCA’s Sojourner’s Shelter. They discuss the services provide by the YWCA for Charleston’s homeless women and families.
Community Connections with YWCA Sojourner’s Homeless Women and Families Shelter, December 2018tgkvf2019-05-15T15:08:39+00:00
Community Connections, March 29th 2017
Community Connections, March 29th 2017tgkvf2018-05-23T19:16:08+00:00
Deadline Approaches for 10th Annual WV Spirit of Philanthropy Awards
MORGANTOWN, WV – As defined by Webster’s Dictionary, “Philanthropy is a desire to help humankind, especially as shown by gifts to charitable or humanitarian institutions; benevolence”.
Currently, Philanthropy West Virginia is accepting applications through August 5, 2016 for The 2016 West Virginia Spirit of Philanthropy Awards program, West Virginia’s premier award for philanthropy.
“In West Virginia, philanthropy is not just about making a donation to a local charity, but giving that creates action that changes root causes of our society’s challenges. In the midst of the tragic flooding, we have seen many citizens giving, leading, and doing things to transform communities and rebuild. We are fortunate to have people, organizations, foundations, and businesses that exemplify philanthropy and improving our society in the Mountain State”, says Paul D. Daugherty, president and CEO of Philanthropy West Virginia.
Daugherty adds, “Philanthropy WV welcomes the nominations of these exemplary individuals, organizations, businesses, foundation staffers, and impact programs/projects for the 2016 Spirit of Philanthropy Awards.” The Deadline for Nominations is August 5, 2016.
The 2016 Spirit of Philanthropy Awards includes three main award types: the Critical Impact Award, the Volunteer Leadership Award, and the Staff Leadership Award. The awards will be formally awarded on October 27, 2016, at the Philanthropy West Virginia Annual Conference in Huntington, WV.
Critical Impact Award
The Critical Impact Award celebrates local grantmaking and collaborative programs/projects that have changed lives and communities for the better. Both larger and smaller grant projects will be considered for the award. (Projects must demonstrate bold vision, strategic initiative, innovation and sustainability).
Volunteer Leadership Award
The Volunteer Leadership Award honors an individual who has exhibited an extraordinary commitment to philanthropy in the state of West Virginia. The individual must excel in his or her role as an individual philanthropist through their personal giving, company/corporate philanthropy, engaging others to give, and/or advising/serving as a board member of a foundation/philanthropic organization.
Staff Leadership Award
The Staff Leadership Award honors an individual staff member of a family, private, community, public, corporate giving program or foundation that exhibits an extraordinary commitment to philanthropy in the state of West Virginia.
To nominate deserving individuals, organizations, and/or programs for the 2016 Spirit of Philanthropy Awards, please visit www.philanthropywv.org deadline of August 5, 2016. Philanthropy WV welcomes all nominations for businesses, foundations, organizations and individuals that are leaders of philanthropy in West Virginia that have positively impacted their communities.
Founded in 1993, Philanthropy West Virginia is the state leadership organization for organized philanthropy that serves the trustees/board members, CEOs, staff, and volunteers of community, private, family, and corporate foundations, giving programs, and individual philanthropists. Our mission is “Strengthening Philanthropy in the Mountain State”. For more information, visit: www.philanthropywv.org.
Paul D. Daugherty, President & CEO
paul@philanthropywv.org or 304.517.1450
Deadline Approaches for 10th Annual WV Spirit of Philanthropy Awardstgkvf2017-04-17T17:55:16+00:00
Dr. Foster’s Annual Report to the Community Address April 18, 2017
Dr. Foster’s Annual Report to the Community Address April 18, 2017tgkvf2018-05-23T19:15:59+00:00
Dr. Michelle Foster’s President’s Address to the Annual Report to the Community, May 15, 2018
Dr. Michelle Foster’s President’s Address to the Annual Report to the Community, May 15, 2018tgkvf2018-06-27T20:27:19+00:00
Foundation Newsletter – Winter 2019
Foundation Newsletter – Winter 2019tgkvf2019-03-12T16:54:17+00:00
Highlights of TGKVF’s Annual Report to the Community, May 15, 2018
Highlights of TGKVF’s Annual Report to the Community, May 15, 2018tgkvf2018-06-27T20:26:35+00:00
For more information, please contact Jane Powell (jpowell@tgkvf.org)
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Future Constituent
Create your constituent account and grow your political influence by posting popular opinions.
Sign up and join to complete your political profile in your district.
Authority to Extend the United States-Republic of Korea Nuclear Cooperation Agreement
Representative Edward R. Royce
From: CA District 39
ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2449) to authorize the President to extend the term of the Agreement for Cooperation between the Government of the United States...
Representative Gregory W. Meeks
From: NY District 5
MEEKS. Mr. Speaker, I rise in support of H.R. 2449, and I yield myself such time as I may consume. I'd like to begin by thanking my good friend, the chairman of the Foreign Affairs Committee, Ed Royce,...
Representative Ileana Ros-Lehtinen
From: FL District 27
ROS-LEHTINEN. Mr. Speaker, I thank our gracious chairman for the time. I rise in full support of H.R. 2449, an important bipartisan bill that will extend the U.S.-South Korea civilian nuclear energy...
Representative Steve Chabot
From: OH District 1
CHABOT. Mr. Speaker, I thank the gentleman for yielding. I rise today as a strong supporter and cosponsor of H.R. 2449, legislation to extend for 2 additional years the existing U.S.-South Korea civilian...
Representative Doug Collins
From: GA District 9
COLLINS of Georgia. Mr. Chairman, I appreciate you yielding the time. Mr. Speaker, I rise in strong support of H.R. 2449, I think the merits of which you have spoken of. I also want to rise and discuss...
Representative Trent Franks
From: AZ District 8
FRANKS of Arizona. Mr. Speaker, I urge my colleagues to support H.R. 2449, thereby building upon the already strong relationship between the United States and South Korea by extending the current U.S.-Korea...
Representative Adam Kinzinger
From: IL District 16
KINZINGER of illinois in the house of representatives Tuesday, September 17, 2013 Mr. KINZINGER of Illinois. Mr. Speaker, I...
Representative Mike Kelly
From: PA District 3
KELLY of pennsylvania in the house of representatives Tuesday, September 17, 2013 Mr. KELLY of Pennsylvania. Mr. Speaker, I rise...
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Republican ME
About Sen. Susan
Twitter: SenatorCollins
Facebook: susancollins
Youtube: susancollins
Statements on Introduced Bills and Joint Resolutions
by Senator Susan M. Collins
COLLINS (for herself and Mr. King): S. 206. A bill to expand the HUBZone program for communities affected by base realignment and closure, and for other purposes; to the Committee on Small Business and Entrepreneurship.
Ms. COLLINS. Mr. President, today I am introducing legislation to expand the geographic boundaries of HUBZones located at former U.S. military installations closed through the so-called Base Closure and Realignment--or BRAC--process. This legislation mirrors S. 3675, the HUBZone Expansion Act of 2012, which I introduced with Senator Snowe last session.
I am pleased to have my new colleague from Maine, Senator Angus King, join me in offering this legislation. Senator King knows the impact a base closing can have on a local community all too well, coming as he does from Brunswick, ME, which recently lost a major military installation through the BRAC process. Military bases are often the economic heart of the towns and cities in which they are located, and communities can struggle for years to overcome the closure of those facilities.
In recognition of this fact, Congress passed legislation providing HUBZone status for 5 years to military facilities closed through the BRAC process. This allows small businesses located within the HUBZone to obtain certain federal contracting preferences. The HUBZone program is also available to small businesses located in ``economically distressed communities,'' that suffer from low income, high poverty rates, or high unemployment.
According to the Congressional Research Service, there are currently 127 BRAC-related HUBZones in the United States. Unfortunately, for many of the military bases that have been closed, HUBZone status has not brought the benefits we had hoped for. One of the reasons is simple-- the law defines the geographic boundaries of a BRAC-related HUBZone to be the same as the boundaries of the base that was closed. When that is combined with the requirement that 35 percent of the employees of a qualifying business must live within the HUBZone, the problem is clear: very few people live on these former bases, so it is difficult or impossible for businesses to get the workers they need to meet the requirements of the HUBZone program.
As I mentioned, one of these HUBZones is located at the former Brunswick Naval Air Station, in Brunswick, Maine. This facility closed in 2011, as a result of the 2005 BRAC round. When the Navy left, Brunswick and its neighbor, Topsham, lost more than 2400 military and civilian personnel. These two towns have a combined population of just 22,000, so losing the Naval Air Station has had a significant economic impact on them. Because so few people actually live within the boundaries of the former base, its HUBZone designation does not provide the help they need, and that we had hoped for.
My legislation would expand the geographic boundaries of BRAC-related HUBZones to include the town or county where the closed installation is located, or census tracts contiguous to the installation, up to a total population base of 50,000. This would provide a large enough pool of potential workers to enable qualifying businesses to locate within the HUBZone, and to help host communities overcome the loss of military installations closed through the BRAC process.
The Association of Defense Communities has endorsed the concept of expanding BRAC-related HUBZones in this manner. In December, the ADC wrote to Senate Armed Services Committee Chairman Levin and Ranking Member McCain, noting how important it is that ``Congress restore its intent to support BRAC-impacted communities attracting small businesses to help build and strengthen their local economies.'' Steve Levesque, the Executive Director of the Midcoast Regional Redevelopment Authority, or ``MRRA,'' which oversees the redevelopment of the former Brunswick Naval Air Station, has also urged Congress to modify the HUBZone program. In a letter to me last month, Steve explained that BRAC facilities do not have the residential areas needed to support the 35 percent residency requirement for businesses located within the HUBZone. As a consequence, these businesses cannot ``realize the HUBZone benefits for BRAC'd installations as envisioned by Congress.'' This point was underscored in a letter from Heather Blease, an entrepreneur who is hoping to locate a new business at the former Brunswick Naval Air Station. Ms. Blease describes the HUBZone law as ``flawed,'' because the 35 percent residency requirement makes it impossible for businesses like hers to achieve HUBZone status.
I ask my collegues to consider the legislation we are offering today to help communities get back on their feet after the loss of a military installation closed through the BRAC process.
Mr. President, I ask unanimous consent that letters of support be printed in the Record.
There being no objection, the material was ordered to be printed in the Record, as follows: Association of Defense Communities, Washington, DC, December 11, 2012.
Hon. Carl Levin, Chairman, Committee on Armed Services, U.S. Senate, Washington, DC.
Hon. John McCain, Ranking Member, Committee on Armed Services, U.S. Senate, Washington, DC.
Dear Mr. Chairman and Ranking Member McCain: The Association of Defense Communities (ADC) admires your longstanding support of current and former military communities. ADC, the leading organization representing those communities, always appreciates the opportunity to share information with you and your staff that may help strengthen communities with active installations and those that continue to redevelop following base closure or realignment.
Communities that have been impacted by Base Realignment and Closure (BRAC) often face severe economic distress for years, especially during times of national economic difficulty. To assist in these communities' recovery, Congress authorized in the Small Business Reauthorization Act of 1997 that BRAC- impacted communities would receive Small Business Administration HUBZone certification, a federal initiative that further helps small businesses in disadvantaged areas to compete for federal contracts. The designation gives small businesses relocating to closed military installation areas equal footing with businesses in other disadvantaged areas that receive the designation because of their location in under-utilized census tracts.
While the intent of Congress was to provide the HUBZone designation to help closed military installations attract small businesses, one aspect of the HUBZone program actually works against these redevelopment areas. To maintain HUBZone status, 35 percent of a business' employees must also live in a HUBZone area. Because a military installation's HUBZone area encompasses only the base itself, many closed military installations do not have a substantial number of HUBZone- certified residential areas from which to draw sufficient future employees for the businesses desiring to locate on those properties. Thus, it is often impossible for a business to qualify for HUBZone status and compete fairly against other small businesses.
Many defense community leaders are hopeful this issue can be resolved without additional spending, creation of a new government program or a change in government contracting goals. Senator Susan Collins is also working to address this issue during the final stages of the FY 2013 National Defense Authorization Act. We look forward to sharing further information with your office and hers to help explain why it is important to defense communities that Congress restore its intent to support BRAC-impacted communities attracting small businesses to help build and strengthen their local economies.
As always, ADC appreciate your service and support and hopes you will contact us if we may be of further assistance.
Respectfully, Robert M. Murdock, President, Association of Defense Communities.
____ Midcoast Regional Redevelopment Authority, Brunswick, ME, December 11, 2012.
Hon. Susan Collins, U.S. Senator, Dirksen Senate Office Building, Washington, DC.
Dear Senator Collins: I represent the Midcoast Regional Redevelopment Authority, which is charged with redeveloping the former Naval Air Station Brunswick, Maine that closed in 2011 and is now known as Brunswick Landing.
We seek your assistance in modifying the current federal program related to SBA HUBZones to make it a more effective tool for businesses locating at Brunswick Landing. Over the past several years, we have had several companies inquire about the current HUBZone status of the former NAS Brunswick. In fact, we are currently working with one company who is willing to locate here and create upwards of 200 jobs, if we are successful in getting the current HUBZone program for closed military installations broadened.
[[Page S445]] With the implementation of the latest 2005 BRAC round, a number of military installations have been closed across the country resulting in severe economic distress for those communities and States that have realized these closures. Redeveloping these BRAC'd properties proved quite difficult in good economic times, and now it is made even more difficult with the national and State economic recession we are experiencing.
While it would seem that the HUBZone designation for a closed military installation would be an aid to its redevelopment efforts, the 35% residency rule in the existing law actually makes the program not a very effective redevelopment tool for these properties at all. With the exception of closed military installations, most of the HUBZones in the Country are census tract based. Under current law, only the closed military base itself (i.e., the geographic area which used to be the former base) is designated as a HUBZone, which is a much smaller area than the census tract basis. Furthermore, many closed military installations do not have a substantial amount of residential areas from which to draw sufficient future employees (35%) for the businesses desiring to locate on those properties.
In addition the above, the Small Business Act established a five year time-frame for the duration of the HUBZone from the actual date of base closure. This is of particular concern given that the actual transfer of properties from the military services to the base closure communities often occurs many years following closure. Thus, these properties are not available for business development until actually transferred.
The net effect is that eligible HUB businesses seeking new or expanded opportunities on closed installations cannot meet these requirements and thus are not able to realize the HUBZone benefits for BRAC'd installations as envisioned by Congress. This issue exacerbates the difficulties for us and other similar communities to overcome the devastating economic effects of base closures.
In order to make the BRAC HUBZone designation an effective economic development tool for Brunswick Landing, as well as all the other closed installations across the country, the attached amendment language to the existing law is recommended. It should be noted that these recommendations do not create a new program, require additional government spending, or increase federal contracting goals.
Thank you for your service to our Country and the State of Maine and your thoughtful consideration of this request.
Sincerely, Steven H. Levesque, Executive Director.
____ Heather D. Blease, Freeport, ME, December 12, 2012.
Dear Senator Collins: I have established a new contact center business that focuses on providing service to the federal government. A key strategy for our success hinges upon the establishment of my business as a HUBZone certified entity.
As a native of Brunswick, Maine, I am keenly interested in locating my business at the former Brunswick Naval Air Station, now called Brunswick Landing. As a BRAC facility, the SBA rules limit the boundary of the HUBZone geographically to base property which has very few housing units.
In order to achieve HUBZone certification, 35% of my employees need to reside within the HUBZone.
As the law is written, I cannot locate at Brunswick Landing and hope to achieve HUBZone status. The BRAC HUBZone law is flawed as written. Our Congress attempted to create an economic development vehicle to help communities recover from base closures, but unless the law is tweaked, the HUBZone designation is meaningless.
Please help modify the existing definition for BRAC HUBZones by broadening the boundary of the HUBZone for closed military installations to include the surrounding community. In the case of my company, it provides me with HUBZone employees to put to work so I can meet the HUBZone certification requirements.
If the law is changed, I will locate my business at Brunswick Landing and provide hundreds of jobs to the economically depressed area. Otherwise, I will need to seek out other alternatives.
Thank you for your service to our country, the State of Maine and your interest in helping small businesses thrive.
With greatest respect, Heather D. Blease, CEO, Savi Systems, LLC.
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November 6, 2015 10:54 am July 14, 2019 8:58 pm
The Hive Opens, Buzzes With Activity
By Selena Spier 251 Views 0 Comment
(Will Gottsegen • The Student Life)
Rick and Susan Sontag Center for Collaborative Creativity, commonly referred to as the Hive, officially opened its doors to the public on Nov. 5. Even though in the days leading up to the opening it was in a state of cheerful chaos, its walls lined with sketches and scribbled ideas, by the time of the opening, the debris and Post-it notes had been replaced by a small art gallery and a button-making workshop in a backroom.
An enthusiastic buzz filled the building during the open house of the space. Students and faculty members milled around, talking about and admiring how the space had transformed since the conception of the project in 2014.
“It’s really exciting to see the space coming to life and all the student activity here,” Pomona College President David Oxtoby said.
In preparation for the open house, the center’s staff assembled a series of students’ photographs examining fluid mechanics. Each piece is accompanied by a brief written explanation that integrates poetry, science and artistic technique.
The center is the product of a $25 million gift by longtime donors Rick HM ’64 and Susan Sontag PO ’64 to the entire consortium. Its intent is to foster creativity and bring together students and faculty from all different disciplines to work together.
The center’s website states that its goal is to create an environment that encourages creativity, cooperation and problem-solving.
“We all wanted to create a space that was generative, that didn’t have any constraints on creativity,” said Noah Levan PZ ’16, one of the Hive’s student volunteers. “You have freedom to explore.”
The center hosts a variety of workshops every month in which every participant faced his or her fears in front of the group; its events calendar is available on the Hive’s website at creativity.claremont.edu. The building is also open to any student who wants to walk in and use the space and its materials.
According to Levan and Nicole Maslan CM ‘17, the center is a welcome respite from academics at the 5Cs.
“The culture embraces failure and trying new things and using your imagination,” Maslan said. “It’s a safe space in that sense.”
Tom Maiorana and Vida Mia García, both designers at the center, emphasized that it is a safe space meant to lend itself to creativity and transformation.
“The space changes depending on the needs and wants of the people in it,” García said. “It goes back to the co-creation: We don’t want to create something perfect and beautiful. We want people to come in and be active.”
5C Student Leaders Unite to Affirm Student Demonstration Rights
National Science Foundation Grant to Improve Relay of Space Imaging
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A Faustian approach to migration: how long can it hold?
TReitano / December 19, 2016
The morally ambiguous deal that the EU has made with Turkish President Recep Tayyip Erdogan to stop the surge of migrants across the Aegean is a mere 8 months old, and it is already failing on multiple fronts.
The EU’s €6 billion pact was a Faustian agreement: it may have dampened down the extreme levels of movement that characterised the latter half of 2015, but it has not stopped people risking their lives at sea in an attempt to migrate to Europe. A pivotal component of the agreement – return of even successful asylum candidates to Turkey – that was meant to deter the flow has become mired in overwhelmingly comprehensive and complex Greek asylum procedures. Only around 700 people have so far been returned – a mere 4% of the total population waiting in squalor in Greece for a decision – while 600 people a week continue to land on the Greek Islands, even now as weather worsens, and countless more stream undetected into Europe through Istanbul’s airports on fake passports.
For those committed to building peace and the resilience of communities, however, the EU-Turkey deal has set a disconcerting precedent. It has placed migration control ahead of other security and development priorities, and as a consequence, it looks likely to exacerbate fragility in a number of vulnerable contexts by resourcing and empowering conflict actors. Moreover, it has criminalised migration itself making migrants and refugees more vulnerable, and it has undermined the moral integrity of Europe as an actor on a global stage.
In return for border control on its Aegean coast, the EU has been forced to turn a blind eye to the growing authoritarianism of the Turkish regime and militant policies on its Syrian land border. Since March 2015, the 1,580km land border has been double fenced and land-mined, seriously restricting the capacity of refugees to escape the Syria conflict and allowing the build-up of communities of tens of thousands of displaced people behind the border. Following the coup attempt in July 2015, the Turkish regime has been accused of mass arrests, further repression of the media and civil liberties, as well as forced disappearances. Yet, for fear Erdogan may relax his vigilance over migrant routes, the EU must remain mute.
While arguably buying the EU only a bit of breathing space, the closure of the Turkish route has pushed migrants and refugees further east into the far more professional and violent networks facilitating sea crossings from Egypt and Libya. The result is that this year has just become the deadliest on record for sea crossings in the Mediterranean, with more than 4000 people known to have died. Countless more have died attempting to cross the Sahara, or are held in brutal conditions in situations of extortion and abuse. The enormous profits have been diverted into the pockets of Libya’s militias, further receding the opportunity of a swift or successful end to the violent maelstrom that Libya has become.
Despite its obvious flaws, the EU is keen to replicate this effort at outsourcing its external borders, prompting it to seek out deals with a sheaf of the world’s most recalcitrant states, including in the Horn of Africa. There are numerous reasons for concern. Under the Khartoum Process, the Rapid Support Forces (RSF) in Sudan, a group composed of former Janjaweed fighters at whose hands lie many of the atrocities in Darfur, are being empowered by Khartoum to serve as border guards. Their force commander recently promised an end to irregular migration if the EU would end the decade of sanctions against the regime. Ethiopia has also become a privileged partner to the EU, despite the increasingly violent response to the nationwide protests. Even Eritrea is being offered EU funds to reinforce its border control and intelligence capacity, despite its national policies and punitive military conscription being the largest reason migrants give for fleeing the country (and also ignoring the fact that skirmishes have broken out recently with Ethiopia over border control, highlighting yet another layer of incoherence surrounding the EU’s approach).
Unable to criticise their state ‘partners’, EU politicians and policy makers have turned to smugglers as the universal bad guy, repeatedly declare they are ‘at war’ with the smugglers and that they intend to ‘break the smugglers business model’. However, the evidence from our research, presented in our new book Refugee, Migrant, Smuggler, Saviour, suggests that smuggling is driven, rather than broken, by EU policy. The closure of borders and investments in state security regimes has significantly increased the demand for, and use of, smugglers who have become the only option for those unable to leave their countries or enter countries in which protection might potentially be available to them.
Whilst we focus on the danger, the violence and the costs of smugglers, for the migrants they are by far the more manageable risk and reliable solution than the capricious EU policies. Lodging a legitimate asylum claim through the proper channels may take years of waiting in limbo with no guarantee of a positive outcome. Smugglers will provide end-to-end transport in a matter of weeks. More importantly, as the popular rhetoric in the West is openly hostile and suspicious of migrants, this undermines the credibility of the humanitarian agencies. Migrants have said that they see registering with UNHCR, for example, not as a way to seek protection, but instead as a scheme set up by the West to block people from achieving their aspirations, register their identities and prevent their departure from camps. Smugglers, by contrast, are there to help the people – they are a lifeline, protectors and guides.
Fatima*, an educated young Syrian widow with a young son whose husband had died in the war, could never have escaped Syria without her smuggler: “I tried to continue my life in Latakia and take care of my child, but the explosions, the battles and the disappearances of people didn’t stop,” Fatima said, “Many women were kidnapped and raped. The city’s security was handed over to the government militias, constituted mainly by criminal gangs.” Her smuggler helped her flee the city with all of her possessions, helped her safely navigate checkpoints controlled by militant group Jabhat Al Nusra, protected her from harassment by Turkish soldiers by posing as her husband. She gives all thanks to him that her young son now has hope of a future.
The EU-Turkey deal set a bad precedent, and a sharp change in approach is needed. The EU has doubled-down on short-sighted, short-term policies that are more costly and that sacrifice peace, security and development at the altar of preventing immigration. In doing so, they exacerbate the insecurity and poor governance that prompts much of these mass movements, and have compromised the trust that migrants should have in the institutions and organisations intended to protect them. To protect migrants, improve migration management and redress the insecurities and inequalities that have generated it in the first place, the EU needs to empower a much wider set actors with an interest in sustainable peace, open channels for dialogue, and invest in safe-havens for those whose reason for moving is more than justifiable.
This was first published as a guest blog for Saferworld, 13 December 2016.
*Names have been changed.
December 19, 2016 in Blogs. Tags: EU, migration, politics, security, Turkey
Who are the smugglers bringing people to Europe?
Smuggled futures: the dangerous path of a migrant from Africa to Europe
The Economist / African Arguments review ‘Migrant, Refugee, Smuggler, Saviour’
← Who are the smugglers bringing people to Europe?
People smuggling in Libya: You can’t bomb away a problem of economics →
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What is Totseans.com?
Founded in December 2011, Totseans.com is a place to share, learn and discover information on various subjects. Here, you’re able to freely speak your mind without being censored or shot down, and you can rest assured that your knowledge will be passed on to other like-minded people who are willing to listen. We believe in a world where information and knowledge is free and of the highest quality, with no strings attached.
Hungry for History? Read on and discover our roots…
Oh yes, the story goes much deeper than that. It all dates back to as far as 1989 with the launch of a Dial-Up BBS under the name of TOTSE – the Temple Of The Screaming Electron.
TOTSE was started by Jeff Hunter (a founding member of NIRVANAnet) originally named “& the Temple of the Screaming Electron”. The original &TOTSE specialized in small text files. (Hunter had an old 8088 PC XT clone with limited hard drive space; small text files were the only data he could store in reasonable quantity.) TOTSE became available on the Internet in 1997, and the dial-up BBS system was discontinued in the spring of 1998. TOTSE was closed on January 17, 2009, after a goodbye message was posted on the front page of the website by Jeff, thanking the users for the last 20 years.
Many people went their separate ways after the website disappeared into a cloud of smoke, kickstarting the launch of several new communities with the same motives and mindset as the original TOTSE. Some are still online to this very day, although it is widely agreed that none of them could ever come close to being anywhere near as good as the great original. One of these communities was launched under the name of totse.info in 2010, looking almost identical to totse.com and sporting a complete range of archived text files from the original temple. It looked promising, and soon people began signing up.
Things looked good, but the place lacked any real direction. It was almost like a lost ship at sea, floating aimlessly, hoping land would appear on the horizon. But that land never did show up, and .info began to lose its initial drive. Things slowed down, efforts to get the site back up to speed proved to be hopeless and the community began to see it’s foundations crumbling beneath itself. Needless to say, lessons were learned during the whole year that the site was online.
It was obvious – nothing could ever replace the original Temple Of The Screaming Electron. The original members had mostly long gone, nothing was left other than some crappy old text-files and some old forum archives which weren’t any use to anybody. However, there has been one vital component which hasn’t died out, and never will…
The Totsean Spirit
During the time we’ve all spent at various corners of the internet, we’ve come to realize that being a Totsean doesn’t depend on the fact that you were part of a certain website at a certain time. Being a Totsean is a way of life. It’s a certain mindset that’s present in many people from all over the world. It’s that mindset which makes you want to learn new things, share information with others and make the world a more interesting and enjoyable place to live in. We believe there’s a little Totsean Spirit in all of us, and we’ve created this website to let you express your inner Totsean with the rest of us like-minded people.
Serendipitous Critter
Yeah! You’re back!
slasher_13
I miss the original Totse. You know, back when there were a bunch of little banners on the left hand side. The place felt mysterious and shady, and my 13 year old self spent countless hours on there reading about ways to become a better delinquent and debating music and opinions. The flame wars were legendary. That was back when the internet was good.
Try totse.totseans.com
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Zee Kannada Today's TV Schedule
TV listing of 38 shows for Zee Kannada, today.
Shivajinagar 02:00:00 AM 04:40:00 AM Ramu grows up under difficult conditions that make...Ramu grows up under difficult conditions that make him a violent person. When he learns that a local thug is wreaking havoc and troubling his family, he decides to put an end to his atrocities.
Aaradhane 04:40:00 AM 05:00:00 AM Devotees from across the world sing, dance and tak...Devotees from across the world sing, dance and take part in musical gigs performed by various artists to praise the Almighty.
Patanjali 05:00:00 AM 06:00:00 AM Baba Ramdev, an Indian yoga guru, demonstrates the...Baba Ramdev, an Indian yoga guru, demonstrates the various practices that one can incorporate into their daily lives to remain peaceful and healthy.
R M M 06:00:00 AM 06:30:00 AM The presenter shows a wide array of household prod...The presenter shows a wide array of household products that can be purchased from the comfort of one's home and explains their functions and parts.
Calvary Swara 06:30:00 AM 07:00:00 AM A renowned religious scholar delivers a discourse ...A renowned religious scholar delivers a discourse describing Jesus's crucifixion and encourages followers to lead a pious life.
Maharshi Vaani Live 08:00:00 AM 09:30:00 AM Shri Maharshi Ananda Guruji makes predictions for ...Shri Maharshi Ananda Guruji makes predictions for people from different sun signs based on planetary motions and also elucidates the problems of the callers, live.
Gattimela 09:30:00 AM 10:00:00 AM Parimala, a mother of four young women, runs a sma...Parimala, a mother of four young women, runs a small catering business to sustain their livelihood. Her biggest dream is to be able to arrange a grand wedding for each of her children.
Paaru 10:00:00 AM 10:30:00 AM A poor girl falls in love with the rich boy while ...A poor girl falls in love with the rich boy while trying to overcome the social and class-based boundaries that have been imposed on her.
Brahmagantu 10:30:00 AM 11:00:00 AM Geetha, who is also called as Gundamma, is overwei...Geetha, who is also called as Gundamma, is overweight. She dreams of marrying a handsome man but faces problems due to her physical appearance.
Radha Kalyana 11:00:00 AM 11:30:00 AM Series revolves around Radhika, an orphan girl who...Series revolves around Radhika, an orphan girl who is adopted by Poornachandra Shastry and Devaki. She dreams of a perfect marriage like any other girl. What does fate have in store for her?
Kamali 11:30:00 AM 12:00:00 PM Kamali, a village girl and a Kabbadi enthusiast, h...Kamali, a village girl and a Kabbadi enthusiast, has to pass through a lot of hurdles in order to fulfil her dreams.
Subbalakshmi Samsara 12:00:00 PM 12:30:00 PM Subbalaksmi, a simple housewife, is head over heel...Subbalaksmi, a simple housewife, is head over heels in love with her husband and tries her best to please him. However, she is unaware of his love-affair and wonders why he does not care about her.
Naagini 12:30:00 PM 01:00:00 PM Naagini's parents are killed by greedy humans for ...Naagini's parents are killed by greedy humans for the 'Nagmani'. However, later, she assumes the form of a beautiful damsel and goes in search of the culprits to exact her revenge.
Yaare Nee Mohini 01:00:00 PM 01:30:00 PM Nilambari marries Mutharasan, a rich widower, and ...Nilambari marries Mutharasan, a rich widower, and secretly plots to amass all his wealth. However, Mutharasan's first wife Chitra's spirit foils her evil plans.
Brahmagantu 01:30:00 PM 02:00:00 PM Geetha, who is also called as Gundamma, is overwei...Geetha, who is also called as Gundamma, is overweight. She dreams of marrying a handsome man but faces problems due to her physical appearance.
Radha Kalyana 02:00:00 PM 02:30:00 PM Series revolves around Radhika, an orphan girl who...Series revolves around Radhika, an orphan girl who is adopted by Poornachandra Shastry and Devaki. She dreams of a perfect marriage like any other girl. What does fate have in store for her?
Paaru 02:30:00 PM 03:00:00 PM A poor girl falls in love with the rich boy while ...A poor girl falls in love with the rich boy while trying to overcome the social and class-based boundaries that have been imposed on her.
Gattimela 03:00:00 PM 03:30:00 PM Parimala, a mother of four young women, runs a sma...Parimala, a mother of four young women, runs a small catering business to sustain their livelihood. Her biggest dream is to be able to arrange a grand wedding for each of her children.
Kamali 04:00:00 PM 04:30:00 PM Kamali, a village girl and a Kabbadi enthusiast, h...Kamali, a village girl and a Kabbadi enthusiast, has to pass through a lot of hurdles in order to fulfil her dreams.
Weekend With Ramesh 04:30:00 PM 06:00:00 PM Host Ramesh Arvind invites some of the prominent p...Host Ramesh Arvind invites some of the prominent personalities from Karnataka to talk about their personal and professional lives.
Mahadevi 08:30:00 PM 09:00:00 PM Sundari and her family depend on the Mahadevi temp...Sundari and her family depend on the Mahadevi temple for their livelihood. But, being a non-believer in God, Sundari faces several challenges in her life.
Athma Bandhana 10:30:00 PM 11:00:00 PM Arati and her children, Chaitra and Chiru, meet wi...Arati and her children, Chaitra and Chiru, meet with an accident in which she is able to save only Chaitra. However, Arati seeks forgiveness from Chiru, but his soul returns to avenge his death.
Yaare Nee Mohini 11:30:00 PM 12:00:00 AM Nilambari marries Mutharasan, a rich widower, and ...Nilambari marries Mutharasan, a rich widower, and secretly plots to amass all his wealth. However, Mutharasan's first wife Chitra's spirit foils her evil plans.
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Alyssa Milano: Why Health Care Will Decide My Vote in 2018
By Alyssa Milano
Milano is an actor, activist and a Co-Chair of the Health Care Voter campaign.
Let’s be perfectly clear: Donald Trump and Republicans in Congress are a direct threat to Americans’ access to quality, affordable health care.
Over the past year, the Trump Administration and congressional Republicans have made it clear that they will stop at nothing to rip health care away from those who need it most, with near-constant attacks on Americans’ well-being and financial security. This year alone, Republican sabotage resulted in over 3 million Americans losing their coverage.
But with this year’s critical midterm elections fast approaching, we have a chance to stop these cruel and careless attacks by becoming health care voters.
After the election, so many of us around the country found a voice and a community in resistance. We were angry and frustrated and ready to fight back. People channelled that energy into marches and rallies, millions of calls to Congress and civil disobedience — all to protect our care.
As a Co-Chair for Health Care Voter, I’ve continued to support that grassroots energy by making health care my highest-priority issue this November. Earlier this year, we launched a campaign that aims to have one million constituents in communities from coast to coast pledge to defend the progress we’ve made.
Since Trump’s inauguration, we have witnessed a wave of people working against Republican efforts to undermine and threaten our access to affordable health insurance. People from across the country have spoken out and shared their stories to show the impact of these devastating cuts to health care.
But we cannot and will not stop demanding that the GOP quit playing politics with people’s lives.
Before the Affordable Care Act, millions of Americans with chronic illnesses and pre-existing conditions had to sacrifice far too much to afford the care they and their families needed. With their votes, Republicans have shown that they want to return to the days when families had to choose between refilling a child’s inhaler and putting food on the table, or when people paid for their insulin over their mortgage.
We know that Republicans in Congress are scheming behind closed doors to further sabotage our health care system. They’ve refused to reauthorize the Children’s Health Insurance Program, which provides health coverage to more than nine million children nationwide. They’ve proposed cutting funding to Medicare to give tax cuts to millionaires and wealthy corporations. And they’ve worked to eliminate coverage for veterans, make seniors pay more for insurance and eliminate protections for people with pre-existing conditions.
We know that the Trump Administration has worked since day one to undermine the access to health care and silence those who have spoken out against his reckless policies. He’s slashed the budget for educating the public about enrolling for health insurance under the ACA. He nominated a former pharmaceutical executive who tripled the price of insulin to lead the Department of Health and Human Services. And his administration proposed new rules that would end Medicaid as we know it by allowing states to enforce work requirements.
But we also know that when we show up, speak out and fight back, we win.
Time and again, Americans have resoundingly rejected the Republican approach to health care. With electoral victories in Alabama, Maine, Virginia and Wisconsin, health care voters have shown that they will hold Republicans accountable for voting to strip health coverage from millions and threatening families’ futures.
Health care will be a defining issue in the 2018 elections, and as we move toward the midterms and beyond, we have a responsibility to build upon the momentum we’ve created by voting for candidates who support our access to health coverage and by voting out those who have worked to block it.
Our health care, our financial security and our lives will be under threat until we have representatives who will fight to protect us. But as advocates, as consumers and as health care voters, we have the power to turn our calls, marches, rallies and shouts into results at the polls.
After everything we’ve fought against this year, we have no choice but to turn our anger into action and our voices into votes. Too many lives are at stake to sit this out. It’s time to be a health care voter.
TIME Ideas hosts the world's leading voices, providing commentary on events in news, society, and culture. We welcome outside contributions. Opinions expressed do not necessarily reflect the views of TIME editors.
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Parzor Foundation
Dr. Shernaz Cama
Dr. Kapila Vatsyayan
Prof. Armaity S. Desai
Mr. Dadi Pudumjee
Mrs. Ava Khullar
Dr. (Mrs.) Niloufer Shroff
Parzor Patrons
Dr. Karan Singh, M.P.
Mr. Fali S.Nariman
Mr. Tirlochan Singh
Mr. Minoo Shroff
Mr. Dinshaw Tamboly
Mr. Wajahat Habibullah
Ms. Aban Marker-Kabraji
Introduction to Avestan – An Educational Outreach Programme of SOAS, University of London and Bhandarkar Oriental Research Institute, Pune and UNESCO Parzor in July.
Parsi Khabar
Parsis: The Zarathushtis of India and The World
Tuesday, May 19th 2015 edition:
An Introduction to the Avestan Language by Prof. Almut Hintze
By arZan on May 18, 2015 05:32 pm
UNESCO Parzor is happy to announce the first of the Educational Outreach programmes in collaboration with SOAS, University of London.Professor Almut Hintze, Zarthoshty Brothers Professor of Zoroastrianism, will be offering a 10 day Course at the Bhandarkar Oriental Research Institute, Pune this July. Due to a kind donation there is no fee for this course. At the end of an intensive programme the student will have acquired an Introduction to Avestan, with a comparative perspective of the Indo- Iranian heritage shared by Vedic and Avestan.
Therefore this Course is of interest to all those who are students of Vedic Studies and will add to their knowledge.
Bhandarkar Oriental Research Institute, Pune and SOAS, University of London, supported by UNESCOPARZOR
proudly announce the course
An Introduction to the Avestan Language
Made possible through a generous donation from France, this free course enables students of all backgrounds to study the ancient language of Zoroastriansm.
The course is designed to provide students with a clear understanding of the basic principles of the Avestan language in a way that enables them to translate simple Avestan texts.
Dates: Monday, 6 July – Friday, 17 July 2015
Venue: Bhandarkar Oriental Research Institute, Pune, India
Teacher in Charge: Almut Hintze, Zartoshty Brothers Professor of Zoroastrianism, SOAS, University of London
Bhandarkar Oriental Research Institute, Pune
6–17 July 2015
Mon-Fri: 11am–1pm & 2–4pm
About the course. The Bhandarkar Oriental Research Institute is delighted to announce a short term course in Avestan Language and Literature that has been made possible thanks to the donation
of a donor from France. The course will be conducted at the Institute from 6–17 July 2015. This course is an introduction to the language of the Avesta, the earliest and sacred text of the
Zoroastrian community in Iran, India and a world-wide diaspora. No prior knowledge of the language is required, but familiarity with Sanskrit will be an advantage as Avestan will be studied in
comparison with Vedic Sanskrit. The course is designed to provide students with a clear understanding of the basic principles of the Avestan language in a way that enables them to translate simple Avestan texts and to analyse their grammar.
Students who complete the course successfully will be able to handle simple primary sources of the Zoroastrian religion in the original Avestan and to assess critically translations made by various scholars. The course is based on lessons covering basic grammar and on the reading of texts. The essential course books are in English and no knowledge of any other specific language will be required, though a general familiarity with standard grammatical terminology and concepts will be an advantage.
Significance of the course.
This course has been made possible thanks to a donation of an anonymous donor from France. It is designed to benefit students and scholars of various disciplines and the wider public, in particular the Parsi community. It contributes to Oriental Studies, Vedic Studies and Indian Culture by teaching the Avestan language in a comparative perspective that takes into account the common Indo-Iranian heritage shared by Vedic and Avestan. The course thus contributes to Vedic as well as Zoroastrian Studies.
The Bhandarkar Oriental Research Institute is ideally suited for hosting this course thanks to its excellent location and collections of books and documents, in particular of Avestan manuscripts.
The course is designed to contribute to BORI’s outstanding reputation as a centre of Oriental Studies.
The course teacher
Prof. AlmutHintze is Zartoshty Brothers Professor of Zoroastrianism in the Department of the Study of Religions, School of Oriental & African Studies, University of London. Holding degrees from the universities of Heidelberg, Oxford, Erlangen and Berlin, her field is Indo- Iranian Studies with special emphasis on Avestan language, Zoroastrian literature, beliefs and religious practice. Her major publications include a study of the semantics of words for ‘reward’ in Vedic and Avestan (2000), commentaries and annotated editions of Zoroastrian sacred texts, such as the AvestanZamyādYašt (1994) and the Yasna Haptanghaiti (2007), and, with Dastur F M Kotwal, a facsimile edition of the KhordeAvesta and Yasht manuscript E1. She is currently leading a team of young scholars working on an edition and translation of the Avestan and Pahlavi versions of a major Zoroastrian ritual, the Yasna.
Attendance of this course is free of charge.
Prof. Dr. S. S. Bahulkar,
Honorary Secretary In-charge
Bhandarkar Oriental Research Institute, Pune 411 004 India
Email: shrikant.bahulkar@gmail.com
Phones: +91-9272296556 (Cell Phone)
+91-20-25661363 (Office, Direct Line); +91-20-25656932 (Office)
Download Application Package Introduction to Avestan SOAS – BORI Course, Pune
The post An Introduction to the Avestan Language by Prof. Almut Hintze appeared on Parsi Khabar.
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Yet more chavista thugs
Ramón Rodríguez Chacín
Yesterday we started out on a little tour through the swamps of chavista criminality. First up was Hugo Carvajal, a longtime pal of Hugo Chávez who served as his main conduits to the FARC terrorist group, with which the Bolivarian regime enjoyed very friendly relations.
Deserving of mention alongside Carvajal is Ramón Rodríguez Chacín, who held two cabinet positions under Chávez, served as his intelligence chief, and is now governor of the state of Guarico. Although he co-founded the Comando Específico José Antonio Páez (CEJAP), an elite force purportedly established to quell FARC and another Colombian guerilla group, ELN, he (along with Carvajal) acted as the top middleman between Chávez and FARC, with whose leaders he has close friendly relations. One source described him in 2009 as having been “Chávez’s personal liaison to the senior FARC leadership since 1994, when Chávez and Rodríguez Chacín met in Colombia with several members of the FARC’s directorate to forge a political alliance.” The U.S. has called Rodríguez Chacín FARC’s “main weapons contact” in the Venezuelan government, and has even said that he tried at one point to arrange a quarter-billion-dollar loan to the terrorist group. Between 2002 and 2007, he “traveled frequently under at least four false identities (but with legal Venezuelan passports and identity documents) to countries like Colombia, Ecuador, Panama, Peru, Paraguay, Bolivia, Brazil, Nicaragua, El Salvador and Mexico.”
With Maduro
There’s more. Rodríguez Chacín helped Chávez plot “Operation Knockout,” a plan “to instigate a coup attempt against his government in order to justify declaring martial law and crushing his political opponents.” In the 1980s, he played key roles in a cold-blooded operation in which 42 people were killed and in the brutal massacre of fourteen fisherman in the town of El Amparo. As of 2009, he was “believed to be the military commander of the Bolivarian Liberation Front (FBL), a nominally all-Venezuelan Marxist guerrilla (militant) group which operates in Border States like Apure, Barinas and the Andes region.”
José Vicente Rangel
Then there’s José Vicente Rangel Vale, a sometime journalist who went on to hold two cabinet positions under Chávez before becoming his Vice President. Not only was he a good pal of the caudillo; he’s also a fan of the Cuban Revolution, and back in the day encouraged friendly relations with Saddam Hussein and Muammar Qaddafi.
A few random items from his CV. With Chávez, he hatched plans to – among other things – kidnap a union boss, assassinate opposition leaders, and “organize fake terrorist attacks.” He was behind the 2004 car-bomb explosion that killed public prosecutor Danilo Baltasar Anderson, who’d threatened to expose Rangel’s involvement in an extortion network.
Once, when riots were taking place in Caracas, a reporter who’d just witnessed them – and was still coughing from the tear gas – was told flatly by Rangel that there were no riots. “That, dear reader,” wrote journalist Francisco Toro after Rangel’s departure from the Vice Presidency, “was José Vicente Rangel. That was his modus operandi: untrammeled contempt for his former profession, barely concealed delight at the way power allowed him to piss all over the truth, to flaunt his ability to lie and lie again, ever more outrageously, without anyone being able to hold him to account for it.”
In recent years, Rangel has been active as a TV and print journalist – or, more accurately, as a vigorous promoter and propagandist for the Maduro regime. On July 10, he turned 87. Maduro tweeted his congratulations, thanking Rangel for his loyalty “to the People, to Chávez, and to the Socialist Revolution.”
Bolivian Liberation FrontCEJAPELNFARCHugo CarvahalHugo ChávezJose Vicente Rangel ValeMuammar QaddafiNicolas MaduroRamon Rodriguez ChacinSaddam Hussein
Posted on July 23, 2015 July 20, 2015 by usefulstooges in corruption, Human rights, Venezuela 0
Previous postThose chavista stooges
Next postInside the “Bolivarian Circles”
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Read Next: Power Restored in New York City After Massive Outage Hits Broadway
Len, Asleep in Vinyl
It may not be a full album, but it has a couple of great tracks. "Len, Asleep in Vinyl," Carly Mensch's enthusiastically slight new play about musicmakers, makes good on its small ambitions quickly, quirkily and with considerable style.
By Sam Thielman
Sam Thielman
National Geographic, Electus in TV deal
Lifetime moves on to ‘Ice Moms’
Gotham TV prod’n at record levels
Len - Michael Cullen Zoe - Megan Ferguson Max - Daniel Eric Gold Isabelle - Leslie Lyles William - Dan McCabe
It may not be a full album, but it has a couple of great tracks. “Len, Asleep in Vinyl,” Carly Mensch’s enthusiastically slight new play about musicmakers, makes good on its small ambitions quickly, quirkily and with considerable style. Mensch’s slick dialogue is an excellent match for Jackson Gay’s offbeat directorial style, and the playwright’s fisheye-lens characterization keeps things interesting even when the plot stalls. Leads Michael Cullen and Daniel Eric Gold make potentially unbearable characters easy to like with excellent turns as a disappointed punk rock father and a shy hipster son, respectively.
The reasons to take a producing risk on the relatively untried Mensch are apparent from the first few moments of “Len”: the title character (Cullen) and his unlikely offspring Max (Gold) articulate their badly bruised relationship in a number of bizarre and inventive ways, starting when Len snatches away Max’s cell phone and crams it into his mouth.
When he’s had a chance to calm down, Len, who is on a sort of vacation from life at his woodland cabin, explains himself: “I don’t want that thing ringing in the middle of the night. Calling out into the darkness. Like that book.”
“The book that goes ring in the night?” asks an exasperated Max.
“‘Are You There God, It’s Me, Margaret,'” explains his father.
Judy Blume is not the sum total of Len’s cultural knowledge, but she may represent the pinnacle of his maturity: a brilliant record producer and a survivor of the hedonistic ’70s rock scene, Len longs for a time when rock stars “did liquid Vicodin and killed their girlfriends in cheap hotels.” He’s become a shadow of his former self after winning a prestigious music award for flooding the nation’s record stores with pop pap “performed” by an eye-candy ear irritant named Zoe (Megan Ferguson), who shows up to pester him and flirt with Max.
The problem is that Zoe and Max are the people Len is trying to escape — they remind him of his regrets, which is why he holed up in the cabin in the first place. After briefly attempting to socialize, Len goes AWOL and leaves Max to wrangle Zoe and start searching for him, which prompts Max to call in reinforcements in the form of his nutty mom Isabelle (Leslie Lyles).
Isabelle is one of those women who probably used to look like a million dollars tax-free and talk like a Raymond Chandler novel. Her frank confrontations with Zoe (“I can see your tits.”) and Len are among the funniest moments in the play and suggest that a whole second act might be possible. Maybe even a third.
Ultimately, though, Mensch is more interested in Len and Max’s relationship, though she’s not sure which of them deserves the play’s focus. At first, it seems to belong to everyman Max, but the end of the show (and the title) suggests this is Len’s story, which would be easier to believe if he wasn’t offstage for nearly 20 of the play’s 70 minutes.
In Len’s absence, Max is given a chance to dominate, and to present himself as the world’s only endearing hipster. Mensch has gone to great lengths to make his us forgive his basic uselessness, and his quest to earn his dad’s approval with his new “literate indie folk” record (“We’re really careful about not being twee”) is touching, especially in contrast to the efforts of William (Dan McCabe), a local high schooler with similar designs on Len, whom he idolizes.
Strangely, it’s the epilogue, not the denouement, that steals the thunder from “Len, Asleep in Vinyl.” It’s confusing to see Len come to an epiphany while Max wanders off unfulfilled, but it’s also in keeping with other moments in the play that belie the mature professionalism in Mensch’s surefooted dialogue.
The structure here is shaky, but that can be easily fixed with more experience as Mensch continues working. As much fun as “Len, Asleep in Vinyl” is, it’s an EP at most. But it suggests a killer breakout record in the works.
McGinn/Cazale Theater; 108 seats; $50 top
Production: A Second Stage Uptown presentation of a play in one act by Carly Mensch. Directed by Jackson Gay.
Creative: Set, Wilson Chin; costumes, Jessica Ford; lighting, Matthew Richards; sound, Mark Huang; production stage manager, Lori Anne Zepp. Opened June 2, 2008. Reviewed June 1. Running time: 1 HOUR, 10 MIN.
Cast: Len - Michael Cullen Zoe - Megan Ferguson Max - Daniel Eric Gold Isabelle - Leslie Lyles William - Dan McCabe
Eric Blume
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Yes, #BlackLivesMatter Is About Hate
Posted on | September 23, 2016 | 3 Comments
“With Election Day only weeks away, it is possible the chaos in the Tarheel State is part of a left-wing get-out-the-vote effort to foment unrest in the state’s black communities. . . .
“Riots, of course, are the stock in trade of radical speculator George Soros, the preeminent funder of the Left who has given generously to Black Lives Matter. Soros has a long history of underwriting violence and civil unrest not just in America but all over the world.”
— Matthew Vadum, “Charlotte Burning,” Sept. 22, 2016
“Seriously, what are you supposed to do if an angry mob surrounds your car and you’re trapped? I guess you can sit and wait for help to arrive, and pray that help arrives in time. But when the angry mob is also trying to throw white people in fires, the help might be too busy to get there in time to save you. So really, what the hell do you do?”
— The Lonely Conservative, “If Your Car Is Surrounded By A Rioting Gang Of Thugs What Do You Do?” Sept. 22, 2016
It should not be necessary, after a year of CNN-inspired race riots, to explain that #BlackLivesMatter is not a spontaneous grassroots movement about curbing police brutality. The movement launched last year is led by professional activists, funded by a network of “progressive” tax-exempt foundations (connected to billionaire George Soros) in consultation with Democrat Party operatives. A major goal of #BlackLivesMatter is purely political — i.e., driving black voter turnout to help elect Hillary Clinton and other Democrats — and also to influence public policy, to undermine law enforcement and, arguably, to infringe free speech protections. (Glenn Reynolds has been suspended from USA Today for his “run them down” tweet.) By inciting riots in the black community, the Left simultaneously incites fear in the white community, and when white people condemn the kind of criminal violence #BlackLivesMatter inspires — first in Ferguson, then in Baltimore, most recently in Charlotte — this response is labeled “racism.” No one can credibly claim Professor Reynolds is a racist, and yet his “run them down” tweet made him a target of the Thought Police, and the online progressive bully mob turned its rage against him. Thus are the limits of discourse increasingly narrowed in a way that favors the Democrat Party.
This is not an accident.
These consequences of the #BlackLivesMatter movement — which the Democrat Party’s media machine, particularly CNN, have helped promote — were predictable, and it is therefore not a paranoid “conspiracy theory” to assume that these consequences are entirely intentional. It would be naïve in the extreme to suppose that the professional activists who descended on Ferguson, Missouri, in August 2014 didn’t know what they were doing, or what the results would be. Militant anarchists produce violent chaos, racial mau-mauing begets hostility, and history provides enough lessons about where such movements lead that only fools could believe that the sponsors of #BlackLivesMatter (including CNN and the Democrat Party) did not foresee the consequences.
That message to truck drivers (including my brother Kirby) to “avoid the area near I85 and I77 if at all possible” was sent out Wednesday night after a criminal mob descended on the freeway in downtown Charlotte, intent on perpetrating violence. As Professor Reynolds pointed out in his statement to USA Today, his “run them down” tweet was in response to a local TV reporter’s interview with a driver whose truck had been looted by the vandal horde: “She is still inside her truck as people loot her cargo and burn it. She fears for her life. . . . ‘I understand they want to make a statement but they are hurting innocent people trying to make a living.’ . . . This was an absolutely horrifying interview. She kept asking me where police are. She’s trapped inside as people destroy her truck and cargo.” It was this threat to an innocent civilian — a female truck driver, surrounded by a mob of dangerous thugs, with no police protection amid the violent riot #BlackLivesMatter activists had deliberately provoked — that brought back a vivid memory of the past for Professor Reynolds: “I remember Reginald Denny, a truck driver who was beaten nearly to death by a mob during the 1992 Los Angeles riots.”
Young people have no memory of the 1992 riots, which were arguably caused by CNN’s dishonest editing of the video in which Rodney King was arrested by Los Angeles police. If you watched the full-length video, and knew that Rodney King was under the influence of PCP at the time he was confronted by police after a high-speed pursuit, you realized that the baton-wielding police were dealing with a dangerously violent suspect who had already been tazed and was still resisting arrest. How are police to handcuff a suspect who is resisting arrest? When a criminal is apprehended and refuses to comply with the commands of officers armed with pistols, this always creates a life-or-death situation for police, because a struggling suspect may attempt to grab the officer’s weapon. Does “social justice” require police suffer death or injury rather than to use their batons to subdue a violent criminal? This was what anyone with common sense could see, once the full video of the Rodney King arrest was shown and the relevant facts had been reported. However, because CNN had spent several days repeatedly broadcasting a deceptively edited version of the video before the full version was finally shown, they created a false impression of the situation that led to the L.A. riots in which the truck driver Reginald Denny was nearly killed.
History teaches us lessons, and anyone old enough to remember 1992 knew what the consequences of #BlackLivesMatter would be. Are we to believe that #BlackLivesMatter leaders, and their accomplices at CNN and in the Democrat Party, did not also foresee this result?
Let’s be clear that these riots are anti-cop and pro-criminal. The Charlotte riot was about the police shooting of Keith Scott:
A public records search shows that Scott was convicted in April 2004 of a misdemeanor assault with a deadly weapon charge in Mecklenburg County. Other charges stemming from that date were dismissed: felony assault with a deadly weapon with intent to kill, and misdemeanors assault on a child under 12, assault on a female and communicating threats.
In April 2015 in Gaston County Court, Scott was found guilty of driving while intoxicated.
In 1992, Scott was charged in Charleston County, S.C., with several different crimes on different dates, including carrying a concealed weapon (not a gun), simple assault and contributing to the delinquency of a minor. He pleaded guilty to all charges.
Scott also was charged with aggravated assault in 1992 and assault with intent to kill in 1995. Both charges were reduced, but the disposition of the cases is unclear.
According to Bexar County, Texas, records, Scott was sentenced in March 2005 to 15 months in a state jail for evading arrest. In July of that year, records show, he was sentenced to seven years in prison on a conviction of aggravated assault with a deadly weapon. A Texas Department of Criminal Justice spokesman said Scott completed his sentence and was released from prison in 2011.
Keith Scott was prohibited from possessing a gun due to his gun assault conviction where he pleaded no contesthttps://t.co/4rBG9YyCgY#CNN
— Michael (@Canine_Rights) September 22, 2016
Charlotte police chief: Keith Lamont Scott exited his vehicle with a handgun despite officers' commands to drop the weapon. pic.twitter.com/Kv8X9RgNmK
— Fox News (@FoxNews) September 21, 2016
Keith Scott was a career criminal with a record in three states. He had a history of armed violence. His victims included women and children. Certainly, he was not a symbolic hero of “social justice.”
#BlackLivesMatter is a racial hate movement, organized with the assistance of the Democrat Party and its media apparatus, with the goal of exploiting hatred in order to elect Hillary Clinton president.
Rioting May Tip Presidential Scales
in Crucial North Carolina
— Bloomberg News
Charlotte protesters ‘hate white people,’
NC Congressman Robert Pittenger says
— Charlotte News-Observer
“Run them down”? Or vote Republican. Same difference.
If Your Car Is Surrounded By A Rioting Gang Of Thugs What Do You Do?: https://t.co/GfgBcisogU
— lonely conservative (@lonelycon) September 23, 2016
Category: CNN, Crime, Election, George Soros, Hillary Clinton, Media Bias, Racism
3 Responses to “Yes, #BlackLivesMatter Is About Hate”
Those Eyes: Hillary is Buggy… but Why? | Regular Right Guy
September 23rd, 2016 @ 12:49 pm
[…] Yes, #BlackLivesMatter Is About Hate […]
FMJRA 2.0: Let The Music Do The Talking : The Other McCain
September 24th, 2016 @ 9:24 pm
[…] Yes, #BlackLivesMatter Is About Hate Regular Right Guy Batshit Crazy News […]
So, the bathroom thing isn’t the only reason to avoid North Carolina now, right? | Dave Alexander & Company with David Edgren and Gus Bailey – The Artisan Craft Blog
[…] Source: The Other McCain […]
In The Mailbox: 07.17.19
Wes Pruden, R.I.P.
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Home Breaking Breaking: Don’t Seek Re-Election, Go And Rest, Obasanjo Tells Buhari
Breaking: Don’t Seek Re-Election, Go And Rest, Obasanjo Tells Buhari
Former President Olusegun Obasanjo on Tuesday, has asked President Muhammadu Buhari not to seek re-election in 2019. In a 13-page statement, titled special press statement , “The Wat Out: A Clarion Call for Coalition for Nigeria Movement” Obasanjo said President Buhari has performed far below expectation and should honourably “dismount from the horse” to join the league of the country’s former leaders whose “experience, influence, wisdom and outreach can be deployed on the side line for the good of the country.”
The full Text reads:
THE WAY OUT: A CLARION CALL FOR COALITION FOR NIGERIA MOVEMENT
Special Press Statement By President Olusegun Obasanjo
Since we are still in the month of January, it is appropriate to wish all Nigerians Happy 2018. I am constrained to issue this special statement at this time considering the situation of the country. Some of you may be asking, “What has brought about this special occasion of Obasanjo issuing a Special Statement?” You will be right to ask such a question.
But there is a Yoruba saying that ‘when lice abound in your clothes, your fingernails will never be dried of blood’. When I was in the village, to make sure that lice die, you put them between two fingernails and press hard to ensure they die and they always leave blood stains on the fingernails. To ensure you do not have blood on your fingernails, you have to ensure that lice are not harboured anywhere within your vicinity. The lice of poor performance in government – poverty, insecurity, poor economic management, nepotism, gross dereliction of duty, condonation of misdeed – if not outright encouragement of it, lack of progress and hope for the future, lack of national cohesion and poor management of internal political dynamics and widening inequality – are very much with us today. With such lice of general and specific poor performance and crying poverty with us, our fingers will not be dry of ‘blood’.
Four years ago when my PDP card was torn, I made it abundantly clear that I quit partisan politics for aye but my concern and interest in Nigeria, Africa and indeed in humanity would not wane. Ever since, I have adhered strictly to that position. Since that time, I have devoted quality time to the issue of zero hunger as contained in Goal No. 2 of the Sustainable Development Goals of the UN. We have set the target that Nigeria with the participating States in the Zero Hunger Forum should reach Zero Hunger goal by 2025 – five years earlier than the UN target date.
I am involved in the issue of education in some States and generally in the issue of youth empowerment and employment. I am involved in all these domestically and altruistically to give hope and future to the seemingly hopeless and those in despair.
I believe strongly that God has endowed Nigeria so adequately that no Nigerian should be either in want or in despair. I believe in team work and collaborative efforts. At the international level, we have worked with other world leaders to domicile the apparatus for monitoring and encouraging socio-economic progress in Africa in our Presidential Library. The purpose of Africa Progress Group, which is the new name assumed by Africa Progress Panel (APP), is to point out where, when and what works need to be done for the progress of Africa separately and collectively by African leaders and their development partners. I have also gladly accepted the invitation of the UN Secretary-General to be a member of his eighteen-member High-Level Board of Advisers on Mediation. There are other assignments I take up in other fora for Africa and for the international community.
For Africa to move forward, Nigeria must be one of the anchor countries, if not the leading anchor country. It means that Nigeria must be good at home to be good outside. No doubt, our situation in the last decade or so had shown that we are not good enough at home; hence we are invariably absent at the table that we should be abroad.
All these led me to take the unusual step of going against my own political Party, PDP, in the last general election to support the opposite side. I saw that action as the best option for Nigeria. As it has been revealed in the last three years or so, that decision and the subsequent collective decision of Nigerians to vote for a change was the right decision for the nation.
For me, there was nothing personal, it was all in the best interest of Nigeria and, indeed, in the best interest of Africa and humanity at large. Even the horse rider then, with whom I maintain very cordial, happy and social relationship today has come to realise his mistakes and regretted it publicly and I admire his courage and forthrightness in this regard.
He has a role to play on the side line for the good of Nigeria, Africa and humanity and I will see him as a partner in playing such a role nationally and internationally, but not as a horse rider in Nigeria again. The situation that made Nigerians to vote massively to get my brother Jonathan off the horse is playing itself out again.
First, I thought I knew the point where President Buhari is weak and I spoke and wrote about it even before Nigerians voted for him and I also did vote for him because at that time it was a matter of “any option but Jonathan” (aobj). But my letter to President Jonathan titled: “Before It Is Too Late” was meant for him to act before it was too late. He ignored it and it was too late for him and those who goaded him into ignoring the voice of caution.
I know that praise-singers and hired attackers may be raised up against me for verbal or even physical attack but if I can withstand undeserved imprisonment and was ready to shed my blood by standing for Nigeria, I will consider no sacrifice too great to make for the good of Nigeria at any time.
No human leader is expected to be personally strong or self-sufficient in all aspects of governance. I knew President Buhari before he became President and said that he is weak in the knowledge and understanding of the economy but I thought that he could make use of good Nigerians in that area that could help.
Although, I know that you cannot give what you don’t have and that economy does not obey military order. You have to give it what it takes in the short-, medium- and long-term. Then, it would move. I know his weakness in understanding and playing in the foreign affairs sector and again, there are many Nigerians that could be used in that area as well. They have knowledge and experience that could be deployed for the good of Nigeria.
There were serious allegations of round-tripping against some inner caucus of the Presidency which would seem to have been condoned. I wonder if such actions do not amount to corruption and financial crime, then what is it?
Culture of condonation and turning blind eye will cover up rather than clean up. And going to justice must be with clean hands. I thought President Buhari would fight corruption and insurgency and he must be given some credit for his achievement so far in these two areas although it is not yet uhuru!
The herdsmen/crop farmers issue is being wittingly or unwittingly allowed to turn sour and messy. It is no credit to the Federal Government that the herdsmen rampage continues with careless abandon and without finding an effective solution to it. And it is a sad symptom of insensitivity and callousness that some Governors, a day after 73 victims were being buried in a mass grave in Benue State without condolence, were jubilantly endorsing President Buhari for a second term! The timing was most unfortunate.
The issue of herdsmen/crop farmers dichotomy should not be left on the political platform of blame game; the Federal Government must take the lead in bringing about solution that protects life and properties of herdsmen and crop farmers alike and for them to live amicably in the same community. But there are three other areas where President Buhari has come out more glaringly than most of us thought we knew about him.
One is nepotic deployment bordering on clannishness and inability to bring discipline to bear on errant members of his nepotic court. This has grave consequences on performance of his government to the detriment of the nation. It would appear that national interest was being sacrificed on the altar of nepotic interest. What does one make of a case like that of Maina: collusion, condonation, ineptitude, incompetence, dereliction of responsibility or kinship and friendship on the part of those who should have taken visible and deterrent disciplinary action?
How many similar cases are buried, ignored or covered up and not yet in the glare of the media and the public? The second is his poor understanding of the dynamics of internal politics. This has led to wittingly or unwittingly making the nation more divided and inequality has widened and become more pronounced. It also has effect on general national security.
The third is passing the buck. For instance, blaming the Governor of the Central Bank for devaluation of the naira by 70% or so and blaming past governments for it, is to say the least, not accepting one’s own responsibility.
Let nobody deceive us, economy feeds on politics and because our politics is depressing, our economy is even more depressing today. If things were good, President Buhari would not need to come in.
He was voted to fix things that were bad and not engage in the blame game. Our Constitution is very clear, one of the cardinal responsibilities of the President is the management of the economy of which the value of the naira forms an integral part. Kinship and friendship that place responsibility for governance in the hands of the unelected can only be deleterious to good government and to the nation.
President Buhari’s illness called for the sympathy, understanding, prayer and patience from every sane Nigerian. It is part of our culture. Most Nigerians prayed for him while he was away sick in London for over hundred days and he gave his Deputy sufficient leeway to carry on in his absence. We all thanked God for President Buhari for coming back reasonably hale and hearty and progressing well in his recovery.
But whatever may be the state of President Buhari’s health today, he should neither over-push his luck nor over-tax the patience and tolerance of Nigerians for him, no matter what his self-serving, so-called advisers, who would claim that they love him more than God loves him and that without him, there would be no Nigeria say.
President Buhari needs a dignified and honourable dismount from the horse. He needs to have time to reflect, refurbish physically and recoup and after appropriate rest, once again, join the stock of Nigerian leaders whose experience, influence, wisdom and outreach can be deployed on the side line for the good of the country.
His place in history is already assured. Without impaired health and strain of age, running the affairs of Nigeria is a 25/7 affair, not 24/7.
I only appeal to brother Buhari to consider a deserved rest at this point in time and at this age. I continue to wish him robust health to enjoy his retirement from active public service.
President Buhari does not necessarily need to heed my advice. But whether or not he heeds it, Nigeria needs to move on and move forward.
I have had occasion in the past to say that the two main political parties – APC and PDP – were wobbling. I must reiterate that nothing has happened to convince me otherwise. If anything, I am reinforced in my conviction.
The recent show of PDP must give grave and great concern to lovers of Nigeria. To claim, as has been credited to the chief kingmaker of PDP, that for procuring the Supreme Court judgement for his faction of the Party, he must dictate the tune all the way and this is indeed fraught with danger.
If neither APC nor PDP is a worthy horse to ride to lead Nigeria at this crucial and critical time, what then do we do? Remember Farooq Kperogi, an Associate Professor at the Kennesaw State University, Georgia, United States, calls it “a cruel Hobson’s choice; it’s like a choice between six and half a dozen, between evil and evil. Any selection or deflection would be a distinction without a difference.” We cannot just sit down lamenting and wringing our hands desperately and hopelessly.
I believe the situation we are in today is akin to what and where we were in at the beginning of this democratic dispensation in 1999. The nation was tottering. People became hopeless and saw no bright future in the horizon. It was all a dark cloud politically, economically and socially.
The price of oil at that time was nine dollars per barrel and we had a debt overhang of about $35 billion. Most people were confused with lack of direction in the country. One of the factors that saved the situation was a near government of national unity that was put in place to navigate us through the dark cloud. We had almost all hands on deck. We used people at home and from the diaspora and we navigated through the dark cloud of those days. At that time, most people were hopelessly groping in the dark. They saw no choice, neither in the left nor in the right, and yet we were not bereft of people at home and from the diaspora that could come together to make Nigeria truly a land flowing with milk and honey.
Where we are is a matter of choice but we can choose differently to make a necessary and desirable change, once again.
Wherever I go, I hear Nigerians complaining, murmuring in anguish and anger. But our anger should not be like the anger of the cripple. We can collectively save ourselves from the position we find ourselves. It will not come through self-pity, fruitless complaint or protest but through constructive and positive engagement and collective action for the good of our nation and ourselves and our children and their children.
We need moral re-armament and engaging togetherness of people of like-mind and goodwill to come solidly together to lift Nigeria up. This is no time for trading blames or embarking on futile argument and neither should we accept untenable excuses for non-performance.
Let us accept that the present administration has done what it can do to the limit of its ability, aptitude and understanding. Let the administration and its political party platform agree with the rest of us that what they have done and what they are capable of doing is not good enough for us. They have given as best as they have and as best as they can give. Nigeria deserves and urgently needs better than what they have given or what we know they are capable of giving. To ask them to give more will be unrealistic and will only sentence Nigeria to a prison term of four years if not destroy it beyond the possibility of an early recovery and substantial growth.
Einstein made it clear to us that doing the same thing and expecting a different result is the height of folly. Already, Nigerians are committing suicide for the unbearable socio-economic situation they find themselves in. And yet Nigerians love life. We must not continue to reinforce failure and hope that all will be well. It is self-deceit and self-defeat and another aspect of folly. What has emerged from the opposition has shown no better promise from their antecedents.
As the leader of that Party for eight years as President of Nigeria, I can categorically say there is nothing to write home about in their new team. We have only one choice left to take us out of Egypt to the promised land. And that is the coalition of the concerned and the willing – ready for positive and drastic change, progress and involvement. Change that will give hope and future to all our youth and dignity and full participation to all our women. Our youth should be empowered to deploy their ability to learn, innovate and work energetically at ideas and concepts in which they can make their own original inputs.
Youth must be part of the action today and not relegated to leadership of tomorrow which may never come. Change that will mean enhancement of living standard and progress for all. A situation where the elected will accountably govern and every Nigerian will have equal opportunity not based on kinship and friendship but based on free citizenship.
Democracy is sustained and measured not by leaders doing extra-ordinary things, (invariably, leaders fail to do ordinary things very well), but by citizens rising up to do ordinary things extra-ordinarily well. Our democracy, development and progress at this juncture require ordinary citizens of Nigeria to do the extra-ordinary things of changing the course and direction of our lackluster performance and development. If leadership fails, citizens must not fail and there lies the beauty and importance of democracy. We are challenged by the current situation; we must neither adopt spirit of cowardice nor timidity let alone impotence but must be sustained by courage, determination and commitment to say and do and to persist until we achieve upliftment for Nigeria. Nothing ventured, nothing gained and we believe that our venturing will not be in vain.
God of Nigeria has endowed this country adequately and our non-performance cannot be blamed on God but on leadership. God, who has given us what we need and which is potentially there, will give us leadership enablement to actualize our potentiality. The development and modernization of our country and society must be anchored and sustained on dynamic Nigerian culture, enduring values and an enchanting Nigerian dream.
We must have abiding faith in our country and its role and place within the comity of nations. Today, Nigeria needs all hands on deck. All hands of men and women of goodwill must be on deck. We need all hands to move our country forward. We need a Coalition for Nigeria, CN. Such a Movement at this juncture needs not be a political party but one to which all well-meaning Nigerians can belong. That Movement must be a coalition for democracy, good governance, social and economic well-being and progress. Coalition to salvage and redeem our country.
You can count me with such a Movement. Last time, we asked, prayed and worked for change and God granted our request. This time, we must ask, pray and work for change with unity, security and progress. And God will again grant us. Of course, nothing should stop such a Movement from satisfying conditions for fielding candidates for elections. But if at any stage the Movement wishes to metamorphose into candidate-sponsoring Movement for elections, I will bow out of the Movement because I will continue to maintain my non-partisan position. Coalition for Nigeria must have its headquarters in Abuja. This Coalition for Nigeria will be a Movement that will drive Nigeria up and forward. It must have a pride of place for all Nigerians, particularly for our youth and our women. It is a coalition of hope for all Nigerians for speedy, quality and equal development, security, unity, prosperity and progress. It is a coalition to banish poverty, insecurity and despair.
Our country must not be oblivious to concomitant danger around, outside and ahead. Coalition for Nigeria must be a Movement to break new ground in building a united country, a socially-cohesive and moderately prosperous society with equity, equality of opportunity, justice and a dynamic and progressive economy that is self-reliant and takes active part in global division of labour and international decision-making. The Movement must work out the path of development and the trajectory of development in speed, quality and equality in the short- medium- and long-term for Nigeria on the basis of sustainability, stability, predictability, credibility, security, cooperation and prosperity with diminishing inequality.
What is called for is love, commitment and interest in our country, not in self, friends and kinship alone but particularly love, compassion and interest in the poor, underprivileged and downtrodden. It is our human duty and responsibility so to do. Failure to do this will amount to a sin against God and a crime against humanity. Some may ask, what does Obasanjo want again? Obasanjo has wanted nothing other than the best for Nigeria and Nigerians and he will continue to want nothing less. And if we have the best, we will be contented whether where we live is described as palaces or huts by others and we will always give thanks to God.
I, therefore, will gladly join such a Movement when one is established as Coalition for Nigeria, CN, taking Nigeria to the height God has created it to be. From now on, the Nigeria eagle must continue to soar and fly high. CN, as a Movement, will be new, green, transparent and must remain clean and always active, selflessly so.
Members must be ready to make sacrifice for the nation and pay the price of being pioneers and good Nigerians for our country to play the God-assigned role for itself, for its neighbours, for its sub-region of West Africa, for its continent and for humanity in general. For me, the strength and sustainable success of CN will derive largely from the strong commitment of a population that is constantly mobilized to the rallying platform of the fact that going forward together is our best option for building a nation that will occupy its deserved place in the global community. May God continue to lead, guide and protect us. Amen.
-Leadership
https://leadership.ng/2018/01/23/breaking-dont-seek-re-election-obj-tells-pmb/
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Return To The North, Northern Elders Order Fulani Herdsmen
Gboyega Oyetola, governor of Osun state, says he felt ridiculed contesting against Ademola Adeleke, candidate of the Peoples Democratic Party (PDP), in last year’s...
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Traditional Nativity Scene
Home » Things To Do » Traditional Nativity Scene
Local artist’s masterpiece makes its way back home just in time for Christmas in Malta
Earlier this week, an artist from Malta’s sister island of Gozo officially presented his masterpiece to the Maltese public 3 years after its conception. The piece in question is a traditional Nativity Scene which uses folkloristic Maltese decorations to make the artwork stand out. It stands proudly in the entrance of our capital city Valletta and is quite a sight to behold. Here, at AX The Saint John, we felt the need to shed some light on this local talent and explain why this Maltese crib is not something to be missed.
While some of the characters can be found in all Nativity scenes worldwide, some of them are particularly attributed to the Maltese crib depicted during the Christmas and New Year season. These include ‘the sleeper’, who can be found asleep, oblivious to the events around him; ‘the man of wonder’, who can’t believe his eyes; and the ‘climber’ who dangles dangerously above the cave to try and get a closer look. This crib also features the figure of Saint George Preca, a Maltese priest who became a saint, and two figures in the front playing traditional Maltese instruments. The Nativity scene features a traditional Maltese “Luzzu” boat, a “girna” and a balcony embellished with a Maltese cross on its front.
The crib has not been displayed in Malta before now just in time for Christmas in Malta. It was originally set up in the Vatican City where it was also visited by Pope Francis himself in December 2016. The crib was later moved to the holy city of Bethlehem where it was visited by thousands of people.
Here’s what the artist, Manwel Grech, had to say about his artwork finally making its way back to the Maltese Islands.
How do you feel now that your artwork is back in Malta?
I’m very satisfied that the crib, almost 3 years after its creation, has been set up in Malta so that finally all the Maltese and Gozitan people will be able to enjoy it.
What inspired you to put in aspects of the Maltese culture in the crib?
When we began to put the plans together, first and foremost, we believed that since we were going overseas, we wanted to show what the Maltese were capable of. I think that the best way for us to represent Malta is to depict the traditional Luzzu and to add the balcony with the 8-pointed cross on its front.
How long did the project take to complete between the initial idea and its completion?
You could say the project took well over a year to complete because there first was a call of interest from the Maltese Government, in which our idea was proposed. At the end of January 2016, we were informed that our idea had won and we immediately started working on building the project so that in December 2016 it was ready to be set up in Vatican City.
Do you have any future projects in the works?
I work with a lot of village feasts around Malta and Gozo so you could say I’m always involved in one project or another.
Celebrate Maltese Christmas while staying at AX The Saint John. Don’t miss out on the festive cheer this season!
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176, Merchants Street, Valletta, Malta thesaintjohn@axhotelsmalta.com +356 2124 3243
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Tag Archives: Mako
2/28/15 (Part One): The Tin Man Rides Into the Sunset
'90s films, 1990s films, action films, Bradley Whitford, Bruce Locke, CCH Pounder, cinema, cyborgs, Daniel von Bargen, Delta City, Detroit, dystopian future, evil corporations, Felton Perry, film reviews, films, franchises, Fred Dekker, Jill Hennessy, John Castle, Judson Vaughn, Mad Max, Mako, man vs machine, mercenaries, Movies, Nancy Allen, near future, Night of the Creeps, OCP, Officer Lewis, Officer Murphy, Peter Weller, rebels, Remy Ryan, Rip Torn, Robert Burke, Robert DoQui, RoboCop, RoboCop 3, sci-fi, sequels, set in Detroit, Shane Black, Stephen Root, street gangs, The Monster Squad, writer-director
Sometimes, a film can hit just about all its marks and still be disappointing: take Fred Dekker’s RoboCop 3 (1993), for example. Here’s a movie where expectations are already set fairly low (this is the third one, after all, and the first without Peter Weller behind the helmet), yet there’s every possibility to be not only pleasantly surprised but genuinely blown away…after all, Dekker is the unmitigated genius behind two of the greatest genre films of all time, Night of the Creeps (1986) and The Monster Squad (1987). In his more than capable hands, RoboCop 3 could have been the caustically funny, surprising joy that RoboCop 2 (1990) should have been. Instead, the film ends up being a thoroughly competent, middle-of-the-road sci-fi action film with only hints of Dekker’s demented genius. An auteur like Dekker reduced to the role of hired gun? Say it ain’t so, Joe!
The film kicks off with a pretty familiar scenario: the loathsome OCP is still trying to build their dream project, Delta City, over the charred bones and lower-class citizens of near-future Detroit. As in the previous RoboCop films, Detroit is still a war-zone: this time around, the prime offenders are a mob of stereotypical “punk” marauders dubbed The Splatterpunks, who seem to delight in setting any and everything ablaze with Molotov cocktails. In a telling development, OCP is taken over by the Japanese mega-conglomerate, Kanemitsu Corporation, making Detroit the first U.S. city to come under foreign rule. The new president, the titular Kanemitsu (Mako), is a no-nonsense businessman who’s tired of OCP continually missing its deadlines for breaking ground on Delta City.
In order to help along the process of claiming property that the residents don’t want to part with, OCP employs a collection of mercenaries known as Urban Rehabilitation Officers (Rehabs, for short). The Rehabs are, ostensibly, being used to fight the rising crime wave: in reality, they’re being used to forcibly remove the residents of the various slums that OCP wants to demolish. The residents are moved to “refugee camps” where they promptly seem to drop off the grid: the ultimate case of the “haves” doing away with the “have-nots.”
Our intrepid heroes, Officer Murphy (now played by Robert Burke, who looks a little like Weller, if you squint) and Officer Lewis (Nancy Allen) get caught up in the struggle when a group of homeless revolutionaries, led by scrappy Bertha (CCH Pounder) and Nikko (Remy Ryan), a pint-sized hacker who’s ably to handily turn lethal ED-209s into loyal “puppies” with the push of a button, butt heads with the Rehab officers, led by the odious Commander McDaggett (John Castle). In the ensuing chaos, Officer Lewis is killed (RoboCop’s sad “Officer down” line is just as ludicrous on paper as it is in the film) and Murphy is branded a murderous renegade. As OCP and the Kanemitsu Corporation fill the airwaves with bogus stories about RoboCop’s villainy, OCP’s CEO (Rip Torn) and Kanemitsu work behind the scenes to eliminate the cyborg avenger and clear the last roadblock to the long-delayed Delta City. To this end, Kanemitsu unleashes his own cyborg, a lethal-killing machine known as Otomo (Bruce Locke). Will RoboCop and the revolutionaries be able to stop OCP and the Rehabs once and for all or does the dawn of Delta City begin now?
While the first film was a fairly streamlined, subtly ironic sci-fi action film, ala Mad Max (1979), the sequel employed the “bigger is better” aesthetic, pumping up the action scenes while letting some air out of the more subversive ideas. In the process, RoboCop 2 became a much sillier, louder and goofier film, albeit one with enough inherent parallels to the original to serve as a more than suitable follow-up. RoboCop 3, by contrast, is the most cartoonish of the three films, as well as the first of them to earn a PG13 rating: as expected, this means that the film is exponentially less gritty and gorier, although the body count is still exceptionally high…in this case, it just means that hordes of baddies “fall down,” ala old Westerns, rather than explode in red sprays of arterial fluid.
By itself, this isn’t really a problem: the second film was, in reality, only a few small steps removed from a complete cartoon and (brain surgery scene notwithstanding) had about as much impact. The bigger issue comes from the fact that the whole film is obviously pitched at much younger audiences: all of the issues are very black-and-white and the very character of Nikko feels like nothing more than an attempt to insert a pre-teen hero into the mix. Compared to the foul-mouthed urchins in RoboCop 2, Nikko is Little Orphan Annie and the whole thing has a trite feel that definitely feels aimed at the lowest common denominator.
Acting-wise, RoboCop 3 is extremely broad, although the style does tend to work, since the film is inherently broad and silly. Burke does a suitable job as Weller’s replacement, although he doesn’t sound anything like our original Officer Murphy. We get a few “regulars” here, such as Nancy Allen, Felton Perry and Robert DoQui, although they’re pretty much relegated to the background for the majority of the film, allowing newcomers like Ryan, Pounder and Stephen Root (always a joy to see) to step up to the plate. For his part, Rip Torn turns in the kind of performance that he’s been autopiloting for way too long, although his smug bureaucrat fits the film’s heart-on-sleeve politics like a glove.
More than anything, I’m disappointed that so little of Dekker actually shows through in the final product. Short of a few scattered scenes and details (the OCP exec jumping out of a window while his wife harangues him on the phone, RoboCop driving the blazing, Pepto-pink pimp-mobile around like it was a tank) that are explicitly reminiscent of Dekker’s tongue-in-cheek approach, the film is depressingly generic and middle-of-the-road. It’s always bummed me out that Dekker only directed three films in his entire career and this was one of them: it’s equivalent to Francis Ford Coppola’s entire filmography consisting of The Godfather (1972), Apocalypse Now (1979) and Jack (1996). At the very least, Dekker has recently been rumored to be involved in Shane Black’s new Predator reboot: fingers crossed that this translates into him directing the film, although a Dekker script is (usually) a thing of beauty, so that’d be fine, too.
Ultimately, RoboCop 3 is not a terrible film: in many ways, it’s no worse (or better) than a hundred other direct-to-video, ’90s era “gems.” While the film is competently done, however, it also possesses no real sense of identity or even much in the way of distinguishing features: it just “is,” for better or worse. Since the third entry seemed to effectively nail the coffin lid shut (at least until the recent reboot), it’s fair to say that our heroic man of steel had already passed his expiration date by this point, a mere six years after he debuted. Quite the pity, really: with Fred Dekker writing and directing, RoboCop 3 should have been one of the most unforgettable franchise entries ever. Instead, the film is so generic as to be completely forgettable: now that’s irony that’s right up Fred Dekker’s twisted little alley.
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Grey reef sharks feed mainly on bony fishes, with cephalopods such as squid and octopus being the second-most important food group, and crustaceans such as crabs and lobsters making up the remainder. The larger sharks take a greater proportion of cephalopods.[20] These sharks hunt individually or in groups, and have been known to pin schools of fish against the outer walls of coral reefs for feeding.[14] Hunting groups of up to 700 grey reef sharks have been observed at Fakarava atoll in French Polynesia.[21][22] They excel at capturing fish swimming in the open, and they complement hunting whitetip reef sharks, which are more adept at capturing fish inside caves and crevices.[4] Their sense of smell is extremely acute, being capable of detecting one part tuna extract in 10 billion parts of sea water.[13] In the presence of a large quantity of food, grey reef sharks may be roused into a feeding frenzy; in one documented frenzy caused by an underwater explosion that killed several snappers, one of the sharks involved was attacked and consumed by the others.[23]
The Caribbean Reef Shark also finds its food in the reefs such as bony fishes, large crustaceans and cephalopods. This shark is also known to feed on yellow sting-rays and eagle rays quite frequently. A unique feature of these predators is that they are capable of reverting or purging their own stomachs. This helps purge the parasites, mucus or any other objects on the stomach lining.
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While scientists are still trying to determine exactly how many of theses species exist, we do know that many of these sharks lose their lives from getting caught in fishing nets. Not only does it significantly reduce their population, it compromises the fragile ecosystem around coral reefs. Many new laws and regulations are being put into place to protect this ever important fish.
The Caribbean reef shark has an interdorsal ridge from the rear of the first dorsal fin to the front of the second dorsal fin. The second dorsal fin has a very short free rear tip. The snout of C. perezi is moderately short and broadly rounded. It has poorly developed, low anterior nasal flaps and relatively large circular eyes. Caribbean reef sharks also have moderately long gill slits with the third gill slit lying above the origin of the pectoral fin. Comparison to similar sharks:
This species is commonly found in shallow waters on and near coral reefs and occasionally in brackish waters. Juveniles are typically found in extremely shallow water (±15 to 100 cm) inside lagoons, often swimming along the shoreline; adults typically occur on shallow parts of the forereef, often moving over the reef crest and onto the reef flat at flood tide. Individual adults inhabit a relatively small home range of ±2.5 km2 and appear to reside close to their home reef but occasionally cross deepwater channels between adjacent reefs.
The Caribbean reef shark is found throughout tropical waters, particularly in the Caribbean Sea. This shark’s range includes Florida, Bermuda, the northern Gulf of Mexico, Yucatan, Cuba, Jamaica, Bahamas, Mexico, Puerto Rico, Colombia, Venezuela, and Brazil. It is one of the most abundant sharks around the Bahamas and the Antilles. Although Caribbean reef sharks are found near reefs in southern Florida, surveys using long-line gear off the east coast of Florida reveal that Caribbean reef sharks are extremely rare north of the Florida Keys.
Reef Industries, Inc. is delighted to announce that November 2017 will mark the celebration of its 60th year in business. Founded in November 1957 by the late William D. Cameron, Reef Industries, Inc. was built on the foundation of being a reliable source of custom plastic laminate needs for our customers. Over the years, new technologies and innovations produced a variety of manufacturing techniques ultimately developing a wide range of products and material grades. With the introduction of these new product lines, the corporate identity of Reef Industries, Inc. was adopted in 1976. There is no time more fitting than now to thank our valued customers for their loyalty and support.
Corals, including some major extinct groups Rugosa and Tabulata, have been important reef builders through much of the Phanerozoic since the Ordovician Period. However, other organism groups, such as calcifying algae, especially members of the red algae Rhodophyta, and molluscs (especially the rudist bivalves during the Cretaceous Period) have created massive structures at various times. During the Cambrian Period, the conical or tubular skeletons of Archaeocyatha, an extinct group of uncertain affinities (possibly sponges), built reefs. Other groups, such as the Bryozoa have been important interstitial organisms, living between the framework builders. The corals which build reefs today, the Scleractinia, arose after the Permian–Triassic extinction event that wiped out the earlier rugose corals (as well as many other groups), and became increasingly important reef builders throughout the Mesozoic Era. They may have arisen from a rugose coral ancestor. Rugose corals built their skeletons of calcite and have a different symmetry from that of the scleractinian corals, whose skeletons are aragonite. However, there are some unusual examples of well-preserved aragonitic rugose corals in the late Permian. In addition, calcite has been reported in the initial post-larval calcification in a few scleractinian corals. Nevertheless, scleractinian corals (which arose in the middle Triassic) may have arisen from a non-calcifying ancestor independent of the rugosan corals (which disappeared in the late Permian).
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In older literature, the scientific name of this species was often given as C. menisorrah.[5] The blacktail reef shark (C. wheeleri), native to the western Indian Ocean, is now regarded as the same species as the grey reef shark by most authors. It was originally distinguished from the grey reef shark by a white tip on the first dorsal fin, a shorter snout, and one fewer upper tooth row on each side.[6] Based on morphological characters, vertebral counts, and tooth shapes, Garrick (1982) concluded the grey reef shark is most closely related to the silvertip shark (C. albimarginatus).[7] This interpretation was supported by a 1992 allozyme phylogenetic analysis by Lavery.[8]
Reef's twenty year heritage traces back to two brothers from Argentina, who acted on a simple idea to create a high quality, active lifestyle sandal. From this once modest beginning, the Reef brand and the line of Reef sandals has grown too be one of the largest sandal manufacturers in the world, the Universe actually, and has now evolved into a full fledged apparel brand.
Despite sharks being portrayed as notorious aggressive animals, very few incidents have involved blacktip reef sharks, none being fatal. Still the importance of an apex predator is vital to a balanced and healthy ecosystem. Unfortunately, this species is very susceptible to reef gill netting. And sharks all around continue to be threatened by fishing pressure resulting in a decrease in many shark populations.
Adults begin to reproduce once they attain a size of 2 to 3 meters (female) or 1.5 to 1.7 meters (male). They reproduce once per year but childbirth is biennial since the females get pregnant every other year. The reproduction method is Viviparous which means the pups develop inside of the mother. There is evidence that the reproduction method is aggressive and violent since many female Caribbean Reef Sharks have been found with deep wounds on their sides during mating season. These wounds are caused by bites and heal in time leaving large and highly visible scars.
The snout is rather short, broad, and rounded, without prominent flaps of skin beside the nostrils. The eyes are large and circular, with nictitating membranes (protective third eyelids). There are 11–13 tooth rows in either half of both jaws. The teeth have broad bases, serrated edges, and narrow cusps; the front 2–4 teeth on each side are erect and the others increasingly oblique. The five pairs of gill slits are moderately long, with the third gill slit over the origin of the pectoral fins.[4] The first dorsal fin is high and falcate (sickle-shaped). There is a low interdorsal ridge running behind it to the second dorsal fin, which is relatively large with a short free rear tip. The origin of the first dorsal fin lies over or slightly forward of the free rear tips of the pectoral fins, and that of the second dorsal fin lies over or slightly forward of the anal fin. The pectoral fins are long and narrow, tapering to a point.[2] The dermal denticles are closely spaced and overlapping, each with five (sometimes seven in large individuals) horizontal low ridges leading to marginal teeth.[4]
During mating, the male grey reef shark will bite at the female's body or fins to hold onto her for copulation.[13] Like other requiem sharks, it is viviparous: once the developing embryos exhaust their supply of yolk, the yolk sac develops into a placental connection that sustains them to term. Each female has a single functional ovary (on the right side) and two functional uteruses. One to four pups (six in Hawaii) are born every other year; the number of young increases with female size. Estimates of the gestation period range from 9 to 14 months. Parturition is thought to take place from July to August in the Southern Hemisphere and from March to July in the Northern Hemisphere. However, females with "full-term embryos" have also been reported in the fall off Enewetak. The newborns measure 45–60 cm (18–24 in) long. Sexual maturation occurs at around seven years of age, when the males are 1.3–1.5 m (4.3–4.9 ft) long and females are 1.2–1.4 m (3.9–4.6 ft) long. Females on the Great Barrier Reef mature at 11 years of age, later than at other locations, and at a slightly larger size. The lifespan is at least 25 years.[4][20][24]
Measuring up to 3 m (9.8 ft) long, the Caribbean reef shark is one of the largest apex predators in the reef ecosystem, feeding on a variety of fishes and cephalopods. They have been documented resting motionless on the sea bottom or inside caves, unusual behavior for an active-swimming shark. If threatened, it may perform a threat display in which it frequently changes direction and dips its pectoral fins. Like other requiem sharks, it is viviparous with females giving birth to 4–6 young every other year. Caribbean reef sharks are of some importance to fisheries as a source of meat, leather, liver oil, and fishmeal, but recently they have become more valuable as an ecotourist attraction. In the Bahamas and elsewhere, bait is used to attract them to groups of divers in controversial "shark feedings". This species is responsible for a small number of attacks on humans. The shark attacks usually happen in spring and summer.
Grey reef sharks are active at all times of the day, with activity levels peaking at night.[4] At Rangiroa, groups of around 30 sharks spend the day together in a small part of their collective home range, dispersing at night into shallower water to forage for food. Their home range is about 0.8 km2 (0.31 sq mi).[25] At Enewetak in the Marshall Islands, grey reef sharks from different parts of the reef exhibit different social and ranging behaviors. Sharks on the outer ocean reefs tend to be nomadic, swimming long distances along the reef, while those around lagoon reefs and underwater pinnacles stay within defined daytime and night-time home ranges.[26] Where there are strong tidal currents, grey reef sharks move against the water: towards the shore with the ebbing tide and back out to sea with the rising tide. This may allow them to better detect the scent of their prey, or afford them the cover of turbid water in which to hunt.[25]
A profitable ecotourism industry has arisen around this species involving organized "shark feeds", in which groups of reef sharks are attracted to divers using bait. Some US$6,000,000 is spent annually on shark viewing in the Bahamas, where at some sites a single living Caribbean reef shark has a value between US$13,000 and US$40,000 (compared to a one-time value of US$50–60 for a dead shark).[14] This practice has drawn controversy, as opponents argue that the sharks may learn to associate humans with food, increasing the chances of a shark attack, and that the removal of reef fishes for bait may damage the local ecosystem. Conversely, proponents maintain that shark feeds contribute to conservation by incentivizing the protection of sharks and educating people about them. Thus far, there has been little evidence that shark feeds have increased the risk of attack in the surrounding area.[8][15] Shark feeding has been outlawed off the coast of Florida, but continues at other locations in the Caribbean.[4]
Ancient reefs buried within stratigraphic sections are of considerable interest to geologists because they provide paleo-environmental information about the location in Earth's history. In addition, reef structures within a sequence of sedimentary rocks provide a discontinuity which may serve as a trap or conduit for fossil fuels or mineralizing fluids to form petroleum or ore deposits.
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The Election of 1800 and Today
February 28, 2017 / johnfea
Yesterday the Messiah College History Department hosted Pulitzer Prize-winning historian Edward Larson for a lecture titled “The Election of 1800 and the Birth of Partisan Presidential Politics.” The lecture stemmed from Larson’s 2007 book A Magnificent Catastrophe: The Tumultuous Election of 1800, America’s First Presidential Campaign.
I will not offer a blow-by-blow account of the lecture here. Those interested should read Larson’s book. It is fast-moving and accessible.
But as Larson lectured to a room packed with undergraduates, faculty, and community members, I was once again struck by the many similarities (and differences) between the Election of 1800 and the Election of 2016.
Here is how I introduced Larson’s lecture:
Was 2016 the most contentious election in American history? It seems that every election we hear the same things: “Political polarization has never been worse.” “The rancor and divisiveness is unprecedented.” But when historians hear words like “never been worse” or “unprecedented,” our natural inclination is skepticism. As Americans we can so easily become enslaved by the narcissism of the present that we start to believe that what is happening today is the “best,” the “worst,” or the “most hard fought” of ALL TIME.
We can have an honest debate about whether the 2016 election was the most divisive election in American history. But any such debate MUST take into the consideration the Election of 1800. This was an election of cantankerous politicking. It was the first United States presidential election that saw the peaceful transition of power from one political party to another. And it had a controversial ending that makes last night’s announcement of “Best Picture” pale in comparison.
We are privileged today to have Ed Larson with us to help us sort it all out.
As Larson gave us a blow-by-blow account of this controversial election he focused his remarks around the three themes. As he sees it, the Election of 1800 was a contest over:
National Security. Adams and the Federalists claimed that they could protect the United States from the outside interference of armed French radicals and the threat of the French navy in the Caribbean.
Immigration. The Federalists had just passed the Alien Act which made immigration into the United States difficult. It allowed the government to turn away immigrants and refugees out of fear that some of them (radicals) might try to overthrow the republic.
Religion. The Federalist painted Jefferson as an atheist. Jefferson painted Adams as a religious hypocrite who favored a state church.
Sound familiar? Perhaps we might even add a fourth point–freedom of the press or freedom of speech. The Sedition Act made anti-Federalist/anti-Adams rhetoric punishable by law.
As I tweeted following the lecture:
Ed Larson lectured on 1800 election @messiahcollege today. Some thought it was a lecture on 2016. #immigration #nationalsecurity #religion
— John Fea (@JohnFea1) February 27, 2017
2016 Election, Alien and Sedition Acts, Edward Larson, Election of 1800, John Adams, Messiah College History Department, religion and politics, Thomas Jefferson, Uncategorized
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5 Ways Drinking Kombucha Tea Can Improve Your Health
Referred to as the ‘tea of immortality’, kombucha is a fermented tea drink known among the health community for its purported benefits.
It was while on a trip to Maui that eye surgeon Matt Ball and his artist wife Lara, tasted kombucha tea for the first time. Inspired by the vibrant energy of the Hawaiian Island and the way it made them feel, the pair set out to learn how to develop the ultimate brew.
Their creation Wild Kombucha by Ballsy is now leading the pack in Australia, with a number of celebrity chefs championing the brand. It is being paired with dishes at Peter Gilmore’s famous Quay and Bennelong restaurants in Sydney and is on-tap at Lola Berry’s new juice bar- Happy Place, in Melbourne.
We caught up with the duo behind Ballsy Brewing to learn why they fell wildy in love with kombucha and their top five reasons to drink it.
Kombucha Tea is energising and refreshing
Fermented from green and black tea, kombucha contains a very low amount of alcohol (0.5 per cent) and is lightly carbonated, offering a refreshing and healthier alternative to soft drinks. Kombucha tea is also a source of caffeine that energises and invigorates the body, but unlike a sugary soft drink, most of the sugar is used in the fermentation process.
Antioxidant power
Green and black tea are rich sources of polyphenols, which are antioxidants that scavenge free radical damage in the body, shielding it from oxidative stress linked to cancer, diabetes, heart disease, eye disease and ageing. Researchers have reported higher levels of phenols in kombucha tea thanks to the fermentation process and brewing time.
Kombucha Tea is anti-inflammatory
Well-brewed traditional kombucha should taste like cider with a slightly tart finish to it. This reflects the production of acetic acid by gluconoacetobacter, one of the main bacteria in the culture. This lowers the pH of the product and in a similar way to apple cider vinegar has an anti-inflammatory effect on the gastro-intestinal system.
Kombucha Tea is alive and gut-friendly
A recent study published in the Journal of Food Microbiology found kombucha tea contains a host of gut-friendly bacteria and live yeast, that can help balance your intestinal flora and support good bowel health.
Stronger immunity
Along with acetic acid, kombucha contains forms of gluconic acid, a precursor of vitamin C (ascorbic acid), which has anti-oxidant properties. Other water-soluble vitamins (B1, B6 & B12) have all been independently isolated.
ABOUT WILD KOMBUCHA BY BALLSY
Ballsy Brewing is the creation of Artist Lara Ball and her husband Matt, who is an Eye Surgeon. They produce Sydney’s fastest growing on-tap living beverage – Wild Kombucha – you can follow them on Instagram.
The pair have created Australia’s best premium kombucha which has been picked up by the likes of Lola Berry’s ‘Happy Place’ and celebrity chef Peter Gilmore, who has also worked with the team to develop a honey-based brew available exclusively in Bennelong and Quay restaurants.
Furthermore, they have launched Australia’s first Kombucha Bar @the_collaboratory where it can be bought on tap, in addition to 14 other venues in NSW and most recently Victoria.
As being environmentally friendly, socially conscious and sustainable is key for the pair, consumers can buy a reusable 500 or 750mL bottles when purchasing Wild Kombucha by Ballsy.
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The Freq
The modern world through a veteran lens
Kings of Leon’s Albums Ranked First to Worst
by Frumentarius
It has been almost three years since the Oklahoma-Tennessee-Mississippi-born and bred three-brothers-and-a-cousin who make up Kings of Leon have released a studio album. Given the pace to-date of their album releases, one can assume (and hope) that a new offering is not far off.
With that fact in mind, I will hereby pre-empt the release of new KOL music with a comprehensive and authoritative (in my mind) ranking of all seven of the Kings’ full-length LPs. Consider this a primer if you are too young to have caught KOL over the past 16 years, or if you are not-so-young and somehow missed out on all of their music, save the commercial hits from 2008’s Only By the Night.
1 – Youth and Young Manhood (2003)
Kings of Leon’s debut album is also their best. That judgment is probably questionable given the success of 2008’s Only by the Night, but I stick by it. This was the Kings at their rawest, most visceral, and least-polished. The band came stomping out of Tennessee with a southern-fried modern rock sound that was like Waffle House scrapple compared to contemporaries The Strokes’ polished New York Eggs Benedict.
From the opening riff and vocals of “Red Morning Light,” through the gritty hellscape of “Trani,” and on past the chugging tempo of “Molly’s Chambers,” the band delivers a pitch-perfect opening salvo of an album-length musical attack. From start to finish, the album is nearly flawless and it forecast great things to come.
Key tracks: “Molly’s Chambers,” “California Waiting,” “Trani”
Key deep cuts: “Happy Alone,” “Wasted Time,” “Spiral Staircase”
2 – Because of the Times (2007)
The band’s third album marked a significant departure from its first two offerings. It was more complex, richer-textured, and the LP presented an altogether different sound from the first two albums’ raw and undeveloped sonic vibe. It is the second half of the album, in particular, that does the heavy lifting here. The last half of the collection carries the whole project across the finish line, from great to classic. Songs like “Ragoo,” “True Love Way,” and “The Runner” seemingly never age, and on repeated listenings they reveal again and again new layers and fresh sounds.
From subdued, atmospherically-lurking backing vocals led by drummer Nathan Followill to breezier tempos and more clearly-sung lead vocals, the Kings clearly took more time crafting their songs, layering them, and putting a polish on them. That polish is not overdone, however, and gives the album a sound that is at-once both well-produced and raw. This was the real launch of Kings of Leon as a commercially successful arena rock band.
Key tracks: “Black Thumbnail,” “Fans,” “On Call”
Key deep cuts: “My Party,” “Arizona,” “Ragoo”
3 – Only by the Night (2008)
KOL’s fourth album was their commercial breakthrough, making the band famous in the United States for the first time, where it was certified Platinum (that’s when physical albums used to sell over a million copies, kids). The album also went Platinum in the UK and nine times Platinum in Australia. It continues to sell today, likely given the colossal success of the song “Use Somebody,” which won Grammy Awards in 2009 for Record of the Year and Best Rock Song.
Only by the Night was the logical culmination of the Kings’ efforts on its first three albums, but of course, many bands never make that leap and go from relative obscurity to giant commercial success. Kings of Leon did it and achieved rock and pop radio airplay, Grammy awards, critical success, and all the other things that only some bands are lucky enough to achieve maybe once in a career.
As far as the songs on the album, some are among the Kings’ absolute best, including the hits “Sex on Fire” and “Use Somebody,” as well as “Manhattan,” “Revelry,” and “Be Somebody.” Others are not quite up to par, from this amateur music critic’s perspective. In fact, this is the first Kings album — and not the last — to include songs that should’ve been left for a rarities or B-side collection (“17” and “I Want You”). If the latter had been left off in favor of two even marginally-better tracks, this could easily have been the best of the Kings’ albums.
Key tracks: “Sex on Fire,” “Use Somebody,” “Notion,” “Manhattan”
Key deep cuts: “Cold Desert,” “Be Somebody”
4 – Aha Shake Heartbreak (2005)
The Kings’ second album is likely many hardcore fans’ choice for their best, and with good reason. The opening track alone — “Slow Night, So Long” — is peak KOL and is as good a song as any they have recorded. The singles “The Bucket,” “Taper Jean Girl,” and “King of the Rodeo” round out the best four tracks on the album, which is tightly clustered with the three above as the Kings’ best work.
This was the band still in their rough-cut and raw phase, growling out lyrics, using scuzzy guitars, and when they did slow the tempo, settling not for standard mid-tempo love songs, but rather, innovative, gritty, on-the-road dirges (“Rememo”) and frankly lyrically-opaque acoustic numbers (“Milk”).
The album is great, and again, could easily be considered their best. It’s as good a place as any to start an exploration of the band’s music.
Key tracks: “The Bucket,” “Slow Night, So Long,” “Taper Jean Girl”
Key deep cuts: “Velvet Snow,” “Soft,” “Milk”
5 – Mechanical Bull (2013)
The best of KOL’s three most-recent, post-Only by the Night albums, Mechanical Bull is solid all the way through, if not great enough to crack the top 4 studio albums. The singles “Supersoaker,” “Beautiful War,” and “Temple” are all slick, catchy, and radio-friendly. Gone are the raw sounds and fuzzy guitars of earlier Kings of Leon albums, replaced by a more polished and produced sound.
The album’s weakest song, “Family Tree,” is still a funky bass and drum-driven jam, and not at all bad. “Rock City,” “Tonight,” and “Comeback Story” are great, and help put the album above the next two entries on the list. “Tonight,” in fact, would have been a sonically-perfect fit for Only By the Night, as it compliments the atmosphere of that album’s “Manhattan” and “Revelry.” This was the Kings in great form, enjoying their success, and putting out rock songs as good as any out there in the teens.
Key tracks: “Supersoaker,” “Wait for Me,” “Temple,” “Beautiful War”
key deep cuts: “Rock City,” “Tonight,” “Comeback Story”
6 – WALLS (2016)
Short for “We are Like Love Songs,” WALLS technically continues the KOL tradition of naming their albums in five syllables. The band’s most recent release, WALLS has some outstanding moments (“Waste a Moment,” “WALLS,” and “Wild”), as well as some solid tracks to fill out most of the album (“Reverend” and “Conversation Piece”). It also unfortunately has another of the weak tracks that should’ve stayed on the cutting room floor (“Muchacho”). This reviewer will be intrigued to see if the band takes a new direction in its next studio offering.
Key tracks: “Waste a Moment,” “WALLS”
Key deep cuts: “Wild,” “Conversation Piece”
7 – Come Around Sundown (2010)
Following the huge success of Only by the Night was bound to be difficult and the Kings did not make their best album in that classic’s wake. While there are some great songs (“The Immortals,” “The Face,” “Pick Up Truck,” and “Radioactive”), there are also a couple of pretty bad songs (“Mary” and “Mi Amigo”), as well as some weak ones (“Birthday” and “Pony Up”). Filling out the space between those extremes are some songs that, while good, are missing some elusive elements that would have made them great (“Back Down South” and “The End”).
Still, all things are relative, and this is an enjoyable album with enough horsepower to make it worth repeated listening.
Key tracks: “Radioactive,” “The Immortals,” “Pickup Truck”
Key deep cuts: “No Money,” “The Face,” “Pyro”
So, now you are all set. Go forth and binge on some Kings of Leon before a new album drops.
Images from Wikimedia Commons
Tagsbecause of the times • come around sundown • former Navy seal • Frumentarius • kings of leon • KOL • music • music review • only by the night • rock • sex on fire • tennessee music • use somebody
About Frumentarius
Frumentarius is a former Navy SEAL and clandestine officer in the Central Intelligence Agency. He currently serves as a professional firefighter in Missouri.
I’m getting a kick out of how SEAL + CIA + firefighter = music critic I will actually read, about music from a group I’ve never even heard of, haha. Well done. Theo Dyssean and I were just talking about this concept of entire albums as a work of art that must be experienced as a whole. I don’t know that he’s convinced me, but you lend additional credibility to his arguments. N=2. I like that I can ignore most music as background noise until a particularly intriguing rhythm or phrase breaks through my concentration, and I end up buying… Read more »
JoyB
The days of an album existing as an entire work of art that should be listened to in its entirety are sadly gone. Most bands put out an album of singles with some filler tracks because that’s what record companies want to sell to the masses.
That was always the sense I got… that the bands really poured their heart and soul in to some songs, but the rest were just fillers so the record company could charge full price for the one or two songs you really wanted.
But then… I’ve also been surprised to discover a band member’s favorite song was never popular with everyone else, so maybe there’s just no accounting for what the masses want versus what the artist creates.
Joni Smith
For the longest time, purely out of principal and appreciation of the artists creating music, I refused to buy singles. It still bothers me. Many think musicians get paid lots of money, so but most of it goes to record company and the publishing company. Songs with a million plays on YouTube generate very little cash. So to support my artist, I buy the whole album. Most of the time. Sometimes I’m disappointed, but most often I find hidden gems that never get airplay. I often find I listen to those songs more than ones with major airplay. I have… Read more »
Frumentarius
There ARE still great albums being made, though! You just have to find them.
Fully agree. Lots of great singer songwriters out there still making great music. Everyone has heard of him now, but great example is Chris Stapleton. Great songwriter and I love that bluesy, raspy voice. And has been writing songs for others for long time. I’m glad he decided to go out on his own.
Still can’t stand the tone of the lead singers voice (he hits my cochlear nerve like nails on a chalk board), but this is a cool breakdown of their albums.
Fair! 😂
Fru – I tried man, I love how you break this down, but these fella’s never took hold with me. I was more of a Toadies, Local H, RATM, Offspring fella. With a bit of Heavy metal, AC/DC and Hum thrown in. I do appreciate your take on them and how you went into depth with each release.
Thanks for the review on KoL. I confess my favorite song is Use Somebody. I have wanted to dive into this band because I’ve heard other songs I like but couldn’t tell you the name. This gives me a tutorial to explore and I’m quite looking forward to it. Thanks Fru.
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The Table Podcast
J. Scott Horrell Michael J. Svigel Darrell L. Bock
Key Differences Between Protestantism and Roman Catholicism
on February 9th, 2016 in Religion
MP3 MP4
In this episode, Dr. Darrell Bock, Dr. Scott Horrell and Dr. Michael Svigel discuss the Roman Catholic Church, focusing on key theological distinctions between Protestantism and Roman Catholicism.
Timecodes
The origin of the term Catholicity
The emergence of Protestantism
The great divide between Roman Catholics and Protestants
Pre-Roman Catholic Orthodoxy
The Apostle’s Creed
The Magisterium as Authoritative
The Creeds as Authoritative
Origins of the Pope
Papal Authority
Roman Catholic Ecclesiology
Role of the Virgin Mary in Catholicism
Sacramentalism and the Lord’s Supper
The Daily Mass
Indulgences and Purgatory
The Canon of Scripture
Darrell Bock
Welcome to The table. We discuss issues of God and culture. I’m Darrell Bock, Executive Director for Cultural Engagement at the Hendricks Center. And I have two very good friends and distinguished guests today to discuss our topic which is “The Difference Between Protestantism and Roman Catholicism,” and to look a little bit at the history of the development of the Church and how to think about that.
And on my left is Michael Svigel, who teaches in the Historical Theology Department. They keep changing the names on us. So, it used to be Systematics, but now you’ve involved to a historical level.
Michael Svigel
Theological Studies now, yeah.
So, it’s really Theological Studies. See, I still don’t get it right. And then Scott Horrell, who’s been here on campus – how long have you been teaching here now?
Scott Horrell
Eighteen years now.
Eighteen years. Yeah, you’re pushing two decades. That’s pretty serious.
Serious for sure.
So, both professors in Theological Studies. And really, I think we’re gonna have an enjoyable time discussing this. So, we’ll just dive in.
As we think about the Church, probably the first question people might have is explain to me why we speak of Catholicism or Catholicity, if I can say it that way – if you read the old creeds, you’ll see the phrase Catholicity, which is a word everybody uses every day. And then you’ve got Roman Catholicism, and you’ve Protestant – where did all that come from? What’s the starting point for thinking about that?
That sounds like a history question.
It is; it’s a history question.
Yeah, the term Catholic is first used in the early second century. Ignatius of Antioch uses it to describe the Church as a whole, as opposed to a local congregation. So, Catholic means “according to the whole.” So, as you think of Christianity, East to West, North to South, all holding to the same basic Trinitarian confession of faith, he uses the term Catholic. And Christ Himself is the head of the Catholic Church in that sense.
Eventually, then, they start discussing the Catholic Church of Alexandria, the Catholic Church of Antioch, the Catholic Church of Rome, indicating that we’re all part of this fraternity of bishops who are all preaching the same thing, teaching the same things. And that continues on for a couple centuries.
Eventually, you get the Roman Catholic Church, which ultimately is responsible, for the most part, planting the churches in the West, the Latin West. It becomes perceived as the mother church of the West. And the Eastern Church, also today called the Orthodox Church, had several of these cities with churches planted by apostles.
Interestingly, you had one church in the West, in Rome, planted by the apostles, responsible for most of the missions in the West, and that does something to you. They have his perceived prime authority in the Western Church, and you start to see East and West slowly drift. This is where you start to see this distinct Roman Catholic tradition versus the more diverse Eastern Catholic or Orthodox tradition developing.
So, in some senses, people think there are two groups, but there really are three, if you want to think of it that way. There’s the Orthodox or the Eastern Church, the Roman Catholic, which was the predominantly the Western Church until the reformation. And then you had those Protestants, those protestors. They’re a real problem.
Scott, where do the Protestants come in?
Oh, we come out of the 16th century. And we do build on a lot of the truths that the Church held until then. I think we have a fourth element, and those are called the Oriental Orthodox. And when we get to about 800, the Bishop Timothy or Metropolitan Patriarch Timothy over the Nestorian Church alone, had as many under his domain as Rome had under theirs. We forget about the East, which went all the way to Beijing, to Central China, to the Ganges River, to Nepal, Tibet, through Mongolia, all the way back to Babylon and further West from there.
So, there’s all of this. But the Protestants – we began with Luther’s nailing the theses to the Wittenberg door, by declaring, though there are forerunners from that – but by declaring we’re returning to Scripture, and there are certain truths there that we affirm that we feel the Roman Catholic Church has walked away from.
Okay. So, that produces one of the great divides in the history of the Church, the other one being the schism between East and West. Where does that fit in? I know we’re jumping around on the calendar here on the chronology, but –
Yeah, you have the – as Dr. Horrell mentioned, you have the Nestorian break. And by the fifth century, that’s accomplished. And then you have the break between East and West, when the patriarch of Constantinople and the bishop of Rome basically condemn each other, anathematize each other, that occurred in 1054. And it was over a Roman addition to the creed, which, according to orthodoxy, cannot be changed.
And so, to this day, those two branches – East and West – are divided, with no hope of reconciliation in sight yet at this point.
And the idea of Roman Catholicism, of course, is the point that Rome is seen as the – what? – the hub, city if you will, or “the first among equals” is the way that the pope, technically speaking, sits over Rome, but Rome is seen as the first among equals in the various cities and parishes that make up the Catholic Church. And that’s why it’s called Roman Catholicism. Is that basically correct?
That’s correct, yes, mm-hmm.
Okay. So, that kind of gets the basics out on the table in terms of what we’re dealing with. So, the idea of Catholicity is actually old and predates the Roman Catholic Church.
And it’s an attempt to affirm the essential unity that exists in belief in Christ and in the Trinitarian faith. And if we were to look for creeds that reflect this early – if I can say “pre-Roman Catholic Orthodoxy,” where would we find those kinds of statements?
Yeah, sure. So, already in the second century, you have these summaries of the faith that are usually used at baptism or instruction of new believers. They vary in the language from place to place but are essentially saying the same thing.
When you get into the Arian controversy in the fourth century, you see the Council of Nicea. Many scholars think they basically took a baptismal confession and just added a few clarifying points, and everybody – all the bishops East and West agreed to this, and this represent this Catholic faith in a creed form.
You also see the Definition of Chalcedon in 451, another agreement on the person of Christ being two natures in one person. This is another creed that is – a confession that’s shared East and West and by Protestants as well.
So, there’s a lot, at the fundamental level, the definition of Catholicity, that Protestants, Catholics, Eastern Orthodox all share in common.
Now, where does the Apostles’ – what’s called the Apostles’ Creed, where does it fit in this mix?
Yeah, that was probably based on a second century baptismal formula, used in Rome as a question and response form of baptism. “Do you believe in God the Father Almighty, Maker of Heaven and Earth?”
And then there would be an immersion or pouring.
Sounds like a wedding.
Yeah, exactly. “I do; I do; I do,” to all the questions. And so, there’s this three-fold confession, and those baptismal confessions is probably what contributes to the Apostles’ Creed, which also is adopted by Western Protestants.
Okay. Now, that kind of gives us an overview. Let’s take a look at some of the distinctive that mark out the difference between – and we’re really focused here on the difference between Roman Catholics and Protestants.
And I think probably a place to start is just how theology gets done, if I can say it that way. In other words, the role of Scripture versus the role of an entity that Protestants don’t talk about, but the Catholics do: the magisterium. What’s going on in that conversation, Scott?
Sure, I’ll pick that up. For Roman Catholicism, increasingly from especially Gregory the Great, I think around 600 on, there was a – there had been before, but a body of leaders that would say, “This is what the Scriptures actually say. And they’re drawing also from the traditions of the faith at that point.
So, Roman Catholicism very clearly declares that Scripture, the written Word, and tradition, the spoken word, when dogmatized by the magisterium, made absolute doctrine, they walked together through history. And that magisterium and that great tradition grows with time as the council of those determining the doctrine say, “This is what the text means.”
And when they do declare a certain theology as doctrine or dogma, that becomes binding and irrevocable. So, tradition and magisterium – or the tradition as defined by the magisterium – and Scripture are said to walk together through history.
Okay, who makes up the magisterium?
Well, those, today, are a council of cardinals, basically, aren’t they, Mike?
Mm-hmm, yeah, with the pope at the head. He’s the essential center of that magisterium.
So, pope down, he declares, in fact, who makes a part of that, who constitutes that magisterium. And they are – with the Roman Catholic Church, you see this kind of evolution of doctrine through the centuries, which the protestants reacted against.
And so, the Protestant teaching of sola scriptura is said to be in contrast to that. And, of course, that’s the idea that Scripture itself is the source of doctrine. And for Protestants, at least theoretically, there is not magisterium to function to make these kinds of judgments.
Yeah, barring the creeds. And it’s not a council of a magisterium, no.
Yeah. So, that certainly is one major difference. And so, that actually impacts the way you do theology, because on the one hand, Protestants tend to engage with the Scripture, “This is what Scripture teaches; this is where doctrine comes from,” whereas in the Roman Catholicism approach, you’ve got not only the Scripture but then you’ve got this large tradition that develops – although I must say, as an aside, that in some Protestant discussions of theology, when you read them – and I think, particularly here, oftentimes the reformed tradition, you’ve got this long history of creedal discussion that’s taken place since the Protestant Reformation, in which you do get a lot of references to various kinds of confessions or catechism – catechesis or whatever – that looks like it functions very much like a magisterium might. Am I misreading that?
Yeah, and that has been some complaints, since the Reformation, of kind of a reaction within Protestantism against this new magisterium in the form of these confessions. The Westminster Confession has particularly come under attack in the 19th and 20th centuries by some evangelicals.
But if you ask a Westminster reformed theologian, none of them would say the Westminster Confession is infallible, is the Spirit speaking through the Westminster Divines. They would say, “We believe this is the – an accurate interpretation of Scripture,” but they would never raise it up to the same level as –
And there is a difference.
Exactly right, yeah. And so, in fact, the Protestant Confessions are said to appeal to the Scripture for the content that they have, whereas in the context of Catholic doctrine, you get, I think, the recognition and really the admission that the way we do theology includes the magisterium as a part of a recognized process in which the Spirit is said to speak.
The magisterium really becomes a controlling factor of interpreting the Scripture. So, when you say that Mary was born without sin, not even a sin nature, and finally ascended into Heaven, which is official Roman Catholic dogma, that’s irrevocable. That is – that’s doctrine of the Church that cannot be changed in Roman Catholicism.
And one of the interesting things about that particular doctrine – that particular doctrine is that it actually was – I don’t know, sanctioned – I don’t know what the proper word is. But in the late 19th century, early 20th century –
Oh, the ascension – bodily ascension was, I think, the last papal decree of absolute binding doctrine in 1950-1951.
So, that late. Okay, then – and then the – what? – immaculate conception, I think –
That goes back further – what? – the 14th century? 13th century. Mike?
Yeah. And so, these are – this is a great example of doctrines that really have no basis in Scripture. There is no passage of Scripture you can go to that would even – this isn’t really a matter of interpretation of Scripture; this is new –
An extension of theology.
– an extension of theology.
But the ideal [sic] is that just as the Spirit spoke infallibly through the apostles and prophets, and we have that in the Scriptures, the Spirit is continuing to grant apostolic authority to the Church through the magisterium. And so, when there is this ex cathedra from the Seat of Authority Proclamation, it is the same Holy Spirit speaking infallibly through the Church.
And so, both of these then become norming authorities that must be read together in the process of doing theology.
So, I think it would be fair to say this is a pretty significant difference that we’re talking about in terms of how to do theology.
That the whole orientation of what counts for doing theology is pretty important, and whether you work exclusively with Scripture, where there’s Scripture and tradition get put together in some way that then builds your theology, that’s difference number one, if I can say it that way.
Mm-hmm.
Let’s turn our attention to another category that is probably the most obvious difference, if I can say it that way, people are immediately aware of, and that is the – that is the figure of the pope. Although we sometimes joke about a Protestant pope, I’m not sure we’ve ever had one. We certainly never had smoke coming out of a chimney to indicate who this figure is. But the pope has been an important part of the Roman Catholic Church for quite some time, although I think it would be fair to say you can’t go all the way back to the beginning to find the pope, although I’ve walked into the church – I think it’s Saint Paul in Rome, where it starts with Peter and goes through everybody coming all the way up – well, today it would be Francis. But when I was visiting there, it was Benedict.
But anyway, and so what’s the history of the office of the pope? And I’m introducing this with an awareness. My son went to a Roman Catholic college. He went to Saint John’s in New York. And in their religion class, they had a class on the Church, and they read a book by Hans Küng on the history and development of the papacy, in which Küng was complaining about the role of the pope in the Catholic Church as a Catholic.
It was actually fascinating reading. I read this book with him when he had the class. And so, most people aren’t aware of any of that. So, tell us, where’s the pope come from?
Sure. I’ll take that, and then Dr. Horrell can chime in if he wants. It is an acknowledged fact by respectable and responsible Roman Catholic historians and scholars that the papacy is a development. The facts of history are on the Protestant side there.
The issue now though is is this a development that is divinely sanctioned, or is this something that is merely a convenience or a contrivance? So, really the days of Roman Catholics saying Peter was the first pope, and the papacy has been as it is all the way through are more or less over.
However, at the popular level, and in much of the – many of the members of the hierarchy, there’s still this narrative that says Peter was the first pope and there’s been this unbroken succession.
What you can see, very early on, at least by the second century, is in the Church in Rome, you have a plurality of your elders or presbyters. And a presiding elder is someone who’s sort of the prime among equals in leadership, who eventually gets his own title of bishop and eventually, as time progresses, develops into this pope figure. Pope simply means father, papa, and that’s where it develops.
But so you may have a primary leader in that particular local church in Rome, but this idea of that leader becoming the bishop first of all of the Latin-speaking West and then of all of the whole Church, East and West, is a gradual development through the centuries.
And you start to see that really emerge in a serious kind of way, or at least claims that work in that way – what? – in the fifth century or so? Are we talking about that late or earlier?
Generally – yeah, it’s a gradual process, but generally Protestants are gonna look back and say Pope Gregory I, Gregory the Great, right around 600 is gonna be an emergence of somebody who really looks like a pope is going to look in the medieval period.
Okay. So – and the other interesting thing that’s in the backdrop is we do have evidence, earlier in the Church, of localities kind of pushing against one another in terms of Church issues. The one that I’m aware of is Corinth interacting with Rome on certain issues, where Rome is trying to assert its authority over Corinth, and Corinth pushes back and says, “No, no, no, no, no, this is our area; you don’t have the right to do this.”
Sure. Yeah, and you have that classic example is Polycarp of Smyrna and the bishop of Rome over what time of the year or what week of the season do we celebrate Pascha or Easter. And that was a difference of tradition.
And the tendency of the Roman Church was to create unity through uniformity. And it seems like they just couldn’t handle having people doing things differently than them, especially in their own jurisdiction. Whereas the East tended to be, “We’re united on the essentials, but there’s room for diversity of opinion and practice on lesser things.”
And so, you see this constant conflict when one wants to do things one way, and everybody should be the same versus those who say, “Look, there’s room for diversity here.” And that’s always been this historical conflict between East and West.
So, the idea of the pope is kind of the second area of difference. Protestantism really doesn’t have that. In one sense, at a practical level, you can see the difference. I mean there is this symbolic central figure who speaks – who’s seen to speak for the Catholic Church in a way that’s actually from a strictly marketing perspective, if I can say it that way, branding perspective. Pretty powerful.
And Protestants don’t have anything like that. In fact, they have, in contrast, sometimes a chaos going on, which Catholics, in pushing against Protestants, will say, “See, we’ve got our – we’re much more organized in some ways than you are.”
Yeah, “We have one pope, you have a million popes.”
Yeah, yeah, yeah.
Everybody thinks that they’re in charge.
They are the pope, yes.
So, it’s an interesting contrast. Well, let’s talk about a third area and see if we can squeeze it in before the break.
May I make one more point in there?
Yeah, yeah, sure, absolutely.
Papal infallibility, the idea that when the pope speaks ex cathedra, from the throne, declaring doctrine, that is a doctrine only from Vatican I 1870. So, it goes back a little over a 100 years.
Yes. I think it’s – I think the fascinating thing about this discussion, just from observing it from a historical point of view, is to see – you know, this is theology in development in the Roman Catholic Church.
And you can see it. And there are places – you know, this is the teaching of the Church, but it’s the recent teaching of the Church.
Sure, mm-hmm.
You could see it build, much like a volcano builds, and eventually it erupts and becomes obvious. You can see the movement moving in a certain direction, but it actually doesn’t become declared and official until some of these statements come out. And some of them are very, very light and often in reaction to things that are going on in larger Christendom that compel the Church to be responsive as some people would describe the Roman Catholic Church as a reactive entity in many ways. And I think you see that.
And, of course, the history of councils and conferences usually is reacting to something that’s going on that needs a statement. That’s not necessarily a negative thing; it’s part of doing the discerning work of the Church. But it’s there, and it’s obvious, and it’s a part of what is often happening.
So, I think this is a fascinating part of the Church that most people are very unaware of.
Well, so, we’ve talked about two major differences. We’ve talked about the magisterium, and we’ve talked about the role of the pope. A third area I was gonna try and squeeze in before the break, but there’s no way we’re gonna be able to get away with this, but a third area to talk about is the role – another very difference people are well aware of is the role of Mary, which is actually an extension of what I would consider to be Roman Catholic ecclesiology, how ecclesiology works in the Roman Catholic Church, and how that extends.
So, what I want to do on the other side of the break is to come back and talk about those elements. What – how does the Church see itself as a mediator, if I can say it that way, between the believer and God in contrast to the Protestant Church, and what role does a figure like Mary play, who’s very, very prominent.
And it’s not just Mary alone; it’s the saints, etcetera. And what kind of role – that seems to me to be a third difference, and it’s one that people are transparently aware of as they interact with the public perception of what Roman Catholicism is.
We’re slowly but surely moving to what may be one of the more important differences, and that is the way in which the Church is placed in reference to both believer and God and also how the Church functions in the world in Roman Catholic thinking.
Scott, how does that work? How is that – what’s the difference there between Roman Catholics and Protestants?
Well, the Catholic Church really does see itself as kind of this holding bin or repository of what we call saving grace. It is through the Church that people are saved. And so, the sacraments. But by vesture of Peter, being the first pope allegedly, and the apostolic succession, the Church is seen as that entity in the world that distributes God’s saving grace to believers, and even more broadly than that, in one sense, since Vatican II.
So, it is only through the Church, and really the sacraments of the Church, that are primary in terms of one’s salvation.
So, the symbolism that’s often associated with this is the idea that the Church holds the keys to the kingdom, if I can say it that way.
And so, basically, the sacraments are seen as those elements of the distribution of grace. Now, I can see a Protestant listening to this and going, “Whoa, whoa, whoa, whoa, whoa. I thought it comes through Christ. How did that happen?” And so, what – I mean one, how does a Catholic explain that, and then two, what exactly is going on here in terms of the way this is seen?
Yeah, so, that’s exactly right. The Scripture – a Protestant – a good Protestant is gonna go straight to there’s one mediator between God and man, the man Christ Jesus, and they’ll say, “Well, how can you have the Church mediating salvation when Christ is the mediator?” It’s a good point.
The response would be, “Well, the Church is the body of Christ, the extension of Christ and the incarnation into the world, and it mediates the body and blood of Christ through the sacrament of the Eucharist. And so, they’re not seeing a difference. Christ, yes, is the Mediator, but He chooses to mediate through the Church.
Peter is the vicar or the stand-in for Christ. Christ Himself gave the keys, metaphorically, to Peter to open and shut the gate to Heaven. And this is this idea, as got mentioned, the Church has this infinite deposit of grace purchased by Christ through His death. And it then dispenses it, as it sees fit, through the various sacraments.
And some people, some saints like Mary, or some of the other saints that you can see pictures or statues of, are, through their merits, by grace, have an overflowing abundance of grace. And so, Mary, in the song, “Hail, Mary, full of grace,” we know in the Scripture that means she is especially favored, a recipient of God’s grace.
She’s being greeted as a recipient –
Greeted, exactly. They will take that plena gratia as she’s so full of grace she’s overflowing with it and has extra grace for those who come to her.
And other saints as well.
And other saints as well. So, she’s overflowing with grace.
So, that’s where the Mary part of this, which people are most probably aware of, as an extension of what this is teaching, comes in. She’s seen as someone to whom we can appeal, yet another picture of a physical mediator.
You know, in the old way that mass was done, and it’s still done in some forms of Roman Catholicism, this was pictured by the fact that parishioners would take one element of the Lord’s Table, but then the priest would end up taking the other element and now offer it to the parishioner, as a way of picturing this mediation. Is that correct?
Sure, yeah, yeah. So, the priest himself was standing in, represented the congregation in the reception. Only the priest, for many, many centuries, would receive the wine part of the Eucharist. And the theology of that was, “Well, if Christ is physically – His humanity and divinity is fully really present in the bread and the wine, just taking one, you’re getting the fullness of Christ. You don’t necessarily need the second one. So, there’s that theology drive and that practice.
There’s a reality to this, what we call sacramentalism, that might surprise many who are evangelicals listening, and that is that it’s the very element itself, as Mike has well said, whether the bread or the wine, or the baptism prior to that. That’s the first sacrament, really. But it is by vesture of the Church doing it, irrespective of whether the priest himself is walking with God or, for that matter, though it should be done in faith, but the sacrament has saving value in itself. And that’s really powerful.
And so, the sacrament, in a Roman Catholic view, is a direct – it gives direct access to grace in a way that in Protestantism does not take place.
It’s more – symbolic may be too soft a word, ’cause that only represents some Protestant tradition. But in Protestant belief, the idea of faith or something like that actualizes the grace, if I can say it that way, or generates the benefit, and then the rite pictures that exchange, as opposed to being directly involved.
There’s an interesting element here. We probably should go through this as we think through, say, what we call the Lord’s Supper. The different ways in which that’s seen – you know, there’s – what? – transubstantiation, consubstantiation, the memorial view, that kind of thing.
Let’s quickly go through the different ways that the sacrament of the Lord’s Supper is seen, both within Roman Catholicism on the one hand, and then the various forms of Protestant expression on the other. ‘Cause that gets at this, I think, in many ways.
Yeah, in the Roman Catholic Church, the official dogma from about the middle of the medieval period on has been transubstantiation. That is – and there’s a lot of philosophy and Aristotelianism going on here.
But in essence, when you are taking – ingesting the bread or the bread and the wine, you are ingesting, in its invisible essence, the real, physical body, blood, soul, and divinity of Jesus Christ. And that immortalized reality of Christ’s resurrection-glorified body is going to infuse in you; it’s going to transform you in some way and enable you to live the Christian life in some sense and impart to you life.
In the Protestant tradition, we don’t have a transubstantiation doctrine. The closest you would get would be Martin Luther’s consubstantiation, which says you’re actually eating the bread and the wine, but with that, attached to that by God’s grace, you are receiving also this –
Yeah, I call it the over, under, around, and through view.
Through and with. It’s a little tricky. But for the most part, the Protestant doctrine of the Lord’s Supper is going to range from a – this is a symbol of a reality, a means of devotion to a – we are receiving this from – as if from Christ’s hands, and it is imparting to us some spiritual blessing. And Christ is present as the Host of the meal, not in the wafer.
So, the range is, we’ve got a strictly memorial view, where we’re basically recalling and memorializing and honoring what it is that God has done –
Picturing, yeah.
– picturing what God has done for us, all the way over to there’s something spiritual happening here, but it’s not in the elements itself.
You mean among evangelicals.
Yeah, among evangelicals, right, yeah.
With the exception of the Lutheran, which does say there’s something physical going on there, but it’s more of a mystery.
Okay. So, again, this is another significant difference. It used to always baffle me – I think would be the word – why it is that Catholics felt the responsibility to have a daily mass. But if you think about what it is that’s taking place in the mass, because the mass if built around this – is really built around the table – when you think about what’s going on in the mass and this idea that grace somehow gets communicated to you through this rite, the idea of, if I can use a picture, plugging in every day to get more grace, if I can say it that way, makes more sense when you think through what the theology is saying.
I mean it makes sense to draw on grace that’s available to you in this way. I’m not saying that’s right or it’s biblical, but I’m simply saying it’s consistent.
Yeah, it makes sense, doesn’t it? Yeah.
It’s a consistent kind of way of thinking about how grace can work. But it’s very contrastive to the Protestant picture which says that once you experience the grace of God, you are a member of this community. You know? And there’s something – there’s something permanent about what Christ has done. What Christ has done is once and for all, in a way that the repeating of the mass and the distribution of grace seems to work against. Is that a –
Well, I would say there’s a flipside to this in Catholicism as well. I lived in Brazil for many years. Many are simply baptized into the Church, that first sacrament. Maybe a few will take a first Eucharist, the Lord’s Supper. And apart from that, they don’t care. That has – those two acts of the sacraments and their lives they – the Catholic Church would affirm is sufficient already for their eternal salvation – Even though they may not believe much else, that’s the safeguard that keeps them there.
So, they’ve checked the box.
They’ve checked the box, and faith should be a part of it, every Roman Catholic would say, but isn’t always a part of it. It’s – they’re just getting through the door.
Hmm, interesting. So, I’m just gonna review here. So, we’ve talked about magisterium and how theology gets done. We’ve talked about the pope. We’ve talked about this role that the Church has kind of a mediator standing between the believer and God, again in contrast to Protestantism, in which there’s the priesthood of all believers.
There’s direct access to God – direct access to God through Christ for a believer in Protestantism in a way that is pictured and expressed theologically that is distinct from the way the Roman Catholic Church is doing. And so, this difference in how ecclesiology is seen is a pretty important significant difference between the two traditions. Fair?
And then, of course, we’ve got the role of the sacraments in the way in which grace is said to be communicated in a Roman Catholic context; it’s different from the way it’s handled in Protestantism.
Let’s talk about a couple of other things that make for differences, some of which are famous – or infamous, depending on how you look at them. And I want to – I want to come to the idea of indulgences, because indulgences really triggered, in many ways – it’s one of the things that triggered the Protestant Reformation.
So, let’s talk about how indulgences function in the Roman Catholic Church and what the reaction was that actually was one of the catalysts for the Protestant Reformation. And I don’t know who wants to take that one, but who wants to talk about –
Well, indulgences, of course, grew from, in part, the doctrine of purgatory. And so –
Oh, good. That was another one I wanted to talk about.
Oh, all right. Well, I don’t want to jump the gun.
No, we got a twofer; this is great.
All right. Well, purgatory’s really not in the Scriptures. Some will try to base it in – what? – 2 Corinthians 3 – or 1 Corinthians 3, where the foundation remains but everything else is burned off. But the idea of purgatory grew with time, as even some Catholics who are critics of their own Catholic faith would say, “It sure looked good for filling the coffers to build the churches with.”
Indulgences are your acts or payments to escape the punishment of every unworthy believer for entering Heaven. Wasn’t – it didn’t apply to nonbelievers, at least initially, in the history of the Church. Rather, it was Christians – Catholic Christians – who must yet suffer because their lives were not worthy to go into Heaven.
So, indulgences and the business of indulgences grew immensely to build the Roman Catholic Empire in many ways.
So, it comes alongside purgatory. Another Catholic distinctive is the idea of confession, which is –
– a part of this edifice of what we’re talking about. “How do I respond to sin after I’ve come to Christ,” is almost the way we’re thinking about these. And these are all related.
And so, there’s this whole system of dealing with sin in the Roman Catholic Church that’s very distinct from the way Protestants tend to deal with it. So, go ahead; I interrupted you. Go ahead and develop what happened with indulgences and what the reaction was.
Well, it became so stark, by the time of the Reformation – and here Mike’s the expert. But as Luther and others looked at Scripture and said, “Wait a minute. Justification is by faith; it is a free gift of God by merit of what Christ has fully accomplished.” He would argue that the Catholic Church, by these indulgences, is really saying that the work of Christ on the cross is insufficient for our full salvation. Believers yet have to pay in suffering in purgatory before they are allowed into Heaven.
There’s a great moment in Martin Luther’s life as we’re moving toward –
I was hoping you were gonna mention this.
I don’t know if I got the same story, but he was visiting Rome, and one of the things that you would do – it was almost like an indulgence obstacle course. You could go through various things and do some things to get time out of purgatory.
And one of the famous ones – even to this day, I visited it myself, did not climb it, but the sacred steps that Jesus apparently climbed.
Yeah, we’re in the same place.
And Martin Luther climbed it in order to buy one of his relatives out of purgatory, get some time there. And he gets to the top of the thing –
You crawl on your knees.
Yeah, exactly. And there’s prescribed prayers that you say each time you – for each step.
You go there today, the steps have almost indentions in them –
They do. Over the centuries –
– all the knees over all the centuries, yes.
And I took the side steps, ’cause I was a Protestant.
I took the escalator.
I was a good Protestant; I didn’t hit my knees at all. Okay?
Exactly. So, Luther got up to the very top, and he got his little paper of indulgence. And he looks down the stairs and sees all these people climbing, and he has this thought in his head, “How do we know any of this is true? How do we know this is true?”
And it became, “Well, what is our authority for doctrine? What is our authority for this kind of thing?” And he – well, where do you go? Well, he goes to the Bible, and there’s no basis for this in Scripture. So, this whole business of indulgences was one of the things that pushed Luther to rethink the whole concept of salvation.
You know, in the Roman Catholic Church, this is fair to say the salvation is more of a process; it’s a lifelong process. You’re involved in the process through participation in the Church and the sacraments. You can kinda get off the train, and that’s not good; you’ll end up in purgatory. But if you keep on, there is some sense of security, whereas in the Protestant tradition, there is the sense of you are justified – a one-time experience of salvation, and then an outworking of spiritual growth.
So, there is a – more of a momentary conversion and salvation that is played out to vindication.
The decisive moment – you know, I mean salvation’s a process in Scripture, but how it plays out is very, very different. It’s not – it’s not something – in the Roman Catholic Church, you almost have the sense of having to maintain it.
But in Protestantism, it’s there; you have it; you’re sealed with the Spirit until the consummation.
You cultivate it.
Exactly. You – there’s still a process, and you cultivate it, and you grow in it and all those kinds of things.
We colleague it sanctification.
But your status is guaranteed –
– from the very beginning. And so, that part of it is an important part of the conversation.
You know, those steps are interesting. They’re located, if I remember correctly, I think they’re located near the church that is the seat for the Romans –
Yeah, St. John’s.
St. John’s Lateran –
Yeah, that’s right.
– which is the primary church in Rome for the city of Rome. It’s not the Vatican.
And it is a stunning location to visit, just because of the history that’s associated with it and that kind of thing.
Well, this issue of purgatory and indulgences and these things that feed into the magisterium, if I can say it that way, raises another issue that comes alongside that’s another difference, and that is the books that count for being a part of Scripture. Okay?
One of the things that happened with purgatory, at least that I’m aware of, and working in the New Testament studies, ’cause we work with intertestamental – what we call intertestamental literature, or second temple literature, the Jewish material that’s written between the testaments, is that in Roman Catholicism, those books, which are known as the Apocrypha to many protestants are called – are sometimes called the deuterocanonicals, the second level of the canon, if you want to think of it that way.
And so, these books do have some teaching and doctrines that the Old Testament, the Hebrew Scripture didn’t have and that the Catholics did draw upon to make some of the theological moves that they did, purgatory being perhaps one of the more outstanding examples.
And so, you have this additional layer of Scripture. And I often get asked the question, “What are those other extra books? What’s going on there?” And so, how does that fit into the scheme of things, and when did those books come to be recognized as part of the Catholic Bible, which I think is an interesting part of this story as well.
Yeah, that’s a great question. As you know, these books were floating around in the intertestamental period for the most part. They were part of the Septuagint, the Greek translation of the Hebrew Scriptures. Not part of the Hebrew text that the Jews were using. So, this, already in the early Church, there was some debate or question about how much should we use these things?
It was universally acknowledged that these are helpful books.
They’re inspirational, I like to say, not inspired.
Yeah, yeah, mm-hmm.
And in fact, Martin Luther had them translated, and he provided introductions for them and valued them as being good Christian literature, but not canonical, not as a basis for theology.
And it’s interesting. Yeah, there are a few passages that you – if you already hold the doctrine of purgatory, you could go to those passages and gain more support.
See, there’s something there.
But you could never really build the doctrine of purgatory from those few passages any more than you could from the rich man and Lazarus or 1 Corinthians 3. It’s more of a doctrine in search of a text.
So, I would say even if those doctrine – those books were in the Protestant Bible, we would not be Roman Catholic. Right? So, they’re not the key to becoming Roman Catholic. Those things were added officially, though, as they did float around in the background for a while through the centuries. They were added officially only after the Reformation as part of the Counter-Reformation, the Council of Trent in the 1540s.
So, yet another example of how the development of theology, as it operates in the Catholic Church , has incorporated things to round out the basis for what’s being claimed.
Well, we’ve really walked through a whole series of distinctions between Roman Catholicism and Protestantism. I’m gonna ask you a horrible question, with a couple of minutes left, and that is if you were to summarize kind of what you think the key difference between Roman Catholicism and Protestantism, and you could put it in a paragraph or so, what would that be? I’ll let you each get a crack at that question.
Yeah, I would say the key difference is, Roman Catholicism is always Christianity plus. And so, it’s grace plus something else, faith plus works. It’s the work of Christ plus the intercession of Mary and the saints. The canonical books plus he Apocrypha. It’s seems like there’s additions – the problem is not that they’re denying the Trinity and the deity and the humanity of Christ in the center of Orthodoxy. It’s just that they are dogmatically adding layers to that, that become very distracting from the purity of the Gospel.
Interesting. Scott?
Yeah, I would say it is the source of authority finally. Is it the Bible itself that then is the judge of all tradition, or is it vice versa? That’s number one. Number two is that source of authority, coming down through – coming down through Peter, or really through Mary, who is now the queen of Heaven, as this ascended one – that’s a good example of doctrine that has built on itself without any real –
To the point where the addition almost takes the –
Highest place, yeah.
– the top role and layer that it didn’t previously ever have.
She’s the co-mediatrix. She’s the co-redeemer with Christ, the new Eve as Christ is the last Adam. And so, yeah, both that parallel tract, which really – especially outside of North America and Europe – really dominates Catholicism as I’ve seen it in different parts of the world.
So, Mary becomes a chief mediator, almost supplanting the place of Christ, though a good Catholic would say, “No, but it’s through Mary Christ works.
Ooh, we’re running out of time. You know, one of the things that you’ve raised here at the end that people do need to be aware of is that Catholicism does have a little bit of a different character, depending on where you are in the world in terms of what gets emphasized.
And so, to think of Catholicism as kind of this huge monolithic thing, it actually is a conglomeration of a variety of expressions.
But what they share is this additional element that reflects the development of theology in the way its theological means are structured. And you’ve got a book there called The Catechism of the Catholic Church that does a good job of letting Catholics speak for themselves.
Well, this 46 minutes has flown by, and I want to thank you all for taking the time to come in and talk with us about the difference between Roman Catholics and Protestants. It’s a fascinating discussion, and I’m sure we’ll have you back to talk more about these kinds of theological issues.
We thank you for being a part of The Table –
– and hope you’ll be back again with us soon.
Darrell L. Bock
Dr. Bock is senior research professor of New Testament and executive director for cultural engagement at Dallas Theological Seminary. He has authored or edited more than forty books, including Jesus according to Scripture: Restoring the Portrait from the Gospels, Jesus in Context: Background Readings for Gospel Study, Studying the Historical Jesus: A Guide to Sources and Methods, Jesus the Messiah: Tracing the Promises, Expectations, and Coming of Israel’s King, Who Is Jesus?: Linking the Historical Jesus with the Christ of Faith, and Key Events in the Life of the Historical Jesus: A Collaborative Exploration of Context and Coherence.
J. Scott Horrell
Professor of Theological Studies, Dr. Scott Horrell was born in Wenatchee on the Columbia River and grew up in Ephrata and Quincy in central Washington State. He is a graduate of Seattle Pacific University. He has pastored five times, twice in urban Brazil. Now he has enjoyed 22 years at DTS with about the same number of years in ministry outside the US, centered on teaching Bible doctrine, theology, church planting, and pastoral training. He is currently an adjunct professor of doctoral studies at SETECA in Guatemala, and occasional adjunct professor at others schools in various parts of the world. He and his wife Ruth are grateful for their two daughters, two son-in-laws, and eight grandchildren.
Michael J. Svigel
Department Chair and Professor of Theology and Church History, patristic scholar, writer, husband and father, accordion player. Passionate about the church and her Lord.
Tags: catholicismchurchprotestant
Scripture: 1 Corinthians1 Corinthians 32 Corinthians2 Corinthians 3
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Video game series
Action role-playing
Developer(s)
Bethesda Softworks (1994–1998)
Bethesda Game Studios (2002–present)
Vir2L Studios (2003–2004)
TKO Software (2004)
ZeniMax Online Studios (2014)
Dire Wolf Digital (2017)
Publisher(s)
Bethesda Softworks (1994–present)
Nokia (2004)
MS-DOS, Microsoft Windows, Xbox, Xbox 360, PlayStation 3, N-Gage, J2ME, Xbox One, PlayStation 4, macOS, Nintendo Switch, Android, iOS
The Elder Scrolls: Arena
The Elder Scrolls is a series of action role-playing open world epic fantasy video games primarily developed by Bethesda Game Studios and published by Bethesda Softworks. The series is known for its elaborate and richly detailed open worlds and its focus on free-form gameplay. Morrowind , Oblivion and Skyrim all won Game of the Year awards from multiple outlets. The series has sold more than 50 million copies worldwide. [1]
Action role-playing video games are a subgenre of role-playing video games. The games emphasize real-time combat where the player has direct control over the characters as opposed to turn or menu-based combat. These games often use action game combat systems similar to hack and slash or shooter games. Action role-playing games may also incorporate action-adventure games, which include a mission system and RPG mechanics, or massively multiplayer online role-playing games (MMORPGs) with real-time combat systems.
In video games, an open world is a virtual world in which the player can explore and approach objectives freely, as opposed to a world with more linear gameplay. While games have used open-world designs since the 1980s, the implementation in Grand Theft Auto III (2001) set a standard that has been used since.
High fantasy or epic fantasy is a subgenre of fantasy, defined either by the epic nature of its setting or by the epic stature of its characters, themes, or plot. The term "high fantasy" was coined by Lloyd Alexander in a 1971 essay, "High Fantasy and Heroic Romance".
Before The Elder Scrolls
Battlespire and Redguard
Online and Legends
The "Elder Scrolls"
Within the fictional The Elder Scrolls universe, each game takes place on the continent of Tamriel. The setting is a mix of early or pre-medieval real-world elements, often revolving around a powerful Roman-like Empire in a world with very limited technological capabilities, and high fantasy elements, such as widespread magic use, travel between parallel worlds and the existence of many mythological creatures such as dragons. The continent is split into a number of provinces of which the inhabitants include humans as well as popular humanoid fantasy races such as elves, orcs and anthropomorphic animals. A common theme in the lore is that a chosen hero rises to defeat an incoming threat, usually a malevolent being or an antagonistic army.
A fictional universe is a self-consistent setting with events, and often other elements, that differ from the real world. It may also be called an imagined, constructed or fictional realm. Fictional universes may appear in novels, comics, films, television shows, video games, and other creative works.
The Roman Empire was the post-Republican period of ancient Rome, consisting of large territorial holdings around the Mediterranean sea in Europe, North Africa and West Asia ruled by emperors. From the accession of Caesar Augustus to the military anarchy of the third century, it was a principate with Italy as metropole of the provinces and its city of Rome as sole capital. The Roman Empire was then ruled by multiple emperors and divided in a Western Roman Empire, based in Milan and later Ravenna, and an Eastern Roman Empire, based in Nicomedia and later Constantinople. Rome remained the nominal capital of both parts until 476 AD, when it sent the imperial insignia to Constantinople following the capture of Ravenna by the barbarians of Odoacer and the subsequent deposition of Romulus Augustus. The fall of the Western Roman Empire to Germanic kings, along with the hellenization of the Eastern Roman Empire into the Byzantine Empire, is conventionally used to mark the end of Ancient Rome and the beginning of the Middle Ages.
A dragon is a large, serpent-like legendary creature that appears in the folklore of many cultures around the world. Beliefs about dragons vary drastically by region, but dragons in western cultures since the High Middle Ages have often been depicted as winged, horned, four-legged, and capable of breathing fire. Dragons in eastern cultures are usually depicted as wingless, four-legged, serpentine creatures with above-average intelligence.
Since debuting with Arena in 1994, the series has produced a total of five main games (of which the last three have each featured two or three expansions) as well as several spin-offs. [2] In 2014, a massively multiplayer online role-playing game, The Elder Scrolls Online , was released by Bethesda's affiliated ZeniMax subsidiary ZeniMax Online Studios.
The Elder Scrolls: Arena is an action role-playing video game developed and published by Bethesda Softworks. The first game in the Elder Scrolls series, it was released for MS-DOS on March 25, 1994. Like its sequels, Arena takes place on the continent of Tamriel, complete with wilderness, dungeons, and a spell creation system that allows players to mix various spell effects.
An expansion pack, expansion set, supplement, or simply expansion is an addition to an existing role-playing game, tabletop game, video game or collectible card game. These add-ons usually add new game areas, weapons, objects, characters, or an extended storyline to an already-released game. While board game expansions are typically designed by the original creator, video game developers sometimes contract out development of the expansion pack to a third-party company, it may choose to develop the expansion itself, or it may do both. Board games and tabletop RPGs may have been marketing expansions since the 1970s, and video games have been releasing expansion packs since the 1980s, early examples being the Dragon Slayer games Xanadu Scenario II and Sorcerian. Other terms for the concept are module and, in certain games' marketing, adventure.
In media, a spin-off is a radio program, television program, video game, film, or any narrative work, derived from already existing works that focus on more details and different aspects from the original work.
Timeline of release years
Main series in bold
1994 The Elder Scrolls: Arena
1996 The Elder Scrolls II: Daggerfall
1997 An Elder Scrolls Legend: Battlespire
1998 The Elder Scrolls Adventures: Redguard
2002 The Elder Scrolls III: Morrowind
The Elder Scrolls III: Tribunal
2003 The Elder Scrolls III: Bloodmoon
The Elder Scrolls Travels: Stormhold
2004 The Elder Scrolls Travels: Dawnstar
The Elder Scrolls Travels: Shadowkey
2006 The Elder Scrolls IV: Oblivion
The Elder Scrolls IV: Knights of the Nine
2007 The Elder Scrolls IV: Shivering Isles
2011 The Elder Scrolls V: Skyrim
2012 The Elder Scrolls V: Skyrim – Dawnguard
The Elder Scrolls V: Skyrim – Hearthfire
The Elder Scrolls V: Skyrim – Dragonborn
2014 The Elder Scrolls Online
2016 The Elder Scrolls V: Skyrim – Special Edition
2017 The Elder Scrolls: Legends
The Elder Scrolls: Skyrim - VR
The Elder Scrolls Online - Morrowind
2018 The Elder Scrolls Online - Summerset
2019 The Elder Scrolls: Blades
The Elder Scrolls Online - Elsweyr
TBA The Elder Scrolls VI
Prior to working on The Elder Scrolls series, Bethesda had worked predominantly with sports and action games. In the six years from its founding to Arena's 1994 release, Bethesda had released ten games, six of them sports games, [3] with such titles as Hockey League Simulator, NCAA Basketball: Road to the Final Four ('91/'92 Edition), and Wayne Gretzky Hockey, [4] and the remaining four adaptations from other media, [3] primarily the Terminator series. [4] Bethesda's course changed abruptly when it began its first action role-playing venture. Designer Ted Peterson recalls: "I remember talking to the guys at Sir-Tech who were doing Wizardry VII: Crusaders of the Dark Savant at the time, and them literally laughing at us for thinking we could do it." [5] Ted Peterson worked alongside Vijay Lakshman as one of the initial designers of what was then simply Arena, a "medieval-style gladiator game." [5] [6] "
Sir-Tech Software, Inc. was a United States and Canada-based video game developer and publisher.
Wizardry VII: Crusaders of the Dark Savant is the seventh title in the Wizardry series of role-playing video games by Sir-Tech Software, Inc., preceding Wizardry 8 and succeeding Wizardry VI: Bane of the Cosmic Forge. It is also the second entry in the 'Dark Savant' trilogy. The game was published in 1992 by Sir-Tech, originally developed for DOS. In 1996 it was remade into Wizardry Gold, designed to work on Windows and Macintosh, and distributed by Interplay.
Main article: The Elder Scrolls: Arena
Peterson and Lakshman were joined by Julian Lefay who, according to Peterson, "really spear-headed the initial development of the series". [5] Peterson, Lakshman, and LeFay were longtime aficionados of pen-and-paper role-playing games, [5] which greatly influenced the creation of the world of Tamriel. [6] They were also fans of Looking Glass Studios' Ultima Underworld series, their main inspiration for Arena. [5] Initially, Arena was not to be a role-playing game at all. The player, and a team of his fighters, would travel about a world fighting other teams in their arenas until the player became "grand champion" in the world's capital, the Imperial City. [6] Along the way, side quests of a more role-playing nature could be completed. As the process of development progressed, however, the tournaments became less important and the side quests more. [5] Role-playing game elements were added, as it expanded to include cities outside the arenas, and dungeons beyond the cities. [6] Eventually it was decided to drop the idea of tournaments altogether, and focus on quests and dungeons, [5] making the game a "full-blown [role-playing game]". [6] Although the team had dropped all arena combat from the game, all the material had already been printed up with the title, so the game went to market as The Elder Scrolls: Arena. According to Peterson, "I think Vijay was the guy who tacked on the surtitle "The Elder Scrolls." I don't think he knew what the ... it meant any more than we did, but the opening voice-over was [changed to "It has been foretold in the Elder Scrolls ..." [Vijay Lakshman who then worked at Christopher Weaver's Bethesda Softworks came up with the name of The Elder Scrolls, [5] , and the words eventually came to mean "Tamriel's mystical tomes of knowledge that told of its past, present, and future". [6] The game's initial voice-over was changed in response, beginning: "It has been foretold in the Elder Scrolls ..." [5]
Looking Glass Studios, Inc. was an American video game developer based in Cambridge, Massachusetts. The company was founded by Paul Neurath with Ned Lerner as Blue Sky Productions in 1990, and merged with Lerner's Lerner Research in 1992 to become Looking Glass. Between 1997 and 1999, the company was part of AverStar. Following financial issues at Looking Glass, the studio shut down in May 2000. Notable productions by Looking Glass include the Ultima Underworld, System Shock and Thief series.
Ultima Underworld: The Stygian Abyss is a first-person role-playing video game (RPG) developed by Blue Sky Productions and published by Origin Systems. Released in March 1992, the game is set in the fantasy world of the Ultima series. It takes place inside the Great Stygian Abyss: a large cave system that contains the remnants of a failed utopian civilization. The player assumes the role of the Avatar—the Ultima series' protagonist—and attempts to find and rescue a baron's kidnapped daughter.
Voice-over is a production technique where a voice—that is not part of the narrative (non-diegetic)—is used in a radio, television production, filmmaking, theatre, or other presentations. The voiceover is read from a script and may be spoken by someone who appears elsewhere in the production or by a specialist voice talent. Synchronous dialogue, where the voiceover is narrating the action that is taking place at the same time, remains the most common technique in voiceovers. Asynchronous, however, is also used in cinema. It is usually prerecorded and placed over the top of a film or video and commonly used in documentaries or news reports to explain information. Voiceovers are used in video games and on-hold messages, as well as for announcements and information at events and tourist destinations. It may also be read live for events such as award presentations.
Bethesda missed their Christmas 1993 deadline. The game was released in the first quarter of 1994, "really serious [mistake] for a small developer/publisher like Bethesda Softworks". The packaging included a scantily clad female warrior, which further contributed to distributor concern, leading to an initial distribution of only 20,000 units. Having missed the Christmas sales season, the development team was concerned that they "had screwed the company". Nevertheless, sales continued to grow, month after month, as news of the game was passed by word-of-mouth. [5] Despite some initial bugginess, [5] and the formidable demands the game made on players' machines, [7] it became a cult hit. [3] Evaluations of the game varied from "modest" [7] to "wild". [3] Still, the game maintained traction with its audience. Game historian Matt Barton concluded that "the game set a new standard for this type of role-playing video game, and demonstrated just how much room was left for innovation." [7]
A software bug is an error, flaw, failure or fault in a computer program or system that causes it to produce an incorrect or unexpected result, or to behave in unintended ways. The process of finding and fixing bugs is termed "debugging" and often uses formal techniques or tools to pinpoint bugs, and since the 1950s, some computer systems have been designed to also deter, detect or auto-correct various computer bugs during operations.
A role-playing video game is a video game genre where the player controls the actions of a character immersed in some well-defined world. Many role-playing video games have origins in tabletop role-playing games and use much of the same terminology, settings and game mechanics. Other major similarities with pen-and-paper games include developed story-telling and narrative elements, player character development, complexity, as well as replayability and immersion. The electronic medium removes the necessity for a gamemaster and increases combat resolution speed. RPGs have evolved from simple text-based console-window games into visually rich 3D experiences.
Main article: The Elder Scrolls II: Daggerfall
A first-person screenshot from Daggerfall, demonstrating the user interface and graphical capabilities of the game.
Work on The Elder Scrolls II: Daggerfall began after Arena's release in March 1994. [8] Ted Peterson was assigned the role of lead game designer. [5] Daggerfall's plot was less clichéd than Arena's and involved a "complex series of adventures leading to multiple resolutions." [5] With Daggerfall, Arena's experience-point-based system was replaced with one rewarding the player for actually role-playing their character. [8] Daggerfall came equipped with an improved character generation engine, one that included a GURPS-influenced class creation system, offering players the chance to create their own classes, and assign their own skills. [5] [9] Daggerfall was developed with an XnGine engine, one of the first truly 3D engines. Daggerfall realized a game world the size of Great Britain, [8] filled with 15,000 towns and a population of 750,000. [3] It was influenced by analog games and literature that Julian LeFay or Ted Peterson happened to be playing or reading at the time, such as Dumas's The Man in the Iron Mask and Vampire: The Masquerade . [5] It was released on August 31, 1996. [10] Like Arena, Daggerfall's initial release suffered from some bugs, leaving consumers disgruntled. [7] These early anomalies were fixed in later versions. This experience led to a more prudent release schedule for future games. [11]
Following the release of Daggerfall, work began on three separate projects at once: An Elder Scrolls Legend: Battlespire , The Elder Scrolls Adventures: Redguard , and Morrowind. Battlespire, originally titled Dungeon of Daggerfall: Battlespire, was the first of the three to be released, [12] on November 30, 1997. [13] Originally designed as an expansion pack for Daggerfall, it was repackaged as a stand-alone game. Battlespire focused on dungeon romping and offered multiplayer gaming—player versus player deathmatch— the only series title to do so [12] before the release of The Elder Scrolls Online in 2014. Redguard was the second of the three titles to be released, on October 31, 1998. [14] It was a pure action-adventure game inspired by Tomb Raider , Prince of Persia , and the Ultima series. [15] Redguard did not offer the player the chance to create their own character. Instead, players would play the prefabricated "Cyrus the Redguard". [15] Both games did poorly with Bethesda's audience. Players used to the vast open spaces of Daggerfall did not take well to the reduced worlds of Redguard and Battlespire. Based upon its customers' clear desire for massive role-playing game worlds, Bethesda redoubled its efforts to build the next major chapter. [3]
Main article: The Elder Scrolls III: Morrowind
A third-person screenshot from the game, demonstrating Morrowind's then-advanced graphics: Pixel-shaded water, "long" render distances, and detailed textures and models.
The third title in The Elder Scrolls series was first conceived during the development of Daggerfall . [16] Initially designed to encompass the whole province of Morrowind and allow the player to join all five Dunmer Great Houses, it was decided that the scope of the game was too much for the technology available at the time. [16] At publication, it covered the isle of Vvardenfell and allowed the player to join three of the Great Houses. The XnGine was scrapped and replaced with Numerical Design Limited's Gamebryo, a Direct3D powered engine, with T&L capacity, [17] 32-bit textures and skeletal animation. [18] It was decided that the game world would be populated using the methods the team had developed in Redguard; with the game objects crafted by hand, rather than generated using the random algorithmic methods. [19]
The project took "close to 100-man-years to create". Bethesda tripled their staff and spent the first year developing The Elder Scrolls Construction Set . This allowed the game staff to easily balance the game and to modify it in small increments rather than large. [16] Ted Peterson, who had left following the release of Daggerfall, returned to work as an author of in-game material, and as a general consultant on the lore-based aspects of the work. [20] The PC version of Morrowind had gone gold by April 23, 2002, [21] [22] and was released on May 1 in North America, [23] with the Xbox release set at June 7. [24] On January 3, Bethesda announced that game publisher Ubisoft would take control of Morrowind's European distribution, in addition to those of eight other Bethesda games. [25]
The expansion pack The Elder Scrolls III: Tribunal went gold on November 1 [26] and was released, with little fanfare, [27] on November 6. [28] Tribunal puts the player in the self-contained, walled city of Mournhold, which can be teleported to and from Morrowind's land mass. [26] Development on the expansion began after Morrowind shipped, giving the developers a mere five-month development cycle to release the game. The prior existence of the Construction Set, however, meant that the team "already had the tools in place to add content and features very quickly." [29] Interface improvements, and specifically an overhaul of Morrowind's journal system, were among the key goals. [29] [30] Morrowind's second expansion, The Elder Scrolls III: Bloodmoon, went gold by May 23, [31] and was released on June 6. [32] It had been worked on since the release of Tribunal. [33] In the expansion, the player travels to the frozen island of Solstheim and is asked to investigate the uneasiness of the soldiers stationed there.
Main article: The Elder Scrolls IV: Oblivion
An in-game screenshot showing Oblivion's user interface, HDR lighting and long draw distance, improvements made as part of a goal to create "cutting-edge graphics".
Work on The Elder Scrolls IV: Oblivion began in 2002, after Morrowind's publication. [35] Oblivion was developed by Bethesda Softworks, and the initial Xbox 360 and Personal computer (PC) releases were co-published by Bethesda and Take-Two Interactive subsidiary 2K Games. [36] [37] Oblivion was released on March 21, 2006. [38] The game centers around an event referred to as "The Oblivion Crisis", where portals to the planes of Oblivion open and release hordes of Daedra upon Tamriel. Developers working on Oblivion focused on providing a tighter storyline, more developed characters, [39] [40] and to make information in the game world more accessible to players. [41] Oblivion features improved AI, [42] [43] improved physics, [44] and improved graphics. [45] [46] [47] Bethesda developed and implemented procedural content creation tools in the creation of Oblivion's terrain, leading to landscapes that are more complex and realistic than those of past titles, but had less of a drain on Bethesda's staff. [48] [49] Two downloadable expansion packs, Knights of the Nine and The Shivering Isles were released in 2006 and 2007, respectively. [50] [51] Knights of the Nine added a questline surrounding the search for a set of Crusader relics, while The Shivering Isles added the eponymous plane to the game.
Main article: The Elder Scrolls V: Skyrim
A third-person screenshot from Skyrim .
In August 2010, Todd Howard revealed Bethesda was working on a game that had been in development since the release of Oblivion, and that progress was very far along. While the game was conceptualized after Oblivion's release, main development was restricted until after Fallout 3 was released. [52] In November, Kristian West, then the editor-in-chief of Eurogamer's Danish outlet, reported overhearing a developer on a plane talking about the project; a new The Elder Scrolls game, [53] [54] although Bethesda did not comment on the report. At the Spike Video Game Awards in December, Todd Howard appeared on stage to unveil a teaser trailer and announce the title of the game. [55] The Elder Scrolls V: Skyrim was released on November 11, 2011 to widespread critical acclaim. It was awarded 'Game of the Year' by IGN, [56] Spike [57] and others. The game is set after the events of Oblivion, when the great dragon Alduin the World Eater returns to Skyrim; a beast whose existence threatens all life in Tamriel. Three pieces of DLC were released on PC and Xbox 360 in 2012 – Dawnguard , Hearthfire and Dragonborn , with a PlayStation 3 release in February 2013. Dawnguard added two joinable factions and an associated questline revolving around Vampires, while Hearthfire added more home customisation options including a house creation kit and the ability to adopt children. Dragonborn added the island of Solstheim to the northeast. On October 28, 2016, Skyrim – Special Edition was released. [58] On November 17, 2017, Skyrim – Virtual Reality was released for PlayStation 4. [59] On June 10, 2018, Skyrim: Very Special Edition, a voice-activated text adventure game poking fun at the game's many releases, was released for Amazon Alexa devices. [60]
On May 3, 2012, The Elder Scrolls Online was revealed. The Elder Scrolls Online was released for Windows and macOS on April 4, 2014, with the Xbox One and PlayStation 4 versions initially slated to follow in June 2014 but later delayed until June 9, 2015. [61] The game originally required a subscription to play, but this requirement was dropped on March 17, 2015. [62] There is however a subscription service entitled "ESO Plus" which grants access to all current and future downloadable content (DLC). The DLC is otherwise available for individual purchase in the Crown Store. Additionally, the optional subscription grants various perks that allow players to progress slightly faster than a free player, and grants them a payment of 1650 crowns per month. [63] On June 14, 2015, The Elder Scrolls: Legends , a collectible card game, was announced by Bethesda during the Electronic Entertainment Expo 2015. It was released on March 9, 2017 for Microsoft Windows and is in beta for Android, iOS, and macOS.
Main article: The Elder Scrolls: Blades
At Bethesda's E3 2018 press conference, Todd Howard announced The Elder Scrolls: Blades, originally planned for release in Q3 2018. It is expected to be released for Apple and Android phones first, followed by PC and console, including VR. The player will be able to play as a member of the faction the Blades who has returned home to their town to find it destroyed. There will be a survival, arena, and town-building mode, with multiplayer support through its arena and town-building mode, as well as cross-platform. The game will also be able to be played in portrait mode, unusual for an RPG. [64] [65] The Early access of Blades began March 27, 2019 for those who pre-ordered the game. 'Blades' is expected to fully release some time in early 2019. [66]
At Bethesda's E3 2018 press conference, Todd Howard announced The Elder Scrolls VI, which is expected to be released after their next franchise, Starfield . [67] Redfall, a potential title for the game, is subject to a trademark dispute between ZeniMax Media and BookBreeze.com that is set to be settled out of court between the two parties. [68] Fans have theorized on where the game will take place. Two popular candidates are Hammerfell and High Rock.
The Elder Scrolls games are action role-playing games, although they do include elements taken from action and adventure games. In Arena players advance by killing monsters (and thereby gaining experience points) until a preset value is met, whereupon they level-up. However, in Daggerfall, Morrowind, and Oblivion the series took a skill-based approach to character advancement. Players develop their characters' skills by applying them, and only level-up when a certain set of skills have been developed. Skyrim took a new approach, where the more a skill is leveled, the more it helps to level the character. This shifted the focus away from character creation and more onto character development. The flexibility of the games' engines has facilitated the release of game extensions (or mods) through The Elder Scrolls Construction Set.
The Elder Scrolls main series of games emphasizes different aspects of the gaming experience than most role-playing games. A brief article by Joystiq in early November 2006 compared BioWare's creations to Bethesda's by noting a difference in emphasis. Bethesda's creations focused on "aesthetic presentation and open-ended adventuring"; BioWare's on a combat system and modular architecture. [69] This overarching aim has been noted by their designers as well. Bethesda has described their motivations in creating the first series game, Arena, as those of any good pen-and-paper role-playing games: creating an environment in which the player could be what the player wants and do what the player wants. [70] Daggerfall's manual begins with a design manifesto, declaring the developers' intention to "create a book with blank pages," and "a game designed to encourage exploration and reward curiosity." Choices, in the form of paths taken by the player, to do good, to chase after evil, are left open to the player, "just like in real life." [71] This design trend continued with Morrowind, following the hiatus of similarly epic games in the interim, though Joystiq's previously noted insistence on graphics came again to the fore. During the development of Morrowind, Bethesda tripled its staff, so as to perfectly color its newly hand-made world. In their own words, "We knew we had to exceed the visual polish of the other games on the market, and we made it our goal to put The Elder Scrolls back into the forefront of game innovation." [72]
The Elder Scrolls takes place in a high fantasy world with influences from many real world cultures. Like most works of high fantasy, The Elder Scrolls games are typically serious in tone and epic in scope, dealing with themes of a grand struggle against a supernatural or evil force. Many races exist in the world of The Elder Scrolls, some typical of high fantasy works, such as humans, orcs and elves; some atypical, such as the lizard-like Argonians and cat-like Khajiit; and some subversions, such as the extinct Dwemer, known colloquially as "dwarves", who follow the high fantasy stereotype of being subterranean, skilled metallurgists and masons, but are here a variety of elf. As is also typical in high fantasy works, magic and sorcery, mythical creatures, factions with their own political agendas, walled medieval cities and strongholds, and plot elements driven by prophecies and legends can be found in abundance as well. In accordance with many literary high fantasy works, the world of The Elder Scrolls is known for its attention to detail, including well-developed lore and back story. This includes a vast amount of information such as names, dates, and places that constitute its history and the interconnected structure of its various societies, cultures, and religions. Lore, including histories and legends, are contained in thousands of readable in-game books that are scattered throughout the game world.
The Elder Scrolls games primarily take place on the continent of Tamriel, located on the world of Nirn. The exceptions are An Elder Scrolls Legend: Battlespire , which is set in a "slipstream" dimension found between the mortal plane of Mundus and the myriad otherworldly planes of Oblivion; portions of The Elder Scrolls IV: Oblivion , which venture into a particular Oblivion plane called the Deadlands, the realm of the Daedric Prince Mehrunes Dagon; the entirety of The Elder Scrolls IV: Oblivion's expansion Shivering Isles, which takes place in the Oblivion plane The Shivering Isles, realm of the Daedric Prince of madness, Sheogorath; and a brief visit to the Oblivion plane of Soul Cairn during the Dawnguard DLC of The Elder Scrolls V: Skyrim ; as well as the plane of Apocrypha during the Dragonborn DLC; and the realm of Molag Bal, Coldharbour, which appears in The Elder Scrolls Online . Other continents exist on Nirn aside from Tamriel, such as Akavir, Yokuda, and Atmora, [73] but none have been used as a setting for a game in the series.
Tamriel itself is divided into nine provinces or regions, each of which is dominated by a distinct race: Black Marsh is home to the Argonians; Cyrodiil is home to the Imperials; Elsweyr is home to the Khajiit; Hammerfell is home to the Redguards; High Rock is home to the Bretons; Morrowind is home to the Dunmer, or Dark Elves; Skyrim is home to the Nords; Summerset Isle is home to the Altmer, or High Elves; and Valenwood is home to the Bosmer, or Wood Elves. A tenth race, the Orsimer, or Orcs, reside in settlements scattered across Tamriel and, at some points in history, a kingdom inside High Rock known as Orsinium.[ citation needed ]
The major political power in Tamriel's history is the Septim Empire, or Third Empire, centered in Cyrodiil, which at one time or another controlled most of Tamriel's nine provinces. The Empire was founded by Tiber Septim (also known as Talos Stormcrown), who as a Dragonborn, had powerful magical abilities called Shouts. Tiber Septim conquered Tamriel and his dynasty ruled the Empire for several hundred years, at times prospering in peace and other times marred by civil wars and succession crises. During the Oblivion Crisis of The Elder Scrolls IV: Oblivion, a religious cult called The Mythic Dawn opened up dimensional gates to a Hell-like realm called The Deadlands and killed the Emperor Uriel Septim VII and his three sons. The Daedra, beings from the Planes of Oblivion, were eventually defeated, but the end of the Septim dynasty left a severely weakened Empire, which eventually erupted in civil war, allowing many Imperial provinces to break away.
As of The Elder Scrolls V: Skyrim , chronologically the latest-set game in the series (taking place in the 201st year of the Fourth Era of recorded history, abbreviated as 4E 201), the balance of power in Tamriel has shifted dramatically. The Third Empire of Tamriel, which once controlled the entire continent, has declined significantly under the new Mede dynasty of emperors; the Empire can claim only High Rock, Skyrim, and the capital province of Cyrodiil for its own. Three of the Empire's former provinces, Black Marsh, Hammerfell, and Morrowind, are effectively independent: Black Marsh and Hammerfell seceded from the Empire, while Imperial forces withdrew from Morrowind after a volcanic eruption and invasion from Black Marsh devastated it. Rising to rival the Empire is the Aldmeri Dominion, which rules the Summerset Isles and Valenwood outright, and claims the kingdoms of Anequina and Pellitine (the remnants of the province of Elsweyr) as client states. After having its capital city sacked, the Empire defeated a Dominion invasion during The Great War, but the effort exhausted it and peace was only achieved by conceding to many of the Dominion's harsh demands by signing the White-Gold Concordat, including ceding parts of Hammerfell and outlawing the worship of Talos. Skyrim is mired in civil war over the question of secession from the Empire, but some of Tamriel's inhabitants believe the conflict is only a distraction from the true looming threat: a second war between the Empire and the Dominion with both sides provoking each other locked in a state of "cold war". [74]
The actual Elder Scrolls play a very limited role in the storyline of the series, serving only as a framing plot device (i.e. "[the events in this game] were foretold in the Elder Scrolls..."). The Elder Scrolls are rarely referenced in the games.The Elder Scrolls IV: Oblivion marked the first appearance of the Scrolls in the final quest of the Thieves Guild quest-line. [75] The Scroll appears as an incomprehensible chart containing luminous glyphs. [75]
Information about The Elder Scrolls is sparse and often contradictory. They are thought to be relics from the creation of the Aurbis and the Mundus by the Aedric et'Ada who are legendary beings similar to Daedra that sacrificed their immortality to create the world. The Scrolls usually cannot be translated nor transcribed. There exists a sect of monks—the Order of the Ancestor Moths—who devote their lives to the reading and interpreting of the Elder Scrolls. [75] Reading the Scrolls exhausts the monks' vision. Senior monks who read the Scrolls wear blindfolds when they are not divining the Scrolls' content, and retired Moth Priests are rendered completely blind. Attempting to read the Elder Scrolls without proper training invariably results in failure and immediate blindness. Cosmically important individuals, or individuals that are subjects of prophecy, have been able to see the deciphered writing on the Elder Scrolls without the associated rituals or resulting blindness. A book entitled Lost Histories of Tamriel provides further insight on the Elder Scrolls, stating when any event has actually occurred, it sets itself unchangeably into the Scrolls, and no action, magical or otherwise, can alter this. [76]
In The Elder Scrolls V: Skyrim, the Scrolls are described as "fragments of creation" (a reference to the creation-myth associated with the Aedra) and play a vital role in the main quest-line. They are said to be very powerful artifacts and, without training or worthiness, one may go insane attempting to decipher them. The player is tasked with retrieving an Elder Scroll from an expansive Dwemer ruin known as Blackreach, located underground. During gameplay, if the player tries to read the Elder Scroll, they will go temporarily blind. It is discovered that the Elder Scroll was used by the ancient Nords to battle Alduin, the ancient Dragon prophesied to swallow the world, inadvertently sending him forward in time. The player character uses the Scroll to travel back in time to acquire the knowledge of how the Nords fought Alduin. Skyrim also describes the number of the Scrolls is unknown not because of their immense quantity, but because the number itself is unknowable as the Scrolls "do not exist in countable form." The actual number and placement of Elder Scrolls fluctuates constantly as it is rumored that they technically exist and do not exist at the same time. This makes their predictions difficult to cite authoritatively, because entire Scrolls or entries can change or vanish as events transpire. This unpredictability has caused other ascetic groups, such as the Greybeards from Skyrim, to regard the existence of the Elder Scrolls a blasphemy.
In The Elder Scrolls V: Dawnguard, Lord Harkon attempts to use the Elder Scrolls to blot out the sun, so the vampires can overwhelm Tamriel. Whether the player joins the vampires or the vampire hunters, also known as the Dawnguard, they will find a Moth Priest, Dexion Evicus, to read the Scrolls that are collected. Once collected, the Moth Priest reveals that he has become blind, not having prepared himself properly in his urgency to read the first Scroll. He informs the player of a ritual allowing the player to read the Scrolls. The ritual involves harvesting bark from a special Canticle Tree and using it to bring Ancestor Moths to a shaft of light and reading all three Scrolls to find Auriel's Bow. The Moth Priest Dexion says Ancestor Moths can give a person the connection to the divine augur that is necessary to truly read the Scrolls.
At E3 2016, Bethesda Game Studios director Todd Howard reported that the studio was already working on a sixth installment in The Elder Scrolls franchise, although it would still be "a very long way off" [77] and at E3 2017, Bethesda Softworks vice president of public relations stated that no new title was in active development, and that they have "at least two major titles" to complete before this would change. [78]
At E3 2018, Howard revealed a small teaser trailer for The Elder Scrolls VI and announced that it would be released following Starfield . [67]
In 2009, science-fiction author Gregory Keyes released The Elder Scrolls: The Infernal City , a novel set approximately 40 years after the Oblivion Crisis. Lord of Souls was released in 2011 as Keyes' second novel in his The Elder Scrolls book series.
On August 1, 2013, Bethesda revealed The Elder Scrolls Anthology for the PC, a compilation of all five of The Elder Scrolls games, including all of the expansions to Morrowind, Oblivion and Skyrim. [79]
Aggregate review scores
(PC) 80% [80] —
The Elder Scrolls II: Daggerfall
An Elder Scrolls Legend: Battlespire
The Elder Scrolls Adventures: Redguard
(PC) 89% [84]
(Xbox) 87% [85] (PC) 89 [86]
(Xbox) 87 [87]
(PC) 81% [88] (PC) 80 [89]
The Elder Scrolls III: Bloodmoon
(NG) 56% [92] —
(X360) 94% [93]
(PS3) 93% [95] (X360) 94 [96]
(PC) 94 [97]
(PS3) 93 [98]
(PC) 83% [99] (PC) 81 [100]
The Elder Scrolls IV: Shivering Isles
(X360) 88% [101]
(PC) 87% [102] (X360) 86 [103]
(PC) 86 [104]
(PC) 94% [106]
(PS3) 88% [107] (X360) 96 [108]
(PS3) 92 [110]
The Elder Scrolls V: Skyrim – Dawnguard
(PS3) 79% [111]
(PC) 69% [113] (PS3) 79 [114]
(X360) 73 [115]
(X360) 62% [118] (PS3) 69 [119]
(X360) 83% [123] (PC) 83 [124]
(PC) 71% [127] (PC) 71 [128]
(iOS) 77% [130] (PC) 80 [131]
This section needs expansion. You can help by adding to it.(September 2012)
In 2012, Complex ranked The Elder Scrolls at number 20 on the list of the best video game franchises. [132] In 2013, The Elder Scrolls was voted as the Greatest Game Series of the Decade on GameSpot, beating out 64 other competitors. The Elder Scrolls reached the final round, beating the Grand Theft Auto series by a margin of 52.5% of the vote for The Elder Scrolls to 47.5% for Grand Theft Auto. [133] [134]
In August 2011, Bethesda Softworks contacted the developer of Minecraft , Mojang, claiming that the intended trademark of the title Scrolls for its new game breached Bethesda's trademark on The Elder Scrolls. [135] On March 10, 2012, Markus Persson tweeted that the two had come to an agreement over the use of the name. The agreement prohibits Mojang from using the title Scrolls in any future sequels of the game. [136]
The Elder Scrolls Adventures: Redguard is an action-adventure video game developed and published by Bethesda Softworks with a third person style, set in the world of The Elder Scrolls.
An Elder Scrolls Legend: Battlespire is an action role-playing video game developed and published by Bethesda Softworks, set in the world of The Elder Scrolls.
The Elder Scrolls III: Morrowind is an open-world action role-playing video game developed by Bethesda Game Studios and published by Bethesda Softworks. It is the third installment in The Elder Scrolls series, following The Elder Scrolls II: Daggerfall, and was released in 2002 for Microsoft Windows and Xbox. The main story takes place on Vvardenfell, an island in the Dunmer province of Morrowind, part of the continent of Tamriel. The central quests concern the deity Dagoth Ur, housed within the volcanic Red Mountain, who seeks to gain power and break Morrowind free from Imperial reign.
The Elder Scrolls IV: Oblivion is an open world action role-playing video game developed by Bethesda Game Studios and published by Bethesda Softworks and the Take-Two Interactive division 2K Games. It is the fourth installment in The Elder Scrolls action fantasy series, following The Elder Scrolls III: Morrowind and preceding The Elder Scrolls V: Skyrim. The game was released for Microsoft Windows and Xbox 360 in March 2006, and on PlayStation 3 in March 2007, with a mobile version of the game released on May 2, 2006. Taking place within the fictional province of Cyrodiil, Oblivion's main story revolves around the player character's efforts to thwart a fanatical cult known as the "Mythic Dawn" that plans to open portal gates to a demonic realm known as "Oblivion". The game continues the open world tradition of its predecessors by allowing the player to travel anywhere in the game world at any time and to ignore or postpone the main storyline indefinitely. A perpetual objective for players is to improve their character's skills, which are numerical representations of certain abilities. Early in the game, seven skills are selected by the player as major skills for their character, with those remaining termed as minor skills.
The Elder Scrolls II: Daggerfall is an open-world action role-playing video game developed and published by Bethesda Softworks. The sequel to The Elder Scrolls: Arena and the second installment in the Elder Scrolls series, it was released on September 20, 1996 for MS-DOS. On July 9, 2009, the game was made available as a free, legal download on Bethesda's website to commemorate the fifteenth anniversary of The Elder Scrolls franchise.
Todd Howard is an American video game designer, director, and producer. He serves as director and executive producer at Bethesda Game Studios, where he has led the development of the Fallout and The Elder Scrolls series.
Julian Le Fay, also known as Julian Jensen, born Benni Jensen on October 30, 1965, is a Danish programmer, video game designer and musician.
The Elder Scrolls IV: Knights of the Nine is an expansion pack for the role-playing video game The Elder Scrolls IV: Oblivion. Announced on October 17, 2006, for release on November 21, 2006, the expansion was developed by Bethesda Game Studios, and published and released in North America by Bethesda Softworks; in Europe, the game was co-published with Ubisoft. The Microsoft Windows version is available either as a downloadable plug-in from the company website or as part of the retail-released Oblivion Downloadable Content Collection CD—a release that also includes all previously released official downloadable content available for Oblivion. The Xbox 360 version is available via Xbox Live Marketplace, and the PlayStation 3 version of Oblivion includes Knights of the Nine in its packaged release.
The Elder Scrolls IV: Shivering Isles is the second expansion pack for the role-playing video game The Elder Scrolls IV: Oblivion. Announced on January 18, 2007, the expansion was developed, published, and released over the Xbox Live Marketplace by Bethesda Softworks; its retail release was co-published with 2K Games. It was released for Microsoft Windows in a boxed retail edition on March 26, 2007, while the Xbox 360 version was released digitally on the Xbox Live Marketplace. Shivering Isles takes place on the eponymous isles ruled by the Daedric Prince of Madness, Sheogorath. The player becomes Sheogorath's protégé, and together they try to defeat the Daedric Lord of Order, Jyggalag, thus preventing the isles from being destroyed; this main quest can be ignored for as long as the player wishes to interact with the new world.
The development of The Elder Scrolls IV: Oblivion began in 2002, immediately after its predecessor, The Elder Scrolls III: Morrowind, was published. Rumors of a sequel to Morrowind began circulating in June 2004; the sequel's title was identified on September 10, 2004, the date of its official announcement. Oblivion was developed by Bethesda Game Studios, and the initial Xbox 360 and personal computer (PC) releases were co-published by Bethesda and Take-Two Interactive's subsidiary, 2K Games. According to interviews with Bethesda staff, the publisher-developer relationship—one of the few independent relations in the industry—worked well, and Bethesda was not subject to excessive corporate guidance. Originally scheduled for a November 22, 2005, release, in tandem with the Xbox 360's launch, Oblivion was delayed to a March 21, 2006, release for Windows PCs and the Xbox 360.
The Elder Scrolls V: Skyrim is an action role-playing video game developed by Bethesda Game Studios and published by Bethesda Softworks. It is the fifth main installment in The Elder Scrolls series, following The Elder Scrolls IV: Oblivion, and was released worldwide for Microsoft Windows, PlayStation 3, and Xbox 360 on November 11, 2011.
The Creation Engine is a 3D video game engine created by Bethesda Game Studios based on the Gamebryo engine. The Creation Engine has been used to create role-playing video games such as The Elder Scrolls V: Skyrim, Fallout 4 and Fallout 76.
SureAI is a German team of modders who have created several total conversion mods of Bethesda Softworks' The Elder Scrolls and Fallout series. They released five mods:
The Elder Scrolls Online is a massively multiplayer online role-playing game (MMORPG) developed by ZeniMax Online Studios and published by Bethesda Softworks. It was originally released for Microsoft Windows and OS X in April 2014. It is a part of The Elder Scrolls series, of which it is the first multiplayer installment.
The Elder Scrolls V: Skyrim – Dawnguard is a downloadable content add-on for the action role-playing open world video game The Elder Scrolls V: Skyrim. It was developed by Bethesda Game Studios and published by Bethesda Softworks. The Xbox 360 version of Dawnguard launched in English-speaking territories on June 26, 2012, and in France, Germany, Italy, and Spain in mid-July 2012. It was released on Microsoft Windows via Steam on August 2, 2012. Due to performance issues, the PlayStation 3 release of Dawnguard was delayed until February 26, 2013.
The Elder Scrolls V: Skyrim – Dragonborn is the third and final add-on for the action role-playing open world video game The Elder Scrolls V: Skyrim. It was developed by Bethesda Game Studios and released by Bethesda Softworks on the Xbox Live Marketplace on December 4, 2012. The Microsoft Windows version was released on February 5, 2013, and the PlayStation 3 version was released on February 12, 2013.
The Elder Scrolls V: Skyrim – Hearthfire is the second downloadable content add-on for the action role-playing open world video game The Elder Scrolls V: Skyrim. The game was developed by Bethesda Game Studios and published by Bethesda Softworks. The Xbox 360 version of Hearthfire launched on September 4, 2012. It was released on Microsoft Windows via Steam on October 5, 2012. It was released for the PlayStation 3 on February 19, 2013, in North America and February 20, 2013, in Europe.
The Elder Scrolls Renewal Project (TESRenewal) is a fan volunteer effort to recreate and remaster the video games in The Elder Scrolls series.
The Elder Scrolls III: Morrowind - 4 million sold ( "Lynda Carter Joins the Voice Cast of The Elder Scrolls IV: Oblivion". Bethesda Softworks. August 17, 2005. Archived from the original on July 10, 2010. Retrieved November 26, 2006. )
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The Elder Scrolls V: Skyrim - 30 million sold "'Skyrim' Creator Todd Howard Talks Switch, VR and Elder Scrolls Wait".
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↑ The evolution of The Elder Scrolls Archived December 1, 2016, at the Wayback Machine , PC Gamer
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Book: The Elder Scrolls series
II: Daggerfall
III: Morrowind
Bloodmoon
IV: Oblivion
Knights of the Nine
Shivering Isles
ESRB re-rating
V: Skyrim
Dawnguard
Hearthfire
Battlespire
Redguard
The Infernal City
Lord of Souls
Creation Club
The Elder Scrolls Renewal Project
Nehrim
Radiant AI
ZeniMax Media
Commander Keen
IHRA Drag Racing
Current subsidiaries
MachineGames
Christopher Weaver
Ernest Del
Harry E. Sloan
Les Moonves
Robert A. Altman
Creation Engine
List of Bethesda Softworks video games
QuakeCon
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✧✧✧✧✧>Animal Profiles - An A to Z List of Animal Groups <✧✧✧✧✧
The first link below is a site that lists the animal groups and their classification. It is an index to animal profiles and fact sheets. The kingdom, phylum, class, sub-class and order are listed with the description of each animal group. The groups include amphibians, birds, fish, invertebrates, mammals, reptiles and higher level groups. The site includes links to other animal information pages.
A to Z Listing of Animal Groups -
http://animals.about.com/od/zoology12/a/atozgroups.htm
Animal Groups, Facts, Articles, Quizzes ect. - Family Friendly - http://www.sheppardsoftware.com/web_games_trivia_ animal.htm
NatureServe Explorer - An Online Encyclopedia of Life http://www.natureserve.org/explorer/
❧❧❧❧❧❧ A to Z of Plants by Joy of Plants ❧❧❧❧❧❧
The first link below is an online database that lists some 7,400 plant species with many photos included. The common and scientific names are included. You can search the database by botanical name, ect. The Plant Finder's database will also search according to group, color, plant type, size and plant uses. This means that you can choose the common name, botanical name, type of plant and its features when searching for a species. Try to be more specific when searching the database.
Joy of Plants - A to Z Listing of Plants
http://www.joyofplants.com/plantfinder.php
USDA - Plants Database http://plants.usda.gov/java/
Plant Files by Dave's Garden
http://davesgarden.com/guides/pf/
❁❁❁❁❁❁❁❁❁ American Mushrooms + ❁❁❁❁❁❁❁❁
^ Note - Some mushrooms are in other countries. ^
There are over 10,000 species of mushrooms just in North America. Around 250 are edible. Mushrooms come in all colors, various shapes and sizes which are seen all over the world. Below are three links to mushroom sites. David Fischer's American Mushrooms site has photos and all kinds of information on mushrooms. He has links and identification help as well. Over 1000 photos of mushrooms are on the site. The NAMA site has various resources including links, clubs, events, education, toxicology and even photography. Roger's Mushrooms has information and photos as well.
Dave Fischer's American Mushrooms
http://americanmushrooms.com/basics.htm
http://www.namyco.org
Roger’s Mushrooms http://www.rogersmushrooms.com/
✴️✴️✴️ Glow-in-the-dark Mushroom Rediscovered After 170 Years ✴️✴️✴️ Photo - Glow-in-the-dark Mushroom ( Panellus stipticus )
Spotted once in 1840 and then never seen again, one of the world's most bioluminescent mushrooms has been rediscovered deep in the Brazilian wilderness. It's something you would never expect to go missing, but one of the world's brightest glow-in-the-dark mushrooms has been rediscovered after an absence of more than 170 years, according to USA Today.
The bioluminescent shrooms had become a Brazilian legend of sorts. They were first spied in 1840 by an English botanist named George Gardner, who was alarmed after he saw some boys playing with a glowing object in the streets of Vila de Natividad, a village in the Goiás state in central Brazil. After that, no more sightings of the brightly glowing fungus had ever been reported. The mushroom was nearly forgotten until 2002, when Brazilian chemist Cassius Stevani came across Gardner's early reports. Then, in 2005, a breakthrough occurred. A pair of primatologists, Patricia Izar from São Paulo University in Brazil and Dorothy Fragaszy of the University of Georgia in Athens, were studying a band of monkeys deep in the Brazilian interior when they came across something mysterious glowing at the base of some palm trees. Izar and Fragaszy scooped up specimens and contacted Stevani, who later confirmed that the mushrooms were indeed Gardner's long lost species. The findings are what led to this month's paper in the journal Mycologia. Ironically, right after the rediscovery of the mushrooms, scientists came to learn that local people were quite familiar with them. In fact, the mushrooms had a common name, flor-de-coco, or flower of the coconut, since it is commonly found on the rotting fronts of dwarf palm trees. As is often the case, scientists had just never bothered to ask.
Although glowing fungi are nothing new to science — there are 71 identified species — this particular species (named Neonothopanus gardneri, after the initial discoverer) is notable for its size and the extraordinary strength of its light. "It glows more brightly than almost all other luminescent mushrooms," said Dennis Desjardin, a fungi expert at San Francisco State University. "If you were in a dark room and you put one on a newspaper, you'd be able to read the words." Desjardin also noted that these mushrooms can grow up to three inches in diameter, which is giant compared to most bioluminescent fungi.
Stevani is currently working to identify the chemical pathways that allow these mushrooms to produce light, a system that remain a mystery to science. As for why they glow, scientists still aren't sure why it happens. One theory suggests that the mushrooms may glow to attract insects that help to spread their spores. Another theory, also involving the attraction of insects, proposes that the light is a beacon to predatory bugs that feed on insects that threaten the fungus. One thing researchers are certain of, however, is that these mushrooms are poisonous. So while the mushrooms' glow-in-the-dark properties may be interesting to people, researchers strongly advise that they shouldn't be eaten.
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In Memoriam: Netherlands’ Jetty Paerl
Jetty Paerl, the first ever Dutch Eurovision contestant, has passed away aged 92.
Jetty first rose to fame in her native Netherlands during World War II, when she performed on “Radio Oranje”, which was broadcast from London due to the Nazi occupation. However, she is best known for her participation in the inaugural Eurovision Song Contest in 1956. Not only was she the first Dutch representative, she was also the first ever artist to take to the Eurovision stage. She sang “De Vogels Van Holland” (The Birds of Holland) but lost out to Lys Assia of Switzerland. Her exact placing in the final is unknown, as at that time only the winner was announced.
After the contest she enjoyed varying degrees of success as both an actress and singer.
Following the announcement of her death on Thursday (22 August 2013), Lys Assia released the following statement via Facebook:
I am very sad to hear about Jetty Paerl’s passing. She was a great artist. We started our carriers (sic) at the same time. She represented The Netherlands at the first Eurovision, where I won. May God bless Jetty, her family, friends and fans.
Jetty Paerl was predeceased by her husband, the artist Cees Bantzingerin. They had one daughter Anne-Rose Bantzinger.
Padraig Jude contributed this report from Ireland. Follow him on Twitter at @PadraigJude. And while you’re at it, like our Facebook page to stay up-to-date with the latest Eurovision news and gossip.
Photo: www.jvdtogt.nl
De Vogels Van Holland
Jetty Paerl
Lys Assia
The Birds of Holland
Padraig Muldoon
Padraig contributed this report from Ireland. Follow him on Twitter at @JustPadraig. And while you're at it, like our Facebook page to stay up-to-date with the latest Eurovision news and gossip.
WATCH: Anggun Performs On X Factor “Around the World”
Posted on August 24, 2013 September 20, 2016
Austria: Natalia Kelly Finds Her Voice with “Face the Day”
byDeban Aderemi
It’s strange that Ms Assia always needs to remind us that she won the first Eurovision. Even in the situation like this.
Goodbye Jetty Paerl :'(
Thanks for posting this message on your site wiwi team. We will miss her and our thoughts go to family, friends and fans.
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Devoney
AZ Arizona
devoney.looser@asu.edu
http://www.devoney.com
British, American, eighteenth, nineteenth, Romantic, Victorian, literature, history, literary, feminist, feminism, women, reception, class, gender, aging, old age, children, historiography, writing, authorship, books, theory, generations, pedagogy, teaching, Jane Austen, Mary Shelley, Jane Porter, Anna Maria Porter, Frances Burney, Hester Piozzi, theatre, poetry, novel, fiction, prose, drama, adaptation
Devoney Looser (pronounced DEV-oh-nee LOE-sir) is the author of The Making of Jane Austen, a Publishers Weekly Best Summer Book (Nonfiction). She is Professor of English at Arizona State University and author or editor of six other books on women and literary history. Her recent writing has appeared in The Atlantic, the New York Times, Salon, The TLS, and Entertainment Weekly, and she’s had the pleasure of talking about Austen on CNN. She was named a 2018 Guggenheim Fellow in support of her next book project on the once-celebrated, now-forgotten sister-authors, Jane and Anna Maria Porter, pioneers in developing the historical novel.
The Making of Jane Austen. Johns Hopkins UP, 2017. 304 pages.
Women Writers and Old Age in Great Britain, 1750–1850. Johns Hopkins UP, 2008.
British Women Writers and the Writing of History, 1670–1820. Johns Hopkins UP, 2000; 2005.
Jane West’s A Gossip’s Story (1796) (edited with Melinda O’Connell and Caitlin Kelly), Valancourt Books, 2015.
Cambridge Companion to Women’s Writing in the Romantic Period (editor), Cambridge UP, 2015.
“Five Jane Austen Books to Read in Honor of the 200th Anniversary of Her Death,” PBS News Hour (21 July 2017).
“What Does Jane Austen Mean to You” (symposium) TLS (19 July 2017).
“The Alternative Jane Austen” (interview) Fivebooks.com (18 July 2017).
“Fifty Shades of Mr. Darcy,” Salon (16 July 2017).
“Jane Austen Wasn’t Shy,” The New York Times (15 July 2017).
“Cutting-Edge Austen: Whatever Her Persuasion,” TLS (20 Jan 2017): 3–4. (Cover Story)
https://twitter.com/questCNN/status/887425380788846592
@devoneylooser
England, United States
17th century, 18th century, 19th century, Early Modern, 20th century, 21st century
Book History, Gender, Higher Ed, Libraries & Archives, Material Culture, Women
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Category Archives: Massachusetts
USA 2012: WY, WA and Super Tuesday
After the primaries in Michigan and Arizona on February 28, the fascinating race for the Republican presidential nomination moved on to Super Tuesday’s seven primaries and three caucuses held on March 6. Side-shows caucuses of sorts were held in Wyoming (Feb 9-29) and Washington (March 3) between these two big sets of contests.
In my post on the last primaries, I compared this nominating season to a good TV show which returns to us almost every week with new intrigues, new twists and always a good load of suspense. In last week’s episode, Mitt Romney broke Rick Santorum’s momentum with a predictable landslide in Arizona and a close win in his home state but Santorum target state of Michigan. Mitt Romney surged to a pretty sizable lead in national polling over Santorum and second-tier rivals Newt Gingrich and Ron Paul. It seems very likely at this point that Romney will be the nominee, given the delegates he has amassed so far and his strength in late-voting WTA states which could place him over the top. However, his rivals are resilient and are unlikely to give him a free pass. The race could go on for quite some time still before Romney officially and formally seals the deal.
Between MI-AZ and Super Tuesday, Wyoming wrapped up its month-long county caucuses and Washington held a caucus on March 3. These caucuses, like – I think – all other caucuses held thus far, do not directly allocate delegates to the RNC in Tampa. These news-generating caucuses are only presidential preference straw polls with either no effect or a limited effect on delegate allocation, decided later in county conventions. The delegate projections created by media outlets based on the caucus results in these states thus vary wildly and are fairly inaccurate projections.
Wyoming (Feb 29) and Washington (March 3) caucuses
Wyoming (county caucuses)
Washington (caucuses)
Uncommitted 3.26%
Results of the WY and WA caucuses
Mitt Romney won a fairly comfortable victory in Wyoming’s month-long county caucuses (February 9 to 29) while in Washington he managed a comfortable victory over Ron Paul and Santorum. Washington was held in the wake of Romney’s post-MI momentum, which destroyed any chance for a Santorum victory. The delegate projections out of Wyoming indicate that Romney and Santorum both won roughly the same number, with Romney eeking out a narrow plurality. In Washington, Romney could have won between 30 and 34 of the state’s 43 delegates.
In Wyoming, the results indicated a fairly clear east-west split in the state’s GOP voting patterns. Mitt Romney dominated in the western part of the state, especially heavily Mormon Lincoln (75%), Uinta (65.7%) and Big Horn (70.4%) counties, all counties which showed turnout numbers heavier than the very low statewide average – only 2000 or so registered Wyoming Republicans turned out. Mitt Romney also carried the ski resort county of Teton (56.3%) fairly easily. In eastern Wyoming, he only carried Albany County (Laramie), and only with 35%. Rick Santorum and Ron Paul split the remaining counties in the east of the state. Santorum’s two major victories were in Laramie County (Cheyenne), in which he took 41.3%; and Natrona County (Casper) in which he took 38.6%. His other big win was in Goshen County, which seems sparsely populated but cast 146 votes, 65.8% of those for Santorum. Ron Paul won isolated plains county, including the old mining county of Sweetwater.
In Washington, Mitt Romney’s victory was helped in no small part by the heavily populated Seattle-Tacoma area. In King County, where most Republican voters tend to be affluent, educated Seattle commuters, he won 47% to Ron Paul’s 25%. In Snohomish County, another Seattle sprawl county, he won 42% to Paul’s 25%. In more exurban Skagit County (Mt. Vernon), Romney won 41% to Santorum’s 21%. In Pierce County, Tacoma and its suburban sprawl, he won 37.9% to Santorum’s 25.8%. Romney won eastern Washington’s main urban centre, Spokane, by a very narrow margin (30-29.8) over Santorum. He carried Clark County (Vancouver) with 37% against 28.5% for Paul. Vancouver is a fairly conservative urban area by PacNW standards, likely because it attracts the kind of residents who like low taxes (Washington has no income tax, neighboring Oregon has no sales tax). Romney took 43% to Santorum’s 25% in Benton County, home to the nuclear industry-driven Tri Cities.
Rick Santorum won Whatcom County (Bellingham, near the Canadian border) with 33% to Paul’s 28%. It may surprise, but it is likely that the GOP electorate in Whatcom County comes from Lynden rather than the liberal college town of Bellingham. And Lynden is an ultra-conservative Dutch Calvinist enclave, and those types of places have been Rick Santorum’s strongest locales thus far. Santorum also won three random eastern Washington counties where nobody lives. Ron Paul carried the four eastern Washington counties which border Canada, the coastal logging county of Pacific, two counties along the Columbia River and two counties in southeastern Washington. One of those counties, Whitman, is home to Washington State University (in Pullman).
Super Tuesday – Eastern Primaries (MA, VT, OH, VA, GA, TN)
Others 0.9%
Super Tuesday – Western Primaries and Caucuses (OK, ND, ID, AK)
North Dakota (caucus)
Idaho (caucus)
Alaska (non-binding straw poll)
As the dust settled, it was clear that Mitt Romney eeked out a narrow win overall on Super Tuesday. The crucial state out of all 10 states which voted, the one which was most unpredictable and the one on which almost all candidates centered their attention on, was Ohio. And Mitt Romney, like in Michigan, was able to narrowly upset Santorum in the Rust Belt state, but only with 38% to Santorum’s 37.1%. A victory by the skin of his teeth, but still a momentum-maintaining win for Romney. Mitt Romney also emerged on top in Massachusetts, Vermont, Virginia and Idaho; where he was widely expected to win, and also won Alaska’s non-binding caucus straw poll. Rick Santorum won Tennessee, Oklahoma and North Dakota. Newt Gingrich won his home state of Georgia.
There are two ways to look at Romney’s victory in Ohio. On the one hand, Romney supporters will likely perceive it as a narrow victory but a victory nonetheless for Romney – which makes his likely nomination even more certain – in a state demographically favourable to Santorum (which isn’t quite true). On the other hand, a lot of people will probably see Romney’s victory as an underwhelming victory in a state where he outpsent Santorum 5 to 1 but was only able to beat him by less than 1% despite blowing him out of the water on the money race side of things.
Mitt Romney’s victory in Ohio does not seal the deal for him just yet, but it indicates that Romney’s route to the eventual crowning moment will be a little bit shorter than it would have been if he had lost to Santorum in Ohio. Mitt Romney’s delegate advantage increased on Super Tuesday, and he now has roughly 400 delegates, with 1,144 needed to win the nomination. Realistically, this lead is likely insurmountable for either Santorum or Gingrich unless one of them dropped out in favour of the other and was able to gather tons of momentum and cash to challenge Romney in his new firewall: WTA states in the Northeast plus California. However, Santorum and Gingrich are both proving to be resilient fight and it is tough to imagine either of them dropping out this week. Gingrich has little to lose in this contest, and Santorum seems to be in no mood to just give up and give Romney the nomination. Romney could emerge as the official nominee by the end of April or mid-May. Only Gingrich dropping out and giving Santorum the chance to build a conservative coalition could rejig the race, but even then it could be too late. And Gingrich won’t drop out for a week at least.
Romney’s victory on Super Tuesday is murkier than headlines indicate. He has failed to overcome his “Southern problem” or “conservative problem”. He lost to Santorum by fairly consequent margins in Tennessee and Oklahoma, despite a fairly divided conservative electorate in these conservative Republican bastions. In Ohio, as our geographic analysis will show, Mitt Romney – like in Michigan – won because of the votes of GOP voters in big-city Democratic strongholds and swing-vote suburbs, but lost to Santorum in the traditional Ohio Republican strongholds. All this indicates that while Romney will win the nomination, he will do so with a conservative base which is fairly unexcited about him to say the least and generally lukewarm towards his candidacy. John McCain faced a similar problem in 2008 but his selection of Sarah Palin as his Veep turned matters around for him as the same conservatives who had shown reluctance towards McCain were energized by the Palin pick. Romney could resolve the issue in a similar fashion, but at this point in time, he faces an uphill battle to gain the confidence of these voters. The overall results also indicates that Romney could struggle in the general election against Obama in working-class areas, but at the same time do well in suburban areas.
State-by-State Analysis: Exit Polls and Geographic Analysis
Results of the MA primary (source: uselectionatlas)
Massachusetts was the most boring contest of the night: Romney won 72% of the vote and won all 38 delegates which were up for grabs. With such a margin, you could think that Massachusetts is full of Mormons! It doesn’t actually have lots of Mormons besides Romney, but it does have other things: it is Mitt Romney’s adoptive home state – where he served as Governor between 2003 and 2007 – and its Republican electorate tends to be moderate, affluent, educated suburbanites. A huge landslide is what happens when a favourite son candidate named Romney is the only ‘moderate Republican’ on the ballot. The fact that the other candidates totally ignored the state also explains stuff to some extent.
Romney’s win in Massachusetts in 2008 was nothing to write home about – he beat McCain by only 10 points in his home state – but that was largely because McCain, favourite son effect erased, was a much better candidate for Massachusetts GOPers than the conservative Romney of 2008.
Exit polls, of course, are boring. Romney won 80% with those aged 65 or over, a group which made up 29% of voters. His support was still kind of graduated by income, but not as perfectly as before. He won 73% with the top 10% – those making over $200k, but took 77% of those 31% with an income between $100 and $200k.
Independents were 51% of the electorate and moderates/liberals were 49% of primary voters. Romney did better with registered Republicans (78%) than with independents (69%, Paul took 14%), and won 72% support from moderates against 64% support from ‘very conservative’ voters (15%). However, he won the most support – 76% – from somewhat conservative voters. Romney won 69% support among the 51% of voters who said that so-called RomneyCare – the state’s healthcare law passed by Governor Romney and later the blueprint from ObamaCare – went too far. This might explain why attacks on RomneyCare don’t seem to stick to Mitt: voters tend to disassociate the two or at least don’t consider Romney responsible for it. Romney won 82% support from the 43% who said that his ties to Massachusetts mattered a lot or a bit to them.
On a geographic basis, Mitt Romney received the most support in and around Boston in eastern MA. These counties (Essex, Middlesex, Norfolk, Plymouth) are made, largely, of moderate, highly educated and very affluent suburban communities. Plymouth is slightly more exurban and less affluent, but Republicans here – and there are quite a few by local standards – care a lot about taxation and such stuff. Romney won 72% in Brookline, 80% in Needham, 75% in Newton, 83% in Wellesley, 74.6% in Framingham, 72% in Waltham, 77.8% in Milton, 72.7% in Quincy, 75% in Weymouth and 82% in Duxbury. In this densely populated region, his only more underwhelming performances were in less affluent, more working-class areas such as Somerville (59%, 23% for Paul), Chelsea (54%, 27% for Paul) or liberal college towns like Cambridge (59%, 21% for Paul). He won 69.6% in Boston.
Romney also performed well around Cape Cod (Paul did well in Provincetown), with 75% in Barnstable, for example. He didn’t do as well in the declining post-industria cities of Fall River (55%, 21% for Santorum), New Bedford (54%, 22% for Santorum), Springfield (58%, 23% for Santorum), Holyoke (59%, 20% for Santorum) or Chicopee (59.5%, 23% for Santorum). His worst performances, however, were in the Berkshires, where he sometimes hovered below 50% and rarely did better than 60%. This is a Vermont-like liberal stronghold, but Santorum and Paul did fairly well. Interestingly, Paul didn’t do spectacularly well in college towns such as Amherst (21%) or Adams (13.7%).
Results of the VT primary (own map)
Vermont has shifted away from the Republican Party in droves in recent years, but we usually assume that those who remain in the Vermont GOP tend to be moderates. Based on this assumption, Romney should have done very well in Vermont. But his victory, with 39.8% to Paul’s 25.5% is not the landslide we might have assumed. When we think about stuff in more detail, it makes sense. Moderate or liberal Republicans are endangered species, but the idea that Romney dominates them has not really been proven. Mitt Romney won New Hampshire by the margin he did largely because of more conservative or libertarian affluent Boston suburbanites, while he did poorly in western NH, which most resembles Vermont in political and demographic terms. Vermont is not particularly well-off, and it certainly doesn’t have those New Hampshire-type very affluent suburban voters who are Romney’s strongest backers. It also has a fairly anti-establishment, independent streak which is hard to quantify or even observe in specific elections, but which can rear its head from time to time.
The exit polls prove that this observation is true: only 3% of Vermont voters made over $200k and only 17% made over $100k. Romney won that top 17% with 42%, while Ron Paul won the poorest 13% of voters (income under $30k) with 37% to Mitt’s 32%. Independents were 40% of the VT primary electorate, but for the first time this year, conservatives were outnumbered by moderates-liberals in Vermont: only 47% of the voters were conservative. Paul won independents, 38-31 over Romney, while Romney won Republicans 51-25 over Santorum. Santorum won the 19% who identified as very conservative, while Paul lost the moderates and liberals by only one point to Mitt (34 vs. 35).
Mitt Romney did best around Burlington. He won Burlington proper with 37% to Paul’s 29%, but did far better in the kinda-suburban towns which surround Burlington and which tend to be slightly wealthier. He won 51% in affluent Shelburne, 47% in South Burlington, 43% in Colchester, 42.6% in Essex, 42% in Jericho and 45.8% in Williston. Outside Chittenden County, Romney also did well in Rutland (45%), Bennington (38.5%), Brattleboro (39.8%) and especially the affluent ski resort of Stowe (48.6%). Ron Paul did really well in the Northeast Kingdom (Essex, Orleans and Caledonia counties) but also most of Lamoille County and inland Franklin County. Rick Santorum took a few towns here and there too, including Highgate on the Canadian border. The towns won by Paul or Santorum are largely sparsely populated rural small towns in the Green Mountains, where voters are pretty poor and portray Vermont’s independent, anti-system streak fairly well. Ron Paul also won Marlboro, a college town in southern Vermont, but there certainly isn’t any college town rule in the results. Santorum won Putney; Romney performed strongly in Northfield, Middlebury, Norwich and Hartford.
Results of the OH primary (source: uselectionatlas)
Ohio was the race which everybody was interested about. It was the most competitive contest of all 10 states which voted on Super Tuesday, and it was where Romney, Santorum and Gingrich focused their strengths. Rick Santorum polled very well in Ohio right up to his loss to Romney in neighboring Michigan, which allowed Romney to close the race down to a statistical tie. Romney outspent Santorum, whose campaign was so disorganized it failed to qualify for a full slate of delegates in each CD, by a 5-to-1 margin. Yet, Romney, unlike in Florida, was unable to use this money advantage to blow Santorum away. It has often been said that Ohio is demographically favourable to Santorum, even moreso than Michigan. This is not quite true – its demographic makeup is either as favourable or slightly less favourable to him than Michigan was. It has more Catholics, less Evangelicals and no Dutch Calvinists. In one of the closest races of the primary, Romney won Ohio with 38% to Santorum’s 37.1%. Newt Gingrich, who had focused on the state to an extent, won only 14.6%, a bit less than what the polls had given him. I discussed the two ways of interpreting this and the significance of this in more details above. I will now look at how Romney won, and why I subscribe to the view of Romney’s Ohio win as underwhelming.
The exit poll provides interesting information. Firstly, in terms of age groups, Santorum won all age groups besides those 65+, which Romney won by a crushing 47-31 margin over Santorum. In addition to what we have observed since day one about Romney’s support increasing as one’s personal income increased, we can add to that another strong correlation: Romney’s support really increases as one gets older. The income correlation was still there, of course, but interestingly the correlation was not quite perfect. Romney, of course, won those making over $200k with 53% to Rick’s 24%, but his worst income group were lower middle-classes ($50-100k), where he got just 32%, and not the lowest 15% (those making under $30k), where he tied Santorum at 35-35. Santorum stood at 43%, his strongest result, with those making $50-100k.
In ideological terms, 66% of primary voters were conservatives, and Santorum won that large group with 41% to Mitt’s 35%. With the third of voters who were very conservative, he won 48%. Moderates or liberals, a third of voters, backed Romney 43-29 over Santorum while also giving Paul his best result (13%). Romney won Republicans (41-37) but Santorum won both independents (26% of voters, 37-31) and Democrats (5% of voters, 47-27).
47% of voters were evangelical or born-again Christians, and they picked Rick by a 17-point margin (47-30) over Santorum. A third of voters were Catholic, and Santorum lost his coreligionists 44-31 to Romney while winning Protestants by a narrower 41-39 margin over Romney. Santorum had already lost fellow Catholics in Michigan and Iowa. It is interesting that there is absolutely no ‘Catholic vote’ for a fellow coreligionist. From a psephological aspect, I think this goes a long way to explain the general nature of Catholic voting patterns in the United States. If one seeks an explanation for this rather interesting element of the exit polls, it might be because social conservative and Evangelical/Christian right voters tend to be disproportionately Protestant rather than Catholic, or that Catholic voters tend to care more about economic issues than culture war/wedge issues such as abortion or gay marriage. Many American Catholics have moved away from their Church’s traditional conservative position on those issues and tend to be quite secularized despite claiming a Catholic faith or tradition.
Mitt Romney won his narrow victories on the back of big margins in late-counting big cities and inner suburbs. Romney won all of the main urban counties including Cuyahoga (Cleveland), 48.7-29.6; Summit (Akron), 43-34.3; Franklin (Columbus), 40.7-36.1; Hamilton (Cincinnati), 48.9-29; and Montgomery (Dayton), 39.7-31.4. The only major city he lost is working-class Toledo (Lucas County), in which he took 36.6% to Santorum’s 37.8%. Republicans in these traditionally Democratic counties tend to be affluent, educated and more suburban than the county’s population as a whole. Cuyahoga County certainly includes some very affluent suburban places, besides Democratic inner-city Cleveland. Columbus and Cincinnati are also largely white-collar cities with big corporations and affluent GOP-leaning residents. Cincinnati (Hamilton County) is a conservative metropolitan area by almost all standards, perhaps because of its large German Catholic population or particularly rock-ribbed GOP suburbs filled with affluent voters.
Besides the big cities, Romney also won their highly-educated and affluent suburbs or exurbs. He won 41.6% to Santorum’s 34.6% in Warren County in suburban Cincinnati and 41.9% to 34.4% for Santorum in next-door Butler County, an affluent exurban-suburban area. In suburban Columbus’ Delaware County, he won 42.3% to Santorum’s 35.9%. In the greater Cleveland area, he crushed in very wealthy Geauga County with 45.7%, but also carried slightly less affluent suburban Lake County (43.5-32.2) and exurban Portage County (39-35) and Medina County (40.8-34.7). He also won Erie and Lorain Counties, whose GOP voters tend to be suburban or exurban and fairly wealthy.
In these close races, people like to cling to random things and sensationalise about how candidate x owes his victory exclusively to those things. In this race, you can say that Romney won because he won the urban counties big, because he won Catholics or because he won working-class Catholics. I don’t like sensationalising in such ways, but from one point of view, Romney ironically won, in part, on the back of his narrow victories in working-class Catholic areas. In Youngstown-Warren, a low-income and working-class post-industrial urban conglameration, Romney beat Santorum 37-34.5 in Mahoning County (Youngstown) and 35.8-35 in Turnbull County (Warren). These post-industrial counties have a big Catholic population of Eastern European, Irish or Italian descent in large part. We should perhaps re-evaluate all the stuff which has been written about Santorum’s particular appeal to working-class voters in the Rust Belt. His appeal in older, urbanized manufacturing and post-industrial cities, which tend to have a large Catholic electorate, has been fairly limited. He did win Toledo and Flint, but fairly narrowly; but he lost Saginaw, Bay City, Macomb County and now Youngstown-Warren. His Rust Belt populist appeal seems to be working out in more rural, less big-city, less solidly Democratic working-class areas.
Rick Santorum won the rest of the state. The rest of the state includes very conservative rural ‘Corn Belt’ counties in western Ohio, which has a large rural German Catholic population which Santorum likely won; Protestant Evangelical and low-income voters in the corridor between Akron and Columbus; working-class Rust Belt areas in the Ohio River valley; and culturally Southern voters in southeastern Ohio (which includes a bulk of counties with a plurality of ‘American’ ancestry residents). In the Appalachian white working-class (mining, manufacturing, steel) counties of the Ohio River valley, an area where Obama had really struggled in 2008, Romney is roughly in the same boat as Obama was. He failed to break 30% in a handful of counties in this area, including Jefferson County where Santorum won 57.7%. I’m not sure what’s up in Athens County (60% for Santorum, 19.6% for Romney) – it could be an error – but it seems like it may be another case of Alachua County, Florida – a liberal county with a big college town which leans heavily to the left, but with a Republican electorate which is extremely conservative.
Results of the VA primary (source: uselectionatlas)
Virginia’s primary was a rather bizarre affair: only two candidates – Mitt Romney and Ron Paul – gathered the required signatures to appear on the ballot, leaving Santorum and Gingrich off the ballot in the state where both of them are currently registered to vote. The result was a primary basically conceded to Romney, but also a chance to measure how Paul – the least popular of the anti-Romneys amongst the social conservative/right-wing GOP crowd – could measure up to Romney in a contest where he was the only anti-Romney. In the end, Romney won, of course, taking 59.5%, but Ron Paul’s 40.5% was a very strong showing for him. Virginia certainly isn’t prime Paul territory and I think he would have had trouble breaking 10% in a normal primary, so he obviously took quite a number of votes from the anti-Romney crowd, which is likely pretty strong in Virginia which is at least half-Southern in its makeup. Virginia is not entirely relevant, as turnout was low and the Paul base was likely very motivated, and the anti-Romney crowd didn’t turn out en masse, but I still think it speaks volumes about Romney’s base problem that he only won 59.5% of the vote against a guy who is widely considered to be unelectable and who is the only contender who hasn’t won one state thus far.
Exit polls reveal how the primary electorate was small and hardly representative of a normal VA GOP electorate. 34% were moderates or liberals, which seems high for Virginia, and only 44% of voters were Evangelical or born-again, which seems low for Virginia. Otherwise, Romney won older voters (83% with those 65+), Paul won won those 17-29 (61%) and 30-44 (63%). Ron Paul did much better (48%) with those earning $30-50, the lowest income group to be quantified, but lost heavily (64-36) to Romney with those voters making over $100k.
Paul won independents, a third of the electorate, with 64%, but lost Republicans 73-27 to Romney. He tied Romney with the 34% who described themselves as moderates or liberals, and won 36% support from the very conservative voters (32%).
Ron Paul actually won a few counties, quite a few of them too. He won a fairly bizarre string of them in southwestern Virginia, all of which were won by Huckabee over McCain in 2008. One of these counties, Montgomery County includes the liberal college town of Blacksburg (Virginia Tech), but I’m tempted to attribute these victories to a conservative anti-Romney vote, although one which seems fairly limited because Paul certainly didn’t have Huckabee’s appeal in southwestern Virginia, the most Dixie-like region of the state.
Paul also won Lynchburg (51%), a conservative college town which includes the Christian right’s Liberty University; the liberal college town of Charlottesville (52%), Manassas Park (53%) and random Buckingham and Warren counties. He also proved popular in black-plurality Norfolk (50.6%), Portsmouth (51.5%), Surry County (53.5%) and Charles City (52.2%).
On the other hand, Romney blew Paul out of the water in Richmond’s affluent suburbs: 63.9% in Henrico County, 67.3% in Goochland County, 62% in Chesterfield County, 57% in Powhatan County and 57.3% in Hanover County. In Richmond proper, Paul took 48.5%. Romney also dominated in NoVa, where Republicans tend to be of the very affluent and highly educated demographic so favourable to Romney. He won 62% in Loudoun County, 65.3% in Fairfax County, 60.8% in Prince William County, 67.6% in Alexandria and 64.6% in Arlington. Romney also did very well – breaking 70% in two counties – in the Chesapeake Bay region, specifically the Northern Necks, where I assume you find a fair number of affluent retirees in the small coastal resort communities.
Results of the GA primary (source: uselectionatlas)
Georgia is Newt Gingrich’s kinda-home state, and certainly the state where his base is strongest and where he has maintained strong support despite his campaign’s descent into the near-abyss since Romney handily defeated him in Florida over a month ago. Santorum seemed to be in a position to give Gingrich a bit of a race, but Gingrich had a mini-surge of sorts in Georgia following Santorum’s momentum-crushing loss in Michigan a week ago, and the conservative vote united around Gingrich and abandoned Santorum. The result was a strong victory for Gingrich in a delegate-rich state, taking 47% to Romney’s 25.9% and denying Santorum, who won only 19.6%, a chance to get delegates out of the state.
Romney had won 30.2% of the vote in Georgia in 2008, meaning that he actually did better in 2008 than in 2012 in Georgia. Newt Gingrich’s landslide victory carries us back to the days of South Carolina back in January, but we shouldn’t delude ourselves into thinking that Georgia will resuscitate his fledgling candidacy. It was a favourite son victory, about as relevant as Howard Dean winning Vermont in 2004 or John Edwards winning North Carolina that same year. It wasn’t really a Southern candidate victory, as his performance in Tennessee shows.
Newt Gingrich dominated nearly every single demographic. He polled strongly even in Romney’s core 65+ constituency, won all income levels besides those who make over $200k (Romney won them by one, 39-38). He trounced Romney 53% to 19% among very conservative voters (39% of voters), a group where Santorum actually ran a distant second with 25%. He even won moderates, with 40% to Mitt’s 28%. 64% of voters were Evangelical, and he took them with 52% against 24% for Santorum. On the other hand, he only defeated Romney by one (38-37) among the minority of voters who were not Evangelicals. He also lost Catholics, 12% of voters, by four points to Romney (38-34), despite being Catholic himself. Even among those 45% of voters citing one’s ability to defeat Obama as the top candidate quality, he beat Romney by 10 (48-38). 61% of voters say that Gingrich’s tie to Georgia didn’t matter, but all these numbers indicate that Gingrich got a big favourite son vote in Georgia. I mean, 39% of voters considered him the candidate most likely to defeat Obama in November…
Romney had done well in the Atlanta metro area in 2008, and it was where he did best this year again. He won convincingly in Fulton County (Atlanta), 45.6% to Gingrich’s 33.2%. He also carried neighboring black majority DeKalb County (39.2-35.7). Fulton County should actually be two counties; a southern part (Atlanta) which is heavily black, low-income and very Democratic and a northern part (Sandy Springs, Alpharetta, Roswell, Milton) which is heavily white and includes some of the wealthiest areas in the Deep South. Romney won big there in 2008, and won big again in 2012. In Fulton County, the GOP electorate is not as conservative as the one found outside the Atlanta metro. The Republican parts of DeKalb County, few and far between, are also very affluent. However, Gingrich beat Romney in four suburban/exurban Atlanta counties Romney had carried in 2008. In Cobb County (Marietta), more exurban despite some very wealthy inner suburban areas, Romney lost 43.7% to 32%. He won only 28.8% in Gwinett County, 20% in Clayton County, 28% in Forsyth County, 28.3% in Fayette County; all exurban counties. Gingrich used to represent GA-06, which in his time covered northern Fulton County and parts of Cobb and Cherokee counties. He likely won his old district’s old boundaries convincingly.
Romney’s only other victory was in Chatham County (Savannah), with 39% to Gingrich’s 35%. Besides Savannah, it includes some very affluent coastal island resort communities (Skidaway Island, Wilmington Island).
Newt Gingrich swept the rest of the state, similarly to South Carolina. He won the Black Belt areas, generally supportive of establishment candidates in presidential primaries (McCain won it in 2008); the white rural areas of southern Georgia; Atlanta’s exurbs and northern Georgia. Like in South Carolina, Gingrich was able to build a favourite son coalition made up of more populist and Evangelical Upstate (northern Georgia) voters and the more patrician-tradition and pro-establishment conservatives of the coastal plains and Midlands. Gingrich took most of Georgia’s mid-sized urban and suburban areas. He won Bibb County (Macon) with 46.9% to Mitt’s 26.8%, Muscogee County (Columbus) with 40% to Romney’s 29.7% and Richmond County (Augusta) with 40% to 28.9%. Gingrich won Clarke County (Athens, a college town) by a smaller margin: 39% to 30%, with Paul pulling in 13.5% in fourth place. Romney performed slightly better in these urban areas the more affluent Colonial Coast (Golden Isles region), but failed to carry Glynn County (Brunswick) which he had won in 2008. However, in the bulk of rural Georgia – north and south – he was badly trounced, rarely breaking 20% and often placing third behind Rick Santorum – whose support is closely correlated with the map of white Evangelicals.
As we found in Jacksonville, Florida; Romney’s affluent suburban base is rather limited in the Deep South. He had done well in those conservative Dixie suburbs in 2008, but that was when he was the non-Evangelical conservative contender rather than the blander establishment moderate in the race. Southern suburbs are more conservative (tending to be the most Republican counties in the state) and less ethnically diverse than most of their northern counterparts, which are more receptive to more moderate candidates such as Mitt Romney. White flight is also a major phenomenon in a lot of the newer Southern suburban counties, and the type of voter that such suburbs contain are hardly favourable to him. Romney lost Savannah white flight Effingham County 41-23 to Gingrich, placing third behind Santorum. It is hard to quantify, but Romney has shown that he has only very limited appeal to Southern voters in newer suburban or exurban areas, his Southern suburban strength being really just concentrated in the wealthiest of the older inner suburbs.
Results of the TN primary
Tennessee emerged as the second most competitive Super Tuesday contest after Ohio. A Southern state where Gingrich lacked a favourite son appeal, it was to be the first test for Rick Santorum’s ability to win in the Deep South despite not being a Southerner in a race which features a Southerner (Gingrich). Until the final few days, it seemed as if Santorum would win Tennessee easily, but after Michigan, his numbers fell and Gingrich’s numbers rose some. The division of the conservative vote between Santorum and Gingrich gave Romney the chance to creep up the middle and win what could be a symbolic victory in the South. It did not come to be. Santorum won 37.4% to Romney’s 28.1%, a decisive victory. Newt Gingrich performed fairly strongly with 24.2%, but this was only good enough for an unremarkable third place showing – in a Southern state bordering Georgia no less. Since Nevada, Gingrich has failed to come second or better in any state except Georgia. That shows how moribond his campaign is at this point.
Tennessee’s GOP electorate is conservative – it voted for Huckabee over McCain in 2008 – but at the state level it has tended to support moderately conservative establishment candidates like Bill Haslam, Bob Corker or Lamar Alexander over insurgent conservative candidates. Romney faced an uphill fight in Tennessee, but it would not have been impossible for him to win if he had proved to have a larger base appeal.
Santorum swept most demographic categories in the Tennessee exit poll, leaving Romney to his core demographic stregths: older voters (65+, he won them 34-31) and the wealthiest (those making over $200k, he won them 47-26). Santorum did better with middle-aged voters, as well as poorer and lower middle-class voters.
The electorate was overwhelmingly conservative, at 73% identifying as conservatives including 41% who were ‘very conservative’. Republicans made up 68% of voters, independents made up an additional 27% and 5% of voters were Democrats. Santorum won Democrats (41-21) and independents (38-25) by larger margins than he won Republicans (38-29 over Romney, Gingrich pulling 27%). With the very conservative voters, Santorum won 48% to Newt’s 27% and Romney’s paltry 18%. Romney, however, won ‘somewhat conservative’ voters by two (35-33) and moderates by five (33-28). 73% of voters were Evangelical, a group which Santorum won with 42% to Gingrich’s 25% and Mitt’s 24%. Romney still dominated with those who felt one’s ability to beat Obama was the most important quality (40-32 over Gingrich, Santorum in a poor third with 25%), and 43% of voters saw him as the candidate most likely to win in November. But, on the other hand, a full 49% of voters felt that Romney’s positions were not conservative enough.
As we found in Georgia, Mitt Romney’s base was rather limited. He had won a handful of counties in 2008, when he had won 23.6% in Tennessee, but this year he won only three counties. Two of them were in the Nashville area. He took 33.1% to Santorum’s 30.9% in Davidson County (Nashville) and 35.8% to Santorum’s 32.5% in Williamson County (Franklin, south of Nashville). Republicans in Williamson and Davidson counties, which include suburbs of the like of Forest Hills, Oak Hill and Brentwood tend to be the most affluent voters in the state – Williamson is the wealthiest county in the state. Romney also won, more randomly, Loudon County (36.2-34.6) which seems to include some more affluent suburbs of Knoxville in eastern Tennessee. However, Romney, like in Georgia and Florida, was unsuccesful in the newer, solidly Republican upper middle-class exurbs or outer suburbs of Nashville and Memphis. He had won exurban Nasvhille’s Rutherford, Sumner and Wilson counties in 2008; this year he lost them all. He lost 41-24 in Rutherford, 38-27 in Sumner and 40-24 in Sumner (placing third behind Gingrich). Romney also lost Shelby County (Memphis) 37.4-34.2 to Santorum. White flight is more pronounced in Memphis’ otherwise affluent suburbs included within Shelby County.
Rick Santorum swept the rest of the state save for one (or two? there are differences between sources) in eastern Tennessee which voted for Gingrich. Santorum was able to put together a coalition composed of East Tennessee Hill Country, Middle Tennessee and West Tennessee. He narrowly won Knox County (Knoxville) with 34.5% to Mitt’s 33.7% and prevailed in Hamilton County (Chattanooga) with 31.5% against 28.9% for Romney. Despite being hilly and historically very much opposed to the patrician plantation owners of West and Middle Tennessee, East Tennessee’s ancestrally Republican (Unionist since the Civil War) electorate has, unlike the Upland voters in South Carolina, usually favoured establishment candidates. Gerald Ford won most of the region in 1976 against Ronald Reagan and John McCain did fairly well against Huckabee there in 2008. This year, Mitt Romney did fairly well too in East Tennessee, but Santorum did well enough to sweep it in its quasi-entirety (despite strong Gingrich showings). He won, however, his best results (over 40%), in the more purely Dixie plain country of Middle and West Tennessee, where candidates of the populist/Huckabee variety do well.
Results of the OK primary
Oklahoma is a very conservative state, but tends to have fairly erratic presidential primary voting patterns for both parties. John McCain narrowly defeated Mike Huckabee in 2008, in a map which revealed a split between the more Southern parts of the state and the Midwestern parts of Oklahoma. Rick Santorum, unlike Huckabee, has proven to be more than just a sectional candidate and has real appeal to both Southern and Midwestern conservatives; while Romney doesn’t have McCain’s appeal to Midwestern conservative voters. Oklahoma was always going to be a slam-dunk for Santorum after his post-CO/MN surge. He won a fairly poor 33.8% to Romney’s 28%, hurt in good part by Newt’s very strong showing: 27.5%. I find it amusing that Romney basically won the same percentage in both Tennessee and Oklahoma. Can we assume that Romney’s Southern base of sorts is 28% of the vote in a three-way contest?
The exit polls are somewhat interesting. Gingrich won men, but lost women to Santorum (and Romney) by a big margin. He actually performed very strongly with the 65+ crowd (40%), while Romney did meh with those voters, usually his top demographics (only 29%, he did better with those 30-44). Romney did, however, win the wealthiest voters: he took those earning over $100k by a 10 percent margin (40-30) over Santorum and tied Santorum among those earning $50-100k. Santorum (39%) and Gingrich (35%) both performed best with those earning less than $30k. Evangelicals were a full 72% of the electorate, and Santorum won them by 10 (37-27) over Romney and Gingrich.
Predictably, this being Oklahoma, conservatives made up 75% of the GOP primary electorate, including 47% who were “very conservative”. Santorum won both groups, the latter by a crushing 40-32-21 margin over Gingrich and Romney and the former by 10 over Gingrich (38-28, 25% for Romney). Romney won the quarter of voters who were moderates, 38-28 over Gingrich with Santorum pulling just 19%. Santorum still had major problems convincing the 40ish percent of voters who feel that a candidate’s ability to beat Obama is top candidate quality; he won just 18% with them.
Mitt Romney, again, saw his appeal concentrated heavily in urban areas. He won Oklahoma County (OK City) 34.5% over 30.6% for Santorum, but he lost Tulsa County (Tulsa) 32.3% to 28.8% to Santorum – and placed a close third behind Gingrich (29.6%). He lost Comanche County (Lawton) 30.5% to 35.6% for Santorum. Romney’s other win was in Payne County, home to the college town of Stillwater, which he won 31.3% to 28.2% for Santorum. Romney failed to prevail in OK City’s two main suburban counties; Canadian County (lost 34.8% to 27.7%) and Cleveland County (Norman, lost 33.1% to 30.3%). He placed a poor second or third in the more exurban counties of OK City and Tulsa.
Newt Gingrich won a few counties, in a way which is so random that it is hard to explain. He won around Enid and Woodward in Midwestern northwest Oklahoma, did well around Tulsa but fairly poorly in Little Dixie. Santorum won the rest of the state, with appeal to both Midwestern and Southern-like areas of the state. He did well in Little Dixie, but also did very well in the very conservative Oklahoma Panhandle, which is very Midwestern.
Results of the ID caucus (own map)
Idaho is a conservative state, it is a caucus state; so based on those two factors, Romney shouldn’t have done overwhelmingly well. Indeed, some observers were fairly conservative about his chances in Idaho. But Idaho is the second most heavily Mormon state after Utah, with some 26% of its population being Mormons, heavily concentrated in eastern Idaho – or “northern Utah”. Given how solidly Republican the Mormons are, and how motivated of a base they are for Romney this year, we can estimate that Mormons made up at least half of the Idaho caucus electorate this year, if not close to 55-60% of the whole caucusgoers in Idaho this year. Thus, predictably, Mitt Romney won Idaho easily, taking 61.6% to Santorum’s 18.2% and Paul’s 18.1%. The map is all shaded in with over 50% shades because ID caucuses are run with an intricate recaucusing system, voting in each county continues through successive ballots until a candidate receives a majority or only two candidates remain (at which point a final ballot is taken). Any candidates placing below 15%, plus the bottom remaining candidate are eliminated each round. This explains why in some counties, when looking over results in details, you will find some straight two-way contests excluding two of the other candidates – like Romney – because the others failed to qualify for the final ballot.
There were no entrance polls for the caucus in Idaho, unfortunately, but it would have revealed some interesting things about Mormons vs. non-Mormon Protestants in Idaho’s GOP caucus electorate. We can safely say that Romney like won some 90-95% of the vote with Mormons, but at the same time lost the non-Mormon minority by a sizable margin to either Santorum or Paul. Our map of the result confirms this, by highlighting a major fault line between eastern and western Idaho/the Idaho Panhandle. In eastern Idaho, which is very heavily Mormon (like Utah), Romney killed. 79.5% in Bonneville County (Idaho Falls), 79.2% in Bannock County (Pocatello), 78% in Teton County (Mormons-n’-ski bunnies). In the smaller, rural counties of the region, he broke 80% with ease. In tiny and heavily Mormon Franklin County (which we can take as a good example) he took 86.1%. It is interesting to point out that Paul often did comparatively well in Mormon country, breaking 10% in a few counties including Franklin County. Some stuff has been written about Paul’s appeal with Mormon voters, based on his constitutionalist principles which seem to appeal to some Mormons not enamoured by their coreligionist Mitt Romney.
Mitt Romney carried Blaine County (Ketchum-Sun Valley) with 60.5%, likely because the ones who aren’t Democrats there are probably Mormons or at least affluent ski resort Republicans. Similar comments can be made about the Boise-Nampa area, which he won on the back of a Mormon base mixed in with suburban affluence. He took 51.8% to Santorum’s 22.8% in Ada County (Boise) and 51.8% to Santorum’s 32.7% in Canyon County (Nampa).
On the other hand, Mitt Romney failed to carry a single county in the Panhandle, heavily non-Mormon, though he did do well in Nez Perce County (Lewiston) and Shoshone County, where low GOP turnouts leads to a strong Mormon base in the GOP caucus-going electorate. There remains a fairly strong anti-Mormon sentiment in these parts of western Idaho, which despite being roughly as conservative as Mormon country, have little else in common politically. Romney often failed to qualify for runoff viability in a handful of counties in the Panhandle. Ron Paul won easily in Latah County (Moscow, a college town) with 52.3% to Romney’s 20.2% and narrowly beat Romney in the runoff in more working-class Nez Perce County (Lewiston) with 50.6%. Santorum, however, did win most of the Panhandle’s working-class belt, taking 63.8% in Lewis County, 64% in Clearwater County, 54% in Shoshone County and 50.9% in Benewah County. He won the region’s main urban centre, Coeur d’Alene in Kootenai County with 57.6% in a runoff against Paul.
North Dakota, a caucus state, went for Romney on Super Tuesday in 2008, but it was a tough state to predict. Some were reluctant to give the state to anybody else given that Romney won it, while others claimed that Santorum’s success in surrounding Plains state guaranteed him a win in conservative North Dakota. They ended up being right, as Santorum easily won with 39.7% to 28.1% for Ron Paul. Mitt Romney placed third with 23.7% in a state which went to him with 35.7% in 2008. We can now ascribe Romney’s win in 2008 to the “conservative caucus” effect, a conservative crowd of caucus-goers which turns out for the ‘pure’ conservative candidate in the race. Romney’s advantage in caucuses was overwhelming in 2008, and while he hasn’t lost it entirely this year, his caucus performances are underwhelming more than anything.
There were no entrance polls in ND, and the results were only reported by state house district, which Google Politics was good enough to give us. Results by house district are both less detailed in rural areas where districts cover many counties, and more detailed in urban areas where house districts cover only parts of a single larger county. Rick Santorum swept the bulk of rural North Dakota, his lowest showing in rural North Dakota coming from HD-9, a predominantly Native American district where he polled third with all of 13 votes against 15 votes apiece for Paul and Romney. In rural ND, Ron Paul performed best in the more hilly areas to the west and north of the Missouri River, including the Badlands and Little Missouri Grasslands. Santorum did better in the traditional Plains region of rural ND.
Santorum also prevailed in the state capital, Bismarck, losing only an affluent northern suburb to Romney, though Paul did well in the city’s small core. Romney won Minot with 44% to Santorum’s 25%; the presence of Minot AFB likely explains Romney’s advantage. Santorum seems to have narrowly prevailed in Grand Forks, although both other candidates won a district. Ron Paul won the college town of Dickinson with 36.7% to 35.8% for Santorum. Ron Paul dominated in Fargo, the state’s largest city and home of NDSU. Santorum only won two districts, which seem affluent, south of downtown Fargo.
Results of the AK caucus (source: uselectionatlas)
Alaska can take the prize for most erratic voting patterns in GOP primaries. Steve Forbes almost won the state against George W. Bush in 2000, Pat Buchanan won it in 1996 and Pat Robertson won in Alaska in 1988. In 2008, Mitt Romney carried the Alaska caucuses with 44.6% to Mike Huckabee’s 22.4% and Paul’s 17.3%. Given its electoral history and its very pronounced against the grain, independent and anti-establishment streak (it gave over 10% of the vote to Ralph Nader in 2000 and to Libertarian Ed Clark in 1980), predicting Alaska was tough. Ron Paul campaigned in Alaska, to my knowledge the only candidate to do so, and Alaska’s alleged libertarianism favoured him. Ultimately, Romney won narrowly, with 32.6% to Santorum’s 29% and Ron Paul’s rather underwhelming 24% in the state where he perhaps had the best chance of winning.
An entrance poll would have been interesting, but obviously none was taken in remote Alaska. The map of results by district gives us the next best clues about who won what in Alaska. Unlike in 2008, Romney seems to have lost the Mat-Su valley (which goes from Anchorage to Fairbanks) to Santorum. The Mat-Su is the most conservative region in Alaska and it was where insurgent candidates Steve Forbes and Pat Buchanan had done best. Romney still won a handful of districts in the Mat-Su, but Santorum likely won it overall. In Anchorage’s suburbs of sorts in the valley, Romney prevailed in Palmer but Santorum had the upper hand in Sarah Palin’s world-famous hometown of Wasilla (where she voted for Gingrich).
Romney performed best in Anchorage, where Paul also won a few precincts. He, of course, dominated with over 40% of the vote in Anchorage’s wealthier neighborhoods. He also won in Juneau, the state’s liberal state capital, and on Kodiak Island, which appears to be fairly moderate. Ron Paul’s best performance was in Fairbanks, where he apparently did best around the more liberal neighborhoods around the university while Santorum (and Gingrich, who won a district in Fairbanks) did better in the conservative areas around the military base and North Pole. Ron Paul also won the bulk of the bush. No caucuses, it seems, were held in extremely remote Bethel, Barrow and the Outer Aleutians.
The next states to vote are Kansas, which holds caucuses on March 10; and the twin primaries in Alabama and Mississippi on March 13. Romney is unlikely, at this point, to win any of these three contests, unless there is a major division of the conservative vote between Santorum and Gingrich. Mike Huckabee won the Kansas caucuses in 2008, and realistically Santorum should do very well there. Alabama and Mississippi are not as clear. Newt Gingrich could perform well in these Deep South states, and even stand a chance at winning one or both of these states. Rick Santorum, on the other hand, showed in Tennessee and Oklahoma that he has expanded his social conservative base into the South and will likely emerge with more momentum than Gingrich from Super Tuesday. The demographics of either Alabama and Mississippi are hardly receptive to Romney, given that his traditional base of seniors or affluent, educated suburbanites are not really important in either state. His only chance to win these states would be a moneybombing (and it would take a lot of money, lots of it) or hoping for a split in the conservative vote. If the results in Tennessee, Georgia, South Carolina and even Florida are any indication; then Romney should lose pretty handily in both these Deep South states.
Mitt Romney will win the nomination, but up until this point he has faced tremendous resistance from the party’s conservative base, which still hasn’t warmed up to him. In Ohio and Michigan, his victories were due to more moderate conservative voters while the most conservative voters in both those states voted in large numbers for Santorum. In the Deep South, up until this point, Romney was basically shut out everywhere outside the more moderate, older affluent suburbs of the largest cities. John McCain faced a similar problem with the conservative base in 2008, but the results we saw on Super Tuesday indicate that Romney faces an ever deeper problem. McCain had been able to win some regions of South Carolina, Georgia, Tennessee and Oklahoma which soundly rejected Romney.
Posted in Alaska, Georgia, Idaho, Massachusetts, North Dakota, Ohio, Oklahoma, Primaries, leadership contests or internal party votes, Tennessee, U.S.A., Vermont, Virginia, Washington, Wyoming
Massachusetts by-election 2010
The special election for the US Senate seat of the late Ted Kennedy was held yesterday, January 19. The Senate special election in a normally very safe Democratic state attracted national attention when polls showed that the Republicans were closing in on the seat and even leading the Democrats. I covered the candidates, the issues and other stuff in an election preview post.
Scott Brown (R) 51.9%
Martha Coakley (D) 47.1%
Joseph Kennedy (L) 1.0%
Turnout was 54-55% or so, quite high for a special election. This makes the patterns in this election more notable and noteworthy than those in regular special elections with very low turnout. A lesson is to be learned here, to an extent.
Undoubtedly, a shocking Republican victory in such a Democratic state and a seat which has elected Democrats since 1953 and two Kennedys. Beyond the symbolism, this becomes the ’41st’ Republican seat, as Brown and his supporters made very clear last night. This is significant because it ends the Democrats’ filibuster-proof 60-seat majority. This allows Republicans to block Obama’s health-care reform in the Senate, which they are very likely to do.
The election has undoubtedly sent shock waves down the spines of many Democrats facing voters in November. What caused Coakley’s defeat and Brown’s underdog victory? Firstly, the candidate. Coakley won the primary in December and came out with a 20-point lead or so, but then went MIA and returned only when the polls showed that her lead had been cut from 20 points to a tie or a deficit of 1-5 points. The Democrats frantically tried to do anything they could, getting Obama and all the bigwigs to stump for Coakley. Coakley was undeniably a bad candidate with little charisma and campaigning abilities. While she was MIA, Scott Brown was actively fundraising and hitting the ground with positive and powerful ads. He put his name on the map, and his more populist campaigning style appealed to a number of voters.
Who were these voters? The map shows that Brown destroyed Coakley in traditionally centrist and affluent suburbs (as opposed to liberal affluent suburbs). Most voters here are independents, a group which forms around 50% of voters in the state, and oppose the administrations’ spending policies and high taxes – economy was a major point in Brown’s platform. In addition, Democrats lost the most (compared to 2008) in white working-class areas, notably old mill towns. Lowell, a name which immediately reminds one of the early industrial era which started in Massachusetts, narrowly voted for Brown. The towns in which Democrats lost the most grounds have an unemployment rate higher than the state as a whole. At the same time, reliably Democratic voters, notably minority voters, stayed home in larger numbers. What is worrying for Democrats is that these patterns were seen in the 2009 elections in New Jersey, Virginia and parts of New York.
On the other hand, Democrats held their ground better in the Berkshires (rural sparsely populated areas in the west of the state which are similar demographically to Vermont), college towns and rich liberal areas. Voters in these areas are more supportive of Obama and have less beef with the administration’s economic and healthcare policies.
The New York Times have an interesting set of maps. A comparison with the map of Romney’s 2002 victory is particularly interesting, showing that Brown appealed more than Romney to working-class voters but Romney performed better in Boston’s suburbs than Brown did last night.
Posted in Massachusetts, U.S.A.
Election Preview: Massachusetts Senate by-election 2010
A special election to fill the US Senate seat of late Democratic Senator Ted Kennedy, who died in summer 2009, will be held in Massachusetts on January 19. Ted Kennedy, brother of former President Joseph F. Kennedy and former Senator Robert F. Kennedy, was first elected in a special election in 1962 to fill a seat which his brother, President Kennedy, had held between 1953 and 1960. He was easily re-elected in 1964 through 2006.
Shortly before his death, he urged Massachusetts Governor Deval Patrick to change the law for filling vacancies to allow for interim appointments before a special election can be held. The law had been changed in 2004 by Democrats who feared that Republican Governor Mitt Romney would appoint a Republican to John Kerry’s seat if he had been elected President in 2004. The winner will be up for re-election in 2012.
Massachusetts, being the most Catholic state in the country coupled with a strong organized labour base and socially liberal streak, is one of the most Democratic states in the nation. It gave Obama 62% of the vote, and it was the only state in which John Kerry (who represents the state in the Senate) broke 60% in 2004. Democrats hold all state-wide offices (with the exception of Treasurer, which is held by a former Democrat, now Independent) and all 10 seats in the US House. In the State House, there are 144 Democrats to only 16 Republicans. In the State Senate, there are 35 Democrats to 5 Republicans.
Governor Patrick, who was successful in passing the new succession law, appointed Paul G. Kirk to fill the Senate seat before a special election is held and its winner sworn in. Kirk made it clear he was only a seat-warmer and would not run in the special election.
Martha Coakley, Massachusetts’ Attorney General won the December 8 Democratic primary with 47% against 28% for Representative Mike Capuano. Coakley, who supported Hillary Clinton in 2008 and offered only lukewarm support to Obama in November, is a rival within the state Democratic Party of Governor Patrick (who supported Obama in 2008). Coakley supports Obama’s healthcare plan and also stands with the party on social issues.
Republican State Senator Scott Brown easily won the Republican primary. Scott Brown is hard to pin-down, but he is certainly what is called an ‘economic conservative’ in the US and more wishy-washy on social issues. He opposes Obama’s healthcare plan and is known to be anti-tax, but he has not come out as fully pro-life though his website does say he ‘wishes the reduce the number of abortions in America’. He also states that marriage is between a man and a woman, but he’s made his real stance on gay marriage wishy-washy as well. In a state where Republicans tend to be quite liberal, he is probably to the right of most Massachusetts Republicans (and Democrats, obviously). However, Professor Boris Schor of the University of Chicago’s Harris School of Public Policy Studies contends that Brown is a liberal Republican.
There’s a third candidate, an Independent, with an original name. Joseph Kennedy, no relation to the Kennedy either by blood or political views. Kennedy is a libertarian, and some think he could get a small share of the vote from voters thinking they’re voting for a real Kennedy.
Massachusetts in a safe Democratic state, but a general growing discontent with Obama coupled with a series of verbal gaffes by an uncharismatic and rather poor candidate like Martha Coakley has changed this race into a very close race. A few polls have had Brown ahead, and all serious pollsters rate the race as a tossup. Rasmussen had Coakley ahead 49-47, and PPP has Brown ahead 48-47. The race remains very close and both candidates have a realistic chance to win. A Republican victory in such a Democratic state would probably send a shockwave signal to Democrats and Obama of the danger they’re in, especially in regards to the November 2010 mid-terms. However, it remains a special election where turnout patterns are different than those usually seen in November.
Democrats hope that a visit by Bill Clinton and Barack Obama can prevent Coakley’s vessel from sinking from the weight of her awful campaign. Democrats.
Posted in By-elections, Massachusetts, U.S.A.
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Bevin’s Medicaid Changes Could Mean A Hard Transition For Working Poor
By Lisa Gillespie
Photo: J. Tyler Franklin
Amanda Mills has insurance through Kentucky’s expanded Medicaid program. She also has a full-time job working with homeless people in Louisville.
In January, she’ll lose Medicaid coverage because she makes $1,000-a-year more than the threshold, which is about $28,000 per year. And, she says, she won’t be able to afford the insurance her employer offers, plunging her into a familiar gap created by the Affordable Care Act where people earn too much for Medicaid but too little for a subsidy to assist with premiums.
Mills is one of the many people in Kentucky who are considered working poor. She is also a sort of ideal as envisioned by Gov. Matt Bevin’s proposed changes to the expanded Medicaid program: She has a full-time job that offers health insurance, and she is moving off Medicaid.
Bevin is seeking to use expanded Medicaid as a sort of incentive to push recipients to work, even though many already do. The work requirement is not a new idea, but if it’s approved, it would mark a fundamental shift in the way Medicaid benefits are disbursed.
And it’s something, according to a new study, that could be very difficult.
A Hard Transition
Mills simply can’t afford her employer-based insurance, which would cost her about $200 a month. That’s a situation many Kentuckians could find themselves in if they’re pushed off Medicaid and onto employer coverage.
Still, the governor’s office believes doing so would help Medicaid recipients become more self-sufficient.
“Beneficiaries may only truly escape the bonds of generational poverty and improve their quality of life through obtaining stable employment,” Bevin’s proposed waiver states.
Kentucky’s new expanded Medicaid program would include a de facto work requirement for the first time in Medicaid’s 50-year history. Under the proposed plan, recipients would be required to spend 20 hours a week working, volunteering, searching for a job, participating in job training or attending school. Some people, like primary caregivers and those with disabilities, would be exempt.
Bevin’s administration filed the waiver with the federal government last August. A recent report from Inside Health Policy said the federal government has approved most of the Medicaid changes — all but the work requirement, which is still being negotiated.
The changes would force some Medicaid recipients off the program and onto employer insurance if it is offered. But in those cases, the state would provide premium assistance — although the amount and method of payment hasn’t been determined.
Without required work hours, the state would suspend Medicaid benefits. That suspension could be cut short if enrollees did certain things, like take a financial literacy course.
But according to research that appeared in Health Affairs on Wednesday, one-third of people with Medicaid coverage already are working. And if these people have an employer that offers insurance coverage, the Bevin administration’s stated goal of transitioning enrollees to employer-based insurance may be difficult.
“The option is there, but there’s no money,” Mills said. “I could pay that and then we could be homeless. Or I could pay that and then my kids wouldn’t eat.”
The 31-year-old Mills has a blood clot disorder that will require surgery in November. She’s considered cutting back on her hours at work to shrink her income and stay on Medicaid.
“I thought about it,” she said. “But what example would that set for my kids, my coworkers and the people I mentor?”
Mills also looked at buying a plan on Healthcare.gov and getting cost-sharing help. But people with the option of employer-based insurance don’t qualify for subsidies and can’t sign up under the Affordable Care Act.
‘Doing The Right Thing’
Jessica Greene, a professor of health policy at Baruch College in New York and author of the report, conducted focus groups with 79 low-income people in June. She said many of the people interviewed are in a similar position as Mills.
But they’re stuck in a place Bevin might not have anticipated.
“So there are all these people doing the right thing, and trying to get their lives in order, yet they’re facing this gulf and it’s an area that the ACA has left this huge gap,” Greene said.
Although Mills said she could use income from a second job outside of her daytime job, she hasn’t done it because that extra income would have kicked her off coverage. Greene’s interviews showed others had made similar choices: turning down overtime work, going from full-time to part-time and foregoing promotions to keep insurance.
“There was another person who had to say no to a promotion because she wouldn’t have been able to afford health coverage if she took the promotion,” Greene said.
Some focus group members proposed policy ideas that could help people who have Medicaid and have the choice of employer-based coverage:
Under the proposal enrollees would have to pay monthly premiums (or co-pays). Put the monthly premium into a health savings account for the enrollee to save and later use toward employer-based insurance premiums.
Create a transitional program to help people going from Medicaid to employer-based insurance. That could include allowing enrollees to volunteer in exchange for a gradual phase-away of their Medicaid benefits.
Have a gradual phase-out of Medicaid to employer-coverage with Medicaid covering a portion of the employer premium.
In July, the Bevin administration proposed a new round of changes to the waiver that they say would save the state more money. The state estimates they would reduce the Medicaid rolls by an additional 9,000 enrollees.
Lisa Gillespie @LVGillespie
Lisa Gillespie is WFPL's Health and Innovation Reporter.
By Lisa Gillespie @LVGillespie
affordable care act Governor Matt Bevin medicaid medicaid expansion
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Main » TV-series » Good Omens season 2
Good Omens season 2
Original name: Good Omens season 2
Director: Neil Gaiman
Seasons: 1
Cast: David Tennant, Michael Sheen, Anna Maxwell Martin, Jon Hamm, Josie Lawrence, Adria Arjona, Michael McKean
TV channel: Amazon Video
Original release: May 31, 2019 - present
About TV show Good Omens season 2
Good Omens is an upcoming television serial based on the 1990 novel Good Omens: The Nice and Accurate Prophecies of Agnes Nutter, Witch by Terry Pratchett and Neil Gaiman.
Six-part mini-series based on the eponymous novel by Terry Pratchett and Neil Gaiman. It will be in 2018, when the Apocalypse is about to begin. The demon Crowley (David Tennant) and the angel Aziraphale (Michael Sheen) should make a contribution to their educational work, since they have the young Warlock in their care, who should become the devil. But because Crowley and Aziraphale do not feel like the end of the world, it's a good thing that they bring up the false hellish prince - Warlock was exchanged with the real devil child at birth. It is now to find the, to save the world.
TV show status
Example: 2019-12-03 - Official release/renewed date;
2019, to be announced - The date will be announced in 2019;
Completed - The season 1 is final;
Cancelled - The show has been canceled after season 1.
Good Omens season 2 release date on Amazon Video
2020, TBA
Subscribe to receive last news and updates status TV show Good Omens season 2. You will receive an automatic email when the show renewed or cancelled.
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KWCW Show of the Week
Daniel Kim
Filed under A&E
Show title: Bring Da’ Ruckus
Time: 12-2 a.m. on Mondays
Host: Tim Kent AKA DJ Yung Whippa Snappa
“Bring Da’ Ruckus,” named after a Wu-Tang song, sheds new light onto the genre of hip-hop. Kent, a hip-hop enthusiast and advocate, wants to show that there is so much diversity within the genre that drives so much of our mainstream culture. He wanted to express his passion and share his love of hip-hop, giving listeners a trip through the regions and different genres within the genre every week. Beginning with a homage to Wu-Tang –– after all, his show is named after one of their songs –– Kent plays three new songs from the previous week, commenting on what has been going on in the hip-hop world, upcoming releases and hip-hop news. The listener gets a taste of so many different types and figures of hip-hop. Kent’s hope is that this audience can really see the way that the genre has changed over the years in terms of production, lyricism and themes. There is so much to know about hip-hop. Despite only being around for about 30 years, hip-hop has contributed to our society in an important way. “Bring Da’ Ruckus” explores how the genre has changed along with our culture and its lasting influence. It’s our music and aimed at our generation. Kent has so much love for the good memories that he has committed to listening to only hip-hop on air. “Bring Da’ Ruckus!”
Remember the Manifesta? Reparations are Due
Issue 12 Correction – May 2, 2019
Summer Article: Family is Disappointed When Man Baby Returns Home From College Addicted To “Game of Thrones”
Student awarded internship grant, will spend summer being burned alive
Jerry Taylor Presents on Libertarian Climate Policy and the Green New Deal
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Profile: Lauren Hauck
Serena Runyan
Senior Lauren Hauck is a History and Art History double major. She’s been involved with debate at Whitman since her first year when she learned parliamentary debate, and she became a policy debater her second year.
This was all new to Hauck- she hadn’t debated before college like many debaters on campus, but dived right in. She’s also the Education Chair of the Kappa Kappa Gamma sorority, and works at the Bookstore and Physical Plant.
Hauck says her favorite part of debate is exploring the structure of ideas.
“I’m more of a critical debater and I focus on the philosophy or theory of an idea,” Hauck said in an email, “so I really like learning about new arguments and authors that I haven’t run before. This year, my partner Emma Newmark and I are running an argument largely based upon the work of Helene Cixous, which is incredibly interesting.”
Though Hauck isn’t one of the debaters participating in the debate at the Penitentiary this year, she sees it as an important part of Whitman’s debate program.
“I think the Penitentiary project is a really great way for debate to expand outside of college academia,” she said. She emphasized that the event is valuable to all parties involved.
“I feel like it’s important to recognize that the project isn’t a form of charity, but a mutually beneficial learning experience that offers both sides a great deal. It is a very different way of engaging with ideas that is more like a collaboration rather than a competitive activity.”
How does Hauck tackle all of this? Her favorite smell: “Coffee coffee coffee.”
Tags: Debate, Lauren Hauck, penitentiary, profile, Whitman debate
One Response to “Profile: Lauren Hauck”
John Coleman '73 on December 9th, 2014 10:09 pm
Congratulations to Laurie and other members of the debate team for a wonderful start to the season and for restoring / retaining the program to its very high standards. Keep it going!
Whitman Connection to Schools
Debate Returns To Whitman
Don’t Stay True to Yourself
Debate Reinstated
Behind Bars, in Our Backyard
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Difference between revisions of "M3 Stuart"
DnaGonite (talk | contribs)
(→Description: Updated with Specs and Battle-rating template)
(Updated template w/ new design)
<!--''Write about the mobility of the ground vehicle. Estimate the specific power and manoeuvrability as well as the maximum speed forward and backward.''-->
{{main|M5 (37 mm)}}
The M3 ''Stuart'' works best from a distance where its armour can shine and its gun can provide fast covering fire. However, this tank also works well in tight spaces if the armour is angled correctly, thanks to its ability to bounce shots and destroy the enemy with its AP ammunition.
<!--''Summarize and briefly evaluate the vehicle in terms of its characteristics and combat effectiveness. Mark its pros and cons in a bulleted list. Try not to use more than 6 points for each of the characteristics. Avoid using categorical definitions such as "bad", "good" and the like - they have a substitution in the form of softer "inadequate", "effective".''-->
<!--''Describe the history of the creation and combat usage of the ground vehicle in more detail than in the introduction. If the historical reference turns out to be too big, take it to a separate article, taking a link to an article about the vehicle and adding a block "/ History" (example: <nowiki>https://wiki.warthunder.com/(Vehicle-name)/History</nowiki>) and add a link to it here using the <code>main</code> template. Be sure to reference text and sources by using <code><nowiki><ref></nowiki></code>, as well as adding them at the end of the article.''-->
The American light tank design prior to World War II, the [[M2A4|M2 light tank]], was seen as obsolete after observing Germany's Panzer forces tear through Europe. The design was to be upgraded with more armour, a better suspension, and a new gun recoil system. The revised version was designated the '''Light Tank M3''', which the British named the ''Stuart''. At its basis, the light tank had a 37 mm cannon with a similar layout as the M2 light tank, with the radial engine at the rear and the transmission on the front, though the radial engine was in high demand so the Guiberson diesel T-1210 were fitted in some models to substitute the engine. The design used the VVSS bogie system seen on previous American tank designs. The tank had a crew of four: driver, assistant driver, gunner, and commander, who doubled as the loader.
* [[Pz.II C]] - A common opponent
* ''encyclopedia page on tank;''
{{USA light tanks}}
Light Tank M3 Stuart
USAI Rank
Light tankClass
37 mm M5 cannonWeapon 1
103 roundsAmmunition
-10° / 20°Vertical guidance
verticalStabilizer
3 х 7.62 mm M1919A4 machine gunWeapon 2
9 600 roundsAmmunition
250 roundsBelt capacity
500 shots/minFire rate
7.62 mm M1919A4 machine gunWeapon 3
2 900 Research
700 Purchase
130 / 168/120 / 155/90 / 116Repair
200 Crew training
1 000 Experts
20 Aces
3.2 Machine guns
The Light Tank M3 Stuart is a Rank I American light tank with a battle rating of 1.3 (AB/RB/SB). It was one of the first American tanks to be released with the American ground tree in Update 1.45 "Steel Generals". With a better engine and transmission system than the M2 light tanks, the M3 Stuart is more able to maneuver the battlefield as a dependable light tank.
Hull 38.1 mm (18°) Driver Port
15.8 mm (69°) Front Glacis 25.4 mm 25.4 mm 12.7 mm
Turret 38.1 mm 25.4 mm 25.4 mm 12.7 mm
Suspension wheels and bogies are 15 mm thick, tracks are 10 mm thick.
Add-on Armor
Main article: M5 (37 mm)
37 mm M5
103 -10°/+20° ±180° Vertical
Arcade 19.04 26.35 32.00 __.__ 37.65
Realistic 11.90 14.00 17.00 18.80 20.00
Penetration in mm @ 0° Angle of Attack
M74 shot AP 66 65 55 46 38 31
M51 shot APC 66 65 55 46 38 31
M74 shot 792 0.87 N/A N/A N/A -1° 47° 60° 65°
M51 shot 792 0.87 N/A N/A N/A +4° 48° 63° 71°
Ammo rack of M2A4
103 69 (+34) 35 (+68) 1 (+102) No
Main article: Browning (7.62 mm)
7.62 mm M1919A4
Coaxial mount
Capacity (Belt capacity)
Fire rate
(shots/minute)
3,200 (250) 500 N/A N/A
Pintle mount
3,000 (250) 500 -10°/+70° ±60°
Hull mount (#1)
3,200 (250) 500 N/A N/A 3,200 (250) 500 N/A N/A
The M3 Stuart works best from a distance where its armour can shine and its gun can provide fast covering fire. However, this tank also works well in tight spaces if the armour is angled correctly, thanks to its ability to bounce shots and destroy the enemy with its AP ammunition.
Good front armour.
Fast and agile.
Reliable gun with good rate of fire.
Tank is cramped, one shot can knock out most crew members.
Braking System unresponsive.
Backwards Traverse is slow.
Turning can be hit or miss.
No ammunition with HE filler.
The American light tank design prior to World War II, the M2 light tank, was seen as obsolete after observing Germany's Panzer forces tear through Europe. The design was to be upgraded with more armour, a better suspension, and a new gun recoil system. The revised version was designated the Light Tank M3, which the British named the Stuart. At its basis, the light tank had a 37 mm cannon with a similar layout as the M2 light tank, with the radial engine at the rear and the transmission on the front, though the radial engine was in high demand so the Guiberson diesel T-1210 were fitted in some models to substitute the engine. The design used the VVSS bogie system seen on previous American tank designs. The tank had a crew of four: driver, assistant driver, gunner, and commander, who doubled as the loader.
The first variant of the M3 Stuart light tank was very similar to the M2 light tanks. It had five machine gun armaments scattered around like the M2, but featured better armour and a better cannon with the 37 mm M6 cannon. The design did not have a turret basket for the crew and it was constructed out of rivets, which increased the chance of spalling in the tank. Nevertheless, the first variant M3 saw about 5,811 units produced. The second variant, the M3A1 Stuart, featured a new turret with no cupola on it, plus an added gun stabilizer. The machine guns on the hull sides were removed, so now the total machine guns was reduced from five to three. The design also featured a welded armour design to remove the weakness of riveted armour. 4,621 of this variant was produced from May 1942 to February 1943. The most used variant, the M5A1 Stuart, had a completely redesigned hull and turret, with the hull most notably having a full sloping frontal armour than the previous designs. This variant had about 6,810 units produced. All in all, the M3 light tank design and its variants were produced in massive quantities from March 1941 to October 1943 with a total of 25,000 units produced.
The British were the first to use the M3 Stuart in Africa in 1941, using it in Operation Crusader. However, the result ended with heavy losses, due to the better training the German Afrika Korps had compared to the British tank doctrine. The encounter also pointed out many flaws in the M3, mainly the cramped interior and limited operational range, but was praised for its high mobility and reliability when compared to the British contemporary designs. In 1942, the Stuarts were generally kept as recon units rather than combat units, and some were even modified to improve speed and range by removing the turret, and others were converted to armoured personnel carriers and command vehicles. Though the British used it extensively, it was still in small proportion compared to the American usage. The Soviet Union was also another user of the M3, but found it unfavorable due to their own logistics, plus it was not made to withstand the Russian Rasputitsa or even the winter. The Soviet eventually turned down any more offers for the Stuart by 1943. The M3s also supported the British and Chinese forces in Asia against the Japanese Army, and also France and Yugoslavia in Europe against the German Wehrmacht.
The Americans used it widely in both operational theaters. In the Pacific, the M3s were the first tanks America used in a tank vs. tank operation against the Imperial Japanese Army, where five M3s fought Type 95 Ha-Gos in the Phillippines. Though the Stuarts were newer than the Japanese tank designs by about five years, they were seen as equal in performance and firepower, but the M3 benefited by the support of the American industry arm. The Stuarts served in the Pacific slightly better than its heavier counterparts such as the M4 Shermans due to its lighter weight and maneuverability in the poor jungle terrain, but the M3 Stuarts in the Pacific were gradually replaced by M4 Shermans due to heavy losses from its thinner armour. The M3 were also some of the first US tanks to be converted into flamethrower tanks, named as the "Satan". The Satan tanks provided favorable results to the concept of a flamethrower tank, and were replaced by flamethrower-equipped M4 Shermans in 1945.
In Europe, the M3 formed a large part of the American tank battalions, though following the British path by sidelining the Stuarts from combat duties after heavy losses and to serve alongside Shermans as scouting units. A typical tank battalion for the US Army consisted of three companies of Shermans and one of Stuarts. Other than scouting, the M3s were also used in cavalry roles and infantry support since their cannon are unable to compete with the German tank designs. Despite their dwindling capabilities in battle, the M3 was kept in service up until the end of the war due to the large production numbers.
After World War II, the Stuarts were given out as cheap surplus, countries such as China, India, and Pakistan picked up a few and used them in their conflicts. Portuguese also picked up a few M3s for the war in Angola, and the South African Corps continued using the Stuarts until 1955, where some were still kept in service until 1968 due to available parts. Today, Paraguay is still a user of the M3 light tanks, though as the only tracked armour used in the country.
The Stuart light tank design was also quite versatile that it was made into different variants for different roles on the battlefield. It served as an infantry support vehicle as the 75mm GMC M8 and experiments were also taken to see if it could be adapted to an anti-aircraft gun and a flamethrower as well. However, the M3 was becoming an aging design with inferior armour, cramped interior layout, and a small 37 mm gun, so a program to replace the light tank began in 1943 and became the M24 Chaffee, which would eventually replace the M3 Light Tank mostly after World War II.
Skins and camouflages for the M3 Stuart from live.warthunder.com.
M2A4 - Predecessor
M3A1 - Succeeding variant
Pz.II C - A common opponent
Paste links to sources and external resources, such as:
topic on the official game forum;
encyclopedia page on tank;
other literature.
USA light tanks
LVT(A)(1) · M8 · M22 · M24 · M24 (TL) · T18E2
M2 M2A2 · M2A4 · M2A4 (1st Arm.Div.)
Stuart M3 Stuart · M3A1 Stuart · M3A1 (USMC) · M5A1 · M5A1 (5th arm.div.) · M8 HMC
Post-war M41A1 · T92 · M551 · M3 Bradley
Retrieved from "https://wiki.warthunder.com/index.php?title=M3_Stuart&oldid=16754"
USA ground vehicles
First rank ground vehicles
Light tanks
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Study Finds Unique Barriers For Women in Interventional Cardiology
ACC News Story
as a member to save to your library.
Directly addressing the unique barriers cited by women in interventional cardiology may provide the most impact in reducing gender imbalances in the field, according to a study published Jan. 16 in JACC: Cardiovascular Interventions.
Based off an online survey of cardiovascular Fellows in Training (FITs), Celina M. Yong, MD, et. al, assessed FIT perspectives regarding subspecialty choices. The survey, conducted under the direction of ACC's Women in Cardiology Leadership Council, sought to determine the factors that influence FITs to pursue a career in interventional cardiology and how these differ by sex.
Results showed that out of 574 respondents, 33 percent anticipated specializing in interventional cardiology. In addition, men were more likely to choose interventional cardiology than women (39 percent men vs. 17 percent women), and were more likely to be married and have children. Among married FITs, male interventional cardiology FITs more likely have spouses who do not work.
The authors also found that while men were more likely to be influenced by positive attributes to pursue interventional cardiology, women were significantly more likely to be influenced by negative attributes against pursuing the field. These negative attributes include greater interest in another field, little job flexibility, physically demanding nature of job, radiation during childbearing, "old boys' club" culture, lack of female role models, and gender discrimination.
"Even in the modern era of improved representation of women across most other medical specialties, this study provides evidence that interventional cardiology lags behind," the authors conclude. "If we hope to have a workforce that reflects the diversity of our patients and optimizes delivery of care, targeted resolution will maximize the impact of our efforts."
In an accompanying editorial comment, Annapoorna S. Kini, MD, FACC, notes that "There is a great career path waiting for women in interventional cardiology and the outcome is gratifying and fulfilling." She adds, "In the future, I can see how female physicians will evolve in terms of their skills, talents, good decision-making and leadership in interventional cardiology."
ACC Interventional Section Chair Roxana Mehran, MD, FACC, notes that this article brings to light points that need to be fully addressed by professional organizations. "The archaic sense that female interventional cardiologists cannot be successful wives or mothers, and that inversely, men who chose interventional cardiology cannot have wives who work, is beyond the realm of where we should be in 2019," she writes. "Interventional cardiology is a demanding yet rewarding profession, and we must do a better job of promoting it to avoid losing talent and endorsing burnout."
Keywords: Leadership, Physicians, Women, Fellowships and Scholarships, Decision Making
Fellows in Training Section
Women in Cardiology Section
Interventional Section
Feature | Why I Chose Interventional Cardiology: An Interview With Amisha Patel, MD
Subspecialty Fellowship: Interventional Cardiology
Courageous Conversations: Shattering the Glass Ceiling
YOU ARE HERE: Home > Latest in Cardiology > Study Finds Unique Barriers For Women in Interventional Cardiology
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“The Street Fighter” Bharara, Enron’s Fastow to Speak at Fraud Conference
Austin, Texas (1/10/2012)— Preet Bharara, U.S. Attorney for the Southern District of New York, ex-Enron CFO Andrew Fastow and award-winning actor Stacy Keach head the list of keynote speakers for the 24th Annual Association of Certified Fraud Examiners’ Global Fraud Conference, June 23-28, 2013 at ARIA Resort & Casino in Las Vegas.
More than 2,400 fraud fighters are expected to be on hand for the conference, which marks world’s largest gathering of anti-fraud professionals under one roof. The event offers more than 80 educational sessions focused on subjects including high-tech fraud, risk management, auditing for fraud, detection, investigation and prevention, presented by experts including high-profile crime fighters like Bharara.
Dubbed “The Street Fighter” by TIME Magazine, Bharara oversees the investigation and litigation of all criminal and civil cases brought on behalf of the U.S. in the Southern District of New York. Under his charge, the Civil Frauds Unit has collected close to $500 million in settlements since its inception, including multi-million dollar settlements with Deutsche Bank and CitiMortgage for faulty lending practices and other fraudulent conduct.
Fastow was CFO of Enron Corp., where he was one of the accounting masterminds behind a complex web of off-balance-sheet special purpose entities used to conceal years of massive losses. Fastow pleaded guilty to two counts of conspiracy before serving five years in prison for his role in the fraud scandal. He will share his experiences (without compensation from the ACFE) to help anti-fraud professionals glean insights from the mind of a fraudster.
Stacy Keach is currently the narrator of CNBC’s “American Greed,” an original primetime series which examines high-profile corporate and white-collar crimes, several of which were investigated by CFEs. Keach, known for his portrayals of Detective Mike Hammer and Ernest Hemingway (the latter winning him a Best Actor Golden Globe), brings a personal connection to fraud to his keynote address at the conference – his own family’s experience with a scam artist inspired a passion for spreading fraud awareness.
Other keynote speakers will include Chris Mathers, corporate intelligence expert and popular media commentator; and Allan Frank, Emmy and Loeb Award-winning contributor to The Daily Beast, special correspondent for Newsweek and contributor to Fortune.
Special pricing for early registration is available through April 5, 2013. Visit FraudConference.com for more information.
Contact the ACFE
For more information, email PR@ACFE.com.
Press Release Main Page
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Writer-in-Law
← Copyright Class 5 – Snow Delay
Copyright Class 7 – Work For Hire →
Copyright Class 6 – Joint Authorship
So, what we will be looking at this week is two special categories of authorship: joint authorship and works for hire. We’ll examine what the law says about each and then what impact that has for writers. I’m going to split them into two different posts to keep the length down to a manageable level. So today, it’s joint authorship.
What happens when two or more people contribute to a single work of authorship? That is the basic question we will start with.
Copyright law uses the term joint authors while the copyright act refers to joint works. You may also see terms like co-authors and collaborators.
Section 101 of the Copyright Act provides the following definition:
A “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.
The first aspect to note is that the statute defines what qualifies as a joint work, and thus who qualifies as joint authors. What I want you to take away from that initially is that you cannot simply decide who is a joint author. Each putative joint author has to do “something.” So you can’t write a book and then make your best friend is going to be a joint author. You can of course make them a co-owner of the copyright by transferring half of your ownership interest to them, but that does not make them a joint author.
Now, we will see that intending joint authorship status is likely necessary to being joint authors, but it is not sufficient by itself to create joint authorship. So a court may require that you have intended for the other person to be a joint author, but that by itself won’t accomplish it.
So, what do you have to do to qualify as a joint author?
Let’s look at our first case: Childress v. Taylor. Here’s what led up to the case:
Moms Mabley
Defendant Clarice Taylor has been an actress for over forty years, performing on stage, radio, television, and in film. After portraying “Moms” Mabley in a skit in an off-off-Broadway production ten years ago, Taylor became interested in developing a play based on Mabley’s life. Taylor began to assemble material about “Moms” Mabley, interviewing her friends and family, collecting her jokes, and reviewing library resources.
In 1985, Taylor contacted the plaintiff, playwright Alice Childress, about writing a play based on “Moms” Mabley. Childress had written many plays, for one of which she won an “Obie” award. Taylor had known Childress since the 1940s when they were both associated with the American Negro Theatre in Harlem and had previously acted in a number of Childress’s plays.
When Taylor first mentioned the “Moms” Mabley project to Childress in 1985, Childress stated she was not interested in writing the script because she was too occupied with other works. However, when Taylor approached Childress again in 1986, Childress agreed, though she was reluctant due to the time constraints involved. Taylor had interested the Green Plays Theatre in producing the as yet unwritten play, but the theatre had only one slot left on its summer 1986 schedule, and in order to use that slot, the play had to be written in six weeks.
Taylor turned over all of her research material to Childress, and later did further research at Childress’s request. It is undisputed that Childress wrote the play, entitled “Moms: A Praise Play for a Black Comedienne.” However, Taylor, in addition to providing the research material, which according to her involved a process of sifting through facts and selecting pivotal and key elements to include in a play on “Moms” Mabley’s life, also discussed with Childress the inclusion of certain general scenes and characters in the play. Additionally, Childress and Taylor spoke on a regular basis about the progress of the play.
Taylor identifies the following as her major contributions to the play: (1) she learned through interviews that “Moms” Mabley called all of her piano players “Luther,” so Taylor suggested that the play include such a character; (2) Taylor and Childress together interviewed Carey Jordan, “Moms” Mabley’s housekeeper, and upon leaving the interview they came to the conclusion that she would be a good character for the play, but Taylor could not recall whether she or Childress suggested it; (3) Taylor informed Childress that “Moms” Mabley made a weekly trip to Harlem to do ethnic food shopping; (4) Taylor suggested a street scene in Harlem with speakers because she recalled having seen or listened to such a scene many times; (5) the idea of using a minstrel scene came out of Taylor’s research; (6) the idea of a card game scene also came out of Taylor’s research, although Taylor could not recall who specifically suggested the scene; (7) some of the jokes used in the play came from Taylor’s research; and (8) the characteristics of “Moms” Mabley’s personality portrayed in the play emerged from Taylor’s research. Essentially, Taylor contributed facts and details about “Moms” Mabley’s life and discussed some of them with Childress. However, Childress was responsible for the actual structure of the play and the dialogue.
Childress completed the script within the six-week time frame. Childress filed for and received a copyright for the play in her name. Taylor produced the play at the Green Plays Theatre in Lexington, New York, during the 1986 summer season and played the title role.
Childress and Taylor then had a falling out when they could not agree how to proceed with the play after a few initial runs. After that falling out, Taylor hired a different playwright, gave him a copy of the play written by Childress, and told him which parts to change. That second play was produced in 1987.
Childress sued Taylor and the others involved in the second play for copyright infringement, among other things. In defense, Taylor claimed that she was a joint author of the original play. You see, if she were a joint author of the original, then she would have equal rights with Taylor and thus would be able to do whatever she wanted with the first play without it being copyright infringement (though she would have to account to Taylor for any profits).
The court looked at the definition of a joint work from section 101 of the Copyright Act and identified three essential elements necessary to qualify as a joint author: (1) a copyrightable contribution, (2) the requisite intention, and (3) a unitary whole. It is the first two that are at issue in most disputes. The court explained those two:
Nevertheless, we are persuaded to side with the position taken by the case law and endorsed by the agency administering the Copyright Act. The insistence on copyrightable contributions by all putative joint authors might serve to prevent some spurious claims by those who might otherwise try to share the fruits of the efforts of a sole author of a copyrightable work, even though a claim of having contributed copyrightable material could be asserted by those so inclined. More important, the prevailing view strikes an appropriate balance in the domains of both copyright and contract law. In the absence of contract, the copyright remains with the one or more persons who created copyrightable material. Contract law enables a person to hire another to create a copyrightable work, and the copyright law will recognize the employer as “author.” 17 U.S.C. s 201(b). Similarly, the person with non- copyrightable material who proposes to join forces with a skilled writer to produce a copyrightable work is free to make a contract to disclose his or her material in return for assignment of part ownership of the resulting copyright. Id. s 201(d). And, as with all contract matters, the parties may minimize subsequent disputes by formalizing their agreement in a written contract. Cf. 17 U.S.C. s 101 (“work made for hire” definition of “specially ordered” or “commissioned” work includes requirement of written agreement). It seems more consistent with the spirit of copyright law to oblige all joint authors to make copyrightable contributions, leaving those with non-copyrightable contributions to protect their rights through contract.
There remains for consideration the crucial aspect of joint authorship–the nature of the intent that must be entertained by each putative joint author at the time the contribution of each was created. The wording of the statutory definition appears to make relevant only the state of mind regarding the unitary nature of the finished work–an intention “that their contributions be merged into inseparable or interdependent parts of a unitary whole.” However, an inquiry so limited would extend joint author status to many persons who are not likely to have been within the contemplation of Congress. For example, a writer frequently works with an editor who makes numerous useful revisions to the first draft, some of which will consist of additions of copyrightable expression. Both intend their contributions to be merged into inseparable parts of a unitary whole, yet very few editors and even fewer writers would expect the editor to be accorded the status of joint author, enjoying an undivided half interest in the copyright in the published work. Similarly, research assistants may on occasion contribute to an author some protectable expression or merely a sufficiently original selection of factual material as would be entitled to a copyright, yet not be entitled to be regarded as a joint author of the work in which the contributed material appears. What distinguishes the writer-editor relationship and the writer- researcher relationship from the true joint author relationship is the lack of intent of both participants in the venture to regard themselves as joint authors.
The court went on to find that Childress had not had the requisite intent to be a joint author with Taylor. The court deduced that intent not from the playwright’s statements during litigation but rather from objective indicia contemporaneous to the creation and production of the play.
A different court came to an identical conclusion given very similar facts in Erickson v. Trinity Theater. Erickson held both that each putative joint authors contributions had to be separately copyrightable and that each author have the requisite intent described in Childress.
Take note of the step that Childress took and that Erickson followed with respect to intent. The statute appears to require only that the putative joint authors have created their contributions with the contemporaneous intent to joint that contribution with someone else’s contribution to form a unitary work. It’s their intention in the act of creation. However, the Childress court, later followed by the Erickson court, added to that intention requirement by saying that each putative joint author had to intend the legal status of joint authorship.
This reflects judicial hostility toward finding joint authorship. That hostility stems from the broad, virtually unchecked rights granted to joint authors. A joint author can do whatever they want with the copyrighted work without the need to seek any permission whatsoever from the other joint author. The only “limit” is that one joint author has to account to the other joint author for any profits from said activity. But if one joint author wanted to give the work away, the other joint author could do nothing about it. As the court in Childress said,
Intent matters.
Examination of whether the putative co-authors ever shared an intent to be co- authors serves the valuable purpose of appropriately confining the bounds of joint authorship arising by operation of copyright law, while leaving those not in a true joint authorship relationship with an author free to bargain for an arrangement that will be recognized as a matter of both copyright and contract law. Joint authorship entitles the co-authors to equal undivided interests in the work, see 17 U.S.C. s 201(a); Community for Creative Non-Violence v. Reid, 846 F.2d 1485, 1498 (D.C.Cir.1988), aff’d without consideration of this point, 490 U.S. 730, 109 S.Ct. 2166, 104 L.Ed.2d 811 (1989). That equal sharing of rights should be reserved for relationships in which all participants fully intend to be joint authors. The sharing of benefits in other relationships involving assistance in the creation of a copyrightable work can be more precisely calibrated by the participants in their contract negotiations regarding division of royalties or assignment of shares of ownership of the copyright, see 17 U.S.C. s 201(d).
There are several other interesting cases in this area: Neil Gaiman and Todd McFarlane fighting over joint authorship of some side characters in the Spawn universe in Gaiman LLC v. McFarlane; an expert on Malcom X claiming joint authorship in the Spike Lee movie based on consulting work done on set in Aalmuhammed v. Lee; and a very recent case about an actress in the video “Innocence of Muslims” claiming a copyright interest in her parts of the video. In the last case, the underlying situation was similar to other joint authorship cases but her legal claims were slightly different.
So what should you take away from this as an author?
First, you don’t need to worry too much about losing a case in which an editor or critique group member claims to be a joint author of your work. Intent within a working relationship is very important. (But not this sort of intent.)
Second, because the default rules for joint authors do very little to regulate control between the two joint authors, you really should not rely on the default rules. Instead, you should have collaboration agreement with any co-authors. See this earlier post.
Tagged as copyright, copyright class, joint authorship
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Review of Everything For Us by M Leighton
Olivia Townsend’s wealthy cousin Marissa had everything a girl could ask for—a great job, a privileged life, and all the friends she wanted. Or, at least, all the friends money could buy. But one case of mistaken identity has turned her privileged world upside down.
An abduction gone wrong lands her right in the lap of the sexiest, most dangerous man she’s ever met. To Marissa, he’s an enigma, but one to whom she’s irresistibly, inexplicably drawn.
With him comes a new world of freedom and passion, of dark shadows and dangerous secrets, a world where nothing is what it seems—except for the blind passion that Marissa can’t escape—or maybe even survive.
Having read the first two book in the Bad Boy's Series, I loved the characters, the story, the them of the book and everything else that was included in this amazing story. After reading the back of the book I could see that this book would be different from the first two book but I loved that people were about to read the other two main characters in the story, Marissa and Nash.
Unlike the first two books in the series, this third and final book is set in Marissa and Nash Point's of View, compared to the first two book which were in Olivia and Cash's Points of View. Though they are both still in the book but this story revolves around these other two character that people have either grown to love or hate but I really hope it is not the latter.
Marissa is Olivia's rich cousin who comes across as really off and doesn't have time for anyone in the first book but moving in the second one the story revolves more around Marissa as she gets caught up in something that is linked the Cash and Nash's past. Though moving into this book, you get to see Marissa in a different light and you can see why she is the way she is. You also get to see what happens in her life through her own eyes and in through someone else's. Being a lawyer she is determined to stick to the right way in everything but when Nash Davenport comes into her life everything is throw out of the window.
Nash is the twin brother to Cash and up until the second book he was believed to have died years ago in the same explosion that killed their mother. He is a even bigger mystery than his brother, Cash. Though Nash doesn't know what he wants in life and even if his plans include Marissa but he feels a connection with her, that he has never felt before. What will happen though when he finally decides what he wants in his life and will it include Marissa.
This is a thrilling conclusion to the best selling book series by M. Leighton. It has everything you want in a book romance, sex, lust, love, getting even with people from your past and putting right the things that have gone wrong. This is a book series that everyone should read as it is amazing and will leave you wanting more.
If I had to sum this book up in three words, they would be; Enthralling, Sexy and Obsessive.
Though as this is the last book in the Bad Boy's Series, if I had to sum this series up in three words they would be, Amazing, Thrilling and Unbelievable.
If you love a story that will hold your attention the whole way through then this is the book for you, this is the epic conclusion to the amazing Bad Boy's Series by M. Leighton.
Thank you to the people at Hodder & Stoughton for giving me a copy to read.
For Down To You and Up To Me, the first and second books in the series reviews, the links are below:-
Down To You - Book One
http://23reviewstreet.blogspot.co.uk/2013/07/review-of-down-to-you-by-m-leighton.html
Up To Me - Book Two
http://23reviewstreet.blogspot.co.uk/2013/08/review-of-up-to-me-by-m-leighton.html
New York Times and USA Today Bestselling Author, M. Leighton, is a native of Ohio. She relocated to the warmer climates of the South, where she can be near the water all summer and miss the snow all winter. Possessed of an overactive imagination from early in her childhood, Michelle finally found an acceptable outlet for her fantastical visions: literary fiction. Having written over a dozen novels, these days Michelle enjoys letting her mind wander to more romantic settings with sexy Southern guys, much like the one she married and the ones you'll find in her latest books. When her thoughts aren't roaming in that direction, she'll be riding horses, swimming in ponds and experiencing life on a ranch, all without leaving the cozy comfort of her office. Another day, another book,
In 2013, 23 review street, ARC, erotic fiction, everything for us, love, lust, m leighton, romance, September 2013, sex, sophie kate
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View John Snow’s report for ITN
http://www.youtube.com/watch?v=sh2d-646BaM&feature=BFa&list=PL554AF938CCEED9E4
and see this film from the North East Film Archive
http://www.nefacalfilms.co.uk/2013/07/15/week-commencing-15th-july/
July 1977 was the month that the unthinkable happened – “the greatest” visited the North East of England. Three-times world boxing heavyweight champion Muhammad Ali took time out to visit the region for four days, with his wife Veronica and his new daughter Hana. At the time he was at the peak of his boxing career and perhaps the best known sportsperson in the world.
Ali was impressed by the warmth of his reception in the North East, and was moved to say, “I’ve never been so honoured, not in America itself by Government officials and authority”.
Ali was received by the Lord Mayor of Newcastle , councillors and many British boxing greats such as Richard Dunn and Dave “Boy” Green at the Mansion House, Newcastle. He also visited the Grainger Park Boxing Club to spar with the young boxers, was guest of honour at a charity dinner at the Mayfair, and did a 50 minute interview with renowend boxing commentator at Eldon Square Leisure Centre.
Take a look at the interview
http://www.youtube.com/watch?v=JoHZZVYS0qc
How did it the visit come about? It was the impossible dream – one of the world’s sporting icons accepting an invitation by a North East boxing promoter to help raise money for a boxing club in South Shields. Johnny Walker, a painter and decorator from Whitburn, had known Ali from his boxing days, flying to the USA to watch his fights. After one of them, he asked Ali to help in raising money for his boxing club in South Shields. Ali said “OK – invite me then”, and Johnny did.
The people of Tyneside turned out in their thousands as Ali toured South Shields in an open topped bus. On his tour he visited South Shields’ Gypsy’s Green stadium, tried his hand at darts, and sparred with a local professional fighter, Reg Long.
Muslims from across the North flocked to see Ali. “I’m overjoyed, and next time I go into the ring, I will remember how many people I have routing for me back here.” They were thrilled and honoured that Ali asked to have his marriage blessed in the town’s mosque, wearing a striking all-white suit. Ali had been brought into the Church of Islam after meeting the black activist Malcolm X.
Ali went on to win the heavyweight championship of the world three times, and become one of boxing’s all-time greats, perhaps “the greatest” as he called himself.
Today Ali is in his 70s and lives on a ranch in Michigan in the United States, but his public appearances are rare because he suffers from Parkinson’s Disease. Ali finds it hard to express himself verbally these days because of his condition, but his mind is still very active.
Ali was an icon, a symbol of his times and a role model for a generation of white and black people. But for the people of Tyneside, and in particular, South Shields, they’ll always remember the day when ‘the greatest’ came to town.
“The King of South Shields” is a 2008 documentary film of the visit, made using archive news and Super-8 footage by local producer Tina Gharavi and her compant Bridge + Tunnel productions. The Yemeni community in South Shields is one of the oldest Muslim communities in the UK, and the film examines the emerging Arab/British identity, during a period when the young men involved were recognising the duality of their culture.
http://www.youtube.com/watch?v=IYrYLRJZrKQ
Buy the DVD –
http://www.bridgeandtunnelproductions.com/projects/the-king-of-south-shields-experimental-documentary/
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Home » Jewlarious » Funny Stuff
Jew Aid
Aug 14, 2011 | by Mark Miller
Jewish celebrities band together to help trim the deficit.
Historically, we Jews have developed our trimming skills to a near legendary extent. We’ve substantially trimmed the size of the Pharaoh’s army when it tried following us as we crossed the Red Sea. Millions of Jewish mothers and grandmothers have trimmed the chicken fat from our poultry before cooking it. And no need to go into explicit details about the mohel’s trimming abilities.
It’s no wonder, then, that Jewish celebrities have decided to band together in a major, unprecedented effort to help trim the deficit.
Benefit favorite Bob Dylan will open the show with “AAA, Mr. Tambourine Man.”
In the tradition of Farm Aid and Comic Relief, Jew Aid: Back From the Brink of Default will take the form of a live show which will take donations as it is broadcast on several cable networks as well as over the Internet. And while I cannot absolutely confirm any of the following details 100%, they did come my way from a very trustworthy source – my mother’s hairdresser’s nephew is the roommate of a guy who knows a person who’s pretty good friends with Jew Aid’s assistant make-up person’s cousin. So, never let it be said that Jewlarious.com has no show biz connections.
In response to Standard & Poor’s having downgraded the U.S. government’s credit rating to AA-plus from the coveted AAA, benefit favorite Bob Dylan will open the show with new lyrics he’s written for one of his classic songs – “AAA, Mr. Tambourine Man.” Backup dancers from Japan, China, Spain, Taiwan and Slovenia will represent those countries with which the U.S. now shares the same credit rating.
As the donations come in and are processed, the tote board will show America’s $14.3 trillion dollar debt being reduced, little by little. Each time the debt is reduced by $1 million, a surprise guest celebrity will appear and entertain. These will include Barbra Streisand doing a financial meltdown-themed version of West Side Story’s “When You’re a Jet,” called “When You’re in Debt.” And harkening back to a fiscally healthier time, the ‘70s, the hit song “Feelings” will be used to salute Obama’s raising of the debt ceiling, as a group of CPAs sing “Ceilings.”
While the sets are being changed, Don Rickles will preside over a Barack Obama and John Boehner lookalike contest. In conjunction with the bipartisan nature of the just-passed bill to raise the nation’s debt ceiling, Rickles will insult the Obama and Boehner wannabes equally.
Larry David will confide that with his profits from “Seinfeld” and “Curb Your Enthusiasm,” he could easily make a huge dent in our $14.3 trillion dollar debt, but instead, he has decided to use the situation as a way of teaching our young people some responsibility and love for their country. He therefore will proceed to ask kids throughout America to send the government their lunch money and allowance for the next three months.
Kris Kristofferson, a Rhodes scholar, will calculate exactly how high our debt ceiling can be raised. He’ll then perform an updated version of his hit, “Me and Bobby McGee,” including the new lyrics, “Default’s just another word for everything left to lose…” In the evening’s most emotional moment, the ghost of Janis Joplin will make a special, unbilled appearance to duet with him.
In a demonstration of the need to make deep spending cuts, Natalie Portman and Scarlett Johansson will headline a fashion show of models and celebrities wearing garbage bags, which, they explain, greatly reduces their clothing expenditures.
In a serious, heartfelt moment, former “Star Trek” commander William Shatner explains that the bill Congress just passed was the result of “a compromise, much like my career.” And Joan Rivers likens the Democrat and Republican dysfunctional squabbling to “a typical Jewish family dinner, but without the brisket.”
Joan Rivers likens the Democrat and Republican dysfunctional squabbling to “a typical Jewish family dinner, but without the brisket.”
Right Wing Jewish celebrities, lead by Jon Voigt and James Caan, will form their own version of the Tea Party – the Borscht Party. They will do their part to help trim the deficit by offering bottles of celebrity borscht to anyone making a donation. Howard Stern will get into a major argument and scuffle with them, leading all to wonder if it was a planned bit.
In one of the most controversial parts of the show, Bernie Madoff will appear on a live feed from prison to apologize to the world and warn those in finance to get their budgetary eggs in order and to treat people right. According to the script, he will then break down in tears and vow to devote the rest of his life to humanitarian causes.
Get out your handkerchiefs, because Tori Spelling will elicit tears with her revelation of how a million dollars buys much less of a week-long vacation in St. Barts than it once did. Sarah Silverman will rush out to comfort her, though while they are hugging, Sarah will make mocking faces behind Tori’s back.
Paula Abdul will forget what show she is on and begin judging the other performers.
As the evening approaches most children’s bedtime, Supreme Court Justice Elena Kagan will address the children directly, explaining to them exactly how the U.S. Budget, the debt ceiling, federal credit and the threat of default works – thereby putting the kids, and many of their parents, immediately to sleep.
David Schwimmer and Lisa Kudrow will get the cast of “Friends” together to do a comedy sketch titled “Old Friends,” in which they’re all living in a retirement community in Miami, still hanging out at the coffee house, and making crank calls to the White House, offering their suggestions for avoiding a disastrous government default.
Using this platform to prove to the world that he is once again serious about acting, Joaquin Phoenix will appear, clean-shaven and coherent. He will do the famous “To be or not to be” scene from Hamlet, but in Yiddish and he will primarily yodel it. Phoenix will end on a high note, dueting with his rabbi on “My Yiddishe Mama.”
And finally, in the evening’s perfect grand finale, master magician David Copperfield will bring the crowd and even those watching on TV at home to their feet – by making the entire national deficit – disappear. Wouldn’t that be nice.
Mark Miller has held positions as a nationally syndicated humor columnist for the Los Angeles Times, an interviewer and humor blogger for The Huffington Post (along with a wealth of other publications), a TV sitcom staff writer/producer, a stand-up comic in nightclubs and on TV, and a writer for comedians such as Jay Leno, Dana Carvey, Roseanne Barr, Rodney Dangerfield, and Jim Carrey. His first book, a collection of his humor essays on dating and romance, is 500 Dates: Dispatches From the Front Lines of the Online Dating Wars. But he says he’d trade all his success away in a minute for immortality, inner peace and limitless wealth. Follow his website/blog at: http://www.markmillerhumorist.com/. Reach him at: mark.writer@gmail.com
Trimming the Fat
Jewish Celebrity Thanksgivings
Jewish Graduations and End of Year Celebrations
Jewish Celebrity Secrets Uncovered by the NSA
Yom Kippur: Celebrity Edition
(4) Anonymous, October 25, 2013 8:05 PM
When is this going to take place. I would love to see it on tv or something. You have my email, plz email me the details......
(3) Molly Lev, August 17, 2011 5:32 AM
I wish you would
Thanks for the laughs. I thought this was going to be an article about aid for the housing crisis in Israel. A concert or telethon or something. It's so healthy to laugh at yourself though. I wish more politicians could. If you do decide to go ahead with a show like this, I'd love to see it. Laughter makes everything so much easier.
(2) Kathy, August 16, 2011 12:06 PM
I'm hoping this is going to be shown online .....I'd love to see it. I live in NZ, so impossible to be there. I hope you're going to do a scene where b h o is tried as a Moslem traitor.
(1) Anonymous, August 15, 2011 5:24 AM
Glad for the Backup Plan To The Super Committee
I thought it might come down to the comedians in our country to actually solve our current economic problems. So glad this backup plan to the Super Committee has so thoughtfully been laid out. The back up plan agreed to by our politicians in Washington DC, to make across the board cuts if Congress cannot agree on what the Super Committee suggests, appears to fall short in too many ways.
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Home | Press Centre | Speeches | Introductory remarks by His Highness the Aga Khan at the GCP Annual Pluralism Lecture 2019
His Highness the Aga Khan delivers remarks at the 2019 Annual Pluralism Lecture to introduce Deputy Secretary-General of the United Nations, Amina J Mohammed.
Photo: AKDN / Sergio Garcia
GCP Annual Pluralism Lecture 2019
SPEECH DELIVERED BY
Lisbon, Portugal (11 June 2019)
Lecture by Ms. Amina J. Mohammed, UN Deputy Secretary-General
Lecture 2019 (full video)
Global Cente for Pluralism - Website
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Bismillah-ir-Rahman-ir-Rahim
Ms. Mohammed,
Your Excellency, the President of the Assembly,
Excellencies,
It is my great pleasure to welcome you, on behalf of the Board of the Global Centre for Pluralism, to the 2019 Pluralism Lecture here at the Ismaili Centre in Lisbon.
I am delighted that this seventh annual Lecture is being delivered in Portugal. And I say that not only because this beautiful country is steeped in global history and culture, and usually drenched in sunshine. For those of us who believe in the bridge-building work of pluralism, Portugal has much to teach, even as it confronts its own challenges.
This country is blessed with a long history of productive co-existence among Christians, Jews, and Muslims. The History of Al-Andalus was written here, on the Iberian Peninsula, between the 8thand 16thcenturies. This blending of cultures, religions and languages brought innovations in architecture, agriculture, medicine and even cuisine that are woven now into the very fabric of modern Portugal.
In July last year, the Global Peace Index ranked Portugal amongst the five most peaceful nations in the world. And for good reason. At a time of rising intolerance, this country has established some of the most welcoming policies for migrants in Europe. As populations in many Western countries are aging, and even dwindling, Portugal is among the few that recognise that newcomers are essential to secure the country’s future.
This welcoming attitude is one of the most strongly associated with pluralism, which is the core mission of the Global Centre for Pluralism. As a beacon of research, education and dialogue, the Centre is drawing lessons from the political, social and cultural dynamics in diverse and divided societies around the world. I encourage all of you to explore what the Centre has to offer. By learning from others’ successes, we may help our own societies to “inoculate” themselves against the temptation to set various people against one another – including the temptation to exclude marginalised populations.
Tonight’s speaker, UN Deputy Secretary-General Amina Mohammed, has had an extraordinary life journey, and we are all privileged to be able to benefit from her insights. Thank you.
Ms. Mohammed’s active involvement with global development, and her passionate commitment to girls’ education – both go back almost twenty years, when she coordinated the Task Force on Gender and Education for the United Nations Millennium Project. In 2005, as Senior Special Assistant to the President of Nigeria on the Millennium Development Goals, she was charged with steering Nigeria’s debt relief funds toward achieving those Goals. The MDGs, in shorthand, refer to the eight Goals that gave the world a blueprint for tackling its greatest social and economic challenges from 2000 to 2015.
Ms. Mohammed at first described herself as something of a sceptic about that project – how could one possibly reduce the world’s challenges to eight goals? – she asked. Nonetheless, she embraced the cause. With dogged persistence, she helped to ensure that some one billion dollars a year went where it was needed and intended − to reducing maternal mortality, giving communities safe water access, and providing good schools and teachers for Nigerian students.
In 2012, Amina Mohammed took on another global role as Special Adviser to UN Secretary-General Ban Ki-moon on the next stage of the United Nations Development Planning – the 2030 Agenda for Sustainable Development. Her new challenge was to work with, a small number, 193 nations to replace the MDGs with a new overarching framework for global development up to 2030.
In characterising this new framework era, Ms. Mohammed has said and I quote: “Development is no longer an issue of the Global South. It is an issue of the Global North, South, East and West.” Indeed, all member nations of the United Nations − including Canada, Portugal and Nigeria − and 190 other countries, have accepted the Goals as their own national objectives. Agenda 2030 calls for action by all countries for all people.
Ms. Mohammed then stepped from the conceptual stage at the United Nations back into the implementation area at home. As Federal Minister of Environment, she steered Nigeria’s action on climate change and resource conservation for sustainable development.
Ms. Mohammed is an outspoken advocate for global action on climate change, for children’s education, and for the protection of human rights. Above all, she has described gender equality − Sustainable Development Goal number 5 − as the quote “docking station” for all the other Goals, an essential conduit for their achievement.
She has served as Director, Governor or Advisor on numerous Boards, including the Global Partnership for Sustainable Development Data, Canada’s International Development Research Centre, and the Global Development Program of the Bill & Melinda Gates Foundation. And she has received too many honours and awards for me to name, for I fear I will leave no time for her lecture.
Ladies and Gentlemen, it is my very great privilege to welcome our annual Pluralism Lecturer for 2019, Ms. Amina Mohammed.
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